IV V , MARYLAND GEOLOGICAL SURVEY. WM. BULLOCK CLARK, State Geologist. PUBLIC GENERAL AND PUBLIC LOCAL LAWS OF MARYLAND RELATING TO ' HIGHWAYS. Compiled from The Code of 1888 and the Laws of Maryland for 1890, 1892, 1894, 1896 and 1898. (Special Publication.) THE JOHNS HOPKINS PRESS, Baltimore, December, 1899. LAWS OF MARYLAND RELATING TO HIGHWAYS !;;■ LIBRARY OF THE DEO 2 3 192ft UNIVERSITY OF ILLINOIS The laws reprinted in the following pages include all of the statutory enactments relating to roads which are of general interest. These laws have been taken from the Code of 1888, where that is still in force, and the later enactments from the Laws of 1890, 1892, 1894, 1896, and 1898. The references at the beginning of each section give the Code by article and section, or the enactment by date and chapter of the original act. The grouping is as follows: Public General Laws. General provisions. Bridges. Public roads. Private roads. Companies for the erection of bridges. Kailroad companies Turnpike, plank road and passenger railway companies. Highway investigation. Public Local Laws. Allegany county. Anne Arundel county, etc. The laws regarding the policing of roads and the granting of powers to companies for the construction of special turnpikes, bridges or passenger railways, those relating to individual roads, the distribution of the road-tax to the towns and villages and the maintenance of village streets are of such local interest that they have been omitted. LAWS OF MARYLAND RELATING TO HIGHWAYS Public General Laws. (1888), art. 25. County Commissioners. GENERAL PROVISIONS. (1860), art. 28, sec. 1. 1874, ch. 411. 1. The county commissioners of each county in this State are declared to be a Road supervisors corporation, and shall have full power to appoint judges of election, road supervisors, collectors of taxes, trustees of the poor, a clerk to their board, and all other officers, agents, and servants required for county purposes, not otherwise provided for by law or by the constitution, and they shall have charge of and control over the property owned by the county, and over county roads and bridges, and wherever in their opinion the public interests require or will be thereby advanced, may commit the whole matter of grading and constructing public roads, and the repairs thereof, and the construction and repairs of public bridges, to the charge of competent and scientifically educated civil engineers, who shall direct and manage all such public works under the immediate control of said county commissioners, and who shall hold office for such time, with such salary, under such bond and subject to such regulations as may be directed by the said county commissioners from time to time, and calculated to secure competent officers, and a faithful discharge of duty; ... 1888, ch. 467. 2. They shall also, in their respective counties, have control over all the public County commis- roads, streets and alleys, except in incorporated towns in their respective counties sioners have control and make such rules and regulations for repairing, cleaning, mending and perfecting of the roads - the same, and providing for the payment of the cost of the same, as they may deem necessary; they may make all necessary rules and regulations for the erection and removal of gates and fences across or obstructing the public highways in their respective counties. (1860), art. 28, sec. 10. 1853, ch. 220, sec. 1. 12. They shall have power to open, alter or close any public road their respective counties. or roads in Change of roads. Ibid. sec. 13. They may build and repair therefor. 11. 1856, ch. 308, sec. 1. bridges, and levy upon the property of the county Bridges. BRIDGES. (1860), art. 28, sec. 47. 1856, ch. 308, sec. 2. i9. All applications for building and repairing bridges shall be made by petition to the county commissioners. Petition. Ibid. sec. 48. 1856, ch. 308, sec. 2. 20. When any person intends to apply for building or repairing any bridge give notice in the same manner and for the same length of time prescribed for tions for opening roads; and the county commissioners, when they have heard he shall applica- the rea- Notice of petition. 807758- 4 THE ROAD-LAWS OF MARYLAND Tax levy. Method of repairing by contract. Opening of bids. Inspection of work. Final payment. Conference with Commissioners of adjoining county. Examiners. Examination, esti¬ mate and report. Request for proposals. sons and evidences for and against the application, shall determine the case as in their judgment will best promote the public convenience. (1860), art. 28, sec. 49. 1856, ch. 308, sec. 3. 21. Whenever the county commissioners shall have determined to build or repair a bridge, they shall, at their usual time for levying taxes, levy on the assessable property of the county a sum sufficient to pay for the bridge and its embankments and abutments. Ibid. sec. 50. 1856, ch. 308, sec: 4. 1884, ch. 114. 22. All bridges shall be built or repaired by contract; and the county commissioners shall advertise in one or more newspapers, and if there be no newspaper published in the county or counties, then by such public notice as they may deem most advisable, setting forth the place where said bridge is to be built or repaired, with full specifications of the plan and materials, and that sealed proposals for building or repairing said bridge will be received until a day named in the advertisements; provided, however, that nothing herein shall apply to the building of bridges, the two hundred dollars, nor to repairs of existing bridges, where the cost of said repairs shall not exceed that sum; and in all cases where such cost of building or repairing shall not exceed said sum of two hundred dollars, the manner of providing for such work, and whether the same shall be done by contract or otherwise, and if by contract, the manner of letting the same shall be in the discretion of the county commissioners. Ibid. sec. 51. 1856, ch. 308, sec. 4. 23. On the day named in such advertisement the proposals shall be opened, and the contract awarded to the lowest bidder, who in the opinion of the county commissioners shall be qualified to build or repair the bridge; and the contractor shall be required to enter into bond with approved security, in double the amount of the contract, condi¬ tioned for its faithful performance. Ibid. sec. 52. 1856, ch. 308, sec. 5. 24. When a contractor shall notify the county commissioners that the bridge is finished, they shall inspect the work, and if in their judgment it has been constructed according to the contract and specification, they shall take the same from the hands of the contractor and open it for public travel, and then, and not before, the contractor shall be entitled to receive the last instalment due thereon. Ibid. sec. 53. 1856, ch. 308, sec. 6. 25. If, upon petition in writing of any citizen or citizens of any county, to the county commissioners, praying for a bridge to be built or repaired, over any stream or place dividing two adjoining counties, the said county commissioners shall deem the prayer of the' petition reasonable, they shall, by message in writing, ask the concurrence of the last-named county commissioners, the county commissioners of each county shall appoint three disinterested and discreet examiners, and each shall notify the other of such appointment. County Commissioners of Prince George’s County v. Commissioners of Laurel, 51 Md. 463. Ibid. sec. 54. 1856, ch. 308, sec. 6. 26. The said examiners shall, with all convenient dispatch, meet and examine, and determine as to the expediency of building or repairing the bridge, the place where, the plan, material and the relative portion of the cost of the adjoining counties should pay, and estimate the whole cost, and report their opinion and all other proceedings to their respective county commissioners. Ibid. sec. 55. 1856, ch. 308, sec. 6. 27. If the said report be approved, and a bridge be reported as proper and expedient to be built or repaired, the said several county commissioners shall direct the examiners to advertise for sealed proposals to build or repair such bridge as in their report may be mentioned, stating the place, plan, material and workmanship, with sufficient cer¬ tainty for the purpose of obtaining proper proposals for the same, and the time and place when such proposals will be opened. MARYLAND GEOLOGICAL SURVEY 5 (1860), art. 28, sec. 56. 1856, ch. 308, sec. 6. 28. At the time and place named in such notice, the examiners shall meet and open such proposals, and shall award the work to the lowest bidder, all things being con¬ sidered, who shall thereupon enter into a contract with said examiners, and give bond with security by them approved, in a penalty double the amount of the price of the work, for the faithful performance of said work. Ibid. sec. 57. 1856, ch. 308, sec. 6. 29. The examiners, during the progress of the work and up to its completion, shall at any time have full authority to examine and direct the same, and when completed shall receive the same and open it for public use, and notify the commissioners of their respective counties thereof; and the said commissioners shall thereupon pay or levy for their respective proportions of the cost of the said work according to the contract. Ibid. sec. 58. 1856, ch. 308, sec. 7. 30. If the examiners on the part of adjoining counties cannot agree as to the relative amount each county shall pay of the cost and expense of building or repairing any bridge, they, or a majority of them on the part of each county, shall each appoint an arbitrator to determine the matter in dispute; and if the arbitrators cannot agree, they shall appoint an umpire, who shall not be a resident of either county, and the award and determination of the arbitrators or umpire shall be final and conclusive in the matter submitted. Ibid sec. 59. 1856, ch. 308, sec. 8. 31. Nothing contained in this article shall authorize any county commissioners to build, or order to be built, any draw-bridge or any bridge across a navigable river. Ibid. sec. 60. 1856, ch. 308, sec. 9. 32. In all cases, upon representation in writing of any citizen or citizens of any county in which the county commissioners may determine to build or repair any bridge, or unite with an adjoining county to build or repair any bridge between the said adjoin¬ ing counties, filed before a contract for building or repairing has been made, that the said determination of the county commissioners is inexpedient, and desiring an appeal from such determination, the county commissioners shall grant such appeal and cease all further proceedings until the appeal is decided by the circuit court for the county. Ibid. sec. 61. 1856, ch. 308, sec. 9. 33. Upon such appeal being taken, the county commissioners shall immediately cause to be filed with the clerk of the circuit court all records, acts, papers and pro¬ ceedings, or copies thereof, which may be required by the appellant, with full oppor¬ tunity for him or his counsel to examine the books and papers of the commissioners relative to the matter; and thereupon the circuit court shall proceed to try and deter¬ mine the matter according to justice and right, with or without the aid of a jury, as the parties may agree or the court may order. Ibid. sec. 62. 1856, ch. 308, sec. 9. 34. In all cases where the appeal is not sustained the appellant shall pay the costs, and in all other cases the court shall direct the costs to be paid in such manner and by such party as it may deem equitable and just; and the county commissioners shall be the appellee in such appeal, and shall levy as part of the county charges, and pay whatever costs and charges are so ordered to be paid by them, and all incidental expenses not therein provided for. 1890, ch. 483. [1.] The county commissioners of Queen Anne’s county, and the county commis¬ sioners of Kent county, a majority of each board of said commissioners concurring, shall have full power and authority to make reasonable rules and regulations for the use, by the public, of all bridges which are the joint property of the said counties of Kent and Queen Anne’s, and for the protection of said bridges and other prop- Bridges over navigable waters. Opening of bridge. Appointment of arbitrators. Navigable waters. Protest against bridge. Record ajjd trial of appeal. Costs of appeal, by whom paid. To make rules. 6 THE ROAD-LAWS OF MARYLAND erty belonging thereto or therewith, and to enforce the observance of said rules and regulations thus made, by imposing upon the party violating said rules and regulations, any reasonable fine, not exceeding ten dollars for any violation of said rules and regu¬ lations, which fines shall be collected as small debts are now collected, and shall be recovered in the name of the county commissioners of said counties before any justice of the peace of said counties in which the party violating such rules and regulations Fines, shall be fined, and on failure or refusal to pay any fine imposed under this law, or inability to collect the same by legal process, the party so fined may be confined to the county jail of the county for a period not exceeding ten days, in the same manner as commitments are made for fines imposed by the circuit courts of this State on convic¬ tions for misdemeanors, and the justices of the peace shall make this a part of his judgment, and said fines shall be applied to the keeping of said bridges in repair. PUBLIC ROADS. (1860), art. 28, sec. 12. 1853, ch. 220, sec. 2. Application. 33 . ^11 applications for opening, altering or closing roads, shall be by petition to the county commissioners. Ibid. sec. 13. 1853, ch. 220, sec. 2. Notice to change 84. Whenever any citizen of any county intends to petition the county commis¬ sioners for opening, altering or closing any road, he shall give thirty days’ notice thereof in one or more of the newspapers published in the county; and if no news¬ paper 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. Ibid. sec. 14. 1853, ch. 220, sec. 2. Counter petitions. 85. Counter petitions may be presented to the county commissioners, 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. Ibid. sec. 15. 1853, ch. 220, sec. 3. 1884, ch. 364. Right of way. 86. 1 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 necessary for said read, if he, she or they be com¬ petent 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 land 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 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 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, 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 commissioners of any county are authorized, when the county roads 1 Sections 86-90 do not apply to Frederick county; they are replaced by Public Local Laws, art. XI, sections 95 A-95 F. MARYLAND GEOLOGICAL SURVEY 7 cannot be conveniently drained by drains along the said county roads, to make the Drainage, same upon the property outside the limits thereof; and they shall contract for the lands that may be required for that purpose, as above provided, or they may proceed to condemn the lands that may be necessary for the purpose under the provisions of sections 248 to 253, both inclusive, article 23, Title, Corporations. (1860), art. 28, sec. 16. 1853, ch. 220, sec. 4. 87. The said examiners, before they proceed to act as such, shall take an oath Examiners’ oath, to execute the trust reposed in them by the commission to them issued, faithfully and without favor, affection or partiality; which oath shall be endorsed on the commission and returned therewith. Ibid. sec. 17. 1853, ch. 220, sec. 3. 88. They, or the majority of them, after giving thirty days’ notice in the manner Meeting of the hereinbefore prescribed, shall meet on the premises and proceed to examine and examiners, determine whether the public convenience requires that the road should be opened, altered or closed, as the case may be. Ibid. sec. 18. 1853, ch. 220, sec. 3. 89. If the application be for opening or altering a road, they shall proceed to Report of the locate the same in such manner as will, in their judgment, best promote the public examiners, convenience, and shall cause a plot of the same, and also of the old road, where the application is to alter or close 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, with the reasons on which their opinions are founded. Ibid. sec. 19. 1853, ch. 220, sec. 3. 90. If they shall be of opinion that the road ought not to be opened, altered or Adverse report, shut up, they shall report their opinion to the county commissioners, together with the reasons on which it is founded. Ibid. sec. 20. 1853, ch. 220, sec. 5. 1874, ch. 423. 1876, ch. 184. 1878, ch. 286. 91. No public road shall be opened or altered so as to pass through the buildings, Roads, through gardens, yards, or burial grounds of any person, without the consent of the owner gardens, etc. thereof in writing. This section not to apply to Baltimore county and Washington county. Ibid. sec. 21. 1853, ch. 220, sec. 11. 92. All roads opened under the provisions of this article shall be at least thirty Width of roads, feet wide, and when opened and sufficiently cleared, shall be public roads. 1 Ibid. sec. 22. 1853, ch. 220, sec. 7. 93. The examiners, or a majority of them, shall value and ascertain the damages Award of damages, that may be sustained by each person through whose lands the road may pass, if the application shall be for opening or altering a road, by opening or altering the same, taking into consideration the advantages and disadvantages of the same, if any; and they shall make such ascertainment a part of their return to the county commis¬ sioners, and the same, with the rest of their proceedings shall be subject to the ratification, rejection or alteration of the county commissioners, in such manner as in their judgment shall be just. Ibid. sec. 23. 1853, ch. 220, sec. 8. 94. The county commissioners shall determine whether the damages adjudged Payment of by the examiners shall be paid by the persons petitioning for the road or levied on damages, by whom the county, or may direct that the same be paid by the petitioners and the county, ma e ' in such proportion as they may deem just. 1 Talbot county is excepted from the provisions of this act by an amendment passed 1S90, chap. 482. This is given under Talbot county. 8 THE ROAD-LAWS OF MARYLAND To whom any damages should be paid. Petitioners some¬ times liable for the damages. Commissioners’ judgment on the examiners’ report. Compensation of examiners. Levy for altering or opening roads. Privilege of road connection. Examiners. Width of roads. (1860), art. 28, sec. 24. 1853, ch. 220, sec. 9. 95. The damages shall in all cases be paid to the respective parties or their guardians, agents or attorneys, before the road shall be opened; and in case of the death of any of the parties concerned, after the valuation made by the examiners, or a majority of them, the damages finally adjudged to him or them shall be paid to his or their personal representatives. Ibid. sec. 25. 1853, ch. 220, sec. 9. 1880, ch. 477. 96. The signing of any petition presented to the county commissioners for opening, altering or closing a public road, shall not make any petitioner liable for the payment of any part of the damages adjudged by the county commissioners; but the county commissioners may, in their discretion, give judgment against the petitioners for the costs incurred by any person defending against the claim of the petitioners, when the case shall be decided in favor of such defendant; and the petitioners, as aforesaid, shall at all times be held responsible for and shall pay to the several persons entitled to receive the same, all costs and expenses of every kind incurred by and through any proceedings held and taken in accordance with the provisions of this article, in relation to public roads, whenever the county commissioners shall refuse to order the opening, altering or closing of the road as petitioned for. Ibid. sec. 26. 1853, ch. 220, sec. 6. 97. If no objection be made to the return of the examiners at the meeting of the county commissioners next succeeding the meeting at which said return shall be made, the county commissioners may proceed to pass judgment thereon, and affirm or reject the same, or order it to be amended, in their discretion, or may continue over the proceedings to their next meeting, and so on from time to time, so long as they may think proper. Ibid. sec. 27. 1853, ch. 220, sec. 12. 98. The examiners shall be entitled to a compensation for their services and attendance not exceeding two dollars a day, to be ascertained by the county com¬ missioners, which, with all charges arising from the survey or attendance of witnesses or other expenses, shall, in the discretion of the county commissioners, be paid by the petitioners, or levied, collected and paid by the county, or apportioned between the petitioners and the county, as heretofore directed. Ibid. sec. 28. 1853, ch. 220, sec. 10. 99. In all cases where the county commissioners shall adjudge that a road be opened or altered, they shall, at the usual time for levying taxes, levy on the assessable property of the county a sum sufficient to open or alter said road, and also sufficient to pay the damages awarded, if it shall have been adjudged that the damages be paid by the county, or such proportion of the said sums as shall have been adjudged to be paid by the county; and it shall be the duty of the county commissioners to open or alter the road as soon as it can conveniently be done. PRIVATE ROADS. ((I860), art. 28, sec. 29. 1834, ch. 253, sec. 1. 100. Any owner of any lands in this State has the right to a road and way to and from his land to places of public worship and mills, market towns, public ferries and court-houses, and may obtain a private road or way by application to the county commissioners. Ibid. sec. 30. 1834, ch. 253, sec. 1. 101. The county commissioners, on application of any person for a private road, shall appoint three discreet and sensible persons of the county, not related to either of the parties, who shall act as commissioners to lay out such private road, not exceeding sixteen feet, clear of ditches, in breadth, and shall direct the said commis- MARYLAND GEOLOGICAL SURVEY 9 sioners to lay out the same, taking into consideration the convenience of the party petitioning for' such pi'ivate road, as well as the convenience and interest of the persons through whose lands said road may be located; and the said commissioners shall assess the damages to be paid to the owners of the lands through which the said road may pass. (1860), art. 28, sec. 31. 1834, ch. 253, sec. 1. 102. If any person, through whose lands such road may pass, or if the person Course may be applying therefor, shall object to its running in the manner returned by the commis- determined by sioners, the said county commissioners may make such order as to the course of commissloners - said road as they may think proper. Ibid. sec. 32. 1834, ch. 253, sec. 1. 103. After any road shall be surveyed and laid out under the two preceding Record of appli- sections, the county commissioners shall direct the application for such road, and the cation for road, return thereof, to be recorded. Ibid. sec. 33. 1834, ch. 253, sec. 1. 