586 LAWS OF MARYLAND. [CH. 327

They shall be deemed parties in interest and shall be given
notice of hearing and opportunity to be heard.

38-E. The State Roads Commission may proceed with re-
spect to any such crossing upon its own motion, or upon the
petition of any railroad company or companies whose tracks
cross or are crossed at grade, or upon the petition in writing
of the Mayor and City Council or other governing body of any
municipality, or of the County Commissioners of any county
wherein any such crossing exists, setting forth the facts upon
which relief under this Act is sought; whereupon said Com-
mission shall fix a time and place for a hearing before it, and
shall give such notice thereof as it shall deem reasonable to the
municipality, County Commissioners and corporations, co-
partnerships or individuals interested therein, and after such
hearing shall determine or order, what, if any, alterations or
changes in or connected with such crossing and public high-
way shall be made.

38-F. It shall be the duty of any railroad company or
companies upon being required as herein provided to make
such alterations, changes, relocation and/or opening, to proceed
within the time and in the manner required by the State Roads
Commission to make the same, and any railroad company or
companies that shall fail, neglect or refuse to perform such duty
shall be deemed guilty of a misdemeanor, and, upon conviction,
subject to a fine of One Hundred ($100. 00) Dollars, for each
day such company or companies shall fail, neglect or refuse to
perform such duty. In addition to the penalty herein provided,
any such company or companies shall be compelled by man-
damus or other appropriate proceedings to make such altera-
tions, changes, relocation and/or opening, or the Commission
itself may make the same and charge such railroad company or
companies with the entire expense thereof.

Whenever it shall be ordered or determined, either in the
first instance, or upon the failure, neglect or refusal of the
railroad company or companies, to comply with the order of
the Commission, as above provided, that the Commission itself
shall make such alterations, changes, relocation and/or open-
ing, it shall be the duty of the railroad company or companies
affected by the order to pay its or their share or all (as the case
may be) of the expense, as, when and in the manner determined
by the Commission. The failure, neglect or refusal of such rail-
road company or companies to pay its or their share or all (as-