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authorized, then in such cases entry may be permitted in accordance with the provisions of such written lease or authority. As to safe deposit companies, see also section 106, et seq.

Telegraph and Telephone Companies.*

1904, art. 23, sec. 322. 1888, art. 23, sec. 222. 1868, ch. 471, sec. 127.

357. Corporations for owning, leasing constructing or operating a line or lines of telegraph through this State or from or to any point or points within this State, or upon the boundaries thereof, may be formed as hereinbefore provided.

Ibid, sec. 323. 1888, art. 23, sec. 223. 1868, ch. 471, sec. 128. 358. Such corporation may, with the consent of a majority of its stockholders given in general meeting, become the purchaser, assignee or lessee of any property within this State of any telegraph company or companies now existing, or which may hereafter be incorporated, or may be doing business within this State.

Ibid, sec. 324. 1888, art. 23, sec. 224. 1868, ch. 471, sec. 129. 359. It may construct a line or lines of telegraph through this State, or from or to any point or points within this State, roads and postal routes, roads, streets and highways, or across any of the bridges or waters within the limits of this State, by the erection of the necessary fixtures, including posts, piers or abutments for sustaining the cords or wires of such lines, without their being deemed a public nuisance subject to be abated by any private party; provided, the same shall not be so constructed as to incommode injuriously the public use of said postal roads or postal routes, roads, highways and bridges or injuriously interrupt the navigation of said waters, or inter fere with the convenience of any land owner more than is unavoidable; and this section shall not be so construed as to authorize the construction of any bridge across any of the navigable waters of this State; but the said corporation shall be responsible for any damages which any person or corporation may sustain by the erection, continuance and use of such fixtures; and in any action brought for the recovery thereof

* See Code, volume 3, Article 27, as to the use of messenger boys by telegraph companies, entitled "Crimes."

by the owner or possessor of any lands, the damages to be awarded may, at the election of such corporation, include the damages for allowing the said fixtures permanently to continue; on payment of which damages, the right of the corpora tion to continue such fixtures shall be confirmed, as if granted by the parties of the suit; provided, that no person or body politic shall be entitled to sue for or recover damages as aforesaid, until the said corporation, after due notice, shall have failed or refused to remove, in reasonable time, the fixtures complained of; or the president and directors of the said company may apply to a justice of the peace of the county or city where such lands are and such justice shall thereupon issue his warrant, directed to the sheriff of said county or city, commanding him to summon twelve disinterested persons, qualified to serve as jurors, to meet at the proper place, as directed by the said justice; and the sheriff shall qualify the said persons, by oath or affirmation, faithfully to perform the duties required of them by the next succeeding section.*

1904, art. 23, sec. 325. 1888, art. 23, sec. 225. 1868, ch. 471, sec. 130. 360. The said jury shall make a just and equitable appraisement of all the loss or damage that may be sustained by any person or corporation, on or over whose lands or bridges said posts, piers or abutments are intended to be placed, and shall make a true return and inquisition thereof, in writing, under their hands and seals.

1904, art. 23, sec. 326. 1888, art. 23, sec. 226. 1868, ch. 471, sec. 131. 361. The sheriff shall make return of the inquisition so found, to the clerk of the Circuit Court for the county, or the Superior Court of Baltimore City, who shall file the same and lay it before the said court at its next session; and such inquisition shall be confirmed by said court, unless good cause be shown to the contrary; and when confirmed, shall be recorded by the clerk, at the expense of the corporation; but if set aside, the said court may direct another inquisition to be taken in the manner above prescribed. The valuation of such loss or damage, when paid or tendered to the owner or owners of the

Phelps vs. Howard Co., 117 Md. 175; Earp vs. Phelps, 120 Md. 282.

property, or his, her or their legal representatives shall entitle the said corporation to the easement thus valued, as fully as if it had been conveyed to the said corporation by the owners of the same; and the valuation, if not received when tendered, may, at any time thereafter, be received from the company without costs, by the said owner or owners, or his, her or their legal representative or representatives.

Ibid, sec. 327. 1888, art. 23, sec. 227. 1900, ch. 267.

