ART. 23] TELEGRAPH AND TELEPHONE COMPANIES. 695

for every additional mile distant from said exchange; provided, that
the individual, company or corporation desiring to use such telephone
and lines shall agree to contract for the use of such telephone and lines
for a period of not less than six months.

For a case involving the validity of a municipal ordinance granting a tele-
phone company the right to use the city streets provided it would furnish
telephone service at certain rates; the effect of the acceptance of the ordi-
nance by the telephone company; the kind of telephone service required to
be furnished; and the remedy in case of a failure on the part of the tele-
phone company to maintain the prescribed rates, see Simons Co. v. Mary-
land Telephone Co., 99 Md. 141. And see Maryland Telephone Co. v. Simons
Co., 103 Md. 139.
See sec. 454.

1904, art. 23, sec. 334. 1892, ch. 387. 1896, ch. 139, sec. 232 B.

369. Where any two cities, towns or villages in the State of Mary-
land are connected by wire, operated, managed, controlled or owned
by any individual, company or corporation, the price for the use of
any telephone for the purpose of conversation between such cities,
towns or villages, shall, for each five minutes or fraction of five minutes
of such use, not exceed the amount hereby fixed, that is to say: where
the distance does not exceed ten miles, fifteen cents; where the distance
is more than ten miles and not more than thirty miles, twenty-five
cents; where the distance is more than thirty miles and not more than
fifty miles, one cent a mile; where the distance is more than fifty
miles, fifty cents; and one-half a cent for each mile in excess of fifty
miles.

See sec. 454, and note to sec. 368.

Ibid, art 23, sec. 335. 1892, ch. 387, sec. 232c.

370. The word "telephone" wherever used in sections 368 to 373,
shall be construed to include, and consist of a receiver, a transmitter, a
magnetto or call-bell, or cell battery, a backboard, a battery box and
all necessary appliances now and hereafter in use for and constituting
a telephone equipment as now or heretofore rented by telephone com-
panies to their patrons and subscribers.

The definition of the word "telephone" as set out in this section, has no
application to cases in which parties have entered into lawful contracts in
which they fix for themselves the terms of their contracts, and define what
they are contracting for. Simons Co. v. Maryland Telephone Co., 99 Md.
170. And see Maryland Telephone Co. v. Simons Co., 103 Md. 139.

Ibid. sec. 336. 1892, ch. 387, sec. 232 D.

371. Every telephone company with wires wholly or partly within
this State and engaged in a general telephone business shall, within
the local limits of such telephone company's business, supply all appli-
cants for telephone connections and facilities with such connections
and facilities, without discrimination or partiality; provided such appli-
cant comply or offer to comply with all reasonable regulations of the
company; and no such company shall impose any conditions or restric-
tions upon any such applicant that are not imposed impartially upon
all persons or companies in like situation, nor shall such companies