not impair its former usefulness; and such corporation shall be liable for damage caused by the diversion of any stream; and when said new road is properly laid out, completed and constructed by said company with such overgrade or undergrade crossings, in a manner satisfactory to the county commissioners of the county where said road is located, it shall be the duty of the said county commissioner to close the old road. and grade crossings; and it shall be lawful for such company to close the former grade crossing.

1888, art. 23, sec. 174. 1876, ch. 242, sec. 18.

261. Such corporation shall, as soon as convenient after its organization, establish a principal office at some point on the line of its road, and change the same at pleasure, giving public notice in some newspaper, of such establishment or change.

Ibid. sec. 175. 1876, ch. 242, sec. 19.

262. Every railroad company organized under this article shall be required to erect at all points where its road shall cross any public road, at a sufficient elevation from such public road to admit of the free passage of vehicles of every kind, a sign with large and distinct letters placed thereon, to give notice of the proximity of the railroad, and warn persons of the necessity of looking out for the cars; and any company neglecting or refusing to erect such sign shall be liable in damages for all injuries occuring to persons or property from such neglect or refusal.

Ibid. sec. 176. 1876, ch. 242, sec. 20.

263. Each and every railroad company incorporated under this article, shall annually, in the month of January, make a full report of the condition of its affairs to the comptroller, showing the amount of the capital stock of such company; the gross amount of tolls or receipts, during the previous year; the cost of repairs and incidental expenses; the net amount of profits, and the dividends made, with such other facts as may be necessary to a full statement of the affairs and condition of such road; and the comptroller shall present an abstract copy of such report to the general assembly at each session thereof.

Ibid. sec. 177. 1876, ch. 242, sec. 21.

264. Whenever the line of any railroad company now existing, or which may hereafter organize under this article, shall cross any canal, or any navigable water, the said company

shall file with the board of public works the plan of the bridge and other fixtures for crossing such canal or navigable water, designating the place of crossing; and if the said board shall approve of such plan, it shall notify such company in writing, of such approval; but if the said board shall disapprove such plan, or fail to approve the same within twenty days from the filing thereof, then it shall be lawful for such company to apply to the circuit court, or any judge thereof in vacation; and upon reasonable notice being given to the members of the board of public works, said court or judge shall, upon good cause shown, appoint a competent, disinterested engineer, not a resident of any county through which said road passes, to examine such crossing and to prescribe the plan and condition thereof, so as not to impede navigation; and such engineer shall, within twenty days from his appointment, make his return to the circuit court for the county where such crossing is to be made, subject to exception by either party; and thereupon the court shall, at the next term after the filing of said return proceed to examine the same, and unless good cause is shown shall approve and confirm the same, and such order of confirmation shall be sufficient authority for the erection, use and occupancy of such bridge in accordance with such plan; provided, that no railroad company shall be authorized to construct any permanent bridge over any canal of this State, which shall be less than twelve feet in the clear above the top water-line of said canal, and the piers and abutments of such bridge shall be placed so as not in any manner to contract the width of the canal, or interfere with free passage on the towing-path.

Dundalk, etc. Co. v. Gov. Smith, 97 Md. 179.

1888, art. 23, sec. 178. 1876, ch. 242, sec. 22. 1890, ch. 553.

265. It shall be lawful for any railroad company heretofore or hereafter incorporated under the laws of this State to consolidate with any other railroad company incorporated under the laws of this or any other State, or of the United States, whose railroad within or without this State shall connect with or form a continuous line with the railroad of the company so consolidating upon such terms as may be agreed upon; provided, however, that the agreement for such consolidation shall be submitted to the stockholders of the railroad company incorporated under the laws of this State at a special meeting called for considering the same, and shall be sanctioned by the

holders of a majority of the stock of such company, and if sanctioned at such meeting by such holders of a majority of the stock, shall be filed in the office of the secretary of State of this State; and provided further, that such agreement shall contain no provisions in conflict with the provisions of this article or which shall exempt such railroad so far as it lies in this State from the operation of the laws of this State, and nothing in this section shall be construed to authorize the consolidation of any railroad companies owning or operating competing or parallel roads, or parallel lines of railroad, which is hereby declared to be unlawful and expressly prohibited without the special consent of the general assembly being first obtained therefor.

State use of Dodson v. Balto. and Lehigh R. R. Co., 77 Md. 491.

1888, art. 23, sec. 179. 1876, ch. 242, sec. 23.

