EMERSON C. HARRINGTON, GOVERNOR. 897

chises possessed, held and exercisable by it in respect to its
other railroads and property in this State.

Second—If any stockholder of any selling company .incor-
porated under the laws of this or of this and any other State or
States, who shall not either in person or by proxy have voted
at such meeting of stockholders in favor of said agreement,
shall be dissatisfied with the price payable by the terms thereof
to the holders of shares of the selling company, such share-
holder may within thirty (30) days after the filing of said
agreement in the office of the Secretary of State apply by peti-
tion to any Judge of the Circuit Court for any County in this
State wherein any part of the railroad embraced in said agree-
ment is situated, or to the Judge of the Superior Court of
Baltimore City, if any part of said railroad be situated within
the limits of said city, for the appointment of three, disinter-
ested commissioners to estimate and appraise the share or
shares of such stockholder at their market value, without re-
gard to any depreciation resultant from such sale, and the
award of said commissioners, when confirmed by the Court,
shall be final and conclusive, and thereupon the purchasing
company shall pay to the stockholder the value of his share or
shares as ascertained by said appraisement, and upon payment
as aforesaid the stockholder shall transfer the said share or
shares absolutely to the purchasing company to be cancelled.
The commissioners aforesaid shall make their award in writ-
ing in triplicate original, and shall deliver one of such origi-
nals to each party and file the other with the Clerk of- the
Court within five (5) days after completing the same; and if
either party be dissatisfied with such award, exceptions thereto
shall be filed within fifteen (15) days after the award shall be
filed by the commissioners as aforesaid; 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; whereupon the
same procedure shall be had as often as the Court shall set
aside said appraisement; and commissioners appointed by the
Court as aforesaid shall file their award as hereinabove pro-
vided within five (5) days after the day of their appointment.
If any stockholder shall proceed as herein authorized for the
ascertainment and determination of the value of his stock of
the selling company, such action shall be treated as and con-
clusively presumed to be an election on the part of such stock-

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