point of communication, in such city or town, any sum exceeding six dollars and fifty cents per month, when one telephone only is rented by one individual, company or corporation, located within a radius of two miles from the central exchange, and one dollar additional per month for every additional mile distant from said exchange; where two or more telephones are rented by the same individual, company or corporation, located within a radius of two miles from the central exchange, the rental per month for each telephone so rented shall not exceed five dollars and fifty cents per month, and one dollar per month for every additional mile distant from said exchange; provided, that the individual, company or corporation desiring to use such telephone and lines shall agree to contract for the use of such telephone and lines for a period of not less than six months.* 1904, art. 23, sec. 334. 1892, ch. 387. 1896, ch. 139, sec. 232B. 369. Where any two cities, towns or villages in the State of Maryland are connected by wire, operated, managed, controlled or owned by any individual, company or corporation, the price for the use of any telephone for the purpose of conversation between such cities, towns or villages, shall, for each five minutes or fraction of five minutes of such use, not exceed the amount hereby fixed, that is to say: where the distance does not exceed ten miles, fifteen cents; where the distance is more than ten miles and not more than thirty miles, twenty-five cents; where the distance is more than thirty miles and not more than fifty miles, one cent a mile; where the distance is more than fifty miles, fifty cents; and one-half a cent for each mile in excess of fifty miles. Ibid, art. 23, sec. 335. 1892, ch. 387, sec. 232c. 370. The word "telephone" wherever used in Sections 368 to 373, shall be construed to include, and consist of a receiver, a transmitter, a magneto or call-bell, or cell battery, a backboard, a battery box and all necessary appliances now or hereafter in use for and constituting a telephone equipment as now Simons Co. vs. Maryland Telephone Co., 99 Md. 141; Maryland Telephone Co. vs. Simons Sons Co., 103 Md. 136. or heretofore rented by telephone companies to their patrons and subscribers. Ibid, sec. 336. 1892, ch. 387, sec. 232D. 371. Every telephone company with wires wholly or partly within this State and engaged in a general telephone business shall, within the local limits of such telephone company's business, supply all applicants for telephone connections and facilities with such connections and facilities, without discrimination or partiality; provided such applicant comply or offer to comply with all reasonable regulations of the company; and no such company shall impose any conditions or restrictions upon any such applicant that are not imposed impartially upon all persons or companies in like situation, nor shall such companies discriminate against any individual or company engaged in any lawful business, or between individuals or companies engaged in the same business, by requiring, as a condition for furnishing such facilities that they shall not be used in the business of the applicant, or otherwise, for any lawful purpose. 1904, art .23, sec. 337. 1892, ch 387, sec. 232E. 372. Any owner, operator, agent or other person who shall collect or receive for the rental or use of any such telephone and line any sum in excess of the ratio fixed by Sections 368 and 369 shall upon conviction be fined not less than one hundred dollars for each offense. 1904, art. 23, sec. 337. 1892, ch. 387, sec. 232E. 373. But any person, firm or corporation may contract in writing or partly in print and partly in writing, and not otherwise, with any individual; company or corporation now or hereafter owning, controlling, managing or operating any telephone line or lines within the limits of this State, for such special form, description and amount of telephone equipment and service, expressed in such contract, as such person, firm or corporation may need, at such rates, and upon such terms and conditions as may be agreed upon between the parties to such contract and be expressed therein, but shall not otherwise be entitled thereto; and every form of such special contract, made for any year, shall constitute and be a form of contract for like special telephone equipment and service, into which every other person, firm or corporation in like situation with the person, firm or corporation so contracting and desiring a like special form, description and amount of telephone equipment and service shall have a right to enter, in such year, with the party so contracting for such telephone equipment and service; the special contract mentioned in this section shall be entered into before such equipment and service are supplied; provided, however, that nothing in this section shall be so construed as to impair the obligation of the individual, company or corporation owning, controlling, managing or operating a telephone line or telephone lines within the limits of this State to furnish, in accordance with the requirements of Sections 368-372, and at the rates of charge mentioned in said Sections 368 and 369, telephone equipment and service of the kind and description which is now furnished by the Chesapeake and Potomac Telephone