920 ARTICLE 23

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 dol-
lars, in the discretion of the court; and provided also that any person
entitled to telephone service under the provisions of said sections 305 to
310 (both inclusive), but no other person, shall have the right and privilege
to use, without extra charge, any other telephone equipment, with the con-
sent of the subscriber to the last mentioned equipment, and any individual,
company or corporation, or the officers and agents of any such company or
corporation, 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. 411 and notes to sec. 305.

An. Code, 1924, sec. 310. 1912, sec. 374. 1908, ch. 280.

311. 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 destination of each and every tele-
gram 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 telegram delivered in violation thereof.
This section relates only to messages from one point in the state of Maryland to
another point in the state, and is a valid exercise of police power. This section is
mandatory and cannot be waived by sender of a message so as to relieve the com-
pany from complying with its provisions, nor can sender be required to pay costs of
notations as to time. Postal Telegraph Co. v. State, 110 Md. 613.

Turnpike, Plank Road and Passenger Railway Companies.

An. Code, 1924, sec. 314. 1912, sec. 382. 1904, sec. 343. 1888, sec. 233. 1868, ch. 471,

sec. 107. 1882, ch. 456.

312. Corporations for making turnpikes, or plank roads, or passenger
railways outside of the limits of the city of Baltimore, may be formed as
hereinbefore provided; no such passenger railway to exceed twelve miles
in length; and such turnpikes, plank roads, or passenger railways may be
constructed on the bed of any county road or on part of the bed thereof,
the consent of the county commissioners of the county in which said road
may lie, having been first given in writing and recorded among the pro-
ceedings of said county commissioners, and also recorded in the book or
journal of proceedings of said corporation; the location of the bed of any
part of said county road may be changed by said corporation, for the pur-
pose of a better construction of said turnpike, or plank road, or passenger
railway; provided, the land to be occupied be obtained by agreement with
the owners thereof, or by condemnation; at least fifteen feet in width of the