ness as common carriers, to any points in this State, shall remain at the place to which the same is or shall be directed for the space of three months, or any lost or stray baggage, sample package, bundles or luggage, shall remain unclaimed by the owner or consignee for the space of three months, at the place to which the same shall be or shall have been transported, and the said owner or person to whom the same shall be directed cannot, upon diligent inquiry, be found or being found and notified of the arrival of such property shall neglect to receive the same, and pay the reasonable charges thereon, then it shall be lawful for such railroad company to sell such property at public auction, after giving ten days' notice of the time and place of said sale, by posting up notices thereof in three public places in the county or city where such sale shall be made, and out of the proceeds of such sale to pay the legal charges, in cluding cost of storage on said property, and to pay the overplus, if any, to the owner or consignee of any such property, on demand.

Ibid, sec. 270. 1888, art. 23, sec. 182. 1874, ch. 333, sec. 3.

289. The three preceding sections shall apply to all steamcoat and transportation or forwarding companies, or other corporations or companies, which act as common carriers or forwarders in this State.

Ibid, sec. 271. 1888, art. 23, sec. 183. 1874, ch. 446, sec. 1. 290. All railroads within this State, which cross or connect with any other road, or which may hereafter be so constructed or built, shall permit the road so crossing or connecting to use. their track or roadway for the passage of locomotives, cars and tonnage at a rate of tolls for passage of trains and tonnage not exceeding the rate per ton per mile, or proportionate part of a mile so used, as is charged for through freight per ton per mile; provided, however, that the right of any road to use the track of any connecting road under this section shall not be extended to a greater distance than five miles.

1904, art. 23, sec. 272. 1888, art. 23, sec. 184. 1874, ch. 446, sec. 2. 291. If any railroad company in this State shall fail or refuse to comply with the provisions of the preceding section, the

party aggrieved shall have the right to recover, upon suit in any Court of this State that has jurisdiction, a sum not less than five hundred dollars nor more than one thousand dollars for each day of such refusal or neglect.

Ibid, sec. 273. 1888, art. 23, sec. 185. 1864, ch. 371. 1876, ch. 221.

292. If any person is or shall be aggrieved by any company incorporated by the laws of this State, with authority to transport or carry persons or property for hire by reason of anything done or omitted to be done by the said company, in violation or contravention of its duty in regard to the transportation or carriage of property or persons as aforesaid, it shall and may be lawful for such person to apply by petition in a summary way to the Circuit Court for the county or Superior Court of the City of Baltimore, where said company shall have an office for the transaction of business, for relief against the said alleged grievance; and thereupon the said Court shall appoint a short day for hearing the matter of the said petition, of which said company shall have notice; and on hearing the parties, or in case the said company shall fail to appear and show cause against the said application, on examination of the said petition and the evidence which shall or may be produced by the petition in support thereof, 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 under a commission or by deposition, and for taking or collecting other necessary evidence to be used at the hearing 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,

and the said appeal shall be heard and determined at the first term of the said Court next after the transmission of the transcript of the record of the said appeal to the said Court; and in the event of an appeal as aforesaid, the said Court of Appeals shall have authority to pass such order in relation to the costs of the said proceeding as may seem right and proper.*

See Section 425, et seq.

1912, art. 23, sec. 293. 1904, art. 23, sec. 274. 1888, art. 23, sec. 186. 1880, ch. 292. 1912, ch. 112, sec. 274.

293. 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 companies, as provided for in Section 228 of this Article.

Ibid, sec. 275. 1888, art. 23, sec. 187. 1886, ch. 134, sec. 1.
1910, ch. 725.

294. 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

*For practical purposes, this section, based upon the Act of 1876, ch. 221, has been rendered useless by the Public Service Commission Law of 1910.

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 construction 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; and a copy of such certificate attested by the Secretary of State shall in all Courts and places be evidence of the due organization and existence of such corporation and of the matters specified in such certificates; and provided, however, that nothing in this or the following section contained shall be construed to confer upon any railroad lying wholly within this State or partly within this State and partly within an adjoining State or the District of Columbia, organized under the provisions of this Article, where any portion of said railroad lying within the State of Maryland is uncompleted, any of the rights, franchises, privileges, benefits or advantages belonging to the corporation whose railroad shall be so sold as aforesaid until the railroad company so organized under the provisions of this Article shall have entered into a bond to the State of Maryland, with surety or sureties satisfactory to the "Board of Public Works," in the penalty of twenty-five thousand ($25,000) dollars conditioned upon the building, in each year, and placing in operation of at least five miles of such uncompleted road in each twelve months, counting from the date of the organization of said railroad under this section, until the entire road within the State of Maryland as originally contemplated and provided for in the charter of the corporation whose railroad and franchises may be sold, shall have been fully completed and put in operation, whereupon said bond shall be and become null and void, other

wise to remain in full virtue and effect; and provided further, that upon the failure of any corporation organized under the provisions of this section, of a railroad lying wholly within this State, or partly within this State and partly within an adjoining State, or the District of Columbia, to construct and operate. five additional miles in each year in accordance with the first proviso hereof, the Attorney-General of the State shall cause suit to be brought in the name of the State against such company for a forfeiture of its charter and corporate existence and to enforce the penalty of said bond so given to the State of Maryland.*

1910, ch. 725.

295. Any corporation heretofore formed under the provisions of Section 294 of Article 23 of the annotated code of public civil laws of Maryland or any amendments thereto shall, where any portion of the railroad acquired by said corporation under said section or amendments lying within the State of Maryland is uncompleted, build in each year and place in operation at least five miles of such uncompleted road in each twelve months, counting from April 13, 1910, until the entire road within the State of Maryland as originally contemplated and provided for in the charter of the corporation whose railroad and franchises may be sold shall have been fully completed and put in operation, and upon the failure of any such corporation to so construct and operate five additional miles in each or any year in accordance with the provisions hereof, the Attorney-General of the State shall cause suit to be brought in the name of the State against such company for the forfeiture of its charter and corporate existence.

1904, art. 23, sec. 276. 1888, art. 23, sec. 188. 1886, ch. 134, sec. 2. 296. Such corporation shall possess all the powers, rights, immunities, privileges and franchises in respect to such railroad, or the part thereof included in such certificate, and in respect to the real and personal property appertaining to the same, which were possessed or enjoyed by the corporation which owned or held such railroad previous to such sale under or by * B. C. & A. Ry. vs. Wicomico Co., 103 Md. 277.