Mayor of Hyattsville v. Washington, Westminster & Gettysburg Railroad

Citations

• 120 Md. 128

Syllabus

<p>Condemnation proceedings under Chapter 117 of the Acts of 1912: sufficiency of allegations in petition. Railways: incorporation under general law; termini must he within the State; hut certificate may refer to points heyond State. General Lne^^ratien Law., a remedial statute; names of all towns and cost, not essential right to condemn crossing over public road; certificate of judge; effect of — ; sufficiency; only prima facie.</p> <p>In condemnation proceedings, if the petition contained allegations in conformity with the provisions of Chapter 117 of the Acts of 1912 (Code of 1912, Article 33A, section 2), it is sufficient. p. 130</p> <p>The Legislature has no power to incorporate a railroad between points outside of the State; the provisions of the Code of 1912, Article 23, section 261, requiring the statement of termini in'the certificate of incorporation, refer to the termini within the State. pp. 131-132’</p> <p>Such termini must be fixed within the State with reasonable certainty, but it is not necessary that the exact points should be named. p. 141</p> <p>If the route of a railroad is fixed with sufficient certainty in the State, the mere fact that the certificate contains references to points outside of the State but close to it, does not</p> <p>invalidate the incorporation. p. 134</p> <p>The general iaeOTper-atlen law is a remedial statute, and is to be liberally construed. p. 136</p> <p>The certificate of incorporation, submitted to a judge and approved by him, is not final, and does not prevent inquiry into the legal existence of the corporation; but the courts, in passing upon such legal existence, should be cautious in declaring the certificate invalid. . p. 137</p> <p>The certificate of incorporation of a road incorporated under the general law need not give the names of every corporate town through which it is to pass. p. 138</p> <p>After such a railroad has filed its charter, it may establish lines between the termini different from those originall