Nothing contained in this chapter shall be construed to prevent any person maintaining any pipe or conduit in any public street, alley or public place by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property when such necessity arises; provided that the person making such excavation shall obtain a permit therefor within 24 hours thereafter, exclusive of intervening Saturdays, Sundays, or legal holidays, and provided further, that all refilling shall be done in accordance with this chapter.
(Rev. Code 1954 § 7128)