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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 652   View pdf image (33K)
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652 CORPORATIONS. [AET. 23

all the rights, privileges and powers conferred by and subject to all the
vestrictions of sections 260 to 338 of this article.

The general railroad law of this state Is a remedial statute and to be liber-
ally construed. Good faith and reasonable certainty only, are required. Pied-
mont, etc., Ey. Co. v. Speelman, 67 Md. 272; Union E. E. Co. v. Canton E. R.
Co., 105 Md. 17.

The general Incorporation act of 1868, ch. 471, only made provision for
the construction of railways outside the limits of the city of Baltimore, and
the act of 1870, ch. 476 (for which the act of 1876, ch. 242, was a substitute),
was not limited to roads similar to those upon which steam was used as a
motive power. Oler v. Baltimore, etc., E. E. Co., 41 Md. 588.

For the regulations concerning carriers prescribed in the act creating the
public service commission, see sec. 425, et seg.

As to passenger railway companies, see section 382, et seq.

As to railroads built and operated by mining companies, see sec. 246, et aeq.

As to special police officers appointed for railroads and steamboats, see
sec. 406, et seq.

As to the taxation of railroad companies, see art. 81, sections 167, 193, 202,
212 and 213.

As to the title of rolling stock, etc., leased, rented or delivered condition-
ally, see art. 21, sec. 91.

1904, art. 23, sec. 243. 1888, art. 23, sec .159. 1876, ch. 242, sec. 3.

261. Any number of persons as aforesaid, associating to form a
company for the purpose of constructing or operating a railroad, shall,
under their hands and seals, make a certificate, which shall specify as
follows: first, the name assumed by such company and by which it shall
be known; second, the name of the places of the termini of said road,
and the county or counties, city or cities, through which such road shall
pass; third, the amount of capital stock necessary to construct such road :
such certificate shall be acknowledged before a justice of the peace, and
certified by the clerk of the circuit court for any county through which
the road passes; and when said certificate is executed, it shall be the
duty of the persons executing the same to submit it to one of the judges
of the judicial circuit within which the county where it was acknowl-
edged may lie, or to one of the judges of the supreme bench of Baltimore
city, if acknowledged in said city, in order that the said judge may
determine whether said certificate is in conformity with the law; and
if the said judge shall so determine, he shall certify his said determina-
tion upon the said certificate, which shall be forwarded to the secretary
of state, who shall record and carefully preserve the same in his office;
and a copy thereof, duly certified by the secretary of state, under
the great seal of the State of Maryland, shall be evidence of the existence
of such company.

The termini of a railroad held to be designated in its charter with reason-
able certainty. Union E. E. Co. v. Canton E. E. Co., 105 Md. 16; Piedmont,
etc., Ry. Co. v. Speelman, 67 Md. 270. Cf. Koch v. North Ave. E. E. Co., 75
Md. 225.

Ibid. sec. 244. 1888, art. 23, sec. 160. 1876, ch. 242, sec. 4.

262. When the foregoing provisions have been complied with, the
persons named as corporators in said certificate are hereby authorized
to carry into effect the objects named in said certificate, in accordance

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 652   View pdf image (33K)
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