MARVIN MANDEL, Governor                           2891

1, 1962, the pension of the deceased judge shall be
calculated at the rates prescribed by [§49 of Article
26] §55 OF THIS ARTICLE, as of that date, notwithstanding
that the judge may have died prior thereto.

SECTION 16. AND BE IT FURTHER ENACTED, That Section
43 of Article 89B - State Roads, of the Annotated Code of
Maryland (1969 Replacement Volume and 1973 Supplement) be
and it is hereby repealed and re—enacted, with
amendments, to read as follows:

Article 89B — State Roads
43.

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
electric 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 of 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 approved by
the municipal authorities of said city or town. Any
violation of any provision of this section shall be a
misdemeanor, and the person or corporation violating the
same shall be liable to prosecution at the instance of
said Commission, or at the instance of any taxpayer, and