2328                                          LAWS OF MARYLAND                       [Ch. 687

Article [21] of [this] THE Code.

340.

Any of the corporations formed under class thirteen,
§ 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 § 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 the 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, in the
manner set forth in Title 12 of THE REAL PROPERTY Article
[21] of [this] THE Code; provided, however, that all
corporations incorporated, or to be incorporated by
virtue of said § 28, class thirteen, (Code of 1904) and
all corporations heretofore or hereafter incorporated
under the provisions of the Corporation 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, do not apply to those corporations now in
practical operation and which 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,

341.

Any corporation of this or any other state, which is
now or may hereafter be engaged in the business of
transmitting or supplying natural gas, artificial gas, or
a mixture of natural and artificial gases, may acquire by
condemnation, in the manner provided in Title 12 of THE
REAL PROPERTY Article [21] of [this] THE Code,
rights—of—way or easements necessary for the purpose of
laying, constructing, changing the size of, repairing,
maintaining, operating and removing pipe lines and
appurtenances thereto for the transmission and supplying
of natural gas, artificial gas, or a mixture of natural
and artificial gases; provided, however, that nothing
contained in this section relieves any corporation from
the provisions of Chapter 180 of the Acts of the General
Assembly of Maryland of 1910 (Art. 78) , known as the
Public Service Commission Law, or any amendment thereto;
and provided further that nothing contained in this
section confers the right of condemnation upon any
corporation, domestic or foreign, which is not engaged,