2844 ARTICLE 91.

county bear to the then existing miles of public road in all of the counties
applying as determined by the said state roads commission, unless a balance
remains unallotted under the arrangement above prescribed, in which event
said balance may be apportioned in the same manner among the counties
which have not received the full amount of their applications.
See notes to sec. 44.

An. Code, sec. 78. 1904, sec. 45. 1904, ch. 225, sec. 13. 1910, ch. 217, sec. 45 (p. 319).

1916, ch. 536.

57. Any road heretofore or hereafter constructed under the provisions
of this sub-title shall thereafter be a State Road and the State Roads
Commission shall have the same authority over said road as it has over other
State roads or highways and shall maintain and repair the same as a part
of the State Roads System. Provided they are first put in good repair by
the Counties.

While this section deals particularly with a different class of road improvements
from those to which fund in controversy is applicable, it refers in terms to suits
for violation of any of provisions of sub-title under which it is codified with respect
to any roads within county; term " sub-title " as used in last sentence of this section
may be given its ordinary application consistently with purpose and effect of road
law as a whole, and hence its meaning will not be restricted. Under this section,
circuit court for Baltimore county has jurisdiction over suit by taxpayers of Balti-
more county against state roads commission (one of whose members resides in
Baltimore county), to restrain said commission from diverting money directed by
act of 1912, ch. 370, to be used in Baltimore county, to construction of roads in other
counties. Taxpayers of Baltimore county have a right to maintain the above suit.
Weller v. Mueller, 120 Md. 638. And see Fisher Co. v. Mackall, 138 Md. 592.

Equitable relief against a breach of contract by state roads commission cannot
be denied on the ground that the plaintiff has an adequate remedy at law, since
the commission has no authority to raise money to pay damages. (Decided without
regard to change made in this section by act, 1916, ch. 536, or to act, 1920, ch. 505.)
Certain equitable relief held beyond power of court. See notes to sec. 30. Fisher &
Carozza Co. v. Mackall, 138 Md. 592.
See notes to secs. 27 and 44.

An. Code, sec. 79. 1904, sec. 46. 1904, ch. 225, sec. 14. 1910, ch. 217, sec. 46 (p. 320).

58. 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 com-
missioners, said body shall have all the powers and privileges conferred
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. 44.

An. Code, sec. 80. 1904, sec. 47. 1904, ch. 225, sec. 15. 1910, ch. 217, sec. 47 (p. 320).

59. 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 authorized
by law.

The act of 1904, ch. 225, made no attempt to deal in a general comprehensive
manner with county roads, but dealt only with general provisions. This section
shows that act of 1904 did not repeal local enactments providing for apportionment
of moneys raised for taxation for road construction or repair in the several counties,
nor did that act interfere with legislation to regulate these matters within limits of
incorporated cities or towns. Carroll County v. Westminster, 123 Md. 206.