124 LAWS OF MARYLAND [CH. 36

issue his warrant, directed to the sheriff of said county or city, as
the case may be, requiring him to summons a jury of twenty inhabi-
tants of said county or city, as the case may be, not related to said
owner, or in anywise interested in said land, and no stockholders in
said corporation, to meet on the land or near the other property or
materials to be valued and condemned, on a day named in said war-
rant, not less than ten, nor more than twenty days after issuing the
same. ]

339.

Nothing herein contained shall authorize any incorporated com-
pany to take or use property without just compensation, as agreed
upon with the owner, or awarded by a jury, having been first paid
or tendered to the parties entitled thereto, or paid into a court [,
after inquisition confirmed, as provided for in Section 338 of this
article]; and nothing herein contained shall authorize the location
of any public road on private property without consent of the owners
or the decision of the county commissioners, upon due hearing as
now prescribed by law for opening or altering public roads.

340.

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 318, and may construct 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 any 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 Article 33A of the Annotated Code of
Maryland, title "Eminent Domain" [Sections 193 and 160, or
Sections 334 and 339 of this article]; provided, however, that all
corporations incorporated, or to be incorporated by virtue of said
Section 28, class thirteen, (Code of 1904) and all corporations here-
tofore or hereafter incorporated under the provisions of the Cor-
poration Law of 1908, shall obtain the assent and approval of the
mayor and city council of Baltimore City, before using the streets
or highways of Baltimore 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 highways in the
City of Baltimore by their lines, pipes, mains or other structures.

SEC. 19. And be it further enacted, That Section 9 of Article 24
of the Code, title "Costs", be and it is hereby repealed and re-en-
acted, with amendments, to read as follows:

9.

When in any [action or proceeding at law or in equity or in any]
proceeding before an orphans* court a bond is required to be filed
and the surety upon such bond so filed is a surety company authorized
by the laws of this State to qualify upon such bonds, then the party