Company of Baltimore City, at the rate of charge mentioned in said Sections 368 and 369; and the said company, as a condition precedent to the exercise of any of the powers conferred by this section, shall forthwith file in the office of the Clerk of the Court of Appeals of Maryland, to be by said clerk annexed to the original section filed in his office, a full and adequate description in detail, and certified by the Governor of this State to be a full and adequate description of the equipment now used by said company in furnishing the service mentioned in this proviso, which description or a copy thereof, duly certified by said clerk, shall be taken as a true description of said equipment in all proceedings, whether civil or criminal, which may hereafter be taken to enforce the requirements of this proviso or of the sections of this article therein mentioned, and the said equipment shall always include and secure for each subscriber a separate wire; and if any inidividual, company or corporation owning, controlling, managing or operating a telephone line or lines within the limits of this State, shall at any time hereafter neglect or refuse to furnish the equipment and service mentioned in this proviso to any person or corporation entitled thereto under the terms of the sections of this article enumerated in said proviso, the said individual, company or corporation so refusing or neglecting, and the officers or agents of any such company or corporation, and the agents of every such individual, shall be liable to indictment therefor, and upon conviction thereof shall be fined for each offense not less than fifty dollars, nor more than two hundred dollars, in the discretion of the court; and provided also that any person entitled to telephone service under the provisions of said Sections 368 to 373 (both inclusive), but no other person, shall have the right and privilege to use, without extra charge, any other telephone equipment, with the consent of the subscriber to the last mentioned equipment, and any individual, company or corporation, or the officers and agents of any such company or corporation, and the agents of every such individual refusing or neglecting to allow such right or privilege shall be liable to indictment, and upon conviction thereof shall be fined for each offense not less than fifty dollars, nor more than two hundred dollars, in the discretion of the court. 1908, ch. 280. 374. Telegraph companies engaged in the business of transmitting communications by telegraph in the State of Maryland, and charging tolls therefor, shall show conspicuously.on each and every telegram delivered the time it was filed for transmission and the time it was received at the office from which it is to be delivered. The time of filing the telegram at place of origin and the time received at destination of each and every telegram transmitted, as provided in this section, shall appear on each and every telegram under the captions "time filed" and "time received." Failure to comply with the provisions of this section shall be punishable by a fine of not less than ten dollars ($10), nor more than two hundred dollars ($200), for each and every telegram delivered in violation thereof.* 1910, ch. 587, secs. 1, 2. 375. No telegraph, telephone or messenger company may employ any person under fourteen years of age to call for or deliver any message, nor require or permit any person in its * Declared to be constitutional by Postal Telegraph Co. vs. State, 110 Md. 608. employ under sixteen years of age to call for or deliver any telegram or other message between the hours of eight o'clock P. M. and eight o'clock A. M.* 1910, ch. 587, sec. 3. 376. No telegraph, telephone or messenger company shall require or permit any minor person in its employ to call for or deliver any telegram or other message at or to any house of ill repute or questionable character wherein is conducted any business tending to demoralize by example or contact said minor.† 1910, ch. 587, sec. 4. 377. Any company or representative thereof who shall violate the provisions of the two preceding sections shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars, or sixty days in jail, or both, at the discretion of the court, for each and every offense.‡ Trust, Surety and Fidelity Companies. 1904, art. 23, sec. 339. 1898, ch. 302, sec. 244a. 378. Whenever any bond, undertaking, recognizance or other obligation is by law, or the charter, ordinances, rules or regulations of any municipality, board, body, organization, court, judge or public officer, required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act, is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guaranty may be executed by a surety company qualified as hereinafter provided; and such execution by such company of such bond, undertaking, obligation, recognizance or guaranty, shall be in all respects a full and complete compliance with every requirement of every law, character, ordinance, rule or regulation that such bond, undertaking, obligation recognizance or guaranty shall be executed by one surety or by one or more sureties or that such sureties shall be residents or householders or free The same as Sections 358 and 359 of Article 27 of the Code (vol. 3). The same as Section 361, Article 27, of the Code (vol. 3). |