874 ARTICLE 25.

essary rules and regulations for the erection or removal of gates and fences
across or obstructing the public highways in their respective counties.

This section referred to in a case involving the right of a municipal corporation
to an accounting from a county for a proportion of county road tax which should
be paid to the city for its streets, etc. Carroll County v. Westminster, 123 Md. 199.

This section and sec. 1 confer the power and impose the duty upon the county
commissioners to keep the public roads in a safe condition; hence, they are liable
for injuries resulting from the failure so to do. This liability arises from these sec-
tions, and where they are prevailed over by a local law depriving the commissioners
of such powers and duties, their liability no longer exists. Baltimore County v.
Wilson, 97 Md. 209. And see Bonsai v. Yellott, 100 Md. 500; Richardson v. Kent
County, 120 Md. 155.

What must be shown to hold the county commissioners liable for personal in-
juries due to their failure to keep the road or bridge in repair. It is not necessary
to trace knowledge of a defect to the commissioners—knowledge acquired by the
road supervisor is imputed to them. The commissioners' liability is statutory, and
they cannot excuse themselves by the fact that the road supervisor is also required
to keep the road in repair. Misleading instructions. Adams v. Somerset County, 106
Md. 202; Baltimore County v. Wilson, 97 Md. 209; Harford County v. House,
106 Md. 443.

County commissioners have discretion to determine which public roads at any
time need repairing, etc., and amount to be expended. Blundon v. Crosier, 93
Md. 358.

What is a " public road "? State v. Price, 21 Md. 454.

This section was repealed as to Prince George's county by the act of 1900, ch.
346. Blundon v. Crosier, 93 Md. 358. (See also act 1910, ch. 90.)

See notes to sec. 1.

An. Code, sec. 2A. 1914, ch. 230.

3. All the provisions of this Article relating to public roads or roads
shall be applicable to streets, lanes and alleys in unincorporated towns and
villages.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1880, ch. 210.

4. In case any office of county commissioner shall become vacant in
any county by death, resignation or otherwise, the governor, if such vacancy
shall occur during the session of the senate, shall, by and with the advice
and consent of the senate, appoint, and if such vacancy shall occur during
the recess of the senate, he shall appoint a proper person or proper persons
to fill such vacancy or vacancies; and the nomination of the person or per-
sons thus appointed during such recess, or of some other person in his or
their place, shall be made to the senate within thirty days after the next
meeting of the legislature.

When an election of a county commissioner is declared void, the Governor should
be notified so that he may fill the vacancy. Handy v. Hopkins, 59 Md. 172.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1804, ch. 73, secs. 3-6.

5. They may sue and be sued, and may sue for any injury done to
the property of the county, or to recover possession thereof, or may be sued
by any claimant of such property.

This section referred to in determining whether county commissioners were liable
for personal injuries (see notes to sec. 1). Anne Arundel County v. Duckett, 20
Md. 475.

Cited but not construed in Prince George's County v. Mitchell, 97 Md. 339.

See notes to sec. 1.