362. Any such corporation formed as aforesaid may with the consent of the majority of the owners of the capital stock of such corporations, given in general meeting, extend their lines of telegraph into any other State, or may construct branch lines in this State or any other State, or may lease, sell or convey its property, rights, privileges and franchises or any interest therein or any part thereof to any telegraph company organized under or created by the laws of this or any other State, and may acquire by lease, purchase or conveyance the property, rights, privileges and franchises or any interest therein or any part thereof of any telegraph company organized under and created by the laws of this or any other State upon such terms and conditions as may be agreed upon between the respective companies, or by purchase at any sale of the property and franchises of any such corporation heretofore incorporated or hereafter to be incorporated under the terms. of a mortgage or deed of trust heretofore made, or hereafter to be made, conveying the property and franchises of any such company, or under decree of any court, or under an execution issued against the property of said company; and said purchasing company shall have and possess all the rights, franchises and privileges heretofore enjoyed by the company whose property is so acquired, whether the same were acquired under grant from any State, municipality or other corporation; or may consolidate with any other telegraph company. or corporation of this or any other State, under such name and with such capital stock, and upon such terms as may be agreed upon between such companies or corporations; and whenever such consolidation as aforesaid is made, a certificate of the same and of the particulars thereof shall be executed

and acknowledged by the president or other principal officers of said corporations so consolidating, which said certificate shall be recorded in the clerk's office of the Superior Court of Baltimore City, if the principal office of the said consolidated corporation in this State is located in Baltimore City, or in the office of the clerk of the Circuit Court for that county in which the principal office of said consolidated company in this State is located, and when said consolidated company is formed it shall be subject to the provisions of this article as far as the same are applicable.*

1904, art. 23, sec. 328. 1888, art. 23, sec. 228. 1868, ch. 471, sec. 133.

363. Persons, associations or corporations, owning any telegraph line doing business within the State, shall receive despatches from and for other telegraph lines, associations and companies, and from and for any individual, and shall transmit such despatches in the manner established by the rules and regulations of such telegraph lines, and in the order in which they are received, with impartiality and good faith, under the penalty of one hundred dollars for every neglect or refusal so to do, to be recovered, with costs of suit, in the name and for the benefit of the person or persons sending or desiring to send such despatch; provided, however, that arrangements may be made with the proprietors or publishers of newspapers for transmission of intelligence of general and public interest, for the purpose of publication out of its order.

Ibid, sec. 329. 1888, art. 23, sec. 229. 1868, ch. 471, sec. 144.

364. Any person who shall unlawfully and intentionally injure, molest or destroy any of said lines, posts, piers or abutments, or the materials or property connected with the working of any telegraph lines, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not, exceeding five hundred dollars, or by imprisonment in the county or city jail not exceeding one year, or both, at the discretion of the court before which the conviction shall be had.

As to franchises, see Consolidated Gas Company vs. Baltimore, 105 Md. 431; United Railways Company vs. Baltimore, 111 Md. 265.

Ibid, sec. 330. 1888, art. 23, sec. 230. 1868, ch. 471, sec. 135. 365. Any person connected with any such corporation in this State, either as clerk, operator messenger, or in any other capacity, who shall wilfully divulge the contents or the nature of the contents of any private communication entrusted to him for transmission or delivery, or who shall wilfully refuse or neglect to transmit or deliver the same shall, on conviction before any Court, be adjudged guilty of a misdemeanor, and shall suffer imprisonment in the jail in the county or city where such conviction shall be had, for a term of not more than three months, or shall be fined not exceeding five hundred dollars, in the discretion of the Court.

1904, art. 23, sec. 331. 1888, art. 23, sec. 231. 1868, ch. 471, sec. 136.

366. If the wires or cords of any telegraph line be located or stretched, or extended from one post or pole to another in such manner as to prevent the owner of any timber growing along the line of such telegraph corporation from cutting and felling the same, and the owner thereof in cutting or felling such timber shall injure the wires, cords or posts of such telegraph line, he shall not be liable to an action for damages, unless it shall appear that in such cutting and felling, or in having the same cut or felled, the said owner wilfully and intentionally injured such wires, cords and posts.

Ibid, sec. 332. 1888, art. 23, sec. 232. 1884, ch. 360.

367. The provisions of the preceding sections, 357 to 366, both inclusive, in relation to telegraph companies, shall likewise apply to and have full force and effect in respect to telephone companies created under the porvisions of this Article.

Ibid, sec. 333. 1892, ch. 387, sec. 232A.

368. No individual company or corporation, now or hereafter owning, controlling, managing or operating any telephone line or lines within the limits of any city, town or village in the State of Maryland, shall charge, collect or receive, as rental for the use at any and all hours of the day and night, of such telephone and lines connecting with a central exchange, or point of communication, through which conversation may be held, over all other lines connecting with such exchange, or

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