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1876.] OF THE HOUSE OF DELEGATES. 1579
per share was required to be paid upon each share of the capi-
tal stock of the Company, and the residue in such instalments
as the Board of Directors from time to time might require
Every stockholder of the Company was put upon an equality
in relation to the payments to be made on their respective
shares of stock.
On the 3rd day of January, 1873, the County Commission-
ers of St. Mary's county, (as authorized by the Act of 1868,
chapter 454,) passed a resalution, recommending the State
Treasurer to subscribe "to the capital stock of the Southern
Maryland Railroad Company, to the above amount of $163,-
000, in pursuance of aaid Act." Messrs. Asa A. Lawrence
and A. C. Tennison, both County Commissioners of St.
Mary's county, at the date of the recommendation testified
that the said County Commissioners were induced to make
this recommendation from the fact that the Souihern Mary-
land Railroad Company was then at work upon its road;
that Samuel S. Smoot represented his ability to construct it,
and further, because under the safeguards of the Act of
1868, chapter 454, the Comptroller and Treasurer of the
State were lodged with the discretion to see that the provis-
ions of said Act should be complied with before any money
could be drawn from the State Treasury. The provisoins of
the Act of 1868, chapter 454, are plain and unequivocal.
The subscription could be made by the State Treasurer only
upon his being satisfied that bona fide, subscriptions to the
capital stock of the Company by others than the State of
Maryland, had been actually made to the amount of one
hundred and seventy-three thousand dollars. The following
is the language of the Act: "And as soon as it shall ap-
pear to the Treasurer of this State, by the affidavit of the
President of any Railroad Company now chartered, or which
may hereafter be chartered in such counties respectively,
that bona fide subscriptions to the capital stock of any such
Company, equal in amount to the sum by this Act, au-
thorized and directed to bs given to such county, shall be
actually made either in land or money, the Treasurer of this
State shall be, and he is hereby authorized and requi red in
the name and behalf of the State, upon the recommendation
of the County Commissioners of said county, making such
application to subscribe for so many shares of the capital
stock of the Company, as shall amount to the sum, which,
by this Act is distributed and applied to said county;"
So that the County Commissioners had a right to presume
that the State Treasurer would require satisfactory evidence,
that bona fide subscriptions equal to the proposed State sub-
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