ART. 23] TURNPIKES AND PASSENGER RAILWAYS. 701

1904, art. 23, sec. 344. 1888, art. 23, sec. 234. 1882, ch. 456, sec. 2.

383. In all cases when any passenger railway company uses the
roadbed or any portion thereof of any turnpike, street or road in any
county in this State, it shall, at all times, keep in good and proper
repair, not only the portions of said turnpike, street or road which may
be embraced between the rails of its track, but also that part which
shall extend for a distance of two feet on either side of said rails ;
and in case of refusal or neglect to comply with the provisions of this
section within five days after due notice in writing shall have been
given by the county commissioners of the county in which said passen-
ger railway has its tracks, then it shall be subject to a penalty or fine
of ten dollars a day for each and every day of such refusal or neglect
to repair and put in order any such turnpike, street or road; said fine
to be recovered by suit before any justice of the peace of said county,
in the name of the county commissioners of said county.

Cited but not construed in Anne Arundel County v. United Rys. Co., 109
Md. 381.

Ibid. sec. 345. 1888, art. 23, sec. 235. 1S68, ch. 471. sec. 108.

384. When any turnpike, or plank road or passenger railway, shall
have been finished one mile in length, the president and directors shall
report to the county commissioners of the county in which it may lie,
under the oath of the president and a majority of the directors, and
the treasurer of the corporation, the actual cost of said road, so far as
finished; and thereupon the county commissioners shall appoint three
citizens of the county to examine said road, and determine whether
the same is constructed in such manner as will subserve the public
interests for the uses to which said road is applicable, who shall report
to said county commissioners in writing, and said report shall be
reviewed by said county commissioners; and if they shall determine
that the road is properly constructed, then as to such turnpike or plank
road the company shall be authorized to erect a toll-gate thereon, and
to charge such rates of toll as will yield eight per centum per annum net
profit on said actual cost, for distribution to the stockholders; and the
same proceedings shall be had as each succeeding mile shall be com-
pleted, until the said turnpike, or plank road, or passenger railway,
shall be finished; but when more than one mile of any turnpike or
plank road shall be completed, it shall not be necessary for the corpora-
tion to erect more gates than it may deem convenient; and it shall be
empowered to collect at the gate or gates which may be erected, tolls
to yield at the rate aforesaid, for the number of miles of said road or
turnpike which may be finished.

Ibid. sec. 346. 1888, art. 23, sec. 236. 1868, ch. 471, sec. 109.

385. The corporation of any such turnpike or plank road, shall
revise its rates of toll every six months for three years, from the com-
pletion of the road, and shall report the amounts of its revenue and
expenditures at any time when demanded by the county commissioners ;.