ALBERT C. RITCHIE, GOVERNOR. 1487

SEC. 12. And be it further enacted, That the Commission-
ers of Delmar may enter upon any county or municipal street,
road or alley or any public highway other than State highway,
for the purpose of installing, maintaining and operating the
sewerage and drainage system provided for under this act, and
it may construct in any such street, road or alley or public
highway, a sewer or drain, or any appurtenance thereof by first
obtaining a permit from the proper authorities without the
payment of a charge; provided that whenever any county or
municipal highway is to be disturbed the public authority hav-
ing control thereof shall be duly notified, and provided, fur-
ther, that said highway shall be repaired and left by the Com-
missioners of Delmar in the same, or a not inferior condition
to that existing before being torn up, and that all costs inci-
dent thereto shall be borne by the Commissioners of Delmar.
When said Commission desires to enter upon any State high-
way for the purposes aforesaid it must first comply with the
provisions of Section 37-A of Article 91 of the Code of Public
General Laws of Maryland.

SEC. 13. And be it further enacted, That any individual,
firm or corporation, having buildings, conduits, pipes, tracks
or other physical constructions in, over or under the public
roads, streets, or alleys of the town of Delmar, which shall
block or impede the progress of the Commissioners' sewerage
or drainage system while in the process of construction and
establishment shall, upon reasonable notice from said Commis-
sioners of Delmar promptly so shift, adjust, accommodate or
remove the same, at the cost of the Commissioners, as to fully
meet the exigencies occasioning the said notice, and should the
exigencies of any case involve a taking, in the constitutional
sense, of the franchise or right in the exercise of which such
obstruction had its origin, the Commissioners of Delmar shall
be empowered to condemn an easement in said franchise or
right. Any violation of the provisions of this Section shall be
a misdemeanor punishable under Section 15 of this act,

SEC. 14. And be it further enacted, That every act or omis-
sion designated as a misdemeanor in this act, unless otherwise
provided shall be punishable before any Justice of the Peace,
or the Circuit Court for Wicomico County and shall be brought
by warrant or indictment upon the oath or information of any
member of said Commissioners of Delmar or any employee
thereof, and the offender shall, upon conviction, be subject to
a fine not exceeding one hundred dollars or thirty days in the