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1,4 '
: %.".. 4 4 COMMENCED AND IILD AT DOVER,
-
,
THE YEAR OF ORR LORD, . ' .
. kstSatoiv or THE GENERAL ASSEMBLY, . . tp,
, .
IN
-
ON TUESDAY THE SEVENTH DAY OF JANUARY,
ATE OF DELAWAR: k 4 9
.
PASSED AT
ONE4HOUSAND EIGHT HUNDRED AND FORTY- FIVE,
t+ HE SIXTYVINTH.
Inr.: 461110111TY.
,
, DOVER,- DELA
5. KIMX" PRINTER.'
ar 1845.
INDEPENDENOE OF THE UNITED STATES
'
e
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 10 |
| Date Original | 1845 |
| Description | Laws of the State of Delaware. Passed at a Session of the General Assembly, Commenced and Held at Dover, on Tuesday, the Seventh Day of January, in the Year of Our Lord, One Thousand Eight Hundred and Forty-Five. Volume X. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | S. Kimmey, printer |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text |
-
,
I
1,4 '
: %."..4 4 COMMENCED AND IILD AT DOVER,
-
,
THE YEAR OF ORR LORD, . ' .
. kstSatoiv or THE GENERAL ASSEMBLY, . . tp,
, .
IN
-
ON TUESDAY THE SEVENTH DAY OF JANUARY,
ATE OF DELAWAR:k 4 9
.
PASSED AT
ONE4HOUSAND EIGHT HUNDRED AND FORTY-FIVE,
t+HE SIXTYVINTH.
Inr.:461110111TY.
,
, DOVER,- DELA
5. KIMX"PRINTER.'
ar 1845.
INDEPENDENOE OF THE UNITED STATES
'
e
A
TI18
STATE OF DELAWARE,
\CHAPTER I.
X.,
AN ACT to revii,e and contininloree an da. entitled "4n act
vesting in and granting. aid conveying to 7'hanias S.- Butcher,
Rebecca DurltaMMary PeaniPlicebe Dean aid John Deitn.,- all
*4 the right, title, interestandelaim of the State of Delaware4n and
to certain lands. and,real -estate and personal property .tphiRh;a
certain Jesse Dean, now deceased, died seized and posseiiihit
entitled to, therein mentioned."
Private act.'
Passed at Dover, January 13, 1845.
. 5
CHAPTER
AN ACT to enable James C.:Lowe, a minor, by his guardian Wil-liam
Lowe, to remove fromjhe State of Maryland into this State
certain negro slaves thereamentioned, and to hold them as slaves.
Private act. 1 '4
...Passed at Dover, January 15, 1845.
...))11110410...
CHAPTER III.
-
.AN ACT to vest Me title of a certain tract of salt marsh in William
W. Morris:
Private act:
. Passed at Dover' Vanuary 15, 1845.
,
.4,
1.
Meeting of
aubscribers
after sub.
scription of
00,000.
LAWS OF Txg.
.CHAPTER Iv..
AN ACT to incorporate the Stanton McinfifaCtUring_cbmpany.
-
WHEREAS, it has been represented to this general Assembly by
the petiOn'=of Samuel Bailey, that he is possessed of a valuable
Water power and landed estate with sundry improvements, adjoin-ing
the village of Stanton, Mill Creek hundred6NeW Castle coun-ty,
DelaWare, called "Stanton Mills," occupied by Joseph S. Bailey,
which heil`desirous to incorporate. Therefore,
SECTION 1. Be it enacted by the Senate a2z4 House of Represen-tatives
of the State of Delaware in GeneralSsie nibly met; (tivo-thirds
of each branch of the Legislature concurring,)4T hat the said Samuel
Company in. bailey, Joseph S. Bailey and such others as may be hereafter as-ccirporated.
sociated with ,them, for the purpose of:Carrying on the manufac-ture
of cotton, woollen, ilax, iron, or any other material which
they ma 3i from time tolime'addpi or substitute, at their estate called
"Stanton Mills," in New -Castle county, shall be and are hereby
ordained and declared to be a body politic and corporate by the
-Name. name of the Stanton Manufacturing Company, and by that name
they and their successors and assigns shall and may have con-tinued
succession for twenty years and no longer, and be capable
Powers. to sue and be sued in courts of law and equity; to purchase, take,
enjoy, sell and alien lands, tenements, hereditaments, goods, chat-tels
and effects of every nature, which may be connected with or
conducive to the purposes for which said corporation is established;
to ha ve a common seal, to ordain by-laws for their own government,
not repugnant to the constitution or laws of the United States or
of this State, and to enjoy flIe franchises incident to a corporation:
Provided always, that the said corporation shall not have nor exer-
Banking cise any banking powers whatever, and that the said capital stock
phoibwitecrds. pro. shall not exceed thesum of two hundred thousand dollars, divided
Capital stock. into shares of two hundred dollars: Provided also, that the prowl.
Shares. sions of this act may at any time he revoked or repealed, when
deemed expedient by the Legislature,
SEC. 2. And be it further enacted, That David C. Wilson, James
Comm'rs. up. Canby, John H. Price, William Lea, George Craig, Stephen Bon-pointed
to sal, Thomas Lea, John Brinkte, Isaac Starr, Joseph King, John receive Hub- Ke1s0, Johns Flopking, are appointed commissioners to receive
sub.scriptions to the stock of the company, and to open% book or books
for that purpose, at such times, in such places and under such re-..
gulations as they or a majority of them shall deem proper; that in
ten days after the books as aforesaid shall be opened, if the sum of
twenty thousand dollars of the said capital stock shall then be sub-scribed,
or as soon thereafter as the said sum of twenty thousand dol-lars
of the said capital steel( shall be subscribed, the commissioners
aforesaid or a majority of them. shall call a meeting of the subscri-bers
to said capitallitock to be held at a time and place bTsaid
STATlar.OF,DELAWARE.
concthissiO'nerior'fi fna.jorq-Otithe,' aaltberippointed, and shall
give notice)of such meetingand:the,--fina'elarid, place thereof, by ad-vertisement-
in, at-leastopemewspapeelin e thiiss tate; at
Ieest,:leip,daYs 1.),efotethOltirile of said meetirfei,afifl,,t4he subscribers
*who' sbale,tcase-rilble tit siach meeting, and the:'-piOXies of4nch,..-as
shallbe.-abSent, shall elect five directors,.voting by ballet;`:eac,hShare Directors to
of-ateOlcshalPbe 6titled to one vote, and said directoraustIe- be elected.
