The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1900-08-25
ae1u Advertisements.

not less than equal that appropriated by the
County Commissioners, all of said money TO be
SEC. 2Os. Whenever any owner of property
in Baltimore county shall have opened, laid out
or graded any avenue or road for the public con-
venence and is willing to dedicate the same to
public uses by good a ms sufficient deed duly
thorized to accept the same. if in their opinion,
the same be necessary and convenient for public
use, and upon such acceptance the said avenue
or road so dedicated shall be kept in good order
and repair by the Road Commissioners of the
district in which it may be situated provided,
road shall not be less than thirty feet in width,
and duly and properly graded in the Judgment
of the County Commissioners.
SEC. 2O3. Whenever any road shall have been
in use for twenty years. though the same may
not have been condemned or granted as public
highway, the County Commissioners, if they
deem public necessity requires the adoption of
the same as such, shall declare the said road to
be public highway. with full power to relocate
and straighten the same, in their discretion, and
shall publish notice to that effect once a week
for two successive weeks, in one or more news
papers published in Baltimore county; pro-
vided said road shall not be Tess than thirty feet
in width. and such road so declared to be pub
lie highway, shall be kept in good order and re-
pair by the Road Commissioners of the district
in which such road is situated, as other public
roads are.
SEC. 2O4. Whenever any doubt exists as to the
proper location width of road, the Road
Commissioners of the district, under the direc-
ton of the County Commissioners. may cause
the same to be surveyed, and make such altera-
lions as the public convenience may require,
subject as to the rights of any person of the
provision contained in this Act, for the opening
of new roads.
SEC. 2O5. All applications for opening. altering
or closing roads shall be by petition to the Coun-
ty Commissioners.
SEC. FOG. Whenever any taxable inhabitant or
inhabitants of Baltimore county intend to pc
ttion the Commissioners for opening, altering
or closing any road, he shall give thirty days
notice thereof in one or more of the newspapers
mn baltimore S1ftinp
near as may be the length and location of said
road.
SEC. 2O7. Counter petitions may be presented
to the County commissioners at time within
fifteen days after the expiration of the thirty
days notice, provided for in Section FOG of this
Act, and when any counter petitions are so pre-
scented the County Commissioners shall appoint
day when the petition and counter petitions
shall be heard, and Shall consider the same and
such other testimony as may come before them,
and determine the case as in their opinion shall
seem right and proper.
shall decide that it is expedient that road be
opened as provided in the preceding section,
that they may contract with the owner or own
tended to run for the right of way necessary
for said road, if he, she or they be competent to
contract. and in case the said County Commits
sioners shall so contract, they shall cause plat
of the said road to be made by the Baltimore
County Roads Engineer and filed and recorded
in the office of the Clerk of the Circuit Court
for Baltimore county, which said plat shall be
referred to in and shall be part of said deed or
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 right of way over the same; and it
shall be lawful for the said County Commits
sioners of Baltimore county SO to contract for
lands for public wharf drain for county roads
or other 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 ex-
aminers 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 ex-
amners shall not prevent the said County Com
missioners at any time thereafter from con-
tracing with the owner or owners as above pro-
vided and the County Commissioners of said
county are authorized, when the county roads
cannot be conveniently drained by drains along
the said county roads, to make the same upon
the property outside the limits thereof and they
shall contract for the land that may be required
for that purpose as above provided; or they
may proceed to condemn the lands that may be
visions of Sections 24S to 253. both inclusive,
Article %, title Corporations" and any amend
ments thereto.
to act as such, shall take an oath to execute the
trust reposed in them faithfully and without
favor. affection or Partially, which oath shall
be endorsed on the order of appointment and
returned Herewith.
