166 ARTICLE 1A

regarding water navigation; while being operated through the air other-
wise than immediately above water, it shall be treated as an aircraft.

"Aeronaut" includes aviator, pilot, balloonist, and every other person
having any part in the operation of aircraft while in flight.

"Passenger" includes any person riding in an aircraft, but having no
part in its operation.

An. Code, 1924, sec. 2. 1927, ch. 637, sec. 2.

2. (Sovereignty in Space. ) Sovereignty in the space above the lands
and waters of this State is declared to rest in the State, except where
granted to and assumed by the United States pursuant to a constitutional
grant from the people of this State.

An. Code, 1924, sec. 3. 1927, ch. 637, sec. 3.

3. (Ownership of Space. ) The ownership of the space above the lands,
and waters of this State is declared to be vested in the several owners of
the surface beneath, subject to the right of flight described in Section 4.

An. Code, 1924, sec. 4. 1927, ch. 637, sec. 4.

4. (Lawfulness of Might. ) Flight in aircraft over the lands and
waters of this State is lawful, unless at such a low altitude as to interfere
with the then existing use to which the land or water, or the space over
the land or water is put by the owner, or unless so conducted as to be im-
minently dangerous to persons or property lawfully on the land or water
beneath. The landing of an aircraft on the lands or waters of another,
without his consent, is unlawful, except in the case of a forced landing.
For damages caused by a forced landing, however, the owner or lessee of
the aircraft or the aeronaut shall be liable, as provided in Section 5.

This section referred to in construing Sec. 5. State v. Sammon, 171 Md. 192.

An. Code, 1924, sec. 5. 1927, ch. 637, sec. 5. 1937, ch. 528.

5. (Damages on Land. ) The owner of every aircraft which is operated
over the lands or waters of this State is prima, facie liable for injuries to
persons or property on the land or water beneath, caused by the ascent,
descent or flight of the aircraft, or the dropping or falling of any object
therefrom, unless the injury is caused in whole or in part by the negligence
of the person injured, or of the owner or bailee of the property injured,
or unless at the time of such injury the said aircraft is being used without
the consent, express or implied, of the owner. If the aircraft is leased at the
time of injury to person or property both owner and lessee shall be prima
facie liable, and they may be sued jointly, or either or both of them may
be sued separately. The presumption of liability on the part of the owner,
or of the owner and lessee, as the case may be, may be rebutted by proof
that the injury was not caused by negligence on the part of such owner or
lessee, or of any person operating such aircraft with the permission of
the owner or lessee, or of any person maintaining or repairing such air-
craft with the permission of the owner or lessee. An aeronaut who is not
the owner or lessee shall be liable only for the consequences of his own
negligence. The injured person, or owner or bailee of the injured property,
shall have a lien on the aircraft causing the injury to the extent of the
damage caused by the aircraft or objects falling from it, provided said in-
jured person, or owner or bailee of the injured property registers and