The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1884-03-29
Public Local Law.
OPERATIVE IN CECIL COUNTY.
Chapter do.
AN ACT
PUBLISHED BY AUTHORITY.

To repeal an Act passed January session
1874, chapter 1875, entitled can Act il
relation to public roads in Cecil county
and to repeal all acts or parts of act
inconsistent with the provisions of thi
Act and to re-enact the same so as t
read as follows:
SECTION l. Be it enacted by the General Assenlbl
of MARYLAND That an Act passed January session
1874, chapter 1876. entitled IAN Act in relation
public roads in Cecil county and to repeal all act
parts of acts inconsistent with the provisions G
this act be and the same Is hereby repealed an
re-enacted so as to read as follows:
SEC. 2. And be ii enacted, That the County Com
missioners OF Cecil county be and they are hereb.
authorized and directed to divide, once in ever
two years, said county into three divisions, eacl
embracing three election districts, and to assign
one of their number to each Of said divisions, VIII
shall have general charge Of all roads and bridge
and shall give general supervision to all road
and bridge work done in his division.
SEC. g. And be it enacted, That said Commission
shall, upon the passage of this Act, divide tn
First. Second, Third, Fourth, Fifth, Sixth an.
Seventh election districts of said county each int
three road districts. and the Eighth and Mint
election districts each into two road districts; and
whenever they shall deem it necessary to do so
may change the boundaries of said road districts
and the said Commissioners shall appoint tor eacl
road district a Road Commissioner, who shall hole
his office for the number OF years, not exceeding
three, 0atlng from the IrSJ uay OF 1904
that the County Commissioners may specify a
the time of making said appointment; and there
shall be appointed in the First Second, Third
Fourth, Fifth, Sixth and Seventh election dis
tricts one Road Commissioner for one year, on,
for two and one for three years, and in the Eight
and Ninth election districts, one for one year arc
one for two years, and one of the said Commits
sioners in each election district shall be appointed
from the political party opposite in opinion to the
majority of the County Commissioners: and OF
the second Tuesday of December in every veal
Commissioner each for the First, Second, Third
Fourth, Fifth. Sixth and Seventh election districts
to serve for three years from the first day of Janu
ary of the following year, and one Road Commits
sioner each for the Eighth and Ninth election dis
trets to serve for two years from the first day o
January of the following year, said appointment.
tie be SO made that there will always be, in each
election district, one Commissioner from the mi
nority political party; and in case of a vacancy
from death, resignation, removal, inability or re
tusal of any Road Commissioner to act, the Coun
ty Commissioners shall fill said vacancy by ap
pointment for the unexpired term: but if any Road
Commissioner shall be only temporarily disabled
though prevented from the performance of his
duties, his office shall not be deemed vacant and
he may select one of the other Commissioners in
the election district to act in his place; and nc
Road Commissioner shall become the Supervisor
of any road.
SEC l. And be it enacted, That the said Road
Commissioners shall, when they have received
their commissions from the Clerk Of the County
Commissioners. subscribe to the following oath OF
of the Peace in Cecil county: 81, Road
Commissioner for the - election district ofCecil
county, do solemnly swear Tor AFFIRM that will
well and faithfully discharge all the duties i'm
posed upon me by law and endeavor earnestly and
honestly, without fear, favor or affection. to so
administer my office as to promote the public vel
fare, so help me God, which shall be attached
to each commission, and copy filed in the office
of the County Commissioners: and as soon as the
Road Commissioners first appointed under this
Act shall have thus qualified. they shall, with the
Commissioner charire
tive election districts, proceed to contract for keep
ing the public roads in good repair for term of
three years from the first day of April, 1884; aud
in like manner their successors shall. prior to the
expiration of every three years thereafter make
new contracts for the same work. said contracts to
date from the first day of April of the year in
which they shall be made; and the said contracts
shall be awarded to the lowest responsible and
accepted bidders at public auction of the roads
to be held in each election district by the Road
Commissioners and County Commissioner in
charge of said district, at such time and place as
they may select due notice Of which shall be given
by publication in the county papers aud by hand
bills set up in public places; provided, that said
roads be offered in sections as laid out by the
county Commissioner In whose division they may
be located, according tn T0aI districts, and as
shown on plats filed in the Office of the County
Commissioners said sections to embrace the road
ways of all bridges and the fordings of all streams
located thereon, and that no contract be awarded
to any person residing beyond the limits of the
road districts In which the section bid for by him
is located; and provided further, that the Road
commissioners and County Commissioner may
reserve the right to reject any all bids; and each
person to whom contract shall be awarded shall
give good and sufficient bond, with ample secur
ity to the County Commissioners in a penalty
double the amount Of his contract. conditioned for
the faithful discharge OF the duties imposed upon
niin BIZ law. said bond to be approved by the said
Road Commissioners and County Commissioners
and filed. with the contract of said person, in the
office of the County Commissioners: but if the
Road Commissioners and County Commissioners
an n n a lie
auction. they shall. as soon practicable. con-
tract privately for the same with resident of
the road district in which the section is located
ct the loves, reasonable amount. under the same
conditions that regulate the keeping and aood re-
pair OF other sections and failing in this they
shall place said section under the special charge
of the Road Commissioner IN whose road district
it is located. and who shall eXpcnd in repairs and
i'm ,,rovements thereon such amounts Of money as
tho County Commissioners may order; and not
more than one section OF road shall be contracted
~ with aas 0hs pSrevn. uniees II snail he wholly
Impossible to do otherwise: and the said Road
Commits -ioners and County Commissioner shall
report promptly to the County Commissioners all
the proceedings under this section; but the selling
CT all rGada and the awarding Of all contracts shall
re controlled by the Load Commissioner in each
cad district in conjunction with the County Com
missioner in charge Of the election district and
when new road shall have been opened the
County Commissioners shall contract for the re-
puir of the same. in the same manner as for other
roads until the next regular awarding Of contracts
for roads shall occur: and it shall be set forth in
NIL contracts under this section that the persons
contracting shall be bound 70 keep the roads in
.Lelr charge in tue condition regdted by this Act
,sithout reference to the amalnt hid by them at
Inc public auction of said roads or agreed upon
between them and the Road Commissioners and
County Commissioner as the contract price Tor
keeping the same in repair.
