290
LAWS OF MARYLAND.
Application
to be by petition.
Notice to be
published.
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SEC. 2. And be it enacted,
That all applications
for opening, altering or closing any road or roads, shall
be by petition to the county commissioners; and whenever
any citizen or citizens, of any county intend to
petition the county commissioners of said county for
opening, altering or closing any road or roads, they
shall be required to give thirty days notice thereof, in
one or more of the newspapers published in the county
in which it is proposed to open, alter or close any road,
and in case there be no newspaper published in the
county, then the petitioners 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, alter or close any road
or roads, for at least thirty days, for the purpose of giving
an opportunity to all persons who may be opposed
to the opening, altering or closing of such road or roads,
to put in their counter petition, and whenever a counter
petition shall shall be presented to the county commissioners,
they shall take into consideration the reasons
contained in such counter petition, and such other testimony
as may come before them, and determine the
case as in their opinion may see right and proper.
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Examiners
may be appointed.
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SEC. 3. And be it enacted,
That whenever the
county commissioners shall deem it expedient that examiners
should be appointed to view the ground, for
the purpose of opening, altering or closing a road or
roads, they shall appoint three persons as examiners,
who shall be free-holders in the county, and not interested,
nor holding lands through which the said road
is proposed to be opened, altered or closed up, and the
persons so appointed, or a majority of them, after giving
notice for the same period of time, and in the manner
provided in the second section of this act, shall meet
on the premises and examine and determine whether
the public convenience requires that the said road
should be opened, altered or shut up, as the case may
be; the said examiners, or a majority of them, shall, in
case the application shall be for opening or altering a
road, proceed to locate the same in such manner as will,
in their judgment, best promote the public convenience;
and they shall cause a plot of the same, and also of the
old road; where the application shall be to alter or
shut up a road, to be made out, and shall return the
same, together with a full report of their proceedings,
under their hands, to the county commissioners, and of
the reasons on which their opinions is founded, and
if the said examiners shall be of opinion that the said
road ought not to be opened, altered or shut up, they
shall report their opinion to the county commissioners
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