104. After the damages assessed, and the costs of laying out such a road shall Persons liable be paid by the person applying for the same, such road shall be considered as the for damages, private way of such person, who shall keep open and repair the same at his own expense. Ibid. sec. 34. 1834, ch. 253, sec. 1. 105. No person shall stop or change, or in any manner obstruct such private injury to private road, under the penalty of ten dollars for every such offence. road. Ibid. sec. 35. 1839, ch. 18. 106. Where a person owns lands adjoining another county and desires a private Private road in road through lands in such adjoining county, he may apply to the county commis- adjoining county, sioners of the county where the lands lie, through which he desires to pass; and the said county commissioners shall act upon such application in the same manner as if the applicant owned land in such county, and had applied for a private road therefrom. Ibid. sec. 36. 1832, ch. 292, sec. 1. 107. On application to the county commissioners by the owner of any quarry or Private road for mine, for a private road thereto, the same proceedings shall be had as are prescribed quarries or mines, for granting private roads to farms; provided, the county commissioners be satisfied that the working of the stone quarry to which the road is prayed for, will not injure or endanger any dwelling-house, tavern-house or outhouse attached thereto. Ibid. sec. 37. 1832, ch. 292, sec. 1. 108. In granting a road under the preceding section, the county commissioners period of duration may prescribe a period and terms when and upon which the said road shall cease, of such a private and may be shut up; or when, for the continuance of said road, it shall be necessary roa d- to have, at the discretion of the said county commissioners, the same renewed. Ibid. sec. 38. 1836, ch. 255, sec. 1. 1866, ch. 105. 109. Any owner or owners of a mill, factory, distillery, quarry or lime kiln, Private road from situated within one mile of any railroad, may apply to the county commissioners miU to railroad, of the county to lay out and open a private road from such mill, factory, distillery, quarry or lime kilns, to the most convenient place for intersecting such railroad; and on such application the county commissioners shall proceed in the same manner and with the same powers as if such application were for a private road to a farm. Ibid. sec. 39. 1836, ch. 255, sec. 2. 110. If an applicant for a road under the preceding section shall state in his Damages for application that he intends to lay a railway on such road, the commissioners ap- private railway pointed to assess the damages which any person will sustain by opening such road, on road- 10 THE ROAD-LAWS OF MARYLAND Railway on a private road. Alteration of road. Notice for private road. Apportionment of damages. Compensation of commissioners, surveyors, etc. Gardens. Right of appeal. Consent of County Commissioners re¬ quired in writing. shall take into consideration the additional damage (if any), which would be caused by the construction of such railroad; and shall determine the places at which crossings shall be made over such railroad, for the convenience of the owners of the land on either side of such private road, and shall specify the same in their return to the county commissioners. (1860), art. 28, sec. 40. 1836, ch. 255, sec. 3. 111. Any person who has obtained a private road under the two preceding sections, may lay a railway thereon, and may, with the consent of the owners of any railroad, connect the same therewith; provided, that the damages assessed as aforesaid be paid to the parties thereto, and that the crossings required to be made in the preceding section, be made within thirty days after laying said railway. Ibid. sec. 41. 1836, ch. 255, sec. 4. 112. On the application of the owners of any quarry over or through which any private railroad may pass, the county commissioners may have the location of said road altered, so as to avoid the interfering with the working of the quarry. Ibid. sec. 42. 1834, ch. 253, sec. 2. 113. The county commissioners shall not appoint commissioners to lay out any private road until satisfactory proof shall be produced that at least ten days’ notice of the application had been previously given to the parties through whose lands the proposed road is to be located, which notice shall describe the location to be made. Ibid. sec. 43. 1834, ch. 253, sec. 3. 114. If there shall be an estate for life or term of years, or tenancy from year to year, in the lands through which any private road may be located, the county com¬ missioners shall apportion the damages awarded to the land owners among the parties interested in the land, according to their several interests, in possession, expectancy, remainder or reversion; and the several circuit courts, on appeal, shall have a similar power of apportionment. Ibid. sec. 44. 1834, ch. 253, sec. 4. 115. The commissioners appointed to lay out a private road shall each be entitled to two dollars per diem for every day they shall be necessarily engaged in locating such road; and the said commissioners may appoint a surveyor to assist in locating the same, and may allow him such compensation for his services as they may deem proper; and the per diem to the commissioners, and the compensation of the surveyor, shall be paid by the person applying for the road. Ibid. sec. 45. 1834, ch. 253, sec. 1. 1872, ch. 223. 116. No such road shall be made through any garden or yard. Ibid. sec. 46. 1834, ch. 253, sec. 1. 117. Any person feeling himself aggrieved by the determination of the county commissioners, in granting or refusing any road, or in the amount of compensation awarded, or in any matter relating to the granting or refusing to grant any such road, may appeal, within the time prescribed by law, to the circuit court for the county in which such application shall be made, and either party may be entitled to a trial by jury; and the judgment in the case shall be final between the parties. (1888), art. 23. Corporations. COMPANIES FOR THE ERECTION OF BRIDGES. 1868, ch. 471, sec. 118. 86. If any corporation formed under the provision of this article shall desire to erect any bridge over any river, creek or stream of water in this State, or between this and another State, the said corporation shall first obtain the consent, in writing, of thf MARYLAND GEOLOGICAL SURVEY 11 county commissioners of the county in which said bridge may be proposed to be located; or if said bridge be proposed to be erected over a stream dividing two counties, then such corporation shall obtain the consent, in writing, of the county commissioners of both of said counties; and the resolution of the said county commissioners giving said consent shall be recorded amongst the proceedings of said commissioners, and also in Record, the journal or book of proceedings of said corporation. 1868, ch. 471, sec. 119. 87. The corporation may agree with the owners for the lands necessary for the Abutments and abutments of the bridge, and for roads and ways thereto, and for earth or stone re- approaches, quired in the construction of said bridge and of said ways; and the rights acquired by agreement shall be conveyed by deed, duly acknowledged and recorded. In case of failure to agree, or of disability of the owners to contract, or of their absence from the State, the corporation may obtain the lands, earth and stone by condemnation. Ibid. sec. 120. 88. When a bridge located in one county shall be completed, the president and Written notice directors of the corporation shall report in writing to the county commissioners of said of completion of county under the oath or affirmation of the president and a majority of the directors, n g q and of the treasurer of the company, the actual cost of construction of said bridge; and the county commissioners shall appoint three persons to examine the same, and report Examiners. whether it has been constructed in such a substantial and durable manner as is required to promote the public convenience, and the report shall be reviewed and ratified or rejected by the county commissioners, who may appoint other persons to report thereon, in their discretion; and if it shall be finally determined by the county commissioners that the bridge is erected in a proper manner, they may authorize the corporation to charge such rates of toll as may be sufficient to yield a net dividend of eight per Toll. centum per annum to the stockholders or members of said corporation, making due allowance always for cost of necessary repairs and reconstruction from accident or otherwise. Ibid. sec. 121. 89. The corporation shall revise the rates of toll every six months for three years Receipts and from the completion of the bridge, and shall report at each period to the county expenditures, commissioners the gross amounts of receipt and expenditure; and the rates of toll shall be so readjusted, if need be, as to yield not more than eight per centum net dividend; and at any time thereafter the corporation shall, on demand of the county commis¬ sioners, report the amounts of receipts and expenditure for any period demanded, and the tolls shall be readjusted so as to yield not more than said dividend. The rates of toll to be charged shall be specified in writing by the county commissioners. Ibid. sec. 122. 90. If the bridge be erected over a stream dividing two counties, or between this Report to State and another State, the corporation shall make the like report hereinbefore pro- comptroller, vided to be made to the county commissioners, to the comptroller of the treasury, who shall lay the same before the governor, who shall issue his warrant specifying the rates of toll to be charged so as to yield eight per centum per annum net dividend; and like reports shall be made to the comptroller every six months, and at any subsequent times as are provided in the preceding section to be made to the county commissioners; and revisions and readjustments of tolls shall be made by the governor, as are directed to be made by the county commissioners in cases of bridges located in any one county. Ibid. sec. 123. 91. The written authority or warrant of the county commissioners and of the Printed rates governor, in respective cases, shall be demanded; and said authority or warrant shall of toll. be printed and exposed to public inspection at every place where the payment of tolls may be demanded. Ibid. sec. 124. 92. No bridge shall be erected on a navigable river, unless authorized by an act of Navigable waters, the general assembly. 12 THE ROAD-LAWS OF MARYLAND Examiners. Repair of bridges. Powers and privileges. Width of stoned way. Duties of turnpike companies. Report on cost of first mile. Examination of road. 1868, ch. 471, sec. 125. 93. Before the governor shall issue his warrant authorizing the collection of tolls, he shall be satisfied, from the report of five commissioners, to be appointed by him, that the bridge has been erected and completed in a substantial and proper manner. Ibid. sec. 126. 94. When any citizen shall allege, in writing, to the circuit court for any county, that any bridge situate within or partly within said county is not kept in proper order and repair, the same proceedings may be had in court as are hereinafter provided in cases of turnpike or plank roads alleged not to be in proper order and repair. RAILROAD COMPANIES. 1880, ch. 282. 1876, ch. 242, sec. 17. 173. [This section deals with the crossing of highways, etc.] TURNPIKE, PLANK ROAD AND PASSENGER RAILWAY COMPANIES. 1868, ch. 471, sec. 107. 1882, ch. 456. 233. Corporations for making turnpikes, or plank roads, or passenger railways outside of the limits of the city of Baltimore, may be formed as hereinbefore pro¬ vided; no such passenger railway to exceed twelve miles in length; and such turn¬ pikes, plank roads, or passenger railways may be constructed on the bed of any county road or on part of the bed thereof, the consent of the county commissioners of the county in which said road may lie, having been first given in writing and recorded among the proceedings of said county commissioners, and also recorded in the book or journal of proceedings of said corporation; the location of the bed of any part of said county road may be changed by said corporation, for the purpose of a better construction of said turnpike, or plank road, or passenger railway; provided, the land to be occupied be obtained by agreement with the owners thereof, or by condemnation; at least fifteen feet in width of the bed of any turnpike road shall be covered with broken stone or gravel, or other hard or durable materials, to the depth of at least twelve inches, unless the natural bed be hard; and the bed of any plank road shall be well and securely laid and covered with plank or wood for the same width. 1882, ch. 456, sec. 2. 234. In all cases when any passenger railway company uses the roadbed or any portion thereof of any turnpike, street or road in any county in this state, it shall, at all times, keep in good and proper repair, not only the portions of said turnpike, street or road which may be embraced between the rails of its track, but also that part which shall extend for a distance of two feet on either side of said rails; and in case of refusal or neglect to comply with the provisions of this section within five days after due notice in writing shall have been given by the county commissioners of the county in which said passenger railway has its tracks, then it shall be subject to a penalty or fine of ten dollars a day for each and every day of such refusal or neglect to repair and put in order any such turnpike, street or road; said fine to be recovered by suit before any justice of the peace of said county, in the name of the county commissioners of said county. 1868, ch. 471, sec. 108. 235. When any turnpike, or plank road, or passenger railway, shall have been finished one mile in length, the president and directors shall report to the county commissioners of the county in which it may lie, under the oath of the president and a majority of the directors, and the treasurer of the corporation, the actual cost of said road, so far as finished: and thereupon the county commissioners shall appoint three citizens of the county to examine said road, and determine whether the same is constructed in such manner as will subserve the public interests for the uses to which said road is applicable, who shall report to said county commissioners in writing, and said report shall be reviewed by said county commissioners; and if they MARYLAND GEOLOGICAL SURVEY 13 shall determine that the road is properly constructed, then as to such turnpike or plank road the company shall he authorized to erect a toll-gate thereon, and to charge such Toll-gates. rates of toll as will yield eight per centum per annum net profit on said actual cost, for distribution to the stockholders; and the same proceedings shall be had as each succeeding mile shall be completed, until the said turnpike, or plank road or passenger railway, shall be finished; but when more than one mild of any turnpike or plank road shall be completed, it shall not be necessary for the corporation to erect more gates than it may deem convenient; and it shall be empowered to collect, at the gate or gates which may be erected, tolls to yield at the rate aforesaid, for the number of miles of said road or turnpike which may be finished. 1868, ch. 471, sec. 109. 236. The corporation of any such turnpike or plank road, shall revise its rates Reports to county of toll every six months for three years, from the completion of the road, and shall commissioners, report the amounts of its revenue and expenditures at any time when demanded by the county commissioners; and if the receipts shall be found at any time to amount to more than is necessary to yield eight per centum per annum, net, to the stock¬ holders, the tolls shall be reduced to that standard. In all cases, the rates of toll Rates of toll. 1 chargeable shall be specified and approved in writing by the county commissioners, and shall be, as nearly as may be, such rates as will yield the said dividend and no more; and such writing shall be recorded in the office of the county commissioners, and also in the journal or book of proceedings of the corporation, and copies thereof shall be printed and exposed to public inspection at every toll-gate; and such writing, or a copy thereof, shall be conclusive evidence of the right of the company to charge tolls and of the amounts thereof. (1898), art. 23, sec, 236 A. 1892, ch. 188. 236 A. All turnpikes or plank road companies in this state, are hereby authorized Special tolls, and empowered to charge and collect such rates of toll for traction engines, steam engines and all vehicles attached thereto, which shall be hauled or propelled upon the roads and through the' toll-gates of such companies, as shall be fixed by said companies in accordance with the provisions of the aforesaid sub-title of this article, and this act shall apply as well to all turnpike and plank road companies, incorporated under special acts of the General Assembly of Maryland, as to those incorporated under the provisions of this article. 1868, ch. 471, sec. 110. 237. If a company shall be formed to make a turnpike or plank road through Report of turn- several of the counties of the State, when the same shall be finally completed, a P ike companies, report as mentioned in section 235, shall be made to the comptroller, and by him laid before the governor, of the entire cost of said road; and the governor shall there¬ upon appoint five commissioners to examine and report to him, on the construction of said road, its adaptation to public uses, the whole cost thereof, and the revenue and expenses of maintaining the same, as far as ascertainable; and if said report shall be favorable, the governor shall issue his warrant to said corporation, authorizing it to establish toll-gates, and specifying the rates of toll which may be charged by said corporation, so that a dividend of eight per centum per annum net, may be made to the stockholders; and the warrant of the governor shall be final in the premises; and the company shall report annually to the comptroller, who shall lay the same before the governor, who may order a change of location of gates, and of the amount of tolls to be charged, and issue his warrant accordingly, whenever he may deem the same necessary to effectuate the intent of these provisions. Ibid. sec. 111. 238. When such corporation shall desire to locate its road within the limits of Roads in towns, or through any incorporated town or city, it shall obtain the consent of the corporate 1 By art. 27, sec. 121 of Code of 1888, vehicles or horses going to or returning from any funeral are exempt from tolls. 14 THE ROAD-LAWS OF MARYLAND authorities of each town or city, to be evidenced as provided in the case of county commissioners. 1868, ch. 471, sec. 112. Right of way. 239. When such corporation shall desire to locate the bed of a turnpike or plank road elsewhere than on the bed of existing county roads, it may agree with the owners of lands for the right of way, or obtain the same by condemnation. Ibid. sec. 113. Agreements. 240. Every agreement for a right of way through land shall be in writing, ac¬ knowledged before a justice of the peace, and recorded by the corporation amongst the records of the county or city in which the lands lie, within six months after its date. Ibid. sec. 114. Plat of turnpike. 241. Before any turnpike or plank road shall be constructed, the corporation shall cause a plat of the same, describing the termini and the proposed location, to be made and recorded in the clerk’s office of the county in which the same may be located, and in the clerk’s office of every city and county, into or through which the same may be proposed to pass, in case the road to be constructed by said corporation is to pass to or through more than one county. (1898), art. 23, sec. 242. 1894, ch. 607. Road to be kept 242. It shall be the duty of all companies which may have been or may hereafter in repair, be incorporated under any law or laws of this state, to make any turnpike, plank or other toll road or roads, to keep and maintain the same in such good order and repair and of such width as required by the terms of the law under or by which incorporated; and if any such company shall fail to keep its roads in such good order and repair, or of the width required by the terms of its charter, or of the provisions of this article, Petition against if incorporated hereunder, for a space of fifteen days, any person or persons may file company. a petition in the Circuit Court for the County and the Superior Court of Baltimore City, in which the part of such road not in good condition and repair, or not of the width or of the material required by its charter, or by the laws by which it has been incorporated, lies, alleging the failure of such company to keep its road-bed in good order and repair or of such required width; whereupon any judge of the court in which Summoning of such petition may be filed, may and shall pass an order directing the sheriff to summon jury. a j ur y 0 f s i x persons, who shall be freeholders, or to the clerk’s office of the Superior Court of Baltimore City, not interested in such roads, unless it be as users thereof, to meet on the part or parts of the road mentioned in such petition; and the said Duty of jurors, jurors being first sworn by such sheriff, true inquiry to make as to the condition of the road complained of, shall view the part or parts of the road complained of, and determine upon such view and the evidence of such witnesses as may be produced by the petitioners of the company as to the condition of such road, and the time such condition may have continued; and an inquisition in writing shall be signed and sealed by such jurors, and returned by the sheriff to the clerk’s office of the Circuit Court for the county or to the clerk’s office of the Superior Court of Baltimore City; and if said inquisition shall find that said road is not in good order and repair, or not of the width required by its charter, any judge of said court may, within ten days Penalty of after the return thereof, confirm the same, and order that tolls shall not be charged company, by such company at the gates next on either side of the place or places in said road shall be put in good order and repair and properly widened; and until further order of such court, the petitioners or the company may, before the confirmation of such inqui¬ sitions, demand a trial by a jury in court, whether said road is in good order and repair or of the proper width, or may move to quash the proceedings for matter of law, and the court may adjudge, on the finding of the jury or otherwise, as may be just, in accordance with the principles of law, and may give judgment for costs against the county or city, or against the corporation, or against both, in its discretion; provided, however, that confirmation of the inquisition shall not be delayed more than Jury trial, fifteen days by the filing of any motion to quash or for a jury trial by the corporation, unless such corporation shall give a bond, to be approved by the court, conditioned for the refunding of all tolls collected after the expiration of ten days from the return of the inquisition, if the same be affirmed after such motion or trial by jury. MARYLAND GEOLOGICAL SURVEY 15 (1898), art. 23, sec. 116. 