Laws of the State of Delaware - Volume 9 - Page 1 |
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LAWS
OF THE
STATE OF IlELAWARE,
FROM THE TWENTY. THIRD DAY OF JULY, ONE THOUSAND EIGHT HUNDRED
AND THIRTY. FIVE, TO THE TWENTY. EIGHTH DAY OF FEBRUARY,
ONE THOUSAND EIGHT HUNDRED AND FORTY. THREE.
VOLUME IX.
PUBLISHED BY AUTHORI'!' 1'.
DOVER, DELAWARE,
5. XIl[ lIlEY, PRINTER.
1843.
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 09 |
| Description | Laws of the State of Delaware. From the Twenty Third Day of July, One Thousand Eight Hundred and Thirty Five, to the Twenty Eighth Day of February, One Thousand Eight Hundred and Forty Three. Volume IX. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF IlELAWARE, FROM THE TWENTY.THIRD DAY OF JULY, ONE THOUSAND EIGHT HUNDRED AND THIRTY.FIVE, TO THE TWENTY.EIGHTH DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND FORTY.THREE. VOLUME IX. PUBLISHED BY AUTHORI'!'1'. DOVER, DELAWARE, 5. XIl[lIlEY, PRINTER. 1843. LAWS OF THE STATE OF DELAWARE. CHAPTER I. AN ACT to incorporate the Camden Lime Company. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, (two-thirds of each branch of the Legislature concurring therein, and with a Incorpora-reserved power of' revocation bu the Legislature,) That a company hon. shall be established, the capital stock whereof shall not exceed five capital stook thousand dollars, divided into two hundred and fifty shares, each of Shares. twenty dollars. SEC. 2. And be it enacted, That Thomas Jackson, William Knotts, Alexander Jackson, James Lord and Nathaniel Coombe,,Commira. be and they are hereby appointed commissioners, and they or any three of them are authorized to receive subscriptions to the said capital stock, and for that purpose to open books at such time and place in Camden as the said commissioners or any three of them may appoint, of which ten days' notice shall be given, and such books shall continue open at least two days, and afterwards at the discretion of said commissioners or any three of them. Sco. 3. And be it enacted, That the subscribers to the capital stock aforesaid, their successors and assigns shall andhereby are ordained, constituted and declared to be a body politic or corporate in fact and in law, by the name of the Camden Lime Company" Name. and by that name shall have succession, and be capable of suing Powers. and being sued, plead and be impleaded, in all manner of actions, suits, complaints, matters and causes whatsoever, either in law or equity, and may have a common seal, and make, change and alter the same at their pleasure, and may make and ordain 13y-laws for Byjawc their own government not repugnant to the laws and constitution of this State or the United States; but it shall not be lawful for the Restriction said cdmpany and they shall not have power to discount notes or !th to bank. bills or to loan money on interest, or to exercise any banking pow- mg* ers whatever; and the said cin..pany shall have power to purchase, 4 LAWS OF THE STATE hold and convey any real or personal estate, and do all acts neces-sary and proper to effect the powers hereby granted or intended. Provided, that the real estate so to be holden shall be only such as Prnviso. is necessary and proper to effect such powers, or such as shall have been bona lids mortgaged or conveyed to the company for building kilns on, and necessary for burning lime, or by way of security or satisfaction of debts previously contracted in the course of their dealings or purchased at sales under judgments or decrees to secure debts or sales made under any mortgage given to said company. SEO. 4. ..4,td be it enacted, That the stock, property, affitirs and concerns of the said company shall be managed and conducted by three directors (of whom one shall be president) to be elected by the stockholders, and the first 'election for said directors shall be held by the commissioners before named, or any three of them, at such time and place as they or any three of them shall determine on, of which and all subsequent elections, there shall be given at least ten days' notice, in five of the most public places in Murderkill and Dover hundreds, in Kent county, and the directors so elected, or elected in manner aforesaid, shall hold their offices for one year, and until others shall be elected to succeed them, and there shall be an election of directors in each year at such time and place as may be fixed on in the by-laws of said company, and the directors so elected shall hold their ollices for one year and until others shall be elected to succeed them, and such elections as aforesaid shall be made by such stockholders as shall attend for that purpose, in their proper persons, and all elections shall be by ballot, each share to be entitled to one vote, and the persons who shall have the greatest number of votes at any election shall be the directors; and the di-rectors shall appoint one of their numbers to be their president; and if any vacancy shall happen in said directors by death, resignation or otherwise, the same shall be filled by the other directers or a majority of them for the time being, and the said directors shall have power and authority to call a meeting of the stockholders at any time. Sac. 5. And be it enacted, That a majority of the directors for the time bing, shall form a board or quorum for transacting all the business of the said company, and that a failure to elect directors on the day for that purpose to be appointed, shall not dissolve the corporation, but it shall and may be lawful to hold such elections on such other day in manner aforesaid, as shall be prescribed by the by-laws of the corporation. Sac. 6. And be it enacted, That it shall be lawful for the presi- Directors dent and directors of said company to call and demand of the stock- (=powered to call in su b- holders respectively, all such sum or sums of money as shall be by them subscribed, at such times and in such manner and proportions as they shall deem proper, under forfeiture of their shares and all previous payments thereon to the corporation, provided twenty days' notice of such call and demand be given in five of the most public places in Murderkill and Dover hundreds, in Kent county. Directors. Election. President. Quorum. OF DELAWARE. SEC. 7. And be it enacted, That no transfer of stock shall be valid or have effect until such transfer shall be entered or register. Transfers. ed in the book to be kept by the company for that purpose. SEC. S. And be it enacted, That the dividends to be made of the profits of the company if any, shall be annually, and shall be paid Dividends. to all the stockholders in proportion to their respective interests therein. Sm. 9. And be it further enacted, That this act shall continue in force for and during the term of twenty years from the passing Duration of thereof, and no longer, any law, usage or custom to the contrary company. notwithstanding: Provided nevertheless, and it is hereby expressly understood, enacted and declared, that power to revoke or dissolve the said corporation by this act created, is hereby reserved to the Legislature of this State, whenever the said Legislature shall deem such revocation or dissolution necessary or expedient, anything in Revocation. this act contained to the contrary notwithstanding. Passed at Dover, July 23, 1835. CHAPTER II. A SUPPLEMENT to the Act concerning constables. SECTION 1. Be it enacted by the Senate and House of Representa-tives of the State of Delaware in General Assembly met, That so much of the act to which this is a supplement, or of any other act Repeal and al-of assembly of this State, as provides that no person shall hold the teration of so office of constable more than three years in any period of six years macuteahs fe lahtee s shall not be applicable to any person or persons holding, or who to N. Castle may hereafter hold the office of constable in New Castle hundred, hundred. in the county of New Castle; and it shall and may be lawful for the Levy Court and Court of Appeal within said county, to appoint any person or persons residing in New Castle hundred to the office of constable for any number of years in succession, any law to the contrary notwithstanding. SEC. 2. And be it further enacted, That it shall and may be law-ful for William H. Stayton of New Castle hundred, to accept the W. H. Stay. office of constable and perform all the duties thereof, and receive ton appoint.. the fees and emoluments incident thereto; and also, that it shall be ed. lawful for the Governor of the State to appoint the said William H. Stayton to said office, in the same manner as such appointment is made in cases of vacancy. Passed at Dover, July 23, 1835. Dig. 85. CHAPTER Dig. 315. A SUPPLEMENT to the act entitled An act concerning the real estates of intestates. SECTION I. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That the Second gm second section of the act to which this is a supplement be amended clido nb y a minesnedr-t - by inserting after the words "aggregate values of all said parts" &c. these words following"whenever all the parts shall be assigned on the same day, but when all the parts shall not be assigned on the same day, then to pa.y to the other parties entitled severally theirjust and proportionable shares of the excess of the value of the part as-signed according to th.e appraised value thereof, beyond the just share of said assignee of the value of that part only" and the follow-ing clause in said second section, beginning with the words "In case of a division or subdivision" and ending with these words "propor-tionate to the deficiency and no greater" shall have force and effect only, and be applied whenever all the parts shall be assigned on the same day, and the said section shall be read and construed as amended and restricted by this section. SEC. 2. And be it the,. enacted, That whenever a party enti- "Tonna by tied to a share of an intestate's real estate shall die, leaving a hus-c"" tesY" e"- band entitled to have such a share as "tenant by the curtesy" and titled to a certain share such share shall be appraised and assigned or sold, and assigned by and may re- order of the Orphans' Court, such hnsband during his lifetime shall cover by a be a party entitled to have and receive the interest which shall be ro due from the assignee on the appraised value of proceeds of sale of such share, and may recover the same by scire facias on the re-cognizance of the assignee and his sureties, or by an action of debt for the said interest; and also such husband shall be a party entitled to have, receive and to hold during his lifetime the appraised value or proceeds of sale of such share on entering into a recognizance to the State of Delaware, with sufficient surety or sureties, and in a penal sum to be approved by said court, with condition in sub-stance "that the appraised value or proceeds of sale of such share, Upon ids .or such part thereof as he shall receive, shall upon his death be dew, Biwa paid to the parties entitled severally, their just proportions, accord-be distribu- mg to the act to which this is a supplement, or to their executors, administrators or assigns respectively, with interest from the death of such husband" and such husband after entering into such recog-nizance, may by scire facias or action of debt on the recognizance of the assignee and his sureties, recover said aforesaid value or pro-ceeds of sale of such share, together with such interests as may be due; and when a party entitled to a share of an intestate's real es-tate shall die leaving a widow entitled to one-third or one moiety or all of such share, for the term of her life, and such share shall be appraised and assigned, or sold and assigned by order of said court, such widow shall tor the IC1111 of her life, be a party entitled to have 6 LAWS OF THE STATE OF DELAWARE. 7 and receive the interest of such third part, moiety or all of the ap_ yidostr may praised value or proceeds of sale of such share, which shall be due tclott,?ewrisc from the assignee, as the case may be, and may recover the same by scire facias on the recognizance of the assignee and his sureties or by action Of debt for the said interest, and also such widow shall be a. party entitled to have and receive for the term of her life,.the said one-third, moiety or all of the appraised value or pro-ceeds of sale of such share, as the case may be, upon entering into a recognizance as aforesaid, with condition in substance that the said Condit!on of one-third part (or one moiety or all) of the appraised value or pro- rzeacnocgen.1 ceeds of the sale of such share or such part thereof as she shall re-ceive, shall after her death be paid to the parties entitled severally, according to the act to which this is a supplement, or to his or her executors, administrators or assignees respectively their respective, just and proportionable shares of the said one-third, moiety or all of the appraised value or proceeds of sale of such share (as the case may be) or such part thereof as she shall receive; and such widow, after entering into such recognizance as aforesaid, may by a scire factias or action of debt on the recognizance of the assignee and his or her sureties, recover the said one-third, moiety or all of the ap-praised value or proceeds of the sale of such share, as the case may be, and also such interest thereon as may be due, and if such widow shall become the wife of another husband before entering into such Ilusbno.d of recognizance as aforesaid, then and in that case, if such last husband shall himself enter into such a recognizance as aforesaid, he shall be Y entitled to the same rights, privileges, actions and sums of money aforesaid to which his wife would have been entitled by her enter-ing into such recognizance as aforesaid: Provided nevertheless, that it shall and may be lawful for the assignee of any such share as Proviso, aforesaid, at any time before such recognizance as aforesaid shall be entered into, to pay into said court such sum as such husband or widow may be entitled to according to the provisions of this act, and from, that time, the interest thereon against him shall cease: And provided further, that nothing herein contained shall be con-ktrued so as to deprive a defendant of the benefit of the "Act for the limitation of certain personal actions" and of exceptions to accounts in any. scire facias or action before mentioned. SEC. 3. find be it fitrther enacted, That when a party who shall stand prior according to the order of preference to a party apply- Priority of ing, to accept or choose any appraised premises shall be incapable 'null"' of accepting or choosing the same, because of infancy, idiocy or other incompetency of mind, the fact shall be made appear to the satisfaction of the court by oath or affirmation, then such prior party or parties shall be passed by, and the party next in order shall be admitted to accept and choose, in the same manner and as fully to all intents and purposes as if such prior party or parties had been of full age and had refused to accept, anything in the act to which this is a supplement to the contrary notwithstanding. Passed at Dover, July 24, 1835. 8 LAWS OF THE STATE CHAPTER IV. A SUPPLEMENT to the act entitled An act to enable the owners and possessors of the meadow, marsh and cripple lying on both sides of Silver Run fronting the river Delaware, effectually to em-bank and drain the same, and keep the banks, dams, sluices, ca-nals and drains in repair, and to raise a fund to defray the ex-penses thereof. Private act. Passed at Dover, July 24, 1835. CHAPTER V. AN ACT to confirm the marriage between Vincent W. Moore and Ann Whitaker, of Kent county and State of Delaware. Private act. Passed at Dover, July 24, 1835. ..).))000(444.. CHAPTER VI. AN ACT to authorize Dr. James N. Sutton to construct a Railroad across a public road in New Castle county. Private act. Passed at Dover, July 24, 1835. -4411401140(4 CHAPTER VII. A SUPPLEMENT to the act entitled An act authorizing Isaac G. Colesberry, guardian of Elizabeth Reynolds, a minor, to sell and convey the interest of the said minor in certain real estate in New Castle county. Private act. Passed at Dover, July 24, 1835. OF DELAWARE. 