2010 SURVEYOR AND STATE SURVEY. [ART. 91

sion, and if said board shall refuse or neglect to make such repairs
within thirty days from the date of such notification by said state
roads commission, said county shall not thereafter receive any further
assistance provided for in this sub-title for state-aided roads until such
repairs have been made; and any five taxpayers of such county may
apply to the circuit court of said county for a writ of mandamus to
compel such board to make such repairs as aforesaid; and when such
application is made, the court, upon a rule to show cause or otherwise,
in such manner as the court shall prescribe, shall ascertain and deter-
mine whether such road as aforesaid is in a proper state of repair, and
it may issue a mandamus requiring the said board to make the neces-
sary repairs, and may also, in its discretion, allow to the attorney of
the applicants a reasonable counsel fee, to be paid by said county,
and the circuit court of any county where the powers conferred upon
the state roads commission or its predecessor have been, or are about
to be exercised, shall have original jurisdiction of any cause of action
or complaint which may be brought by the state roads commission,
the county commissioners for such county, or any person or corpora-
tion aggrieved, for a violation or contemplated violation of any of the
provisions of this sub-title or contract thereunder with respect to any
road or roads within such county; and process against said state roads
commission may be served upon any member or officer of said com-
mission.

See notes to sec. 67.

1904, art 91, sec. 46. 1904, ch. 225, sec. 14. 1910, ch. 217, sec. 46 (p. 320).

79. In any county in which the control of the public roads is now
or may hereafter be vested in any body other than the board of county
commissioners, said body shall have all the powers and privileges con-
ferred by this sub-title on the board of county commissioners and be
subject to all the duties and obligations imposed by the terms of this
sub-title upon the board of county commissioners of the respective
counties of the State.

See notes to sec. 67.

Ibid. sec. 47, 1904, ch. 225, sec. 15. 1910, ch. 217, sec. 47 (p. 320).

80. Nothing in this sub-title shall be taken to alter, abridge, or in
any way affect the present method of road construction or repair by
the respective counties, at their own expense or otherwise, as now author-
ized by law.

There is no conflict between this section and section 67. Purpose of this
section. Font v. Frederick County, 105 Md. 561; Frederick County v. Font,.
110 Md. 167 (both cases decided prior to the act of 1910, ch. 217).
See notes to sec. 67.

Ibid. sec. 48. 1904, ch. 225, sec. 16. 1910, ch. 217, sec. 48 (p. 320).

81. The sum of two hundred thousand dollars annually, or so much
thereof as may be necessary, is hereby appropriated, out of any money
in the treasury not otherwise appropriated, for the purpose of carry-