ART. 91] PUBLIC ROADS. 2005

to the chairman of said commission, on or before the first day of March
in each year, and shall request of said commission plans and specifi-
cations and an estimate of the cost of the proper performance of said
work according to said plans and specifications.*

Section 33 of article 91 of the code of 1904 (corresponding with the latter
portion of the present section 66), was held to constitute the voluntary
feature of the act of 1904, ch. 225, known as the "Shoemaker Road Law."
Object of the act of 1904. Font v. Frederick County, 105 Md. 565.

For other cases dealing with the act of 1904, ch. 225, see Frederick County
v. Fout, 110 Md. 167; Anne Arundel County v. United Rys. Co., 109 Md. 384;
Symona v. Road Directors, 105 Md. 256; Bonsai v. Yellott, 100 Md. 496.

1904, art. 91. sec. 34. 1904, ch. 225, sec. 2. 1910, ch. 217, sec. 34 (p. 315).
67. Whenever the owners of two-thirds of the lands binding upon
any public road or section of road, not less than one mile long, shall
present a petition to the county commissioners of the county where such
road, or section of road, may be situated, stating in said petition the
desire of said petitioners to have said road, or section thereof, con-
structed or repaired under the provisions of this sub-title, and stating
further the willingness of such petitioners to pay for the said con-
struction or repairs a sum equal to ten per centum of the cost of such
construction or repairs, it shall be the duty of said board of county com-
missioners to make such a request to the state roads commission, as set
forth in section 66, upon the payment by the said petitioners of said
ten per centum, or the giving by them of an approved bond to the
county commissioners for the payment thereof at any time it may be
demanded by said county commissioners upon the filing of a similar
petition, and the taking of similar proceedings regarding the exten-
sion of any road which, in the opinion of said state roads commission,
has been properly improved, a similar request shall be made to the
aforesaid state roads commission by the board of county commissioners
of the county where such extension lies, even though such proposed
extension be less than a mile in length.

The words "ten percentum of the coat of such construction or repairs",
refer to the whole cost of such construction, and not to the net cost to
the county. Frederick County v. Fout, 110 Md. 174 (decided prior to the
act of 1910, ch. 217).

For cases involving the act of 1904, ch. 225, see Frederick County v.
Fout, 110 Md. 167; Fout v. Frederick County, 105 Md. 560; Anne Arundel
County v. United Rys. Co., 109 Md. 384; Bonsai v. Yellott, 100 Md. 496.
See note to sec. SO.

Ibid. sec. 35. 1904, ch. 225, sec. 3. 1910, ch. 217, sec. 35 (p. 316).
68. If the said state roads commission, after the receipt of the
notice mentioned in section 66, or that mentioned in section 67, and

*While the title of the act of 1910, ch. 217 (p. 214), does not mention section
30 of the code of 1904 among the sections repealed, section 1 of said act
expressly repealed said section, and it is therefore treated as repealed, a long
with sections 26 to 29 and 31 and 32 of the code of 1904, sub-title "Public
Road."