9 CHAPTER VIII. AN ACT to incorporate the owners of the Beaver Gut Marsh, for the better securing and improving the same. Private act. Passed at Dover, July 24, 1835. CHAPTER IX. A FURTHER SUPPLEMENT to an act entitled .11n act to in-corporate the Wilmington and Susquehanna Railroad Company. Vol. 8, chap. 110, p. 107 SECTION I. Be it. enacted by the Senate and House of Representa- cha ,p. 312, p. lives of the State of Delaware in General 3ssembly met, (two-thirds 311. of each branch of the Legislature concurring in this act,) That the president and directors of the Wilmington and Susquehanna Rail- stoccitcnnold°errs. road Company, or a majority of them, and the president and direc-tors of the Delaware and Maryland Railroad Company (which said last mentioned company has been incorporated by an act of the Legislature of the State of Maryland) or a majority of them, be and they are hereby authorized and required at any time after the Legislature of Maryland, have ratified and adopted this section as hereinafter provided, to call a meeting of the stockholders of the Wilmington and Susquehanna Railroad Company, and the Dela-ware and Maryland Railroad Company, first giving at least three Notice of weeks notice of the time, place and object of such meeting in one time and neWspaper published in the city of Philadelphia, one in the city of Plac? top Baltimore, one in Ccecil County, in the State of Maryland, and one publishe . in the State of Delaware; and at the said meeting, the holders of the majcar part in amount of the stock of each of the said railroad companies, attending in person or by proxy, shall be competent to decide whether or not the said railroad companies shall be united Union of the and together form one body politic and corporate, upon such terms companies. and stipulations as by them shall be deemed proper and expedient, and if at such meeting it be decided that the said railroad compa-niei shall be united and together form one body politic and corpo-rate, it shall be certified in writing to the recorder of deeds for To be coal- New Castle county, who is hereby required to record the same, fled in wri. and thereupon and immediately thenceforth, the said Wilmington ting. and Susquehanna Railroad Company and the said Delaware and Maryland Railroad Company shall be, and are hereby created one body politic and corporate in fact and in law, and by the name, style and title of "The Wilmington and Susquehanna Railroad Corn-Title of Qom. pany" and by and under that corporate name, the holders of the puny. 2 LAWS OF THE STATE stock of the said railroad companies, so enacted as aforesaid, shall Powers. hold, possess and enjoy all the property, rights and privileges, and exercise all the powers granted to and vested in the said railroad companies or either of them, by this or any other law or laws of this State or of the State of Maryland: Provided, that the number Proviso asf to of directors of the said company created by the said union as afore-number o the directors. said, shall not be less than nine, nor exceeding fifteen, tWb-thirds of whom shall always be residents of the States of Delaware and Maryland, and all of them shall be stockholders and citizens of the United States: And provided further, that this section shall not go Further pro, into operation until the Legislature of the State of Maryland shall viso. have ratified and adopted the same. Sue. 2. lie it further enacted by the authority aforesaid, That Comm'rs. to whenever it shall in the opinion of the directors of the Wilmington estimate and Susquehanna Railroad Company, be necessary for the said com-pany to enter into and upon and occupy for the purpose of making said railroad, any lands or tenements, they shall signify the same to the commissioners hereinafter named, whose duty it s'hall, be un-der oath or affirmation, fairly to estimate the damage that may be done to said lands and tenements by such entry and occupation, and to examine and survey the said lands and tenements, and to report the same to the prothonotary of the Superior Court for New Castle county; and it shall be the duty of the said commissionersin estimating such damage, to take into consideration the advantage's as well as the disadvantages that will be derived by the owner or owners of the said lands from the said railroad; and upon the return Upon Pay- of the said report, and the said company paying to such owner or molt made, owners the sum in said report specified, the said company shall be: company to become Hely. come seized of the same estate in the said lands which the owner cd, &c. or owners held in the same. If any such owner shall refuse to ac-cept the said sum when legally tendered, or in case any such owner shall he a minor, feme covert, reside out of the State, or be absent from his residence in the State, the said company,shall cause the said Deposita to sum of money to be deposited to his or her credit in the Farmers' Bank be made un- of the State of Delaware, or the Bank of Delaware, in the city of Wil-der certain minaton and such deposite shall operate as a payment to such owner circomstan. to all intents and purposes; and in case of a feme covert, owner of (Am. such lands or tenements, such deposite to her credit shalll operate as a payment to her and her husband, and thereupon the said company shall have the right to enter upon, use and occupy the lands and tenements, the damage upon which shall have been so estimated and paid iJr or deposited as aforesaid. But any owner or wvnera dis-satisfied with any such report may apply to the Superior Court of the State of Delaware, in and for said county, at the next term thereof after the coming in of said report, and the said court may Owners may direct a writ of ad qucni damnum to be issued, commanding the awprpilty offo ar da she- riff of said county to inquire by twelve impartial men of his baili- wick, under their several oaths or affirmations, what damages will be sustained by such owner or owners, by reason of said rail-road so passing through any lands or tenements belonging to him, OF DELAWARE. 11 her or them, taking into consideration all the advantages to be de-rived to him, her or them, by reason of said railroad, and thereupon the said sheriff shall inquire according to the command of said writ, neake.return.of such inquiry and of alibis doings by virtue of Ptrhoc"ee'd"in'g and said writ, and upon such return being made, the said company shall pay .oVer. to any such owner or owners the excess, if any there he, over and aboye the sum so paid or depohite,d as aforesaid, and upon any'eppetil 'being so taken as aforesaid by the owner, or owners of any such,larids or tenements, the said Wilmington and Susquehan-na Railroad Company.shall give such security as the said court shall direet for the payment of the' excess, if any, which may be assessed and awarded by the said sheriff and jury. But in no case after such payment or deposite as aforesaid, of the sum found and reported by the said comthissioners, shall the works of the said company be delayed by such application for a writ of ad quod dam- No dclay to num; but the right of entry and occupation in the said company, ensue from their servants and workmen, of, in and to, all such lands and tone- roceed. meats, whereof an estimate and report of damage shall have been made by said commissioners, shall on such payment or deposit° being made as aforesaid, be lawful and perfect. The costs or the assessment of damage shall be paid by said company in all cases, cost, to be except where any such owner or owners shall have applied for and paid by the obtained a writ of ad quod damnum as aforesaid, and the assess- niltnY, ment of damage on said writ has not exceeded the sum reported by aP a. the said commissioners, but in such excepted case the party apply-ing for said writ of ad quod damnum as aforesaid, shall pay the costs of the said writ, and of the proceedings thereunder. And when-ever the sum deposited under an assessment by the commissioners, Party not to shall exceed the assessment on a writ of ad quod damnurn, the party I:, any shall not receive the excess, but shall be concluded by the last as-sessment of damage, and shall pay all the costs of said writ and of the execution thereof. Notice to a tenant, or notice left on the de-mised premises, of the time and place of executing a writ of ad Notice. quod damnum, shall in all cases be notice to his landlord, and a notice of ten days shall always be sufficient, if left on the lands, whether personally served on the owner or not. The following persons shall be the commissioners to assess damages, that is to Commiri. say: Richard Mansfield, Jacob Ferris, John Ginn, Daniel Corbit and William Polk, all of New Castle county, and the act of a majority of them shall be as binding and effectual to all intents and purpo-ses as the act of the whole. Each,of the said commissioners shall receive for every whole day, by him devoted to the discharge of Salary. the duties imposed upon him by this act, the sum of five dollars, to be paid by the said company, and so pro rata for a less period, and in case of any vacancy occasioned by the death, resignation, ma- Vacancy bility, removal out of the'State, refusal to serve or absence of any how supplied one or more of said commissioners, such vacancy shall be supplied by the other commissioners, who shall certify the facts to the pro-thonotary for New Castle county. SW. 3. .ind be it further enacted, That so much ut. the tenth 12 LAWS OF THE STATE, &c. 10th section section of the act to which this is a further supplement as provides repealed, that the dividends on the capital stock of the said company shall not exceed twelve per cent. per annum, and that the contingent fund of the said company shall not at any time exceed one-fourth 3sao sreecptet°t1nod, of the capital stock thereof, and also the twenty-third section of the said act, be and the same are hereby repealed, made null and void. , . . SEC. 4. And be it further enacted, That the said Wilmington and Tax of per Susquehanna Railroad Company shall pay annually into the'trea-cent, sury of the State, a tax of one quarter of one per cent on the capi-tal stock thereof of four hundred thousand dollars, the said tax to Pirbt be paid semi-annually on the first 'day of January, and the first day pay-ment, of July in each and every year hereafter, and the first payment of five hundred dollars to be made on the first day of January next. SEC. 5. And be it further enacted by the authority aforesaid, Revocation, That the power of revoking this act shall be, and is hereby reserved to the Legislature. This act and the act to which it is a supplement, and all other supplements thereto, shall be held in all courts of law Public act, and equity in the State as public acts, and shall be considered as evidence without setting them forth in pleading, all former acts or parts of such acts as are inconsistent with or repugnant to any of the provisions of this act, shall be and are hereby repealed. Sac. O. And be it further enacted, That the president and direc- Acceptance tors of the said Wilmington and Susquehanna Railroad Company to be sent to shall signify their acceptance of this act through their president to the Govern"' the Governor of this State, under the corporate seal of said com-pany, within three months after the passing of this act, to be by him transmitted to the Legislature, otherwise the, same shall be void and of no effect. Passed at Dover, July 24, 1835. CHAPTER X. AN ACT to appropriate the moneys in the neasury rf this State. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of 'the State of Delaware in General Assembly met, That so Paying mom- much of the moneys now in, or hereafter to be paid into the tree-bete, sury of this State, and not otherwise appropriated, as shall be ne-cessary for that purpose, shall be applied, and is hereby appropria-ted to, and for the payment of, the daily allowance to the members Printing the oefn thsees ,L aengdis lfaotru rper inatti nthge t hper eLseanwt ss easnsdio nJ, otuhrenira lcs loerfk tsh ea ndS eontahteer aenxd- Journals, Luse of Representatives. Laws and Passed at Dover, July 25, 1835. ' SECRETARY'S OFFICE, WILMINGTON, August 10, 1835. In obedience to the directions of an act of the General Assembly of the State of Delaware, entitled "An act concerning the keeping of the papers belongineto the Executive Department and the acts of the General As-sembly, and the printing and disposal of the laws and journals" I have collated with, and corrected by the original rolls, and caused to be pub-lished, this edition of the laws of the said State, passed during a special session of the General Assembly, which commenced on Tuesday the twenty.first day of July, and closed on Saturday the twenty-fifth day of July, in the year of our Lord, one thousand eight hundred and thirty. five. WILLIAM HEMPHILL JONES, Secretary of the State of Delaware. F f 4-4:k ^ i* ;1,f- I - . 16-15' PASSED AT 4." SPECIAL SESSION OP THE 4 ON TtreibAY; TO FOURTEENTH DAY OF JUNE, 4 4 40 . II :C0MMENCED4 AND 1.11D AT p&p: 2.: .LAWK 1830; MI121 eipaaztraui mita, Olk.THE I 1 4, S. I 4,4 3 !MIMI £6130. 4. 1712, ii;i4 S. SUB ILVIR. 4 4. INDEPENDENCiOF THE UNITED STATES. F Ty AUTSO*Tir. de Dipygr,t. ' ; 9 . ,,, I-- 9. * rRINTEIr BY AUG' M BCIIBEI - 4 i 9 - '.4. 11336: .:* * , .4 8 8 "f*, . l' 1 104 LAWS OF' THE =AMR Ca 1)141.AVASIM4. CHAPTER XI. AN ACT to incorporate the Delaware Rail Road Company. SEcriy 1. Be it enacted by the Senate and House of Repre-sentatives of the:State of Delaware, in General d.'ssembiy met, Commission. two-thirds of each branch of the Legislature concurring, that John ers appointed M. Clayton, William D. Waples, and Richard Mansfield, be, and they are hereby appointed commissioners to do and perform the 'several things hereinafter mentioned, that is to say: The?, or a majority of them, shall, on or before the first Monday in Novem-bef, next, procure a sufficient number of suitable books, which shall be opened at such time or times, place or places, as they shall think proper, in each of which the following ntry shall be made: "We whose names are hereunto subscribed, do promise to pay to the President and Directors of the Delaware Rail Road Company the sum of twenty-five dollars for every share of stock set opposite to our respective names, in such manner and proportions and atto open books, such times as shall be'determined by the President and Directors of said company, in pursuance of an act of the General Assembly of the State of Delaware, entitled 'An act to incorporate the Dela-ware Rail Road Company.' Witness our hands, this day °fand their du-in the year of our Lord one thousand eight hundred and ties therein; thirty : and after giving such notice as to them shall scemand give notice proper, they shall permit all persons of lawful age who shall offertwhhn7o0e °M sub. to subscribe in the said books, in their own names, or in the name scribe. ' of any other person or company who shall authorize the same for books to be any number of shares in the said stock. And the said books shall kept open till be kept open until there shall have been subscribed forty thousand 0areMsubssehrtreed; shares; and the said commissioners may adjourn from time to time, Commission-and transfer the book or books from place to place, and appointers may ad- , ' agents with power,to obtain subscriptions, until the whole num_joutrrannsfaenrdthe berk of shares shall be subscribed: but no subscription shall bebooks, t4c. valid unless the person so subscribing shall pay to the said com-missioners, at the time of making the same, the sum of five dollars Pa,):8111e,11 on each share, for the use of the company. And the travelling struauvecunigngeix. expenses of the said commissioners and their agents, actually in- penses of said curred'in endeavoring to procure the said subscriptions, on being commissioners properly authenticated go the satisfaction of the Governor, shall and their a-be paid by the State Treasurer, on the warrant of the Governor, gents allowed. out of any money in the treasury not otherwise appropriated. 18 LAWS OF THE STATE Company in. StemroN 2. dnd be it' further enacted by the authority corporatcd. aforesaid, That when and as soon as twenty thousand shares shall be subscribed, the subscribers, their successors and assigns, shall be, and they are hereby declared to be incorporated by the name, Title of style and title of the Delaware Rail Road Company, and by the and general same name the subscribers shall have perpetual succession, and be ceorsrp--o rate pow. able to sue and be sued, plead and be impleaded in .a ll courts of record. and elsewhere, and to purchase, receive, have, hold and enjoy, to them and their successors, lands, tenements and heredi-taments, goods, chattels, and all estate, real, personal and mixed, of what kind or quality soever, and the same from time to time to sell, mortgage grant, alien, or dispose of, and to make dividends of such portion of the profits as they may deem proper; and also to make and have a common seal, and the same to alter or reneyv at pleasure; and also to ordain, establish and enforce such.by-laws and regulations as shall be deemed necessary and convenient for the government of the said corporation, not being repugnant to the constitution and laws of this state and of the United States; and generally to do all and singular the matters and things which to Not to exercise them it shall lawfully appertain to do, for the well being and or-banking pow- dering of the same: Provided, that nothing herein contained shall CrS. be considered as in any way giving to the said corporation any banking privileges whatsoever, or any other liberties, privileges,.or franchises, but such as may be necessary or incident to the making and proper management of the said rail road. Meeting of the subscribers; SECTION 3. Ond be it farther enacted, That the commission-ers aforesaid, as soon as conveniently may be after twenty thousand shares shall be subscribed as aforesaid, shall give notice in two of the Wilmington newspapers, and in such other newspapers as they shall deem proper, at least twenty days of the time for the said Officers, how subscribers to meet in the town of Dover, in order to organize the to be chosen; said company, and to choose by a majority of votes of the said sub-scribers, by ballot, to be given in person or by proxy, one presi-dent and seven directors, a majority of whom shall be residents of this state, a treasurer, and such other officers as shall be deemed necessary; and the president and directors aforesaid, being first sworn well and faithfully to discharge the trust reposed in them, shall conduct the business of the said company until the second term of office; Monday of January in the year one thousand eight hundred and to make by thirty-eight, and until like officers shall be chosen; and may make laws, such by-laws, rules and regulations, as are not repugnant to the constitution and laws of this state and of the United States, and that, may be necessary to the well governing the affairs of the company. Meetings of SECTION 4. .find be it further enacted, that the stockholders stockholders; shall meet on the second Monday in January, one thousand eight hundred and thirty-eight, and in every year thereafter, at the town of Dover, of which notice shall be given, at least twenty days, by the secretary, in the newspapers before mentioned, and choosing their officers; choose by a majority of votes present theirofficers for the ensuing year, as mentioned in the third section of this act, who shall con-tinue in office for one year, and until others are chosen, and at such OF DELAWARE. 19 other times as they may be summoned by the directors, in such manner and form as shall be prescribed by the by-laws, at which annual or special meetings they shall have full power and authority to make, alter or repeal, by a majority of votes, in manner afore-said, all such by-laws, rules and regulations, as aforesaid, and to do and perform every other corporate act; and the number of votes to which each stockholder shall be entitled shall be- according to the"ung-number of shares he shall hold, each share entitling him to one vote: but no share shall confer a right of suffrage which shall not have been held one calendar month prior to the day of election, nor unless it be holden by the person in whose name it appears, absolutely and bona fide in his own right, or in right of his wife, or Of his or her sole use and benefit, or as executor or administra-tor, trustee or guardian, or in the right and for the use and benefit of some copartnership, corporation or society of which he or she may be a niember, and not in trust for and to the use and benefit by proxy. for any other person: and in all voting by proxy, the attorney shall be legally constituted under the hand and seal of the party and the authority authenticated by the signatures of two subscribing witnesses to its execution. SECTION 5. idnd be it further enacted, That the election of ffiElect'75 ft'r ooncers, officers provided for in the preceding section shall be conducted in cducted. the following manner, that is to say: the directors for the time being shall appoint two of the stockholders not being directors to be 'judges of the said election, and to conduct the same after having severally taken and subscribed an oath or affirmation before a judge or justice of the peace well and truly and according to law to conduct such election; and the said judges shall decide upon the qualifications of the voters, and when the election -is closed shall count the votes and declare who has been elected, and if itIn case of fai-shall at any time happen that an election of president, directors, lure to .elect, treasurer or other officers, shall not be made, the corporation shall coolematidoniss000lt not for that cause be deemed to be dissolved, but it shall be lawful ved_.: to hold and make such election of president, directors, treasurerbat to hold o. or other officer on the same day or on any day thereafter by giving the r dr eilectifrons, at /east ten clays notice, signed by the president or secretary, in opreiccie.. the newspapers before mentioned of the time and place of holding ding year said election, and the president, directors and other officers of theconci preceding year, shall in that case continue to act and be invested with all the powers belonging to their respective situations until another election shall take place. In the case of the death, resig-Vmajecda.ncies,h0. nation or removal from the state of any president, director or other officer, his place shall be filled by the board of directors un-til the next annual election: Provided the removal of a director Proviso. from this state may not operate to vacate his place, should there be a majority of the directors still residing in the state. The presi-dent and directors shall always be sworn or affirmed it'd and faith-fully to discharge the trust reposed in them. SEcprox 6. and be ?Vol./her enacted, That the said president Meetings, and directors shall hold their meetings in the town of Dover, or where held; 20 LAWS OF THE STATE such other place as the stockholders shall ilirect, and when met, quorum; five shall be a quorum, who, in the absence of the president may Secretary to.bechoose a chairman; and the said directors shall annually appoint a appointed; secretary, who shall keep minutes of their transactions fairly enter-ed in a book, and a quorum of the said directors being formed, Directors they shall have full power and authority to appoint all such survey-powers of. ors, engineers, superintendents and other artists and officers as they shall deem necessary to carry on the intended work: and to fix their salaries and wages, to ascertain the times, manner and pro-portions in which The said stockholders shall pay the money due on their respective shares: to draw orders on the treasurer for the same, which shall be signed by the president, or in his absence by a majority of the directors present, and countersigned by the secre-tary, and generally to do all such other acts, matters and things, as by this act and by the by-laws and regulations of the company they are authorized to do. Certificates of SECTION 7. 4nd be it further enacted, That the president stock; and directors first chosen shall procure certificates or evidencetof stock for all the shares of the said company, and shall deliver one such certificate, signed by the president and countersigned by the treasurer, and sealed with the common seal of the said company, to each person for every share by him subscribed and held, which transferable, certificate or evidence of stock shall be transferable at his plea-and how; sure, in person or by attorney, duly authorized in the presence of assignee, the president or treasurer, each of whom shall keep a book.for rights and Ha.that purpose (subject, however, to all payments due or to become bilities of. due thereon;) and the assignee holding any certificate, having first caused the assignment to be entered in a book of the company to be kept for the transfer of stock, shall be a member of the said corporation, and for every certificate assigned to hitit as aforesaid, shall be entitled to one Share of the capital stock and of all estates and emoluments of the company incident to one share, and to vote as aforesaid at the meetings thereof, and subject to all penalties and forfeitures, and of being sued for all the balance and penalty due or to become due on each share, as the original subscriber would have been. Neglect to pay SECTION 8. be it further enacted, That if after thirty insta/nleins days notice in the public papers aforesaid, of the time and place appointed for the payment of any proportion or instalment of the said capital stock in order to carry on the work, any stockholder shall neglect to pay such proportion or instalment at the place appointed, for the space of thirty days after the time so appointed, every such stockholder or his or her assignee shall, in addition to . the instalment so called for, pay at the rate fclurfrete.idtu, re month for the delay of such payment; and iof f thtwe os ampeer acnedn ta. dpdeir-tional penalty shall remain unpaid for such space of time, as that the accumulated penalty shall become equal to the sum before paid in part, and on account of such shares, the same shall be forfeited to the said company, and may be sold to any person or persons Ivilling to purchase for such price as can be obtained for the same, or in default of payment by any stockholder of any such instal- op.:DELAWARE. 21 meet as aforesaid, the president and directors may, at their elee-or. Yigh. t of ac-tion, cause suit to he brought before any justice of the peace0,r von given, in any court having competent jurisdiction of the same, together with the penalty aforesaid; Provided, that no stockholder, whe-ther original subscriber or assignee, shall be entitled to vote at" right to vote any election, or at any general or special meeting of the said corn- °' pany, on whose share or shares any instalment or arrearages may be due and payable, more than thirty days previously to the said election or meeting. SECTION 9. dInd be it further enacted, That ihe president and Officers to give directors of the said company shall demand and require of andb°"d. from the said treasurer, and all and every other the officers and other persons by them employed, bond in sufficient penalties and with such sureties as they shall by their by-laws, rules and regu-lations required for the faithful performance of the several duties and trusts to them or any of them respectively committed. ..Szvriow 10. sind be it further enacted, That dividends of so much of the profits of the company as shall appear advisable to the Divide nd s' directors, shall be declared at least twice a year in every year, and paid to the stockholders on demand, at any time after the ex-00 to exceed piration of ten days therefrom: but they shall in no case exceed net profits; the amount of the net profits actually acquired by the company, so that the capital stock shall never be thereby impaired: if the said directors shall make any dividends which shall impair the capital stock of said company, the directors consenting thereto, if so, directors shall be liable, in their individual capacities, to said company, for habit. the amount of the stock so divided; and each director present when such dividend shall be made, shall be adjudged to be con-senting thereto, unless he forthwith enter his protest on the mi-nutes of the board, and give public notice to the stockholders at the declaring of such dividend. SECTION 11. 4nd be it further enacted, That at each annual Directors to meeting of the stockholders, the directors of the preceding year exhibit annual shall exhibit to them a complete statement of the affairs and pro- stvements of ceedings of the company for each year, and that special meetingsattalr" of the stockholders may be called by order of the directors or by special meet- stockholders holding one-fourth in amount of the capital stock, on ings. like notice as that required for annual meetings, specifying more-over the object of the meeting; but no business shall be transacted at such special meeting unless a majority in value of the stock-holders shall attend in person or by proxy. SECTION 12. 