243. If the inquisition shall be finally confirmed, and the said road shall not be put in good order and repair within thirty days thereafter, the said court may order that the right of the corporation to charge tolls on any part of said road within the limits of said county be forfeited, until it shall be made to appear to said court by said corporation that the whole of said road within said county has been put in good order and repair, when said order of forfeiture may be rescinded by the said court. Ibid. sec. 117. 244. If within six months after the date of an order of the court forfeiting the right of the corporation to charge tolls, the said road shall not have been put in good order and repair within the limits of the county in which said order may have been passed, the said road within said county shall be forfeited by the corporation, and shall vest in the county commissioners, who may cause the same to he put and kept in good order and repair, and collect tolls sufficient for that purpose, or may transfer the same to another corporation, in their discretion; in which case the new corporation shall have the same rights and franchises, and he subject to the same conditions and forfeitures, with the original corporation constructing said road. (1898), art. 27, sec. 118 F. 1890, ch. 442. [245.] If any person or persons shall, with intent to defraud any turnpike or other company, authorized by law to receive tolls for the use of its roads, pass through any private gate or bars, or along any grounds near said road, to avoid any toll-gate and escape payment of tolls, or shall practice any fraudulent means to lessen and avoid the payment of any just tolls, or shall refuse to pay tolls he is bound by law to pay, each and every such person shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one, nor more than twenty- five dollars, and upon failure to pay said fine, shall be imprisoned not more than five days; provided, however, that nothing herein contained shall prohibit persons from passing upon any turnpike or toll-road, from one point to another between the gates upon said pike or road, nor shall prohibit persons owning lands adjacent to any toll-gate, from using or crossing the same for their own private purpose. HIGHWAY INVESTIGATION. 1898, ch. 454. [1.] The Commission established by the Act of the General Assembly at the session of 1896, chapter 51, is hereby authorized to make provision for the investigation of the question of road-construction in Maryland. [2.] The said Commission is hereby authorized to appoint, under the direction of the Superintendent of the Survey, such assistants and other employees, as they shall deem necessary, and the said Commission shall also determine the compensation of all persons employed, and may remove them at pleasure. [3.] The said Commission shall see that proper investigation is made of the condi¬ tion of the roads in this State, and of the best means of improving the same, together with a study of the classification and distribution of the road-building materials in the several counties. [4.] The said Commission shall see that a report upon the state of the roads and the best method of improving, constructing and maintaining the same, with estimates of costs, expenses and plans, be submitted at the next session of the Legislature, and that special reports be prepared at such time as they are deemed necessary. [5.] The said Commission shall see that record is kept of all its proceedings, and of all moneys received and spent under its direction and for what purposes; which record and account shall be submitted to the said Commission at the semi-annual meetings of the same to take place in March and November, such records and accounts to be always open to the inspection of any committee which the Legislature may appoint. [6.] All moneys paid out on account of this work shall be paid by the State Treas¬ urer upon the order of the Executive Officer of the Commission endorsed by the Comptroller. Further penalty for bad condition. Forfeiture of road. Evasion of tolls. Highway investi¬ gation by Geolog¬ ical Survey. Assistants and employees. Nature of investigation. Report. Record. Payment. 16 THE ROAD-LAWS OF MARYLAND Appropriation. County commissioners. Sign-boards. General super¬ visor of roads. Compensation and bond. Road supervisors. Duties. Removal. [7.] The sum of ten thousand dollars' annually, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the purpose of carrying out the provisions of this Act. Public Local Laws. (1888). Art. 1. ALLEGANY COUNTY. (1860), art. 1, sec. 19. 33. They shall direct the supervisors of roads to erect and keep up at the expense of the county, at all public cross-roads, and where public roads fork, indexes or finger-boards, pointing to the nearest town, mill or other public place to which said road leads, with the names of the places and the distance thereto, legibly inscribed thereon; and the supervisors shall render an account of the expenses thereof to the county commissioners, to be levied as other county charges. 1880, ch. 286. 211. The county commissioners are authorized and empowered, in the month of April, in every second year, accounting from the year eighteen hundred and eighty, to appoint one person, a resident of said county and qualified voter therein, to be known as general supervisor of roads, whose duty it shall be to take charge of the public roads and bridges of said county, and superintend the building and repairs of all such public roads and bridges, subject to the control and supervision of said commissioners in all respects; and said commissioners shall have full power to make rules and regulations fixing and determining the duties of said supervisor and the manner of performing the same; and said supervisor shall hold office for the term of two years from the date of his appointment, and until his successor is appointed and qualified, subject to be removed by a vote of a majority of said commissioners at any time, in which case they shall immediately elect a successor to said supervisor to perform the duties of said office for the unexpired term of the one so removed. Ibid. 212. Said commissioners shall have power to fix the compensation of said super¬ visor, and to require from him a bond conditioned for the faithful performance of his duties, in such penalty as they may deem proper; provided that he shall be paid only for such time as he shall be actually engaged in the performance of his duties, and that his compensation shall not in any one year exceed five hundred dollars. Ibid. 213. Said commissioners shall annually, in the month of January in each year, appoint such number of supervisors of roads as they may deem necessary, and shall designate the road or roads, or parts of roads, to be under the supervision of said supervisors respectively, and shall apportion the levy for road purposes among said supervisors, and determine, when necessary, the amount thereof to be expended on each of said roads. Ibid. 214. Said road supervisors shall give bond tor the faithful performance of their duties as such, in penalties to be fixed by the county commissioners, and they shall be subject to such rules and regulations as the county commissioners shall prescribe in regard to their duties, and the manner of performing the same. Ibid. 215. The county commissioners, by a vote of a majority thereof, shall have power to revoke the appointment and commission of any road supervisor and appoint any person to fill his place for the unexpired portion of his term, and in such case may order the payment by him to his successor, of any unexpended balance in his hands; and upon his failure to pay the same, his bond may be sued in the name of the state, for the use of such successor, for the • recovery thereof. MARYLAND GEOLOGICAL SURVEY 17 1880, ch. 286. 216. The bonds of said general road supervisor, and of all said other supervisors. Bond, shall be taken in the name of the State of Maryland, and shall be conditioned to well and faithfully perform their several duties as such supervisors, and to expend or ac¬ count for, according to law, all sums of money which may be placed in their hands for road or bridge purposes; and suit may be brought thereon, in the name of the State, for the use of the said county commissioners, to recover damages for any loss which the said county may sustain by reason of the failure of said supervisor or supervisors to perform his or their duties. Ibid. 217. The provisions of the six preceding sections relating to roads shall embrace Scope of law. the whole road system of Allegany county, including the road mentioned in chapter 291 of the acts of 1878, known as the legislative road, and the portion lying in Allegany county of the road mentioned in chapter 158 ofx the acts 1878, known as the national turnpike, and all other public roads in said county. (1888), Art. II. ANNE ARUNDEL COUNTY. 1898, ch. 531. 191. The county commissioners of Anne Arundel county shall at their first regular Appoint two meeting in April, 1898, or as soon thereafter as possible, and biennially thereafter, ap- persons as road point two persons, residing in different precincts, in each of the respective districts of commissloners * Anne Arundel county, one from each of the two political parties having cast the largest number of votes at the last preceding general election in said county, as Road Com¬ missioners for the respective election districts of said county. The persons so appointed shall always be selected with special reference to their fitness and knowledge, to manage the matter of the construction, improvement, repair and maintenance of the public roads. Within five days after such appointment the clerk of the County Com¬ missioners shall notify in writing the two persons so appointed in each of the several election districts of their appointment, and within five days after receiving such notice the two persons so named in each of the several election districts shall meet and shall name and appoint a third person, and the three shall constitute and form the “ Board of Road Commissioners ” of such election district. Ibid. 192. Each such road commissioner shall take and subscribe before an officer author- Oath to be taken, ized to administer oaths, the oath required by section six of article one of the constitu¬ tion of the state, a form whereof shall accompany his notice of appointment, and he shall return the same, together with the name of the third member of the board of road commissioners so selected by the two appointed members, with his oath of office subscribed. Said oaths shall be preserved and recorded by the clerk of the county commissioners among the records of his office. Ibid. 193. Whenever either by failure to qualify within five days after receipt of notice of Vacancies, appointment, or from any cause, a vacancy shall occur among such road commissioners, how filled, a successor shall be appointed in the same manner as provided in section 191 and as originally made, to fill out the unexpired term so vacated; but in the case of any person appointed by the county commissioners to fill out an unexpired term, the person so appointed shall be of the same political party as the former or retiring member. Ibid. 194. The several district boards of road commissioners shall in their respective Adopt rules and election districts adopt such general rules and regulations for calling and holding meet- regulations, i.ngs for the transaction of business and for other purposes as they shall deem best; and shall appoint one of their number as chairman, to hold during the pleasure of the board, and shall also designate one of their number to act as clerk, whose duty it shall 2 18 THE ROAD-LAWS OF MARYLAND be to keep full and accurate record of the proceedings of the board, and to perform such other duties as may be required of him by the board. 1898, ch. 531. Salary. 195. The said road commissioners shall each receive an annual salary of fifty dollars, except the chairmen, who shall each receive an annual salary of one hundred dollars, payable by the said county commissioners, and shall hold office respectively for a term of two years, or until their successors respectively are appointed or selected and qualified. Ibid. Road districts. I 96 - Each of the several boards of district road commissioners hereafter to be appointed shall have power and it shall be their duty to divide their respective election districts, (not less than ten in each), properly lettered, (as Road District A, Road Dis¬ trict B, etc.), of as compact form, size and location as practicable, and then such and every road district shall be again sub-divided in sections, properly numbered, also as compact and of as convenient location as practicable; no section shall contain more than ten nor less than three miles of record roads; all such divisions and sub-divisions shall not only be distinctly and clearly marked and located on the maps herein provided for by definite boundaries, but an accurately written description shall be made of each road, duly designated by some proper or apt name, giving the beginning and termi¬ nation of the boundaries of each road district and each section, the approximate number of miles in each, length of each road as classified, and such other general description as may be useful and deemed necessary; a copy when made shall be filed with the board of county commissioners. Ibid. Classification of 197. The several boards of district road commissioners hereafter appointed shall public roads, also proceed to classify all public roads in their respective districts; such classification shall be made as follows: All principal roads or public highways leading to or from any city or town, or principal stations or landings, or such part or portion of such roads as may be by them determined, shall be designated and classed as “ County High Roads, ” with, as far as possible, a distinctive name to each; such other main roads, likewise leading to and from any city, town, public station or landing, or such part thereof as may be by them determined, shall be called “ First Class Roads; ” and those not frequently used, ordinary roads of travel or cross roads, shall be called “ Second Class Roads; ” such classified roads, and the distances as classed on each, when first made and returned, may be changed and altered from time to time as may be determined, and as public necessity and usage may require. Ibid. Maps. 198. Each of the several district boards of road commissioners shall adopt a map already made, (such as is now issued by the U. S. Geological Survey), on which map all the public roads and highways of the county shall be so classified, marked and laid down, and further shall cause to be marked the roads or parts of roads, duly desig¬ nated by name as far as possible, boundaries of all road districts properly lettered, all sections properly numbered and located; such road classification shall be clearly shown as follows: All “County High Roads,” by black lines; “First Class Roads,” by broken or dotted black lines; “ Second Class, ” by red lines; and such changes as shall be made from time to time in any* of the sub-divisions or classifications shall be imme¬ diately changed and altered on said maps. When the several maps, divisions, classifi¬ cations and reports shall have been finally adopted, a copy of each shall be made and filed in the office of the board of county commissioners, and the same shall be at all reasonable times open to inspection. Ibid. Complete record. 199. The clerk of the board of county commissioners shall make, keep or bind in a suitable book or other receptacle, to be provided for that purpose at the expense of the county a complete record, systematically filed and indexed, of every such road in the county, classified under the provisions of the preceding chapter. MARYLAND GEOLOGICAL SURVEY - 19 1898, ch. 531. 200. The chairmen of the several district boards of road commissioners shall hold Monthly meetings, at least one meeting in each month, representing their respective district boards, and constituting a “ County Board of Road Commissioners,” and they shall be entitled to hold their meetings in the county commissioners’ rooms, and it is hereby made the duty of the clerk of the county commissioners to furnish the said county board of road commissioners and the several district boards of road commissioners such stationery and postage stamps as they may need in the discharge of their duties at the expense of the county; and. the messenger of the county commissioners shall act as messenger to said board of road commissioners, and shall receive as compensation there¬ for the sum of two dollars and fifty cents each day during which he is actually employed in attendance upon said road commissioners. Ibid. 201. The county commissioners of Anne Arundel county shall keep a separate ac- Separate accounts, count of all expenses incurred for opening, constructing or repairing the public roads in each election district thereof; and they shall provide for the payment of said road ex¬ penses by levying upon the assessable property in each election district of said county a tax sufficient to pay the said expenses incurred as aforesaid for the opening, construc¬ tion and repair of the public roads in the respective election districts of said county; and they shall not levy any road tax upon the assessable property in any election district of said county, except to pay for the opening, construction and repair of the public roads of said county in such election district; provided, however, that when¬ ever any public road forms the divisional line between two or more election districts, the expenses incurred for opening, constructing or repairing the same shall be assessed against each of said districts respectively, in proportion to the expenses and cost of said road opened, constructed or repaired in each of said districts re¬ spectively; and provided that the amount of taxes so to be levied and collected by the county on the property within each election district, and thus applied to the improvement of the roads in any one year, shall not be less than ten cents on the one hundred dollars nor more than one per cent of the total assessed valuation of the property within such election district. Ibid. 202. The county commissioners shall have power and it shall be their duty to Repairs and provide for the repair and construction of public roads and bridges in said county construction of iDublic roads ptc in event of an emergency, and the purchase of improved machinery; and to that F ’ end shall levy upon the assessable property of said county a general road tax in addition to the road tax in the several election districts and pay for such extra¬ ordinary expenditures from out of such general road fund; provided the expenditures for such repairs, construction, machinery and bridges shall not exceed the sum of seven thousand dollars per year; and provided further, that all such work must be done and let by contract, made by and with the said board of county commissioners, upon and under the same terms and conditions -as contracts made with the county board of road commissioners, as provided in sections 203 D and 203 F. Ibid. 203. The board of county commissioners are hereby required to buy, purchase and Road-machines, supply to any of the several district boards of road commissioners, when so requested by tools > etc. any such board, for the purpose of being used on the public roads, such machines (being at least one improved road machine in each election district), tools, implements and appliances as may be required and deemed necessary to work such county roads eco¬ nomically and expeditiously; and each such district board of road commissioners shall be responsible for the safe keeping and preservation of such machines and such tools and implements, and it shall be unlawful to hire out or suffer any one to use the same unless under proper contract and in charge of competent persons; the several district boards of road commissioners shall take charge of all road tools in their respective districts, and may require contractors to give bond for the care of such tools furnished them; and the district boards of road commissioners may also 20 THE ROAD-LAWS OF MARYLAND sue any person for the loss of such tools or for the conversion of the same, or injury thereto; all costs or repairs shall be paid for by such person or persons using such machinery, unless otherwise ordered by the several boai*ds of district road commis¬ sioners, then such cost of repairs shall be paid by the commissioners. The several boards of distinct road commissionei-s having secured such machinery, shall designate how and where such machinei-y can and must be used; all of such machinery when no longer needed by any contractor or other person using and having the same, shall be delivered to the distinct board of road commissioners, taking therefor a proper receipt, which shall state the condition such machinery is in when so received. 1898, ch. 531. Improvements. 203 A. Whenever there shall be presented to the board of road commissioners of any district a petition signed by the owners of at least one-third of the lands and real estate fronting or bordering on any public road or section of road in such county, praying the board to cause such road or section to be permanently improved, and setting forth what is needed and required, the board may cause such improvements to be made, with the assent and approval of the county commissioners first had; provided, that the estimated cost of all permanent improvements made under this Act in any one year shall not be more than one-half of road tax in such district for the last preceding year; said petitions shall be presented at a meeting of the board of county commissioners, and thereupon such board shall direct such investigation as may be necessary to inform them as to the utility and probable cost of the proposed improvement, and may for that purpose order a preliminary, survey, and shall determine what highways or parts of highways designated in such petition shall be so improved, and shall estimate the probable amount of money that will be required to complete such improvement, and how much can be reasonably provided therefor. It shall be necessary for the board in such case to declare by resolution * their intention to cause such improvement to be made, and they shall cause all necessary surveys of such road or section to be made, and specifications for a macadam, telford or other equally good permanent road, as determined to be improved, to be prepared, and shall then proceed in the same manner as provided and required in section 203F. Ibid. Fund available for 203 B. At +heir regular November and April sessions in each year the county board improvement^ of roa( l commissioners shall ascertain what amount of said fund is or shall be available for expenditure during the ensuing season in permanent improvements ordered in their respective districts, and shall apportion such available fund, as nearly as may be, to the several highways upon which improvements have been ordered; but no part thereof shall be set apart for the benefit of any highway on which the work of permanent improvement has not been commenced until sufficient provision shall have been made for the completion of the work upon highways already begun. The said board of county commissioners may provide for the payment of the cost of such permanent improvement by apportioning the cost thereof among the several dis¬ tricts in proportion as in their judgment and discretion the one or more districts are benefited by such permanent improvements. Ibid. Engineer or 203 C. The county board of road commissioners may employ a competent engineer surveyor. 