2830 ARTICLE 91.

of said contract and bond by a successful bidder his check shall be returned
to him. The amount of said check shall be five hundred dollars. The
checks of the unsuccessful bidders shall be returned to them after open-
ing the bids and awarding the contract to the successful bidder; provided,
however, that said commission, with the consent of a majority of all its
members, may itself do any part or parts of any such work under such
conditions in every respect as it may prescribe by day labor, whenever the
chief engineer, in writing, shall recommend that course.1

Although this section as enacted by act of 1908, ch. 141, was repealed and re-
enacted by act of 1910, ch. 721, after former had been repealed and re-enacted by
act of 1910, ch. 218, act of 1910, ch. 721, is valid. The surety on a bond given under
this section is liable in an action by a creditor of contractor for labor and materials,
irrespective of whether express language of bond or act gives it to him. The creditor
may sue in name of state. How the bonds of surety companies are to be construed.
Am. Fidelity Co. v. State, 128 Md. 52.

A surety bond guaranteeing that principal will promptly pay his debts for labor
and material in the construction of a certain work, is not liable to holder of promis-
sory notes which are alleged in declaration to have been given for money borrowed
by 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.

Where a plaintiff does not sue as a taxpayer, nor does it appear from bill that he
is a taxpayer, he is not entitled to restrain execution of a contract claimed to be
illegal under this section, or to enjoin the unlawful expenditure of state funds. See
notes to sec. 57. Fisher & Carozza Co. v. Mackall, 138 Md. 590.

An. Code, sec. 37. 1908, ch. 141, sec. 32E. 1912, ch. 371, sec. 32E. 1924, ch. 312.

31. Said commission shall keep all State highways reasonably clear
of brush and maintain same in good condition; shall cause suitable shade
trees to be planted thereon, if practicable, and may establish and main-
tain watering troughs upon such highways. Said commission may give
suitable names to the State highways and change the name of any high-
way which becomes a part of the State highway. The said Commission is
hereby authorized and empowered, in its own discretion, to adequately
mark for direction and distance all improved highways in the State.

This section cannot be construed as only applicable to highways after improve-
ments, thereon by commission have been completed. See notes to sec. 28. United
Rys. & Elec. Co. v. State Roads Com., 123 Md. 584.

See notes to sec. 32.

See sec. 62.

An. Code, sec. 37A. 1912, ch. 371, sec. 32E-A. 1922, ch. 253.

32. No opening shall be made in any such highway, nor shall any
structure be placed thereon, nor shall any structure which has been placed
thereon be changed or renewed except in accordance with a permit from
the commission, which shall exercise complete control over such high-
ways, except as herein otherwise provided. No State highway shall be
dug up for laying or placing pipes, sewers, poles or wires or railways, or
for other purposes, and no trees shall be planted or removed or obstruc-
tions placed thereon without the written permit of the State Roads Com-
mission, or its duly authorized agent, and then only in accordance with

1 The act of 1910, ch. 218 (p. 300), also repealed and re-enacted sec. 32D of act of 1908,
ch. 141, but as act of 1910, ch.721 (p. 298), was approved later, it is selected for
codification.