SURVEYOR AND STATE SURVEY. 5G9

him. The amount of said check shall be five hundred dollars. The checks
of the unsuccessful bidders shall be returned to them after opening 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 engi-
neer, in writing, shall recommend that course.

Where loan made to contractor upon condition that it be and was used for
material in road construction, bond of contractor not liable, loan being made
without knowledge of material men or surety, though bond provided for payment
of persons furnishing material or performing labor. Casualty Co. v. State, 14T
Md. 558.

Bond of contractor for materials and labor does not cover rent and deprecia-
tion of steam shovel leased to sub-contractor as part of his regular business
equipment. State v. Natl. Surety Co.. 148 Md. 222.

Sub-contractor or materialman may not sue on bond of contractor guarantee-
ing performance of contract. Baltimore v. Casualty Co.. 146 Md. 512

Hauling of sand, gravel, etc., is labor or material within statute and bond exe-
cuted thereunder. London, etc., Indemnity Co. c. State, 153 Md. 310.
See notes to sec. 50.

34.

See notes to sec. 50.

An. Code, 1912, sec. 48. 1910, ch. 116, sec. 32P (p. 304).
35A. ¹ For the purpose of making and maintaining" connections be-
tween any highways or the parts of any highway constructed or improved
under the provisions of the preceding Sections, the State Roads Commis-
sion shall have the power to build bridges; and to acquire by purchase, con-
demnation, or otherwise (and to maintain when so acquired) any existing
bridges along, in the line of, or connected with any such highway or high-
ways. And in the exercise, but not in limitation, of the power hereby
granted, the State Roads Commission is authorized and directed for the
purpose of connecting the system of State Roads in Harford and Cecil
Counties, to acquire by purchase, condemnation or otherwise (and when so
acquired to maintain) the Conowingo Bridge across the Susquehanna
River, together with all land, roads, approaches, rights, franchises and
easements belonging to any person or corporation, and necessary or con-
venient for the purpose aforesaid; or in case the judgment or verdict of
condemnation shall be deemed excessive, with reference to said Conowingo
Bridge, by the State Roads Commission, the said Commission may within
thirty days after the final judgment or verdict of condemnation shall have
been entered, reject the same and then shall proceed by way of purchase or
condemnation, or both, to acquire any and all necessary approaches for a
bridge across the Susquehanna River and at such point in the vicinity of
the said Conowingo Bridge as may seem best for the public advantage in
judgment of said Commission, and the said Commission to proceed after
acquiring the necessary approaches and other property rights to erect a new
bridge at that point out of the money available for any purpose under this
Section; provided, however, that should the purchase or condemnation of
said bridge, or the building of a new bridge in lieu thereof aggregate more