0 r surveyor, at the same compensation allowed the county surveyor, to survey the county roads, or any part thereof, when such work is necessary; and to prepare specifications for culverts or other improvements intended to be made in pursuance of this Act, and to supervise the work and materials used. Ibid. Quarterly 203 D. It shall be the duty of each of the several district boards of road corn- inspections. missioners, or some member thereof, to inspect and investigate, at least quarterly each year, the condition of the roads in their respective districts, and the repairs or improvements necessary or desirable, and make a full report thereof to the board of county road commissioners, and they shall cause an estimate to be made, to accompany said reports, of the probable expense of such repairs and improvements; MARYLAND GEOLOGICAL SURVEY 21 one of said .reports shall be made on or before the first day of May and another on or before the first day of November, in each and every year. They shall carefully inspect each section of “ High Roads ” and roads of the first and second class, so as to ascertain what will be a fair compensation for the working of the same, all of which shall be reported to the said board of county road commissioners through their respective representatives thereon; and upon the recommendation of such board, if approved and with the consent of the county commissioners, all work upon the county roads which shall have thus been determined upon shall be given out by contract, and the board of county road commissioners shall advertise for proposals to do said work, which advertisement shall be published at the expense of the county in the newspapers doing the county printing; the contract shall be awarded by the board of county road commissioners, to the lowest responsible bidder, and the road commissioners, by whom said contracts are awarded, shall immediately report the same and all their proceedings in reference thereto to the county commissioners. 1898, ch. 531. 203 E. The district boards of road commissioners shall, in addition to having the supervision of all public roads of their respective districts, be the custodians of all the tools and machinery used for road purposes; shall make report when required by the county commissioners, giving the condition of the road, the work needed to be done, the machinery, implements and tools owned by the county, the condition of the same and how distributed, the tools and machinery that may be needed, and shall perform such other duties as may from time to time be deemed expedient by the county commissioners. Ibid. 203 F. No contract for any permanent road improvement work shall be awarded, or be valid for any purpose if awarded, unless a notice specifying the work and materials, and inviting bids or propositions to do or furnish the same, shall have been pub¬ lished by the county commissioners at the request of the board of county road com¬ missioners for at least three weeks in some paper published and circulating in the county; every contract made for permanently improving any county road or part thereof shall be let to the lowest responsible bidder for the road section, bridge or other work, as the case may be, and shall be based upon carefully prepared specifi¬ cations of the work and materials required, class, and how worked, to which reference shall be expressly made in the contract, and no money shall be paid for any work done or material furnished unless it shall have been done or furnished in strict conformity to the terms of the contract and specifications. No contract shall be awarded for any road contract of any sort or description, or be valid for any pur¬ pose, if awarded, unless the person or party whose bid or proposition is accepted shall at the time of signing the contract execute and deliver a bond to the county in a penalty of not less than twice the contract price, with not less than three resident freeholders of the county as sureties, conditioned for the faithful performance of his contract, to put, or to put and keep, as the case may be, all public roads in his section or district in good condition and repair, to do all work, labor and furnish material in accordance with the terms, and to pay all damages that may accrue to any one by reason of such roads not being put, or put and kept, as the case may be, in good condition; or to execute his contract of construction, as the case may be. The board of county road commissioners shall present such contracts and bonds to the county commissioners at any called or regular meeting. The same person may be awarded the contract for one or more road sections, but a separate and distinct contract shall be entered into by such contractor for each section awarded to him; and no person shall be awai’ded contracts for more than three sections. Ibid. 203 G. Should the board of county road commissioners fail for any good cause to make a contract for any road or district or section, it shall be their duty to employ some suitable and competent person or persons to perform such work and make such needed repairs upon any road or roads in such district or section as they may deem necessary, and such work and repair shall be under the supervision of the district road commissioners, and when necessary they may appoint some suitable person to superintend such work and repair, on such terms as they may think best for the interest of the county. Repairs by contract. Custodians of tools and machinery. Public notice inviting bids. Bond for contract. Work not done by contract. 22 THE ROAD-LAWS OF MARYLAND 1898, ch. 531. Report of road 203 H. It shall he the duty of every road contractor to report in writing, under contractor, f 0 the board of district road commissioners on or before the 2d day of each month, setting forth the amount and character of the work done by him during the preceding month, the number of hands and teams employed, and the total number of days worked by them and the material purchased and its cost, and any other facts and statements that the board of district road commissioners may require. The board shall carefully examine such reports and shall indicate in writing on such reports, or attached thereto any errors therein, and if correct shall certify the same on such reports, and file all such reports for the use of the county commissioners. The county commissioners shall examine such reports and may correct and approve the same and order such amount as directed by the board of district road commis¬ sioners to be paid thereon as the county commissioners may deem just, but the Payment, commissioners shall not pay in full for any special or permanent work to be per- when made, formed by contract until the same has been completed and accepted and approved by the board of district road commissioners. At any June meeting of the county commissioners in every year they shall settle in full with all contractors for the preceding year, if no objections have been made, but no such settlement shall be a bar to the county or any individual x-ecovering any damages that may be sustained by reason of any defective work or other failure on the part of the contractor to per¬ form the duties required in the contract. Before any final settlement is made with any contractor, some member of the district board of road commissioners shall first have made a personal inspection of the roads in such conti*actor’s section or district, and shall cei’tify that he has made such personal inspection, and that the contractor has perfoi-med his work fully and satisfactorily, according to his contract; provided, such report shall be only received when approved by a majority of such board of district road commissioners. Ibid. Failure of con- 203 I. If any contractor shall fail to perform any work within the time specified, tractor; substitute. or to comply with any notice or order that may have been served upon him as provided in section 203 P, the board of district road commissioners shall be authorized to have such work done by any other persons and report the same to the county commissioners, with the cost thereof, and the county commissioners shall deduct such cost from any amount that may then be or thereafter due such contractors, and if such cost exceeds the total amount that may be thereafter due such contractor, the county commissioners shall order suit to be brought on such contractor’s bond for such amount of such expense and expenditures so made and yet unpaid. Nothing therein shall prevent the contractor from pleading as a defense to such failure to perform his work in the time specified in the contract, that the same was caused by unusual weather, and that with ordinary care he could not have avoided such delay; and if the board of district road commissioners shall be satisfied that such has been the cause of the delay, they shall give such contractor further l’easonable time to perform such work, and the contractor shall not be liable for any damages to the county for such delay, when so authorized. Ibid. Appeal. 203 K. Any contractor shall have the right to appeal from any order of the county commissioners or board of district road commissioners affecting his interests as such contractor, such appeals to be governed by the law regulating such appeals from a justice of the peace. When any appeal is taken by any contractor, the cause shall be entitled, “ Road Contractor of Election District No. —, appellant, against County Commissioners of Anne Arundel, defendant.” Ibid. Bonds, preserved 203 L. All bonds of contractors or other persons shall be carefully preserved and and recorded. re corded on file in the office of the clerk of said county commissioners. A copy of any such bond shall be competent as evidence thereof in any suit, proceeding or prosecution against the contractor and his sureties, or either of them, for breach of said contract. The said county commissioners, or any person aggrieved, may, from time to time, institute suit against the contractor and his sureties on said bond (or MARYLAND GEOLOGICAL SURVEY 23 against his or their personal representatives) in any court of competent jurisdiction for any loss or damages sustained hy the acts or omissions of the contractor, or to restrain payment of any money due the contractor. The said bond shall not he void or discharged on the first or any other recovery, nor until persons aggrieved shall be satisfied. And for any wilful and intentional violation of or failure, without good cause, to discharge any duty prescribed by this sub-title, the contractor shall be deemed guilty of a misdemeanor, and shall, on conviction, be fined therefor not less than five dollars ($5) nor more than one hundred dollars ($100), to be recovered by warrant in the name of the State, to be issued by and returnable before any justice of the peace in said county; and it shall be the duty of any person aggrieved or injured to have such warrant issued upon his knowledge or upon information of another on oath. On the trial of such cause the contractor shall be entitled to a jury, if demanded, and either party may enter an appeal to the Circuit Court, as other appeals are now taken. 1898, ch. 531. 203 M. The board of county road commissioners may, by order of record, designate Special work and special work and improvement to be done on high, first and second class roads, and improvement; may let contracts for working and improving high, first and second class roads contract - separate from the contract for working the road by sections in the districts in which such roads may be situated, and may include one or more high, first class or second class roads in one and the same contract, the contract for such roads to be under the same regulations as provided in sections 203 D and 203 F for working or letting roads by sections. The board of district road commissioners shall, as far as practi¬ cable, require the work and improvement on high and first-class roads to be permanent and worked by improved road machinery, and to this end shall aim to improve the grade of such roads as the same will justify, giving the preference to such of these roads as may be of the greatest public use and when any road is convenient to rock, shells or gravel, shall have such road or any part thereof macadamized, shelled or graveled; and the board of county commissioners shall, if possible, have two general roads, extending through the entire county, systematically and continuously improved in each of the several election districts through which the same extend, so that the same may be completed and form good, continuous high roads. Ibid. 203 N. All bids when received shall be immediately and publicly read on the day Public reading and at the time and place named in said advertisement, and the county board of of bids - road commissioners may reject all bids if in their opinion good cause exists therefor, but otherwise they shall award the contract to the lowest responsible bidder, who shall give satisfactory evidence of his ability to perform the contract; provided, however, that the estimated contracts awarded in one year by the county board of road com¬ missioners shall not exceed the district road tax as assessed by the board of county commissioners for the preceding year. When the contract is executed by the county board of road commissioners and by the bidder, a copy of the contract with the esti¬ mated cost of the work shall be forthwith filed with the county commissioners, and be by them safely kept as herein provided. Ibid. 203 O. The board of county road commissioners are authorized and directed, with Manner of * the approval of the county commissioners, to let all work for annual repair and letting work, maintenance of county roads by single road sections, and either for all classes of roads in such section or for special work on particular class of roads as specified, though one or more sections may be let to the same bidder or contractor. All such contracts shall be for one or two years, beginning on the first day of May of each year. The several district boards of road commissioners shall require the provisions of the contracts and specifications to be strictly adhered to by the contractors or other persons doing work. A certificate of the cost of every road constructed under this sub-title shall be filed with the county commissioners by the board of road com¬ missioners of the district in which said road shall have been constructed, and the said county commissioners shall, when the same may become due and as demanded, 24 THE ROAD-LAWS OF MARYLAND Control of contractors and employees. Complaints. Use of funds. Private contributions. thereupon draw orders upon the treasurer in favor of the respective contractors for the sums certified as aforesaid, and the treasurer shall pay the same as provided out of the money of the road fund in the treasury, with the reservations hereinafter set forth. The district board of road commissioners shall file a certificate with the county commissioners, which shall state the amount of money due the various con¬ tractors or other persons for the construction, repair and permanent improvement of roads under this sub-title, and the county commissioners shall cause to be paid to such persons said money as set forth in said certificate, in accordance with the terms of the contract, out of any money in the treasury of the county not otherwise appro¬ priated, and in any manner or time as specified in the'contractor’s agreement, under the limitations and with the reservations aforesaid and hereinafter stated. 1898, ch. 531. 203 P. Each contractor or employee shall be at all times under the direction, super¬ vision and control of the board of district road commissioners of the district, who shall see that all provisions of the law and orders of the board relating to roads and highways, concerning the duties of such contractor or other person, are faithfully and promptly executed. When five or more resident taxpayers shall petition or complain to any board of district road commissioners, setting forth that any road in any district of the county is out of and in need of immediate repair, or that the work or repair is not being properly done in accordance with the contract or specifi¬ cations, it shall be the duty of the district board of road commissioners to investigate, or cause to be investigated, the alleged complaint and the condition of such road, and if the same be found to be well taken, or if the road complained of be found to be out of and in need of repair, or not in accordance with the contract, such district board of road commissioners, shall require the contractor or other person whose duty it shall be to properly construct such roads, or remedy the cause of such com¬ plaint, or perform and do such work as shall be required and stated in such notice; or shall order such road to be immediately placed in good and passable repair in the manner provided in the contract, and the provisions of this section shall apply as well to any bridge or culvert in said county as to any road therein. Such written notice shall be served upon or sent to the contractor describing the locality where such defect exists, and requiring such contractor to repair or remedy such defect complained of within five days from the receipt of such notice, sent to his postoffice address; and every such contractor wilfully failing to comply with the requirements of such notice be guilty of a misdemeanor, and shall for every offense be subject to a fine of five dollars and costs. Ibid. 203 Q. No part of the funds arising from district road taxes shall be used in repairing or rebuilding bridges or culverts or approaches thereto exceeding twenty feet span. All bridges and culverts exceeding such span or costing over five hundred dollars shall be under the exclusive control of the county commissioners, who shall keep the same in repair and rebuild when necessary; and the funds for that purpose shall be raised and included in the general road fund, and no bridge, the cost of con¬ struction or repair of which exceeds five hundred dollars, must be constructed or repaired, except on the order of the board of county commissioners; and when ordered to be constructed or repaired, it shall be done by contract. But before any contract shall be let, as provided herein, the county commissioners shall advertise for bids therefor, at least once a week for two successive weeks, in a newspaper of general circulation in the county, and the contract shall then be awarded to the lowest responsible bidder, who shall, before entering upon the performance of the work, execute and deliver to the commissioners a bond, with two or more sureties, to be approved by the commissioners, in a penalty not less than twice the amount for which the contract is awarded. Ibid. 203 R. If the property owner or owners along any road in any district of the county which has not been permanently improved, or is not undergoing improvement under the provisions of this subtitle, shall desire any section of the road in such district improved, and are willing to contribute the whole expense of labor of such MARYLAND GEOLOGICAL SURVEY 25 improvement, outside of cost of material, the board of district road commissioners of such district shall, upon the written request of such owner or owners, cause a plan of such section of roads so to be improved to be made, in which shall be given the levels and distances and also specifications which shall state the materials that can be used, and the manner of using them, and a copy of such plan, specifications, and bids shall be submitted to the board of county road commissioners, and if such board shall approve them it shall be lawful for such owner or owners to proceed to build such section of road according to the plan and specifications, and have control of the expenditure of money used to make such improvement, subject to the approval and supervision of the board of district road commissioners or some one designated by them; and upon the completion of the improvement to the satisfaction of the said board, and upon the submission to them of receipts showing full payment for materials furnished and work done under the specifications, the said board of district road commissioners shall file a certificate with the clerk of the board of county commissioners of said county, which certificate shall state the completion of the improvement and the cost thereof, and thereafter such section of road so improved shall be a county road of such clasj as may be determined. 1898, ch. 531. 203 S. It shall be unlawful for any highway to be dug up for laying or placing pipes, sewers, posts, wires, railways or other purposes, and no tree shall be planted or removed or obstruction placed thereon, except by the written consent of the board of district road commissioners, and then only in accordance with the rules and regulations of said board of district road commissioners; and in all such cases the work shall be executed under the supervision and satisfaction of said commissioners, and the entire expense of replacing the highway in as good condition as before shall be paid by the parties to whom the consent was given or by whom the work was done. Ibid. 203 T. Any person desiring to make a private road leading into and connecting with a county road, shall, first secure permission so to do from the district board of road commissioners, and any road, bridge or culvert so desired or necessary to be built, must be built in accordance with the requirements and specifications of said board, and at the cost of such person so building the same. If such roadway, bridge, culvert or other entrance to or connection with a public road is not done in accord¬ ance with the directions of said board of district road commissioners, then such shall be deemed an obstruction upon such highway, and the same may be removed and the party proceeded against as provided for obstructing county roads in section 203 U. Ibid. 203 U. If any corporation or individual shall by unusual use of any public road, materially damage the same, such person or corporation shall be required to repair all damages caused by such use of the same. The contractor or board of district road commissioners shall, at any time when necessary, notify such corporation, company or individual of their duty as provided in this section; and should the said parties so notified fail, in a reasonable length of time, to be stated in the notice, to make such repairs, such parties shall be deemed guilty of a misdemeanor in obstruct¬ ing the public roads; and if any person, unless duly authorized by the district board of road commissioners or a contractor of the road district, shall leave any wagon plow or vehicle, unless in the event of an unavoidable accident, or shall put any garbage, rubbish, grass, weeds or waste material of any kind into any public road in said county, with the intent to permit the same to remain therein, such person so offending shall be deemed guilty of a misdemeanor, and upon conviction of any such offense under this section shall forfeit and pay a fine of not less than one nor more than fifty dollars, together with the costs of prosecution; and in default of the payment thereof shall be imprisoned in the county jail not exceeding ten days, or both so fined and imprisoned, in the discretion of the court or the justice trying the same. J ° Injury to highways, etc Private road leading into county road. Repairs for unusual damages. Obstruction. 