age or classes, have the power and authority following: 1. To retain male and female children legally committed or confided to them until the age of twenty-one years, and to discharge such children absolutely before attaining said age whenever the managers of such institutions shall deem such discharge to be beneficial to such children. 2. To permit the return of such children to their parents or other relatives or to place them out in suitable homes without relinquishing absolutely the custody, control and supervision of the managers, and a record is to be kept of the time of placing out, name and residence of persons with whom placed, and terms and conditions of placing out, and it is the duty of the managers to cause every child so placed out to be visited not less than once in six months, in order to inquire into his or her welfare until he or she shall attain the age of twenty-one years; and the managers may require the return to the institution of any child under twenty-one years of age so placed with parents or relatives or in other homes, whenever they shall deem that the welfare of the child requires such return. 3. To exercise parental authority and control over such children, and make needful provisions as to their care, maintenance and education. 4. To procure the commitment of such children in cases of necessity to reformatory institutions.

Municipal Corporations.

1888, art. 23, sec. 157. 1876, ch. 367.

241. Any municipal corporation in this State, against which there is a judgment or decree in any court of law or equity in this State, shall have power to levy a sum of money upon the assessable property of such municipality sufficient to pay such judgments.

Watts v. Port Deposit, 46 Md. 500. Darling v. M. & C. C. of Balto., 51 Md. 2.

Railroad Companies.

Ibid. sec. 158. 1876, ch. 242.

242. 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 Sections 242 to 300 of this Article.

Ibid. sec. 159. 1876, ch. 242, sec. 3.

243. 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 name 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 for 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 judicial circuit within which the county where it was acknowledged 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 his said determination upon the said certificate, which shall be forwarded to the Secretary of State, who shall record and carefully preserve 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.

Penna. R. R. Co. v. Consolidation Coal Co., 55 Md. 160, 174. C. & P. R. R. Co. v. Penna. R. R. Co., 57 Md. 280. Koch v. North Ave. Ry. Co., 75 Md. 224.

244. When the foregoing provisions have been complied with, the 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 article; and they and their associates, successors and assigns, by the name and style provided in said certificate, shall thereafter be

Art. 23, sec. 243-Termini need not be at or in a city, town or village. Union Railway Co. v. Canton Railroad Co., 105 Md. 12.

deemed a body corporate, with succession, with power to sue and be sued, plead and be impleaded, 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 the rules and restrictions provided by this article.

Ibid. sec. 161. 1876, ch. 242, sec. 5.

245. Said corporations shall be authorized to construct and maintain a railroad with a single or double track, with such side-tracks, 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 termini of such road, and construct branches from the main line to other towns or places within the limits of any county through which said road may pass.

Ibid. sec. 162. 1876, ch. 242, sec. 6.

246. The capital stock of such company shall be divided into shares of fifty dollars each, and consist of such sum as may be named in the certificates; such shares shall be regarded as personal property, shall be subject to execution at law, and to taxation as other personal property.

Ibid. sec. 163. 1876, ch. 242, sec. 7.

247. An instalment of five dollars, in actual cash, on each share of stock, shall be payable at the time of making the subscription, and the residue thereof shall be paid in such instalments, and at such times and places, and to such persons, as may be required by the directors of such company.

Webb v. Eastern Shore R. R. Co., 77 Md. 93.

248.

1888, art. 23, sec. 164. 1876, ch. 242, sec. 8.

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 orginal subscriber, said instalment 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 giving thirty days' public notice of the time and place of sale, in some newspaper in general circulation in the county where such delinquent stockholder resides, 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 office 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; and 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.

Ibid. sec. 165. 1876, ch. 242, sec. 9.

249. Whenever any railroad company, heretofore incorporated or created and incorporated under the provisions of this article, 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 of the 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.

Ibid. sec. 166. 1876, ch. 242, sec. 10.

250. The persons named in said certificate of incorporation, or any three of them, shall be authorized to order books to be opened 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 annually held for directors, at such time and place as the stockholders at their first meeting shall determine, or as the by-laws of the corporatiton 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 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.

1888, art. 23, sec. 167. 1876, ch. 242, sec. 11. 1896, ch. 151.

251. The said president and directors, or their agent or agents, authorized by them, may agree with the owner or owners of any land, earth, gravel, stone, timber, streams or materials, or any improvements which may be wanted for the proper construction or repair of any of 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 or any of them be an infant, feme covert, who is not possessed of the property to her sole and separate 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