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688 SURVEYOR, AND STATE SURVEY. [ART. XCI
The state roads commission is not liable to be sued for negligently
allowing a road in course of construction or repair to be without a warn-
ing light at night, etc.; the state roads commission is entitled to the benefit
of the state's immunity from suit unless a statute provides to the con-
trary. State v. Rich, 126 Md. 644.
See notes to article 14 of the Declaration of Rights, and to sections 34,
36, 40, 48 and 66 of article 91 of the code.
See article 27, section 677 et seq.
33A. Repealed. (Act 1918, ch. 224.)
34.
The act of 1908, chapter 141, does not give the state roads commission
authority under the police power or otherwise to take or disturb any
interest or easement of any corporation otherwise than by agreement, gift,
grant, purchase or condemnation. Construing the acts of 1908, chapter
141, and 1910, chapter 116, together, the state roads commission may not
require a railway company to move its tracks at its own cost; the intent
of said acts was to provide for the e'ntire cost of the construction and
improvement of such roads as might be selected by the commission as
part of the system of state roads; no part of the expense was to be borne
by electric railway companies, whose rights the act declares shall not be
disturbed. Agreement between state roads commission and United Rail-
ways & Electric Company of Baltimore, construed; as such agreement
was made with the state roads commission and the work done by the
company was in accordance with the former's requirements, the liability
of the parties for the cost of the work must be determined by the act of
1908. That the city could require the company to conform its tracks to a
change of grade of the street is immaterial. United Rys. & Elec. Co. v.
State Roads Com., 123 Md. 563.
This section and section 63, so far as they confer the power, and regulate
the procedure of condemnation, were not repealed by the adoption of
article 33A of the code, particularly in view of section 14 of article 33A.
Koehler v. State Roads Com., 125 Md. 446.
35.
See notes to section 34.
36.
Although this section as enacted by the act of 1908, chapter 141, was
repealed and re-enacted by the act of 1910, chapter 721, after the former
had been repealed and re-enacted by the act of 1910, chapter 218, the act
of 1910, chapter 721, is valid. The surety on a bond given under this sec-
tion is liable in an action by a creditor of the contractor for labor and
materials, irrespective of whether the express language of the bond or
act gives it to him. The creditor may sue in the name of the state. How
the bonds of surety companies are to be construed. Am. Fidelity Co. v.
Slate, 128 Md. 52.
A surety bond guaranteeing that the principal will promptly pay his
debts for labor and material in the construction of a certain work, is not
liable to the holder of promissory notes which are alleged in the declara-
tion to have been given for money borrowed by the principal and used in
paying for such labor and materials. So. Md. Bank v. Natl. Surety Co.,
126 Md. 291. And see Am. Fidelity Co. v. State, 128 Md. 54.
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persons at present constituting the state roads commission, and such persons
shall continue in office notwithstanding the passage of this act." The act of
1918, chapter 224, is in effect July 1, 1918.
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