ARTICLE XXII. Comptroller. 1868, c. 210 enacts: 1. That the comptroller of the treasury be and he is hereby fully authorized and impowered to adjust and settle the claims of the state against all collectors, sheriffs, clerks, registers and other collectors or receivers of public moneys, and their securities in all cases where the said claims accrued prior to the year 1866, and whether said claims be now in the form of judgment or otherwise, and for the purpose of closing all such cases the comptroller is hereby fully authorized to compromise the same by abating the interest that has accrued or any portion thereof, or any part of the principal debt in his discretion so as to best subserve the interest of the state, and shall grant discharges to the said parties and their securities upon the payment into the treasury of the amount required by him to be paid in settlement as aforesaid, provided, however, that the governor and treasurer for the time being shall each approve in writing of any such abatement before the same shall be effective; and provided, further, that no discharge or acquittance under this act shall be effective, unless the party or parties to be benefitted by the same, shall first pay to the state's attorney, who shall have the case in hand, the legal fees and also all fees of clerks and sheriffs. 2. That the state's attorneys shall when required, render unto the comptroller all the assistance he may require in the adjustment and settlement of the aforesaid claims, and the said state's attorneys shall have power to examine evidence and take and certify to affidavits as to the solvency of any official bond that may be in suit, or as to the solvency or insolvency of parties against whom fines and forfeitures were rendered in all cases where such fines and forfeitures form part of the state's claim against the principal and securities on the bond aforesaid; and the state's attorneys shall generally perform and do all other acts and things germain to the purpose of this act that may be required in writing by the comptroller as aforesaid and shall certify and return to the comptroller all the aforesaid evidences. 3. That in all cases wherein the comptroller shall require the state's attorneys to assist him in executing this act, he shall allow them or any of them as compensation a commission of twenty per cent. on any state claim that he may collect or assist him, the comptroller, in collecting, and which said claim accrued prior to 1851; a commission of ten per cent. on any claim he may collect or assist in collecting and which said claim accrued between December 31, 1850, and January 1, 1861; and a commission of five per cent. on any claim he may collect or assist in collecting and which said claim accrued between December 31, 1860, and January 1, 1866; and the comptroller is hereby authorized to expend in his discretion under the approval of the governor and treasurer as aforesaid the sum of $5,000, or so thereof as may be necessary out of any moneys in the treasury not otherwise appropriated to pay the cost of taking and collecting the aforesaid evidence, provided, that all affidavits and other evidence that shall be taken in behalf of the party debtor to the state shall be defrayed by said party and the state shall not be answerable for the same. In force and approved Marce 28, 1848. See sec. 21 of Art. XI, Public General Laws, Attorneys. 1868, c. 225 repeals the act of 1864, c. 405, entitled an act to establish a uniform system of contracting for printing all such matter pertaining to and for the use of the legislature of the state of Maryland, and for constitutional state convention, which authorized and required the comptroller of the treasury to contract for the public printing. ARTICLE XXIV. Conveyancing. MORTGAGES. 31. Form of assignment of mortgage: to be recorded at foot of mortgage. MORTGAGES. 1868, c. 373 amends section 31 to read as follows: SEC. 31. An assignment of a mortgage may be made 1868, c. 373. in the following form or to the like effect: "I hereby assign the within mortgage to the assignee. "Witness my hand and seal this..... day of ..... Form of assignment of mort gage. SEAL at foot of mort And such assignment shall be recorded on the record To be recorded in the office of the clerk of the court where the original gage. mortgage is recorded, and at or near the foot of the said mortgage, in a blank to be left by the clerk, who shall record such mortgage. Passed and approved March 30, 1868. ARTICLE XXVI. MISCELLANEOUS PROVISIONS. 1. Acknowledgment of deeds. 2. Banking prohibited. 3. Majority to constitute board. 4. Evidence of by-laws. Corporations. 5. Accounts of transactions open to inspection: annual statement. 6. General meetings of stockholders: notice. 