Id. s. 12. Change of loca road. shall not award to the landowner a larger amount of damages than was awarded by the first inquisition, the court may, in its discretion, order the costs of the said second or other inquisition, to be paid by the owner or owners of said land or materials condemned; and the inquisition shall in all cases describe the property taken, or the bounds of the lands condemned, and the quality or duration of the interest in the same, valued for the company, and such valuation, when paid or tendered to the owner or owners of the property, his, her, or their legal representatives, shall entitle the said company to the estate and interest in the same thus valued, as if it had been legally conveyed by the owner or owners of the same, and the valuation, if not received when tendered, may at any time thereafter be received without costs from said company by the owner or owners, his, her, or their legal representatives; and the sheriff shall keep the said jury together for a reasonable time until they shall agree upon, and sign and seal the said inquisition; and in case it shall so happen that the jury cannot agree, after being kept together as aforesaid, the sheriff may in his discretion, discharge the said jury, and without any further warrant from a justice of the peace, shall within five days thereafter summon another jury of twenty inhabitants as aforesaid, not upon the former jury, and the same proceedings shall be had in all respects as is hereinbefore provided; and in case of a second or other disagreement of the jury, the same proceedings shall be had until a verdict or inquisition shall be made and returned as aforesaid. 11. Whenever any railroad company, heretofore incorporated, or tion or grade of which may hereafter be incorporated, shall find it necessary for the purpose of avoiding annoyance to public travel, or dangerous or difficult curves or grades, or unsafe or unsubstantial grounds or foundations, or for other reasonable causes, to change the location or grade of any portion of their road, whether heretofore made, or hereafter to be made, such railroad companies shall be, and are hereby authorized to make such changes of grade and location, not departing from the general route prescribed in the certificate of such company; and for the purpose of making any such change in the location and grades of any such road as aforesaid, such company shall have all the rights, powers, and privileges to enter upon and take and appropriate such lands, and make surveys necessary to effect such changes and grades, upon the same terms, and be subject to the same obligations, rules, and regulations, as are prescribed by law, and shall also be liable in damages, when any have been caused by such change to the owner or owners of the lands upon which such road was heretofore constructed, to be ascertained and paid, or deposited as aforesaid; but no damages shall be allowed, unless claimed within thirty days after actual notice of such intended change shall be given to such owner or owners, if residing on the premises, or sixty days' notice by publication in some newspaper in general circulation in the county, if non-resident; provided, that when any condem Condemnation proceedings. Proviso nation shall have been made and confirmed, under this, or preceding sections, the said condemnation shall be finally binding upon the company, unless within thirty days they elect to abandon said location. Agreement of thorities to use 12. If it shall be necessary, in the location of any part of any Id. s. 13. railroad, to occupy any road, street, alley, or public way, or ground municipal auof any kind, or any part thereof, it shall be competent for the mu- of streets, etc. nicipal or other corporation, or public officer, or public authorities, owning or having charge thereof, and the railroad company to agree upon the manner and upon the terms and condition upon which the same may be used or occupied; and if said parties shall be unable to agree thereon, and it shall be necessary, in the judgment of the directors of such railroad company, to use or occupy such road, street, alley, or other public way or ground, such company may appropriate so much of the same as may be necessary for the purposes of such road, in the same manner and upon the same terms as is provided for the appropriation of the property of individuals Proceeding in by the tenth section thereof; provided, that every railroad company agreement. laying down any such track or tracks upon any such public street, road, alley, or other public ground, shall be responsible for injuries done to private property by such location, lying upon or near to such public ground, which may be recovered by civil action brought by the owner or owners at any time within two years from the completion of such track or tracks, before the proper court; and pro- Provisos. vided, that no railroad company shall be allowed to pass through the city of Baltimore without the consent of the municipal authorities. case of non Rates for 46 Md. 13. 13. Such corporation may demand and receive for the trans- Id. s. 14. portation of passengers on said road, not exceeding three cents per transportation. mile, and for the transportation of property on said road, other than coals, ores, or other minerals, not exceeding five cents per ton per mile; but that such corporation shall not demand or receive, for the transportation of coals, ores, or other minerals, a rate exceeding one and a half cents per ton per mile. Power to 14. Such company shall have power to borrow money on the Id. s. 15. credit of the corporation, not exceeding its authorized capital stock, borrow money. at a rate of interest to be agreed upon by the respective parties, and may execute bonds or promissory notes therefor, in sums of not less than one hundred dollars, and, to secure the payment thereof, may pledge the property and income of such company. Power to lands. 15. Such company may acquire, by purchase or gift, any lands Id. s. 16. in the vicinity of said road, or through which the same may pass, acquire adjacent so far as may be deemed convenient or necessary by said company, to secure the right of way, or such as may be granted to aid in the construction of such road, and the same to hold or convey in such manner as the directors may prescribe; and all deeds and convey- Deeds, how ances made by such company shall be signed by the president, under sealed. the seal of the corporation. signed and Construction of railroad across 16. It shall be lawful for such corporation, whenever it may be Id. s. 17. necessary in the construction of such road to cross any road or stream of water, to divert the same from its present location or bed, road or stream. Id. s. 18. Principal office. Id. s. 19. Sign to be ing of public road. but said corporation shall, without unnecessary delay, place such road or stream in such condition as not to impair its former usefulness; and provided such corporation shall be liable for damage caused by such diversion of any stream. 17. Such corporation shall, as soon as convenient after its organization, establish a principal office at some point on the line of its road, and change the same at pleasure, giving public notice in some newspaper of such establishment or change. 