ccive majority of the..votes given at such meeting, and,sacli'bal
loting;shallrbe'macie:from time to time, until the requisite number of
'shall-have-such majority; if any director cease to
stockholder, and-if any vacancy or vacancies shall occur, éthOr by
death, resignation, refusal to serve, or from any otheKdatise, the
remaining director or directors Shall choose one ormore; directors
until file -next election iii-tourse, or until successors shall'be;duly
chosen; but if vacancies shall exist in all the:officei of directOri;.or,
if such, directors shall not-be chosen at the time appointed herein, Failure to
this corporation 'shall not thereby cease, but in the foirner case elect direc
such persons shall manage the business and concerns-a:the said tars not
corporation as nay be provided by itsby-laws, and the latter.case, solution- of"
the directors shall continuein-office until, successors shall be actual- the corpora.
ly chosen, and enter upon the duties of their office. The directors ti°n
shall choose among their number a president, who shall have such
powers end duties as shall be provided by the by-l' nws the annual President.
meeting of the stockholders shall be on the second Tuesday of
February in- every'year; all by-laws must be made by the stock-holders
at their annual or other meetings.
SEC. 3. And be it further enacted,. That on the day of the first
meeting of the subscribers to be held as afore'said, the subscribers Payment of
respectively shall'pay to the directors Who shall then be chosen, subscriptions
five dollars upon each and every share which they respectively shall "'
have subscribed to the capital -stocky:aforesaid, and the residue of
the amount:so-subscribed for, in such manner, in such instalments
and at such times as the president and directors shall appoint: and
the president and directors shall give at least ten days' public no-tice,
of the manner and time which they shall appoint for the pay-ment
of the remaining instalments of said capital stock by adver-tisement
to be ,inserted in at least one newspaper published in this
State.
SEC. 4. And be it further enaCted, That if no payment shall be
made upon a share or shares at the time of the first meeting of the Neglect to subscribers aforesaid, or if any of the instalments which may be pay instal-called-
for as aforesaid by the president and directors shall not be meats.
paid within sixty days next after the time in said call appointed for
the payment thereof, the president and directors may either declare
such share or shares forfeited, in which case, they may be disposed
of at the pleasure Of the corporation, or they may in the name of
the corporation sue for and recover the Suir04-,as aforesaid paya-ble
at the first meeting of the subscribers, and also the instalment
or instalments or part or parts so called: and no Stockholder who
)1
V
kt
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tv,
SECTION). . :Be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Asainibly met, (tivo-thirds
of each branch of the Legislature concurring,ytThat the said Samuel
Company in. t alley, Joseph S. Bailey and such otherses may be hereafter as-cciporated.
sociated with., them, for the purpose of aarrying on the manufac-
.., thetyure of cotiOh,- woollen;:ilax, iron,- or any other material which ma from tithe tolitneadept or substitute, at their estate called
"Stanton Mills," in-NeW-Castle county,, shall be and are hereby
ordained and declared to be a body pelitic and corporate by the
Name. name of the Stanton Manufacturing company, and by that name
they and their successors and assigns shall and may have -con-tinued
succession for twenty years and no longer, and be capable to sue and be sued in courts of law and equity; to purchase, take,
.
- enjoy, sell'and, alien lands, tenements, hereditaments, goods, chat-tels
and effects of every nature, which may be connected with or
conducive to the purposes for which said corporation is established;
to have a comtnon seal, to ordain by-laws for their own government,
not repugnant to the constitution_or laws' of the United States or,
of this State, and to enjoy the ,franchises inCident to a corporation:
Provided always, that the said corporation shall not have nor exer-"
na n...ng aka any banking powers whatever, and that the said capital stock
powers pro. shall not exceed thesum of two hundred thousand dollars, divided
hiapital stock.
bited. c into shares of two hundred dollars:: Provided also, that the provi-
Shares. sions of this act may at any time ho revoked or repealed, when
deemed expedient by the Legislature:
SEC. 2. .11nd be it further enacted, 'That David C. Wilson, James
Commirs. rip- Canby, John EL Price, William Lea, George Craig, Stephen Bon-pointed
to sal, Thomas Lea, John Brinkle, Tiaac Starr, Joseph King, John receive
nsub- scriptios. Kelso, Johns Hopkin,g, are appointed commissioners to receive sub-scriptions
to the stock of the company, and to open% book or,books
for that purpose; at such times, in such,places and under such re-s
gulations as they or a majorityof thorn shall deem proper; that in *
ten days after the books as aforesaid Shall be opened, if the surri,of
twenty thousand dollars of the said capital stock shall then- be sub-
Meeting of scribed, or as soon thereafter'as the said sum of twenty thousand dol-sauftbesrc
rsiubbe.r s lars of the said capital stock shall be 4ubscribdcl, the commiSsioners
=titian of aforesaid or a majority'Of them .shall call it meeting of the sUbscri-
820,000. bers to said eapitaUtock to be held at a time. and. place by,said .
-
4. LAWS OF, TkI,E:,
AN ACT, to incorPin.ate the Stanton Afainfitetn,r ing"Pbmpany.
WHEa4S-,It has been represented to this general Assembly by
the petifi4ifOf Samuel Bailey, that-he is possesseli of .a valuable
water power and landed estate with sundry imprOvements, adjoin-ing,
thaAfillage of Stanton, Mill Creek hundred,'4NeW Castle boun-ty,
Delakare called "Stanton Mills," occupied kyJoseph:S. Bailey,
Whi.c h lie A::clesirous to incorporate. Therefore, -
.0 APTER I
STAiTE:OF
'
confthissteners -or te.-majort , off-XiAt40,e,- appointed, and shall
give noticeof such meetinglinfF.the,,tiqe,arid;'place.thereof, by ad-
- vertisementiii-Jat,leastiffO'hewspaper4OhliShed:in this State; at
'leastclewday's-h,efore4hOtirile of said rtieeting,t.00he subscribers
who shall assemble at such meeting, and the proxies
shall'bealAelit Slialt elect five directers,.voting by ballbt;',;Share Directors to
of ittick:Shall.:be entitled to one vote; and said directors must be elected.