266. Every railroad company in this State shall cause.all its trains of cars for passengers to entirely stop upon each arrival at a station advertised by such company as a station for receiving passengers upon such trains at least one-half of one minute; and every company, and every person in the employment of such company, that shall violate, or cause or permit to be violated the provisions of this section, shall be liable to a forfeiture of not more than one hundred nor less than twenty-dollars, to be recovered in an action of debt, upon the complaint of any person before any justice of the peace of the county in which such violation shall occur; and in all cases in which a forfeiture shall occur under the provisions of this section, the company whose agents shall cause or permit such violation shall be liable for the amount of such forfeiture; and in all cases, the conductor upon such train shall be held prima facie to have caused the violation of this section which may occur upon the train in his charge; said forfeiture to be recovered in the name of the State of Maryland, for the use of the common schools.

Ibid. sec. 180. 1874, ch. 333, sec. 1.

267. Whenever freight, forwarded upon any railroad to any point in this State, shall remain unclaimed, and the legal charges thereon unpaid for the space of three months after its arrival at the point to which it shall have been directed, and the owner or person to whom the same is consigned, cannot be found upon diligent inquiry, or being found and notified of

the arrival of such freight, shall neglect to receive the same and pay the legal charges thereon, for the space of three months, then it shall be lawful for such railroad company to sell such freight at public auction, after giving ten days' notice of the time and place of said sale, by posting up notices thereof in three public places in the county or city where such sale shall be made, and out of the proceeds of such sale to pay the legal charges, including the costs of storage on said freight, and to pay the overplus, if any, to the owner or consignee of such freight, on demand.

1896, ch. 296, sec. 180 A.

268. Whenever freight forwarded upon any railroad to any point in this State shall consist of live stock, or shall be of such a perishable nature, or so damaged, or of such other character as to make it impracticable for it to remain in the possession of the company owning or operating said railroad for the space of three months after its arrival at the point to which it shall have been directed, and the owner or person to whom the same is consigned cannot be found after diligent inquiry, or being found and notified of the arrival of such freight shall refuse or neglect to remove the same, and pay the legal charges thereon, for the space of twenty-four hours, then, upon application by said railroad company, verified by affidavit, to any judge of the circuit court for the county in which the freight may be, or to any judge of the supreme bench of Baltimore city, assigned to one of the common law courts of said city, if said freight be in said city, setting forth the reasons for which said application is made, it shall be lawful for said judge to pass an order for the sale of said freight whenever said judge may deem such sale expedient, on such terms and notice as the order may prescribe; and the proceeds of said sale, if there be any remaining over, after payment of the expenses incident thereto and legal charges, including cost of the keep of such live stock or cost of storage on said freight, shall be paid to the owner or consignee of said freight on demand.

Ibid. sec. 181. 1874, ch. 333, sec. 2.

269. Whenever personal baggage, sample packages, bundles or baggage transported by any railroad company, doing business as common carriers, to any points in this State, shall remain at the place to which the same is or shall be directed for the space of three months, or any lost or stray baggage,

sample package, bundles or luggage, shall remain unclaimed by the owner or consignee for the space of three months, at the place to which the same shall be or shall have been transported, and the said owner or person to whom the same shall be directed cannot, upon diligent inquiry, be found, or being found and notified of the arrival of such property shall neglect to receive the same, and pay the reasonable charges thereon, then it shall be lawful for such railroad company to sell such property at public auction, after giving ten days' notice of the time and place of said sale, by posting up notices thereof in three public places in the county or city where such sale shall be made, and out of the proceeds of such sale to pay the legal charges, including cost of storage on said property, and to pay the overplus, if any, to the owner or consignee of any such property, on demand.

1888, art. 23, sec. 182. 1874, ch. 333, sec. 3.

270. The three preceding sections shall apply to all steamboat and transportation or forwarding companies, or other corporations or companies, which act as common carriers or forwarders in this State.

Ibid. sec. 183. 1874, ch. 446, sec. 1.

271. All railroads within this State, which cross or connect with any other road, or which may hereafter be so constructed or built, shall permit the road so crossing or connecting to use their track or roadway for the passage of locomotives, cars and tonnage at a rate of tolls for passage of trains and tonnage not exceeding the rate per ton per mile, or proportionate part of a mile so used, as is charged for through freight per ton per mile; provided, however, that the right of any road to use the track of any connecting road under this section shall not be extended to a greater distance than five miles.

Penna. R. R. Co. v. Consol. Coal Co., 55 Md. 160. Balto. and Ohio R. R. Co., 60 Md. 263.

Ibid. sec. 184. 1874, ch. 446, sec. 2.

Penna. R. R. Co. v.

272. If any railroad company in this State shall fail or refuse to comply with the provisions of the preceding section, the party aggrieved shall have the right to recover, upon suit in any court of this State that has jurisdiction, a sum not less than five hundred dollars or more than one thousand dollars for each day of such refusal or neglect.