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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 572   View pdf image (33K)
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572 ARTICLE 01.

location and/or opening, to proceed within the time and in the manner
required by the State Roads Commission to make the same, and any rail-
road company or companies that shall fail, neglect or refuse to perform
such duty shall be deemed guilty of a misdemeanor, and, upon conviction,
subject to a fine of One Hundred ($100. 00) Dollars, for each day such
company or companies shall fail, neglect or refuse to perform such duty.
In addition to the penalty herein provided, any such company or companies
shall be compelled by mandamus or other appropriate proceedings to make
such alterations, changes, relocation and/or opening, or the Commission
itself may make the same and charge such railroad company or companies
with the entire expense thereof.

Whenever it shall be ordered or determined, either in the first instance,
or upon the failure, neglect or refusal of the railroad company or compa-
nies, to comply with the order of the Commission, as above provided, that
the Commission itself shall make such alterations, changes, relocation
and/or opening, it shall be the duty of the railroad company or companies
affected by the order to pay its or their share or all (as the case may be)
of the expense, as, when and in the manner determined by the Commission.
The failure, neglect or refusal of such railroad company or companies to
pay its or their share or all (as the case may be) of the expense, as ordered,
shall be deemed a misdemeanor, and, upon conviction, such railroad or
railroads shall be subject to a fine of One Hundred ($100. 00) Dollars for
each day such company or companies shall fail, neglect or refuse to make
such payment; provided, however, that such penalty shall be in addition
to any other remedy which may be resorted to by the Commission for the
enforcement of its order, or the collection of the share of the expense due
by such railroad company or companies.

1927, ch. 327, sec. 38G.

38G. The notice of time and place of hearing required to be given by
this Act, except as to the municipality or municipalities and the railroad
company or railroad companies interested in the hearing, shall be given
by publication of a notice in a newspaper or newspapers circulating in the
municipality or municipalities, or in the County or Counties in which the
crossing or crossings to which such hearing relates may be located; such
newspaper or news-papers to be designated by the State Roads Commis-
sion. Such publication shall be at such intervals and for such period of
time as said Commission shall deem reasonable; and shall be directed gen-
erally "To Whom It May Concern, " give notice of the time and plaice of
hearing and describe generally the object of such hearing.

Provided, that no contract shall be entered into, or any money expended,
by the State Roads Commission for the elimination of any grade crossing,
or crossings, until after the execution by the particular railroad company
affected of a contract with the State Roads Commission on behalf of the
State of Maryland whereby said railroad company shall engage and obli-
gate itself to pay, or to secure the payment of, one-half the cost of eliminat-
ing such grade crossing, or crossings, nor until such contract has been sub-
mitted to and approved by the Attorney General of this State.


 

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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 572   View pdf image (33K)
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