-ceiVe'a'majority.,-"Oltho votes given at such meeting, and
lotingshalFb4Oinade..fr'om time to time, until the requisite number of
directors shall-Kaye-, such majority; if any director cease.; tO
stockholder, and if any vacancy or vacancies shall occur,i-eitherby..
death, resignation, refusal to serve, or from any otheKdailse, the
remaining director or directors Shall choose one or.more---directors
until the nextelection,iti-courso, or until _successors Shall be,;duly
chosen;-but if vacancies shall exist in all the.;offices of direeterS;,or
if such directors shall not be chosen at the time appointed -herein, Failure to
this corporation "shall not thereby cease, but in the foririer case elect direc.
such persons shall manage the business and concerns -Ot: the said icofir.:ztioat
corporation as may be-provided'by its b'-laws, and the latter,case, solution- or
the directors shall continue in-office until-successors shall be actual- the corpora.
ly chosen, arid enter upon the duties of. their office. The directors tici".
shall choose among their number a,preaident, who s
'
hall have such
powers and duties as shall be provided by the by-laws. the annual President.
meeting of the stockholders shall be on the second Tuesday of
February in every-year; all by-laws must be made by the stock-holders
at their annual or other meetings.
SEC. 3. And he it further enacted, That on the day of the first
meeting of the subscribers to.bo held as aforesaid, the subscribers Payment of
respectively shall-pay to the directors Who shall then be chosen, subscriPtions
five dollars upon each and every share which they respectively shalli"ein"ts..ta-have
subscribed to the 'capital -stock-aforesaid, and the residue ofm
the amount so subscribed for, in such manner, in such instalments
and at such times as the president and directors shall appoint: and
the president and directors shall give at least ten days' public no-tice
of the manner and time which they shall appoint for the pay-ment
of the remaining instalments of said capital stock by adver-tisement
to be inserted in at least one newspaper published in this
State.
SEO. 4. And be it further enacted, That if no payment shall be
made upon a share or shares at the time of the first meeting of the Neglect to subscribers aforesaid, or if any Of the instalments which may be pay
called for as aforesaid by the president and directors shall not be meats.
paid within sixty 'days next after the time in said call appointed for
the payment thereof, the president and directors may either declare
such share or shares forfeited, in which 'Case, they may be disposed
of at the pleasure of the corporation, or they may in the name of
the corporation sue for, and recover the Suiti*as aforesaid paya-ble
at the first meeting of the subscribers, and also the instalment
or instalments or part or parts so called: and no Stockholder who
ts-
0
Shares of
stock to be
personal
property.
Dividends.
Public act.
SEC. 8. And be it further enacted? That the shares of the capital
stock shall be personal property, and shall be created, certified,
held, arranged and assignable, according to the provisions of the
by-laws.
SEC. 7. And be it further cndelcd, That the president and direc-tors
shall from time to time make .dividends of the clear profits of
the business of the corporation,'sor of such part of the said-clear
profits as shall be deemed advisable; the time of making the divi-dends
shall be prescribed by the by-laws.
,
SEC. 8. And be it further enacted, That this act be and the Same
is hereby declared to be a public act.
Passed at Dover, January 1O,1845.
ei9r$
- '
,
, LAWS, OF..,-,',THE
- '
'1;11:64 shall refuie or iiegtOPOD 4k
said, shall durinkithaiple46(00104fUSal- or neglect be
vote-at'any ineeting;ofirticiltoCkheldOilitior;shall--anysteckholder
during the tiratekati8liVeftisalor.neglegide4and or receive any
dividend An'ailtfiliall be lawful for the,:presidelif,an4.'direbtors,
and tiCey;-:shalVhtive7 full power and authorityl:disposi`Of all the
sharea6014. capital: stock aforesaid, which sliall.nOt be .Subseribed
in. the-b-Ooka to be opened by the commissioners.aforesaid;
the.sharei-which may be forfeited as.aferesaithfor theintereat.Of
the instifittion; and for that purpose to Open books - fel- receiving
sabickiptieils, or to-adopt such other Measures as thershall deem
advisableAubjeet to such regulations as maY-be prescribed.by the
by-laws; -`ancl-.the person or persons who .shall beconaeproprietors -
of Such shareasgall be members of th&spid 'Corporation-, as fully arid
effectually, as the origin'al-subscriborsAilider such-restrictions as.the
bylaw may impose:.' - .
sEd5: And bi'it further enacted, That the president and,direc-
Duties Of 'tors shall' at alltimes keep or cause to be 'kept proper books of ac-presideht
and counts, in which Shall-be.regularly,entered all the transactions of the directors.' ,
said corporation, which books shall be subject - at all times..to the.
inspection of :the stockholders: and the directors shall once. in every
year take art-adeotint of the stock, property and effects -belonging
to the said corporation; and-of all debts owing by -,or to the said
cbrporation, and make a record. thereof in a book to. be kept for
that purpose; and exhibit the same to the stockholders' at their .an-nual
meeting; and no director. shell' have any emolument; except
such as shall be allowed by the stockholders at their, annual meet.
ing,.or be prescribed by the by-laws.- .
. .,.
. zi - ',..-:,; .,_
. .. .. ....«.'
-..: 4 .C. - ' ' ' ."-' . , .4-
STATE:.'0F,DEI.-.:AWARE. ;;-;),,. -
:. io,.-... . -..,
., . ., ..4 . . yi.
.;
' ..:7, -: ,;(.
.. /CHAPTER zir.r; 7 1,=: ,::*:',4., ' .,,4'.:15 : -
A:`..StiPPI_I*EMENT-lo the act entitled .."An' liet--. hogeeing.,:the. ' draiyaini Ofiitraliiiii and low grounds, and to facilititteAilitlaying-P11.p,r,t66
eut:'aitd4opining-Ofipitblic ditches," passed at'DoverPebr.itetry'17Y
I843.' '. '.. . .
$..E6r1ee :1. Be-it T.On4acted by the Senate and House of Represeiitct.
tivWof tha.'State of Delaware in. General .dssembly.'met4:hk the
several. provisions.coriteined in the act entitled "An act Concerning Tho provi-thearainthg
of swamps and'lew grounds,_and to facilitate the Jay:. thong of the
ing out and opening4.public ditches," paSsed-at Dover,Tebruary iv=
7, -1843, so far as the same shall be necessary for cleansing, keep- extended to
ing open, repairing, extending,fdeepening,Lwidening. and otherwise all dining and
improving any ditch or ditches; drauflor drains, Whialt have ditches
been laid outunder an 'OrdeiTof court in this 'State, before The opt s,,:b.n,;! `.4)
sageof the said act, be and thelatne are hereby extendePo 'fill thereof.'
such ditch or ditches, drain ói drains,-as well as to all 'ditches arid -
drains laid out since the pasSage thereof.
