COUNTY COMMISSIONERS 1007

This section, and secs. 2 and 13, referred to in upholding the constitutionality of art.
91, sec. 46, et seq. (1924 Code). Bonsai v. Yellott, 100 Md. 500.

For a case involving the act of 1853, ch. 239, sec. 1, see Anne Arundel County v.
Duckett, 20 Md. 475.

This section referred to in upholding constitutionality of an act authorizing county
commissioners to appoint a game warden to be recommended by Game and Fish
Protective Association. McCurdy v. Jessop, 126 Md. 321.

This section was repealed as to Prince George's County by the act of 1900, ch. 346.
Blundon v. Crosier, 93 Md. 359. (See also act 1910, ch. 90.)

Cited but not construed in Prince George's County v. Commissioners of Laurel, 51
Md. 461; Gaver and Frederick Co., 175 Md. 648.

Cited in construing Art. 89B, Secs. 9-19. Howard Co. v. Leaf, Daily Record, Oct.
30, 1939.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, sec. 2. 1888, ch. 467. 1906, ch. 249.

2. They shall also in their respective counties have control over all
the public roads, streets and alleys, except in incorporated towns in their
respective counties, and make such rules and regulations for repairing,
cleaning, mending and perfecting the same, and providing for the pay-
ment of the cost of the same, as they may deem necessary; they shall also
have power to levy a tax or license fee upon dogs and bitches owned, kept
or harbored within their respective counties, and to provide for the en-
rollment of said dogs and bitches, and the collection of the tax or license
fee thereon; and out of the tax or license fees so collected they may pro-
vide for reimbursing owners of sheep or cattle for losses sustained by the
killing of sheep or cattle by dogs and bitches other than those owned, kept
or harbored by the owner of said sheep or cattle; they may make all nec-
essary rules and regulations for allowing and paying bounties for the kill-
ing of hawks, owls, crows, minks, foxes, wild-cats and other and like
destructive and harmful wild animals and birds; they may make all neces-
sary rules and regulations for the erection or removal of gates and fences
across or obstructing the public highways in their respective counties.

This section referred to in a case involving the right of a municipal corporation
to an accounting from a county for a proportion of county road tax which should
be paid to the city for its streets, etc. Carroll County v. Westminster, 123 Md. 199.

This section and sec. 1 confer the power and impose the duty upon the county
commissioners to keep the public roads in a safe condition; hence, they are liable
for injuries resulting from the failure so to do. This liability arises from these sec-
tions, and where they are prevailed over by a local law depriving the commissioners
of such powers and duties, their liability no longer exists. Baltimore County v.
Wilson, 97 Md. 209. And see Bonsai v. Yellott, 100 Md. 500; Richardson v. Kent
County, 120 Md. 155.

What must be shown to hold the county commissioners liable for personal injuries
due to their failure to keep the road or bridge in repair. It is not necessary to trace
knowledge of a defect to the commissioners—knowledge acquired by the road super-
visor is imputed to them. The commissioners' liability is statutory, and they cannot
excuse themselves by the fact that the road supervisor is also required to keep the
road in repair. Misleading instructions. Adams v. Somerset County, 106 Md. 202;
Baltimore County v. Wilson, 97 Md. 209; Harford County v. House, 106 Md. 443.

County commissioners have discretion to determine which public roads at any
time need repairing, etc., and amount to be expended. Blundon v. Crosier, 93 Md. 358.

What is a "public road"? State v. Price, 21 Md. 454.

This section was repealed as to Prince George's County by the act of 1900, ch. 346.
Blundon v. Crosier, 93 Md. 358. (See also act 1910, ch. 90.)

This section and sec. 14 referred to in holding that Road Directors of Allegany
County could condemn land for highway purposes in incorporated town; power to
build permanent and temporary bridge. Brady v. Road Directors, 148 Md. 506.

Cited in construing Art. 89B, Secs. 9-19. Howard Co. v. Leaf, Daily Record, Oct.
30, 1939.

See notes to sec. 1.

1937, ch. 155.

3. The County Commissioners of each county and the legislative body
of each incorporated city or town in the State shall have full power and