26 THE ROAD-LAWS OF MARYLAND Sidewalks, injury to roads. Contractors, how paid. Pecuniary interest. District road commissioners. Change of road at railroad crossing. Road supervisors. Bond. 1898, ch. 531. 203 V. Any person who shall maliciously and intentionally ride or drive upon a pavement or sidewalk, or shall wilfully obstruct, or injure or destroy any of said public roads or bridges, any index or finger-board, or any culvert or ditch on said public roads, or shall wilfully injure any of the tools or implements, or who shall without right, take possession of or use or appropriate the same, shall be guilty of a misdemeanor, and shall be fined for each such offense not less than one nor more than fifty dollars, and costs of prosecution, to be recovered as other such penalties are recoverable, and shall also be liable in a civil action for double damages to the county or to any person injured thereby, to be recovered in any court or before any tribunal of the county having jurisdiction of the amount claimed. It shall be the duty of the contractor and his assistants, and of all constables and sheriffs, to report promptly to the board of district road commissioners and to some justice of the peace any and all violations of this section. Ibid. 203 W. It shall be unlawful for any contractor doing repair work or keeping road in general annual repair to receive more than one-half of his contract price within any six months of each and every year; and in no case shall any contractor receive more than eighty per cent of his contract until said work has been absolutely and entirely approved and accepted by the board of district road commissioners, and duly certified to the county commissioners, and no objections existing on file; the county commissioners shall then issu£ their proper certificate for the amount due and payable; provided, that in case of special or permanent work or material furnished payment shall be made as agreed upon by the board of county road commissioners, duly approved by the board of county commissioners; but if any written protest shall have been filed, the same shall be heard and determined by the board of district road commissioners before payment can be made on any contract, either for repair work or permanent improvement. Ibid. 203 X. No member of any board of road commissioners or of county commissioners shall, either personally or as a member of any firm or a stockholder in any corpora¬ tion, be pecuniarily interested directly or indirectly as a contractor or employee in any contract entered into or work carried on by or for such board. Ibid. The road commissioners of said county, appointed as such under chapter 464 of the Acts of 1896, shall be among the district road commissioners appointed under this Act, and shall respectively be the chairmen of the boards of district road com¬ missioners in their several districts, and shall constitute for two years from the time of their appointment under this Act the board of county road commissioners under this Act. (1888) Art. ILL BALTIMORE COUNTY. 1874, chapter 213. 184. All railroad companies now in existence, or hereafter to be created, shall have authority to raise or lower any public road, avenue, street or other highways in said county, in such manner as to enable said company to pass such road, avenue, street or highway, under or over such railroad; but such work of raising or depression shall be done in a manner satisfactory to the county commissioners. 1894, ch. 447. 188. The county commissioners of Baltimore county, at their first meeting in January in every year hereafter, shall appoint one read supervisor in each election district, to act as such for one year from the time of his appointment or until his successor shall qualify, who shall give bond to the county commissioners, conditioned for the faithful performance of his duties, in a sum equal to the amount of the general MARYLAND GEOLOGICAL SURVEY 27 road tax levied from the district for which he is appointed, and who shall he paid snch reasonable salary as the county commissioners shall determine, having regard to the service performed by him. 1894, ch. 447. 189. It shall be the duty of said road supervisors to superintend the construction and repair of all roads, bridges and culverts in their respective districts, including all work done or given out under contract; but no supervisor shall have any pecuniary interest in any contract and shall furnish no team for any work (unless previously authorized in writing by the county commissioners); and when the construction and repair of roads shall not, in any district or subdistrict, be given out under any contract, the supervisors shall employ the necessary labor and teams to do the work required, and shall dispose of the same in such manner as will be most economical and best for the public benefit; and all bills for contracts and for labor and material supplied in the roads, shall be sworn to and approved by the supervisor before payment by the county commissioners. Ibid. 190. Each road supervisor shall divide the roads of his district into convenient sections and number them, and if desirable, make sub-divisions of his district; and he shall keep an account of all work, and other transactions pertaining to the roads of his district, showing the kind and quality of work done on each section of road, by whom the work was done, and the cost of the same, which shall be returned monthly to the county commissioners, who shall keep a record of the same, to be at all times open for public inspection. Ibid. 191. Any supervisor shall be subject to removal, by the county commissioners, for neglect or refusal to comply with the duties of his office; provided, notice of the charge be given and he have an opportunity to appear and reply to the same; and if any supervisor shall resign or be removed, his place shall be filled by the county commissioners immediately thereafter. Ibid. 192. The county commissioners shall keep a record-book for each district, in which shall be recorded all the roads and bridges of the district, and all surveys and other proceedings which may be had in reference to any road or bridge in that district, the cost of procuring such books to be paid for out of the general road fund. Ibid. 193. The road supervisors herein provided for shall take charge of all the roads and bridges in their respective districts, and shall see that no obstructions, hindrance or injury is permitted upon any road or bridge under their supervision; and when any road or bridge shall form the boundary between districts, the county com¬ missioners shall assign to each district its portion of said road or bridge; and any person placing obstruction of any kind whatsoever on the public roads, or in any side ditches thereof, shall be liable to a fine of five dollars and cost for each and every such offense, which shall be imposed by any justice of the peace of the district within which said offense shall be committed, upon the complaint of the road supervisor having charge of said road; provided, said person having been notified to remove said obstruction by the road supervisor shall fail to do so within two days after notification; and provided further, that the person so placing said obstruction on the public roads, or in the siie ditches, shall be liable to a fine of five dollars for each day that he permits said obstruction to remain, the said fine to be in addition to the original fine of five dollars, after the expiration of said two days, to be im¬ posed by said justice in like manner as said original fine, said fine to be paid by the justice to the county commissioners of Baltimore county, and placed by them to the credit of the district in which it has been imposed, said fine to be enforceable as other fines imposed by the justice of the peace. Duties. Division of districts. Neglect of duty. Record book. Obstructions on roads and bridges. Penalty. 28 THE ROAD-LAWS OF MARYLAND 1894, ch. 447. Tax-levy for roads 194. The county commissioners shall annually levy upon the assessable property and bridges. 0 f Baltimore county, at the time of making the county levy, not less than fifteen cents nor more than twenty-five cents on the one hundred dollars, for the use of the county roads and bridges, which shall be collected as other county taxes are collected, of which five cents on the hundred shall be set apart as a general road and bridge fund, and be applied to the general use and the benefit of the roads and bridges in Baltimore county, and to no other purpose, and the remainder of the tax so levied and collected for roads and bridges shall be set apart as a special road and bridge fund, which shall be for the use and benefit of that district from which it has been collected, and for no other purpose. Ibid. Purchase of stone. 195 . Of the taxes levied and set apart as a special road and bridge fund, not less than three-fourths thereof shall be expended in the purchase of broken stone, or other hard material, to be used on roads in such manner as the commissioners, with the assistance of the supervisor, may determine, unless on application of taxpayers, resident in the neighborhood, the commissioners may determine upon any section of I’oad to devote a larger proportion than one-fourth of said fund to grading or other pressing need; and the county commissioners may, if it shall appear to be in the interest of economy, purchase one or more stone-crushers out of the fund set apart as the general road and bridge fund, for the purpose of supplying stone for the use on the roads, to be operated in such manner as they shall determine. Ibid. Application for 196. Whenever any person or persons shall desire to improve any road, to an improvement ex t e nt beyond that contemplated by the county commissioners and the supervisor of the district where it is located, they may make application to the commissioners by petition by setting forth the location of the road to be improved, the extent and character of the improvement, and probable cost thereof; and if the county com¬ missioners, after considering the same and probable cost thereof, shall be satisfied that the public interest will be promoted thereby, they may direct the expenditure of an amount not exceeding three hundred dollars per mile; provided, the petitioners for such improvement shall first pay into the treasury of the county an amount not less than double that appropriated by the county commissioners; and all such money shall be expended under the direction of the supervisor of the district where the improvements are to be made. Ibid. Deed of road 197. Whenever any owner of property in Baltimore county shall have opened, by owner. i a ifl ou t 0 r graded any avenue or road for the public convenience and Is willing to dedicate the same to public uses, and good and sufficient deed duly recorded, the county commissioners are authorized 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 super¬ visor of the district in which it may be situated; provided, however, 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 county commissioners. Ibid. Public highway 198. Whenever any road shall have been in use for twenty years, though the established. same may not have been condemned or granted as a 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 a public highway, with full power to relocate and straighten the same, in their discretion, and shall publish a notice to that effect, once a week for two successive weeks, in one or more newspapers published in Bal¬ timore county; provided, said road shall not be less than thirty feet in width; and such road so declared to be a public highway, shall be kept in good order and repair by the road supervisor of the district in which such road is situated, as other public roads are. MARYLAND GEOLOGICAL SURVEY 29 1894, ch. 447. 199. Whenever any doubt exists as to the proper location or width of a road, the supervisor of the district, under the direction of the county commissioners, may cause the same to be surveyed and make such alterations 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. Ibid. 200. Where there shall not be sufficient money in the county treasury, set apart as a general road and bridge fund, to meet the requirements of the county at large, the county commissioners are hereby authorized to borrow upon the credit of the county, a sum not exceeding twenty thousand dollars therefor, and shall pay the same, together with the interest, out of the general road and bridge fund, and said fund shall be used for no other purpose. Ibid. 201. All applications for opening, altering or closing roads shall be by petition to the county commissioners. Ibid. 202. Whenever any taxable inhabitant or inhabitants of Baltimore county intend to petition the county commissioners for opening, altering or closing any road, he shall give thirty days’ notice thereof in one or more of the newspapers published in Baltimore county, setting forth, as near as may be, the length and location of said road. Ibid. 203. Counter petitions may be presented to the county commissioners at any time within fifteen days after the expiration of the thirty days’ notice, provided for in section 202 of this act; and when any counter petitions are so presented, the county commissioners shall appoint a 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. Ibid. 204. 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 necessary 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 Baltimore county, 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 Baltimore county so to contract for lands for a public wharf, drains 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 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 commissioners of said county are authorized, when the county roads cannot bo 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 lands that may be required for that purpose as above provided, or they may proceed to con¬ demn the lands that may be necessary for the purpose, under the provisions of sections 248 to 253, both inclusive, article 23, title “ Corporations.” Survey of road. Permission to borrow money. Petition. Notice by petitioner. Counter petitions. Contracts for right of way. Appointment of examiners. 30 THE ROAD-LAWS OF MARYLAND 1894, ch. 447. Oath of examiners. 205. The examiners, before they proceed to act as such, shall take an oath to execute the trust reposed in them, faithfully and without favor, affection or partiality; which oath shall be endorsed on the order of appointment and returned therewith. Ibid. Meeting of 206. Said examiners, or a majority of them, shall give notice of the time and examiners. pi ace of meeting by publishing the same once a week for two successive weeks in some newspaper or newpapers published in Baltimore county, and by causing a copy of the same to be delivered to every owner through or along whose property the proposed road will pass, or be publicly posted on said property, in case the owner can¬ not be found, at least five days before the day of meeting; and in case the owner be an infant or von compos mentis; then a copy of said notice shall be left with the parent or guardian of said infant, or with the committee or person having charge of the person alleged to be non compos mentis; and at the time appointed, the examiners or a majority of them, shall meet on the premises and proceed to examine and determine whether the public convenience requires that the road should be opened, altered or closed, as the case may be; but they shall have power to adjourn from time to time. Ibid. Location of road. 207. If the application be for opening, closing or altering a road, and if they shall determine that the public convenience requires that the road should be opened, closed or altered, they shall proceed to locate the same in such manner as will in their Plat, judgment best promote the public convenience; and shall cause a plat of the same, and also of the old road, when the application is to alter or close a road, to be made out under the direction of a competent surveyor, and shall return the same, together with a full report of their proceedings, under their hands, to the county commissioners, with the reason on which their opinions are founded. Ibid. Report of 208. If they shall be of opinion that the road ought not to be opened, altered or examiners, shut up, they shall report their opinion to the county commissioners, together with the reasons on which it is founded. Ibid. Estimate of cost. 209. Whenever any road shall be located and surveyed as a 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 district, respectively, in such proportions as Assessment of they may deem just and proper, and shall cause notice to be given to all persons damages and assessed, of their respective assessments, by publication in one or more newspapers benefits. of Baltimore county once a week for two successive weeks, and that objections thereto may be filed with the county commissioners within thirty days from the first publi¬ cation of said notice, and shall furnish to the county commissioners a report of such assessment; and if any person or body corporate, or district, acting through its supervisor, shall feel aggrieved by the award, report, return or proceeding of said board of examiners, he, she or it, within thirty days after said report is filed in Objections, the office of the county commissioners, shall file his, her or its objection in writing, and the county commissioners, after five days’ notice to each side interested, or as soon thereafter as practicable, shall proceed to consider the award, return, report, plat and proceedings of said examiners, and all the proceedings in said case, and they may ratify and confirm, reject, reverse, alter, amend or correct the award, return report, plat and proceedings in said case, or may, in their discretion, send back to said examiners the award, return, report, plat and proceedings for alteration, correc- Right of appeal, tion or amendement; and any person interested in said proceedings may appeal from the final order of ratification or rejection 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 of said final order of ratification or rejection; and provided, further, that the cost of the record, in case of appeal, shall be paid or tendered to MARYLAND GEOLOGICAL SURVEY 31 the clerk of the county commissioners within thirty days from the date of said appeal; and in case the said costs of said appeal are not so paid or tendered within said period, it shall be lawful for the county commissioners to proceed to act in the premises as if no such appeal had been taken; and in case any appeal is taken to the Circuit Court for said county, and a 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 purposes 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 Balti¬ more county shall be secured in the right to a jury trial; and the said court shall direct the sheriff of Baltimore county to summon twelve or more persons, qualified to be jurors, and shall impanel any twelve disinterested persons so summoned to try any questions 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. 1894, ch. 447. 210. The county commissioners shall not advertise any notice of application for opening any new road, or widening, straightening, altering or closing any old road, or parts of any old road, unless the parties interested in said application shall pay to the treasurer of Baltimore county such sum or sums of money as may be neces¬ sary to pay the expenses of advertising, surveyirg, making plat and the per diem of examiners, and any other expenses that may be incurred, before the proceedings in the case shall be finally ratified and ordered to be recorded; and when the assess¬ ments for benefits shall have been collected and paid into the treasury of Baltimore county, the county commissioners shall give an order on the treasurer for the sum or sums of money paid to him by the parties for such purposes. Ibid. 211. When no objection shall have been filed within the time hereinbefore desig¬ nated, or if objection shall have been filed and the road petitioned for be confirmed by the county commissioners of said county, and if in case of appeal, the order of the county commissioners is affirmed by the Circuit Court for said county, the county commissioners shall record or cause to be recorded such road as a public road of Baltimore county, and the award, if for damages, shall be paid by the county com¬ missioners to the person or persons, or body corporate, entitled to receive the same, within ninety days from the ratification of said award and report; and the award, if for benefits, shall be considered a tax and lien upon the property assessed, and shall be paid to the county commissioners or the treasurer of said county, upon the order of said commissioners, within sixty days from the time the award and report are finally ratified and confirmed as aforesaid; and if not then paid, shall be collected as other taxes are collected; provided, that thirty days’ notice is given to the owner or owners of the property taken for such road, or to his, her or its agent or attorney, or left upon the premises in case the owner is unknown; provided, that in case the damages allowed by said examiners to any person or persons or body corpor¬ ate, shall be increased either by order of the county commissioners of said county, or by the Circuit Court for said county upon an appeal from the decision of said county commissioners, or in case the amount of benefits assessed against any person or persons or body corporate by said examiners, be decreased either by order of the county commissioners or by the decision of the Circuit Court for Baltimore county, upon appeal from the county commissioners, then the parties petitioning for said road shall pay pro rata according to their assessments, the deficit caused by said increase of damages or decrease of said benefits, the same to be collected the same as are assessments for benefits as hereinbefore provided; and provided further, that no work shall be done on any road so ratified and confirmed until all the assessments for the construction of said road shall have been paid, or, in the event of a reduc¬ tion of any assessment for benefits or increase ot any damages upon appeal or other¬ wise, as above provided, until the amount of the deficit thereby caused shall have been Jury trial. Expense of adver¬ tising, etc. Public road established. Payment of damages. Benefits to be a lien. Notice to owner. 