926 ARTICLE 23

poration was formed. And shall also have power to lay pipes and construct
all such other works as shall be necessary or suitable to carry out the pur-
poses of said corporation; provided, the assent of the municipal authorities
of any incorporated town or city in which the operations of said corporation
may be carried on shall be first had and obtained, or if the operations of
any such company shall be carried on in any county outside of an incor-
porated town or city, the assent of the county commissioners of said county
shall be first had and obtained; and all such works and the exercise of the
powers hereby granted, shall, at all times, be subject to such reasonable
regulations as said municipal authorities or said county commissioners, as
the case may be, may from time to time prescribe; but nothing in this sec-
tion shall authorize the incorporation of water companies in the city of
Baltimore.

Where a company's original charter authorizes it to lay its pipes in the first district
of Baltimore County without obtaining assent of county commissioners, and subse-
quently by amendment to its charter, the company is authorized to extend its opera-
tions to other parts of Baltimore County, such company is not authorized to 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 over water companies laying pipes,
than over gas companies, as shown by a comparison of this section with section 178.
Consol. Gas Co. v. Baltimore County, 98 Md. 695 (decided prior to the act of 1910,
ch. 55—see sec. 178).

This section referred to in construing sec. 329, 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. 413

An. Code, 1924, sec. 330. 1912, sec. 398. 1904, sec. 359. 1888, sec. 247. 1868, ch. 471,

sec. 95.

328. If any corporation formed for the purposes mentioned in the pre-
ceding 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 329 to 334, both inclusive, of this article.

This section referred to in construing sec. 329, et seq.—see note thereto. Moores v.
Bel Air Water Co., 79 Md. 394.

See secs. 153, 185, 206, 319, 329, et seq., and art. 33A.

Condemnation of Property by Corporations.

An. Code, 1924, sec. 331. 1912, sec. 399. 1904, sec. 360. 1888, sec. 248. 1868, ch. 471,

sec. 170.

329. 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, cannot 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