1888, art. 25, sec. 99. 1860, art. 28, sec. 28. 1853, ch. 220, sec. 10. 103. In all cases where the county commissioners shall adjudge that a road be opened or altered they shall at the usual time for levying taxes levy on the assessable property of the county a sum sufficient to open or alter said road, and also sufficient to pay the damages awarded, if it shall have been adjudged that the damages be paid by the county, or such proportion of the said sums as shall have been adjudged to be paid by the county; and it shall be the duty of the county commissioners to open or alter the road as soon as it can conveniently be done. Private Roads. Ibid. sec. 100. 1860, art. 28, sec. 29. 1834, ch. 253, sec. 1. 104. Any owner of any lands in this State has the right to a road 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 private road or way by application to the county commissioners. Greenwood v. Stoner, 3 H. & J. 435. Wright v. Freeman, 5 H. & J. 467. Owens v. Worthington, 10 G. & J. 283. Gill, 497. Pue v. Pue, 4 Md. Ch. Dec. 386. McTavish v. Carroll, 7 Md. 352. Jay v. Michael, 92 Md. 209. Ibid. sec. 101. 1860, art. 28, sec. 30. 1834, ch. 253, sec. 1. 105. 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. Jay v. Michael, 92 Md. 209. Ibid. sec. 102. 1860, art. 28, sec. 31. 1834, ch. 253, sec. 1. 106. 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. 1888, art. 25, sec. 103. 1860, art. 28, sec. 32. 1834, ch. 253, sec. 1. 107. 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. Jay v. Michael, 92 Md. 209. Ibid. sec. 104. 1860, art. 28, sec. 33. 1834, ch. 253, sec. 1. 108. After the damages assessed and the costs of laying out such road shall be paid by the person applying for the same, such road shall be considered as the private way of such person, who shall keep open and repair the same at his own expense. Ibid. Ibid. sec. 105. 1860, art. 28, sec. 34. 1834, ch. 253, sec. 1. 109. No person shall stop or change, or in any manner obstruct such private road, under the penalty of ten dollars for every such offense. Ibid. Ibid. sec. 106. 1860, art. 28, sec. 35. 1839, ch. 18. 110. 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 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. Ibid. Ibid. sec. 107. 1860, art. 28, sec. 36. 1832, ch. 292, sec. 1. 111. On application to the county commissioners by the owner of 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 be 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. Ibid. Ibid. sec. 108. 1860, art. 28, sec. 37. 1832, ch. 292, sec. 1. 112. 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. 1888, art. 25, sec. 109. 1860, art. 28, sec. 38. 1836, ch. 255, sec. 1. 1866, ch. 105. 113. Any owner or owners of a mill, factory, distillery, quarry 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 such mill, factory, distillery, quarry or lime kilns, 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. Jay v. Michael, 92 Md. 209. Ibid. sec. 110. 1860, art. 28, sec. 39. 1836, ch. 255, sec. 2. 114. 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. Ibid. Ibid. sec. 111. 1860, art. 28, sec. 40. 1836, ch. 255, sec. 3. 115. Any person who has obtained a private road under the 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 preceding section be made within thirty days after laying said railway. Ibid. Ibid. sec. 112. 1860, art. 28, sec. 41. 1836, ch. 255, sec. 4. 116. On the application of the owners of any quarry over or through which any private railroad may pass, the county commissioners may have the location of said road altered so as to avoid the interfering with the working of the quarry. Ibid. Ibid. sec. 113. 1860, art. 28, sec. 42. 1834, ch. 253, sec. 2. 117. The county commissioners shall not appoint commissioners to lay out any private road until satisfactory proof shall be produced that at least ten days' notice of the application had been previously given to the parties through whose lands the proposed road is to be located, which notice shall describe the location to be made. Jay v. Michael, 92 Md. 209. 1888, art. 25, sec. 114. 1860, art. 28, sec. 43. 1834, ch. 253, sec. 3. 118. If there shall be an estate for life or term of years, or tenancy from year to year, in the lands through which any private road may be located, the county commissioners shall apportion the damages awarded to the land owners 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. Ibid. Ibid. sec. 115. 1860, art. 28, sec. 44. 1834, ch. 253, sec. 4. 119. The commissioners appointed to lay out a private road shall each be entitled to two dollars per diem for every day they shall be necessarily engaged in locating such road, and the said commissioners may appoint a surveyor to assist in locating the same, and 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. Ibid. Ibid. sec. 116. 1860, art. 28, sec. 45. 1834, ch. 253, sec. 1. 1872, ch. 223. 120. No such road shall be made through any garden or yard. Ibid. Ibid. sec. 117. 1860, art. 28, sec. 46. 1834, ch. 253, sec. 1. 121. 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 for 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. Hoshall v. Hoffaker, 11 Md. 362. Miles v. Stevenson, 80 Md. 367. Jay v. Michael, 92 Md. 209. Public Landings. 1888, art. 25, sec. 118. 1860, art. 28, sec. 63. 1823, ch. 120, sec. 1. 1890, ch. 438. 122. In all cases where the public convenience requires it, the county commissioners shall have power to establish a public landing upon any navigable river, canal, bay, sound or other navigable waters. Ibid. sec. 119. 1860, art. 28, sec. 64. 1823, ch. 120, sec. 2. 123. Upon all applications to establish a public landing the same proceedings shall be had as on applications to open a public road. Schools. 1894, ch. 41, sec. 120. 124. The county commissioners of each county in this State, in their capacity of corporations, are invested with full power to receive in trust and to hold and control, for the purposes of such trusts, all money or other property of whatsoever description which may hereafter be bestowed upon such corporations by will, deed, or in any other form of gift or conveyance, in trust, for purposes of education, and to provide by resolution or otherwise for the execution of said trusts in the mode prescribed by the will, deed or other instrument creating the same. Ibid. sec. 121. 125. The State's attorneys of the several counties are charged with the duty of seeing that such trusts are carried into effect in their respective counties; and in case of any neglect on the part of the county commissioners, it shall be the duty of the State's attorney in the county in which such neglect occurs to cause proper proceedings to be instituted in the circuit court. for said county to compel the execution of the said trust. |