Session Laws, 1864 A. W. BRADFORD, ESQUIRE, GOVERNOR
AN ACT to incorporate the Union Mining Company of Allegany County.
SECTION 1. Be it enacted by the General Assembly of Maryland, That George W. McCulloh, F. A. Mason, Thomas H. Frost, C. M. Graham, John Neff, and such other persons as may become associated with them, in the manner hereinafter provided, shall be and they are hereby constituted a body politic and corporate, by the name of the Union Mining Company of Allegany County, and by that name shall have succession, and be able and capable to sue and be sued, to plead and be impleaded in any court whatever, and may have and use a common seal, and may alter and renew the same at pleasure, and the said body corporate shall have all the powers, faculties, franchises and rights necessary or proper for the mining of coal, iron ore, making coke, and for the beneficial management of its property, and for the transportation and vending of its coal and other proceeds, issues and products of its mines and property to market, and shall have power and authority to purchase, lease and hold any property, real, personal and mixed, which may be deemed by said company necessary for its purposes; provided, however, that said company shall not at any time actually hold, as owners thereof, more than five thousand acres of land.
Sec. 2. And be it enacted, that the capital of the said company shall be fifteen hundred thousand dollars, divided into fifteen thousand shares, of the par value of one hundred dollars each, and whenever five thousand shares shall have been actually subscribed the said company shall be authorized to organize and act as a body corporate.
Sec. 3. And be it further enacted, that for the purpose of obtaining subscriptions to the capital stock of said company books shall be opened, under the direction of the said George W. McCulloh, F. A. Mason, C. M. Graham, John Neff and Thomas H. Frost, or a majority of them, at such time or times, and at such place or places, and upon such notice as they may deem expedient, and in case said company shall organize and proceed to act as a corporate body, before the full number of shares shall have been subscribed, the President and Directors of said company shall have power and authority, at any time thereafter, and without opening anew books of subscription, to receive further subscriptions, from time to time, until the full number of shares shall have been subscribed, and payment may be made of the whole or any part of the subscriptions obtained or received as aforesaid, in lands or other property, or money, as may be agreed on, in case of subscriptions received by the said McCulloh, Mason, Frost, Graham and Neff, or a majority of them, between the respective subscribers and the said McCulloh, Mason, Frost, Graham and Neff, and in case of subscriptions received by the President and Directors between the respective subscribers and the said President and Directors.
Sec. 4. And be it further enacted, that in all meetings of the stockholders of the said company each share of stock shall entitle the holder thereof to one vote, to be given, in person, or by proxy; and said shares shall be considered as personal property, and shall be transferable in such manner as may be provided by the by-laws of said company.
Sec. 5. And be it further enacted, that the affairs of said company shall be managed by the persons named in the first section of this act, and who are hereby constituted Directors of said company until Directors shall be elected as hereinafter provided; and in case of the decease of any one or more of said persons, or in case of the refusal of any one or more of said persons to act as Directors the remaining persons shall have power to select other persons as Director's, for the time being, in their stead.
Sec 6. And be it further enacted, that whenever the said company shall be organized, before proceeding to the prosecution of its business, a general meeting of the stockholders thereof shall be held, at such time and place as the above named corporators shall appoint, and of which appointment notice shall be given for at least three weeks by advertisement, once a week, in a newspaper in Cumberland, or such other notice as the said corporators shall appoint; and that at such meeting a President and six Directors, all of whom shall be stockholders of said company, shall be chosen to serve for one year thereafter, and until the next election shall be held, and that annually thereafter, at such time and place as the President and Directors shall appoint, like previous notice being given, a general election of President and Directors shall be held for the succeeding year, and if, from any cause, it shall so happen that an election shall not be made on the appointed day the said company shall not be deemed, for that cause, to be dissolved, but such election may be afterwards made on any day which may be appointed for that purpose, by the President and Directors, for the time being, notice thereof being given, as aforesaid.
Sec. 7. And be it further enacted, that said company be, and the same is hereby invested with all and singular the rights, powers and authority which are necessary to enable it to locate, construct, and maintain such railroad or railroads, as the President and Directors may deem necessary for the convenient transaction of its business, beginning at or near the mines of said company, and running to the Cumberland and Pennsylvania railroad, or any branch thereof, or to any other railroad now made, or hereafter to be made, at a point nearest to paid mine or mines, by the most practicable route.
