1940 SURVEYOR AND STATE SURVEY. [ART. 91

1904, ch. 225, sec. 11.

43. No portion of the cost of acquiring land for any road,
nor any damages caused by the construction or improvement
of any road shall be paid by the State.

Ibid. sec. 12.

44. No one county of the State shall receive in any year a
larger proportion of the total amount appropriated by this sub-
title for said year than the proportion which the then existing
miles of public road in said county bear to the then existing
miles of public road in all of the counties applying as deter-
mined by the said commission, unless a balance remains
unallotted under the arrangement above prescribed, in which
event said balance may be apportioned in the same manner
among the counties which have not received the full amount of
their applications.

Ibid. sec. 13.

45. Any road constructed under the provisions of this sub-
title shall thereafter be a county road, and the duty of keeping
the same in repair shall devolve upon the county in which it is
situated; and all other powers and duties respecting such
roads shall be imposed upon and vested in said county; and
the board of county commissioners shall provide all moneys
necessary to keep in a proper state of repair the roads con-
structed under this sub-title, and it shall be the duty of the
commission to notify the board of county commissioners of all
such repairs as they may deem necessary to be made to such
county roads; and immediately on such notification the board
of county commissioners of such county shall cause such
repairs to be made according to the direction and to the satis-
faction of said commission, and if said board shall refuse or
neglect to make such repairs within thirty days from the date
of such notification by said commission, said county shall not
thereafter receive any further assistance provided for in this
sub-title until such repairs have been made; and any five tax-
payers of such county may apply to the circuit court of said
county for a writ of mandamus to compel said board to make
such repairs as aforesaid; and when such application is made,
the court upon a rule to show cause or otherwise, in such
manner as the court shall prescribe, shall ascertain and deter-
mine such road as aforesaid is in a proper state of repair, and it
shall not issue a mandamus requiring the said board to make
the necessary repairs, and may also in its discretion allow to