ART. 25] PUBLIC ROADS. 787

shall give thirty days' notice thereof in one or more of the newspapers
published in the county; and if no newspaper be published in the
county he shall give public notice of such intention by setting up a
notice at the court house door, and at three public places in the election
district in which it is proposed to open, close or alter the road, for at
least thirty days.

Sections 88 to 104 do not contemplate the opening of roads through lands

already owned by the county. Gist v. Owings, 95 Md. 304.

Cited but not construed In Smith v. Goldsborough, 80 Md. 57; Winchester

v. Cecil County, 78 Md. 267.

1904, art. 25, sec. 89. 1888, art. 25, sec. 85. 1860, art. 28, sec. 14.
1853, ch. 220, sec. 2.

90. Counter petitions may be presented to the county commis-
sioners, and when they are, the county commissioners shall take into
consideration the reasons contained in the counter petition, and such
other testimony as may come before them, and determine the case as
in their opinion shall seem right and proper.

Cited but not construed in Smith v. Goldsborough, 80 Md. 57.
See notes to sec. 89.

Ibid. sec. 90. 1888, art. 25, sec. 86. 1860, rt. 28, sec. 15.
1853, ch. 220, sec. 3. 1884, ch. 364.

91. Whenever the county commissioners shall decide that it is
expedient that a road be opened as provided in the preceding section
they may contract with the owner or owners of the land through which
the said road is intended to run for the right of way over the land nec-
essary for said road, if he, she or they be competent to contract; and in
case the said county commissioners shall so contract they shall cause a
plat of the said road to be made by a competent surveyor and filed and
recorded in the office of the clerk of the circuit court for the county in
which the deed or deeds conveying the said lands are required to be
recorded, which said plat shall be referred to in, and shall be a part
of said deed or deeds, and the lands so conveyed shall be and become
thenceforth the property of the county, in the same manner and to
the same extent as other county roads, and no further, subject to the
public rights of way over the same; and it shall be lawful for the said
county commissioners of any county so to contract for land for a public
wharf, drains for county roads or order public use or uses, which said
land shall be the property of said county, subject to said use or uses;
and whenever the county commissioners shall deem it expedient that
examiners should be appointed to view the grounds for the purpose of
opening, altering or closing a road, they shall appoint three persons as
examiners, who shall be freeholders in the county, and not interested
in or holding lands through which the road is proposed to be opened,
altered or closed; but the appointment of examiners shall not prevent
the said county commissioners at any time thereafter from contracting
with the owner or owners, as above provided; and the county commis-
sioners of any county are authorized, when the county roads cannot be
conveniently drained by drains along the said county roads, to make