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1916, ch. 714, sec. 4.

478. It shall be the duty of the Public Service Commission of Maryland, upon the application of any motor vehicle owner for a permit to operate any motor vehicle for the public transportation of merchandise or freight over any specified route, to investigate the feasibility of granting said permit, the number of motor vehicles to be used, the rate to be charged, and if, in the judgment of the Public Service Commission it is deemed best for public welfare and convenience that said permit should be granted, said Pubile Service Commission is hereby empow ered and authorized to grant such permit, but if said Public Service Commission deems the granting of such premit prejudicial to the welfare and convenience of the public, then the said Public Service Commission is hereby empowered and authorized to refuse the granting of same. The said Public Service Commission of Maryland is further empowered and authorized to make such rules and regulations as it may deem necessary to govern the control and operation of same, and enforce same by such penalties or forfeitures as it may prescribe, including the revocation of the permit granted under the provisions of this Act.

1916, ch. 714, sec. 5.

479. That every person owning or operating any such motor vehicle in violation of any of the provisions of this Act, or in violation of the rules and regulations aforesaid of the Public Service Commission, shall be deemed guilty of a misdemeanor and, upon conviction, subject to a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each first offense, and a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each second offense or subsequent offense.

1916, ch. 714, sec. 6.

480. All Acts or parts of Acts inconsistent therewith are hereby repealed to the extent of said inconsistency, but nothing herein shall be construed to relieve any owner or operator of such motor vehicles as are herein defined from any regulation otherwise imposed by law or lawful authority.

ARTICLE XXIV.

COSTS.

1906, ch. 271. 1908, ch. 510.

10. When, in any action or proceeding at law, or in equity, or in any proceeding before an Orphans' Court, a bond is required to be filed, and the surety upon such bond so filed is a surety company authorized by the laws of this State to qualify upon such bonds, then the party entitled to recover or be allowed his costs in said action or proceeding at law or in equity or in any proceeding before an Orphans' Court may have included as his costs such reasonable sum as may have been paid by him to such surety company for executing such bond or any renewal thereof or substitution for the same, during the continuance of the trusts; and all executors, administrators, trustees, receivers, committees, guardians or other fiduciaries who file such bonds shall be entitled to collect the reasonable costs of the premium or premiums thereon and be allowed the same from the funds and assets in their hands.

ARTICLE XXVI.

COURTS.

Art. 26, sec. 30. 1904, art. 26, sec. 30. 1888, art. 26, sec. 29. 1870, ch. 371. 30. In all cases of proceedings to condemn lands, for any purpose whatsoever, under any law or charter, upon the return and ratification of the inquisition by the proper court, and in all cases in which the inquisitions may have been heretofore returned and ratified, the said court shall render a judgment against the person or corporation for whose use the condemnation may be so made in favor of the owners named in the inquisition for the amount of the damages awarded by the Jury, and unless, within ninety days after condemnation ratified, the same shall be abanded by written notification to said owners, execution may immediately thereafter issue on said judgment as in other cases of judgment rendered in courts of law.*

The above section was not repealed by Chapter 117 of the Acts of 1912 and permits of abandonment of condemnation proceedings. Pittsnogle vs. Western Maryland R. R. Co., 123 Md. 667, 673; but see also Merrick vs. Balto. 43 Md. 219, 245; Norris vs. Balto. 44 Md. 598.

ARTICLE XXVII.

CRIMES AND PUNISHMENTS.

Barratry.

1916, ch. 695, sec. 18A.

