CORPORATIONS. 789

Turnpike, Plank Road and Passenger Railway Companies.

An. Code, sec. 382. 1904, sec. 343. 1888, sec. 233. 1868, ch. 471, sec. 107. 1882, ch. 456.

314. Corporations for making turnpikes, or plank roads, or passenger
railways outside of the limits of the city of Baltimore, may be formed as
hereinbefore provided; no such passenger railway to exceed twelve miles
in length; and such turnpikes, plank roads, or passenger railways may be
constructed on the bed of any county road or on part of the bed thereof,
the consent of the county commissioners of the county in which said road
may lie, having been first given in writing and recorded among the pro-
ceedings of said county commissioners, and also recorded in the book or
journal of proceedings of said corporation; the location of the bed of any
part of said county road may be changed by said corporation, for the pur-
pose of a better construction of said turnpike, or plank road, or passenger
railway; provided, the land to be occupied be obtained by agreement with
the owners thereof, or by condemnation.; at least fifteen feet in width of the
bed of any turnpike road shall be covered with broken stone or gravel, or
other hard or durable materials, to the depth of at least twelve inches, unless
the natural bed be hard; and the bed of any plank road shall be well and
securely laid and covered with plank or wood for the same width.

Turnpikes can claim no more protection from the state than passenger railway
companies; state affords no special protection to turnpike company from inter-
ference with its tolls, nor does it prohibit a person from building a road which may
affect the turnpike. Policy of state is to encourage competition. Hagerstown Turn-
pike Co. v. Evers, 130 Md. 13.

A corporation held to have been incorporated under this section. This section
referred to in construing sec. 324—see notes thereto. Back River Co. v. Homberg,
96 Md. 436.

For the regulations concerning carriers prescribed in the act creating the public
service commission, see sec. 362, et seq.

As to railroads, see sec. 194, et seq.

As to fraud upon turnpikes, see art. 27, sec. 235.

As to " Turnpikes," see also art. 27, sec. 526.

An. Code, sec. 383. 1904, sec. 344. 1888, sec. 234. 1882, ch. 456, sec. 2.

315. In all cases when any passenger railway company uses the road-
bed 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 passenger 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.

This section referred to in construing art. 91, sec. 28, et seq.—see notes to sec. 28.
United Rys. & Elec. Co. v. State Rds. Comm., 123 Md. 585.
Cited but not construed in Anne Arundel Co. v. United Rys. Co., 109 Md. 381.