ROADS.

2045

AH ACT to regulate the manner of obtaining and altering Public Roads in
Montgomery County.— 1835, ch. 220.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That from and after the passage of this act, the levy court of
Montgomery county, upon the petition of any five or more
freeholders, in said county, describing sufficiently any road
which they may wish to have opened, straightened, altered or
shut up, be and they are hereby authorized to issue a commis-
sion to three examiners, discreet, disinterested citizens, and

Application

freeholders of said county, authorizing them, or a majority of
them, to meet upon the premises and enquire and examine
whether the public convenience, requires that the road should
be opened, straightened, altered or shut up, agreeably to the

Commis-
sioners to
examine.

petition, and if in their judgment the public convenience does
not require the road to be opened, straightened, altered or shut
up as prayed for, they shall make their return accordingly,
and thereupon the proceedings shall end, and the petition be

Unfavoura-
ble report

dismissed, and the petitioner shall pay all costs incurred; but

Costs.

if in their opinion the public convenience does require such
road to be opened, straightened, altered or shut up, they shall

If favoura-
ble report.

make or cause to be made in their presence, and under their
direction, a location of such road in the manner in which they
shall believe the public interest and convenience will be best
promoted, and also of such other portions of the adjacent coun-
try, roads, and streams of water, as they shall deem necessary

Location
directed.

to a clear understanding of the case, and shall cause a plat of
the same to be made out with suitable explanations, and shall
return the same, together with a full report of their proceed-
ings under their hands, to the said court, and also the reasons
whereon their opinion is founded.

Report

SEC. 2. And be it enacted. That the said examiners, before
they shall proceed to execute such commission, shall take an
oath or affirmation, as the case may be, before a justice of the
peace of the county aforesaid, to be by him certified Upon said
commission, that they will execute the said commission truly
and faithfully, without favour, affection or partiality.

Oath of
examiners.

SEC. 3. And be it enacted, That the said examiners, or a
majority of them, before they proceed to execute such com-
mission, shall give at least thirty days public notice thereof to
all persons concerned, by advertisement, describing the road
proposed to be opened, straightened, altered or shut up, and
appointing the day of meeting of said examiners upon the
premises as aforesaid, which advertisement shall be published
thirty days previous to said meeting, in one newspaper printed
in said county, if any be published therein, a copy of which
shall also be set up at five public places in the neighborhood,

Notice
required.