650 CORPORATIONS. [ART. 23

shall file with the board of public works the plan of the bridge
and other fixtures for crossing such canal or navigable water,
designating the place of crossing; and if the said board
shall approve of such plan, it shall notify such company in
writing, of such approval; but if the said board shall dis-
approve such plan, or fail to approve the same within twenty
days from the filing thereof, then it shall be lawful for such
company to apply to the circuit court, or any judge thereof in
vacation; and upon reasonable notice being given to the mem-
bers of the board of public works, said court or judge shall,
upon good cause shown, appoint a competent, disinterested
engineer, not a resident of any county through which said
road passes, to examine such crossing and to prescribe the
plan and condition thereof, so as not to impede navigation;
and such engineer shall, within twenty days from his appoint-
ment, make his return to the circuit court for the county where
such crossing is to be made, subject to exception by either
party; and thereupon the court shall, at the next term after
the filing of said return proceed to examine the same, and
unless good cause is shown shall approve and confirm the
same, and such order of confirmation shall be sufficient
authority for the erection, use and occupancy of such bridge in
accordance with such plan; provided, that no railroad company
shall be authorized to construct any permanent bridge over any
canal of this State, which shall be less than twelve feet in the
clear above the top water-line of said canal, and the piers and
abutments of such bridge shall be placed so as not in any
manner to contract the width of the canal, or interferft with
free passage on the towing-path.
Dundalk, etc. Co. v. Gov. Smith, 97 Md. 179.

1888, art. 23, sec. 178. 1876, ch. 242, sec. 22. 1890, ch 553.

265. It shall be lawful for any railroad company heretofore
or hereafter incorporated under the laws of this State to con-
solidate with any other railroad company incorporated under
the laws of this or any other State, or of the United States,
whose railroad within or without this State shall connect with
or form a continuous line with the railroad of the company so
consolidating upon such terms as may be agreed upon; pro-
vided, however, that the agreement for such consolidation shall
be submitted to the stockholders of the railroad company
incorporated under the laws of this State at a special meeting
called for considering the same, and shall be sanctioned by the