1506 LAWS OF MARYLAND. [CH. 601

torn up, and that all costs incident thereto shall be borne by the
Commissioners of Leonardtown.

SEC. 10. And be it further enacted, That any individual,
firm or corporation, having building, conduits, pipes, tracks or
other physical constructions, in, over or under the public roads,
streets, or alleys of the town of Leonardtown, which shall block
or impede the progress of the water supply system of the Com-
missioners of Leonardtown, while in the process of construction
and establishment, shall, upon reasonable notice from said the
Commissioners of Leonardtown, promptly so shift, adjust,
accommodate or remove the same, at their own cost and expense,
as to fully meet the exigencies occasioning the said notice, and
should the exigencies of any case involve a taking, in the con-
stitutional sense, of the franchise or right in the exercise of
which such obstruction had its origin, the Commissioners of
Leonardtown shall be empowered to condemn an easement in
said franchise or right; provided, however, that nothing in
this section or in this Act, is intended or is to be construed
as intending to deprive any person of his constitutional rights.
If, however, any part or parts of this Act shall be held uncon-
stitutional, the parts hereof not held unconstitutional shall
remain in full force and effect. Any violation of the provi-
sions of this Section shall be a misdemeanor punishable under
Section 11 of this Act.

SEC. 11. 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 St. Mary's County, and shall be
brought by warrant or indictment upon the oath or information
of any member of said the Commissioners of Leonardtown or
any employee thereof, and the offender shall upon conviction,
be subject to a fine not exceeding one hundred dollars or 30 days
in the county jail, or both, in the discretion of the Court.
Where such act or omission is of continuous nature, and is per-
sisted in, in violation of the provisions of this Act or any rule
or regulation formulated thereunder, a conviction for one
offense shall not be bar to a conviction for a continuation of
such offenses subsequent to the first or any succeeding con-
viction.

SEC. 12. And be it further enacted, That all acts or parts of
acts inconsistent with the provisions of this Act, be and the
same are hereby repealed to the extent of their inconsistency,