7. Removal from office. 8. Notice to canvass votes at election. 9. Oath of stockholder before voting. 10. Oath when stock owned by a corporation. 11. Vote by proxy: oath. 12. Oath of bank director: qualification. 13. Stock of voter hypothecated. PROVISIONS FOR THE FORMATION OF CORPORATIONS 14. How corporations formed: educational, moral, scientific, &c., societies: fire engines and hose companies, &c.: proviso. 15. Mechanics' institutes, co-operative stores, &c.: proviso. 16. Buying, selling, &c., land, &c. 17. Fire, life, marine, accident, cattle, &c.: insurance companies: proviso. 18. Homestead or building associations, &c.: odd-fellows, &c.: proviso: cemeteries. 19. Manufacturing, mechanical, &c. 20. Mining. 21. Ores of metals: proviso. 22. Marble, slate, &c., quarries. 23. Boring for, &c., petroleum, salt, &c. 24. Telegraph lines. 25. Ocean, steam, sail, or other ships, &c. 26. Inland steam, &c., ships, &c. 27. Forwarding or warehousing business, &c.: steamboats, wharves, &c. 28. Constructing, selling, &c., bridges, &c. 29. Saving institutions. 30. Gas light companies. 31. Turnpike, plank road and passenger railway companies. 32. Lines of stages and coaches. 33. Water. 34. Immigration. 35. For how many purposes one company may be incorporated. 36. United corporations: proviso. GENERAL REGULATIONS APPLICABLE TO ALL CORPORATIONS FORMED UNDER THIS ARTICLE. 37. The certificate: what it shall state. 38. Certificate to be submitted to judge. 39. Judge to certify: certificate to be recorded. 40. Incorporated. 41. Evidence of certificate, &c. 42. Alterations or amendments in charter. 43. Fees to clerks: to endorse date of recording. 44. Powers and general regulations. 45. Succession. 46. Sue and be sued. 47. Seal. 48. Purchase, hold, use, &c., property, &c. 49. President, officers, agents, &c. 50. By-laws. 51. Necessary corporate powers. 52. Stock, property and concerns, how managed: citizens: election of managers, &c., notice. 53. Votes of stockholders: voting shares of stock. 54. Vacancy among managers, &c. 55. Failure to elect. 56. Subscriptions to capital stock. 57. Books to show when property received for stock: money payment for stock. 58. Stock, personal property: transfers. 59. Liability of stockholders: when capital stock to be paid in. 60. Certificate of capital stock, &c.: to be recorded. 61. When no personal liability: when trust funds, &c., liable. 62. Dividends: when managers, &c., liable for all debts. 63. When managers, &c., not liable: certificate. 64. No loans to stockholders: liability: to what associations not applicable. 65. Demand, and calling in of subscriptions: penalty: notice. 66. Statements of affairs under oath: open to stockholders: penalty. 67. Book of stockholders' names: open to stockholders and creditors: penalty. 68. Annual statements of affairs under oath to be recorded in corporation's office. 69. How capital stock increased or diminished: corporation under special law. 70. Debts to be satisfied and reduced. 71. Notice of meeting to stockholders to increase, &c.: capital stock. 72. Two-thirds of shares of stock to be represented: to organize. 73. Certificate of capital paid in, &c.: to be recorded in office of clerk of court. 74. Corporations heretofore formed may be formed under this article: provisos: notice. 75. To determine the number of shares of capital stock: name of new corporation: certificate of incorporation: what to contain. 76. Certificate to be under oath: to be inspected, certified to and recorded: corporation completed: powers and privileges: property and debts of former corporation: liability of new corporation. 77. Subject to subsequent laws. UNIFORMED VOLUNTEER COMPANIES. 78. Militia, CEMETERIES. 79. Cemetery companies. 80. Lanes, streets, &c., through cemeteries. 81. Burial lots in cemeteries: exempt from execution, attachment, &c.: descent, devise or sale of. 82. Certificate of title under corporate seal. 83. Injuring, &c., tombs, monuments, &c.: fire-arms: penalty. HOMESTEAD OR BUILDING ASSOCIATIONS. 84. Corporation may limit shares: entrance fee: instalments: proviso. 85. Power to enforce payment of instalments or dues. 6. Bonus or assessment on new member or stockholder. 87. Power to advance: to purchase: security. 88. Payment of unpaid instalments to be secured by mortgages, &c.: exempt from taxation. 89. Member of corporation, competent witness. 90. Prior association merged in new corporation. 91. Trustee, &c., of association to assign to corporation: liabilities of association. 92. Corporations for loaning money on real or personal property. GAS LIGHT COMPANIES. 93. Gas light: gas conductors. WATER COMPANIES. 94. Water: power to lay pipes, &c.: proviso. 95. Power to condemn property. INSURANCE COMPANIES. 