SEC. 2. And be it enacted, That the capital stock of the
said Cumberland and Pennsylvania Railroad Company shall
be one million of dollars, in shares of one hundred dollars
each, and that as soon as five thousand shares of the capital
stock shall be subscribed, the subscribers of the said stock,
their successors and assigns, shall be, and they are hereby
declared incorporated into a company, by the name of the
Cumberland and Pennsylvania Railroad Company, and by
that name shall be capable in law of purchasing, holding,
leasing, selling and conveying estates, real, personal and
mixed, so far as shall be neceesary for the purposes hereinaf-
ter mentioned, and no further, and shall have perpetual suc-
cession, and by said corporate name, may sue and be sued,
and may have and use a common seal, which they shall have
power to alter or renew at their pleasure, and shall have, and
enjoy, and may exercise all the powers, rights aad privileges,
which other corporate bodies may lawfully do for the purposes
mentioned in this act.

SEC 3. And be it enacted, That upon every such subscrip-
tion there shall be paid, at the time of subscribing to the said
commissioners or to their agents appointed to receive such
subscriptions, the sum of one dollar on every share subscribed,
and the residue thereof shall be paid in such instalments, and
at such times as may be required by the President and Direc-
tors of said company; provided, that not more than one-third
of the subscription be demanded in any one year from the
commencement of the work, nor any payment demanded until
at least sixty days public notice of such demand shall have
been given by the said President and Directors, and if any
subscriber shall fail, or neglect to pay any instalment, or part
of said subscription thus demanded", for the space of sixty
days next after the time the same shall be due and payable,
the stock on which it is demanded shall be forfeited to the
company, and may be sold by the President and Directors for
the benefit of the company, but the President and Directors
may remit any such forfeiture, on such terms as they shall
deem proper.

Sec. 4. And be it enacted, That if onethousand shares of said
capital shall not be subscribed within five years after the first
opening of the subscription books by the said Commissioners,
this act and all the subscriptions under it, shall be null and
void, and the said Commissioners, after discharging the ex-
penses of opening the books, shall return the residue of the
money paid in upon such subscriptions, to the several sub-
scribers in proper proportions to the sums respectively paid
in by them.

Sec. 5. And be it enacted, That at the expiration of the

tea days for which the books are first opened, if five thousand

shares of said capital stock shall have been subscribed, or if

not, as soon thereafter as the same be subscribed, if within

2