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certified by the Governor of this State to be a full and adequate description of the equipment now used by said company in furnishing the service mentioned in this proviso, which description or a copy thereof, duly certified by said clerk, shall be taken as a true description of said equipment in all proceedings, whether civil or criminal, which may hereafter be taken to enforce the requirements of this proviso or of the sections of this article therein mentioned, and the said equipment shall always include and secure for each subscriber a separate wire; and if any individual, company or corporation owning, controlling, managing or operating a telephone line or lines within the limits of this State, shall at any time hereafter neglect or refuse to furnish the equipment and service mentioned in this proviso to any person or corporation entitled thereto under the terms of the sections of this article enumerated in said proviso, the said individual, company or corporation so refusing or neglecting, and the officers or agents of any such company or corporation, and the agents of every such individual, shall be liable to indictment therefor, and upon conviction thereof shall be fined for each offense not less than fifty dollars, nor more than two hundred dollars, in the discretion of the court; and provided also that any person entitled to telephone service under the provisions of said Sections 333 to 338 (both inclusive), but no other person shall have the right and privilege to use, without extra charge, any other telephone equipment, with the consent of the subscriber to the last mentioned equipment, and any individual, company or corporation, or the officers and agents of any such company or corporation, and the agents of every such individual refusing or neglecting to allow such right or privilege shall be liable to indictment, and upon conviction thereof shall be fined for each offense not less than fifty dollars, nor more than two hundred dollars, in the discretion of the court.

1908, ch. 280.

338A. Telegraph companies engaged in the business of transmitting communications by telegraph in the State of Maryland, and charging tolls therefor, shall show conspicuously on each and every telegram delivered the time it was filed for trans

mission and the time it was received at the office from which it is to be delivered.

Ibid.

338в. The time for filing the telegram at place of origin and the time received at destination of each and every telegram transmitted, as provided in Section 338A, shall appear on each and every telegram under the captions "Time Filed" and "Time Received."

Ibid.

338c. Failure to comply with the provisions of Sections 338A and 338B of this Act shall be punishable by a fine of not less than ten dollars ($10) nor more than two hundred dollars ($200) for each and every telegram delivered in violation of said Sections 338A and 338B.

339.

Trust, Surety and Fidelity Companies.

1898, ch. 302, sec. 244A.

Whenever any bond, undertaking, recognizance or other obligation is by law, or the charter, ordinances, rules or regulations of any municipality, board, body, organization, court, judge or public officer, required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act, is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guaranty may be executed by a surety company qualified as hereinafter provided; and such execution by such company of such bond, undertaking, obligation, recognizance or guaranty, shall be in all respects a full and complete compliance with every requirement of every law, charter, ordinance, rule or regulation that such bond, undertaking, obligation. recognizance or guaranty shall be executed by one surety or by one or more sureties, or that such sureties shall be residents or householders or freeholders, or either, or both, or possess any other qualification; and all courts, judges, heads of departments, boards, bodies, municipalities and public officers of every character, shall accept and treat such bond, undertaking, obligatiton, recogni. zance or guaranty when so executed by such company as con

forming to and fully and completely complying with every such requirement of every such law, charter, ordinance, rule or regulation.

1898, ch. 302, sec. 244в.

340. Such company or companies to be so qualified as to act as such surety or guarantor must comply with the requirements of every law of this State applicable to such company or companies doing business therein must be authorized under the laws of the State where incorporated and under its charter to become surety upon such bond, undertaking, obligation, recognizance or guaranty; must have a fully paid up and safely invested and unimpaired capital of at least $250,000; must have good available assets exceeding liabilities, which liabilities for the purpose of this and the preceding section shall be taken to be its outstanding debts and a premium reserve at the rate of fifty per centum of the current annual premiums on each outstanding bond, undertaking, recognizance and obligation of like character in force; must file with the State Tax Commissioner a certified copy of its certificate of incorporation a written application to be authorized to do business under the preceding section, and also with such application and in each year thereafter, a statement verified under oath made up to December 31st preceding, stating the amount of its paid-up cash capital, particularizing each item of investment, the amount of premiums upon existing bonds, undertakings, recognizances and obligations of like character in force upon which it is surety, the amount of liability for unearned portion thereof estimated at the rate of fifty per centum of the current annual premiums on each such bond, undertaking, recognizances and obligations in force, stating also the amount of its outstanding obligations of all kinds, and such further facts as may be by the laws of this State required of such company in transacting business therein; and if such company be organized under the laws of any other State than this State, it must have on deposit with a State officer of one of the States of the United States, not less than $100,000 in good securities, deposited with and held by such officer for the benefit of the holders of its obligations; must also appoint an attorney in this State upon whom process of law can be served, which appointment shall con

