472 LAWS OF MARYLAND. [Ch. 331]

cents on the one hundred dollars of the assessable basis of
Wicomico county, unless otherwise ordered by the County Com-
missioners. And all other money expended beyond the amount
of said road fund shall be included in the report of the County
Road Engineer as well as money expended from the road fund.

121. Any person appointed under the provisions of this act,
whose duty it shall be to keep accounts or make reports and shall
fail to do so, or who shall wilfully make false reports to
accounts shall be guilty of a misdemeanor, and on indictment
and conviction in the Circuit Court for Wicomico County shall
be subject to a fine in the discretion of the Court not exceeding
five hundred dollars, and in default of payment of fine and
costs shall be confined in the county jail of Wicomico county
until fine and costs are paid. And such criminal prosecution
shall not preclude the County Commissioners from recovery
by suit for neglect of duty or frand, or by suit on his or their
bond.

122. Whenever any person or persons shall desire to improve
any public road or any portion of any public road in said
county to any extent beyond that contemplated by the County
Road Engineer, he or they may make application to the County
Commissioners by petition, setting forth the location of the
road to be improved, the extent and character of the improve-
ment, and the probable cost thereof; and the said County Com-
missioners shall thereupon order the County Road Engineer to
examine the location and purpose set forth in the petition; and
if he shall be of the opinion that the public interest will be
promoted thereby, he shall report his determination to the
County Commissioners, setting forth his reason for such deter-
mination, and an estimate of the cost of such improvements;
and if the County Commissioners shall approve the report of
the said County Road Engineer, they shall direct the expendi-
ture of any amount not exceeding one-half the total of said
estimate, to be paid out of the road levy or of other moneys
belonging to the county; provided, that the petitioners for such
improvements shall first pay into the treasury of the county
an amount not less than one-half of said estimate; all of said
money to be expended under the direction of the County Road
Engineer.

123. The County Commissioners of Wicomico County shall,
have the power by ordinance or resolution of condemning, lay-
ing out, opening, extending and making new roads and for alter-
ating, straightening, widening, grading, improving or closing
up in whole or in part any existing road, and for removing
trees, posts and other obstructions and for laying out public