392

LAWS OF MARYLAND.

the construction or improvement of any road shall be paid

by the State.

SEC. 12. And be it enacted, That no one county of the State

State funds.

shall receive in any year a larger proportion of the total

amount appropriated by this Act for said year than the pro-

portion which the then existing miles of public road in said

county bear to the then existing miles of public road in all of the

counties applying as determined by the said commission, un-

less a balance remains unallotted under the arrangement above

prescribed, in which event said balance may be apportioned

in the same manner among the counties which have not

received the full amount of their applications.

SEC. 13. And be it enacted, That any road constructed

County road.

under the provisions of this Act shall thereafter be a county

road, and the duty of keeping the same in repair shall de-

volve upon the county in which it is situated ; and all other

powers and duties respecting such roads shall be imposed

upon and invested in said county ; and the Board of County

Commissioners shall provide all moneys necessary to keep

in a proper state of repair the roads constructed under this

Act; and it shall be the duty of the commission to notify

the Board of County Commissioners of all such repairs as

they may deem necessary to be made to such county roads ;

and immediately on such notification the Board of County

Commissioners of such county shall cause such repairs to

be made according to the direction and to the satisfaction

of said commission, and if said Board shall refuse or neglect

to make such repairs within thirty days from the date of

such notification by said commission, said county shall not

thereafter receive any further assistance provided for in this

Act until such repairs have been made ; and any five tax-

payers of such county may apply to the Circuit Court of

said county for a writ of mandamus to compel said Board

to make such repairs as aforesaid ; and when such applica-

tion is made, the Court, upon a rule to show cause or other-

wise, in such manner as the Court shall prescribe, shall ascer-

tain and determine such road as aforesaid is in a proper state

County to pay

of repair, and it shall not issue a mandamus requiring the

counsel fee.

said Board to make the necessary repairs, and may also in

its discretion allow to the attorney of the applicants a reason-

able counsel fee to be paid by said county.

SEC. 14. And be it enacted, That any county in which the

Control of
roads.

control of the public roads is now or may hereafter be vested

in any body other than the Board of County Commissioners,