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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 775   View pdf image (33K)
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ART. 25] BRIDGES. 775

of building or repairing any bridge, they, or a majority of them on the
part of each county, shall each appoint an arbitrator to determine the
matter in dispute; and if the arbitrators cannot agree they shall appoint
an umpire who shall not be a resident of either county, and the award
and determination of the arbitrators or umpire shall be final and
conclusive in the matter submitted.
See notes to sec. 20.

1904, art. 25, sec. 31. 1888, art. 25, sec. 31. 1860, art. 28, sec. 59. 1856, ch. 308, sec. 8,

32. Nothing contained in this article shall authorize any county
commissioners to build or order to be built any drawbridge or any
bridge across a navigable river.

If however the county commissioners are authorized by a subsequent law
to build a bridge over a navigable stream, the procedure pointed out by sec-
tions 20 to 35 must be followed, unless the subsequent law provides a differ-
ent procedure. Bembe v. Anne Arundel County, 94 Md. 332.
See notes to sec. 20.
See art. 23, sec. 131.

Ibid. sec. 32. 1888, art. 25, sec. 32. 1860, art. 28, sec. 60. 1856, ch. 308, sec. 9.

33. In all cases, upon representation in writing of any citizen or
citizens of any county in which the county commissioners may deter-
mine to build or repair any bridge or unite with an adjoining county
to build or repair any bridge between the said adjoining counties filed
before a contract for building or repairing has been made that the said
determination of the county commissioners is inexpedient, and desiring
an appeal from such determination, the county commissioners shall
grant such appeal and cease all further proceedings until the appeal is
decided by the circuit court for the county.

If the action of the county commissioners is to be reviewed, it must be
done in conformity with this section, and mandamus does not lie. Bembe v.
Anne Arundel County, 94 Md. 333.

Cited but not construed in Miles v. Stevenson, 80 Md. 367.
See notes to sec. 20.

Ibid. sec. 33. 1888, art. 25, sec. 33. 1860, art. 28, sec. 61. 1856, ch. 308, sec. 9.

34. Upon such appeal being taken, the county commissioners shall
immediately cause to be filed with the clerk of the circuit court all
records, acts, papers and proceedings, or copies thereof which may be
required by the appellant, with full opportunity for him or hi? counsel
to examine the books and papers of the commissioner relative to the
matter; and thereupon the circuit court shall proceed to try and deter-
mine the matter according to justice and right, with or without the aid
of a jury, as the parties may agree or the court may order.

Cited but not construed in Miles v. Stevenson, 80 Md. 367.
See notes to sec. 20.

Ibid. sec. 34. 1888, art. 25, sec. 34. 1860, art. 28, sec. 62. 1856, ch. 308, sec. 9.

35. In all cases where the appeal is not sustained the appellant
shall pay the costs, and in all other cases the court shall direct, the
costs to be paid in such manner and by such party as it may deem

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 775   View pdf image (33K)
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