§ 237. Abandonment of portion of route by elevated railroad. Any\ncompany operating an elevated railroad or railroads in any city of this\nstate for the transportation of passengers, mails or freight, and which,\nprior to the twenty-ninth day of April, eighteen hundred and ninety-one,\nshall have built and operated six-tenths of its route as set forth and\nembodied in its articles of incorporation, may declare relinquished and\nabandoned any portion of its said route, which it may deem no longer\nnecessary for the successful operation of its road and the convenience\nof the public. Such declaration of abandonment to be valid shall be\nadopted by the board of directors, under the seal of such company, and\nshall be submitted to the stockholders thereof at a meeting called for\nthe purpos
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§ 237. Abandonment of portion of route by elevated railroad. Any\ncompany operating an elevated railroad or railroads in any city of this\nstate for the transportation of passengers, mails or freight, and which,\nprior to the twenty-ninth day of April, eighteen hundred and ninety-one,\nshall have built and operated six-tenths of its route as set forth and\nembodied in its articles of incorporation, may declare relinquished and\nabandoned any portion of its said route, which it may deem no longer\nnecessary for the successful operation of its road and the convenience\nof the public. Such declaration of abandonment to be valid shall be\nadopted by the board of directors, under the seal of such company, and\nshall be submitted to the stockholders thereof at a meeting called for\nthe purpose of taking the same into consideration. Due notice of the\ntime and place of holding said meeting and stating the object thereof\nshall be given by the company to its stockholders by written or printed\nnotices addressed to each of the persons in whose name the capital stock\nof the company stands on the books thereof, at the address of such\npersons as stated on the books, or as known to the secretary of the\ncompany, and delivered or mailed to such persons, or the legal\nrepresentatives of such persons, respectively, at least thirty days\nbefore the time of holding the meeting of such company, and also by a\ngeneral notice published daily for at least four weeks in some newspaper\nlast designated for the publication of the session laws or of judicial\nproceedings and legal notices in the county where the route of such\ncompany is located; and at the said meeting of stockholders the\ndeclaration of the said directors shall be considered and a vote by\nballot taken for the adoption or rejection of the same, each share\nentitling the holder thereof to one vote, and said ballots shall be cast\nin person or by proxy, and if two-thirds of all the votes of the\nstockholders cast in person or by proxy at said meeting shall be for the\nadoption of said declaration of abandonment, then that fact shall be\ncertified thereon by the secretary of the company under the seal\nthereof, and the declaration so adopted shall be submitted for approval\nto the commissioner of transportation, and if approved by him, such\napproval shall be indorsed thereon, and the said declaration so\ncertified and indorsed shall be filed and recorded in the office of the\nsecretary of state, and from the time of such filing such portion of\nsaid route designated in such declaration of such company shall be\ndeemed to be abandoned. A copy of such declaration of abandonment, duly\ncertified by the secretary of state under his official seal, shall be\npresumptive evidence in all courts and places of the facts which it\nrecites, and of the regularity of the proceedings resulting in such\nabandonment.\n