2008 SURVEYOR AND STATE SURVEY. [ART. 91

1904, art. 91, sec. 41. 1904, ch. 225, sec. 9. 1910, ch. 217, sec. 41 (p. 318).

74. In order that the State may be assured of the proper execution
and performance of such contract made under the provisions of this
sub-title, it shall be the duty of the state roads commission to main-
tain immediate supervision in such manner as it shall deem proper
of such execution and performance of each of said contracts; the cost
of such supervision shall be paid to said state roads commission by the
comptroller of the State of Maryland out of the appropriation appor-
tioned to the county and applicable to the particular road or extension
being constructed as provided for by this sub-title.

This section referred to in holding that "The Road Directors of Allegany
County" were not responsible for an injury occurring in connection with
work being done under the act of 1904, ch. 225, by an Independent con-
tractor. Symons v. Road Directors, 105 Md. 257 (decided prior to the act
of 1910, ch. 217).

See notes to sec. 67.

Ibid. sec. 42. 1904. ch. 225, sec. 10. 1910, ch. 217, sec. 42 (p. 318).

75. As the work under any such approved contract progresses, as
provided in said plans and specifications, and at such proper stages in
the performance of such contract or work as may be designated by the
state roads commission, it shall be the duty of the state roads commis-
sion to certify the fact of such partial or total completion to the board
of county commissioners of each county, respectively, together with
an itemized statement of the cost of the work performed under said
contract, including therein and allowing for the amount of the expense
incurred by the board of county commissioners for surveys, plans,
specifications, printing and advertising, and stating the amount due,
respectively, from the State of Maryland on the one hand and the
county commissioners of any county on the other hand, and which said
amount due from each shall be one-half of the cost of the work under
the contract, and of all other proper expenditures, and thereupon, and
within ten days after receiving such certificate from the state roads
commission, the board of county commissioners in any county shall
inform the state roads commission, in writing, of any objections or
exceptions to the accuracy of the account, and of the amount found
to be due from such board of county commissioners, and such objec-
tions and exceptions to said account shall thereupon be promptly
adjusted; provided that during the ten days allowed to any county for
such exceptions it shall not be necessary for the comptroller of the
State to make any payment upon such certificate, nor shall he make
any such payment until the state roads commission shall have acted
Upon any exception or objection which shall be made in behalf of any
county; provided, further, that the board of county commissioners of
any county may waive, in writing, the right to except and object; and
the proportion of the amount due from any county shall be promptly
paid to the contractor or other persons to whom it may be due, as
finally certified by the state roads commission, and the amount due on
behalf of the State and of the state roads commission payable out of