clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 737   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

CORPORATIONS. 737

executing the same to submit it to one of the judges of the judicial circuit
within which the county where it was acknowledged 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 determination upon the said certificate, which shall
be forwarded to the secretary of state, who shall record and carefully pre-
serve the same in his office; and a copy thereof, duly certified by the secre-
tary of state, under the great seal of the State of Maryland, shall be evi-
dence of the existence of such company.

Under this section and sec. 197 and prior decisions, the termini must be fixed
in this state with reasonable certainty; the naming of two cities outside of the
state as the termini not ordinarily sufficient; if, however, it is proved that a road run-
ning from Washington, D. C., to Gettysburg, Pa., through the counties and at or near
the towns mentioned in the company's charter, will cross the Maryland lines within
such distance that the points of crossing can be said to be fixed with reasonable
certainty, such points may be treated as the termini in Maryland. If it be shown
that the lines of Washington and of the District of Columbia are co-extensive,
that is sufficient for the southerly terminus. Mention of incorporated towns or
villages; object of the second provision of this section. Provision of charter re.
capital stock. Objection which may not be raised by appellant. See notes to sec.
208, and to art. 33A, secs. 1 and 4. Hyattsville v. Washington, etc., R Co., 120 Md.
130; Hyattsville v. Washington, etc., R. Co., 122 Md. 660; Ibid., 124 Md. 578.

The termini of a railroad held to be designated in its charter with reasonable

certainty. Union R. R. Co. v. Canton R. R. Co., 105 Md. 16; Piedmont, etc.,

Ry. Co. v. Speelman, 67 Md. 270. Cf. Koch v. North Ave. R. R. Co., 75 Md. 225.

And see Hyattsville v. Washington, etc., R. Co, 120 Md. 132; Ibid., 122 Md. 660;

Ibid., 124 Md. 578.

The precise route between the termini must to a great extent be left to the dis-
cretion of the company; it is practically impossible to definitely locate precise route
before the company is incorporated. Termini sufficiently designated. When a cor-
poration is formed under the general law, no further proof is required to show that
the incorporators have accepted the charter than their compliance with the provisions
of the statute. Questions of the sufficiency of the description of the termini in the
charter, of the existence of the corporation, etc., are for the court; jury trial properly
denied. Hyattsville v. Washington, etc., R. Co., 122 Md. 668.

An. Code, sec. 262. 1904, sec. 244. 1888, sec. 160. 1876, ch. 242, sec. 4.

196. 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 with
the provisions of this article; and they and their associates, successors and
assigns, by the name and style provided in said certificate, shall thereafter
be deemed a body corporate, with succession, with power to sue and be sued,
plead and be impleaded, defend and be defended, contract and be con-
tracted with, acquire and convey at pleasure, all such real and personal
estate as may be.necessary and convenient to carry into effect the objects of
the incorporation; to make and use a common seal, and the same to alter at
pleasure, and do all needful acts to carry into effect the objects for which
it was created; and such company shall possess all the powers and be subject
to all the rules and restrictions provided by this article.
See notes to sec. 195.

An. Code, sec. 263. 1904, sec. 245. 1888, sec. 161. 1876, ch. 242, sec. 5.

197. Said corporations shall be authorized, to construct and maintain
a railroad with a single or double track, with such side-tracks, turn-outs,
25

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 737   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives