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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1170   View pdf image (33K)
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1170 ARTICLE 89B.

court. Every such appeal shall, upon order of the appellant's attorney, be
docketed as a separate case in the name of the appellant against the State
of Maryland. Accompanying such order shall be a statement of the
grounds upon which the appeal is based, and every such appeal shall be
heard as promptly as may be on such day as the court shall fix. The
appellant shall be entitled to have the amount of his damages or benefits
assessed by a jury, and shall have the right to appeal to the court of appeals
on any question of law involved. At every such inquisition the State shall
proceed as if party plaintiff, and the costs in the circuit court shall be paid
by the State. If no such appeal from the report of the commission shall be
taken, or when all such appeals have been finally disposed of, it shall be
lawful for the State Roads Commission (if for any reason such course may
become necessary) to pay into court, under an order of the judge thereof,
the amount due to any person in interest, and thereupon the title to the
property so paid for shall be vested in the State of Maryland. In addition
to publishing the notice of the preliminary report herein provided for, the
commission shall cause a printed copy of such notice to be mailed to the
persons interested, so far as their postoffice addresses are known or can
reasonably be ascertained; provided, however, that such action shall not be
deemed a pre-requisite to the validity of the proceeding. If any of the par-
ties in interest residing in this State are within the age or non compos
mentis or other contractual disability and are not represented by a guar-
dian, committee or trustee, it shall be the duty of the commission to certify
such fact to the court at the time of filing its final report, and thereupon
the court shall make such order for the protection of the rights of such
person under disability as may be proper.

This section does not constitute consent by the State Roads Commission to be
sued in an original proceeding. State Roads Commission may condemn for high-
way purposes under this section or according to the methods prescribed in
art. 23, secs. 203-209 and 331-337. Dunne v. State, 162 Md. 274, 290.
See notes to Md. Constitution, art. 3, sec. 40.

1931, ch. 539, sec. 26.

26. It shall be lawful for the State Roads Commission to make, from
time to time, such changes as to it may seem desirable in the projected loca-
tions of any road authorized to be constructed hereunder.

1931, ch. 539, sec. 27.

27. It shall be lawful for the State Roads Commission to make and
enforce, from time to time, such regulations and orders as it may deem
necessary for the preservation of State roads, and herein to regulate the
use of the same by traction engines, wagons, sleds and such other vehicles
or conveyances as by such use produce more than an ordinary amount of
wear and tear thereon. Such orders and regulations, when and as promul-
gated or altered, shall be published once a week for three successive weeks
in some newspaper of the county in which the road or roads affected may
lie. Any person knowingly violating any such order or regulation shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1170   View pdf image (33K)
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