'dm/ be it further enacted, That the said corn- Company to party be and they are hereby authorized, as soon as they conve-rconands!ruct a tad niently can, to locate and construct a rail road of one or more tracks, from any point on or near the Wilmington and Susque-hannah Rail Road or the Newcastle and Frenchtown Rail Road; route thereof; thence to the sourthen line of this State in a direction towards Cape Charles or the southern part of the peninsula, via Millsbo-rough, Dagsborough, or otherwise with full power to locate and 20 LAWS OF THE STATE such other place as the stockholders shall clirect, and. when met, quorum; five shall be a quorum, who, in the absence of the president may Secretary to.bechoose a chairman; and the said directors shall annually appoint a appointed; secretary, who shall keep minutes of their transactions fairly enter-ed in a book, and a quorum of the said directors being formed, Directors they shall have full power and authority to appoint all such survey-powers of. ors, engineers, superintendents and other artists and officers as they shall deem necessary to carry on the intended work: and to fix their salaries and wages, to ascertain the times, manner and pro-portions in which the said stockholders shall pay the money due on their respective shares: to draw orders on the treasurer for the same; which shall be signed by the president, or in his absence by a majority of the directors present, and countersigned by the Secre-tary, and generally to do all such other acts, matters and things, as by this act and by the by-laws and regulations of the company they are authorized to do. Certificates of SECTION 7. .find be it further enacted, That the president stock; and directors first chosen shall procure certificates or evidencelof stock for all the shares of the said company, and shall deliver one such certificate, signed by the president and countersigned by the treasurer, and sealed with the common seal of the said company, to each person for every share by him subscribed and held, which transferable, certificate or evidence of stock shall be transferable at his plea-and how; sure, in person or by attorney, duly authorized in the presence of assignee the president or treasurer, each of whom shall keep a book.for , rights and lia.that purpose (subject, however, to all payments due or to become bilities of. clue thereon;) and the assignee holding any certificate, having first caused the assignment to be entered in a book of the company to be kept for the transfer of stock, shall be a member of the said corporation, and for every certificate assigned to bhp as'aforesaid, shall be entitled to one Share of the capital stock and of all estates and emoluments of the company incident to one share, and to vote as aforesaid at the meetings thereof, and subject to all penalties and forfeitures, and of,being sued for all the balance and penalty due or to become due on each share, as the original subscriber would have been. Neglect to pay SEcTimi S. .Rnd be it further enacted, That if after thirty instalments days notice in the public papers aforesaid, of the time and place appointed for the payment of any proportion or instalment of the said capital stock in order to carry on the work, any stockholder shall neglect to pay such proportion or instalment at the place appointed, for the space of thirty days after the time so appointed, every such stockholder or his or her assignee shall, in addition to the instalment so called for, pay at the rate of two per cent. per fciurfrereitdu, re In. month for the delay of such payment; and if the same and addi-tional penalty shall remain unpaid for such space of time, as that the accumulated penalty shall become equal to the sum before paid in part, and on account of such shares, the same shall be forfeited to the said company, and may be sold to any person or persons willing to purchase for such price as can be obtained for the same, or in default of payment by any stockholder of any such instal- OF 'DELAWARE. merit as aforesaid, the president, and directors may, at their eke- or right of ac tion, cause suit to he brought before any justice of the peace, ornon given, in any court having competent jurisdiction of the same, together with the penalty aforesaid: Provided, that no stockholder, whe-ther original subscriber or assignee, shall be entitled to vote at" right to vote any election, or at any general or special meeting of the said com- °st" pany, on whose share or shares any instalment or arrearages may be due and payable, more than thirty days previously to the said election or meeting. SECTION 9. 4nd be it further enacted, That he president and Officers to give directors of the said company shall demand and require of andb°"d. from the said treasurer, and all and every other the officers and other persons by them employed, bond in sufficient penalties and with such sureties as they shall by their by-laws, rules and regu-lations required for the faithful performance of the several duties and trusts to them or any of them respectively committed. ,,SEcTIoN 10. and be it further enacted, That dividends of so Dividends; much of the profits of the company as shall appear advisable to the directors, shall be declared at least twice a year in every year, and paid to the stockholders on demand, at any time after the ex-not to exceed piration of ten days therefrom: but they shall in no case exceed net profits; the amount of the net profits actually acquired by the company, so that the capital stock shall never be thereby impaired: if the said directors shall make any dividends which shall impair the capital stock of said company, the directors consenting thereto,r directors shall be liable, in their individual capacities, to said company, for lab C. the amount of the stock so divided; and each director present when such dividend shall be made, shall be adjudged to be con-senting thereto, unless he forthwith enter his protest on the mi-nutes of the board, and give public notice to the stockholders at the declaring of such dividend. SECTION 11. 4nd be it further enacted, That at each annual Directors en meeting of the stockholders, the directors of the preceding year exhibit annual shall exhibit to them a complete statement of the affairs and pro- steements of ceedings of the company for each year, and that special meetings 'Ira'. of the stockholders may be called by order of the directors or by special meet. stockholders holding one-fourth in amount of the capital stock, on ings. like notice as that required for annual meetings, specifying more-over the object of the meeting; but no business shall be transacted at such special meeting unless a majority in value of the stock-holders shall attend in person or by proxy. SECTION 12. dnd be it further enacted, That the said corn- Company to party be and they are hereby authorized, as soon as they conve-rconands!ruct a rail niently can, to locate and construct a rail road of one or more tracks, from any point on or near the Wilmington and Susque-hannah Rail Road or the Newcastle and Frenchtown Rail Road ; route thereof; thence to the sourthen line of this State in a direction towards Cape Charles or the southern part of the peninsula, via Millsbo-rough, Dagsborough, or otherwise with full power to locate and 22 LAWS OF THE STATE latteral bran- construct the said rail road or any lateral projection or projections ches. thereof to the town of Lewes, to the town of Seaford on the wan. ticoke River, and to any other points', or places within theliiiittit of this State; the said rail road and branches thereof to be of fitieh width as may be proper for the purpose, and it shall be lawful for Powers to en.the said company and their agents, and all persons employed by ter upon lands, or under them for the purposes contemplated by this act, to enter &c. upon any lands which they shall deem necessary for laying out said road, and also for the purpose of searching for stone, sand, gravel or wood for constructing said road; that the said company Power to erect are hereby empowered to erect, make and establish all works works, &c. edifices and devices as may by the said company be deemed expe-dient for the purpose of carrying into.effect the objects of their in-and to contract corporation, and also to contract or agree with the owner or Own-with the ownerers for the purchase of any lands or tenements which may be of lands, necessary for the purpose of constructing the said rail road. Owners of land necessary SECTION 13. .and be it further enacted, That whenever the to be used inrowner or owners of any land necessary to be used and occupied said reed, on by the said company for the purpose of locating and constructing conveying tt11'tee said road or any part thereof shall convey a good and perfect title company. to in such land to the said company, in fee simple, for the use of said have certain rail road, such owner shall have and enjoy such part of his other part"f their lands, if he have any adjoining the said road, free and exempt other lands ex. etnpt from tax-from taxation forever: Provided, that the quantity of land so ation. exempt from taxation shall never exceed five times the area of the Proviso, parcel of land so conveyed by him to the said company, and pro-vided further, that such owner shall select the said tract of land, so to be exempt from taxation, within thirty days after the date of his conveyance to the company, and cause the same to be accu-rately surveyed by an approved engineer of the said company, and the survey to be recorded in the office for the recording of deeds in and for the county where the said lands are situate: Provided also further, that the board of directors of said company shall give a certificate to such owner, stating how much land ought to be exempted from taxation in consideration of such owner's grant to the company, and the survey of the land so to be exempt from taxation shall contain no more land than the board of directors shall certify ought to be exempted as aforesaid. Condemning SECTION 14. .72nd be it further enacted, That whenever ap-lands necessary plication shall be made for that purpose, by the said company, the for said '"3(1.1ive Judges of this State shall appoint five commissioners, and tahned daamssaegsesisn; g whenever it shall be necessary for the said company to enter in how to be er.and upon, and occupy for the purpose of making said rail road, fee tecl any lands upon which the same may be located, if the owner or owners of said land shall refuse to permit such entry and occupa- Commission ers to be ap.tion' and the parties cannot agree upon the compensation to be pointed; made for any injury or supposed injury that may be done tq said who shall as-land by such entry and occupation, the said commissioners on 6" 5 the dania" being notified by the said company shall go upon the said lands and ges. assess the damages of such owner or owners on oath or afiirma-tion, fairly and impartially, taking into consideration all the bene- OF DELAWARE. .fits.to-he derived from, or in consequence of the said rail road to thOaid owner or owners, and the said commissioners shall certi-and certify the tithe ir finding and award tok,lioth parties; whereupon, the said'. ' on paying or Company, on paying the damages so assessed, shall become enti-depositin such tied to have, use and enjoy the said lands for the purposes by damages, the them required forever; and in case any owner or owners of anyrnitnitlar:ubs: lands necessary for the purposes of said company shall be a mi-of the land. nor or non-resident, or for any cause incapable of receiving, or unwilling, or neglecting to receive said damages, or to call on the said company for the same, the said company may deposite the amount of the said damages to the credit of such owner or owners in the Farmers' Bank of the State of Delaware, subject to his, her, or their order, whereupon the said company shall be entitled to have, use and enjoy the said lands and premises required for the puiposes of said company, for, or on account of which damages shall have been so assessed, and in the case of the death of any such commissioner, the governor shall appoint another or others to supply the vacancy. The expenses of the assessment of said Company to damages shall always be paid by the said company. Every com-Ps 7 othfeth elx-missioner shall be allowed the sum of five dollars for every daYir:esnsment. during which he shall be actually engaged in the service required by this act, and so in proportion for a lesser period. SECTION 15. and be it further enacted, That if in the loca- In case the tion of the said rail road, it shall be found necessary to pass over road shall pass any navigable river, canal or creek by a bridge or other edifice, over any nay'. it shall be the duty of said company to construct and keep in re-gtatile roivfer,tiStioc. pair a sufficient pass or draw in said bridge or edifice over the comY pany. channel or deepest part of said river, canal or creek for the pur-pose of letting vessels pass and repass through the same, which draw shall, at all times on the approach of any masted vessel or vessels, be drawn at the cost of the said rail road company, so as to admit the free passage of such vessel or vessels, and it shall also be the duty of the said company to construct and keep in repair good and sufficient passages across said rail road where any or when it pas. public road shall intersect and cross the same, so that the passage es ."'" a ic road, of carriages, horses, persons and cattle along the said roads shallpubl not be obstructed, and likewise when the said rail road shall in-or farm, tersect any farm, to provide and keep in repair a suitable passage for the use of said farm. The said company shall make such nor passes the bridge with arui fficient draw for vessels where the said rail road Chc el. a. shall pass the Chesapeake and Delaware canal, as the uty of the company. and directors of the Chesapeake and Delaware Canal Company shall approve of, and shall keep the same in perpetual repair at their own expense, and shall at all times provide a careful keeper to remove the draw and take care of the bridge, and for every penalty. failure in these particulars, they shall pay all damages that shall be suffered by the 'eanal company by reason of such failure, and shall moreover forfeit and pay to the state a penalty of five hun-dred dollars. SceproN 16. sInd be it further enacted, That on completion Tolls of the said rail road, it shall and may be lawful for the said corn- 2 24 LAWS OF THE STATE pany to demand and receive such sum or sums of money for tolls Of persons and property as they shall from time to time think rea-sonable: Provided, that the toll on any species of property shall not exceed eight cents per ton per mile, nor on passengers six cents each per mile. For injuries SECTION 17. and be it further enacted, That if any person to the road, or or persons shall wilfully and knowingly break, injure or destroy obstructions on the rail road, or any part thereof, to be erected by the said com-the same pany in pursuance of this act, or shall in any manner obstruct the free passage along the said rail road; he, she, or they shall forfeit and pay to the said company three times the actual damages so sus-tained, to be sued for, and recovered with costs of suit before any justice of the peace, or in any court having cognizance thereof, by action of debt, or on the case in the name and for the use of the said company. Passing toll- SECTION 18. .72nd be it/ur1'ier enacted, That if the owner or house without driver of any car, carriage, waggon or conveyance upon the said PaYIng toll road, or other person, shall pass by any place appointed by the directors of the said company for receiving tolls, without making payment thereof, with intent to defraud said company, he, she or they so offending shall forfeit and pay for every such of-fence, for the use of said company, the sum of fifty dollars, to be sued for and recovered by said company by action of debt, before any justice of the peace, in like manner and subject to the same rules and regulations as debts under fifty dollars may be sued for andrecovered, together with costs of suit. Ma form an SneTioN 19. .72nd be it further enacted, That the president y union with 0.and directors of the said company are hereby authorized and em-ther rail road powered to form an union with such companies as are, or may be compnies and incorporated in the States of Maryland and Virginia, respectively, Maryland virginia_ for the purpose of constructing rail roads in the said states to unite with the rail road contemplated by this act, so that the capital stock of the said companies, respectively, shall constitute a com-mon stock, and the respective companies shall constitute one com-pany, ancl be entitled to all the rights, privileges and immunities or may con which each and all of them possess, have and enjoy under and by fctoroarm cctp oawnn ivitehe)s ,sa un&ccche. vwi.ir tth,u ea noyf stuhcehir croemsppeacntiyv eo rc hcaormteprasn; ieosr, tohni sa ncyo mopthaenry temramys ,c ofonrt rtahcet o&f pawcnaersn, cyon vienydainvcideu oalfs pwahssaetnsogeevrse r,a npdr oavnidye da rtsiucclehs cownhtaratscote bvee rn, oto rp rwohitih- Proviso. bited by the laws of Maryland or Virginia. Free from taxation for 50 SncTion O. .72nd be it further enacted, That the company years. hereby incorporated shall be free and exempt from all manner of taxation for any stock, tolls, or other property whatsoever for the This act con-period of fifty years from the passage of this act; and that every abtrluye, d favora. thing in this act contained shall be construed most favorably for and deemed a the corporation hereby enacted; that this act shall be forever held paulic aci; amend considered as a public act; that this charter shall be perpetual Perpetual. or without limitation as to time, that the said company shall, at. rate of. penalty. penalty. OF DELAWARE. 