GARRETT COUNTY. 2793

permit or the payment of a charge; provided, that whenever any State

or County highway is to be disturbed the public authority having control
thereof shall be duly notified, and provided further that said highway
shall be repaired and left by the Mayor and Town Council in the same

or a not inferior condition to that existing before being torn up, and that
all costs incident thereto shall be borne by the Mayor and Town Council.

1924, ch. 381, sec. 13.

278. Any employee or agent of the Mayor and Town Council shall
have the right of entry, at all reasonable hours, upon any private prem-
ises and into any building in the said town, and outside of said town
if the premises or building is connected with the said town's water system
or sewerage system, while in the pursuit of his official duties, and any
restraint or hindrance offered to such entrance by any owner or tenant or
agent of said owner or tenant, shall be a misdemeanor, punishable under
Section 281 of this Article.

1924, ch. 381, sec. 14.

279. All individuals, firms and corporations having buildings, con-
duits, pipes, tracks or other physical obstructions in, over or under the
public roads, streets or alleys of the said town, or of those portions of

Garrett County outside of said town, which shall block or impede the
progress of the said town's water or sewerage system, while in process of

construction, shall upon reasonable notice from the Mayor and Town
Council, promptly so shift, adjust, accommodate or remove the same, at
their own cost and expense as to fully meet the exigencies occasioning
such notice; and should the exigencies of any case involve the taking, in

the constitutional sense, of the franchise or right in the exercise of which
such construction had its origin, the Mayor and Town Council shall be
empowered to condemn an easement in said franchise or right. Every
public service corporation, company or individual, before it or they shall
begin any underground construction in any street, road, alley or public
highway within the said town, shall file with the Mayor and Town Coun-

cil a plan of such construction showing the location and depth in such
street, road, alley or public highway of the proposed main, conduit or
pipe; which plans must be approved by the Mayor and Town Council
before such construction is begun; and when approved no change shall be
made in the physical location of anything shown upon said plan except
upon the approval of the Mayor and Town Council. Whenever any such
underground main, conduit or pipe is put in without the filing of plans
with the Mayor and Town Council and the approval thereof, or when
any change is made in the physical location of such underground main,
conduit or pipe, as shown upon the plans approved by the Mayor and
Town Council, or any approved change therein, the Mayor and Town
Council, when such conduit, main or pipe interferes with the construc-
tion or operation of its water or sewerage systems, may remove the same

or change the location thereof at the cost and expense of the party so
putting them in, or its successors, and without any liability upon the part