32 THE KOAD-LAWS OF MARYLAND made up and paid by the petitioners; the county commissioners of said county shall Award of contract, then advertise for sealed proposals for the construction of said road according to the specifications furnished by said examiners, and the contract shall be awarded to the lowest responsible bidder; provided, the contract price shall not exceed the amount of the net assessments collected for the building of said road; and the person Bond of contractor, or persons contracting for the building of said road shall give bond to the county commissioners, in double the amount of the contract price, for the faithful perform¬ ance of the contract; and the county commissioners shall not pay in full for making such road until the same shall have been thoroughly examined and accepted by them; and all roads opened under the provisions of this article shall be at least thirty feet wide. 1894, ch. 447. Building and 212. The building and repairs of all bridges in Baltimore county shall be under repair of bridges, the control of . the county commissioners; and whenever twenty or more taxable inhabitants of said county shall desire the building or repairs of any bridge, they may make application to the county commissioners by petition, setting forth the location of the proposed bridge, or the character and extent of the proposed repairs, and the probable cost of the same; the county commissioners may then appoint a Board of board of examiners, to consist of the supervisor of the district in which the bridge may examiners. k e , one disinterested* taxpayer to be named by the petitioners, and the bridge superintendent of the county, to meet on the premises on some day to be named in the order of appointment and examine and determine whether the public con¬ venience required the granting of the application, and the probable cost thereof; and they shall report in writing their opinion and determination in the premises and their reasons therefor; and if the county commissioners shall be of the opinion that such application ought to be granted, if it be for a new bridge, or extensive repairs upon a standing bridge, they shall advei’tise in two or more newspapers in Baltimore county, setting forth the location of the proposed bridge, with full specifications of the size, plan and materials, and that sealed proposals for building or repairing such bridge will be received until a certain day and hour in said advertisement named. Award of contract. The county commissioners shall award the contract for the work to the lowest re¬ sponsible and competent builder; the contractor shall give bond in double the amount of the contract price for the faithful performance of the contract; and the commis¬ sioners shall in no case fully pay for such work until it shall have been thoroughly examined and accepted by them. 1898, ch. 309. Superintendent 213. The county commissioners, as soon as convenient after the passage of this of bridges. Act, an d on the first Tuesday in January of every second year thereafter, shall appoint a competent and trustworthy person who shall thoroughly understand the business of bridge building, as superintendent of bridges in said county. It shall be his duty to make drawings and furnish specifications for all new bridges to be erected and to make specifications for all repairs on old bridges when the same shall be necessary. He shall superintend the building of all new bridges and culverts, and locate the same whether built by contract or by the road supervisors. He shall also superintend all repairs, and examine and report in writing to the commissioners upon all new bridges or repairs made, and give his written opinion as to the strict performance of the terms of the contract by the contractor, and whether such work should be accepted or not. Ibid. Repair of bridges. 214. Whenever any bridge may need repairs, the commissioners may direct that such repairs shall be made by the road supervisor of the district under the super¬ vision of the superintendent of bridges. It shall also be the duty of the superin¬ tendent of bridges to measure all road material put on the roads and avenues in Baltimore county when the quantity is one hundred cubic yards or more. He shall report in writing to the county commissioners, the first Tuesday in every month, the quantity of material measured the preceding month and the roads and avenues on which the material was used. The salary of the superintendent of bridges shall be twelve hundred dollars per year. He shall bond in the sum of two thousand five hundred dollars for the faithful performance of his duties. MARYLAND GEOLOGICAL SURVEY 33 1894, ch. 447. 215. The county commissioners, at the time of the annual tax levy, are author¬ ized, directed and required to make a special annual levy of ten cents on each hundred dollars of the whole assessable property of the thirteenth election district of Baltimore county, to be collected as other county taxes in said county are collected; and when collected, to be used by the county commissioners exclusively for the purchase of stone or other suitable hard materials for the purpose of macadamizing the county roads of said district; provided, fifty or more taxable residents of said district shall, prior to each annual levy, petition the said county commissioners, asking that such special levy be made. Ibid. 216. Every taxpayer of said district shall have the privilege of working out this special tax by hauling stones or other suitable hard material upon the county road nearest his farm or residence, at such price per perch for the same as may be fixed by the road supervisor for said district, subject to the approval of the county commissioners; and said road supervisors, immediately after the levy in each year, shall, subject to the approval of the county commissioners, fix a uniform price for said materials, as far as practicable; and whenever he is satisfied that any tax¬ payer has fully worked out this special road tax, he shall give such taxpayer a certifi¬ cate to that effect, which shall be received by the treasurer and collector of taxes for Baltimore county as so much money in lieu of said tax. Ibid. 217. The county commissioners are authorized and empowered to lay out and con¬ struct, under the provisions of this subtitle, such roads or avenues within that part of the thirteenth election district of Baltimore county lying within two miles of the present limits of the city of Baltimore, and south and east of Washington road, as may be demanded for the convenience of the people of said district. Ibid. 218. This Act shall not affect the validity of any proceedings in reference to the opening, closing or altering of any roads which may have been begun before the passage hereof. 1896, ch. 469. It shall not be lawful for any person or persons or corporation, whose business is that of a common carrier, to stop its or their vehicles, cars or engines upon any of the road-beds or crossings of any of the public roads in Baltimore county, over or across which the said vehicles, cars or engines may run, for a longer period of time than is necessary to take on or let off its or their passengers or freight there waiting, not exceeding, at any one time a period of fifteen minutes. Any person or persons or corporation, its officers or agents, violating the provisions of the above section shall be liable to a fine of not less than twenty dollars, nor more than one hundred dollars to be recovered before any justice of the peace of Baltimore county, subject, however, to the right of appeal to the Circuit Court for Baltimore county. (1888), art. Y. CALVERT COUNTY. 1898, ch. 182. 110. On the Tuesday next after the first Monday in the month of November, in the year eighteen hundred and ninety-eight, on the same day every two years thereafter, there shall be held in Calvert county an election for three road commissioners in said county, and the persons having the largest number of votes shall be deemed duly elected road commissioners for said county; and the whole number of persons thus 3 Tax for roads in 13th election district. Taxpayers may work out tax. Roads in 13th district. Not to affect present proceeding. Obstruction of roads. Penalty. Election of road commissioners. 34 THE ROAD-LAWS OE MARYLAND elected shall constitute a commission, to be styled, “ The Board of Road Commis¬ sioners of Calvert County provided, however, the present board of road commis¬ sioners now in office shall remain therein for the time for which they were elected— that is, until the election and qualification of their successors under the provisions of this Act. 1898, ch. 182. Organization. 111. On the second Tuesday in March succeeding their election the said board of road commissioners shall meet at Prince Frederick, in an office to be provided for them by the county commissioners of said county, and shall qualify by each taking an oath before the clerk of the Circuit Court for said county “ that he will faithfully and diligently, and to the best of his ability, execute the office of Road Commissioner of Calvert County,” and shall then organize by electing one of their number to be president of said board, and the majority of said board of road commissioners, if in their discretion they shall deem it necessary, shall have power to appoint a clerk to said board, who shall receive the sum of fifty dollars per annum, to be paid by the road commissioners of Calvert county out of the said fund; and on the same day, Road supervisors, or as soon thereafter as possible, they shall appoint a person from each election district of said county to serve for two years, unless sooner removed by the board of road commissioners, as road supervisor of said district. Ibid. Inspection of roads. 112. Before the first day in April next succeeding their election the road com¬ missioner and road supervisor of each district shall go over and inspect the public roads in their respective districts; and the said commissioner shall advise and instruct the said supervisors as to the manner in which the said roads shall be repaired, widened and permanently improved, and the order of time in which the work is to be done, and it shall be the duty of the county commissioners to furnish to said board of road commissioners such books of record and accounts as they may require. Ibid. Duties of 113. Each of the said road supervisors shall employ laborers, the number so supervisors, employed to be designated by the road commissioner of his district, to work with said road supervisor on the public roads in his district. He shall keep an accurate account of the exact hour at which each laborer begins his work and the number of hours he is engaged therein each day he is so employed, and he shall be present with said laborers the entire time, directing and assisting them; and at every monthly meeting of said board of road commissioners he shall submit to said board the account herein required to be kept as aforesaid, and make oath, to be administered by one of said board, that the said account is a true statement of the exact number of hours each laborer was engaged in active work on the public roads in his district during the preceding month, and that he was present with said laborers the entire time they were so engaged; and if, for any reason, the said supervisor is compelled to be absent during the time the said laborers are engaged in work on said roads, by sickness or otherwise, he is hereby required, authorized and empowered to select some com¬ petent person to act in his stead, who shall receive the same compensation as said supervisor so absenting himself, to be deducted from the said supervisor’s salary; and the said supervisor shall state in the monthly statement to be submitted to the board of road commissioners as aforesaid the number of hours he was so absent and the reason therefor, and if he shall fail to keep and produce at said monthly meeting an account as above provided, or if any account so produced shall contain any false statement, or if the said supervisor shall fail to perform all the duties required of him as specified by the preceding section, and therein specifically set forth, to the damage of the public, or the satisfaction of the said board of road commissioners, he shall be at once dismissed from his position by. said board. And the accounts herein required to be exhibited by said supervisor shall be kept on file by the board of road commissioners in their office at Prince Frederick. MARYLAND GEOLOGICAL SURVEY 35 (1888), art. v. 1898, ch. 182* 114. It shall be the duty of the road commissioners to go over and inspect the Monthly work done by said supervisors at least once a month, and to make such suggestions inspections, and alterations as in their judgment they shall deem necessary. Ibid. 1880, ch. 366. 1888, ch. 160. 115. The said supervisor shall have the power to hire such horses, oxen, wagons, Hiring of animals carts, plows and other implements necessary for the successful performance of his and implements, duties herein required of him as supervisor of said roads; and at each monthly meet¬ ing of said board of road commissioners he shall submit to said board a statement showing everything hired by him during the preceding month, from whom the same were hired and the sum agreed to be paid for the hire thereof; but nothing in this section shall authorize the said supervisor to hire anything whatever, contrary to the advice and order of the road commissioners of his district. Ibid. 116. The said board of road commissioners shall meet at their office in Prince Payment of super- Frederick on the second Tuesday of every month in each year except the months of visors and laborers. December, January and February, at which meeting they shall receive and carefully examine the accounts and statement made by the said supervisor as hereinbefore pro¬ vided for, and from said accounts compute the number of days each laborer has been em¬ ployed on the public roads in said county, and the number of days the said supervisor has been engaged therein, allowing in such computation ten hours of active work to constitute one day, and twenty-six days to constitute one month; and each laborer shall be paid at the rate of twenty-six dollars per month, and each supervisor at the rate of thirty-five dollars per month; and the said board of road commissioners shall deliver to said supervisor and each laborer, -signed by at least two members of the board of road commissioners, an order on the collector of taxes for his election district for the sum of money which may be found to be due to each of them as aforesaid; and at each of said monthly meetings, any person having a claim for the hire of horses, oxen, wagons, carts, plows, or for any implement hired by him to a super¬ visor of the roads, may present the same to the said board of road commissioners, and make affidavit before one of said board of commissioners as to the correctness of said account; and if the said board shall be satisfied that the same is proper to be paid, they shall give to said claimant an order, signed as aforesaid, on the collector of taxes of the district in which said claimant resides, for the sum of money said commissioners shall find to be due to said claimant. Ibid. 1880, ch. 366. 1888, ch. 160. 117. The county commissioners, at their annual meeting for levying county taxes, Road-tax levy shall levy on the assessable property of the county such sums of money as said and expenditure, board of road commissioners shall notify them in writing will be required for keeping in repair the public roads of the county for one year, not, however, to exceed the sum of four thousand dollars; and it shall be the duty of the said, board of road commissioners to give the said notice to the said county commissioners before the meeting of said county commissioners to make the annual levy; and the said road commissioners and the said county commissioners shall keep an account, showing the number, date and the amount of each order drawn by the board of road commis¬ sioners on collector of taxes as aforesaid; and in the annual statement of the expenses of the county published each year by the said county commissioners in pursuance or section 11 of article 25 of the code of public general laws, title “ County Commis¬ sioners,” it shall be made to clearly appear what sums of money have been expended in the public roads of said county; and no order drawn on the collector of taxes by the said board of road commissioners shall bear interest, unless the same shall be presented for payment to the county commissioners while the said county commis¬ sioners are in session for the purpose of receiving and passing accounts against the county, next succeeding the issual of said order. Salary of commissioners. Malfeasance in office. Width of roadbed. Drainage. Punishment for injury to drainage of roads. New gates across public roads. Gates across public roads forbidden. Removal of gates. 36 THE ROAD-LAWS OF MARYLAND , 1898, cli. 182. 118. Each of said road commissioners shall receive the sum of one hundred dollars, payable annually by the road commissioners out of the road fund, for per¬ forming the duties of his office. But upon any charge of malfeasance or misfeasance preferred against them, or any one of them, pertaining to the duties of their office, being sustained, they shall, upon conviction, be deemed guilty of a misdemeanor, and shall forfeit the salary then due them, in addition to a fine to be imposed by the court having criminal jurisdiction, in its discretion, and shall lose their office. And the county commissioners shall appoint some person to fill the vacancy occurring thereby until the next ensuing election for road commissioners. Ibid. 119. It shall be the duty of the supervisor, in preparing any roadbed where they have to throw up earth to allow proper drainage, to make such places in said roads wide enough for two vehicles to pass each other, and to remove and keep clear all obstructions at least fifteen feet from the center of said roads, and to require all owners to remove their fences which infringe on said road fifteen feet from the center of the same. (1888), art. 5. 1880, ch. 366. 120. If in the construction and repair of the public roads of the county it be neces¬ sary for the proper drainage of said roads, it shall be lawful for said road commis¬ sioners and the supervisors to let off the water therefrom upon the adjoining lands, at such places as may be proper and necessary; provided, it shall be done with as little injury as possible to the owners of said lands, and provided the drains through such lands be continued so as to prevent the spreading of the water so let off the roads over cultivated fields. 1880. ch. 366. 121. If any person shall obstruct, fill up or otherwise wilfully injure the drains made for conducting the water from the public roads, or shall encroach upon any public roads by fences or other obstruction, or dig any ditch or drain across any road, and fail to keep such ditch or drain welf covered and in good repair for the passage of vehicles over the same, or if any person shall drain any water into or upon any public road, each and every such person, for every such offense, shall be subject to a fine, for the use of the county, of not less than ten nor more than one hundred dollars. 1878, ch. 404. 122. It shall not be lawful for any person to erect a gate upon or across any public road in Calvert county where there is not now a gate already erected; and any person violating the provisions of this section shall, upon conviction thereof before a justice of the peace for Calvert county, be adjudged guilty of a misdemeanor, and be fined not more than fifty nor less than ten dollars, which fine shall be collected as other small debts are, and shall be paid to the county commissioners. 1880, ch. 305. 123. It shall not be lawful for any person to erect or keep any gate on or across any public road in Calvert county; and any person violating this section shall, on conviction thereof before a justice of the peace, be adjudged guilty of a misdemeanor, and be fined not less than twenty-five nor more than fifty dollars, which fine shall be collected as other small debts are, and one-half be paid to the informer and the other half to the county commissioners. Ibid. 124. It shall be the duty of the road supervisors to remove from the public roads in their respective districts or sections in said county, all and any gate or gates which they shall find thereon in violation of the provisions of the two preceding sections; any road supervisor or road contractor failing to remove any such gate or gates, shall MARYLAND GEOLOGICAL SURVEY 37 on conviction thereof before a justice of the peace, be adjudged guilty of a misde¬ meanor, and be fined not more tliau twenty nor less than ten dollars, one-half thereof to be paid to the informer and the other half to be paid to the county commissioners. 1892, ch. 141. 124 A. It shall be the duty of each of the road commissioners of Calvert county, on or before, the first day of April in each and every year, to examine the bridges in his election district and ascertain what amount of money will be necessary to build or repair the bridges in such district and if in his judgment the amount required shall amount to two hundred dollars or more in either district, it shall be the duty of the board of road commissioners to notify the board of county commis¬ sioners, on or before the annual levy in each year, of said amount, whereupon the board of county commissioners shall cause to be levied said estimated amount over and above the amount authorized to be levied annually for the building and repairing of the public roads of said county. Ibid. 124 B. All bridges to be built or repaired whose cost shall exceed fifty dollars shall be built or repaired by contract and the road commissioners shall advertise in at least one newspaper published in said county for two successive weeks, setting forth the place where said bridge is to be built or repaired, with specifications of the plans or materials and that sealed proposals for building or repairing said bridge will be received until a day and hour named in said advertisement. Ibid. 124 C. Upon the day and hour named for closing of the bids for the building or repairing of said bridge, the board of road commissioners shall, in the presence of at least one county commissioner of said county, open said sealed proposals, if there be any such proposals, and the contract shall be awarded to the lowest bidders who in the opinion of the road commissioners shall be qualified to build or repair such bridge; and the contractor shall be required to enter into bond with approved security, double the amount of the contract conditioned for its faithful performance, but in the event that there be no such proposals submitted then the road commissioners, as a body, shall have power to contract in the name of the said county with any one possessing the proper qualifications and ability subject to the provisions of this Act. Ibid. 124 D. When a contractor shall notify the road commissioners of the election district wherein the said work shall have been done, that the bridge is finished, he shall inspect the work, and if in his judgment it has been constructed according to the contract and specifications, he shall take the same from the hands of the con¬ tractor, and open it for public travel; and then, and not before, the contractor shall be entitled to receive the last instalment due thereon. Jbid. 124 E. It shall be the duty of the road supervisors to keep in repair and build all bridges the cost of which shall not exceed the sum of fifty dollars. Ibid. 124 F. It shall be the duty of the road commissioners to divide the amount levied by the county commissioners for the repairing the public roads into three equal parts, one of which parts shall be used in each election district of said county. Ibid. 124 G. No public road in Calvert county shall be opened or altered except by and with the approval and consent of the road commissioners of said county, who are hereby authorized and empowered to sit with the county commissioners of said county at the hearing of all applications for the opening and altering of said public road. Examination of bridges. Bridges to be built and repaired by contract. Award of contract. Inspection of work. Road supervisors’ duties. Distribution of road-taxes. Authority to change roads. County Com¬ missioners. Money paid to towns. Control of roads. Levy for roads. Notification for working on the road. Persons liable for service. Excuses. Hire of laborers. Use of supervisor’s own men. Rate of compensation. Supervisors’ accounts. 