made to appear to said court by said corporation that the whole of said road within said county has been put in good order and repair, when said order of forfeiture may be rescinded by the said court.

1908, ch. 240.

355. If, within six months after the date of an order of the court forfeiting the right of the corporation to charge tolls, the said road shall not have been put in good order and repair within the limits of the county in which said order may have been passed, the said road within said county shall be forfeited by the corporation, and shall vest in the County Commissioners, who shall cause the same to be put and kept in good order or repair, and collect tolls sufficient for that purpose, or may transfer the same to another corporation in their discretion, in which case the new corporation shall have the same rights and franchises and be subject to the same conditions and forfeitures as the original corporation constructing said road; provided, however, that whenever proceedings as aforesaid have been instituted against the turnpike company incorporated under any special Act of Assembly containing provisions for penalties or forfeitures other than those in this article prescribed, it shall be the duty of the clerk of the court in which such proceedings were so instituted upon the expiration of the period of six months after the passage of the order of court prescribed in Section three hundred and fifty-three of this article, to certify to the Governor of Maryland the fact, if such be then the case, that such order was passed and stands unrevoked; thereupon it shall be the duty of the Governor to direct the State's Attorney of said county to forthwith file a petition in such court in the name of the State of Maryland, praying the forfeiture of the charter of the company so in default, and reciting the proceedings aforesaid, and thereafter the proceedings shall be as prescribed in Sections 57 to 61 (both inclusive) of this article; and upon the passage by the court of a final order of forfeiture the road shall vest in the County Commissioners as herein before provided.

1900, ch. 549.

356. No turnpike company or other road company in this

State shall charge any toll for the travel of any bicycle, tricycle or other vehicle with rubber tires propelled by human muscles.

Uniform Volunteer Companies.

1888, art. 23, sec. 245. 1868, ch. 471, sec. 78.

357. All uniformed volunteer companies shall be subject to the laws for the government of the militia of this State.

Water Companies.

Ibid. sec. 246. 1868, ch. 471, sec. 94. 1898, ch. 199. 358. Any corporation which may be formed under the provisions of this article for the purpose of supplying water shall have power to acquire, possess and use all such land, water rights and other property, and shall have all such power as may be necessary for the purposes for which said corporation was formed. And shall also have power to lay pipes and construct all such other works as shall be necessary or suitable to carry out the purposes of said corporation; provided, the assent of the municipal authorities of any incorporated town or city in which the operations of said corporation may be carried on shall be first had and obtained, or if the operations of any such company shall be carried on in any county outside of an incorporated town or city, the assent of the County Commissioners of said county shall be first had and obtained; and all such works and the exercise of the powers hereby granted, shall, at all times, be subject to such reasonable regulations as said municipal authorities or said County Commissioners, as the case may be, may from time to time prescribe; but nothing in this section shall authorize the incorporation of water companies in the city of Baltimore.

Moores v. Belair Water and Light Co., 79 Md. 393.

1888, art. 23, sec. 247. 1868, ch. 471, sec. 95.

359. If any corporation formed for the purposes mentioned in the preceding section cannot agree with the owner or owners of any land or water rights which such corporation may have power to acquire for the purpose of laying pipes or construcing its works; or if such owner or owners, or any of them,

!

be a feme covert without power to contract in relation to said property, or under age, non compos mentis, or under any other legal disability, or be absent from the county or city in which the said property may lie when the said land or water rights may be needed, the corporation may proceed to condemn and acquire the same in the manner provided for in Sections 360 to 365, both inclusive, of this Article.

Condemnation of Property by Corporations.

Ibid. sec. 248. 1868, ch. 471, sec. 170.

