ART. 23] TURNPIKE AND PASSENGER RAILWAYS. 681

Turnpike, Plank Road and Passenger Railway Companies.

1888, art. 23, see. 233. 1868, ch. 471, sec. 107. 1882, ch. 456.

343. Corporations for making turnpikes, or plank roads,
or passenger railways outside of the limits of the city of
Baltimore, may be formed as hereinbefore provided; no such
passenger railway to exceed twelve miles in length; and such
turnpikes, plank roads, or passenger railways niay be con-
structed on the bed of any county road or on part of the bed
thereof, the consent of the county commissioners of the county
in which said road may lie, having been first given in writing
and recorded among the proceedings of said county commis-
sioners, and also recorded in the book or journal of proceed-
ings of said corporation; the location of the bed of any part
of said county road may be changed by said corporation, for
the purpose of a better construction of said turnpike, or plank
road, or passenger railway; provided, the land to be occupied
be obtained by agreement with the owners thereof, or by con-
demnation; at least fifteen feet in width of the 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.

Back River Co. v. Homberg, 96 Md, 436.

Ibid. sec. 234. 1882, ch. 456, sec. 2.

344. In all cases when any passenger railway company
uses the roadbed 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.