1906 ARTICLE 43

this sub-title shall, for any reason, be adjudged by any court of competent
jurisdiction to be unconstitutional or invalid, in any particular applica-
tion, and the said clause, sentence, paragraph or section of this sub-title
shall be constitutional and valid when otherwise applied, such adjudica-
tion shall not affect, impair or invalidate said clause, sentence, paragraph
or section, but shall be confined to the particular application so found
unconstitutional or invalid.

Water, Ice and Sewerage.

An. Code, 1924, sec. 328. 1912, sec. 269. 1914, ch. 810, see. 1.

372. The term "Waters of the State" shall include that portion of the
Atlantic Ocean and its estuaries within the State of Maryland, the Chesa-
peake Bay and its estuaries, and all springs, ponds, streams, wells and bodies
of surface or ground water, whether natural or artificial, within the bound-
aries of this State or subject to its jurisdiction. "Sewage" shall mean
human and animal excretions, street wash, and all domestic and manu-
facturing waste. "Waterworks," "water supply" and "water supply sys-
tem" shall mean the sources and their surroundings from which water
is supplied for drinking or domestic purposes, together with all structures,
channels and appurtenances by means of which it is prepared for use and
delivered to consumers; excepting only the piping and fixtures inside the
buildings served. "Sewerage system" shall mean the channels by which
sewage is collected and disposed of, together with the body of water into
which it is directly discharged, and all structures and appurtenances, made
use of in its collection and preparation for discharge in satisfactory con-
dition into the waters of the State; excepting only the plumbing system
inside the individual buildings served. For the purposes of this sub-title,
any sewer, no matter what its length and size may be, shall be sufficient
to constitute a sewerage system.

Proceedings of county commissioners of Baltimore county establishing sewerage area,
as directed by the state board of health, held proper. When appeal lies from circuit
court, and from county commissioners to circuit court and to court of appeals; appeal
dismissed. Ludwig v. Baltimore County, 131 Md. 352.

Act of 1914, ch. 810, does not affect a contract made prior to its passage, nor would
it, if applicable, be a valid defense to a suit on the contract. Prayers. Co. Commrs, v.
Belair Sub. Imp. Assn., 134 Md. 554.

The right of access of cattle to Peterson's Run held precarious in view of the act
of 1914, ch. 810. Brack v. Baltimore, 125 Md. 390.

See notes to sec. 378. See art. 27, sec. 620.

As to plumbing, see sec. 318, et seq.; as to nuisances, see sec. 103, et seq.; as to
adulteration of food and drink, see sec. 176, et seq.

An. Code, 1924, sec. 329. 1912, sec. 270. 1914, ch. 810, sec. 2.

373. The State Board of Health shall have general supervision and con-
trol oyer the waters of the State, in so far as their sanitary and physical
condition affect the public health or comfort; and it may make and enforce
rules and regulations, and order works to be executed, to correct and pre-
vent their pollution. It shall investigate all sources of water and ice supply,
and all points of sewage discharge. It shall examine all existing public
water supplies, sewerage systems and refuse disposalplants, and shall have
power to compel their operation in a manner which shall protect the public
health and comfort, or to order their alteration, extension or replacement
by other structures when deemed necessary. After April 16, 1914, it shall
pass upon the design and construction of all public water supplies, sewerage
systems and refuse disposal plants which shall be built within the State.