250 CORPORATIONS. [ART. 23

its consent to the construction of the portion of a railroad which affects the
appellant, the latter cannot object on the ground that such consent only
covers part of the railroad. See notes to section 273, and to article 33A,
sections 1 and 4. Hyattsville v. Washington, etc., R. Co., 120 Md. 130.

To the note to this section on page 652 of volume 1 of the Annotated Code,
add "And see Hyattsville v. Washington, etc., E. Co., 120 Md. 132."

263.

To the note to this section on page 653 of volume 1 of the Annotated Code,
add the case of Plyattsville v. Washington, etc., R. Co., 120 Md. 131.
See notes to section 261.

269.

To the first note, under the heading "Generally" to section 268 on page 656
of volume 1 of the Annotated Code, add "And see Pitznogle v. Western Md.
R. Co., 119 Md. 683."

As to condemnation, see article 33A.

271.*
273.

In the light of this section, of section 278 and of article 33A, section G
(as it stood prior to the act of 1914, ch. 463), a railroad company may
construct, if necessary, a crossing over a public highway. See notes to
section 261, and to article 33A, section 1. Hyattsville v. Washington, etc.,
R. Co., 120 Md. 140.

278.

The constitutionality of this section has never been assailed. This sec-
tion referred to in upholding the validity of article 33A (as it stood prior
to the act of 1914, ch. 463)—see notes thereto. Pitznogle v. Western Md.
R. Co., 119 Md. 680.

See notes to section 273.

See article 27, sections 414 and 415.

280.

See article 27, sections 414 and 415.

284.

The lease authorized by this section contrasted with the lease dealt with;
by article 21, sections 92 and 93. The intent of this section is that the
lease referred to herein should be permanent and not redeemable, save
upon the terms fixed in the lease itself. A lease held not to be in excess
. of the authority conferred by this section, there being nothing in the record
to show that the lease included property owned by the lessor not used in
connection with its railroad or the operation of its franchise. Buckler v.
Safe Deposit Co., 115 Md. 226.

1904, art. 23, sec. 274. 1888, art. 23, sec. 186. 3880, ch. 292. 1912, ch. 112.

293. Nothing in this article shall apply to or authorize the construc-
tion of any elevated railroad, or of any other railroad, except the sur-
face road; and no elevated railroad company shall he incorporated,
except under a special charter of the General Assembly; and no ele-
vated railroad shall be constructed in or through the City of Balti-

*By chapter 131 of the acts of 1912, the Deer Creek and Susquehanna Railway
Company and its charter, franchises, roadbeds and property are relieved from
the operation of this section.