upon the lessee company shall, at its election, either pay to the stockholder the amount of damages appraised by the commissioners and permit the stockholder to retain title and possession of his shares, or shall pay to the stockholders the value of his shares as ascertained by said appraisement; and upon payment of the said last mentioned value the stockholder shall transfer the said shares absolutely to the lessee company, and the same shall be thereafter owned, held or disposed of by the latter as its directors may determine, authorize and direct. The commissioners shall make their award in writing in triplicate original, and shall deliver one of such originals to each party and file the other with the clerk of the court within five days after completing the same; and if either party be dissatisfied with such award, exceptions thereto shall be filed on or before the first day of the term of court succeeding the date of the award; and thereupon the court shall fully hear and consider the said exceptions, and either affirm the said award or set the same aside, as it shall determine, and if set aside, appoint three other disinterested commissioners to make another appraisement.

1888, art. 23, sec. 179. 1876, ch. 242, sec. 23.

266. Every railroad company in this State shall cause all its trains of cars for passengers to entirely stop upon each arrival at a station advertised by such company as a station for receiving passengers upon such trains at, least one-half of one minute; and every company, and every person in the employment of such company, that shall violate, or cause or permit to be violated the provisions of this section, shall be liable to a forfeiture of not more than one hundred, nor less than twenty dollars, to be recovered in an action of debt, upon the complaint of any person before any justice of the peace of the county in which such violation shall occur; and in all cases in which a forfeiture shall occur under the provisions of this section, the company whose agents shall cause or permit such violation shall be liable for the amount of such forfeiture; and in all cases, the conductor upon such train shall be held prima facie to have caused the violation of this section which may occur upon the train in his charge; said forfeiture to be

recovered in the name of the State of Maryland, for the use of the common schools.

Ibid. sec. 180. 1874, ch. 333, sec. 1.

267. Whenever freight, forwarded upon any railroad to any point in this State, shall remain unclaimed, and the legal charges thereon unpaid for the space of three months after its arrival at the point to which it shall have been directed, and the owner or person to whom the same is consigned, can not be found upon diligent inquiry, or being found and notified of the arrival of such freight, shall neglect to receive the same and pay the legal charges thereon, for the space of three months, then it shall be lawful for such railroad company to sell such freight 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, including the costs of storage on said freight, and to pay the overplus, if any, to the owner or consignee of such freight on demand.

1896, ch. 296, sec. 180A.

268. Whenever freight forwarded upon any railroad to any point in this State shall consist of live stock, or shall be of such a perishable nature, or so damaged, or of such other character as to make it impracticable for it to remain in the possession of the company owning or operating said railroad for the space of three months after its arrival at the point to which it shall have been directed, and the owner or person to whom the same is consigned can not be found after diligent inquiry, or being found and notified of the arrival of such freight shall refuse or neglect to remove the same, and pay the legal charges thereon, for the space of twenty-four hours, then, upon application by said railroad company, verified by affidavit, to any judge of the Circuit Court for the county in which the freight may be, or to any judge of the Supreme Bench of Baltimore city, assigned to one of the common law courts of said city, if said freight be in said city, setting forth the reasons for which said application is made, it shall be

lawful for said judge to pass an order for the sale of said freight whenever said judge may deem such sale expedient, on such terms and notice as the order may prescribe; and the proceeds of said sale, if there be any remaining over, after payment of the expenses incident thereto and legal charges, including cost of the keep of such live stock or cost of storage on said freight, shall be paid to the owner or consignee of said freight on demand.

Ibid. sec. 181. 1874, ch. 333, sec. 2.

269. Whenever personal baggage, sample packages, bundles or baggage transported by any railroad company, doing business as common carriers, to any point 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 can not, 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, including cost of storage on said property, and to pay the overplus, if any, to the owner or consignee of any such property, on demand.

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

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

Ibid. sec. 183. 1874, ch. 446, sec. 1.

271. 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.

Penna. R. R. Co. v. Consol. Coal Co., 55 Md. 160. Penna. R. R. Co. v. Balto. and Ohio R. R. Co., 60 Md 263.

Ibid. sec. 184. 1874, ch. 446, sec. 2.

272. 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 or more than one thousand dollars for each day of such refusal or neglect.

1864, ch. 371. 1876, ch. 221.

1888, art. 23, sec. 185. 273. 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 petitioner 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 proceedings as may seem right and proper.

Montel v. Consolidation Co., 39 Md. 164.

1880, ch. 292.

1888, art. 23, sec. 186. 274. Nothing in this article shall apply to or authorize the construction of any elevated railroad, or of any other railroad, except a 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.

Koch v. North Ave. Ry. Co., 75 Md. 223.

Ibid. sec. 187. 1886, ch. 134, sec. 1.

275. 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 sur