360. If any corporation incorporated under the laws of this State which shall be authorized to acquire by condemnation any land, earth or stone, or any interest therein, cannot agree with the owner or owners thereof, or if any of such owners be a feme sole, and without power to contract, in that regard, under age, non compos mentis, or under any other legal disabilities to contract, or be out of the county in which the property wanted may lie at the time the same is wanted, then in all such cases application may be made by any such corporation to any judge of the Circuit Court for the county in which said land or other materials may lie, or to any judge of the Supreme Bench of Baltimore City, if the said land or materials lie in the city of Baltimore; and thereupon the said judge, upon its being made to appear satisfactorily to him that said land or materials are necessary and proper to be condemned for the use of such corporation, shall issue his warrant, directed to the sheriff of said county or city, as the case may be, requiring him to summon a jury of twenty inhabitants of said county or city, as the case may be, not related to said owner, or in anywise interested in said land, and not stockholders in said corporation, to meet on the land or near the other property or materials to be valued and condemned, on a day named in said warrant, not less than ten, nor more than twenty days after issuing the same.

1888, art. 23, sec. 249. 1868, ch. 471, sec. 171.

361. If at said time and place any jurors summoned do not attend, the sheriff shall immediately summon as many jurors

as may be necessary, with the jurors in attendance, to make twenty jurors, and from them each party, or its, his, her or their agent, or if either party be not present in person or by agent, the sheriff for him, her, it or them may strike off four jurors, and from those remaining on the list the sheriff shall select twelve to act as the jury of inquest of damages.

Ibid. sec. 250. 1868, ch. 471, sec. 172.

362. The sheriff shall, before they proceed to act as such, administer to each of said jury an oath that he will justly and impartially value the damages which the owner will sustain by reason of the occupation of the said land or materials required by the occupation, and find whether or not the condemnation of such land or materials is necessary and proper for the use of such corporation, for the due exercise and enjoyment of its corporate privileges.

Ibid. sec. 251. 1868, ch. 471, sec. 173.

363. The jury shall reduce their inquisition to writing, and shall sign and seal the same, and it shall then be returned by the said sheriff to the clerk of the Circuit Court for his county, or the clerk of the Superior Court of Baltimore City, as the case may be; and if no sufficient cause to the contrary be shown, the said inquisition shall thereupon be confirmed by the said court, at such time and after such notice as shall be fixed by the rules; and when confirmed, shall be recorded by said clerk at the expense of said corporation; but if set aside, or if the jury shall fail to agree, the said court may direct another inquisition to be taken in the manner above prescribed; and like proceedings may be had until an inquisition in reference to said condemnation shall be confirmed.

1888, art. 23, sec. 252. 1868, ch. 471, sec. 174.

364. Every such inquisition shall describe the property taken, or the bounds of the land condemned, and the quantity or duration of interest in the same valued for the corporation; and such valuation, when paid or tendered to the owner of said property, or his legal representative, after confirmation

thereof, or when the same shall be paid into court under such regulations as the court by which the said inquisition shall have been confirmed shall prescribe, shall entitle the said company to the estate and interest in the same thus valued, as fully as if it had been conveyed by the owner of the same; and the valuation, if not received when tendered, may at any time thereafter be received from said corporation without costs by the said owner or his legal representatives; and all fees or per diem to which any sheriff, clerk, juror or other officer shall be entitled for any service required of him under the aforesaid proceedings for condemnation shall be paid by the corporation causing the same to be instituted.

Ibid. sec. 253. 1868, ch. 471, sec. 175.

365. Nothing herein contained shall authorize any incorporated company to take or use property without just compensation, as agreed upon with the owner, or awarded by a jury, having been first paid or tendered to the parties entitled thereto, or paid into a court, after inquisition confirmed, as provided for in the preceding section; and nothing herein contained shall authorize the location of any public road on private property without consent of the owners or the decision of the County Commissioners, upon due hearing as now prescribed by law for opening or altering public roads.

Moores v. Belair Water Co., 79 Md. 393.

1908, ch. 240.

366. Any of the corporations formed under class thirteen, section 28 of this Article, as codified by the Code of 1904, shall have the powers which are conferred upon telegraph companies incorporated under this Article by Section 324, and may construct and lay any part of its line or lines underground on any route for which it is authorized to construct such lines in whole or in part, above ground and such corporation may acquire by condemnation any property or right whatsoever necessary

Art. 23, sec. 366-Class 13. For constructing, owning or operating telegraph or telephone lines in this State, where the principal office of said corporation is located in this State, and for the transaction of any business in which electricity over or through wires may be applied to any useful purpose.