358 LAWS OF MARYLAND [CH. 243
in the sale thereof for the purpose of constructing said systems.
Privately owned systems shall be taken under said condemnation by
the Commission free and clear of all debts and liens, but said Com-
mission shall make a party defendant any person, firm or corporation
having any recorded lien or encumbrance against the same, and the
Circuit Court is hereby empowered and authorized to determine the
respective amounts due the defendants, and from and after payment
into Court or to the proper parties the Commission shall be authorized
to take possession of, maintain and operate said system, as part of
its general system, and from the date of such payment all properties
along the line of any water main or sewer of the system acquired shall
stand in the same relation, bear the same benefit assessment, and be
subject to the same regulations and penalties as though the system
so acquired had been constructed and put into operation by the Com-
mission under the provisions of this sub-title; provided, however,
that no building or premises actually connected in an adequate
manner with the said acquired system, at the time of its purchase shall
be required to pay any connection charge. Whenever there is in
existence a privately owned water supply or sewerage system which
in the judgment of the Commission is unfit, as a whole or in part,
for incorporation with the Commission's system, the Commission
shall disregard the existence of said system or unfit part thereof and
extend its system to serve the area tributary to the existing system
or unfit part thereof, and all the provisions of this sub-title relating
to systems constructed by the Commission shall apply to said ex-
tension. Any municipality whose system is acquired by the Commis-
sion is hereby authorized to use the amount paid to it for said system
for the purchase or redemption of any bonds or debt which may be
outstanding against the same or the Commission may as part of the
purchase price of said system, assume the payment of any such bond.
The Commission shall not purchase any existing water mains, sewers
or systems, in whole or in part, which are improperly constructed or
are not of sufficient capacity or were constructed without proper
authority from the State Department of Health since the passage of
the Act requiring the same.
439. After the passage of this sub-title, whenever a municipality
or the property owners or residents of any locality in the District
shall desire a water supply or sewerage system, or part thereof, to be
constructed in that municipality or locality, and the Commission shall
decide that it is inexpedient or impracticable at that time, owing to
the remoteness from its general system or other causes, to build such
system, such municipality or persons may build and operate said
system at its own expense, but it shall be constructed under plans
and specifications prepared by the Commission and under its super-
vision, and its maintenance and operation shall be under the general
control of the Commission; and no such system or part thereof, or no
water main, sewer, water purification or sewage treatment plant,
or no connection with any of them, shall be constructed or installed
except as in this section provided, and any violation of this provision
shall be a misdemeanor punishable under Section 445 of this sub-title.
All construction and operating records, including cost records, shall
be filed with the Commission, which shall be empowered at any time
to take over said system or part thereof, or said water main, sewer,
water or sewage treatment plant, or connect with any of them in the
same manner as provided under Section 438 for systems existing at
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