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EDWIN WARFIELD, ESQ., GOVERNOR.
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661
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sioners deem it expedient that the same be re-surveyed, they
shall cause the same to be surveyed by the country surveyor
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CHAP. 366
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and a description and plat made thereof and recorded and
filed among their records. Whenever possible such descrip-
tion shall be made by reference to the original description
of said road, when the same was acquired, by grant or con-
demnation, if such description can be found, but if the same
can not be found, then such description and plat shall be
made of said road as actually laid out and used, the existing
centre of the road being taken for the centre of the road as
re-surveyed, the width thereof as re-surveyed, marked and
plated by the surveyor, being in all cases not less than
thirty feet; upon a return of said certificate and plat, notice
shall be published in at least one newspaper in the county
that the same without objection will be confirmed at the
expiration of twenty days.
Section 138 B. After the expiration of twenty days from
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Survey to be
made.
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the returns of the surveyor, the County Commissioners, if
no objections be made, or after hearing or considering any
objection that may be made, shall proceed to pass judgment
thereon and affirm or reject the same, or order it to be
amended in their discretion, and may continue over their
proceedings to their next meeting, and so from time to time
so long as they shall in their judgment think such contin-
uance necessary for the purpose of justice; and the final
judgment of said County Commissioners, or the judgment of
the Circuit Court, in the event of an appeal by any person
interested in relation to such road, and the plat thereof as
confirmed by said judgment, shall be recorded among the
proceedings of the County Commissioners in a separate
book, to be by them provided for that purpose; the re-survey
of such road as established and confirmed by the judgment
of the County Commissioners or of the Circuit Court in the
event of an appeal, or certified copies of the record thereof,
shall be taken and received as full and sufficient evidence of
the true location of such roads in all the courts of this State.
Section 138 C. It shall not be lawful for any person in
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Affirm or reject
said survey.
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Carroll county to erect buildings or to fence in gardens or
burial grounds, obstructing any contemplated county road
when said road has been petitioned for by citizens of Carroll
county, until the application has been refused by the County
Commissioners.
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Unlawful to
erect build-
ings, etc.
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