25 all times, and from time to time, have power to increase its capi_Power to in-tal stock by additional subscriptions to an amount or to amounts crere the stock sufficient to effectuate the objects of this act and construct the rail manoneyb_orrow roads contemplated by it, and from time to time to borrow money for corporate purposes or uses, not exceeding in the aggregate or limitation. whole.amount so borrowed a half a million of dollars. SEoTioN 21. and be it further enacted, That a sum not ex- Appropriation ceeding two thousand dollars shall be appropriated out of any to defray ex-money which may be in the treasury not otherwise appropriated, peoses of sur-to defray the expense of a reconnoisance and survey of the bestveas`c.. . routes for the rail roads contemplated by this act, and of an esti- ors tmoiilsspro yn-mate of the cost thereof with a full report to be published detail-Engineers to ing the advantages of said roads; that the commissioners appoint- make survey, ed hereby to obtain subscriptions shall employ suitable engineers6o`t her duties of to make the said survey, estimate and report, and shall publish commission,. the report before opening the books for subscriptions: that theers. said commissioners shall lay before the next General Assembly a statement of all their doings,in the premises, with an account of the sums due and paid to the engineers by them employed, and such engineers shall be paid by warrants drawn by said commis-sioners, or a majority of them, on the State-treasurer. The acts rAiteytooffcamitios: of a majority of any commissioners to be appointed under this act) sioners valid. shall always be as valid as the acts of all. SECTION 22. .and be it further enacted, That it shall be the duty of the president and directors of the said company at all times Co-operation to invite the co-operation of the states of Maryland and Virginiaofd Maryland in the construction of rail roads for the improvement of the penin- invvItgl;° sub on just and equitable principles, and to grant every facility the Pres awl for transportation and passage to the other citizens of the peninsu.. directors. la as well as those of this state, on the roads to be constructed under the provisions of this act, which can be granted consistently with justice to the said company. SECTION 23. and be it farther enacted, That the state trea- State.treasu surer be and he is hereby authorized to subscribe for and in behalfrer to substribe of this state, the sum of twenty-five thousand dollars in the capital for the State; stock of said company, to be paid in five equal annual instalments, how much, 84°. the first instalment to be paid on the fourth day of July in the year one thousand eight hundred and thirty-seven, and the whole sum to be sooner paid, if the legislature shall hereafter so order: and for the purpose of meeting this subscription the sum of moneya t noron 'eon going to the fund for establishing schools in the state of Delaware t;` rn'eelt ithe by the act entitled "An act authorizing a lottery for the benefit of same. Delaware College and for other purposes therein mentioned" and by said act directed to be invested for the use and benefit of said school fund in the stock of the "Rehoboth and Cape Charles Canal and Transportation Company" is hereby appropriated: Provided, nevertheless, the said investment of the said money shall not have been made in the said "Rehoboth and Cape Charles Canal and Transportation company" within the time designated for that pur-pose by the said last mentioned act. 20 LAWS OF THE STATE Power to SECTION 24. and b'e it further 'enacted, That the said comptt epsutracthea; se real ny shall have full power to purchase and hold all real estate neces-build wharves, sary for the purposes of the said rail roads, or any of their works; &c. to buy and build wharves, houses and shops for corporate pur-own steam. boats; poses; to purchase and hold steamboats, to ply in connection with and contract the said roads to any other place or places whatsoever; and to con-with owners oftract with the owner or owners of any steamboats and any other steam boat and rail road company for transportation and passage to and from the rpaaitlt ireosa, d nom. said roads; and when the final survey of any part of said road shall be made by the company's engineer, such survey shall be record- Recording sur-ed in the recorder's office of the county where the land surveyed vey; where is situated, and the record thereof shall be evidence of the route &c. and limits of said road. Legislature SECTION 25. and be it further enacted, That in case the said may revoke company shall hereafter misuse or abuse the privileges hereby this charter fergranted, and shall be lawfully convicted of such misuse or abuse, violations of the same. the legislature shall have power to revoke this charter, and to re-sume the rights and privileges hereby granted. Governor to SECTION 23. and be it further enacted, That the governor fill vacancies e-shall fill any vacancy occurring by the death, resignation, or mnriF the com.otherwise, of the commissioners named in the first section of this missioners. act. Passed at Dover, June 201h, 1836. CHAPTER XII. A FURTHER ADDITIONAL SUPPLEMENT to an act 3 vol entitled "an act to incorporate a company for the purpose chap. . p. 170. of cutting and making a canal between the Chesapeake Ray and Bay or River Delaware, or the waters thereof." Preamble. WHEREAS, in pursuance of an agreement by and between the Chesapeake and Delaware Canal Company and John Randel, ju-nior, and the other creditors and loan-holders of said company, this Legislature bath been requested by the said parties to enact the following provisions: and whereas, the public interest will be best consulted by the settlement of all controversies between the said parties on just and equitable principles: Therefore, Power to fund SECTION 1. Re it enacted by the Senate and House of Re-the debts of tbe presentatives of the State of Delaware in General assembly compwly given met, ,I,hat it shall and may be lawful for the Chesapeake and De-laware Canal Company to fund all the debts now clue by said company to creditors whose debts are secured, or supposed to be so, by judgments or mortgages, or are evidenced by certificates issued by said company, or clue in any other way, or for any cause or contract whatsoever, including the judgment obtained by John OF DELAWARE. 37 Randel, junior, against the said company iii 'the Superior Court of the State of Delaware, for two hundred and twenty-six thousand eight hundred and eighty-five dollars, eighty four cents, with law-ful interest from the twenty-fifth day of January eighteen hundred and thirty-four. SECTION 2. dnd be it enacted, for the purpose of so funding Certificates of their said debts, it shall be lawful for the said Chesapeake and eddebtto.00te stesystet: Delaware Canal Company to grant and issue to each and every of rat creditors its said creditors a certificate of. debt for the amount due to such creditor, which amount shall be ascertained in each case by adding to the principal sum all arrearges of interest now due, and all in-terest to become due, at the rate of six per cent. per annum up to the first day of July eighteen hundred and thirty-six, except in the case of the said John Randel, junior, whose certificate of debt, or cbeertitsfiscuaer ttoo the aggregate of whose certificates, if he shall prefer to have the John Randel, amount subdivided into several certificates shall amount to thejun. sum of two hundred and twenty-nine thousand, eight hundred h and twenty dollars, which shall be taken to be the amount due mount ttheereaof; to him exclusive of costs, as of the said first day of July eighteen hundred and thirty-six, after deducting all claims of the company against him, and shall after payment of costs as agreed by the parties, be received by him or his assigns in certificates as afore-said, in lieu of all demands against the said company, and shall both be conch;. considered as a final and absolute adjustment of all pendinsgu;d s, sive, &c. causes of action, and matters in variance between the said John Randel, junior, and the said Chesapeake and Delaware Canal Com-pany, or between him and the directors, agents, committees, cre-ditors, garnishees or any of them of said company, and every other person having acted on behalf of said company. SecTioN 3. dn&be it enacted, That the said certificates and Certificates to every of them shall, at all times, be good and valid evidences ofbe good evi. debt against the said company, and shall be deemed and taken so dente of debt; to be in all courts of justice in this commonwealth and elsewhere, as fully as if the debts had been created and the certificates pro-vided for in the original charter of the said company, and each ofeasntd bear inter. the said certificates and the whole of the said funded debt or debts which they represent shall bear interest at the rate of six per cent, per annum, payable at the office of the said company in Phi-ladelphia, on the first days of January and July in each and every year, and every portion of the said funded debt and the certificates irredeemable representing the same, except the, said portion of the said John for 20 years- Randel, junior, shall he irredeemable by the said company until except as to .1. the expiration of twenty years from the said first day of July'Uncle!, jr. eighteen hundred and thirty-six; and shall, during that period) convertible into be convertible into capital stock of the said company at the will of stock; the holder; and if there shall, at any time, be a deficiency in the means of the said company to pay the whole of the said semi-annual interest upon the whole of the said funded debt, then and Randel's debt in such case the holders of' the certificates to be issued for the said ppraeyfmerernedt oafs .ttno- John Randel, junior's portion, of two hundred and twenty-nine est-thousand eight hundred and twenty dollars shall be entitled to be 28 LAWS OF THE STATE paid the full interest due upon each and every of their said certi-ficates, so far as the means of the said company may go, before it shall be lawful for the said company to pay any portion of the interest to be paid before di- interest which may be due upon any other part.of its said funded vidends. debt, nor shall it ever be lawful for the said company to pay any dividend of profits to the stockholders or any of them, until all the interest due upon the whole of its said funded debt shall have been paid or set apart or provided for. The funded SECTION 4. and be it enacted, That the said debt of two hun-debt ofJ Ran-dred and twenty-nine thousand, eight hundred and twenty dol-calebl. ljer redeem-w, rs, so as aforesaiil to,be funded on account of the said John Ran-when, del, junior, shall be redeemable at any time within five years from the first day of July eighteen hundred and thirty-six, and it shall be lawful for the said company or for any person or persons by by whom, them employed and empowered upon such terms as may be mutu-ally agreed upon, to redeem the said debt, or any portion thereof, from time to time, at any time within the said period, at par: and pine rw, hat man. for that purpose to give notice of their intention so to do, of not less than thirty, nor more than sixty days, in two daily newspapers published in the city of Philadelphia, in two published in the city of Baltimore, and in one published in the state of Delaware; and the said redemption shall be by payments to be made at the office of the company in the city of Philadelphia upon presentment and surrender to the company of the certificate or certificates of the portion to be redeemed. And all interests and right to claim the same by any holder of any portion of the said John Ronde!, jr.'s funded debt, who shall fail to present his certificate as aforesaid, or shall refuse or neglect to accept payment, shall cease from, and immediately after the day appointed for redemption, and in lieu of the notice aforesaid, a personal notice shall be deemed sufficient, or an advertisement in two of the daily newspapers of the place in which the holder of the portion or portions intended tobe redeem-Proviso. ed shall reside. Provided, however, that this right of redemption shall always be exercised only at the time of a semi-annual pay-ment of interest falling due, and provided farther, that the said John Randel, junior, or any of the holders by assignment or trans-fer of any part of the said debt so funded for his benefit shall not he required to receive at one time a less sum than ten thousand dollars, unless the portion or share BO to be redeemed, and which may be held at any time by the said John Randel, junior, or by any other person by assignment or transfer, shall be less than that sum. If the debt of SEcTioN 5. ilnd be it enacted, That if the said debt of the said Randel be notiolin Rancid, junior, and his assigns, be not redeemed within redeemed; the said period of five years from the first day of July, eighteen rilnedy by dis. hundred and thirty-six, it shall and may be lawful for the holder tress and sake(' any portion thereof, at any time after that period, to proceed, i given; by way of distress and sale, to sell the said canal and any property belonging to the said company wheresoever the same may be found, or so much thereof as shall be necessary to redeem the por-tion of debt held by him; the proceeds of sale to be first applied ti- OF DELAWARE. 