1008 ARTICLE 25

authority to establish and/or maintain, directly or by contract, reasonable
facilities for the public recreation.

An. Code, 1924, sec. 3. 1912, sec. 2A. 1914, ch. 230.

4. 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, 1924, sec. 4. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1880, ch. 210.

5. 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.

Invalidity of election does not create vacancy within meaning of this section, but
incumbents hold over until successors are elected and qualified. Benson v. Mellor,
152 Md. 485.

An. Code, 1924, sec. 5. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1804, ch. 73, secs. 3-6.

6. 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.

An. Code, 1924, sec. 6. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1853, ch. 372. 1854, ch. 297.

7. The number of county commissioners in each county shall be as
fixed by the code of local laws for each county.

An. Code, 1924, sec. 7. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1853, ch. 239, sec. 4.

1929, ch. 226, sec. 7 (p. 721).

8. They shall meet in their respective counties within sixty days after
their election and qualify by taking the oaths required by law, and shall
meet once a quarter, and as much oftener as the necessities of the county
may in their judgment require.

The power to levy under this section is the power to levy only for the year in
which the meeting takes place. The levy cannot include prior years. B., C. & A. Ry.
Co. v. Wicomico County, 93 Md. 130.

Taxes for the current year may be levied after July first. Construction of this
section should be reasonable and liberal in order to support the action of the com-
missioners. American Coal Co. v. Allegany County, 59 Md. 195; B., C. & A. Ry. Co. v.
Wicomico County, 93 Md. 122; Hopkins v. Van Wyck, 80 Md. 18.

See notes to sec. 9.

An. Code, 1924, sec. 8. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1817, ch. 78. 1823, ch. 62.
1835, ch. 307. 1853, ch. 239, sec. 2.

9. They shall levy all needful taxes on the assessable property within
the county liable to taxation and provide for collecting the same, and they
may make such levy in whole or in part by estimate; they shall provide