EMERSON C. HARRINGTON, GOVERNOR. 1225

ten demand for the payment for his stock, and shall, thereupon,
be entitled to receive the fair value thereof, and if the dissent-
ing stockholder and the consolidated corporation shall fail to
agree upon the fair value of said stock, or, if, having agreed,
the corporation shall fail to pay or tender the amount thereof,
the dissenting stockholder may, within thirty days after such
written demand, apply by petition to any court of equity hav-
ing jurisdiction over the consolidated corporation, on reason-
able notice to be furnished by said court to said consolidated
corporation, for the appointment of three disinterested com-
missioners to appraise the fair value of his stock without re-
gard to any depreciation or appreciation thereof in consequence
of the said consolidation, and on the coming in of the answer
to said petition, the court shall pass an order referring the mat-
ter to three commissioners named by it, for the purpose of as-
certaining such value, and such order shall prescribe the time
and manner of producing evidence, if necessary; and the award
of said commissioners (or that of a majority of them) when
confirmed by said Court, shall be final and conclusive on all
parties, unless any stockholder or the corporation consolidating
as aforesaid, feeling aggrieved at the said action of the said
Court, shall appeal to the Court of Appeals of Maryland, which
right of appeal from such action of the Court is hereby given,
and said consolidated corporation shall pay such stockholder
the value of his stock ascertained as aforesaid, and on receiving
such payment or on a tender thereof, said stockholder shall
transfer his stock to the said consolidated corporation, which
stock shall then have the status of authorized but unissued
stock; and in case the award is not so paid within thirty days
from the filing of said award and confirmation by said Court,
or, in case of an appeal, within thirty days from the confirma-
tion of said award by the Court of Appeals, and notice thereof
given in the manner aforesaid unto said stockholder and the
said consolidated corporation, the amount of the award shall
be a decree against the said consolidated corporation, which de-
cree shall be a prior lien to any mortgage or other lien placed
on its property or franchises by said consolidated corporation,
and may be collected as other decrees in said Court are by law
collectible.

SEC. 10. And be it further enacted, That Sections 35 and 36
of Article 23 of the Annotated Code of Maryland be and the
same are hereby repealed and re-enacted with amendments so
as to read as follows: