CORPORATIONS 921

bed of any turnpike road shall be covered with broken stone or gravel, or
other hard or durable materials, to the depth of at least twelve inches, unless
the natural bed be hard; and the bed of any plank road shall be well and
securely laid and covered with plank or wood for the same width.

Turnpikes can claim no more protection from the state than passenger railway com-
panies; state affords no special protection to turnpike company from interference with
its tolls, nor does it prohibit a person from building a road which may affect the turn-
pike. Policy of state is to encourage competition. Hagerstown Turnpike Co. v. Evers,
130 Md. 13,

A corporation held to have been incorporated under this section. This section referred
to in construing sec. 322—see notes thereto. Back River Co. v. Homberg, 96 Md. 436.

For the regulations concerning carriers prescribed in the act creating the public
service commission, see sec. 368, et seq.

As to railroads, see sec. 197, et seq.

An. Code, 1924, sec. 315. 1912, sec. 383. 1904, sec. 344. 1888, sec. 234. 1882, ch. 456, sec. 2.

313. In all cases when any passenger railway company uses the road-
bed or any portion thereof of any turnpike, street or road in any county
in this State, it shall, at all times, keep in good and proper repair, not only
the portions of said turnpike, street or road which may be embraced between
the rails of its track, but also that part which shall extend for a distance of
two feet on either side of said rails; and in case of refusal or neglect to
comply with the provisions of this section within five days after due notice
in writing shall have been given by the county commissioners of the county
in which said passenger railway has its tracks, then it shall be subject to a
penalty or fine of ten dollars a day for each and every day of such refusal
or neglect to repair and put in order any such turnpike, street or road;
said fine to be recovered by suit before any justice of the peace of said
county, in the name of the county commissioners of said county.

This section referred to in construing art. 91, sec. 28, et seq. (now Art. 89B, sec. 3)—
United Rys. & Elec. Co. v. State Rds. Comm., 123 Md. 585.

Cited but not construed in Anne Arundel Co. v. United Rys. Co., 109 Md. 381.

An. Code, 1924. sec. 316. 1912, sec. 384. 1904, sec. 345. 1888, sec. 235. 1868, ch. 471,

sec. 108.

314. When any turnpike, or plank road or passenger railway, shall
have been finished one mile in length, the president and directors shall
report to the county commissioners of the county in which it may lie, under
the oath of the president and a majority of the directors, and the treasurer
of the corporation, the actual cost of said road, so far as finished; and
thereupon the county commissioners shall appoint three citizens of the
county to examine said road, and determine whether the same is constructed
in such manner as will subserve the public interests for the uses to which
said road is applicable, who shall report to said county commissioners in
writing, and said report shall be reviewed by said county commissioners;
and if they shall determine that the road is properly constructed, then as
to such turnpike or plank road the company shall be authorized to erect a
toll-gate thereon, and to charge such rates of toll as will yield eight per
centum per annum net profit on said actual cost, for distribution to the
stockholders; and the same proceedings shall be had as each succeeding mile
shall be completed, until the said turnpike, or plank road, or passenger rail-
way, shall be finished; but when more than one mile of any turnpike or
plank road shall be completed, it shall not be necessary for the corporation
to erect more gates than it may deem convenient; and it shall be empow-
ered to collect at the gate or gates which may be erected, tolls to yield at the
rate aforesaid, for the number of miles of said road or turnpike which may
be finished.