Passed at Dover, January 16, 1845.
440.-
' CHAPTER
AN ACT to enable Robet:t,Thirtonrof Lewes, in Sussex county, to
locate certain.vadant land'or.iilctids, situate in the Rehoboth bay,
in.tSusieX county and State of Delaware, and to complete his title to
the same.
Private act.
Passed at Dover, January 17, 1845.
CHAP'PER
AN ACT to vest in Peter F. Causey,..11 ight and title of the State
to a certain hoicSO and lot.theret*mentioned.
Private act.
Passed ca Dover Jctnuary 10, 1845.
,
VA,
8
Del. Laws,
vol. 8, 386.
LAWS OF THE
CHAPTER' VIII;
AN ACT4i.antinklhe title Of the State in certain esCheated pro-
- -, pertyto Priscilla and Sally ..Miller.
Private act. -
Passed at Damn January 22, 1845.
...>>>0110(..4.7t.),
CHAPTER. IX.
AN ACT to enable Burton R. Tubbs to locate certain vacant land
in Baltimore hundred, in Sussex county, and to complete his title
to the same.
Private act.
Passed at Dover, January 22, 1845.
CHAPTER X.
AN ACT to enable Henry Hickman to locate certain vacant lands
in Baltimore hundred, zn Sussex county, and to complete his Mk
to the same.
Private act.
Passed at Dover, January 25, 1845.
CHAPTER XI.
A FURTHER SUPPLEMENT to an act entitled "An act to re-vive
and renew the act entitled ,An act to incorporate the Bran-dywine
and Christiana Manufacturing Company, and to extend
the provisions of the jam to the corporation in and by this act
created.' "
SECTION 1. B- e it declared and enacted by the Senate and House of
Representatives, of the State of Delaware in General Assembly met,
(two-thirdsof each branch of the Legislature concurring therein,) That
fr-."
CHAPTER XI/.
A SUPPLEMENT to the act entitled ".9n act to survey, lay-out Duty of coin.
and regulate the streets of Smyrna and for other purposes.' missioners of
the town of
SECTION 1. Be it enacted by the Senate and House of Representa- Smi; ran, and
lives of the State of Delaware in General Assembly met, That it
of t o justice
- - of tho peace shall be the duty of the commissioners of the town of Smyrna and and constable
of the justice of the peace and constable for Kent county, residing tif Kent coun-assemblages,
or gatherings of negroes, mulattoes, or other persons
riotousu
in said town, to suppress all riotous, turbulent, disorder& or noisy I ppsr.e s s
semblages in
VOL. x 2
STATE OF DELAWARE. 9
the said act entitled "An act to revive and renew the act entitled 'An The act here.
act to incorporate the Brandywine ,arid:Christiana Manufacturing iiViZtteld
Company, and to extend the provisions of the Same to.the corporation extended for
in and by this act created,'" passed at Dover,iiri;the fifth day of 20 years,
February, in the, year of our Lord one thousand eightliundred and
thirty-five, shall be held and taken to be infull force, operation and
virtue, and that the corporation and body politic created and made
by the said act shall be and the same is hereby renewed,-continued
and extended by and under the same name of "The Brandywine
and Christiana Manufacturing Company," for and during the period
of twenty years, from the first day of January, A. D., eighteen hun-dred
and forty-five; and that all the powers, privileges, rights and
immunities heretofore granted to the said corporation by law, are
hereby confirmed, continued and extended to the same corporation
and body politic, under the name aforesaid, for and during the said
period of twenty years and .no longer.
SEC. 2. And be it further enacted, That the act entitled "A sup-plement
to an act entitled 'An act to revive and renew the act en- Supplement
titled 'An act to incorporate the Brandywine and Christiana Manu- rt onai Ied dact facturing Company, and to extend the provisions of the same to the ope
corporation in and by this act created, " passed at Dover on the
eighteenth day of June, in the year of our Lord one thousand eight
hundred and thirty-six, and the supplement thereto, passed at Dover
on the thirteenth day of January, in the year of our Lord one thou-sand
eight hundred and thirty-seven, be and the same are hereby
repealed.
Sac. 3. And be it further enacted, That this act shall be held
and taken to be a public act in all courts of law and equity in this Public act.
State.
Sac. 4. And be it .further enacted, That the Legislature hereby
reserve the power to revoke this act, and the charter of the said Power to re.
corporation. yoke.
Passed at Dover, January 29, 1845.
LA WS OF TUE
"id town of in the streets, lanes or alleys of the said town, after night or on the
negroes,
lattoes or Sabbath day, or at *aiii'Othor time or season whatever: and for this
other per. purpose it shall be;_the duty of the said constable, upon the require-mom
ment of any one Of the said commissioners and without further
Offenders to
be carried be. warrant, forthwith to seize and arrest any such nenToes, mulattoes,
fore a justice or other persons so assembled' .-o r gathered together and offending
of the peace. as aforesaid, and to carry such negroes, mulattoes, or other per-
A justice of sons so offending, before any justice of the peace residint, in the the peace au-thorizcd
to said town, and upon conviction of any such nem.° mulatto, or other c. 9
impose a fine, person so offending as aforesaid, before the said justice (whose
and in case of duty it shall be to hear and determine the case,) the said justice is
failure of
payment to hnereboy authorized to sentence any such negr
'
o, mulatto or other
commit party person so convicted, to pay a fine not exceeding five dollars, and
to the jail of commit the party to the common jail of Kent county until the said
Kent county. fine and cost be paid. It shall be the duty of the said justice of the
Upon com-plaint
of riot- peace upon complaint made before hiM of any such riotous, turbu-ous
or noisy lent or noisy assemblages of negroes, rnulattoes,,or other persons
assemblages, as aforesaid, to issue his warrant to the said constable, command-justice
to is...i
sue his war- ci
n°. said constable to bring any such negroes, mulattoes, or other per-rant
requi sons so offending as aforesaid before him for trial.
