Labor on roads. 35. Every male inhabitant above twenty-one years of age, and Ia. s. 3. possessing taxable property, assessed at five hundred dollars or upwards, and every other male inhabitant between the ages of twentyone and fifty years, not residing within the limits of an incorporated town, who shall have resided in any one of the counties to which this article applies, for one month next preceding the date when his services may be demanded, shall be required to labor two days, in every year, on the public roads, in the road district in which he may reside, and the road supervisor, whenever the public roads Duty of road shall need repairs, shall summon all such persons in his road dis- supervisors, trict, or such number of them as he may deem necessary to make such repairs, provided that he shall not summon the same party twice, until he shall have exhausted the whole number liable to such duty in his road district, giving at least two days' notice of the time and place of meeting; provided, however, that no person shall Proviso. be compelled to labor more than four miles from his place of residence, and the authorities of the incorporated towns within the limits of any county to which this article applies, shall keep the public roads in good condition and repair, to the distance of one mile from Roads to be their respective incorporated limits, and to enable them to accomplish the same, they are hereby authorized to accept and apply the provisions of this article to persons residing within the limits of their respective corporations. kept in repair. Exemption. 36. If any person not possessing taxable property assessed at Id. s. 4. five hundred dollars or upwards, from whom such labor on the public roads may be required, under the provisions of the preceding section, shall make it satisfactorily appear to the road supervisors of the road district in which he resides, that he is physically unable to perform the said labor, either by reason of permanent disability or that said disability existed at the time at which his services were required, and is not able to pay the commutation hereinafter provided, it shall be the duty of the said supervisor to exempt such person from the performance of the said labor and commutation for labor, and in case such supervisor shall refuse to exempt any person who shall apply for exemption, as herein provided, such person, if he shall feel aggrieved by such refusal, may appeal to the county Appeal to commissioners of the county, whose decision shall be final. County commissioners. 37. The county commissioners of the several counties may make Id. s. 5. such commutation of labor for teams and carts or wagons, as they Commutation. may deem proper. Fines. 38. Every person liable, as aforesaid, to labor on said public Id. s. 6. roads, who shall fail to obey the summons of the road supervisor, or furnish a substitute, shall, upon demand made by said supervisor, pay to said supervisor the sum of one dollar and fifty cents for each and every day, not exceeding two days, that he shall fail to perform such labor, and the said supervisor shall collect and account, under Supervisors to oath, to the county commissioners, for all sums of money so col- account to lected, and exemptions granted, and shall apply the said money county commis sioners. Report. under the directions of the said county commissioners, to hiring laborers to work on the public roads, and shall pay over to his successor, upon the order of the county commissioners, any surplus that may remain in his hands, and the said supervisors shall make a report on oath, once in three months, to the county commissioners, of the money received and expended. Id. s. 7. 39. Any person liable to labor, as aforesaid, who shall refuse to Refusing to labor on roads, obey such summons, and shall refuse to labor on said public roads, etc. Penalty. Warrant from justice of the peace. Proceedings. as hereinbefore provided, for one or two days, as hereinbefore specified, and shall refuse or neglect, upon demand made as aforesaid, to pay to said supervisor the sum of one dollar and fifty cents per day, for one or two days' labor, as aforesaid, or shall refuse or neglect to furnish a substitute, as aforesaid, shall be deemed guilty of a misdemeanor, and shall, upon complaint made by such supervisor, be liable to be arrested and brought before any justice of the peace in the county, upon a warrant, to be by said justice issued, in the name of the State therefor, and shall, upon proof of such summons and failure to obey the same, and refusal to pay said sum of one dollar and fifty cents per day, for not exceeding two days, be fined to an amount equal to said sum of one dollar and fifty cents per day, for not exceeding two days, and all costs of such proceedings before said justice, including the pay for the witnesses for the prosecution, and the said justice, in order to enforce the collection of said fines, shall have the power to issue an execution upon the judgment therefor, and to make it a part of said judgment, and the party against whom any such judgment is rendered shall stand committed to the county jail until such fine and costs be paid, but said imprisonment shall not exceed ten days for any one offence; provided, that any party against whom any justice of the peace may render a judg ment, under any of the preceding sections of this article, may at any time within ten days from the rendition of