CORPORATIONS. 795

lay its mains under the highways of portions of Baltimore county other than the
first district, without assent of county commissioners. Baltimore County Water Co.
v. Baltimore County, 105 Md. 163.

County commissioners have much greater powers oyer water companies laying
pipes, than over gas companies, as shown by a comparison of this section with sec-
tion 177. Consol. Gas Co. v. Baltimore -County, 98 Md. 695 (decided prior to the
act of 1910, ch. 55—see sec. 177).

This section referred to in construing sec. 331, et seq.—see note thereto. Moores
v. Bel Air Water Co., 79 Md. 393.

For the regulations concerning water companies prescribed in the act creating the
public service commission, see sec. 402.

An. Code, sec. 398. 1904, sec. 359. 1888, sec. 247. 1868, ch. 471, sec. 95.

330. If any corporation formed for the purposes mentioned in the
preceding section can not 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 constructing its works; or if such owner or
owners, or any of them, be a feme covert without power to contract in rela-
tion to said property, or under age, or 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 cor-
poration may proceed to condemn and acquire the same in the manner pro-
vided for in sections 331 to 336, both inclusive, of this article.

This section referred to in construing sec. 331, et seq.—see note thereto. Moores
v. Bel Air Water Co., 79 Md. 394.
See secs. 154, 184, 203, 321, 331, et seq., and art. 33A.

Condemnation of Property by Corporations.

An. Code, sec. 399. 1904, sec. 360. 1888, sec. 248. 1868, ch. 471, sec. 170.

331. 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, can not 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 disability
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 war-
rant, directed to the sheriff of said county or city, as the case may be, re-
quiring 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.

This section, et seq., referred to in deciding that art. 91, secs. 28 and 40, so far
as they confer the power and regulate the procedure of condemnation, were not
repealed by the adoption of art. 33A of the Code, particularly in view of sec. 15
of art. 33A. Koehler v. State Rds. Com., 125 Md. 446.