ring offend-ders
to be SEC. 2. And be it enacted, That it shall be the duty of the said
brou I b
fore Lt -1; commissioners, ju§tice of the peace and constable to suppress, ex-trial.
tinguish and prevent all bonfires from being lighted or kept up in any
Duty of corn, of the streets, lanes or alleys of the said town, and to suppress and
missioncrs,
justice and prevent the firing of guns, pistols, crackers or squibs, or the making
constable to or throwing of fire-balls by boys or others within the limits of the
extinguish said town.
and prevent
bon.fires.--- to
prevent firing SEC. 3. And be it enacted, That upon every conviction of a riot-of
guns, pis. ous, turbulent or disorderly person under the provisions of this act,
tots, crack- the justice and constable shall each be entitled to a fee of sixty
crs and Ma-king
lirecents, to be paid by the defendant or person convicted; and if any
balls, constable shall neglect or refuse to perform -the duties enjoined
Fees of jus. upon him by this act, he shall be deemed guilty of a misdemeanor
lice and con. in office, and upon conviction thereof, shall forfeit his office: and etab/e.
Neglect of it shall be the duty of the commissioners aforesaid to present any
constable a such neglect or refusal to the grand jury, that the same may be
misdomea- inquired into.
nor.
Duty of corn.
missionera to SEC. 4. And be it enacted, That the said commissioners shall
present tie. have charge of the streets, lanes and alleys (including the foot-
&cot or re- walks) of the said -town of Smyrna, and shall have authority to film' of con.
stable to tho make such regulations relative to the travelling over and upon the
grand jury. said streets and to the use thereof, the standing of carts, carriages
Comm rs. to or other vehicles, or the placing of other obstructions thereon as
rioank:irnegureilit they may deem properrand if any person shall wilfully violate the
lion to travel. regulations of the said commissioners in this behalf, every such
ling on ow person shall for every such offence, forfeit and pay to the said coin-ssttraenedtss,
othf o missioners, for the use of the said town, a sum not exceeding= five
carts and car. dollars, to be recovered with costs of suit, at the suit of the said
WI' ' -
STATE OF DELAWARE. 11
commissioners before any justice of the.peace,,in the same manner riageN or re-
,. as other debts under fifty dollars are by laW.ieco moving
ob.Verable. structions.
Penalty for
Smc. 5. ...lnd be it enacted, That five comhioners shall be violating re-elected
annually instead of three as ,provided for in the fifth sec- Eulations.
lion or the act to which this is a supplement, and that said corn- Five com'rs.
missioners shall have full power to appoint one:or more town con- Ntvoitb:
peolowcetred,
stables, who shall be invested with as full power to execute this 'act to appoint
as the constable for Kent county, resident in Duck Creek hundred, constable.
may or can have under and by virtue hereof.
Passed at Dover, January 29, 1845.
ClIAPTER XIII.
A PURI% IE It SUPPLEMENT to the act entitled ",,In act to in-corporate
a company fir the purpose of cutting and making a
canal between the Chesapeake bay and bay or river Delaware or
the waters thereof."
SECTION 1. 13e it enacted by the Senate and House of Representa-tives
of the State of Delaware in General Assembly met, That the
general meetings of. the proprietors of the said Chesapeake and Annual meet-
Delaware Canal Company shall in future be held on the first Mon- IngS of the
day of January, instead of the first Monday of June in every year, hcoemonpaztto
as is provided in the seventh section of the original act of incor- Monday of
poration of said company: and at the said meetings on the first January.
Monday of January, the proceedings and business of the said pro-prietors
and of the said president and directors, shall be conducted
as already provided for in the said seventh section.
SEC. 2. And be it .further enacted, That the shares of stock of'
said company may be transferable in whole or in Part by the Transfers of
said proprietors thereof, in person or by attorney duly constituted shares in
upon the books of the said company in the presence of its presi_ whole or part
dent or secretary; and upon the surrender of the old certificates, iffinaa3c/ieb. °
new ones in lieu thereof to the proper amount shall be issued in the
same manner as is now by law authorized and provided in cases
of the loans of the said company.
SEC. 3. And be it further enacted, That when and as soon as the
said company shall signify to the Secretary of State in writing Tho /mop:
under their corporate seal their acceptance of this supplemental tette! of thp,
act, the same shall become a part of their charter: but otherwisenle`g gt7r
they shall not be entitled-to the privileges it confers, and that a re- secretary of
solution of the board of president and directors of the said compa- State.
ny made by authority of said company, at a meeting to be called
;12 LAWS OF THE
for that purpose being signed by the presidents and attested by the
secretary of the said board and signified as aforesaid, shall be
deemed an acceptance of this act.
Passed at Dover, January 30, 1845.
CHAPTER XIV.
AN ACT to repeal the act entitled "A further supplement to the
Del. Laws, act entitled 'An act respecting the partition of lands and tette-vol.
91 P. 527, ments among joint tenants and tenants in common.'"
SECTION 1. Be it enacted by the Senate and House 'of Representa-
Further sup- lives of the State of Delaware in General Assembly met, That the
Plcment hero' act entitled "A further supplement to the act entitled 'An act re-in
mentioned, .
repealed. specting the partition of lands and tenements among joint tenants
and tenants i n common'" passed at Dover, February 22, 1843, be
and the same is hereby repealed, made null and void.
Passed at Dover, January 30, 1845.
4.O.)+0.0444
CHAPTER xv.
AN ACT to incorporate the Grand and Subordinate Lodges of the
Independent Qrder of Odd Fellows of the State of Delaware.
Whereas, it is the duty of government to give all necessary and
Preamble, proper aid to all such benevolent institutions as may be established
among the people with the view of promoting charity and the hap-piness
of men: And whereas, the Independent Order of Odd Fel-lows
appears to be an institution of this character, and promotive
of these ends: Therefore,
SECTION 1. Be it enacted by the Senate and Rouse of Representa-tives
of the State of Delaware in General Assembly met, (two-thirds
of the members of each branch encurring,) That Edward Mein-
Cornan tn- . tyre, Zenas B. Glazier, Perry Sheward Johnson, William G.
corpoPr ateYd . Whitely, William Penn Chandler, Park H. Royce, Alexander
Kelly, James H. Barnet, John F. Smith, Abraham Boys, Henry
Reynolds, David Lockwood, Caleb Parker Johnson, Dr. J. Sims,
Dr. George R. McLane, David L. Moody, Dr. J. C. Gosewisch,
James C. Adams, William Thatcher, Newlin Pyle, Abraham P.
