690                               Laws of Maryland                      [Ch. 181

virtue of his position; the premiums of which shall be borne by the
said county, and to be filed and recorded in the office of the clerk of
the Circuit Court of said county.

Section 67. And be it further enacted, That Sections 43, 50 and
102 of article 89B, Annotated Code of Maryland (1969 Replacement
Volume) title "State Roads," subtitles, respectively, "Distribution and
Use of Special Funds," "Grade Crossings," and "Road Signs," be and
they are hereby repealed and re-enacted, with amendments, to read
as follows:

§ 43. Permit for digging up highways; obstructions; manner of
performing work; conformity to grades in cities or towns.

No opening shall be made in any such highway, nor shall any
structure be placed thereon, nor shall any structure which has been
placed thereon be changed or renewed except in accordance with a
permit from the Commission, which shall exercise complete control
over such highways, except as herein otherwise provided. No State
highway shall be dug up for laying or placing pipes, sewers, poles or
wires or railways, or for other purposes, and no trees shall be planted
or removed or obstructions placed thereon without the written permit
of the State Roads Commission, or its duly authorized agent, and then
only in accordance with the regulations of said Commission; and the
work shall be done under the supervision and to the satisfaction of
said Commission; and the entire expense of replacing the highway
in as good condition as before shall be paid by the person to whom the
permit was given or by whom the work was done; provided, however,
that any municipal corporation not now by law required to obtain a
permit as herein provided shall not be required to obtain a permit
under the provisions of this section; provided, however, that no elec-
tric railway company in operation upon any public or private road
or existing or abandoned turnpike, when acquired hereunder shall be
disturbed in its operation or in the maintenance of its roadbed and
overhead construction, and all necessary repairs, together with the
maintenance of the space between its tracks and two feet on each
side thereof shall be performed by such railroad company under the
supervision and to the satisfaction of said Commission. And provided
further, that whenever any State highway shall be constructed over
or through any portion of any street or highway or any incorporated
city or town of this State, such construction shall be in conformity
with the grade or grades of such street or highway, as shall be ap-
proved by the municipal authorities of said city or town. Any violation
of any provision of this section shall be a misdemeanor, and the per-
son or corporation violating the same shall be liable to prosecution at
the instance of said Commission, or at the instance of any taxpayer,
and upon conviction [before any justice of the peace exercising juris-
diction in the county where the offense shall have been committed],
shall be fined an amount of not less than twenty-five dollars ($25)
and no more than one hundred dollars ($100) for each offense. [Any
person arrested under this section shall have the right to appeal to
the circuit court of such county for trial, and all fines collected under
this section] Any fine imposed under this section shall be collected
pursuant to the provisions of Article 26, § 155; however, if the fine is
imposed by the circuit court of any county or the Criminal Court of
Baltimore, as the case may be, the fine when collected shall be paid to
the State Roads Commission and by it applied to the maintenance
fund of said Commission.