584 LAWS OF MARYLAND. [CH. 327

Treasurer shall create a special fund of the receipts from the
said additional tax of one-half cent per gallon, and shall dis-
burse the same monthly (less such sum to be retained by the
Comptroller, as, in the judgment of the Comptroller shall be
sufficient to enable him to pay promptly all claims for refunds),
as follows: one-fifth thereof to the Mayor and City Council of
Baltimore, to be used for the elimination of railroad grade
crossings within the limits of said City, and the balance to the
State Roads Commission of Maryland, to be used for the elimi-
nation of railroad grade crossings, as provided by Section 3
of this Act.

SEC. 2. And be it further enacted, That Section 38 of
Article 91 of the Annotated Code of Maryland, Edition of
1924, title "Surveyor and State Survey, " sub-title "Public
Roads, " be, and the same is hereby repealed, provided, how-
ever, that nothing herein contained shall be construed to affect
any rights or obligations which may have accrued under any
3ontracts made in pursuance thereof.

SEC. 3. And be it further enacted, That ten new Sections
be, and the same are hereby added to Article 91 of the Anno-
tated Code of Maryland, Edition of 1924, title "Surveyor and
State Survey, " sub-title "Public Roads, " said new Sections to
be known as Sections 38-A, 38-B, 38-0, 38-D, 38-E, 38-F,
38-G, 38-H, 38-I and 38-J, and to read as follows:

38-A. Whenever a State highway and any railroad, worked
by steam or other power, cross each other at the same level
and it shall appear to the State Roads Commission that such
crossing is dangerous to public safety, or that the public travel
on such way is impeded thereby, the State Roads Commission
may alter such crossings by substituting therefor a crossing
not at the grade of such public highway, either by carrying
such public highway under or over such railroad, or by recon-
structing such railroad under or over such public highway, or
by vacating, relocating or changing the lines, width, direction
or location of such highway and the opening of a new highway
in the place of the one ordered vacated, provided, however, that
whenever the Commission deems it advisable, the Commission
may order the company or companies operating such railroad
to make such alterations, changes, relocation and/or opening,
within such time as the Commission may fix, and according to
plans to be approved by the Commission.