29 to the payment of said debt: Provided, that no such proceedinvaf ter notice shall be instituted until after forty days' written notice to the pre7gwen sident and directors of the said company, and a like notice pub-lished in at least two newspapers in the city of Philadelphia, and at least two newspapers in the city of Baltimore. And the said His debt pre. debt so funded for the benefit of the said John Rude', junior, and ferred, any and every portion thereof, shall have priority and precedence over any and every other debt, claim, mortgage, judgment and incumbrance, whatsoever and wheresoever, -of the said company, now or hereafter made, created, or entered into, and interest at and interest the rate of six per cent. per annum shall be payable and paid semi-thereon; annually as hereinbefore provided for, upon the said sum and every part thereof so funded for the benefit of the said John Randel, jr., in whosesoever hands it may be, in preference to all other credit-ors whatsoever; and at the expiration of the said term of five years payment there. the whole of the debt due to the said John Randel, junior, or any or preferred; holder of any portion thereof shall be paid in preference to any other creditor or creditors whatsoever as aforesaid, and if not then redeemed, then no other debts, the funding of which is here-by intended to be provided for, and no other loan to be created or raised under this act shall be redeemed in whole or in part until the whole of the said funded debt of the said John Randel, junior, be first paid and redeemed; and if to the said company it shall seem good to redeem the said debt as hereinbefore provided for byrcecre,PmanYbnlu or through any other person or persons, they shall have the pOw-ther persoyns Cr, and it shall be lawful for them to create and give to such other how, person or persons a certificate or certificates of stock for such amount as they may agree upon, to be made irredeemable as longaind t1e effect as they may deem proper, and to have such priority and seettrityt leve01' as are herein given to the said Randel funded debt, or such other as to the said parties may seem best; and the holders of the redeemed certificates shall, if required so to do, transfer them to such persons as the board of directors of said company may indi-cate. SECTION 6. and be it enacted, That the certificates to be issued Form of the by the said Chesapeake and Delaware Canal Company for the certificates; purposes aforesaid shall be in such form as may by them be deem-ed best, and most in accordance with usage in similar cases; but the certificate or certificates to be issued for the benefit of the said John Randel, junior, and all the certificates, by whomsoever hold-en, which shall represent any portion of that debt, shall contain upon the face the words "Entitled to priority of payment andtransferable. transferable;" and all the said certificates of either or any descrip-tion so to be issued, shall be transferable in whole or in part by the holder in person, or by attorney duly constituted, upon the books of the said company, in presence of its president or secretary, and upon the surrender of the old certificates in lieu of which new ones to the proper amount shall be issued. SECTION 7. dnd be it enacted, That any holder of a certificate Holders of t he for any portion of the debt so as aforesaid to be secured to the said cRaattetsdel certtf.. t. John Randel, junior, shall have the right, at any time within live render the 30 LAWS OF THE STATE same years from the said first day of July, eighteen hundred and thirty. when, six, and while the same remains unredeemed as aforesaid, to waive his right of priority of payment as hereinbefore provided for; by and take new surrendering to the said company his said certificate of pieferred certificates. ir. debt, and taking out in lieu thereof another certificate of the,same redeentable,&c.description with those hereinbefore provided for the other credi-tors of the said company whose debts are to be funded: in which case the new certificates thus to be received shall, like the said other certificates of other creditors, be irredeemable within twenty years from the said first day of July, eighteen hundred and thirty-six, and shall at any time within that period be convertible into Proviso. capital stock of the company at the will of the holder: Provided, that the right given by this section shall not exist after notice shall have been given by the company in manner hereinbefore provided for, of their determination to redeem any such certificate or portion of said preferred debt, nor shall the certificate or certificates to which said notice shall apply be thenceforward transferable until the company shall have neglected to redeem the debt thereby secured in pursuance of such notice. But if the said company shall refuse or neglect to redeem at the appointed time, then the transferability of such certificate or certificates shall revive from the period of such refusal or neglect, and be in full force, as if no such notice had been given. Tons, how and SEcTioN 8. dnd be it enacted, That all the other creditors and in was ',torpor-holders of certificates herein provided for, except the said John 1de Fs() tabfellottai;rRandel, junior, and those who may hold the certificates of his pre-creditors; ferred debt, shall be entitled to a proportional share without any priority among themselves of the net proceeds arising from the tolls after deducting all expenditures to be authorized by the com-pany or board of directors or the stockholders according to the charter to an extent sufficient to cover at all times the interest due on their said certificates; subject always to the established priority subject to the and precedence secured as aforesaid to the amount of the debt to be pRrainocriitdy d"eIb tt. h'funded for the benefit of the said John Randel, junior, and his assigns. And it shall not be lawful for the said company to make No dividends or declare any dividend to or among its stockholders, or any of to be made un-them, at any time while any portion of such interest shall remain-til all nit'st unpaid and unprovided for; nor shall interest be paid to any person paid: N or shall n. now a loanholder, or holder of a certificate for money borrowed, i terest he !mid whether secured by mortgage, or judgment, until such person to 111411 holders shall have surrendered or offered to surrender such existing cord-until, &c ficate, and have taken out, or offered to take out and receive, the new certificates herein provided for. Judgments and SEcTION 9.- 2nd be it enacted, That all judgments, vouchers ot her evidencbc°eA r of debt to ', or bonds for debts or claims shall be mutually satisfieci, extin-davered Up, guished, or delivered up cotemporaneously with the delivery by &c. the said company of certificates of funded debt as afore.gaid, save, exception as toand except that while the debt of the said John Rancid, junior, remains unsatisfied, or the certificates representing it unredeemed, his said judgment in the superior court of the state of Delaware shall be and remain as a collateral security for the amount of the OF DELAWARE. 31 said debtand said preferred certificates, and of the priority herein His judgment given; but the same tuouiriaettenruaT saau. is be vacated, if required, whenever th esc e said prpferred debt s redeemed, or whenever all the other credi-rity. tors shall have taken out certificates as herein provided for. But An entry to be in the, mean time an entry shall be made on the record of the said made on the juilgrinent by the clerk of the said court, stating that it is held and !. uecord otf lus Continued alive for the purposes expressed in this section; and if thej dgmen . said Company shall, through the medium of other persons, as here-inbefore provided, cause the said preferred debt to be redeemed, and Shall create a new set of certificates, or negotiate a loan for said purpose, the said judgment shall remain as a security for such new loanholders, if the said company shall so contract with them; and in such case it shall be the duty of the said John Randel, junior, to execute such transfers, and agree to such entries upon the said re-cord, and of the said clerk to make such entries as may be neces-sary and proper to effectuate this purpose. SECTION 10. And be it enacted, That the said Chesapeake and May borrow Delaware Canal Company shall have right and power to borrow, money from time to time, all such further sums of money as may be deemed necessary by the directors, and be agreed to by a majority in interest of stockholders and loanholders assembled or represen-ted at meetings duly called for that purpose in order to accomplish for what any of the objects of this act, or to improve, enlarge and perfect poue S. the said Chesapeake and Delaware Canal navigation, or for any other purpose which may be deemed advisable without affecting the priority of said Randel funded debt, upon such terms as may be agreed upon by the lenders and the said company, and to issue certificates for such new loans which shall bear interest, he trans-ferable, convertible and redeemable, or otherwise, according to the contract between the parties. SECTION 11. dInd be it enacted, That in all elections to be held Holders of cer. for president and directors of said company after the sixth day of tificates of debt June in the present year, and at all meetings of stockholders to be right to vote; called upon the business of the company, the holders of any certi-ficates of debt herein provided for, and of any to be created by virtue of future loans, shall be entitled to participate and to vote in person or by proxy, and in voting shall have the same rights and privileges as the stockholders; and in estimating the number of votes which any holder of a certificate shall be entitled to give, how many every two hundred dollars of the amount held by such person ov ies. shall be taken and estimated as equal to one share of the stock: Pro-vided always, that no person shall be entitled to vote upon any certificate which such person shall not have held at least two months before the election, or the meeting of business at which his vote may be offered; nor shall any vote by proxy be received, unless such proxy shall have been created within ninety days next preceding that on which such vote shall be tendered. SECTION 12. dnd be it enacted, That at all elections for presi- Directors to be dent and directors to be held after the sixth day of June in this6105"i 3 32 LAWS OF THE STATE quorum; vacancies. present year there shall be chosen fourteen directors, vvho"; togeth-er with the president, shall constitute the board of president and directors, any eight of whom shall constitute a quorum; and if at any time hereafter a vacancy shall occur in the board by death, it shall be lawful for the remaining members to fill the same by elect-ing a person to serve until the next general meeting of proprietors. Passed* at Dover, June 15th, 1836. CHAPTER XIII. Digest, 97, 98.A SUPPLEMENT to the act entitled "an act for expediting suits against corporations." SmeTioN 1. Be it enacted by the Senate and House of Repre-sentatives of the State of Delaware, in General assembly met, That when and as soon as the Chesapeake and Delaware Canal Company shall accept as a part of their charter, the act entitled, Fourth sec "A further additional supplement to the act entitled 'An act to &c.,repealedincorporate a company for the purpose of cutting and making a upon condaton.canal between the Chesapeake Bay and Bay or River Delaware or the waters thereof,'" passed at the present session; the fourth section of the act to which this is a supplement, and so much of any other act or acts of the Legislature of this State as authorizes the attachment of the tolls of the said corporation, shall be, and Proviso. the same are hereby repealed, made null and void: Provided, that nothing in this act shall extend to the repeal of any part of said last mentioned acts, except so far as the same apply to the said corporation. Passed at Dover, June 15th, 1836. CHAPTER XIV. AN ACT to incorporate "The agricultural Society of New-castle County." Incorporation. SECTION 1. Be it enacted by the Senate and House of Re. presentatives of the Slate of Delaware, in General assembly met, two-thirds of each House concurring therein, That James Canby, William Chandler, John C. Clark, James J. Brindley, James W. Thomson, Edward Tatnall, Thomas Stockton, William Herdman, Justa Justis, William J. Hurlock, Philip Reybold, Passed by the on vote and concurrence of both branches of the legiala. ture. Vide Journal of the Senate and }louse of Representatives. OF DELAWARE. William Gibbons, Henry Dupont, Alexander Read, Charles Du-pont, Colonel Thomas Robinson, Allen M 4Lane, Henry Whiteley, Samuel Wollaston and other subscribers to the Agricultural So-ciety of Newcastle County and their successors, shall be and are hereby created and made a corporation and body politic, by the name and style of "The Agricultural Society of Newcastle Conn- Title. ty" and by that name shall have succession for and during the period of twenty years from the time of passing this act, and be General power neral cors be sued, plead and be impleaded answer and defend, be answer-po. ; capable, by law, to hold property, real and personal, to sue antra' ed and defended in courts of law and equity, or in any place whatever, to receive and make all deeds, transfers, contracts, covenants, conveyances and grants whatever, and make and have a common seal and the same to change and renew at pleasure, and generally to do every other matter or thing necessary or proper to carry into effect the provisions of this act: Provided always, Proviso. that the said corporation shall not, at any time, hold more than one thousand acres of land, and that the personal property of the said corporation, shall not exceed the sum of fifty thousand dol-lars. SECTION 2. and be it further en. acted, That the said corpora-Officers-tion shall, annually, on the second Saturday of October, at the city of Wilmington, or at such other time as by the by-laws here-after to be made, may be appointed, elect from the members of election of. the said corporation the following officers: a president, ten vice-presidents, a corresponding secretary, a recording secretary, a treasurer, a counsellor, and a hoard of eighteen directors to hold their offices for the term of one year, or until others shall be chosen. The said board of directors, during their term of ser-Directors, their vice, shall have the sole management and direction of the concernsPwers of the said corporation, and are hereby authorized to make, from By-laws. time to time as they may deem expedient, such by-laws or rules for the regulation and government of themselves and the members of the said corporation, and for the regulation and government of the affairs of the said corporation, and the same to change, add to or amend as may appear necessary and proper: Provided always, Proviso. that such by-laws be not contrary to the constitution and laws of the United States or of the State of Delaware; and provided also that the said corporation shall not be authorized to make or issue, Not to have any bills or notes in the nature of bank notes, and shall be limited ebrasnkaineg pow. and restricted in their business and objects to agricultural matters, including horticulture, the rearing of silk, and the breeding and improvement of horses and cattle. SECTION 3. dnd be it further enacted, That the president, Officers here-vice- presidents, secretaries, treasurer, counsellor and directors of tofore .elected the association hereby incorporated which were chosen at a meet- to cornue tin-ing of the said association held at the Town-hall in the city of") C" Wilmington, on Saturday the seventh day of May last, shall be and remain the officers of the said corporation until other officers shall be chosen according to the provisions of this act, and that the said board of directors shall possess all the powers hereby their powers. LAWS OF THE STATE vested in the board of directors by the second section of this act; and the constitution of the said association adopted at the said meeting, held on Saturday the seventh day of May last, shall be and remain the constitution of the said corporation, until the same shall be altered by future by-laws, to be made by the said board of directors, according to the provisions of the second section of this act. SECTION 4. vInd be it further enacted, That this act shall be deemed and taken to be a public act, and that the power to revoke the same, at any time hereafter, is hereby reserved to the Legis-lature. Constitution. Public Act. Revocable by the Legisla-ture. Passed at Dover, June 16th, 1836. CHAPTER XV. AN ACT to authorize the Recorder of Deeds of Sussex Coun-ty to procure a new seal for his office. Recorder of Be it enacted by the Senate and House of Representatives tleeds for Sus.of the' Stale of Delaware in General .t2ssembly met, That the sex county 'recorder of deeds in and for the county of Sussex, shall be and he procure a new seal. is hereby authorized to procure for his office as soon as may be, a seal of steel or brass, to be made of the size, and engraved with the device of the seal now in use in said office; and the said seal when made and engraved as herein directed, shall be taken, ad-judged and deemed to be the seal of the office to which it belongs, and it shall be affixed to all writings, papers and copies where a The old seal to seal of office is required; and immediately after such new seal be broken. shall have been procured, the seal heretofore used as the seal of said office shall be delivered by the said recorder to the sheriff of Sussex county, to be by him broken. Passed at Dover, June 161h, 1836. CHAPTER XVI. Del. Laws, AN ACT to authorize the widening of Water street, in the vcorili, i. 8p, . c9h7.a p. cit city of Wilmington. SECTION 1. Be it enacted by the Senate and House of Repre- Width of wa-sentatives of the State of Delaware, in General sIssembly met, ter Street ma be increased y That the city council of Wilmington shall have power to increase . the width of Water street in the said city, from the eastern side of Orange street along the whole length of Water street, eastwardly, OF DELAWARt. 