terials are necessary and proper for the use of such corporation, for the due exercise and enjoyment of its corporate privileges. Inquisition. 177. The jury shall reduce their inquisition to writing, and shall Id. s. 173. sign and seal the same, and it shall then be returned by the said sheriff to the clerk of the Circuit Court of his county, or the clerk of the Superior Court of Baltimore City, as the case may be; and if no sufficient cause to the contrary be shown, the said inquisition shall thereupon be confirmed by the said court, at such time and Confirmation after such notice as shall be fixed by its rules, and when confirmed shall be recorded by said clerk at the expense of said corporation ; but if set aside, or if the jury shall fail to agree, the said court may direct another inquisition to be taken in the manner above prescribed, and like proceedings may be had until an inquisition in reference to said condemnation shall be confirmed. by court. Description 178. Every such inquisition shall describe the property taken, Id. s. 174. or the bounds of the land condemned, and the quantity or duration of property. or interest in the same valued for the corporation, aud such valuation, when paid or tendered to the owner of said property, or his legal representative, after confirmation thereof, or when the same shall be paid into court under such regulations as the court by which the said inquisition shall have been confirmed shall prescribe, shall entitle the said company to the estate and interest in the same thus valued, as fully as if it had been conveyed by the owner of the same, and the valuation, if not received when tendered, may at any time Valuation. hereafter be received from said corporation without costs, by the said owner or his legal representatives, and all fees or per diem to costs. which any sheriff, clerk, juror, or other officer, shall be entitled, for any service required of him under the aforesaid proceedings for condemnation, shall be paid by the corporation causing the same to be instituted. Compensation 179. Nothing herein contained shall authorize any incorporated Ia. s. 175. company to take or use private property without just compensation, for private as agreed upon with the owner, or awarded by a jury, having been property. first paid or tendered to the parties entitled thereto, or paid into a court, after inquisition confirmed, as provided for in the preceding section; and nothing herein contained shall authorize the location of any road on private property without consent of the owners or the decision of the county commissioners upon due hearing as now prescribed by law for opening or altering public roads. Road on private property. WHAT CORPORATIONS SUBJECT TO THIS ARTICLE. Id. s. 216. article appli How far this cable to all 180. All corporations heretofore formed under the general laws of this State relating to corporations, or under any special law, are hereby declared to be entitled to the benefit of, and be subject to, corporations. all the regulations in this article contained for the government of 32 Md. 1873 the corporation herein referred to, so far as the same be applicable 168; 46 Md. 9. to said several corporations heretofore formed as aforesaid; and Md. 365; 39 Md. shall also have the benefit and be subject to the processes, remedies, or proceedings authorized by this article, or by any other article or part of an article of this code, to be taken by or against the corporations herein referred to, so far as the same may be applicable to the several corporations heretofore formed as aforesaid. 1876, c. 367. Power to levy taxes to pay judgments. 46 Md. 500. MUNICIPAL CORPORATIONS. 181. Any municipal corporation in this State, against which there is a judgment in any court of law in this State, shall have power to levy a sum of money upon the assessable property of such municipality sufficient to pay such judgments. 1876, c. 242, s. 2. Number of incorporators. Id. s. 3. Certificate, what it shall state. 41 Md. 583. 2. Certificate; what it shall state; to be sub- 3. Incorporated; powers and restrictions. 5. Value of shares; shares personal property. 7. Unpaid instalment of stock, how collected; 8. Increase of capital stock. 9. Books opened for subscription to capital 11. Change of location or grade of road; pro- 12. Agreement of municipal authorities to use 13. Rates for transportation. 15. Power to acquire adjacent lands; deeds, 16. Construction of railroad across road or stream. 17. Principal office. 18. Sign to be erected at crossing of public road. 19. Annual report to comptroller; comptroller to make abstract copy of report to General Assembly. 20. Crossing canal or navigable water; proviso. 21. Consolidating with, etc., any other railroad company, without authority from the General Assembly, prohibited. 22. Length of time trains are to stop at stations; penalty for violation; presumption of liability. 23. Use of track by connecting road. 1. Any number of natural persons, not less than five, three of whom shall be citizens of Maryland, may become a body corporate, with all the rights, privileges and powers conferred by and subject to all the restrictions of this article. 2. Any number of persons as aforesaid, associating to form a company for the purpose of constructing or operating a railroad, shall under their hands and seals make a certificate which shall specify as follows: first, the name assumed by such company and by which it shall be known; second, the names of the places of the termini of said road, and the county or counties, city or cities through which such road shall pass; third, the amount of capital stock necessary to construct such road; such certificate shall be acknowledged before a justice of the peace and certified by the clerk of the Circuit Court of any county through which the road passes, and when said certificate is executed, it shall be the duty of the persons executing the same to submit it to one of the judges of the To be submitted judicial circuit within which the county where it was acknowledged to judge. may lie, or to one of the judges of the Supreme Bench of Baltimore City, if acknowledged in said city, in order that the said judge may determine whether said certificate is in conformity with the law, and if the said judge shall so determine he shall certify Judge to certify. his said determination upon the said certificate, which shall be forwarded to the secretary of state, who shall record and carefully pre- Certificate serve the same in his office, and a copy thereof, duly certified by the secretary of state, under the great seal of the State of Maryland, shall be evidence of the existence of such company. to be recorded. Incorporated. restrictions. 