.4
STATE OF DELAWARE. 13
Shannon, Jacob Barr, Rev. J. Earle, William Marr, John, H. Grif-fin,
Curtis Roberts, Asher B. Logan, Robert W. Gardner, William
J. Lemon, Charles H. Gordon, John Hart, James .:Elliott, James
Stalcup, Thomas C. Plumley, William Campbell, John Moore, John
D. Wood, Charles B. F. Smith, V. McNeal Hodgson, Absalom
Ditterline, Isaac Solomon, John M. Denning, William Wilkenson,
and all other persons who now are or hereafteemay become mem-bers
of the Grand Lodge, or either of the Subordinate Lodges of the
Independent Order of Odd Fellows located and instituted within this
State, or hereafter so to be located or instituted, agreeably to and
by virtue of the power and by-laws of the said grand and subor-dinate
lodge, be and the same are hereby incorporated into one
body politic and corporate in fact and in law, and shall have con-tinuance
and succession for t wenty;years, by the name and title of
the Grand and Subordinate Lodges of the Independent Order of Name.
Odd Fellows of the State of Delaware.
SEC. 2. And be it enacted, That the said corporation and their
successors shall now and for twenty years hereafter, be able and Continuance.
capable in law to purchase, receive and hold any lands, tenements,
hereditaments, rents, leases, stocks, goods, chattels, bonds, notes, Powers.
mortgages or money which may be devised, given, or conveyed to
them, or which may accrue or come to their hands from the pay-ment
of initiation fees, dues and fines from the members; and also
to grant, let, sell, bestow, convey, assign, or transfer the same, and
to do all other matters touching the same which an individual owner
thereof could in law do by the name and title aforesaid; and shall
have a common seal, with power to break, alter and renew the
same as to them may seem fit, and shall have the capacity to sue
and be.sued, plead or be impleaded in any court of law or equity
in this State in all manner of causes, actions, suits, complaints and
matters whatsoever.
SEC. 3. And be it enacted by the authority aforesaid, That the
lmodemgebse, rssh aolfl thhaisv ec opropworeart itoon e, lebcott ho irn apthpeo ingtr asnudc h anodff icseurbso ards inthaetye oEflfeiccetiros.n of may deem necessary or proper to conduct and manage the affairs
and business of the corporation and preside over the same, and
from time to time to make, establish and put in execution such by-laws,
rules and ordinances, not contrary or repugnant to the laws DYlaws
and constitution of the United States or of this State, as they shall
deem useful or necessary for the good government of the said cor-poration
and its proper business.
SEC. 4. Be it enacted, That the said corporation shall have power
by and through the action of its grand lodge and not otherwise, in Subordinate such manner and form as said grand lodge may deem proper to Lodges insti
institute, create and accept into fellowship and communication with tut"'
it under the name aforesaid, such new subordinate lodges of Odd
Fellows as it may see fit, and judge advantageous to the good of
the order and the promotion of its objects.
14 LAWS OF THE
SEC. 5. Be it enacted by the authority aforesaid, That suits insti-
Suits how in- tuted by the said corporation shall be -instituted in the following
saluted, style, viz:"The.Grand and Subordinate Lodges of the Indepencr-ent
Order of Odd Fellows of the State of Delaware" for the use of
the grand lodge; or whatever may be the name of the subordifiate
lodge for whose benefit it is brought as the case may be; but that
Subordinate each subordinate lodge now in existence, or hereafter to be created
Lodge now in this State, shall have power to u.te its own common seal, and
use itnsgowmoay thus to make contracts through its own officers for its own indi-common
seal vidual and specific purposes and none other, and for which it and
and make its property alone shall be liable, and not that of the corporation at
contraels. large, the grand lodge or any other subordinate lodge.
Banking Sec. 6. And ha ii further citadel, That nothing in this act stall Ifirteerds. pro- be construed to authorize the said corporation to use or assume any
Not to bor- banking privileges, other than the lending of money on security for
row money
beyond
the purposes of permanent iii,vestment; nor shall it be lawful for this
$5,-
000. corporation to borrow money beyond the amount of fiye,thousand
Not to bold dollars, nor hold real estate, the rental or clear annual value of
real estate, which shall exceed the amount of three thousand dollars; nor any
the rental vs- estate of any and every kind, real, personal or mixed,. the clear in- luo of which
shall exceed come of which shall exceed the sum of fifteen thousand dollars:
$3,000, and And provided. also, that the Legislature reserve the power to repeal
clear income this act at any time it may deem fit.
of all estate
not to exceed
$15,000. Sec. 7. And be it enacted, That this act shall be deemed and
Public act. taken to be a public act.
Passed at Dover, January 30, 1845.
""">>411116(4...-
CHAPTER XVI.
AN ACT granting to and vesting in the trustees in this act men-tioned
all the right, title, interest and claim of the State of Dela-ware,
in and to certain personal property which a certain Henry
Kyle, Junior, died possessed of or entitled to therein mentioned.
Private act.
Passed at Dover, January 31, 1845.
F7-
STATE OF DELAWARE. 15
:CHAPTER XVII.
AN ACT directing the Slate Treasurer to pay a.certain sum of
money arising from the sale of one Thomas Brown-, negro, to John
D. .4,nderson.
SECTION 1. Be it enacted by the Senate and House of Representa-tives
of-the Slate of' Delaware in General ilssembly met, rhat the
State Treasurer be, and he is hereby directed to pay to John D. S. Treasurer
Anderson, the sum of one hundred and thirty dollars and nineteen directed to
cents; it being the slim paid to the State TreasPre'r by Alexander iia.ctiz D.
Johnson, sheriff of Kent county, and arising from the sale or cine$130 49.
Thomas Brown, negro, by said sheriff, after deducting all costs
and expenses accruing upon the imprisonment, trial and sale of
said Thomas Brown, negro.
Passed at Dover, February I, 1915.
CHAPTER XVIII.
AN ACT to incorporate the Wilmington Manufacturing Company.