Sec. 8 And be it further enacted, that the said company in locating and constructing any railroad or railroads, authorized by this act, shall have the right, if they cannot agree with the owners of any land, earth, gravel, stone or materials wanted for the construction or repairs of such road or roads, for the purchase, use or occupation of the same, or if the owner or owners or any of them be a feme covert, under age, or non compos mentis, or out of the county, application may be made to any Justice of the Peace for Allegany county, who shall thereupon issue his warrant, under his hand and seal directed to the Sheriff of said county requiring him to summon a jury of twenty inhabitants of said county, not related to the parties, nor in any way interested, to meet on the said land or near to the other property, or materials to be valued, on a day named in said warrant, not less than ten nor more than twenty days, after the issuing of the same, and if at the same time and place, any of said jurors shall not attend, the Sheriff shall immediately summon as many jurors as may be necessary with those in attendance to furnish a panel of twenty jurors, and from them each party, or his or their agents, or if either be not present, in person or by agent, the Sheriff for him or them may strike off four jurors, and the remaining twelve shall act as the jury of inquest of damages, and before they act as such, the said Sheriff shall administer to each of them, an oath or affirmation, as the case may be, that he will justly and impartially, value the damages which the owner or owners of said land, earth, gravel, stone or other materials will sustain by the use or occupying thereof by said company, and if required by the parties whose lands are to be affected, by their proceedings, the jury shall cause to be summoned such witnesses, as the parties may require, and shall examine them on oath, in relation to the value of the property to be condemned, and they shall ascertain and determine the compensation which ought to be justly made by said company to the party, or parties owning, or interested in the Teal estate, or other property appraised by them, and in determining the amount of such compensation, the jury shall not make an. allowance or deduction, on account of any real or supposed benefits which the parties in interest may deprive from the construction of said railroad or railroad; the said jury shall reduce their inquisition to writing, and shall sign and seal the same, and it shall be returned by the Sheriff, to the Clerk of the Circuit Court for Allegany county, and by said Clerk, filed in his office, and shall be confirmed by the Court at its next session if no sufficient cause to the contrary be shown, and when confirmed, shall be recorded by the said Clerk at the expense of the said company; but if set aside, the said Court may direct another inquisition to be taken in the manner above prescribed, and such, inquisition shall describe the property taken, and the bounds of the land condemned, and the quantity or duration of interest in the same condemned for the company, and such valuation when paid into Court, or paid and tendered to the owner or owners of the said property, or to his, her or their legal-representatives, and not before, shall entitle the said company to the estate, use and interest, thus valued, as fully as if the same had been conveyed by the owner or owners thereof, and the valuation if not received when tendered, may at any time thereafter be received from the said company without costs by said owner or owners or their legal representatives.
Sec. 9. And be it further enacted, that nothing herein contained shall be construed to give to the said Company, banking privileges; and the Legislature hereby receives the light to alter, amend or repeal the charter hereby created
Sec 10. And be it further enacted, that this act shall take effect from the date of its passage.
Passed Mar. 10, 1864.
Maryland State Archives Volume 531, Pages 463 to 467
Session Laws, 1929 ALBERT C. RITCHIE, GOVERNOR.
AN ACT to amend the Charter of the Union Mining Company of Allegany County, as incorporated by Chapter 337 of the Acts of 1864 of the General Assembly of Maryland, by removing the limitation therein upon the amount of land to be held by said corporation.
SECTION 1. Be it enacted by the General Assembly of Maryland, That Section 1 of Chapter 337 of the Acts of 1864 of the General Assembly of Maryland, entitled "An Act to incorporate the Union Mining Company of Allegany County, " is hereby amended by striking out the last clause thereof which reads "provided, however, that said company shall not at any time actually hold, as owners thereof, more than five thousand acres of land, " so that said Section 1 when amended shall read as follows:
1. That George W. McCulloh, F. A. Mason, Thomas H. Frost, C. M. Graham, John Neff, and such other persons as may become associated with them, in the manner hereinafter provided, shall be and they are hereby constituted a body politic and corporate, by the name of the Union Mining Company of Allegany County, and by that name shall have succession, and be able and capable to sue and be sued, to plead and be impleaded in any court whatever, and at pleasure, and the said body corporate shall have all the powers, faculties, franchises and rights necessary or proper for the mining of coal, iron ore, making coke, and for the beneficial management of its property, and for the transportation and vending of its coal and other proceeds, issues and products of its mines and property to market, and shall have power and authority to purchase, lease and hold any property, real, personal and mixed, which may be deemed by said company necessary for its purposes.
SEC. 2. And be it further enacted, that said corporation may continue to own, hold and use all property now or hereafter owned by it as fully and to the same extent as though said limitation had not been contained in its charter.
SEC. 3. And be it further enacted, that this Act shall take effect June 1st, 1929.
Approved April 11, 1929.
Maryland State Archives Volume 572, Pages 1266 and 1267