18A. It shall be unlawful for any corporation or voluntary association to assume, use or advertise in any newspaper, periodical, or by use of any notice, circular, letterhead, card, or in any manner whatsoever, the title of lawyer, or attorney, attor ney at law, or equivalent terms in any language in any such manner as to convey the impression that either alone or together with, or by, or through any person, whether a duly and regularly admitted attorney at law or not, it has, owns, conducts or maintains a law office, or an office or facilities for the practice of law, or for furnishing legal advice, services or counsel. It shall be unlawful, further, for any corporation or voluntary association to solicit itself or by, or through its officers, agents or employees, employment in connection with the rendition of legal advice, services or counsel of any kind whatsoever, or to solicit any claim or demand for the purpose of bringing an action thereon, or representing at attorney at law, or for furnishing legal advice, services or counsel, to a person sued, or about to be sued in any action or proceeding, or against whom an action or proceeding has been, or is about to be brought, or who may be affected by any action or proceeding which has been or may be instituted in any court or before any judicial body, or for the purpose of representing any person in the pursuit of any civil remedy. Any corporation or voluntary association violating the provisions of this section shall be liable to a fine of not more than five hundred dollars, and every officer, trustee, director, agent or employee of such corporation o voluntary association, who directly or indirectly engages in any of the acts herein prohibited, or assists such corporation or voluntary association to do such prohibited acts, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than five hundred dollars. The fact that any such officer, trustee, director, agent or employee shall be a duly and regularly admitted attorney at law, shall not be held to permit or allow

any such corporation or voluntary association to do the acts prohibited herein. Nor shall such facts be a defense upon a trial of any of the persons mentioned herein for a violation of the provisions of this section. This section shall not apply to the business of examining and insuring titles to real property or the collection or adjustment of mercantile claims in which a corporation or voluntary association may be lawfully engaged, nor to any insurance corporation or association defending the insured under a policy of insurance.

Embezzling Property and Writings.

1910, ch. 477, 103A.

113. If an insurance agent, solicitor or broker who acts in negotiating a contract of insurance by an insurance company lawfully doing business in this State, and who embezzles or fradulently converts to his own use, or with intent to use or embezzle, takes, secretes, lends, invests, or otherwise uses or applies any money, or a substitute for money, received by him as such agent, solicitor or broker, contrary to the instructions or without the consent of the company, for or on account of which the same was received by him, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to the jail or penitentiary for not more than three years, in the the discretion of the Court.*

Fraud-Bills of Lading.

1904, art. 27, sec. 118. 1888, art. 27, sec. 87. 1876, ch. 262. sec. 5. 131. No person or corporation, or agent or officer of any person or corporation in this State shall issue any bill of lading, receipt, acknowledgment or voucher whatsoever, for goods, chattels or commodities of any kind, to be transported on land or water, or on both, or any receipt, acceptance of an order or other voucher for goods, chattels or commodities, as on storage or deposit in this State, until and unless the whole of said goods, chattels and commodities shall have been actually received to be transported by such person or corporation in the one case, or shall be actually in the possession or custody

* State vs. Bryant, 63 Md. 66.

or upon the premises, or under the absolute and exclusive control of such person or corporation, in the other case, at the time when such instrument shall be issued; and any principal person or corporation, or any agent or officer whatsoever, of any person or corporation wilfully violating the provisions or any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be subject to a fine of not less than one thousand nor more than five thousand dollars, in the discretion of the Court.

Fraud-Breach of Trust, Bills of Lading, Elevator or Warehouse Receipts.

Ibid, sec. 119. 1890, ch. 399, sec. 87A.

132. If any person or persons shall on his or their own behalf, or shall for or on behalf of any other person or persons, or shall for or on behalf of any firm, copartnership or corporation, receive, accept or take in trust from any person, persons, firm, copartnership or corporation any warehouse receipt or elevator receipt, or bill of lading or any document giving or purporting to give title to or the right to possession of any goods, wares, merchandise or other personal property of any kind, under or subject to any written contract or agreement expressing the terms and condition of such trust; and if such person or persons so receiving any warehouse receipt or elevator receipt, bill of lading or any document giving or purporting to give title to or the right to possession of any goods, wares or merchandise or other personal property of any kind shall, in violation of good faith, fail, neglect or refuse to perform or fulfill the terms and conditions of such trust as expressed in such written contract or agreement, then and in every such case such person or persons so failing, neglecting or refusing to perform or fulfill the terms and conditions of such trust shall, on being convicted thereof, be imprisoned in the penitentiary for a term not more than ten years nor less than one year, or be fined not more than five thousand dollars nor less than five hundred dollars, or both, in the discretion of the Court.

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