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1570 JOURNAL OF PROCEEDINGS [Apl. 3,
On the 22d of October, 1872, the affidavit of Mr. S. S.
Smoot, President of said Railroad Company, dated at Wash-
ington city, D. C,, Oct. 19, 1872, was received, stating that
bona fide subscription to the capital stock of said Company,
equal in amount to the sum authorized by the Act of March
30th, 1868, had been made in money, and that said Company
would be entitled to the benefits of said Act as soon as the
recommendations of the Commissioners of St. Mary's county
should be filed in the office of the Treasurer. On the 7th of
January, 1873, a certificate dated January 3rd, 1873, was
received from the Commissioners of St. Mary's county of the
passage of an order by them, recommending the Treasurer f
Maryland to subscribe on behalf of the State to the capital
stock of the Southern Maryland Railroad Company, in pur-
suance of the Act of March 30, 1868, chap. 454; received at
the same time a opy of an order passed by Judges Brent,
Magruder and Ford, of the St. Mary's County Circuit Court,
on the 28th of December, 1872, to the effect, that an injunc-
tion "heretofore granted in the case of the Washington City
and Point Lookout Railroad Company vs. the County Com-
missioners of St. Mary's county b«, and is hereby dissolved."
On the 4th of Jan., 1873, a certificate was received from the
clerk of St. Mary's Court, dated January 3, 1873, stating, that
an appeal bond signed by Messrs. S. T. Suit, D. S. Walker and
H. Eugene Brooke, and approved by his Honor, Judge Ford,
had been filed in the case of tho Washington City and
Point Lookout Railroad Company, vs. County Commissioners
of St. Mary's county. On the same day notice was received
irom the Counsel of the Washington City and Point Look-
out Railroad Company, that the order of the County Com-
missioners of St. Mary's county, recommending the State
subscription to be made to the Southern Maryland Railroad
Company, was regarded by them as null and void, though
the injunction had been dissolved, that they had prayed for
an appeal, filed the necessary affidavits and bond, and that
the appeal had been granted. There was next received and
filed in the State Treasurer's Office a communication dated
at Washington, D. C,, on the 21st of January, 1873, signed
by Mr. S. T. Suit, President of the Washington City and
Point Lookout Railroad Company, and D. S. Walker, Secre-
tary, and bearing the seal of the Company, notifying the
Treasurer that said Company had directed the dismissal of
the appeal in the case against the Commissioners of St.
Mary's county, from the order of the Circuit Court of St.
Mary's county, and enclosing a copy of said order. And
that further, they withdrew their protest against the order
of said Commissioners, recommending that the State's sub-
scription be made to the Southern Maryland Railroad Coin-
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