642 CORPORATIONS. [ART. 23

1888, art. 23, sec. 164. 1876, ch 242, sec. 8.

248. If any instalment of stock shall remain unpaid for
sixty days after the time it may be required, whether such
stock is held by any assignee, transferee or the original sub-
scriber, said instalment may be collected by action of debt, or
the directors may sell the stock so unpaid, at public auction,
for the instalment then due thereon, first giving thirty days'
public notice of the time and place of sale, in some newspaper
in general circulation in the county where such delinquent
stockholder resides, at the time of making such subscription,
or becoming such assignee or transferee, or of his actual resi-
dence at the time of said sale; or if such stockholder reside
out of the State, such publication shall be made in the county
where the principal office of the company is located; and if
any residue of money shall remain after paying the amount
due on said stock, the same shall on demand be paid over to
the owner; and if the whole of said instalment be not paid by
such sale, the remainder shall be recoverable by an action of
debt against the subscriber, assignee or transferee.

Ibid, sec 165. 1876, ch. 242, sec. 9.

249- Whenever any railroad company, heretofore incorpor-
ated or created and incorporated under the provisions of this
article, shall, in the opinion of the directors thereof, require an
increased amount of capital stock, they shall, if authorized by
the holders of three-fourths of all of the stock, file with the
comptroller of the State, a certificate setting forth the amount
of such desired increase, and thereafter such company shall be
entitled to have such increased capital as is fixed by said
certificate.

Ibid. sec. 166. 1876, ch. 242, sec. 10.

250. The persons named in said certificate of incorporation,
or any three of them, shall be authorized to order books to be
opened for receiving subscriptions to the capital stock of said
company, at such time or times, and at such place or places as
they may deem expedient, after having given at least thirty
days' notice, in a newspaper published or generally circulated
in one or more counties where books of subscription are to be
opened, of the time and place of opening books; and so soon
as ten per centum on the capital stock shall be subscribed,
they may give like notice for the stockholders to meet at such
time and place as they may designate, for the purpose of
choosing seven directors, who shall continue in office until the