96. Capital stock: to be paid in. 97. Incorporation certificate of, insurance companies, other than life: what to contain: proviso: security companies. 98. Mutual or stock. 99. Life insurance or accident: annuities. 100. Life insurance: guarantee capital: securities to be deposited in state treasury: power to sell, &c., securities: interest and profits. 101. Insurance by married women: to whom payable. 102. Foreign companies: agents: certified copy of appointment to be recorded in clerk's office, superior court. 103. Certified copy of annual charter and statement to be recorded: what to contain: life insurance certificate, when to be filed: penalty against agents. 104. Insurance of property of minors and, married women. 105. Annual statement under oath to be published. 106. Foreign insurance companies to publish annual statements. TURNPIKE, PLANK ROAD AND PASSENGER RAILWAY COMPANIES. 107. How formed: power to change bed of county road: construction of road. 108. Report to county commissioners: duty of county commissioners. 109. Revision of toll rates: report of revenue and expenditures: rates of toll chargeable to be recorded in county commissioners' office, &c. 110. Report to comptroller: duty of governor toll-gates: annual report to comptroller. 111. Locating road through town or city. 112. Right of way. 113. Agreement for right of way: to be recorded. 114. Plat: to be recorded. 115. Neglect to repair road: petition to circuit court: jury: inquisition: confirmation by court: trial in court: quashing proceedings: judgment. 116. Right to charge tolls, when forfeited. 117. When road forfeited: to vest in county commissioners: transfer to new corporation. FOR THE ERECTION OF BRIDGES. 118 Bridges, how to be erected: consent of county commissioners. 119. Abutments, &c.: power to condemn property. 120. Report to county commissioners: duty of county commissioners: rates of toll: dividend. 121. Revision of toll rates: receipts and expenditures. 122. Report to comptroller: duty of gov. ernor. 123. Right to charge tolls: to be printed. 124. Bridge on navigable river. 125. Report to governor. 126. Neglect to repair bridges. FOR CONSTRUCTING, OWNING OR OPERATING TELEGRAPH LINES. 127. Telegraph companies, how incorporated. 128. Power to purchase. &c. 129. Power to construct telegraphic lines: provisos: postal roads, &c.: responsibility: damages: justices of the peace to issue: jurors. 130. Appraisement of loss or damage. 131. Inquisition: confirmation by court: valuation: easement. 132. Capital stock: extending lines, &c.: consolidated companies: certificate: to be recorded in office of clerk of court. 133. Dispatches: penalty: proviso: newspapers. 134. Injuring, &c., lines, posts, &c.: penalty. 135. Divulging contents of communications: penalty. 136. Injuring wires, posts, &c., by cutting timber near by: action for damages. 164. Plan or agreement to be recorded in office of clerk of court. 165. Amendment of plan. 166. Meetings of members: record book: rules and regulations. 167. Secession of part of congregation, &c. proviso: dues and debts. 168. Trustee to convey to corporation. 169. Protestant episcopal church. CONDEMNATION OF PROPERTY BY CORPORATIONS. 170. Power to condemn property: application to judge: warrant to sheriff: jury. 171. Inquest of damages. 172. Jurors' oath. 173. Inquisition: confirmation by court. 174. Description of property valuation : costs. 175. Compensation for private property: road on private property. PROCEEDINGS FOR PREVENTING AND CORRECTING ABUSES OF THE Power of CORPORATIONS, AND FOR THE FORFEITURE OF THEIR CHARTERS. 176. Legal proceedings against coporations: petition: rule to show cause. 177. Answer by corporation. 178. Pleadings. 179. Joinder of issue and trial: forfeiture of charter receivers. 180. Neglect to file answer: hearing ex parte. 181. Dismissal of petition: costs: orders: final decree. 182. Petition for forfeiture, where filed. 183. Appeal to court of appeals. 184. Power of governor: injunction: bill to restrain, where filed: power of court. DISSOLUTION OF CORPORATIONS. 185. Insolvent corporations, how proceeded against: not applicable to railroad company chartered by state. 186. Proceedings: bill for dissolution. 187. What bill to contain: exhibits: inventory of assets: capital stock and list of stockholders, &c.: incumbrances and creditors: statements to be made under oath. 188. Court to pass order to show cause: to be published: answer: evidence. 189. Decree to dissolve: receivers. 190. Powers and duties of receivers. 191. What sales, &c., void. 192. Liability of stockholders. 193. Trustees for creditors and stock. holders: their powers. 194. Depending suits. 195. Suits by receivers. 196. Abatement of suits. 197. Continuance of suits: final judgment. |