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1876.] OF THE HOUSE OF DELEGATES. 1571
pany, and consent that said subscription of $163,000 be
made to that Company."
There was also received on 28 January, 1873, a certificate
dated 27 January, 1873, from the Clerk of the St. Mary's
County Court, that said appeal had been dismissed. On
said 28 January, 18T3, the subscription to the capital stock
of the Southern Maryland Railroad Company, as directed by
the Act of March 30, 1868, was made by the State Treasurer,
and certificate thereof delivered to the officers of said Com-
pany. On February 5,1873, there was received from the
County Commissioners of St. Mary's county, a recommenda-
tion, bearing date February 3, 1873, that the Treasurer of
the State of Maryland pay over to the Southern Maryland
Railroad Company, the second and third instalments now
due on each share of the capital stock of said Company
heretofore subscribed as per order of January 3, 1873, the
amount of said instalments being fifty per centum on each
share subscribed as aforesaid On February 5, 1873, the
President, Treasurer and Secretary of the Southern Mary-
land Railroad Company, presented affidavits to the effect
that fifty per centum on each share of the capital stock had
been duly paid to the Treasurer of said Company. On
February 6th, 1873, there was presented a second affidavit of
the same officers that fifty per centum, amounting to
$500,000, had actually been paid in.
I would add that all the papers referred to in the fore-
going statement, and on which it is wholly founded, are on
file in the office of the State Treasurer. It is proper here to
say that my duty under the Act of 1868, chap. 454, was very
simple. I was required under certain circumstances to sub-
scribe to the capital stock of certain Railroad Companies, and
subsequently under other circumstances likewise designated
in the Act, to pay the investments on the capital stock of
such Companies as I might so subscribe to. As a condition
precedent to my subscribing, the law required that it should
appear to me as Treasurer, by the affidavits of any Railroad
Company applying, that bona fide subscriptions had been ac-
tually made in land or money to its capital stock to an amount
equal to the sum which the Act authorized to be given by
the State. It was further provided that I should not pay a
larger sum at any time than should have been actually sub-
scribed and paid theretofore by other subscribers to the capi-
tal stock of said Company. No mode was provided by the
Act in which the fact of the payment of such other subscrip-
tion should be ascertained, and I consequently was guided
upon that point by the sort of proof whichthe act required
to establish the fact of the subscription itself, viz: the affi-
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