802

LAWS OF MARYLAND.

highway, with full power to relocate and straighten the same,

in its discretion, and shall publish a notice to that effect once

a week for two successive weeks in one or more newspapers

Proviso.

published in Baltimore County ; provided, said road shall not

be less than thirty feet in width ; and said Highways Commis-

sion shall cause a description and plat of said road to be made

and recorded or filed among its records ; and thereafter such

roads so declared to be a public highway shall be kept in good

order and repair as other comity roads.

Doubts as to

201. Whenever any doubt exists as to the proper location

proper loca-
tion.

or width of a county road, the Highways Commission may

cause the same to be surveyed by the County Surveyor and a

description and plat made thereof and recorded or filed among

its records, which said description and plat shall be deemed

official and prima facia correct by said Highways Commission

and in the courts of this State until and unless the contrary is

proven. Whenever possible such description shall be made

by reference to the original description of said road when the

same was acquired by grant or condemnation, if such de-

scription can be found, but if the same cannot be found then

such description and plat shall be made of said road as actually

laid out and existing.

202. All applications for opening, altering, relocating or

Applications
for opening

closing roads shall be by petition to the Highways Commis-

roads, etc.

sion, and whenever any freeholder of the county shall desire

to have opened a new road for the public benefit, or an old

one altered, relocated or closed, he shall give notice of his

intention to apply therefor by publication in one or more of

the county newspapers for three successive weeks, setting forth

as near as may be the length, location and termini thereof, the

names of the abutting property owners and the date on which

he will appear before the Commission and ask for an order on

such petition, In addition to such notice by publication he shall

cause a copy of said advertisement to be served upon such

abutting property owners where personal service is practicable,

and where not practicable, to be left on the premises with the

person in charge thereof. Within ten days after the last publi-

cation of such notice he shall file his petition with the Highways

Commission, together with a certificate of publication of the

notice aforesaid and a certificate of the person serving such

notices as to the service of the same. Counter petitions or

Counter peti-
tions.

objections to the opening, altering or closing of such road may

be filed by anyone interested at any time before the date fixed

for the hearing on such petition, and whether there be objec-

tions or not to the granting of such petition the Commission