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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1045   View pdf image (33K)
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COUNTY COMMISSIONERS 1045

An. Code, 1924, sec. 139. 1912, sec. 85. 1904, sec. 84. 1888, sec. 80. 1870, ch. 359, sec. 4.

140. For recording each certificate of variations and affidavits of the
correctness of the same appended, and for copies or abstracts of the same
and for drawing certificate and seal therefor, the county clerk shall be
allowed the same fees as are now allowed by law for similar services in
regard to matters of record in his office, the said fees to be paid by the
parties presenting the same for record or demanding abstracts or copies
as aforesaid.

An. Code, 1924, sec. 140. 1912, sec. 86. 1904, sec. 85. 1888, sec. 81. 1870, ch. 359, sec. 5.

141. Any person or persons who shall wilfully erase, deface, displace,
or otherwise injure said pillars, or any part thereof, or destroy, break down
or carry away the enclosure aforesaid, or any lock, bolt, bar, or any part
thereof, shall, upon conviction thereof, be punished by a fine of not less
than fifty nor more than five hundred dollars.

An. Code. 1924, sec. 141. 1912, sec. 87. 1904, sec. 86. 1888, sec. 82. 1870, ch. 359, sec. 6.

142. The commissioners of any county adopting the provisions of sec-
tions 137 and 138 are hereby authorized to provide for the payment of the
costs of carrying out their provisions in the same manner that other county
expenses are paid.

Public Roads.

An. Code, 1924, sec. 142. 1912, sec. 88. 1904, sec. 87. 1888, sec. 83. 1853, ch. 220, sec. 2.

143. All applications for opening, altering or closing roads shall be by
petition to the county commissioners.

Where agreement was made within the powers of the Susquehanna Power Co., the
State Roads Commission and the County Commissioners of Cecil Co., for the relocation
of the Conowingo Bridge and of certain roads, and agreement subsequently ratified by
Act of Legislature, not necessary to follow procedure under this article for closing roads
under ordinary conditions. Ragan v. Susquehanna Power Co., 157 Md. 521.

Where petitioners participate in the proceedings, thus making themselves liable for
costs, etc., their failure to sign the petition is a mere irregularity not rendering pro-
ceedings void. Smith v. Goldsborough, 80 Md. 57.

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

This section compared with the local act of 1900, ch. 685, sec. 205. Riggs v. Winterode,
100 Md. 443.

This and the following sections referred to in construing art. 3, sec. 33, of the Md.
Constitution—see notes thereto. Police Commrs, of Baltimore v. McClenehan, 131
Md. 321.

The course of procedure prescribed by secs. 143 to 159, followed; see note to art. 5,
sec. 91. Harford County v. Jay, 122 Md. 326.

Cited but not construed in Greenland v. Harford County, 68 Md. 63.

See notes to sec. 144, and as to public roads, art. 89B.

An. Code, 1924, sec. 143. 1912, sec. 89. 1904, sec. 88. 1888, sec. 84. 1853, ch. 220, sec. 2.

144. Whenever any citizen of any county intends to petition the county
commissioners for opening, altering or closing any road, he shall give
thirty days' notice thereof in one or more of the newspapers published in
the county; and if no newspaper be published in the county he shall give
public notice of such intention by setting up a notice at the court house
door, and at three public places in the election district in which is it pro-
posed to open, close or alter the road, for at least thirty days.

Corporation is "citizen" of county of which it is resident. Agreement for substitute
ways. Signature to petition under this section. Fitzwater v. Youghiogheny Hydro-Elec.
Corp., 149 Md. 463.

Secs. 143 to 158 do not contemplate the opening of roads through lands already
owned by the county. Gist v. Owings, 95 Md. 304.

Cited but not construed in Smith v. Goldsborough, 80 Md. 57; Winchester v. Cecil
County, 78 Md. 267.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1045   View pdf image (33K)
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