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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 873   View pdf image (33K)
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CORPORATIONS 873

the said period of thirty days after the date of publication of the second
notice required by said Section 195, as aforesaid, then ratification of
any such proposed sale, lease, exchange or other disposition by said voters,
as heretofore authorized in this section, shall not be required and no
such special election for that purpose shall be held, and any such mu-
nicipal corporation shall forthwith execute all transfers or other title
papers necessary to consummate and effectuate any such sale, lease, ex-
change or other disposition, and any such sale, lease, or other disposition
shall be as valid and effective as though the same had been actually ratified
by the said voters at a special election petitioned for and held as herein
authorized; and provided further, that nothing contained in said Section
195 or in this section shall in any way be construed to qualify, limit or
abridge the power and authority, now or hereafter conferred upon any
such municipal corporation by its charter or by special Act of the General
Assembly, to sell, lease, exchange or otherwise dispose of any such electric
plant and/or gas plant, or to qualify, limit or abridge the manner of
exercise of such power and authority as prescribed in any such charter or
special act, and provided further, that nothing contained in Section 195
or in this section shall apply to Washington County, Talbot County, or the
municipalities of Centreville, Snow Hill, Rock Hall, Hagerstown and
Berlin.

Railroad Companies.

An. Code, 1924, sec. 194. 1912, sec. 260. 1904, sec. 242. 1888, sec. 158. 1876, ch. 242.

197. Any number of natural persons, not less than five, three of whom
shall be citizens of Maryland, may become a body corporate, with all the
rights, privileges and powers conferred by and subject to all the restrictions
of sections 197 to 274 of this article.

The general railroad law of this state is a remedial statute and to be liberally con-
strued. Good faith and reasonable certainty only, are required. Piedmont, etc., Ry. Co.
v. Speelman, 67 Md. 272; Union R. R. Co. v. Canton R. R. Co., 105 Md. 17; Hyattsville
v. Washington R. Co., 120 Md. 130.

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., R. R. Co.,
41 Md. 588; Hyattsville v. Washington, etc., R. Co., 120 Md. 130.

For the regulations concerning carriers prescribed in the act creating the public
service commission, see sec. 368, et seq.

As to passenger railway companies, see sec. 312, et seq.

As to railroads built and operated by mining companies, see sec. 181, et seq.

As to special police officers appointed for railroads and steamboats, see sec. 337,
et seq.

As to the taxation of railroad companies, see art. 81, secs. 2, 7, 13, 95 and 96.

As to the title of rolling stock, etc., leased, rented or delivered conditionally, see
art. 21, sec. 109.

As to obstructing railroads, see art. 27, sec. 535, et seq.

As to "The Transportation of White and Colored Passengers," see art. 27, sec. 510,
et seq.

For the "Jim Crow" law, see art. 27, sec. 521, et seq.

As to fire prevention along railroad tracks and the duty of the department of forestry,
railroad companies and owners in connection therewith, see art. 39A, sec. 34, et seq.

As to elimination of grade crossings, see art. 89B, sec. 27, et seq.

An. Code, 1924, sec. 195. 1912, sec. 261. 1904, sec. 243. 1888, sec. 159. 1876, ch. 242, sec. 3.

198. Any number of persons as aforesaid, associating to form a com-
pany 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;


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 873   View pdf image (33K)
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