ART. 23] TELEGRAPH AND TELEPHONE COMPANIES. 697

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 men-
tioned 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 368 to 373 (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 sub-
scriber to the last mentioned equipment, and any individual, company

or corporation, or the officers and agents of any such company or corpo-
ration, 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.

The description of telephone equipment 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. Md. Telephone Co., 99 Md. 170. And
see Maryland Telephone Co. v. Simons Co., 103 Md. 139.
See sec. 454.

1908, ch. 280.
374. 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 transmission and the time it was
received at the office from which it is to be delivered. The time of
filing the telegram at place of origin and the time received at destina-
tion of each and every telegram transmitted, as provided in this section,
shall appear on each and every telegram under the captions "time filed"
and "time received." Failure to comply with the provisions of this
section shall be punishable by a fine of not less than ten dollars ($10),
nor more than two hundred dollars ($200) for each and every tele-
gram delivered in violation thereof.