SECTION 1. Be it enacted by the Senate and House of Representa-tives
of the State of Delaware in General ilssembly met (two-thirds
each branch of the Legislature concurring therein,) That Alfred
du Pont, John H. Price, James C. Aiken and Edward W. Gilpin, Company in.
and such others as may hereafter be associated with them for the corporated.
purpose of carrying on the ma.nufacture of cotton, woollen, paper,
flax, iron, or any other material which they may from time to time
adopt or substitute, at the city of Wilmington in the county of New
Castle, shall be and are hereby ordained and declared to be a body
politic and corporate, by the name of "The Wilmington Manufac- Name.
turing Company," and by that name they and their successors and
assigns shall and may have continued succession for twenty years Continuance.
and no longer; and be capable to sue and be sped in courts of law
and equity, to purchase, take, enjoy, sell and alien lands, tenements, Powers.
hcreditaments, goods, chattels, and effects of every nature which
may be connected with or conducive to the purpose for which the
said company is established; and to have a common seal, to ordain
by-laws for their own government, not repugnant to the constitu-tion
or laws of the United States or of this State, and to enjoy the
franchises incident to a corporation: Provided always, that the said Binking
corporation shall not have nor exercise any banking powers what, powers pro.
ever, and that their capital stock shall not exceed two hundred thou- hCiabpqietadl' stock, sand dollars.
16 LAWS OF THE
SEC. 2. And be it further enacted, That. the business and con-
Directors. cerns of the said corporation shall be managed by four directors,
who shall be stockholders, and shall be elected at each annual
meeting of the stockholders,, which shall be on the first Tues-day
of March in every year; and shall continue in office until the
next succeeding annual meeting; and until successors to them be
Manner of duly chosen. The directors shall be elected by ballot, by the stock-election,
holders in person or by proxy,. who shall have a vote for every
share of stock, and a majority of votes given in shall be necessary
to a choice; and such ballot shall be made from time to time until
the requisite number of directors shall have a majority. If any
Vacancies. director cease to be a stockholder, and if any vacancy or vacan.
how supplie cies shall occur, either by death, resignation, refusal to serve or
from any other cause, the remaining directors or director, shall
choose one or more directors to serve until the next election in
course, or until successors shall be duly chosen; but if vacancies
shall at any time exist in all the offices of directors, or if such di-
In case of no rectors shall not be chosen at the time appointed therein, this cor-election
cor
t
poration no . °oration shall not thereby cease; but in the former case, such per-to
cease. sons shall manage the business and concerns of the said corpora-tion
as may be provided by its by-laws; and in the latter case, the
directors shall continue in office until successors shall be actually
chosen, and enter on the duties of their office. The directors shall
President. choose from among their number a president, who shall have-such
powers and duties as shall be provided by the by-laws. The di-rectors
until the first annual meeting after this act shall go into
operation, and until others shall be appointed and shall act, shall
Directors ap- be Alfred du Pont, John a Price, James C. Aiken and Edward
pointed. W. Gilpin.
SEC. 3. And be it further enacted, That all by-laws shall be made
By-laws. by the stockholders at their annual or other meetings, called by
virtue of the by-laws made at an annual meeting, except those made
before the first annual meeting after this act shall go into operation;
for which purpose the stockholders may be convened as the direc-tors
may prescribe; at all which meetings all questions shall be de-cided
by a majority of votes given in person or by proxy, each
share having one vote.
Books of ae-count
to be
kept open to
the inspec-tion
of tho
stockholders.
SEC. 4. .4nd be it further enacted, That the directors shall at all
times keep or cause to be kept proper books of account, in which
shall be regularly entered all transactions of the said corporation,
which books shall be subject at all times to the inspection of the
stockholders; and the directors shall once in every year take an ac-count
of the stock, property and effects belonging to the said cor-poration,
and of all debts owing by or to the said corporation, and
make a record thereof in a book to be kept for that purpose, and
exhibit the same to the stockholders at their annual meeting; and
no director shall have any emolument, except such as shall be al-lowed
by the stockholders at their annual meeting, or be prescribed
by their by-laws.
STA T14,;6F DELAWARE. 17
cording to the.provisions of the,by-laws.
stock"Shall be one hundred dollars each, and be personal, property; Shares of
and shall be created,. certified, held, arranged and assignable, ad-'8t0ek.
SE05. And be it further,enacted, That the'shares of the.capital A,
;.
SEc. 6. And be it further enacted, That the capital stock shaltbe
paid in such mannerv,antl in s.14,insia1mentS and at such times as Capital stock,
the directors shall nppoint;. Mirth` same shall be liable to be for- how Paid'
felted, accordin0g to. the pro-Visions of the by-laws.
Sm. 7. And be it further enacted, That this act shall be deemed
and taken to be a public act: Provided, that power is hereby're- 1.ublie act.
served to the General Assembly to revoke this act of incorporation.
Pulsed at Doer, February I, 1895.
CHAPTER XIX,
AN ACT to incorporate the Mechanics' Manufacturing Company,
of Wilmington, and to extend the provisions of the same to the cor-poration
in and by this act created. -
SECTION 1. Be it enacted by the- Senate and Rouse of Bepresen-tatives
gg the State of Delaware in General Assembly met,Ktwo-third
of each branch of the Legislature concurring therein,) That David
C. Wilson, Elisha Huxley, John A. Duncan Jeremiah W. Duncan Company in
and George Craig, now associated, and sudi others as may hereof_ corporated.
ter be associated with them, for the purpose of carrying on the
manufacture of cotton, woollen, paper, flax, iron or any other ma-terial-
Which they may from time to time adopt or substitute, at
Wilmington, in the county of New Castle, shall be and are hereby
ordained and declared to be a body politic and corporate, by the
name of the Mechanies Manufacturing Company of Wilmington, Name.,
and by that name they and their successors and assigns shall and
may have continued succession for twenty years and no longer, Continuance.
