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346
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HOWARD COUNTY. [ART. 13.
keep such ditch or drain secure and well covered
and in good repair for the passage of all vehicles over
the same, to the full width of said road; or if any
person shall drain any water into or upon any public
road, each and every such person, for every such offence,
and for each and every day any such ditch or drain
shall be suffered to remain out of repair and injurious
to such road, shall be liable to be sued in an action of
debt, before a justice of the peace in the name of said
commissioners, in which said action the amount recov-
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Penalty.
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erable shall not be less than five nor more than fifty
dollars; either party having the right of appeal to the
circuit court, as in other cases of small debts, and the
sums recovered in any such action to be applied in the
same manner as hereinbefore provided.
Approved and in force March 31, 1870.
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1870, c. 259 confirms and approves 1868, c. 353. [Sup. 1868, p. 341, secs. 47 and 48. ]
1870, c. 289 enacts: That the county commissioners of Howard county shall not
be authorized to issue any bonds or credit of the county, or subscribe to any turn-
pike company as authorized by the act of eighteen hundred and sixty-eight, chapter
three hundred and fifty-three, until the president of the board of stockholders of
said company shall first have filed a statement under oath, in the office of the said
commissioners, that the total amount of three-fifths subscribed for by private stock-
holders, as provided by the act of eighteen hundred and sixty-eight, chapter three
hundred and fifty-three, has been fully and entirely paid up, and also a resolution
of the said board of stockholders, stating their belief that the estimate made by the
engineer, or persons employed to calculate the cost of the road, will be sufficient to
complete the entire road according to the terms of the charter.
Approved and in force April 4, 1870.
SAINT JAMES AND ELLICOTT'S CITY TURNPIKE COMPANY.
By section 13 of the act of 1870, c. 161, (the charter of the Saint James and Ellicott's
city turnpike company, ) the county commissioners of Howard and Montgomery coun-
ties are authorized, in their discretion, to subscribe to the capital stock of said turn-
pike company; provided, that the amount subscribed by either county shall not
exceed the sum of ten thousand dollars; provided, that this section shall be subject
to the provisions of Article III, section 54 of the constitution.
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