3288 ARTICLE 89B

vision of this Section, the other fifty per cent. (50%) thereof to be ex-
pended by the State Roads Commission for the construction and/or, re--
construction of Lateral and Farm to Market Roads as provided in Sub-
Section (a) hereof; provided, however, that the County Commissioners
of Frederick County are hereby directed to request the return of the
county roads maintenance to Frederick County.

(e) If any County now or hereafter shall have and maintain a Roads
Department in charge of a roads engineer having a degree of civil engineer-
ing and experience in road and bridge building, or who has had at least
ten (10) years' practical experience in road and bridge building in a
supervisory and executive capacity, then the County Commissioners of
such County may require the State Roads Commission and the Comp-
troller to pay over to them as hereinafter provided, up to fifty per cent.
(50%) of the amount to which such County is entitled under the pro-
visions of this Section, for the construction and/or re-construction of
Lateral and Farm to Market Roads to be expended by the County Com-
missioners of such Counties under the supervision of the County Roads
Engineer, the cost of such projects to be paid by the State Roads Com-
mission to the County Commissioners of such Counties, upon the submission
by them of satisfactory evidence of the expenditures or costs for the pur-
poses herein set forth. Before the construction or re-construction of any
such roads by the County Commissioners, the County Commissioners shall
furnish to the State Roads Commission in writing a statement showing
the location of the road or bridge proposed to be constructed, the length
thereof and the type and character of construction, together with a copy
of the complete specifications for such road or bridge and an estimate of
the cost thereof. No construction shall be commenced on any such project
until the same shall have been approved by the State Roads Commission.

(f) If the County Commissioners of any County shall desire to avail
themselves of the provisions of either Sub-Sections (d) or (e) of this
Section, they shall notify the State Roads Commission before September
1st of their intention to avail themselves of the provisions thereof for the
succeeding two fiscal year's. In the event that the County Commissioners
of any County shall avail themselves of the provisions of Sub-Sections
(d) or (e) of this Section, the State Roads Commission or the Comptroller
shall before any monies are paid over to the Commissioners of such County,
reimburse the said Commission for any sums due by such County for
monies expended in said County by said Commission under Sub-Section
(a) or (b) of this Section.¹

Petition for writ of mandamus to compel State Roads Commission to pay Com-
missioners of Carroll County portion of lateral road gasoline tax fund denied, as funds
must be expended as provided for by this section; legislation required to make change.
Carroll Co. v. State Roads Comm., Daily Record, Oct. 24, 1939.

The maintenance of county roads by the State Roads Commission under secs. 9-19
does not relieve the County Commissioners from liability for injuries due to defective
and unsafe condition of the highway. Howard Co. v. Leaf, Daily Record, Oct. 30, 1939.

1937, ch. 458. 1939, ch. 63.

10. Out of the appropriation of the "One and one-half cent Lateral
County and Municipal Road Gasoline Tax Fund" created by Section
243, Article 56 of the Annotated Code of Maryland, allocated by the said
State Roads Commission of Maryland to Montgomery County, the State
Roads Commission shall pay to Garrett Park, Town of Washington Grove,

¹ Sec. 2, ch. 766, 1939 provides that sec. 19 shall continue and be in force until repealed.