270

LAWS OF MARYLAND.

Capital stock.

SEC. 3. And be it enacted, That the capital stock
of said company shall consist of shares of fifty dollars
each, and that James Percy, J. Philip Roman, John
Swan and David Percy, or a majority of them, may at
such times, and places as they may deem expedient,
open books of subscription therefor, and receive pay-
ment for the same in money or in land the price or
value of the land to be fixed by agreement between the
parties authorised to open the books of subscription and
the subscriber or subscribers for the shares of slock, and
the president and directors for the time being, may from
time to time increase the capital stock as such increase

Provisoes.

may in their opinion become necessary; Provided, the
same shall at no time exceed fifteen thousand shares
over and above the estimated value of the lands of the
company, and the shares of the said company shall be
deemed and held to be personal property, and assigna-
ble on the books of the company, or transferred in such
manner as the by-laws may direct; and provided fur-
ther, that the lands held by said company in payment
for subscriptions or by purchase as aforesaid, shall at no
time exceed fifteen hundred acres; and provided fur-
ther, that the lands held by the said company in pay-
ment for subscriptions or by purchase, as aforesaid, shall
be all lying and being in Allegany county.

Condemnation
of land, &c.

SEC. 4. And be it enacted, That the said company
shall have the right and power to lay out, construct
and keep in repair such railway or railways as they
may, deem expedient for the purposes of the corporation,
within the limits of Allegany county; and may con-
struct and keep in repair any railway or railways re-
quired to connect their lands and mines with the Balti-
more and Ohio rail road; and the said company shall
have the right, if they cannot agree with the owners of
any land, earth, gravel, stone or materials wanted for
the construction or repair of their roads, for the pur-
chase, use or occupation of the same, or if the owner or
owners, or any of them, be a feme covert, under age,
non compos mentis, or out of the country, application
may be made to any justice of the peace for Allegany
county, who shall thereupon issue his warrant under
his hand and seal, directed to the sheriff of said county,
requiring him to summons a jury of twenty inhabitants
of said county, not related to the parlies, nor in any-
wise interested, to meet on the land or near to the
other property or materials to be valued, on a day named
in said warrant, not less than ten nor more than twenty
days after the issuing of the same; and if at the same