648 CORPORATIONS. [ART. 23

Mining Companies.

1904, art. 23, sec. 227. 1888, art. 23, sec. 144. 1860, art. 77, sec. 1.

1868, ch. 471, sec. 138. 1874, ch. 432. 1906,

ch. 178. 1908, oh. 240, sec. 227.

245. No mining company, incorporated under this article, shall hold
more than one thousand (1,000) acres of land at any one time, if said
corporation is situated in Allegany county; nor more than five hundred
(500) acres if in any other county; nor shall its capital stock exceed
three million dollars ($3,000,000); and the presence, in person or by
proxy, of a majority in interest of the stockholders shall be necessary to
form a quorum for business at any meeting of the stockholders or
members.

This section referred to in construing sections 65 and 66 of the code of
1904—see notes to section 8. Darrin v. Hoff, 99 Md. 497.

Ibid. sec. 228. 1888, art. 23, sec. 145. 1860, art. 77, sec. 2.
1868, ch. 471, sec. 139.

246. The president and directors of any corporation mentioned in
the preceding section shall be invested with full power to locate and
construct a railroad or railroads, with necessary appurtances, beginning
the same at or near the mines, manufactories or works of the said corpo-
ration, and running to any convenient point or points that may best suit
the convenience and interest of said corporation, and to use and control
the said railroad or railroads, and the necessary vehicles and appur-
tenances thereunto belonging.

Sections 246 to 257 referred to in deciding it to be indispensable that the
use for which private property is taken should be of a public nature. Rail-
roads constructed by mining companies are open to the public as occasion
requires. Arnsperger v. Crawford, 101 Md. 255.
See sections 399 to 404, and notes.

Ibid. sec. 229. 1888, art. 23, sec. 146. 1860, art. 77, sec. 3.
1868, ch 471, sec. 140.

247. Tt shall not be lawful for any such corporation formed under
this article to occupy any portion of the lands that may be necessary for
the accommodation of the works of the Chesapeake and Ohio canal com-
pany, or the main route of the Baltimore and Ohio railroad, or the
works of any other railroad company chartered by this State, except to
cross said roads without injury to the same.
See notes to sec. 246.

Ibid. sec. 230. 1888, art. 23, sec. 147. 1860, art. 77, sec. 4.
1868, ch. 471, sec. 141.

248. The legislature may at any time regulate, modify or change
the control, use and estate of any railroad constructed by such corpora-
tion, in such manner as it may deem, equitable towards the said corpora-
tion, and necessary to the accommodation of the public travel or use of
the said railroad or railroads.
See notes to sec. 246.