668 CORPORATIONS. [ART. 23

the final order to be passed by the said court, or any order determining
the merits of the said application or any part thereof to the court of
appeals, and the said appeal shall be heard and determined at the first
term of the said court next after the transmission of the transcript of
the record of the said appeal to the said court; and in the event of an
appeal as aforesaid, the said court of appeals shall have authority to
pass such order in relation to the costs of the said proceeding as may
seem right and proper.
See sec. 425, et seq.

1904, art. 23, sec. 274. 1888, art. 23, sec. 186. 1880, ch. 292.

293. Nothing in this article shall apply to or authorize the construc-
tion of any elevated railroad, or of any other railroad, except a surface
road; and no elevated railroad company shall be incorporated except
under a special charter of the general assembly; and no elevated rail-
road shall be constructed in or through the city of Baltimore, or in or
through any of the counties of the State, except under a special charter
of the general assembly.

A structure held to be an "elevated railroad" within the meaning of this
section; the facts that the road ia elevated owing to engineering difficulties,
and that the elevated structure is but a fractional part of the road, are Imma-
terial. Koch 17. North Ave. Ry. Co., 75 Md. 224.

Ibid. sec. 275. 1888, art. 23, sec. 187. 1386, ch. 134, sec. 1.
1910, ch. 725 (p. 80).

294. In case of the sale of any railroad situated wholly within this
State, or partly within this State and partly within an adjoining State,
or the District of Columbia, heretofore or hereafter made by virtue
of any mortgage or deed of trust, whether under foreclosure or other
judicial proceedings, or pursuant to any power contained in said mort-
gage or deed of trust, the purchaser or purchasers thereof or his or
their survivor or survivors, representatives or assigns may, together
with their associates, if any, form a corporation for the purpose of
owning, possessing, maintaining and operating such railroad, or such
portions thereof as may be situated within this State, by filing in the
office of the secretary of state a certificate of the name and style of
such corporation, the number of the directors of the same, the name
of its first directors, the period of their service not exceeding one year,
the amount of the capital stock of such corporation, and the number
of shares into which it is to be divided, and the par value thereof,
which may consist wholly of common stock, or partly of common
stock and partly of preferred stock, and the whole or any part thereof
may be issued as fully paid up stock in payment or part payment for
the road as purchased, and for the construction and equipment thereof,
and shall not in the aggregate exceed the amount of stock which the
corporation, whose road shall have been purchased as aforesaid, was
entitled to issue: and the persons signing such certificate, and their
successors, shall be a body corporate and politic by the name specified
in such certificate, with power to sue and be sued, contract and be