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Session Laws, 1967
Volume 681, Page 1360   View pdf image (33K)
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1360                           LAWS OF MARYLAND                      [CH. 649

the said court shall pass such order for relieving the said petitioner
or otherwise as to justice shall appertain; and the said court shall
have full power to enforce obedience to the said order by writ of
injunction or attachment, or other process which would be applicable
in the enforcement of the said order in the event that the same had
been passed by the said court in the exercise of its general equity
jurisdiction; and the said court shall have power to provide for the
examination of witnesses by an examiner or by deposition, and for
taking or collecting other necessary evidence to be used at the hear-
ing as aforesaid, and for the trial of issues involving any controverted
matter of fact by a jury under the direction of the said court, if the
said court shall deem such trial to be proper; and either party may
appeal from the final order to be passed by the said court, or any
order determining the merits of the said application or any part
thereof to the Court of Appeals.]

[219. Elevated railroads not to be built without special act.]

[Nothing in this article shall apply to or authorize the construction
of any elevated railroad, or of any other railroad, except the surface
road; and no elevated railroad company shall be incorporated, except
under a special charter of the General Assembly; and no elevated
railroad shall be constructed in or through the City of Baltimore, or
in or through any of the counties of the State; except under a special
charter of the General Assembly; provided, however, that nothing
in this section shall apply to railroads constructed by mining com-
panies, as provided for in Sec. 168 of this article.]

[220. Reorganization when sold under mortgage or deed of trust—
In general.]

[In case of the sale of any railroad situated wholly within this
State, or partly within this State and partly within an adjoining
state, or the District of Columbia, heretofore or hereafter made by
virtue of any mortgage or deed of trust, whether under foreclosure
or other judicial proceedings, or pursuant to any power contained in
said mortgage or deed of trust, the purchaser or purchasers thereof
or his or their survivor or survivors, representatives or assigns may,
together with their associates, if any, form a corporation for the
purpose of owning, possessing, maintaining and operating such
railroad, or such portions thereof as may be situated within this
State, by filing in the office of the Secretary of State a certificate of
the name and style of such corporation, the number of the directors
of the same, the name of its first directors, the period of their service
not exceeding one year, the amount of the capital stock of such
corporation, and the number of shares into which it is to be divided,
and the par value thereof, which may consist wholly of common
stock, or partly of common stock and partly of preferred stock, and
the whole or any part thereof may be issued as fully paid up stock in
payment or part payment for the road as purchased, and for the con-
struction and equipment thereof, and shall not in the aggregate
exceed the amount of stock which the corporation, whose road shall
have been purchased as aforesaid, was entitled to issue, and the
persons signing such certificate, and their successors, shall be a body
corporate and politic by the name specified in such certificate, with
power to sue and be sued, contract and be contracted with, and to
own, maintain, possess and operate the railroad referred to in such
certificate, and to transact all business connected with the same;

 

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Session Laws, 1967
Volume 681, Page 1360   View pdf image (33K)
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