38 THE ROAD-LAWS OF MARYLAND (1888), art. YI. CAROLINE COUNTY. 1886, ch. 219. 54. They are authorized and directed to appropriate annually, and pay over to the town commissioners of the several incorporated towns in the county, a sum of money in their judgment sufficient to assist in improving and repairing the road¬ beds of said towns. 1870, ch. 479. 205. The county commissioners of Caroline, Talbot and Wicomico counties are authorized and empowered to control ?nd regulate the public roads in said counties. (1860), art. 6, sec. 152. 206. The county commissioners shall annually levy upon the assessable property of the county such sum of money as they may ascertain from the supervisors of roads in the county to be probably necessary for the repair of roads therein. Ibid. sec. 153. 207. Each supervisor shall call on the taxable persons of his district who are actually chargeable with taxes, and none other (except as hereinafter provided), at least two days before he intends working on said roads, exclusive of the day of notice and day of meeting, and notify them of his intention and the time and place of meeting to work on the roads, what utensils and implements they must bring, with carts and teams if necessary. Ibid. sec. 154. 208. The persons so notified shall furnish one-half of their able-bodied male hands (if required), except in time of wheat harvest, not under eighteen nor over fifty years of age, and also such utensils and teams as they have and may be required by the supervisor, under the penalty of one dollar for each hand and each team they may be required and shall fail to furnish, to be ^recovered by the supervisor, in the name of the State, before a justice of the peace as small debts are recoverable. Ibid. sec. 155. 209. The justice of the peace, at the hearing of each case so brought by the supervisor, may, in his discretion, allow reasonable excuses for such failure. Ibid. sec. 156. 210. All sums of money recovered by the supervisor under this subtitle shall be appropriated by him to the employment of hands to supply the deficiency of labor occasioned by such delinquencies, in which case, but in no other, the supervisors may employ persons not taxable. Ibid. sec. 157. 211. No supervisor shall employ more than half of his own able-bodied hands at any one time, nor at any other time than when he calls on the taxables of his district, except to repair bridges or remove accidental obstructions from the roads. Ibid. sec. 158. 212. The following shall be the rates of compensation for labor on the public roads, to wit: for every able-bodied hand, the sum of seventy-five cents per day; for every cart and team, the sum of one dollar per day. Ibid. sec. 159. 213. The supervisors shall annually return to the county commissioners a true account of all work done on the roads, and by whom done, in order that persons who have labored thereon may be credited by them in the county charges. MARYLAND GEOLOGICAL SURVEY 39 1860, art. 6, sec. 161. 214. If any person shall alter, change, obstruct or encroach upon any road in Caroline county, or cut down, destroy or purposely injure any bridge or causeway, he shall on conviction thereof in the circuit court, be fined in the discretion of the court in a sum not exceeding fifty dollars, to be applied to the use of the county. 1870, ch. 7. 215. In all cases when new roads are laid down in Caroline county, or dividing in any part of said county from adjoining counties, there shall be no gates allowed on said new roads, nor shall any gates be allowed on any of the public roads of the county. 1898, ch. 243. The county commissioners of Caroline county may, in their discretion, establish rules and regulations creating rewards and premiums to be paid or given to those citizens of said county who will use wide tires upon the vehicles driven upon the road of said county, or equip their vehicles with wide tires; and said commissioners shall have the power to establish by said imles and regulations the width of the tires which will entitle the owners of the vehicles to receive the premiums and rewards which may be established by the county commissioners under the authority of this Act. 1888, art. VII. CARROLL COUNTY. 1872, ch. 16. 1874, ch. 19. 19. The county commissioners are authorized and empowered to subscribe to the capital stock of any turnpike company, already organized or hereafter to be organ¬ ized in said county, in the name and for the benefit of said county, a sum of money not to exceed in any case four hundred dollars for each mile of road that may be made in said county, and a sum of money not to exceed four hundred dollars for each mile of turnpike made and completed by any company hereafter to be organized. Ibid. 20. They are authorized and empowered to issue the bonds of said county, or certificates of indebtedness to the amount of stock so subscribed, and negotiate said bonds or certificates of indebtedness upon the most favorable terms; provided, such bonds shall not be sold at less than par;, and the county commissioners are authorized to levy upon the assessable property of the county an amount sufficient to pay the annual interest upon said bonds, and the principal at maturity. Ibid. 21. They shall be entitled to be represented in all meetings of stockholders, and shall vote in all elections of directors in all of said companies, in proportion to the stock held by them in said companies, respectively. 1862, ch. 216. 134. The county commissioners are authorized, in their discretion, to resurvey and mark and bound the public roads in said county, when and where they may deem such resurvey necessary and expedient. Ibid. 135. Whenever the said commissioners shall deem it expedient that any of the public roads in said county shall be resurveyed, they shall appoint three persons not interested, nor holding lands through which said road may pass; and the persons so appointed, or a majority of them, after giving thirty days’ public notice thereof, shall meet on the premises and resurvey and mark and bound such public road, according to the best evidence they can obtain of the location thereof, either by Injury to roads. Gates. Broad tires. Subscriptions to stock in turnpike companies. County bonds for amount subscribed. Vote as stockholders. Resurvey of roads. Method of procedure. 40 THE ROAD-LAWS OF MARYLAND Examiners’ oath. Commissioners’ judgment. Record. Obstruction toi contemplated country roads. Road commis¬ sioners. Oath of office. examination of witnesses, or by reference to former surveys, or by personal inspec¬ tion of such road; and in the absence of other sufficient and satisfactory evidence, the said persons so appointed as aforesaid are authorized to adopt the center of such road as the center thereof acccording to its true location, and to mark and bound such road accordingly, giving it the proper width to which it may be entitled, being not less than thirty feet in any case; and they shall make and return to the said county commissioners a plat of such road, with a full report of their proceedings under their hands. 1862, ch. 216. 136. The said examiners, before they proceed to act, shall take an oath to execute the trust reposed in them by the commissions issued to them, faithfully and without favor, affection or partiality; which oath shall be endorsed on the commission and return. Ibid. 137. After the expiration of ten days from the return of the examiners, the county commissioners, after heading and 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 continuance necessary for the purposes of justice; and the final judgment of said commissioners, or of 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 land records of said county by the clerk of the circuit court in a separate book, to be by him provided for that purpose; and for such recording, the said clerk shall be entitled to charge and be paid by the county commissioners, according to the rate for recording such matters, authorized by law; and the resurvey of such road as established and confirmed by the judg¬ ment 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 said roads. 1882, ch. 444. 138. It shall not be lawful for any person in 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 appli¬ cation has been refused by the county commissioners. 1896, ch. 75. 139. The county commissioners of Carroll county shall, in the month of March, in each and every year after the passage of this act, appoint three road commissioners in each election district of said county, except in the thirteenth election district of said county, in which district but one road commissioner shall be appointed, who shall be qualified voters and taxpayers in said respective election districts, and who shall have been bona fide residents of the county for at least two years prior to his appointment and in the district where three road commissioners shall be appointed, two of said commissioners shall be selected from the dominant political party in the county and one from the minority party. 1892, ch. 164. 140. Within twenty days after their appointment, or as soon thereafter as may be, the said road commissioners for each election district shall take the oath of office prescribed by the constitution before the clerk of the Circuit Court, and shall organize by electing one of their number chairman; two shall constitute a quorum for the transaction of business; when so organized they shall have full control of the con¬ struction, and repair of the public roads and the small bridges not costing over one hundred dollars apiece in their respective districts and shall have full power to determine and fix the rate of a special tax to be levied as hereinafter provided, for the construction and maintenance of such roads and bridges as are wholly within MARYLAND GEOLOGICAL SURVEY 41 the limits of their respective districts, and to co-operate [with] the road commissioners of adjoining districts in the construction and maintenance of joint bridges between said districts. 1892. ch. 164. 141. Said road commissioners, or a majority of them, shall have power to appoint for their respective districts as many road supervisors as they may deem advisable for the proper maintenance of the roads and bridges, as aforesaid, in said districts, and to remove the same and to appoint others in their discretion, provided, that in appointing such supervisors preference shall be given to persons through whose lands the roads are located, they shall direct said supervisors in the work of constructing, repairing and maintaining the roads and bridges under their supervision, and fix the price of labor and material thereon. Ibid. 142. Said road commissioners, or a majority of them in each district, shall have power to, and shall determine and fix the rate of a special tax to be levied on all assessable property in said district, not to exceed the sum of twenty cents on every one hundred dollars valuation, for the construction and maintenance of said roads and bridges in said district, and due proportion of the joint bridges between said district and adjoining district, and shall report the rate so determined and fixed to the county commissioners on or before the first day of May in each and every year; taxes, at rates so reported for the various districts, shall be levied by the county com¬ missioners when county taxes are levied, annually, and collected by the county tax collectors as county taxes are collected and under the same provisions of law, and shall be paid by said collectors to the county treasurer, who shall keep an account of the receipts and disbursements thereof for each district separate from all other accounts, in books prepared for the purpose, and shall publish an annual statement thereof for each district, along with the annual statement which the county com¬ missioners are by law to publish. 1896, ch. 75. 143. Each of the said ,road commissioners shall receive for his services compensa¬ tion at the rate of two and one-half dollars per day; provided, however, that no one of them shall receive more than fifty dollars per annum, except in the thirteenth election district, in which district the road commissioner shall receive annually seventy-five dollars; and the entire cost of the construction and maintenance of the roads and bridges in any district and a proportionate share of the joint bridges between said district and adjoining districts, under the provisions of this act, including the per diem of the road commissioners for said district, shall be paid out of the special tax levied and collected in said district, and no part thereof shall be paid by the county commissioners out of the levy for county purposes; the county treasurer shall make regular payment on vouchers certified and approved by the road commissioners, or a majority of them, in districts where there are three, and in the thirteenth election district by the road commissioners for said district, and shall carefully preserve said vouchers and no payment shall be made without such certification and approval. 1892, ch. 164. 144. Nothing in this act shall be construed to impair or abridge the general control over the property owned by the county, and over county roads and bridges, now vested by law in the county commissioners except as therein specifically pro¬ vided, or their power to resurrey and mark and bound the public roads in said county and to lay out new roads, or the method of doing the same; and in case of disagreement in reference to the duties of said road commissioners or appeal from any order or decision made by them, the county commissioners shall be the judges of what is right and their decision shall be final. ±886, ch. 283. 140 [o. s.]. It shall be the duty of the county surveyor of Carroll county to survey all public roads to be hereafter opened, altered or changed, and to make a plat and certificate of survey for the use of the examiners appointed by the county commis- Road supervisors. Special tax. Compensation of Road Commis¬ sioners. Control of property, roads, etc. Duties of county surveyors. 42 THE ROAD-LAWS OF MARYLAND sioners to open, alter or change any such public road in said county; and the county commissioners shall not, nor shall said examiners, appoint or direct any other sur¬ veyor than the said county surveyor to make said survey and plat, unless the said county surveyor shall, from sickness or any other cause, fail or refuse to make said survey and plat within a reasonable time after being requested by the commissioners or examiners to make said survey and plat; in which event either the commissioners or examiners may appoint some competent person to make said survey and plat. . 1886, ch. 283. Compensation. 141 Co. s.L The compensation of the county surveyor for said services shall be four dollars a day for each and every day so engaged, and three dollars additional for making a plat and report to the examiners, the same to be paid by the county commissioners. (1888), art. VIII. CECIL COUNTY. 1894, ch. 387. Supervision of 106 B. And for the purpose of supervision of the public roads therein, Cecil county public roads. s b a n fo e divided into three commissioners’ districts as follows: The first, second and third election districts shall compose the first commissioner’s district; the fourth, fifth and ninth election districts shall compose the second commissioner’s district, and the sixth, seventh and eighth election districts shall compose the third commissioner’s district; and the commissioner residing in the said commissioner’s district, if any, shall have supervision of the public roads within the same. (1860), art. 8, sec. 175. Gates. 307. No gates shall remain or be erected on any public road in Cecil county, with¬ out an application by petition to the county commissioners who may authorize them to be erected, in their discretion, but only in the first election district of the county. Ibid. sec. 176. Removal of gates. 308. If the county commissioners shall become satisfied that any gate which they have authorized to be erected is unnecessary, they shall give sixty days’ public notice to the person who erected the same to remove it, after which time, if the gate be not removed by said person, he shall forfeit and pay a sum of twenty-five dollars for every gate not removed, and an additional fine of one dollar per day for every day said gate shall remain after the expiration of the sixty days’ notice. 1884, ch. 45. Drainage into a 319. It shall be unlawful for any land owner to drain water from his lands into public road 0 r upon any public road, and the person so offending shall be liable to indictment unlawful. ^ grand jury, and upon conviction shall be fined not less than ten nor more than one hundred dollars; said fine to be paid into the county treasury to the credit of road and bridge account; and if, in the construction and repair of public roads, it be necessary for the proper drainage of said roads to let off the water therefrom upon the adjoining lands, the county commissioners shall award to the owner of Damages for said lands reasonable compensation for the privilege, and shall construct drains drainage from through such lands so as to prevent the spreading of the water over cultivated fields; e roa ‘ but nothing contained in this subtitle of this article shall be so construed as to apply to the natural course of water from the public roads into and upon adjoining lands or from said lands into and upon the roads. Ibid. Injury to drains 320. It shall be unlawful for any one to obstruct, fill up or otherwise injure the and ditches or drains made for conducting water from the public roads, or the ditches on the sides the obstruction of gai( j roa( j S) or obstruct any road by moving fences out upon the same, or placing other obstructions thereon, or to dig any ditch or drain across any road, without first having procured an order from the county commissioners to do so, MARYLAND GEOLOGICAL SURVEY 43 and to neglect to keep such ditch or drain well covered and in good repair for the passage of vehicles over the same; and all persons so offending shall upon conviction he fined not less than ten nor more than one hundred dollars, said fine to be paid into the county treasury to the credit of the road and bridge account; and when any unlawful obstruction or injury to a public road shall be reported to the road commissioner, in whose road district the same is located, he shall forthwith remove said obstruction, or repair said injury, at the cost of the person causing the same; and if such person shall refuse to pay the cost to the road commissioner, the county commissioners shall pay the same and institute suit at once against him to recover said costs. 1884, ch. 45. 321. Whenever any doubt may exist as to the proper location or width of any Survey of a road, road, the county commissioners may cause the same to be surveyed, and in their discretion make such alterations as the convenience of the public may require, and may compensate any owner of land along said road who may be entitled to com¬ pensation in consequence of said alterations. (1888), art. IX. CHARLES COUNTY. 1898, ch. 284. 157. It shall be the duty of the county commissioners to provide for the repairs of Levy for roads, all the public roads and bridges of the county, and for that purpose they shall levy upon the assessable property of the county, and pay the expenditures for such repairs, and all incidental expenses arising therefrom; provided, however, they shall not expend for such purpose in any one year more than the sum of ten thousand dollars; and they shall divile the county into road districts, and the roads into sections and appoint supervisors over the same not exceeding nine in number, who shall receive Road districts and one dollar and fifty cents a day for every day actually spent in the performance supervisors, of their duties as such supervisors, the account of which they shall itemize and swear to before the county commissioners, and shall be paid monthly therefor; said super¬ visors to hold their offices for the term of one year, and until their successors are appointed, and to give bond as set forth and required in section one hundred and fifty-nine of this Article, and it shall be the duty of said supervisors to keep in repair the roads and bridges of the county, under the direction and regulation of the county commissioners. For any neglect of duty they, shall be subject to removal from office, and to deduction from their compensation by the county commissioners, and for that or any other malfeasance in office they shall be also liable to indictment in the circuit court for said county; provided, further, however, that whenever, in their judgment and discretion, the said county commissioners shall find it necessary to open up and construct any new road in said county, and that the fund hereinbefore provided Construction of for shall not be sufficient for the same, they may levy such amounts as, in their judg- new roads, ment, may be sufficient for the said new road; provided, that said new road shall not be less than three miles in length, and the amount to be levied for such new road or roads shall in no event be more than twenty-five hundred dollars in any one year; and provided, further, for the opening and construction of such new road or new roads as aforesaid, the said county commissioners may make provision by the appointment of a special supervisor and laborers, and if they shall deem it best for the interest of the county, or by contract, or by the supervisor or supervisors of the road district or districts in which the said new road may lie. And the com¬ missioners are hereby authorized whenever in their judgment there may be special and urgent reasons therefor, to require and order a road supervisor of one district, and the laborers under him, to perform work in another district or other districts of said county. 1886, ch. 194. 158. The wages allowed for the payment of laborers hired to work on said roads Wages for laborers, shall not exceed one dollar per day; and it shall be the duty of the county commis¬ sioners to provide for the payment of said laborers within one month after said work has been rendered. 44 THE ROAD-LAWS OF MARYLAND Permanent corps of laborers. Draining on adjoining lands. License to haul timber. Penalty. Injury to drains. Gates. Interference with supervisor. 1874, ch. 493. 