26. to that point of the said street where the Wilmington and Susque-hanna Rail Road curves off from the said street towards the Bran-dywine creek; and that the additional width of the said street shall be obtained by extending it twenty-two feet on the south or lower side of the said street beyond its present southern limit, so as to make the said street within the above-mentioned limits fifty-five feet in width. SECTION 2. .and be it further enacted, That the pavements or Pavements and footways of the said street within the limits where it shall be sofootwaYs. widened shall not exceed eight feet in breadth, any law to the contrary notwithstanding. SEcTioN 3. ./2n,r1 be it further enacted, That before any pro- Private proper. perty shall be taken or occupied for widening the said street, the ttlken °tort° bde owner or owners of the property or ground which it is intended a a use so to take or occupy shall be paid or tendered the value of the said until the owner property or ground, to be ascertained by five impartial freeholders 's Paid darna of New Castle County, not inhabitants of the said city, or a major-ges therefor. ity'of them, to be summoned by the sheriff of the said county, inDamages how pursuance of a warrant or precept under the hands of the mayor assessed. , and alderman and the seal of the said city, who are hereby autho-rized and required to grant the same, and to which the said sheriff is hereby ordered and required to pay due obedience; and the said freeholders or any three of them are to view the property to be so taken or occupied, and taking into consideration the advantages, as well as disadvantages, which may arise to the property by reason of the widening of the said street, shall assess the damage which may be done to the said property, and return the same under oath or affirmation to the city council, who are to cause the said return to be entered on the minutes of the said council, and upon payment or tender of the said assessed damage to the owner of the property, the said property may be taken or occupied for the purpose afore- .said. SECTION 4. dnd be it enacted, That if any owner or owners of If the owner any of the property that Shall be so taken or occupied shall be dis_be dissatisfied satisfied with the said assessment, said owner or owners may apply swesitshmetter to the superior court of the state of Delaware in and for Newcastle writ of ad quod county, and the said court may direct a writ of 'ad quod damnum' damnum shall to be issued, commanding the sheriff of the said county to inquire issue, &c. by twelve impartial men of his bailiwick under their several oaths or affirmations, what damages will be sustained by such owner or owners by reason of widening the said street, taking into consi-deration the advantages tis %veil as disadvantages which may arise to the property by reason of widening said street as aforesaid: and thereupon the said sheriff shall inquirnaccording to the command of the said writ, and make his return of his proceedings under said writ, and when the return and proceedings of the sheriff under the writ shall be confirmed by the court, it shall be final and conclu-sive upon all parties. Passed at Dower, June 17th, 1836. 86 LAWS OF THE STATE CHAPTER XVII. Del. Laws,A FURTHER SUPPLEMENT to an act entitled "dn act to chapcxp. 107, incorporate the Wilmington and Susquehanna Rail Road Company." Increase capi. SECTION 1. Be it enacted by the Senate and House of Repre-tal stock, sentatives of the State of Delaware, in General dssembly met, That the Wilmington and Susquehanna Rail Road Company shall have power to increase the capital stock of the said company, or to or borrow m°*borrow such sum or sums of money as shall be necessary to corn- "Y. plete the rail road from the line of Pennsylvania and Delaware to the Susquehanna river, and to erect the necessary and appropriate buildings, and supply locomotive engines, cars and steamboats, for the proper transportation of passengers, goods, wares and mer- Proviso. chandize: Provided, that the power herein granted shall be limit-ed to the purposes mentioned, and that the money to be raised, Limitation, either by loan or increase of capital, shall not exceed three hun-dred thousand dollars, and provided also, that the right of taxing Taxation, the said sum, when it shall become a part of the capital stock of the said company, shall be reserved to the legislature. Passed at Dover, June 17, 1836. CHAPTER XVIII. AN ACT to authorize John Stradle,y, minor, or his guardian, to erect a gate across a public road therein described. Authorized to SECTION I. Be it enacted by 'the Senate and House of Repre-erect a gate a.scntatives of the State of Delaware, in General dssembly met, cross public That it shall and may be lawful for John Stradley, minor, or his road. guardian, or other person in possession, to erect 'and place a gate across the public road through Mispillion neck, leading from Fre-derica to the Delaware bay, through lands of the said John Strad-ley, at or near the place where the said road crosses a canal or ditch leading from Baucum-Brig Gut to Murderkill creek. Penalty for in. SECTION 2. 2nd be it further enacted, That if any person jury to the or persons shall destroy or injure the said gate, or pass through same, and leave the same open, or open the said gate and leave it open without passing through, he, she or they so offending, for every offence, shall forfeit and pay a sum of money not exceeding ten dollars, which may be sued for and recovered as debts of like amount are recoverable by the laws of this state, by any person or persons who shall sue for the same; and shall also pay to the person or persons injured all damages that may be sustained by Proviso, reason of such neglect or wilfulness: Provided, nevertheless, it OF DELAWARE. 37 shall be the duty of the said John Stradley, minor, and his guar-dian, and other person in possession of the lands of said John Stradley, and of each of them, to keep the said gate in good repair, and in such manner as shall be most convenient for. the citizens or persons passing or repassing through the same to open and shut the same. Passed at Dover, June 17, 1836 . CHAPTER XIX. AN ACT to enable William Inskeip, of Newcastle county, to raise his mill dam, and/or other purposes therein mentioned. ( Private act.) Passed at Dover, June 17, 1836. CHAPTER XX. AN ACT providing for the sale of certain houses and lots of land in. the city of Wilmington, belonging to Harriet Broom, a lunatic, now residing at Washington city. ( Private act.) Passed at Dover, June 17, 1836. CHAPTER XXI. AN ACT for the relief of John Lamb, a non-resident insolvent debtor. ( Private act.) Passed at Dover, June 17, 1836. 11111.---. CHAPTER XXII. A FURTHER ADDITIONAL SUPPLEMENT to an act en- .8 vol. p. 273, titled "an act to extend the time for recording of deeds." chap. 265. SzonoN 1. Be it enacted by the Senate and House of Repre- Time for re. sent atives of the State of Delaware, in General assembly met, cording exten- That all deeds or letters of attorney concerning lands, tenements, dal. 38 LAWS OF THE STATE or hereditaments, sealed and delivered before the first day of Sep.- tember, one thousand eight hundred and thirty-five, first being ac-knowledged or proved, and the acknowledgment or proof certified according to the laws of this state in force at the time when such acknowledgment or proof was made, may, with the certificate of the acknowledgment or proof and all endorsements and annexa-tions, be recorded in the office for recording of deeds-in the county wherein such lands, tenements, or hereditaments, or any part thereof, are situated, if lodged in such office On or before the first day of September in the year,of our Lord one thousand eight hun-dred and thirty-seven, and the said record, or a copy thereof, shall be sufficient evidence; and from and after the first day of Septem-ber, in the year last aforesaid, no deed or letter of attorney, sealed and delivered before the said first day of September in the year of our Lord one thousand eight hundred and thirty-five, shall be recorded. Duty of Sec. SECTION 2. elnd be it further enacted, That it shall be the of State to pub-duty of the secretary of state, and he is hereby required to publish Ste. for the space of two months from the first day of August next, a copy of this act in two or more newspapers printed within this state. Passed at Dover, June 17th, 1836. CHAPTER XXIII. 8 vet. 50,A SUPPLEMENT to the act entitled "4 supplement to an chap. lxix. act entitled 'afin act ceding the jurisdiction which this state now has over certain parts of the shore, bed and waters of the Delaware bay, with a reservation therein named.' SECTION 1. Be it enacted by the Senate and House of Repre- Rofep"ea.I/of partsentatives of the State of Delaware in General dssembly met, That the provisions of the first section of the act to which this is a supplement, which allows the sweeping for and taking possession of any anchors, chains, cables or buoys, between the first slays of and of sec 2' November and April, and the second section of said act, which limits the operation of said law, be, and the same are hereby, re-pealed, made null and void. Passed at Dover, june 17th, 1836. OF DELAWARE. 39 CHAPTER XXIV. A SUPPLEMENT to an act entitled "./2n act to revive and renew the act entitled "./2n act to incorporate the Brandy-8 vol. p. 248, wine and Christiana Manufacturing Company, and to ex-chap, cccxlix. tend to the provisions of the same to the corporation in and by this act created." SECTION 1. Be it enacted by the Senate and House of Repre-s'entatives qf the State of Delaware in General dssembly met, Name changed (two-thirds of each branch of the Legislature concurring,) That the name of the Brandywine and Christiana Manufacturing Company be changed to "The Brandywine Manufacturing and Banking Company" and that all the powers, privileges, rights, immunities and capacities granted by the act to which this is a,.,,; powers, supplement, and .which are not herein and hereby enlarged&e. extended restricted, or otherwise altered, be transferred to and conferred and transferred upon the said "Brandywine Manufacturing and Banking Compa-ny SECTION 2. Be it further enacted, That the capital of the said Brandywine Manufacturing and Banking Company shall be and Capital. not exceed one million of dollars,, divided into shares of fifty dol-lars each, and be certified, held and assignable according to the provisions of the by-laws of the company. transferable, how. SECTION 3. Be it further enacted, That the estate and proper-ty of "The Brandywine and Christiana Manufacturing Company" The estate and described in the first schedule hereunto annexed shall, at a Valtift-property in 1st tion thereof to be made in writing by Edward Tatnall, Alfred Du- sclhedule of the Pont, John Gordon, James Price, Thomas Robinson, Charles I. rcain osit!errprocrrtoori DuPont, Samuel Bally, William Polk, Daniel Corbit and Richard the new corp.. Mansfield, or a majority of them, become the property of this ration, at a va. company and constitute part of the capital stock thereof, and thatilnuaar by, toacbe certificates for shares of fifty dollars each shall be issued toand bcome the present stockholders of the said "Brandywine and Christiana part of the ca. pMeacntiuvfea cintuterirnegst sC oinm tphaen ysa"i dt oc othme peaxntye nfto ro ft hteh ea gvgarleugea toef atmheoiurn rte os-f bg eu ni2s.1cs2u aetde sth etroe . said valuation, upon execution by them of a proper and legal con-for; veyance of all the said estate and property to the corporation cre- and so also as ated by this supplement; and also that the estate and property toof tjhaempersTarnty. described in second schedule hereunto annexed, as the property of by in Sem. James -Canby, shall become the property of this company, and dule 2t constitute a part of the capital stock thereof, at a valuation thereof to be made in writing by Edward Tatnall, Alfred DuPont, John Gordon, James Price,*-Thomas Robinson, Charles I. DuPont, Samuel Bailey, William Polk, Daniel Corbit and Richard Mans-field, or a majority of them, and that certificates for sh.,,As certificates of of fifty dollars each as shall amount to the valuation last mention"e' d",s tsouecdk ttoo beh i'ims. shall be issued to th.e said James Canby upon the execution by him therefor. of a proper and legal' conveyance to the company of the estate and 4 38 LAWS OF THE STATE or hereditaments, sealed and delivered before the first day of Sep-tember, one thousand eight hundred and thirty-five, first being ac-knowledged or proved, and the acknowledgment or proof certified according to the laws of this state in force at the time when such acknowledgment or proof was made may, with. the certificate of the acknowledgment or proof and all endorsements and annexa-tions, be recorded in the office for recording of deeds in the county wherein such lands, tenements, or hereditaments, or any part thereof, are situated, if lodged in such office On or before the first day of September in the yearof our Lord one thousand eight hun-dred and thirty-seven, and the said record, or a copy thereof, shall be sufficient evidence; and from and after the first day of Septem-ber, in the year last aforesaid., no deed or letter of attorney, sealed and delivered before the said first day of September in the year of our Lord one thousand eight hundred and thirty-five, shall be recorded. Duty of Sec. SECTION 2. dmd be it further enacted, That it shall be the of State topub duty of the secretary of state, and he is hereby required to publish WI, &c. for the space of two months from the first day of August next, a copy of this act in two or more newspapers printed within this state. Passed at Dover, June 171/i, 1836. CHAPTER XXIII. 8 vol. p. 50,A SUPPLEMENT to the act entitled "d2 supplement to an chap. lxix. act entitled Wn act ceding the jurisdiction which this state now has over certain parts of the shore, bed and waters of the Delaware bay, with a reservation therein named.' " SECTION 1. Be it enacted by the Senate and House of Repre-onespecea. 11o;f partsentatives of the State of Delaware in General dssembly met, That the provisions of the first section of the act to which this is a supplement, which allows the sweeping for and taking possession of any anchors, chains, cables or buoys, between the first ,days of and of sec 2. November and April, and the second section of said act, which limits the operation of said law, be, and the same are hereby, re-pealed, made null and void. Passed at Dover, June 17th, 1836. OF DELAWARE. 