such judgment, appeal from such judgment to the Circuit Court for any county wherein the same may have been rendered; provided, the party so appealing shall give bond, with surety, to the State of Maryland, to be approved by the said justice of the peace, in the sum of fifty dollars, with condition to prosecute such appeal with effect, and to pay and satisfy the fine imposed by said justice of the peace, in case the judgment shall be affirmed, as, also, all costs adjudged by said justice of the peace, and, also, all costs awarded by the Circuit Court for the county to which said appeal shall have been taken, and all fines to county com- collected under the provisions of this article shall be paid to the com Proviso. Appeal to Circuit Court. Bond. Fines payable missioners. Grand jurors. Id. s. 8. Bond of supervisors. missioners of the respective counties, to be by them applied for the purpose of repairing the public roads in said counties, and the judges of the Circuit Courts for the counties to which this article applies, shall give this article in charge to the grand jurors of their respective counties. 40. The county commissioners shall require the road supervisors appointed by them to give bond to the State, to be approved of by them, for such sums as they may deem proper, conditioned for the faithful performance of the duties required of them, which said bond may be put in suit for the benefit of any person suffering by the neglect of the said supervisor in keeping the roads in his district in proper order, and the said county commissioners shall have full power to fix on the price to be paid for laborers on said roads, and Pay of laborers. to authorize the said supervisors to hire such number of laborers as they may deem necessary, and the said county commissioners shall supervisors. pay the said supervisors such salaries or per diem as they may think Salaries of just and reasonable. 41. The county commissioners shall cause to be placed at such Ia. 8. 9. Finger-boards of the forks of the public roads as they may think need the same, or signs. finger-boards or signs, showing the prominent points that the said roads lead to, and the distance to such points, and any person tearing down or defacing such finger-boards or signs shall on conviction Penalty for defacing, etc., thereof before any justice of the peace in the county be fined a sum boards. not less than five or more than ten dollars. 42. This act shall only apply to the counties of Worcester, Som- 1868, c. 299, s. 10; erset, Prince George, Calvert, and Talbot. 1872, c. 406. PRIVATE ROADS. Art. 28, s. 29. Who entitled to 22 Md. 512; Id. s. 30. 1834, c. 253. s. 1. as commissioners to be ap 43. Any owner of any lands in this State has a right to a road 14, c. 253, s. 1. and way to and from his land to places of public worship and mills, market towns, public ferries, and court-houses, and may obtain a commissioners. private road or way by application to the county commissioners. 44. The county commissioners, on application of any person for a private road, shall appoint three discreet and sensible persons of the county, not related to either of the parties, who shall act as commissioners to lay out such private road, not exceeding sixteen feet clear of ditches in breadth, and shall direct the said commissioners to lay out the same, taking into consideration the convenience of the party petitioning for such private road, as well as the convenience and interest of the persons through whose lands said road may be located, and the said commissioners shall assess the damages to be paid to the owners of the lands through which the said road may pass. 45. If any person through whose lands such road may pass, or if the person applying therefor shall object to its running in the manner returned by the commissioners, the said county commissioners may make such order as to the course of said road as they may think proper. 46. After any road shall be surveyed and laid out under the two preceding sections, the county commissioners shall direct the application for such road, and the return thereof, to be recorded. 47. After the damage assessed, and the costs of laying out such road shall be paid by the person applying for the same, such road pointed by county commis sioners. Id. s. 34. 1834, c. 253, s, 1. Penalty for obstructing. Id. s. 35. cant owns lands shall be considered as the private way of such person, who shall keep open and repair the same at his own expense. 48. No person shall stop, or change, or in any manner obstruct such private road, under the penalty of ten dollars for every such offence. 49. Where a person owns lands adjoining another county, and desires a private road through lands in such adjoining county, he may apply to the county commissioners of the county where the another county lands lie, through which he desires to pass; and the said county commissioners shall act upon such application in the same manner as if the applicant owned land in such county, and had applied for a private road therefrom. Id. s. 36. 1832, c. 292, s. 1. owner of quarry or mine. 50. On application to the county commissioners by the owner of Application by any quarry or mine, for a private road thereto, the same proceedings shall be had as are prescribed for granting private roads to farms; provided, the county commissioners he satisfied that the working of the stone quarry to which the road is prayed for, will not injure or endanger any dwelling-house, tavern-house, or out-house attached thereto. Id. s. 37. 