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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 750   View pdf image (33K)
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750 ARTICLE 23.

court within five days after completing the same; and if either party
be dissatisfied with such award, exceptions thereto shall be filed on or
before the first day of the term of court succeeding the date of the award;
and thereupon the court shall fully hear and consider the said exceptions,
and either affirm the said award or set the same aside, as it shall determine,
and if set aside, appoint three other disinterested commissioners to make
another appraisement.

The lease authorized by this section contrasted with the lease dealt with by art.
21, secs. 94 and 95. 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 fran-
chise. Buckler v. Safe Deposit Co., 115 Md. 226.

A lease under this section referred to in construing the public service commission
law; see notes to sec. 346. Public Service Comm. v. P., B. & W. R. R. Co., 122
Md. 442.

An. Code, sec. 284A. 1916, ch. 235.

220. It shall be lawful for any railroad company, incorporated under
the laws of this State, or of any other State of the United States, owning
a railroad in this State, connecting with that of any other railroad company
of this State, or of any other State of the United States, in this State, and
owning at least two-thirds of the capital stock of the latter, to acquire, in
the manner hereinafter provided, and thereafter to be possessed of, own,
hold, exercise and enjoy, all the property, real and personal, and all the
rights, privileges and franchises and credits then possessed, owned, held or
exercised by said last-mentioned vendor corporation; and such acquisition
shall be effected in the manner and upon the conditions hereinafter stated,
to wit:

First. The corporations shall, pursuant to resolution duly adopted by the
directors of each, make and execute, under their respective corporate seals,
duly attested, an agreement providing for such acquisition and sale, speci-
fying all essential details, terms, stipulations and conditions thereof, and
particularly showing the number of outstanding shares of capital stock of
the vendor corporation, the amount fixed as the price or value per share
thereof, and the mode by which the respective holders shall receive payment
for the same, and with a map of the railroad to be acquired thereunder,
annexed to and made part thereof.

Second. Said agreement, after due notice is given all directors of such
corporation, shall be submitted for approval or disapproval to the stock-
holders of each corporation at separate meetings, either annual or special,
duly convened, and if said agreement shall be approved by a majority of
the stockholders of each corporation present at such meeting, then that fact
shall be certified by the secretary of each corporation under its corporate
seal, and a copy of the agreement, with said certificates attached, shall be
filed with an application drawn in accordance with Rule 10 of the present
Rules of Practice and Procedure of the Public Service Commission of
Maryland, with the Public Service Commission of Maryland, for their
approval; and upon the approval thereof by the Public Service Commis-
sion of Maryland, a copy of the agreement, with a certified copy of the

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 750   View pdf image (33K)
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