74 LAWS OF MARYLAND.

the County Commissioners, having jurisdiction, for the filling
up or restoring such streets or roads to their former condi-
tion.

366. Any of the corporations formed under class thirteen,
Section 28 of this Article, as codified by the Code of 1904, shall
have the power which is conferred upon telegraph companies
incorporated under this Article by Section 324, and may con-
struct and lay any part of its line or lines underground or any
route for which it is authorized to construct such lines in
whole or in part, above ground, and such corporation may
acquire by condemnation and property or right whatsoever
necessary for its purposes in its discretion, either in fee simple
or the use thereof in fee simple, or for a less estate, either
in the manner set forth in Sections 251 and 152, or, Sections
360 and 365 of this Article; provided, however, that all cor-
porations incorporated, or to be incorporated by virtue of said
Section 28, class thirteen, and all corporations heretofore or
hereafter incorporated under the provisions of this Act, shall
obtain the assent and approval of the Mayor and City Council
of Baltimore City, before using the streets or highways of Bal-
timore City, either the surface or the ground beneath the same.

The provisions of this proviso, however, not to apply to such
corporations as are now in practical operation and have laid
or constructed their lines, pipes, mains or other structures, or
any part thereof in the City of Baltimore, except as to the use
and occupancy by them of new and additional streets and high-
ways in the City of Baltimore by their lines, pipes, mains or
other structures.

Approved April 1, 1910.

CHAPTER 541.

AN ACT to repeal and re-enact with amendments Section 170
of Article 23 of the Code of Public General Laws of Mary-
land of 1904, title "Corporations," subtitle "Insurance De-
partment," being also Section 12Gc of Article 23 of the Code
of Public General Laws of Maryland of 1888 as enacted by
Section 1 of Chapter 1 of the Acts of the General Assembly
of Maryland passed at its January Session of 1902.

SECTION 1. Be it enacted ty the General Assembly of Mary-
land, That Section 170 of Article 23 of the Code of Public
General Laws of Maryland of 1904, title "Corporations," sub-
title "Insurance Department," being also Section 126c of
Article 23 of the Code of Public General Laws of Maryland
of 1888 as enacted by Section 1 of Chapter 1 of the Acts of
the General Assembly of Maryland, passed at the January