1266

LAWS OF MARYLAND.

from pleading as a defense to such failure to perform his work
in the time specified in the contract, that the same was caused
by unusual weather, and that with ordinary care he could not
have avoided such delay ; and if the Board of District Road
Commissioners shall be satisfied that such has been the cause
of the delay, they shall give such contractor further reasonable
time to perform such work, and the contractor shall ixot be
liable for any damages to the county for such delay, when so
authorized.

Sight to
appeal

203 K. Any contractor shall have the right to appeal from
any order of the County Commissioners or Board of District
Road Commissioners affecting his interests as such contractor,
such appeals to be governed'by the law regulating such appeals
from a justice of the peace. When any appeal is taken by any
contractor, the cause shall be entitled "Road Contractor of
Election District No. — , appellant, against County Commis-
sioners of Anne Arundel, defendant."

Preserved
and
recorded.

203 L. All bonds of contractors or other persons shall be
carefully preserved and recorded on file in the office of the
clerk of said County Commissioners. A copy of any such
bond shall be competent as evidence thereof in any suit, pro-
ceeding or prosecution against the contractor and his sureties,
or either of them, for breach of said contract. The said County
Commissioners, or any person aggrieved, may, from time to
time, institute suit against the contractor and his sureties on
said bond (or against his or their personal representatives) in
any court of competent jurisdiction for any loss or damages
sustained by the acts or omissions of the contractor, or to
restrain payment of any money due the contractor. The said
bond shall not be void or discharged on the first or any
other recovery, nor until persons aggrieved shall be satis-
fied. And for any wilful and intentional violation of or
failure, without good cause, to discharge any duty prescribed
by this sub-title, the contractor shall be deemed guilty of a
misdemeanor, and shall, on conviction, be fined therefor not
less than five dollars ($5) nor more than one hundred dollars
($100), to be recovered by warrant in the name of the State, to
be issued by and returnable before any justice of the peace in
said county ; and it shall be the duty of any person aggrieved
or injured to have such warrant issued upon bis knowledge or
upon information of another on oath. On the trial of such
cause the contractor shall be entitled to a jury, if demanded,
and either party may enter an appeal to the Circuit Court, as
other appeals are now taken.