159. The county commissioners, if in their discretion they deem it expedient, may make provision for the employment of one or more permanent corps of laborers, not exceeding nine corps for the county, for the repair of the roads and bridges in the county, under the supervision of an officer of sufficient skill and experience for the purpose; and they shall require any officer appointed for such purpose to give bond in such penalty and with such security as they may fix and approve, and with such conditions as they may prescribe in regard to the duties to be performed, the use, safe keeping, due return of all property placed in his charge, and the proper disposal of all moneys coming into his hands for road purposes. 1870, ch. 294. 160. If in the construction and repair of the public roads of the county it be necessary for their proper drainage, it shall be lawful for the supervisors or other road officers of the county to let off the water therefrom upon the adjoining lands, at such places as may be proper and necessary; provided, it shall be done with as little injury as possible to the owners of said lands, and provided the drains through such lands be continued so as to prevent the spreading of the water so let off the roads over cultivated fields. 1892, ch. 698. 160 A. It shall be lawful for the county commissioners of Charles county in their discretion to require all persons who may engage in hauling heavy timber (not cord wood) in Charles county, for commercial purposes, between the first day of December of any year and the first day of May following, to pay a license not exceeding the sum of five dollars per month; and if the said license shall be imposed, all money derived therefrom shall be applied to the county road-fund. Ibid. 160 B. If the county commissioners should impose such a license any person neglecting or refusing to procure the same shall be subject to a fine of not less than five dollars nor more than one hundred dollars in the discretion of the court ti*ying the case, said fine to be collected as other fines and forfeitures. 1870, ch. 294. 161. If any person shall obstruct, fill up or otherwise wilfully injure the drains made for conducting the water from the public roads, or shall encroach upon any public roads by fences or other obstructions, or dig any ditch or drain across any road, and fail to keep such ditch or drain well covered and in good repair for the passage of vehicles over the same, or if any person shall drain any water into or upon any public road, each and every such person, for every such offense, shall be subject to a fine for the use of the county, of not less than ten nor more than one hundred dollars. 1878, ch. 324. 162. It shall not be lawful for any person, with or without the consent of the county commissioners, to erect, have or keep any gate upon the public roads of Charles county, and the road supervisors of said county shall cause all gates to be removed therefrom in their respective districts. 1876, ch. 291. 163. Any person who shall in any way or manner hinder, molest, obstruct or disturb any supervisor in the performance of the duties required of him under the provisions of the preceding section, shall be deemed guilty of a misdemeaner, and be liable to presentment and indictment by the grand jury, and shall on conviction thereof in a court of law, be fined in the sum not less than twenty-five dollars or more than one hundred dollars, and be imprisoned in the county jail not less than thirty days nor more than ninety days, or both, in the discretion of the court before which he shall be tried and convicted; the said fine to be applied to the road fund of the county. MARYLAND GEOLOGICAL SURVEY 45 1876, ch. 291. 164. Any supervisor who shall fail or neglect to perform the duties under section 162, shall be guilty of a misdemeanor, and be liable to presentment and indictment by the grand jury, and on conviction in a court of law, shall be fined not less than fifty dollars nor more than one hundred dollars, in the discretion of the court; said fine to be applied to said road fund. 1878, ch. 123. 1880, ch. 344. 165. The road running from Glymont, through Cornwallis’s neck, to the mouth of Mattawoman creek, in Charles county, and the road leading from the public road from New Port to Budd’s creek, in Charles county, through the lands of John L. Budd to the Wicomico river, are excepted from the provisions of section 162. (1888), art. X. DORCHESTER COUNTY. 1896, ch. 85. 267. The county commissioners of Dorchester county are hereby authorized, em powered and required to levy a tax upon the assessable property in said county, and collect it from the taxpayers therein, an amount they may deem necessary, not to exceed ten thousand dollars ($10,000), which shall be applied, or so much thereof as may be necessary, for repairing and improving the public roads and bridges, and for opening new roads in the said county. The funds so acquired for appropriations by the county commissioners, shall be proportionately expended in the several election dis¬ tricts of the county where exigencies most require to keep the roads in the best possible condition for public travel and use. The said county commissioners shall have entire management and control over all repairs and improvements to be made on the public roads and bridges thereon throughout the county, and may adopt any method which in their judgment will give the greatest benefits to the public for the money expended. They may contract to the lowest responsible bidder for any or all bridge materials and work, repairs of roads and building new roads; and such contractors, as well as any other persons who may be authorized to do this said work, shall be designated and known as road supervisors. Ibid. 268. The county commissioners are authorized to use any part of the money so levied for roads to purchase oyster-shells; and whenever the residents along any main public road may bind themselves to transport, haul and spread shells upon such road, the commissioners shall purchase and pay for such oyster-shells, and the work embraced in this section, together with all other work done upon the county road, shall be under the direction and supervision of the said county commissioners. 1878, ch. 477. 273. The supervisor may, as often as necessary, take and remove any stone, gravel or earth which may be found on any lands adjoining the public roads and use the same in repairing roads; and may cut down any trees growing on any lands next adjacent to places where bridges may be necessary, and apply the same to the mak¬ ing or repairing of such bridges or causeways; provided, that when private property is used for making or repairing bridges or roads* the owner shall be paid by the county commissioners the customary price for such timber, plank, earth or other materials. Ibid. 274. The supervisors may hire and employ carts and teams for carrying and removing all such stones, dirt, gravel and timber as may be deemed necessary for repairing roads and bridges, and the cost of such carts and teams shall be levied upon the county. Negligence of supervisor; penalty. Exceptions to section 162. Tax for roads. Purchase of oyster-shells. Material for repairs; how procured. Hire of carts and teams. 46 THE ROAD-LAWS OF MARYLxVXD 1878, ch. 477. Repairs to bridges 276. All bridges properly built or repaired, which shall be broken down by timber heavy wagons 7 carts or wa S° ns heavily loaded, or by carts, shall immediately be substantially re¬ paired by the owner of said carts or wagons; and if said owner neglects or refuses to repair such bridges he shall be responsible to any individual for all damages sustained by him by reason of the broken bridge, and for all costs which the road supervisor may expend in repairing them, to be collected before a justice of the peace as small debts are collected. 1892. ch. 431. System of drainage 277. The board of county commissioners be and they are hereby authorized and improvement* 2m P 0wered to adopt, if in their judgment they think it necessary and proper so to do, a scientific and thorough system of drainage and general improvement for the public county roads of Dorchester county; whenever the same may be needed to accomplish this purpose the said board are authorized and empowered to engage the Engineer, services of a competent surveyor and engineer who shall have charge of and super¬ intend such drainage and improvements as shall be adopted; it shall be the duty of such surveyor and engineer on complaint of three or more citizens and taxpayers of the county to go over, examine and report to the board of county commissioners what if any drainage or other improvement is necessary for the board complained of together with an estimate of the cost of doing the same; and if in the judgment of said board, after receiving said report and estimates, said drainage shall be necessary, the said board shall order the said surveyor and engineer to proceed to lay off such ditch or ditches as may be necessary and outlets for the same to some creek or branch which may be a natural drain with ascertained depths and widths for the complete and perfect drainage of the same and to advertise and let out the cutting, widening and cleaning out of such ditch or making other improvements on the same to the lowest bidder for cash, the terms and character of such advertising to be such as may be adopted by said board; it shall be the duty of such surveyor and engineer to supervise the cutting or cleaning of such ditch or ditches and other improvements, and no ditch or ditches or other improvements shall be received or paid for until after the same has been examined and reported by said surveyor and engineer to be perfect and in all respects to conform to the requirements of the contract for cutting or making the same and the drainage and other improvements of such road, com¬ pletely effected, and the said board of county commissioners shall have such power and authority to condemn outlets for such drainage through private property as is now or hereafter may be conferred by the Code of Public General Laws of the State of Maryland for condemning public highways, and the said board are authorized to allow and pay said surveyor and engineer for his services four dollars per day for every day he may be actually engaged in such service for the county. Ibid. Bonds. 277 A. In order to procure the money or moneys necessary to adopt such system of drainage and improvement of the public road as provided for in the foregoing section, the board of county commissioners are hereby authorized and empowered to issue from time to time and put upon the market bonds to be denominated Dorchester county road bonds for an amount not exceeding fifty thousand dollars in the aggre¬ gate, which bonds shall be issued in amounts of not less than one hundred dollars for each bond, payable in fifty years from the date thereof, and bearing interest at the rate of four per cent per annum, the interest to be provided for by levy on the assessable property of the county each year after the same or any part thereof have been issued and disposed of; said* bonds shall not be subject to taxation for State, county and municipal purposes, and after twenty years from the date of said bonds the said board of county commissioners shall make provision by levy annually for such amount as may be necessary to meet and pay the principal of said bonds at their maturity. 1878, ch. 477. Negligence of supervisors; 278. Any-supervisor who shall fail in tho performance of any of his duties, shall penalty! be deemed guilty of a misdemeanor; and any person damaged or delayed on account MARYLAND GEOLOGICAL SURVEY 47 of the bad or dangerous condition of the roads may report the same, under oath, to a justice of the peace of the election district in which he is supervisor, and the justice to whom such report is made shall issue his warrant in the name of the State for such supervisor so reported, to be directed to some constable of the district, directing him to bring such supervisor before him for trial; and if, upon trial, it shall appear that such public roads over which he is supervisor are in a bad or dangerous condition, owing to his neglect of any of the duties prescribed in this subtitle of this article, and such neglect was not caused by sickness of himself or family, then the justice of the peace shall fine the supervisor not less than five dollars nor more than ten dollars and costs; provided, that in all cases when fines shall be imposed under this section, any supervisor feeling himself aggrieved may appeal to the circuit court, as in other cases, provided he shall, within ten days, enter into bond with security, for fifty dollars, to prosecute his appeal with effect. 1878, ch. 477. 279. Each of the five county commissioners shall be and act as general road supervisor of the commissioner district from which he has been elected, or to which he shall be assigned by his co-commissioners, and shall have special supervision of the acts, duties and accounts of the road supervisors appointed in his said district by the county commissioners, as is now or hereafter may be provided by law; it shall be his duty to inspect the roads in his said commissioner district and report the condition thereof to the board of county commissioners for their action in the premises; no road bill from his district shall be passed by the county commissioners until he shall have examined and reported on the same; it shall be his duty to notify the several road supervisors of his district of such needed work upon their respective roads as comes to his knowledge, and to report for the action of the grand jury any gross neglect of said road supervisors, and such obstructions to public travel, and road nuisances, as come to his notice; and for every day that he may be actually engaged in the inspection of the roads of his district he shall be entitled to charge the same on his account as county commissioner; always provided, that his entire compensation as county commissioner shall not exceed the sum of two hundred dollars per annum. (1888), art. XI. FREDERICK COUNTY. 1880, ch. 47. 61. It shall not be lawful for any person to affix any flood-gate, water-rack, fence or obstruction of any kind to the free flow of water to any county bridge in Frederick county, or to place any flood-gate, water-rack, fence or obstruction of any kind to the free flow of water against any such bridge; and the road supervisors of said county are authorized and required to remove any flood-gate, water-rack, fence or obstruction of any kind to the free flow of water, that is, or may be affixed to or placed against any county bridge in said county. 1870, ch. 2. 1872, ch. 13. 85. Whenever three-fifths of the capital stock of any turnpike company in Frederick county, chartered and organized between the first day of January, 1868, and the fourth day of April, 1888, or to be hereafter organized, shall have been subscribed for and taken by responsible bona fide stockholders, the county commissioners of said county are authorized and empowered to subscribe for such portion of the remaining two-fifths of the said capital stock as they, in their discretion, may deem proper, in the name and for the benefit of said county, and shall be entitled to be represented at all meetings of the stockholders of said company by the county com¬ missioners for the time being, or by such person as may be duly authorized by them; provided, said road or roads so subscribed to shall be graded for a width of twenty feet, fourteen of which shall be covered with stone, of an average depth of nine inches. Duties of county commissioners. Flood-gates or other obstructions forbidden at bridges. Subscription for stock in certain turnpike companies. 48 THE ROAD-LAWS OF MARYLAND 1870, ch. 2. 1872, ch. 13. Issue of county 86. They are authorized to issue the bonds of the county to the amount of the bonds for same, stock so subscribed, and to negotiate said bonds upon the most favorable terms; provided, they -shall not be sold for less than par; and they are authorized to levy upon the assessable property of the county an amount sufficient to pay the annual interest upon said bonds, and the principal at maturity. 1872, ch. 118. Limitations on 87. They shall not be authorized to issue any bonds or credit of the county, or preceding, subscribe to any turnpike company, as authorized by the preceding section, until the board of stockholders of said company shall first have filed a statement under oath, in the office of said commissioners, that the total amount of three-fifths, sub¬ scribed for by private stockholders of said company, as provided by said section, has been fully and entirely paid up. 1888, ch. 211. Subscription for 92. Whenever two-fifths of the capital stock of any turnpike company in Frederick certain tiirn^ke county » chartered and organized after the fourth day of April, 1888, shall have been companies, subscribed for and taken by responsible bona fide stockholders, the county commis¬ sioners of said county are authorized and empowered to subscribe for such portion of the remaining three-fifths of the said capital stock as they, in their discretion, may deem proper, in the name and for the benefit of said county, and shall be entitled to be represented, at all the meetings of the stockholders of said company, by the county commissioners for the time being, or by such persons as may be duly authorized by them; provided, said roads so subscribed to shall be graded for a width of twenty feet, fourteen of which shall be covered with stone of an average depth of nine inches; provided, also, that in accordance with the provisions of article three, section fifty-four, of the constitution, this and the succeeding section shall be published in the newspapers printed in said county for two months before the election in 1889 for members of the house of delegates, and shall also be approved by a majority of all the members elected to each house of the general assembly at its session of 1890. 1890, ch. 78. To sanction Chapter two hundred and eleven of the acts of eighteen hundred and eighty-eight, preceding section, entitled an act to authorize the county commissioners of Frederick county to sub¬ scribe to the capital stock of turnpike companies in said county, having been published two months before the last election for members of the house of delegates in two newspapers published in said county, in accordance with the provisions of article three, section fifty-five of the constitution of Maryland, is hereby sanctioned and approved. 1888, ch. 211. Issue of bonds 93. The county commissioners of the said county are authorized to issue the bonds for same. 0 f the county to the amount of the stock so subscribed, and to negotiate said bonds upon the most favorable terms; provided, they shall not be sold for less than par. And rhe said county commissioners are authorized to levy, upon the assessable property of the county, an amount sufficient to pay the annual interest upon said bonds, and the principal at maturity. 1888, ch. 470. Sale of county’s 94. When a majority of the directors of any turnpike company, organized and stock, chartered, or to be hereafter organized and chartered in Frederick county, shall so request, the county commissioners of said county, after due notice, not less than two weeks prior to the day of sale, in two newspapers published in Frederick county, one at least of which shall be published in Frederick City, shall proceed to sell at the court-house in Frederick City, at public auction, for cash, the capital stock owned and held by said county in the turnpike company so making the request; provided, that no part of said capital stock shall be sold for less than par, and that no more than ten shares of said capital stock shall be offered and sold under one bid. MARYLAND GEOLOGICAL SURVEY 49 1872, ch. 86. 95. The county collector at the time of making hi& final settlement, as such collector, with the county commissioners, shall return on oath to the said county commissioners a full and particular list of all persons entitled to sums of money ap¬ propriated for his use and not paid over during his term of office, and the amount of money so appropriated to each person; and it shall be the duty of the county com missioners to publish, in at least one newspaper published in said county, a list of such appropriations made and not paid over, with the names of the persons entitled to such appropriations and the amounts appropriated and due; and in case the person to whom such appropriations are payable shall not, within two months from the date of such publication, demand from the collector the amount appropriated to him, it shall be the duty of said collector to pay over to the county commissioners the sum of money not paid over to the person entitled to the same, and the same shall be kept by the county commissioners subject to the order of the person entitled thereto; and in case the said collector shall fail, neglect or refuse to pay over such unpaid appropriations, on demand made by the county commissioners, then it shall be the duty of the county commissioners to institute suit on the bond of such col¬ lector, and to assign generally the breach that said collector has failed or refused to pay over to the county commissioners the balance in his hands as such collector under this section. 1892, ch. 426. 95 A. In all cases in which petitions are filed for the opening, altering or closing of public roads in Frederick county, under the provisions of article twenty-five, of the Code of Public General Laws, the county commissioners shall first determine whether the public convenience requires the opening, altering or closing of the public road as petitioned for, and to that end may visit in a body or by a committee of their own number appointed for that purpose, the locality in which it is proposed to open, alter or close such public road and ascertain the required conveniences of the community through which it is proposed such new, altered or closed road shall run, and if they shall be of opinion that the public convenience of such community does require the opening of a new road, or the altering or closing of an old road, as the case may be, but that such convenience would be better served by the adoption of a different location than that mentioned in the petition, they shall so determine and shall cause a survey and plat of the proposed new road or alteration to be made by a competent surveyor upon such location or route as in their judgment will best promote the public convenience. Ibid. 95 B. Whenever the county commissioners shall decide that it is expedient that a road be opened or altered 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 required for the opening or altering of said road, if he, she or they be competent to contract; and in case the said county commis¬ sioners shall so contract, they shall cause said survey and plat to be recorded in the office of the clerk of the circuit court for said county, which said survey and 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 the lands of other county roads, and no further, subject to the public’s right of way over the same; and the said county commissioners shall also cause such survey and plat to be filed and recorded in their own office, with their other proceedings in connection with such public road. Ibid. 95 C. It shall be lawful for the said county commissioners of said county to contract for land for drains 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 the said county commissioners 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 lands that may be required 4 Disposal of money collected by county collector