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virtue of its charter and any amendments thereto, and of other laws of this State, or the laws of any other State in which any part of such railroad may have been situated, not inconsistent with the laws of this State.

Ibid, sec. 277. 188, art. 23, sec. 189. 1886, ch. 134, sec. 3.

297. Such corporation shall also have power to make and issue bonds bearing such rate of interest not exceeding six per cent per annum, payable at such times and places, and in such amount or amounts as it may deem expedient, and to sell and dispose of such bonds at such prices and in such manner as it may deem proper, and to secure the payment of such bonds by mortgage or deed of trust of its railroad, or any part thereof; and its real and personal property and franchises, and all of the property and franchises of such corporation embraced, or intended to be embraced in any such mortgage or deed of trust, whether then held or thereafter acquired, shall be subject to the lien and operation of such mortgage or deed of trust, and in case of sale under the same shall pass to and become vested in the purchaser or purchasers thereof, so as to enable him or them to form a new corporation in the manner hereinbefore prescribed, and to vest in such new corporation all the faculties, powers, rights, immunities, privileges and franchises possessed by its predecessor or conferred by this section.

1904, art. 23, sec. 278. 1888, art. 23, sec. 190. 1886, ch. 134, sec. 4. 298. Any railroad company incorporated under the provisions of Sections 294, 296 or 297, shall have power to sell, lease, assign or transfer its stock, property and franchises to, or to consolidate the same with those of any other railroad company incorporated under the laws of this or any other State, or of the United States, whose railroad within or without this State shall connect with or form a continuous line with the railroad of the company incorporated under said sections, upon such terms as may be agreed upon; provided, however, that the agreement for any such sale, lease, assignment, transfer or consolidation, shall be submitted to the stockholders of the railroad company incorporated under said sections at a special meeting called for considering the same, and shall be sanctioned

by the holders of two-thirds of the stock represented at such meeting in person or by proxy, and if sanctioned at such meeting, shall be filed in the office of the Secretary of State of this State; and provided, further, that such agreement shall contain no provisions in conflict with the provisions of this Article, or which shall exempt such railroad, so far as it lies within this State, from the operation of the laws of this State.

Ibid, sec. 279. 1888, art. 23, sec. 191. 1886, ch. 134, sec. 5. 299. Any railroad company incorporated under the provisions of Sections 294, 296 and 297, shall also have power to purchase or contract for the use and enjoyment, in whole or i part, of any other railroad or railroads lying within or without this State, if the same shall connect with or form a continuous line with the railroad of the company incorporated under said sections.

Ibid, sec. 280. 1888, art. 23, sec. 192. 1886, ch. 134, sec. 6. 300. Any corporation organized under the provisions of said sections, which shall have purchased an incompleted railroad, shall have ten years from the date of its organization to complete and finish the main line of its railroad.

Ibid, sec. 281. 1888, art. 23, sec. 193. 1886, ch. 134, sec. 7. 301. No corporation shall be established under the provisions of said Sections 294, 296 and 297, unless it shall allow and issue to this State the same proportion of its common stock, if any, as the State shall own of the capital stock of the corporation whose railroad shall have been purchased as aforesaid.

Ibid, sec. 282. 1900, ch. 217, sec. 193A.

302. It shall be lawful for any railroad company heretofore or hereafter incorporated under the laws of this State to acquire, own and hold, pledge, sell or otherwise dispose of, and to endorse, guarantee or assume the stocks, bonds and other securities of other railroad companies of this or any other State, and of any inland, coast or ocean transportation company or companies.*

* See section 7 of Article 23, and notes.

1904, art. 23, sec. 283, 1888, art. 23, sec. 194. 1886, ch. 294, sec. 1. 303. Whenever the several railroads of this State, operated by steam, shall cross any public highway at grade outside the corporate limits of cities, and any such highway shall be believed to be of such a character as to render the passage of locomotives and trains thereon dangerous to life and property, it shall be the duty of the commissioners of the county in which such point of crossing shall be located, to notify the company owning or operating the railroad at such point, by serving a written notice on the superintendent or other agent of such railroad company in said county, that the said county commissioners will, thirty days thereafter, consider the necessity of further protection against danger at said crossing; and if, after the expiration of said thirty days said county commissioners, or a majority of them, shall determine that such protection is necessary, they shall notify said railroad company through its superintendent or ticket agent in said county, that within sixty days thereafter, said railroad company shall either place a flagman at said crossing, whose duty it shall be to give timely notice to all persons using said crossing, of the approach of all locomotives or trains, or a system of electric alarm bells, to give such notice at the approach of trains, or shall erect safelygates at said crossing, which shall be closed not less than onehalf minute before the passage and during the passage of every railroad train or locomotive across said highway; or shall change the said grade crossing so as to pass said highway with an under or over grade crossing, in which case neither a flagman nor safety-gate shall be required.*

Ibid, sec. 284. 1888, art. 23, sec. 195. 1886, ch. 294, sec. 2. 304. If any railroad company shall neglect or refuse to comply with the requirements of the said county commissioners, as provided for by Section 303, said railroad company shall be liable to a fine of twenty-five dolalrs per day for each and every day it shall neglect or refuse so to do.