SEC. s. And be ii enacted, That the contractors
under the aioregoing section shall be known as
Road Supervisors; and it shall be the duty of said
EEpergisprs 70 koep The r9aas IN their change at
limo n sl
and easY passage over the same, said roads to be
free from all overhanging and prnlectng limbs or
bushes. from all ruts, holes. loose stones, brush
and rubbish of every kind whatsoever. higher in
the center than at the sides, except when other
wise ordered by the County Commissioners. and
with clear, open bitches OF su hctent capacity and
grade to carry Gil the water the SGEeFF-ars shall
give promnt notice to the Road Commissioner in
charge Ct their road district OF any injury done to
the bridges on the roads in their charge and also
of any unlawful obstruction placed on said roads;
and any Supervisor falling to perform the atore-
going duties shall be liable to Indictment by the
Grand Jury and upon conviction snail be hned
,ist more than one hundred nor less imam twenty
i've dGia.s with scgtl, and if the same cannot he
recovered from fh5 sald suuerl lsor mis- bond shall
be liable for the payment thereof, the hne to be
paid into the County Treasury to the credit o. the
road and bridge account; and the County Com
Ipissione-s upon the complaint to them in writing
nj any responsible eitiseh and Taxpayer 81 the
spnty, or upon the report u any haad commits
/. Toner or County Commissioner, that any SanGr-
hisor is derelict in his duty, shali CAUSE sum
sons directed to tho Sheriff OF the county 10 De
.seed by their Clerk commanding said Supervi-
-or to appear before them on day named ny them
o answer said complaints or report, and II he
saIl fail to make satisfactory answer or SGli re-
SO to appear, the CammisslaHefs shall at once
clare hiin removed FROM office and shall direct
= Road Commissioners in charge OF the road
srict where said Supervisor resides TO take
,rge of his road and repair the same during the
aainder of the term of said Supervisor. and the
Al of said Supervisor shall he liable for al Ests
lid rapa,r5 IN eAceas u AMOUNT pf contract anu
be sued on by the County Commissioners to
yer said costs II the sureties shall refuse to
the = pe; but II the sUreties desire TO nave
-, lumber a resident Of the road district
,ne said road is located, or some other
.,erson residing in said district, TO take
Sf the road, he may be appointed by the
Commissioners to succeed 4a,I aeEerH Sor.
il hs required 10 execute a now contract
i'd ior the remainder of the term: the same
Il apply in cases Of death or rem 1 rom
sty Of any Supervisor; and in the hearing
= 1aint or report against II supervisor the
Commissioners shall allow ample time
apearance OF the accused and sha.i sum
80 them any witnesses that 10 fnaS ask
70 neaJd in his Eehal', AID alaQ any witnesses
that mag be necessary to sustain the complaint
or report, and the bonds Of the Supervisors shall
be ,iabl e for the damages sustained by any one,
in person or property, in consequence of the neg
Iect of duty upon the part of said Supervisors.
SEC 8. And be it enacted, That the Road Com
nissioners shall have immediate charge of all
bridges sluices and trunks in their respective
road districts and shall keep the Zane at all
times in "a 10 AMI su6stantal ebndition and shall
..ake all necessary repairs OF improvements
iaefeto not exceeding in cost more than fifteen
dollars in any one case. unless ordered by the
County Commissioners to expend larger sum in
said repairs or improvements: and 1t shall lie the
duty Of said Road CommissiGneis prior to the
secOnd Tuesday 81 every month, to inspect the
cQads and bridges IL their Respective road districts
aud report il 1rfting the condition OF the same to
The Caunty Commissioners at their regular meet
ing III said month, with any recommendations
In
ment of the costs Of repairs or improvements
made by them up to that time, attaching to said
statement an affidavit in the usual FORM and they
shall also. at the same time report to the County
map have Jailed IL pefiorm iia duties az defined
II dis Act; and the Road Commissioner in each