1832, c. 292, s. 1. Commissioners may prescribe period and terms of ceasing or continuance of road. 1866, c. 105. Owner of mill, for opening road. 51. In granting a road under the preceding section, the county commissioners may prescribe a period and terms when and upon which the said road shall cease, and may be shut up; or when, for the continuance of said road, it shall be necessary to have, at the discretion of the said county commissioners, the same renewed. 52. Any owner or owners of a mill, factory, distillery, quarry, etc., may apply or lime-kiln, situated within one mile of any railroad, may apply to the county commissioners of the county to lay out and open a private road from each mill, factory, distillery, quarry, or lime-kiln, to the most convenient place for intersecting such railroad, and on such application the county commissioners shall proceed in the same manner and with the same powers as if such application were for a private road to a farm. Art. 28, s. 39. 1836, c. 255, s. 2. Application to lay railway on road. Id. s. 40. 1836, c. 255, s. 3. which granted. Terms upon 53. If an applicant for a road under the preceding section shall state in his application that he intends to lay a railway on such road, the commissioners appointed to assess the damages which any person will sustain by opening such road, shall take into consideration the additional damage (if any) which would be caused by the construction of such railroad; and shall determine the places at which crossings shall be made over such railroad, for the convenience of the owners of the land on either side of such private road, and shall specify the same in their return to the county commissioners. 54. Any person who has obtained a private road under the last two preceding sections, may lay a railway thereon, and may, with the consent of the owners of any railroad, connect the same therewith; provided, that the damages assessed as aforesaid be paid to the parties thereto, and that the crossings required to be made in the last preceding section, be made within thirty days after laying said railway. When location 55. On the application of the owners of any quarry over or Id. s. 41. through which any private railroad may pass, the county commis- 116,255, 8, 4. sioners may have the location of said road altered, so as to avoid the over quarry interfering with the working of the quarry. may be changed. 1834, c. 253, s. 2. private road. 56. The county commissioners shall not appoint commissioners Id. s. 42. to lay out any private road until satisfactory proof shall have been Proof of notice produced that at least ten days' notice before the application had pre ro been given to the parties through whose lands the proposed road is to be located, which notice shall describe the location to be made. 57. If there shall be an estate for life or term of years, or ten- Id. s. 43. ancy from year to year, in the lands through which any private road Damages, how may be located, the county commissioners shall apportion the dam- apportioned. ages awarded to the landowners among the parties interested in the land, according to their several interests, in possession, expectancy, remainder or reversion; and the several Circuit Courts, on appeal, shall have a similar power of apportionment. 1834, c. 253, s. 3. 1834, c. 253, s. 4. sioners appoint 58. The commissioners appointed to lay out a private road, shall 1a. s. 44. each be entitled to two dollars per diem for every day they shall be Pay of commisnecessarily engaged in locating such road; and the said commission layout sioners may appoint a surveyor to assist in locating the same, and private road. may allow him such compensation for his services as they may deem proper; and the per diem to the commissioners, and the compensation of the surveyor, shall be paid by the person applying for the road. 59. No such road shall be made through any garden or yard. 60. Any person feeling himself aggrieved by the determination of the county commissioners, in granting or refusing any road, or in the amount of compensation awarded, or in any matter relating to the granting or refusing to grant any such road, may appeal, within the time prescribed by law, to the Circuit Court of the county in which such application shall be made, and either party may be entitled to a trial by jury, and the judgment in the case shall be final between the parties. BRIDGES. 1872, c. 223. Road not to be made through garden or yard. Art. 28, s. 46. 1834, c. 253, s. 1. Circuit Court. Appeal to 11 Md. 362. Art. 28, s. 47. 1856, c. 308, s 2. 61. All applications for building and repairing bridges shall be Applications for made by petition to the county commissioners. building and repairing bridges. Notice of 62. When any person intends to apply for building or repairing Id. s. 48. any bridge, he shall give notice in the same manner, and for the 1856, c. 308, s. 2. same length of time prescribed for applications for opening roads; application. and the county commissioners, when they have heard the reasons and evidences for and against the application, shall determine the case as in their judgment will best promote the public convenience. 63. Whenever the county commissioners shall have determined ra. s. 49. to build or repair a bridge, they shall, at their usual time for levying Levy for build 1856, c. 308, s. 3. |