JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 179

them, and if "any of said commissioners shall die or
refuse to act during the continuance of the duties
devolved upon them by this act, others may be ap-
pointed in their stead by the remaining commission-
ers or a majority of them.

SEC. 2. And be it enacted, That the capital stock of the Elkton and Delaware Junction Railroad Com- pany shall be two hundred and fifty thousand dollars in shares of one hundred dollars each, which said capital stock may be increased at the discretion of the commissioners, or the directors to be appointed as hereinafter provided for, to any amount not ex- ceeding four hundred thousand dollars, and as soon as five hundred shares of the capital stock shall be subscribed, the subscribers of the said stock their suc-	Capital stock.
cessors and assigns shall be, and they are hereby de- clared to be incorporated into a company by the name of the Elkton and Delaware Junction Railroad Com- pany, and by that name shall be capable in law of pur- chasing, holding, selling, 'leasing and conveying es- tates, real, personal and mixed, so far as shall be ne- cessary for the purposes hereinafter mentioned and no further, and shall have perpetual succession by said corporation, and may sue and be sued, plead and be impleaded, answer and defend in any court in this State, and may have and use a common seal, which they shall have power to alter or renew at their plea- sure, and shall have, enjoy and may exercise all the powers, rights and privileges which are necessary for the purposes mentioned in this act.	Incorporated.
SEC. 3. And be it enacted, That upon every such subscription there shall be paid to the said commis- sioners, or their agents appointed to receive such sub- scriptions, such instalments as the president and directors of said railroad hereinafter directed to be	Instalments.
appointed shall require; provided, that no payment shall be demanded, until at least twenty days public notice shall have been given in some newspaper pub- lished in the town of Elkton, and one newspaper in Baltimore city, and should any subscriber fail or ne- glect to pay any instalment, or any part of said sub- scriptions thus demanded, for the space of sixty days, next after the time the same shall be due and payable,	Proviso.