SEC. 210. Said Examiners, or a majority of
meeting by publishing the same once a week
for two successive weeks in some newspaper
or newspapers published in Baltimore county,
and by causing copy of the same to be de-
livered to every owner through or along whose
property the proposed road will pass, or be pub
licly posted on said property. in case the owner
cannot be found at least five days before the
day of meeting, and in case the owner be an in
FAINT or non C0mpoS meatis then a copy Of said
nt ice shall be left Wh the pare or
having charge of the person alleged to be non
c0nlr,os mentis, and, at the time appointed, the
Examiners, majority of them, shall meet
on the premises and proceed to examine and de-
Of closed, as the case may be; but they shall
have power to adjourn from time to time.
SEC. I'll. If the application be for opening,
closing or altering a road, and if the said ex-
aminer shall determine that the public conven-
fence requires that the road should be opened.
closed or altered, they shall proceed to locate
the same In such manner as will, in their judg-
ment, best promote the public convenience.
and shall cause plat of the same and also of
the old road, when the application is to alter or
close road to be made out under the direction
of the Baltimore County Roads Engineer, and
shall return the same, together with full re-
port of their proceedings, under their hands, to
the County Commissioners, with the reason on
which their opinions are founded.
SEC. 2l2. If the said Examiners shall be of the
altered or shut up, they shall report their opin-
the reason on which it was founded.
SEC. 2l3. Whenever any road shall be located
and surveyed as public road. the Board of
Examiners shall make an estimate of the cost
of making said road and also of the damages, if
any, to be paid, and shall assess the damages
and benefits caused thereby upon the persons
interested, and the districts, respectively in
such proportions as they may deem just and
proper and shall cause notice to be given to ali
persons assessed of their respective assessments
by publication in one or more newspapers of
baltimore county once week for two success
sive weeks; and that objections thereto may be
filed with the County Commissioners within
thirty days from the first publication of said
notice, and shall furnish to the County Commits
sioners report of such assessment; and if any
person or body corporate or district acting
through its Road Commissioners shall feel ag-
grieved by the award, report or proceeding of
said Board of Examiners, he, she or it, within
thirty days after said report is filed in the office
of the County Commissioners, shall file his, her
missioners, after five days notice to each side
interested, or as soon thereafter as practicable,
shall proceed to consider the award, return of
report, plat and proceedings of said Examiners,
and all the proceedings in said case, and they
may modify and confirm reject, reverse, alter,
amend or correct the award return the report,
plat and proceedings in said case, may in their
discretion send back to said Examiners the
award, return of report, plat and proceedings
for alterations, corrections or amendments of
any person interested in said proceedings may
appeal from the final order of ratification or re-
lection of the County Commissioners of said
county to the Circuit Court for said county -;
provided, said appeal is taken within thirty days
from the passage or said final order of ratifca-
the cost of the record in case of appeal shall be
paid or rendered to the Clerk of the County
Commissioners within thirty days from the
date of said appeal, and in case of said costs
of said appeal are not so paid or rendered within
said period it shall be lawful for the County
Commissioners to proceed to act in the premi-
SEES, as if no such appeal had heen taken, and in
case any appeal is taken to the Circuit Court for
said county, and motion is filed to quash the
proceedings in said case, any of the proceedings
may be amended as to matters of FORM so that
the case be tried on its merits, and the pur-
poses of justice subserved. or the Court may, in
its discretion, remand said case to the County
Commissioners for alteration, correction or
amendment; and all persons so appealing to the
Circuit Court for Baltimore county shall be Sc
cured in the right to jury trial ; and the said
Court shall direct the Sheriff of Baltimore
county to summon twelve more persons
qualified to be jurors, and shall empanel any
twelve dsinterested persons so summoned to try
any question of fact, and if necessary to view
any property in question, and to determine the |
proper amount of damages or benefits due on
account of the same, and when final judgment
is entered by the Circuit Court in any case said
Court may determine whether the costs shall be
paid by the appellant or appellee.
SEC. PA. The County Commissioners shall not
advertise any notice of application for opening
any new road or widening, Strengthening, alter |
ing or closing any old road, or part of any old
road unless the parties interested in said appi- |
cation shall pay to the Treasurer of Baltimore
county such sum or sums of money as may be
TO the expenses of advertising |