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Session Laws, 1949
Volume 590, Page 1103   View pdf image (33K)
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WM. PRESTON LANE, JR. ? GOVERNOR. . 1103

any depreciation or appreciation thereof in consequence of
such amendment, with interest from said date. Such
demand may be made within twenty days after the articles
of amendment have been received for record by the State
Tax Commission (but not afterwards). If the dissenting
stockholder of such corporation shall fail to agree upon
the fair value of said stock, the dissenting stockholder
may, within thirty days after such written demand, apply
by petition to any court of equity having jurisdiction over
said corporation on reasonable notice to be furnished by
said court to said corporation, for the appointment of
three disinterested commissioners to appraise the fair
value of his stock, and thereupon such proceedings shall
be had as are provided by Section 37 (a) of this Article.
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, feeling aggrieved at the said action of the
said court, shall appeal to the Court of Appeals of Mary-
land, which right of appeal from such action of the court
is hereby given, and said corporation shall pay such stock-
holder the value of his stock ascertained as aforesaid.
Upon receiving such payment or on a tender thereof, said
stockholder shall transfer his stock to the said corporation,
which stock may be held by the said corporation or sold
or otherwise disposed of by it from time to time for its
corporate purposes. In case the award is not so paid
within thirty days from the filing of said award and con-
firmation by said court, or in case of an appeal within
thirty days from the confirmation of said award by the
Court of Appeals the amount of the award shall be a
decree against the said corporation, which decree shall be
a prior lien to any mortgage or other lien placed on its
property or franchises by the corporation after such
amendment has become effective, and may be collected as
other decrees in said court are by law collectible.

(c) The word "terms" as used in this section in refer-
ence to stock is intended and shall be construed to mean
only the contract rights of the holders thereof as expressed
in the charter, including any rights to preference upon
distribution of assets and any rights to cumulative or non-
cumulative dividends, whether or not accrued, which shall
not have been declared. This definition shall not be con-
strued as implying that in the absence thereof, the word
"terms" as used in this section could properly be otherwise
construed.

(d) No amendment of the charter of a corporation,
whether contained in articles of amendment or in an

 

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Session Laws, 1949
Volume 590, Page 1103   View pdf image (33K)
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