3. When the foregoing provisions have been complied with, the Id. s. 4. persons named as corporators in said certificate are hereby authorized to carry into effect the objects named in said certificate in accordance with the provisions of this act; and they and their associates, successors and assigns, by the name and style provided in said certificate, shall thereafter be deemed a body corporate with succession, with the power to sue and be sued, plead and be im- Powers and pleaded, defend and be defended, contract and be contracted with, acquire and convey at pleasure, all such real and personal estate, as may be necessary and convenient to carry into effect the objects of the incorporation, to make and use a common seal and the same to alter at pleasure, and do all needful acts to carry into effect the objects for which it was created; and such company shall possess all the powers and be subject to all rules and restrictions provided by this act. "be constructed. 4. Said corporations shall be authorized to construct and main- Id. s. 5. tain a railroad with a single or double track, with such side-tracks, Where road to turn-outs, offices, and depots, as they may deem necessary between the points named in the certificate, commencing at or within and extending to or into any town, city, or village named as the place of the termini of such road, and construct branches from the main line to other towns or place within the limits of any county through which said road may pass. 5. The capital stock of such company shall be divided into shares Ia. s. 6. of fifty dollars each, and consist of such sum as may be named in Value of shares. the certificates; such shares shall be regarded as personal property, Shares, pershall be subject to execution at law, and to taxation as other per- sonal property. sonal property. shares. 6. An instalment of five dollars, in actual cash, on each share of Id. s. 7. stock, shall be payable at the time of making the subscription, and Payment of the residue thereof shall be paid in such instalments, and at such 41 Md. 593. times and places, and to such persons, as may be required by the directors of such company. Id. s. 8. 7. 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 subscriber, the same 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 givNotice of sale. ing thirty days' public notice of the time and place of sale, in some newspaper in general circulation in the county where such delinquent stockholders reside, at the time of making such subscription, or becoming such assignee or transferee, or of his actual residence 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 of fice 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; 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. Id. s. 9. Increase of capital stock. Id. s. 10. Books opened for subscrip stock. Election of directors. 8. Whenever any railway company, heretofore incorporated or created and incorporated under the provisions of this act, 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 the capital 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. 9. The persons named in said certificate of the corporation or any three of them, shall be authorized to order books to be opened tions to capital 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 time fixed for the annual election, and until their successors are chosen and qualified. At the time and place appointed, directors shall be chosen by ballot, by such of the stockholders as shall attend for that purpose, either in person or by lawful proxies; each share shall entitle the owner to one vote, and a plurality of votes shall be necessary for a choice; but after the first election of directors no person shall vote on any share on which any instalment is due and unpaid; the persons named in such certificate, or such of them as may be present, shall be inspectors of such election, and shall certify what persons are elected directors, and appoint the time and place for holding their first meeting; a majority of said directors shall form a board, and be competent to fill vacancies in their board, make by-laws, and transact all business of the corporation; a new election shall be an Powers and duties of same. chosen. Purchase of ling or unable nually held for directors, at such time and place as the stockholders at their first meeting shall determine, or as the by-laws of the corporation may require; and the directors chosen at any election shall, so soon thereafter as may be convenient, choose one of their number to be president, and shall each take an oath or affirmation faithfully President to discharge his duties, and they shall, from time to time, make such dividends of the profits of said company as they may think proper. 10. The said president and directors, or their agent or agents, Ia. s. 11. authorized by them, may agree with the owner or owners of any land, improveland, earth, gravel, stone, timber, streams, or materials, or any im- ments, etc. provements which may be wanted for the proper construction or repair of any said roads, or any of their works, for the purchase, and use, and occupation, or diversion of the same; and if they cannot agree, or if the owner or owners of any of them be an infant, feme owner unwil covert, who is not possessed of the property to her sole and separate c use, or authorized to contract in reference to the same, non compos mentis, or out of the county, where such property wanted may lie, when such property may be wanted, or for any other cause be legally incapable of contracting, application may be made by the said company to any justice of the peace of such county, who shall thereupon Condemnation issue his warrant, under his hand and seal, to the sheriff of the proceedings. county, requiring him to summon a jury of twenty of the inhabitants of said county, above the age of twenty-one years, and qualified to act as jurors under the laws of this State, not related to the parties, nor in any wise interested, to meet on the lands, or near the materials, or other property wanted, on a day named in said warrant, not less than ten nor more than twenty days after issuing the same; and if at said time and place, any of the said jurors summoned do not attend, the sheriff shall immediately summon as many persons similarly qualified as together with those in attendance shall make up twenty, and from the panel, each party, his, her, its, or their agent or attorney; or if either party be not present in person or by agent, or being present in person or by agent, refuse to strike, the sheriff for him, her, it, or them, may strike off eight persons, and the remaining twelve shall act as the jury of the inquest of damages, and to each, before he acts as such juror, the sheriff shall administer an oath or affirmation that he will justly and impartially value the damages which the owner or owners will sustain by the use and occupation of the property required by the said company, and the said jury shall reduce their inquisition to writing, and sign and seal the same, and it shall then be returned by the sheriff to the clerk of the Circuit Court for his county, and be filed by said clerk in his office, and shall be confirmed by said court at its next term or session, if no sufficient cause to the contrary be shown, and when confirmed, shall be recorded by said clerk at the expense of the company; but if the same be set aside, the said court shall direct another inquisition to be taken, in the manner above described, and in case the second, or any other inquisition which is confirmed by the court, |