18. Every company organized under this act shall be required to erected at cross-erect, at all points where their road shall cross any public road, at a sufficient elevation from such public road to admit of the free passage of vehicles of every kind, a sign with large and distinct letters placed thereon, to give notice of the proximity of the railroad, and warn persons of the necessity of looking out for the cars; and any company neglecting or refusing to erect such sign, shall be liable in damages for all injuries occurring to persons or property from each neglect or refusal. Id. s. 20. 19. Each and every railroad company, incorporated under this act, to comptroller. shall, annually, in the month of January, make a full report of the condition of its affairs to the comptroller, showing the amount of the capital stock of such company, the gross amount of tolls or receipts during the previous year, the cost of repairs and incidental expenses, the net amount of profits and dividends made, with such other facts as may be necessary to a full statement of the affairs and condition of such road, and the comptroller shall present an abstract copy of such report to the General Assembly at each session thereof. Comptroller to make abstract copy of report to General As sembly. Id. s. 21. Crossing canal or navigable water. 20. Whenever the line of any railroad company now existing, or which may hereafter organize under this act, shall cross any canal or any navigable water, the said company shall file with the board of public works the plan of the bridge, and other fixtures for crossing such canal or navigable water, designating the place of crossing; and if the said board shall approve of such plan, it shall notify such company in writing of such approval, but if the said board or acting commissioners shall disapprove such plan, or fail to approve the same within twenty days from the filing thereof, then it shall be lawful for such company to apply to the Circuit Court, or any judge thereof in vacation, and upon reasonable notice being given to the members of the board of public works, said court or judge shall, upon good cause shown, appoint a competent, disinterested engineer, not a resident of any county through which the road passes, to examine such crossing and to prescribe the plan and conditions thereof, so as not to impede navigation; and such engineer shall, within twenty days from his appointment, make his return to the Circuit Court of the county where such crossing is to be made, subject to exception by either party, and thereupon the court shall, at the next term after the filing of said return proceed to examine the same, and unless good cause is shown, shall approve and confirm the same, and such order of confirmation shall be sufficient authority for the erection, use, and occupancy of such bridge, in accordance Consolidating company, with from the bly, prohibited. 21. No railroad company, heretofore or hereafter incorporated Ia. s. 22. under the laws of this State, shall enter into any agreement for the with, etc., any consolidation of such railroad company with any other railroad other railroad company, or aid any other railroad company in the construction of out authority its railroad by means of subscription to the capital stock of such General Assemother railroad company or otherwise, or shall lease or purchase all or any part of any railroad constructed by any other railroad company, without the authority of an act of Assembly authorizing it. to enter into such agreement, or to give such aid, or to make such lease or purchase, being first had and obtained. trains are to 22. Every railroad company in the State shall cause all its trains Id. s. 23. of cars for passengers to entirely stop upon each arrival at a station Length of time advertised by such company as a station for receiving passengers stop at stations. 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 hun- Penalty for dred nor less than twenty dollars, to be recovered in an action of violation. 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 primâ facie to have caused the violation of this section which may occur upon the liability. train in his charge; said forfeiture to be recovered in the name of the State of Maryland, for the use of common schools. Presumption of connecting or and tonnage. 23. All railroads within the State of Maryland, which cross or 1874, c. 446. connect with any other road, or which may hereafter be so constructed Use of track by or built, shall be, and are hereby required, to permit the road so crossing roads. crossing or connecting to use their track or roadway for the passage of the locomotives, cars, and tonnage, at a rate of tolls for passage of trains and tonnage not exceeding the rate per ton per mile, or pro- Rates of toll portionate 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 act, shall not be extended to a greater distance than five miles. If the company of any Damages for railroad in this State fail or refuse to comply with the provisions of lect. this law, 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 or more than one thousand dollars for each day of refusal or neglect. refusal or neg ARTICLE XLII. INSURANCE COMPANIES. INSURANCE DEPARTMENT. 1. Insurance department; insurance commis- 2. Duties of commissioners. I. To see that laws are executed. II. Calculation of value of policies in III. Valuation of policies of foreign life IX. Proceedings in case of insolvency, fraud, or insufficiency of assets; closing up affairs of company; violations reported to attorney-general; suits, etc., instituted. x. Record of proceedings; report to governor and to comptroller; certified copies of records, etc.; seal of office. IV. Assets of company to be equal to 3. Charters, etc., submitted to attorney-gen net values of policies. If below VI. Calculation of reinsurance reserve VII. Provided, in case capital stock im- eral; commissioner to ascertain if capital required has been paid in; mutual company; certificate of capital. 4. Conditions to be complied with by foreign 5. License; tax; proviso; fees; proviso. 7. When statements to be made; statements 9. Penalty for violating; proviso; deposits of money, etc., to be made with treasurer; how securities transferred. 1878, c. 106. Insurance department. 40 Md. 595. missioner. Salary. INSURANCE DEPARTMENT. 1. There is hereby established a distinct department, to be known as the insurance department, the office for which shall be in the city of Annapolis, which shall be charged with the execution of the laws of this State in relation to insurance, the chief officer of which shall be appointed by the governor, treasurer, and comptroller, for the Insurance com- term of four years, and shall be known as the insurance commissioner, and shall receive an annual salary of twenty-five hundred dollars, payable only out of the fees of said department, authorized by this act, and shall hold his office during the term for which he is appointed, or until his successor is appointed and qualified, unless sooner removed by the governor, treasurer, and comptroller; and the said insurance commissioner shall give bond to the State of Maryland in the sum of twenty thousand dollars, for the faithful discharge of his duties; and no person who is a director, officer, or agent of, or directly or indirectly interested in, any insurance company, except as insured, shall be appointed as such insurance commissioner. And the said insurance commissioner is authorized to Bond. Who not eligible. |