Page images
PDF
EPUB

said company to secure the right of way, or such as may be granted, to aid in the construction of such road, and the same to hold or convey, in such manner as the directors may prescribe; and all deeds and conveyances made by such company, shall be signed by the president, under the seal of the corporation.

Ibid. sec. 173. 1876, ch. 242, sec. 17. 1880, ch. 282.

260. It shall be lawful for such corporation, whenever it may be necessary in the construction of its road, to cross any road, highway or stream of water, to divert the same from its present or existing location or bed; provided, it is not a navigable stream; and it shall be lawful for such corporation, or for any railroad corporation heretofore incorporated under any general or special law, whose railroad now crosses or may hereafter cross any public or private road or highway, to carry said road or highway over its tracks by an overgrade crossing, or to carry it under its track or tracks by an undergrade crossing; and to make such crossings, such corporations may divert any road or highway, so crossed or to be crossed, from its present or existing location; and for entering upon, taking or appropriating any buildings, gardens, yards or other lands which may be necessary for the new route and location of said road so diverted, said corporation may proceed as in case of land necessary for its railroad, under the powers given to it by law, but said corporation shall, without unnecessary delay, place such road or highway or stream in such condition as to 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 Commissioners 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 mem

bers 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 parellel 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.

1908, ch. 126.

265A. It shall be lawful for any railroad company incorporated under the laws of this State, to lease its railroad and franchises for the operation thereof to any other railroad company incorporated under the laws of this or any other State of the United States, whose railroad, within or without this State, shall, either directly or by means of intervening line, connect with the railroad so to be leased to said company, and thus forming a continuous route or routes for the transportation of persons and property, and it shall also be lawful for any railroad company incorporated under the laws of this State to become the lessee of the railroad and the franchises for its operation of any other railroad company incorporated under the laws of this or any other State of the United States whose railroad, within or without this State, shall, either directly or by means of intervening line, connect with the railroad of the lessee company, and thus forming a continuous route or routes for the transportation of persons and property. Provided, however, that nothing in this section shall authorize any company incorporated under the laws of this State to lease its railroad to any railroad company whose railroad within this State competes with the railroad of the lessor company, nor shall any railroad company incorporated under the laws of this State become the lessee of any railroad which competes in this State with the railroad of the lessor company; and provided further, that the agreement of lease shall not contain any provisions in conflict with the provisions of this article of the Code, or which will exempt said railroad, SO far as it lies within this State, from the operation

of the laws of this State. The agreement containing the terms and conditions of any proposed lease shall, after due approval by the board of directors of each company party thereto, be submitted to the stockholders of such one or more of said railroad companies as shall have been incorporated under the laws of this State at either a special meeting thereof, duly called in accordance with the charter and by-laws of the companies whereof they are stockholders, for the consideration of the same, or at any annual meeting thereof, likewise duly called, and in the call for which it shall be stated that the said agreement will be considered at such meeting; and if approved by a vote of not less than three-fourths of the capital stock of such company or companies outstanding and entitled to vote, the said agreement shall then be duly executed by each of the parties thereto, and, when so executed, a copy thereof, duly certified by the secretary of each of the companies parties thereto, under their respective corporate seals, shall be filed in the office of the Secretary of State of the State of Maryland, and upon such filing the said agreement and the lease thereby effected shall become and be in full force and operation in accordance with its terms. If any stockholder of any company incorporated under the laws of this State who shall not, either in person or by proxy, have voted at such meeting of stockholders in favor of the agreement, shall be dissatisfied with the lease thereby effected, it shall and may be lawful for such stockholder, within thirty days after the filing of said agreement in the office of the Secretary of State, as herein before prescribed, to apply by petition to any judge of the circuit court for any county in this State wherein any part of the leased railroad is situated, or to any judge of the supreme bench of Baltimore city, if any part of said railroad be situated within the limits of said city, for the appointment of three disinterested commissioners to estimate and appraise the damage, if any, which such stockholder may suffer or sustain by reason of the lease, and also to estimate and appraise the share or shares of such stockholders at their market value, without regard to any depreciation resultant from such lease, and the award of said commissioners, or any two of them, when confirmed by the court, shall be final and conclusive; and there

« PreviousContinue »