ART. 3. ] BALTIMORE COUNTY. 485
treasury, and not until then, the improvement petitioned for
and determined upon shall be made.
351. Whenever any owner of property in Baltimore county
shall have opened, laid out or graded any avenue or road for the
public convenience, and is willing to dedicate the same to public
uses, by a good and sufficient deed duly recorded, the Highways
Commission is authorized to accept the same, if in its opinion
the same be necessary and convenient for public use, and upon
such acceptance, which shall be endorsed upon and recorded
with the deed, said avenue or road shall be kept in good order
and repair as other county roads; provided, that previous
to such acceptance said road shall not be less than thirty
feet in width, and duly and properly graded in the judgment of
the Highways Commission; and provided further, that a plat of
the road so dedicated shall be furnished with and made a part
of said deed and recorded therewith, and a duplicate plat shall
be furnished for preservation among the records of the High-
ways Commission.
352. Whenever any road shall have been in use by the public
for twenty years, though the same may never have been con-
demned or granted as a public highway, the Highways Commis-
sion, if it deems public necessity requires the adoption of the
same as such, shall declare the said road to be a public high-
way, 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 published
in Baltimore county; provided, said road shall not be less than
thirty feet in width; and said Highways Commission shall
cause a description and plat of said road to be made and re-
corded or filed among its records, and thereafter such road so
declared to be a public highway shall be kept in good order and
repair as other county roads.
353. Whenever any doubt exists as to the proper location or
width of a county road, the Highways Commission may cause
the same to be surveyed by the County Surveyor, and a descrip-
tion and plat made thereof and recorded or filed among its
records, which said description and plat shall be deemed official
and prima facie 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 description 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 ex-
isting.
|
|