PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 53

WHEREAS, The public safety and convenience and the proper
regulation of the use of the streets require that when an im-
proved pavement is laid on the remainder of the street an im-
proved pavement should also be laid in the railway area; and

WHEREAS, The existence and use of railway or railroad tracks
upon any public highway necessitates the paving of a much
wider roadway to properly accommodate public travel than
would be required if there were no tracks upon such highway;
therefore,

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That there is hereby imposed upon every corporation oc-
cupying with railroad or street railway track or tracks any por-
tion of any public highway in Baltimore City which shall here-
after be paved or repaved with improved paving by the Paving
Commission of Baltimore City, the State Roads Commission, the
City Engineer, the Annex Improvement Commission, or any
other public commission, board or agency, the obligation to pay
for the cost of such paving within the space covered by any
such railroad or railway track or tracks and for a distance of
two feet outside of each outer rail of such track or tracks. The
cost of the paving, as herein used, shall be construed to include
the cost of the removal of the old cobble or other paving, and all
excavation, ballasting, grading, concreting and other work in-
volved in such paving. This obligation shall apply whether the
entire street be paved with the same kind of improved paving or
whether one kind be put outside of the railway area and a differ-
ent kind within the railway area, provided no more expensive
material or construction be used in the railway area than is rea-
sonably necessary, in the judgment of the Paving Commission
or other agency doing such paving, for the proper construction
of the paving of the entire street. The Paving Commission,
or other public agency, having in charge the construction of such
paving, may permit said corporation to do any part of the work
within the railway area which said Commission or other agency
may consider can be done by said corporation without detriment
to the public welfare or the proper progress of the work. In
order to give such corporation an opportunity to do any part or
parts of the work which it may be authorized to do by said Com-
mission or other agency, the said Commission or other agency,
before beginning work upon any portion of a street occupied by
a railroad or railway track or tracks, shall give to the corpora-
tion owning, operating and using such track or tracks reason-
able notice of its intention to do such work and of the time when
it proposes to begin such work on such street. The said Com-
mission or other agency, shall keep an accurate account of the