Marvin Mandel, Governor                         563

312E. Oath of vestrymen.

The bylaws of a parish may provide that every person chosen a
vestryman shall, before he acts as such, take and subscribe the oath of
support and fidelity required by the constitution and form of govern-
ment, unless such person hath before taken such oath, and also make
and subscribe a declaration of his belief in the Christian religion,
and he shall also take and subscribe the following oath of office, to
wit: "I, A. B. do solemnly swear, that I will faithfully execute the

office of a vestryman of....................parish, in........................county,

without prejudice, favour or affection, according to the best of my
skill and knowledge;" which oaths and declarations any [justice of
the peace, or any] vestrymen present, may administer and take.

318. Construction of lines; damage caused by erection of fixtures in
general.

It may construct a line or lines of telegraph through this State, or
from or to any point or points within this State, or upon the boun-
daries thereof, and along and upon any postal roads and postal routes,
roads, streets and highways, or across any of the bridges or waters
within the limits of this State, by the erection of the necessary fix-
tures, including posts, piers or abutments for sustaining the cords
or wires of such lines, without their being deemed a public nuisance,
or subject to be abated by any private party; provided, the same
shall not be so constructed as to incommode injuriously the public use
of said postal roads or postal routes, roads, highways and bridges
or injuriously interrupt the navigation of said waters, or interfere
with the convenience of any landowner more than is unavoidable;
and this section shall not be so construed as to authorize the construc-
tion of any bridge across any of the navigable waters of this State;
but the said corporation shall be responsible for any damage which
any person or corporation may sustain by the erection, continuance
and use of such fixtures; and in any action brought for the recovery
thereof by the owner or possessor of any lands, the damages to be
awarded may, at the election of such corporation, include the damages
for allowing the said fixtures permanently to continue; on payment
of which damages, the right of the corporation to continue such fix-
tures shall be confirmed, as if granted by the parties to the suit; pro-
vided, that no person or body politic shall be entitled to sue for or
recover damages as aforesaid, until the said corporation, after due
notice, shall have failed or refused to remove, in reasonable time, the
fixtures complained of; or the president and directors of the said corn-
company may apply to a [justice of the peace] judge of the Circuit
Court for [of] the county or of the Superior Court of Baltimore
C[c]ity where such lands are, and such [justice] judge shall there-
upon issue his warrant, directed to the sheriff of said county or city,
commanding him to summon twelve disinterested persons, qualified
to serve as jurors, to meet at the proper place, as directed by the
[said justice] judge; and the sheriff shall qualify the said persons,
by oath or affirmation, faithfully to perform the duties required of
them by § 319 of this article.

329. Passenger railroad to keep track in repair where portion of
turnpike, street or road used.

In all cases when any passenger railway company uses the roadbed
or any portion thereof of any turnpike, street or road in any county