ART. 91] PUBLIC ROADS. 1989

dred ($500) in the aggregate. The construction and improvement of
all State highways or parts thereof shall be under the supervision and'
subject to the approval of the said commission, in accordance with plans
and specifications prepared by the chief engineer and approved by said
commission. In all cases where the contract for work and materials shall
be given out after competitive bidding, the successful bidder shall
promptly execute a formal contract to be approved as to its form, terms
and conditions by said commission, and shall also execute and deliver to
said commission a good and sufficient bond to be approved by said com-
mission to the State of Maryland in not less than the amount of the con-
tract price. In no case shall any such bond be approved or accepted
unless the obligators bind themselves therein to the payment of all just
debts for labor and materials incurred by the bidder in the construction
and improvement of the road contracted for. To all such bids there shall
be attached the certified check of the bidder, and the bidder who has the
contract awarded to him and who fails to promptly and properly execute
the contract and bond shall forfeit the said contract. The said check
shall be taken and considered as liquidated damages, and not a penalty,
for failure of said bidder to execute said contract and bond. Upon the
execution of said contract and bond by a successful bidder his check shall
be returned to him. The amount of said check shall be five hundred
dollars. The checks of the unsuccessful bidders shall be returned to them
after opening the bids and awarding the contract to the successful bid-
der; provided, however, that said commission, with the consent of a
majority of all its members, may itself do any part or parts of any such
work under such conditions in every respect as it may prescribe by day
labor, whenever the chief engineer, in writing, shall recommend that

1908, ch. 141, sec. 32 E.

37. Said commission shall keep all State highways reasonably
clear of brush and maintain same in good condition; shall cause suit-
able shade trees to be planted thereon, if practicable, and may estab-
lish and maintain watering troughs upon said highways. No opening
shall be made in any such highway, nor shall any structure be placed
thereon, nor shall any structure which has been placed thereon be
changed or renewed, except in accordance with a permit from the com-
mission, which shall exercise complete control over such highways,
except as herein otherwise provided. No State highway shall be dug
up for laying or placing pipes, sewers, poles, wires or railways, or for
other purposes, and no trees shall be planted or removed or obstruc-
tion placed thereon without the written permit of the state roads com-
mission, or its duly authorized agent, and then only in accordance with
the regulations of said commission; and the work shall be done under

*The act of 1910. ch. 218 (p. 300): also repealed and re-enacted section 32 D
of the act of 1908, ch. 141, but as the act of 1910, ch. 721 (p. 298), was approved
later, it is selected for codification.