1904, art. 23, sec. 285. 1888, art. 23, sec. 196. 1886, ch. 294, sec. 3. 305. It shall be the duty of said County commissioners to enforce the payment of fines imposed by the preceding section,

Prince George's Co. vs. B. & O. R. R., 113 Md. 184.

as other fines are collected, before the Circuit Court for said county; and the State's attorney thereof shall attend to the prosecution of all such suits when directed so to do by the said county commissioners.

Ibid, sec. 286. 1888, art. 23, sec.. 197. 1886, ch. 107.

306. Every railroad company of this State, heretofore or hereafter incorporated, wherever it shall find it necessary in the construction of its railroad or any lateral branch, is hereby authorized to cross at, under or over grade any railroad now or hereafter constructed; and if the said railroad company cannot agree with the company or companies owning and operating such railroad or railroads, whose track is or tracks are to be crossed, as to the compensation and terms upon which such crossing or crossings shall be made, then the said railroad com pany may condemn the easement of such crossing or crossings in the same mode prescribed for the condemnation of the lands of individuals in and by Section 269 of this Article; provided, that if any of the said crossings shall be made at grade, then the said railroad company shall, at its own expense, erect a proper signal station at such crossings and keep a watchman thereat; and the trains of the company owning or operating the said road so crossed at grade shall have precedence over the trains of the company so crossing said track or tracks; and provided further, that if the said crossings shall be under or over grade, they shall be so constructed by the said railroad company so crossing as not to interfere with the passage of trains under or over the same by the company or companies operating the railroad so crossed.*

Ibid, sec. 287. 1888, art. 23. sec. 198. 1860, art. 77. sec. 1. 1838, ch. 244. sec. 1. 1841, ch. 266. 1846, ch. 346.

307. Railroad companies shall be responsible for injuries resulting in death or otherwise inflicted upon any stock, as cattle, horses, sheep, hogs, and so forth, or by fire occasioned by their engines or carriages, upon any of their roads and the branches thereof, unless the said companies can prove to the satisfaction of the justice or other tribunal before which the

City & Suburban Ry. Co. vs. Washington, Westminster & Gettysburg R. R. Co. 122 Md. 655.

suit may be tried that the injury complained of was committed without any negligence on the part of the company or its agents.*

1904, art. 23, sec. 288. 1888, art. 23, sec 199. 1860, art. 77, sec. 2. 1838, ch. 244, sec. 1.

308. The damages caused by such injuries may be sued for and recovered by the owner of such stock, or the person injured by fire, before a justice of the peace, when the damages claimed shall not be over one hundred dollars, and in the Circuit Court for the county or the Courts having civil jurisdiction over the amount claimed in the City of Baltimore, when the amount claimed exceeds one hundred dollars.

Ibid, sec. 289. 1888, art. 23, sec. 200. 1860, art. 77, sec. 3.
1838, ch. 244, sec. 2.

309. The damages claimed under Section 307 of this Article, shall be sued for in the county or city where the injuries shall have been done; and a summons served upon the president or any of the directors or conductors of any of said companies shall be considered proper service upon the corporation; provided, said service shall be made at least twenty days before the return day of the writ.

1904, art. 23, sec. 290.

1888, art. 23, sec. 201. 1860, art. 77, sec. 4. 1838, ch. 244, sec. 2.

310. If the company summoned shall not appear to answer at the time named in the summons, on the return of two summons served as aforesaid, the Court or justice shall proceed to enter up judgment against said corporation as if the said corporation had regularly appeared; but said judgment shall not be rendered until affidavit shall be filed showing the name of the president, director or conductor on whom said service was made and the day of said service; and any property belonging to the corporation shall be liable to execution for the amount of such judgment.

Ibid, sec. 291. 1888, art. 23, sec. 202. 1868, ch. 471, sec. 217.

311. No railroad or mining company formed or organized under any of the provisions of this Article, or which has or

Northern Central Ry. Co. vs. Green, 112 Md. 487.

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