874 ARTICLE 23

second, the name of the places of the termini of said road, and the county
or counties, city or cities, through which such road shall pass; third, the
amount of capital stock necessary to construct such road; such certificate
shall be acknowledged before a justice of the peace, and certified by the
clerk of the circuit, court for any county through which the road passes;
and when said certificate is executed, it shall be the duty of the persons
executing the same to submit it to one of the judges of the judicial circuit
within which the county where it was acknowledged may lie, or to one of
the judges of the supreme bench of Baltimore City, if acknowledged in said
city, in order that the said judge may determine whether said certificate is
in conformity with the law; and if the said judge shall so determine, he
shall certify his said determination upon the said certificate, which shall
be forwarded to the secretary of state, who shall record and carefully pre-
serve the same in his office; and a copy thereof, duly certified by the secre-
tary of state, under the great seal of the State of Maryland, shall be evi-
dence of the existence of such company.

Under this section and sec. 200 and prior decisions, the termini must be fixed in
this state with reasonable certainty; the naming of two cities outside of the state as
the termini not ordinarily sufficient; if, however, it is proved that a road running from
Washington, D. C., to Gettysburg, Pa., through the counties and at or near the towns
mentioned in the company's charter, will cross the Maryland lines within such distance
that the points of crossing can be said to be fixed with reasonable certainty, such points
may be treated as the termini in Maryland. If it be shown that the lines of Wash-
ington and of the District of Columbia are co-extensive, that is sufficient for the
southerly terminus. Mention of incorporated towns or villages; object of the second
provision of this section. Provision of charter re. capital stock. Objection which may
not be raised by appellant. See notes to sec. 211, and to art. 33A, secs. 1 and 4. Hyatts-
ville v. Washington, etc., R. Co., 120 Md. 130; Hyattsville v. Washington, etc., R. Co.,
122 Md. 660; Ibid., 124 Md. 578.

The termini of a railroad held to be designated in its charter with reasonable cer-
tainty. Union R. R. Co. v. Canton R. R. Co., 105 Md. 16; Piedmont, etc., Ry. Co. v.
Speelman, 67 Md. 270. Cf. Koch v. North Ave. R. R. Co., 75 Md. 225. And see Hyatts-
ville v. Washington, etc., R. Co., 120 Md. 132; Ibid., 122 Md. 660; Ibid., 124 Md. 578.

The precise route between the termini must to a great extent be left to the discretion
of the company; it is practically impossible to definitely locate precise route before
the company is incorporated. Termini sufficiently designated. When a corporation is
formed under the general law, no further proof is required to show that the incorpora-
tors have accepted the charter than their compliance with the provisions of the statute.
Questions of the sufficiency of the description of the termini in the charter, of the exis-
tence of the corporation, etc., are for the court; jury trial properly denied. Hyattsville
v. Washington, etc., R. Co., 122 Md. 668.

An. Code, 1924, sec. 196. 1912, sec. 262. 1904, sec. 244. 1888, sec. 160. 1876, ch. 242, sec. 4.

199. When the foregoing provisions have been complied with, the
persons named as corporators in said certificate are hereby authorized to
carry into effect the objects named in said certificate, in accordance with
the provisions of this article; and they and their associates, successors and
assigns, by the name and style provided in said certificate, shall thereafter
be deemed a body corporate, with succession, with power to sue and be sued,
plead and be impleaded, defend and be defended, contract and be con-
tracted with, acquire and convey at pleasure, all such real and personal
estate as may be necessary and convenient to carry into effect the objects of
the incorporation; to make and use a common seal, and the same to alter at
pleasure, and do all needful acts to carry into effect the objects for which
it was created; and such company shall possess all the powers and be subject
to all the rules and restrictions provided by this article.
See notes to sec. 198.

An. Code, 1924, sec. 197. 1912, sec. 263. 1904, sec. 245. 1888, sec. 161. 1876, ch. 242, sec. 5.

200. Said corporations shall be authorized to construct and maintain
a railroad with a single or double track, with such side-tracks, turn-outs,