39 CHAPTER XXIV. A SUPPLEMENT to an act entitled "dIn act to revive and renew the act entitled "eln act to incorporate the Brandy-8 p. 248, wine and Christiaizci Manufacturing Company, and to ex-chap, cccxlix. tend to the provisions of the same to the corporation in and by this act created." SECTION 1. Be it enacted by the Senate and House of Repre- Sentatives of the State of Delaware in General 48sembly met, Name changed (two-thirds of each branch of the Legislature concurring,) That the name of the Brandywine and Christiana Manufacturing Company be changed to "The 'Brandywine Manufacturing and Banking Company" and that all the powers, privileges, rights, immunities and capacities granted by the act to which this is a certain powers, supplement, and .which are not herein and hereby enlargedttc. extended restricted, or otherwise altered, be transferred to and conferred and transferred upon the said "Brandywine Manufacturing and Banking Compa-ny." SECTION 2. Be it further enacted, That the capital of the said Brandywine Manufacturing and Banking Company shall be and Capital. not exceed one million of, dollars', divided into shares of fifty dol-lars each, and be certified, held and assignable according to the provisions of the by-laws of the company. transferable, how. SEorwrr 3. Be it further enacted, That the estate and proper-ty of "The Brandywine and Christiana Manufacturing Company" The estate and described in the first schedule hereunto annexed shall, at a valua-property in 1st tion thereof to be made in writing by Edward Tatnall, Alfred Du- oscidiledule of !he Pont, John Gordon, James Price, Thomas Robinson, Charles I.trans trer ir)roerda t Ton DuPont, Samuel Bally, William Polk, Daniel Corbit and Richard the new corpo. Mansfield, or a majority of them, become the property of this ration, at a va. company and constitute part of the capital stock thereof, and thatimuaar by, tosmbe certificates for shares of fifty dollars each shall be issued to awl become the present stockholders of the said "Brandywine and Christiana part of the ca. Manufacturing Company" to the extent of the value of their res- Pe;ialfie cat s pective interests in the said company for the aggregate amount of be itssuedthetroe . said valuation, upon execution by them of a proper and legal con-for; veyance of all the said estate and property to the corporation cre- and so also as ated by this supplement; and also that the estate and property t:f jth aenii)erso pjarnty described in second schedule hereunto annexed, as the property of by in sene. James 'Canby, shall become the property of this company, and dule 2; constitute a part of the capital stock thereof, at a valuation thereof to be made in writing by Edward Tatnall, Alfred DuPont, John Gordon, James Price,*.Thomas Robinson, Charles I. DuPont, Samuel Bailey, William Polk, Daniel Corbit and Richard Mans-field, or a majority of them, and that certificates for shares k certificates of of fifty dollars each as shall amount to the valuation last mentioned, sued t ti be is-shall be issued to the said James Canby upon the execution by-him therefor. of a proper and legal conveyance to the companSr of the estate and 4 40 LAWS OF THE STATE Residue of ca property described in the said second schedule; and for the pur-pita( stock pose of obtaining subscriptions to the residue of the stock of the commissioners company, Doctor James W. Thomson, John H. Price,..lohn Gor-appointed to o-don, James A. Bayard, Stephen Bonsall, David C. Wilson, Peter pen books Keyser, Charles W. Churchman, Isaac Starr, John White, Thomas therefor; Gilpin, Erasmus D. Wolf, William A. Budd and Samuel Comly are hereby appointed commissioners; and they or any three of them are hereby authorized and empowered to procure a sufficient number of suitable books, and cause the same to be opened at such place or places as they shall determine in the city of Wilmington, and in the city of Philadelphia, on Wednesday, the twelfth day of October next ensuing the passage of this act, for the purpose of receiving subscriptions to the residue of the said shares of the ca-pital stock; in each of which books they shall enter as follows: and how to be "We whose names are hereunto subscribed do promise to pay opened to 'The Brandywine Manufacturing and Banking Company' the sum of fifty dollars for each and every share of stock set opposite to our respective names, in such manner, proportions, and at such times as shall be directed by the president and directors of the said company." And the said commissioners shall cause advertisements to be in-serted in two newspapers printed in the city of Wilmington, one in the town of Newcastle, and two or more printed in the city of Philadelphia, of the place or places' day and hour, when and where the said books are to be, opened, at least fifteen days before the said twelfth day of October, at which place and time two or who may sub. more of the said commissioners shall attend and permit all free scribe; white persons of lawful age, who may offer to subscribe in said for how many hooks in manner following, that is to say: On the first day on shares; which said books are opened, no person shall subscribe for more than five shares, either in his own name, or as attorney for another; and on the second day no person shall subscribe for more than ten shares, either in his own name or as attorney for another; and if at the expiration of the second day, the residue of the shares of the said stock shall not have been subscribed for, then on the third or any following clay on which the said books shall he opened, it shall be lawful for any person or persons of lawful age, in their own names or as attorney for another, to subscribe for any number of shares of the said residue of the shares of the said stock, until how longbooks the whole number of shares thereof shall be subscribed: and the to be kept 0-said books shall be kept open at least six hours in each day for the pwehne; n to be space of at least ten days, unless the said shares shall be sooner sub-closed; scribed, and when the said residue of shares is subscribed, the said books shall be closed. No subscriptions shall be received by the payment on commissioners unless the person offering to subscribe shall pay to subscribing; the commissioners at subscribing the sum of five dollars, in gold or silver, or notes of some specie-paying bank, on each' share by him or her subscribed, for the use of the company: but nothing in this act contained shall be construed to prevent any of the said subscri-bers from paying to the said commissioners at the time of subscri-bing the full sum of fifty dollars on each and every share by him Or her subscribed, for the use of the company; the said payment to when, and where- OF DELAWARE. 41 be made in gold or silver, or notes of some specie-paying ',ink. In gold, silver, In case the whole of the said residue of said shares be not subscribed /case said re. for as aforesaid at the expiration of the said tenth day of openingsidue of the the said books, then the said commissioners, or a majority of them, capital be not ub before the said company shall have gone into operation, and after s scribed; the said company shall have gone into operation, then the president power to sell and directors of the said company shall have the right and power, the balance giv if they deem proper, to sell and dispose of any part or portion ()fen. said residue of said shares which shall not have been subscribed for as aforesaid, by way of public auction, to the highest and best bid-der or bidders for the same, to and for the use and benefit of the said corporation, after first ,giving ten days' public notice of the time and place of such sale or sales by advertisements to be insert-ed in two newspapers printed in the city of Wilmington, and two or more newspapers printed in the city of Philadelphia; and the purchaser and purchasers of said stock at any such sale shall be and become stockholders of the said company for and according to the number of shares so by them purchased as aforesaid, respec-tively, in the same manner as if they had taken the same by sub-scription as herein aforesaid: Provided, nevertheless, that the Proviso. said shares of stock shall not be sold and disposed of at any such sale for less than fifty dollars for each and every share so to be sold as aforesaid. SEcTioN 4. and he it further enacted, That the said commis- Meeting of sioners, as soon as conveniently May be after the said residue thubscribers the shares is subscribed as aforesaid, shall give ten clays' notice in tecr subscril?' two newspapers printed in the city of Wilmington, one printed int:dn.' .compte-the town of New Castle, and two printed in the city of Philadel-phia, of the time and place in the city of Wilmington at which the to organize. said subscribers shall meet in order to organize the said company; and the commissioners, or any two of them, may hold the election, at which time and place the said subscribers shall choose by a ma-jority of votes, to be given in person or by proxy, seventeen Directors to be directors, a majority of whom shall be residents of this state, and ch'se"; all of them stockholders and citizens of the United States; and the I said directors at their first meeting after the said election shall. a presi. choose one of their number as president of the said company; and the said president and directors when chosen shall have authority to appoint such other officers and agents as shall be deemed neces-oiher officers sary and proper for conducting the business of the company; and and agents. they shall transact and direct the business of the company until Powers of Pres the first Monday in February in the year of our Lord one thou-and directors. sand eight hundred and thirty-eight, and until others are chosen in their places, and may make such by-laws, rules and regulations, By.laws. not repugnant to the constitution and laws of the state, nor of the United States, as may be proper to the well governing of the affairs of the said company: Provided, that no by-laws shall be Proviso. enacted or repealed by less than two-thirds of the said directors, including the president as one. SEenox 5. e2nd he it farther enacted, That the stockholders General meet. shall meet on the first Monday in February in the year of our LAWS OF THE STATE Lord one thousand eight hundred and thirty-eight, and on the ings of stock- same day in every year thereafter, in the city of Wilmington, of holders; which twenty days' notice shall be given in four newspapers, two printed in the city of Wilmington, and two printed in the city of Philadelphia, at which meeting the stockholders shall choose by a and choose di-majority of votes to be given, by ballot, in person or by proxy, rectors, Etc. seventeen directors, a majority of whom shall be residents of this State, and all of them stockholders and citizens of the United States; and the said directors, at their first meeting after each election, shall choose one of their number as president of the said company; and the said directors shall continue in office for and who may be during the eusuing year and until others are chosen. No person director; shall be elected or permitted to take his seat as a director unless he shall be, at the time, a stockholder; and if, at any time, he shall cease to be a stockholder, he shall cease to be a director, and rotation in or- not more than three-fourths of the directors in office who shall have fice. been chosen by the stockholders, exclusive of the president, shall be eligible for the next succeeding year, but the director who is special meet- president of the said company, at the time of the election, may be nigs; re-elected: and special meetings of the stockholders, of which like notice shall be given, shall also be called by the president and di-rectors, upon request in writing of stockholders holding one thou-sand shares of the capital stock, or by the president and directors removal of di-when deemed necessary; at which annual or special meetings the directors; stockholders shall have the right and power by a majority of votes of removing any director and of filling the vacancy occasioned by voting, how such removal: the number of votes to which each stockholder shall graduated be entitled, shall be according to the number of shares he or she shall hold in the proportions following, that is to say: for one share and not more than two shares, one vote; for every two shares above two and not exceeding ten, one vote; for every four shares above ten and not exceeding thirty, one vote; for every six shares above thirty and not exceeding sixty, one vote; for every eight shares above sixty and not exceeding one hundred, one vote; and for every ten shares above one hundred, one vote. But no per-son, copartnership or body politic shall be entitled to a greater num-ber than thirty votes; and after the first election no share or shares majority to shall confer a right of suffrage which shall not have been holden govern; three calendar months previous to the day of election; and at all the meetings of the stockholders, the proceedings shall be con-judges of elec. ducted in such manner as a majority of those present shall pre-tions, scribe: but at every election of directors, or to fill a vacancy or vacancies occasioned by removal, three stockholders not being di-mode of elec-rectors shall be appointed "Judges of the said election" by a ma-jority of the stockholders present; and they shall, before acting as such judges, take and subscribe an oath or affirmation before some judge or justice of the peace "well and fairly, according to law, to conduct the election of which they are appointed judges" and the said judges shall decide upon the qualifications of voters, and shall when the said election is closed, count the votes and declare Failure to elect who has been elected, to the meeting, and certify the same to the isto not to die existing president and directors. In case it shall happen, at any OF DELAWARE. 43 time, that an election of directors shall not be made, the e,orpora_solve the cor-tion shall not be thereby dissolved, but it shall be lawful to hold poration. said election at any day to which the annual meeting of the stock-holders may be adjourned, or at any special meeting called accord-ing to the provisions of this section; and in case the said directors shall fail to choose one of their number as president of the com-pany at the time hereinbefore provided, it shall be lawful for them to make such choice at any subsequent meeting. All corporate SreTtoN 6. and be it further enacted, That all the corporate powers to be powers of the said company shall be exercised by the president exercpised by and directors and such other officers and agents as they shall ap- dtlitree orress . and point. All by-laws, rules and regulations shall be made by the pre-and all by-laws sident and directors, the president voting on all occasions as a di-made by them; rector; but no by-law shall be enacted or repealed unless by a.meet'of the vote of two-thirds f all the directors. All meetings of the direc- rs tors, whether stated or occasional, shall be held or called as fixed quorum; o direcitnog by by-laws; and seven directors shall constitute a quorum for the salaries; transaction of business. The salaries of the president and all other officers appointed by the directors shall be ascertained by by-lawS;and compensa-but the compensation of temporary agents may be allowed by the doll; directors at any meeting. All vacancies occasioned by death, signation or otherwise of either president or a director, shall rbe-ev acancies. filled by the directors, exc |
| Date Digital | 2010 |
| CONTENTdm file name | 3071.cpd |
Description
| Title | Laws of the State of Delaware - Volume 9 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF IlELAWARE, FROM THE TWENTY. THIRD DAY OF JULY, ONE THOUSAND EIGHT HUNDRED AND THIRTY. FIVE, TO THE TWENTY. EIGHTH DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND FORTY. THREE. VOLUME IX. PUBLISHED BY AUTHORI!' 1'. DOVER, DELAWARE, 5. XIl[ lIlEY, PRINTER. 1843. |
| CONTENTdm file name | 50183.pdfpage |
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