tinue until revoked, or another attorney substituted, and must file with the State Tax Commissioner evidence of such appointment, which shall state the residence and office of such attorney.

1898, ch. 302, sec. 244c.

341. The State Tax Commissioner upon due proof by any such company of its possessing the qualification in Section 340 specified shall issue to such company a certificate setting forth that such company has qualified and is authorized for the ensuing year to do business under Section 339, which said certificate shall be evidence of such qualification of such company and of its authorization to become and be accepted as sole surety on all bonds, undertakings, recognizances, obligations required or permitted by law, or in the charter, ordinances, rules or regulations of any municipality, board, body, organization or public officer, and the solvency and credit of such company for all purposes and its sufficiency as such surety.

1892, ch. 279.

342. No corporation, which under the laws of this State, shall act as trustee, executor, administrator, guardian, committee or receiver, or in any one or more of those capacities without bond or security other than its own obligation, in any case in which bond would be required from a natural person in the like or similar capacity, shall incur the liability of a surety upon any bond of any sort or description, and all acts and parts of acts whether general or special inconsistent herewith are hereby repealed.

Turnpike, Plank Road and Passenger Railway Companies.

1888, art. 23, sec. 233. 1868, ch. 471, sec. 107. 1882 ch. 456. 343. Corporations for making turnpikes, or plank roads, or passenger railways outside of the limits of the city of Baltimore, may be formed as hereinbefore provided; no such passenger railway to exceed twelve miles in length; and such turnpikes, plank roads, or passenger railways may be constructed on the bed of any county road or on part of the bed

thereof, the consent of the County Commissioners of the county in which said road may lie, having been first given in writing and recorded among the proceedings of said County Commissioners, and also recorded in the book or journal of proceedings of said corporation; the location of the bed of any part of said county road may be changed by said corporation, for the purpose of a better construction of said turnpike, or plank road, or passenger railway; provided, the land to be occupied be obtained by agreement with the owners thereof, or by condemnation; at least fifteen feet in width of the bed of any turnpike road shall be covered with broken stone or gravel, or other hard or durable materials, to the depth of at least twelve inches, unless the natural bed be hard; and the bed of any plank road shall be well and securely laid and covered with plank or wood for the same width.

Back River Co. v. Homberg, 96 Md. 436.

Ibid. sec. 234. 1882, ch. 456, sec. 2.

344. In all cases when any passenger railway company uses the road bed or any portion thereof of any turnpike, street or road in any county in this State, it shall, at all times, keep in good and proper repair, not only the portions of said turnpike, street or road which may be embraced between the rails of its track, but also that part which shall extend for a distance of two feet on either side of said rails; and in case of refusal or neglect to comply with the provisions of this section within five days after due notice in writing shall have been given by the County Commissioners of the county in which said passenger railway has its tracks, then it shall be subject to a penalty or fine of ten dollars a day for each and every day of such refusal or neglect to repair and put in order any such turnpike, street or road; said fine to be recovered by suit before any justice of the peace of said county, in the name of the County Commissioners of said county.

1888, art. 23, sec. 235. 1868, ch. 471, sec. 108.

345. When any turnpike, or plank road or passenger railway, shall have been finished one mile in length, the president and directors shall report to the County Comissioners of the

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