and be capable to sue and be sued in courts of law and equity, to Powers,
purchase, take, enjoy, sell and alien lands, tenements, hereditaments,
goods, chattels and effects of every nature, which may be connect-ed
with or conducive to the purpose for which said company is
established; to have a common seal, to oidain by-laws fix their own By.lawg,
government, not repugnant to the constitution or laws of the United
States or of this State, and to enjoy the "franchises incident to a
corporation: Providing .always, that the said corporation shall not Banking
have nor exercise any banking powers whatever, and that the said
pho wibords
a
capital stock shall not exceed -three hundred thousand dollars. Capital.. pr
,
SE0. 2. And be it further enacted, That the business and con-cerns
of the said corporation shall be managed by five directors, Who Directors,
shall be stockholders, and shall be elected at each annual meeting
vet.. K. 3
IS JAWS OF THE
of the stockholders which shall be On the second Tuesday of March
in every year, and shall continue in office until the next sticceeding
'annual peeling, and until successors to them be duly chosen. The
Manner of director's shall be elected by ballot by the stockholders, in person
election. or by proxy, who shall have a vote for every share of stock, and a
majority of' votes given in shall be necessary to a choice, and such
ballot shall be made from tiale46- time, - until ihe requisite number
of directors shall have such majority. If aify director ceases to be
a stockholder, and if any vacancy or vitcancies shall occur, either
Vseaneico,
-
by death, resignation, refusal to serve, or from any other cause,
how supplied. the remaining directors or director shall choose one or more di-rectors
to serve until the next election in Course, or until successors
shall be duly chosen; but if vacancies shall at any time exist in all
the offices of directors, or if such directors shah not be chosen
Corporation at the time appointed therein, this corporation shall not thereby
ttut to et'° cease, but in the former case such persons shall manage the busi- in case a
failure or ness and concerns of said corporation, as may be provided by its
election. by-laws; and in the latter case the directors shall continue in office
until successors shall be actually chosen, and cuter upon the duties
of their office: the directors shall choose from among their number
President. a president, who shalllinve such powers'and duties us shall be pro-vided
by the by-laws; the directors,- until the :first arintial-meeting
after the act shall go into operation and until others shall tic
Directors cp. pointed -and shall act, shall be David (!. Wilson, Elisha Huxley,
pointed. John A. Duncan, Jeremiah W. -Duncan and Ocorge
Sm. 3. And he it .farther enacted, That all by-laws shall be made
DYldws. by the stockholders at their .annual or other meeting called by
tue of the by-laws made at an, annual meeting, excepCihose made
before the first annual meeting after this.act shall go-into operation,
for which purpose the stockholders may be convened as the direc-tors
may prescribe, at all which meetings all questions-shall-be de-cided
by a majority of votes given in person and by p,roxy, each
share having one vote.
SEC. 4. .4nd he it further enacted, That the directors Shall at all
Books or rte. times keep or cause to be kept proper books of accounts, in tVbieb
counts to be shall be regularly entered all transactions of said Corporation; Whi01
ikmeppta ocptieonn toor books shall be subject at all limes to the inspection Of the Stock-stockholders.
holders, and the directors shall once every year take on aecount of
the stock, property_ and .effects belonging to the said Corporation,
and of all debts owing by or tothe said corporation, find-make a
record thereof in a book to be kept -for that purpose, and exhibit
the same to the stockholders tit their-annual meeting; and no direc-tar
shall have any emolument, except such as :shall 'be allowed by
the stockholders at their annual meeting, or be prescribed by the
by-laws.
SEC. 5. And be it .farther enacted, That the shares of the capital
Sharc,:. stock shall be fifty dollars each, and be personal property; arid shall
be created, certified, held, arranged and assignable-according to
the provisions of the by-laws.
STATE OF DELAWARE. 19
a Sse.,.0. Aml be it ficrtheeenocted, That this act shall be deemed
7 and taken' as a public act: Provided always, that unless_ the said Put'lle act' 3
3 David`C.-VVilson. Elislia Hukley, 'John A. Duncan, Jeremiah W.
1 Duncan and George. Craig, of the city of Wilmington, or the stir-
1. vivors of then, or in case of the:death. of eitherolthem, the_execu-i
tors or administrators of the de,e.eased, shall on orbeforelhe expi-r
ration of twputy-four CalemlVienthslifer the passage hereof, de- .
dare their acceptance of ,the'ierms and -provisions of This act in A000ptonoo
writing, to be signed severally by thaemn d filed in the office or the of this act,
Secretary of this State; then this -act. and every matter it nd thingth.ev nut-n od be
and clause therein contained, shall be null and Void, as if the, samedeclared.
; had not beenTassed: And provided also, that tiff§ act shall lintCon- .
l thine in force for a longer period than twenty years without re-en-Continuance.
i actment of the Legislature, and that power is hereby reserved by
the Legislature to revoke the same. .
Passed at DoVen February 4, 1845.
CHAPTER. XX.
AN ACT '1Q-enable James G. !Niles id locate certa in .vacant salt
marsh situate in 'Kent county, andto,compkte his title to the same.
. Private Oct. .
Passed'ed Dover, February 4, 1845.
CHAPTER XXL
A. FURTHER 'ADDITIONAL SUPPLEMENT to the act enti-tled
!,.4/1 act to incorporate the Wilmington and Susquehanna Rail' Del "lea/
road Company." -
vol. 9,
S.EOTION ;Be it enacted by. the 'Senate and House of Represen-tatives
of the' State .'of General Assembly met, That all
the benefits"an4d provisions oxtende.4 tQ the owner or owners of any The benefit
land lying and -being on !I/4 811.0m Of AVater in Brandywine hun.. of tho not
dred,'commonly7called Boat or Bout creek, by the apt of the Gene. tin' ncr
-ral Assemid,of this _,State entitlediA futHher supplement to an act tended to tho
entitlePAn act to ineorporate_the VVihnington and Susquehanna owners of
Railroad Conwany,'" passed at Dover, February 14, 1839, be and land on
the same are la.;rebY extended tri and provided for the owner ornirduclan;
owners of any land ,iying and being on White Clay creek, or on crook*
20 LAWS OF THE
Red Clay creek, in Now Castle county, as well to recover dama-ges
for any injury heretofore sustained, as for injuries that may be
hereafter sustained by any of the said owner or owners in conse-quence
of any act, work or obstruction of the said company, or of
the Philadelphia, Wilmington and Baltimore Railroad Company,
heretofore done or constructed, or that may hereafter be made or
done: Provided, that proceedings for the recovery of damages for
Limitation ofinjuries heretofore sustained shall be Commenced at any time with-proceedings
in twelve months from the passino, of this act, and within Cwelve
for recovery P
of damages. months from the time Any such injury may hereafter be sustained,
Passed at Dover, February 4, 1845,
CHAPTER XXII.
AN ACT to incorporate the subscribers of the Newark Union, in
Brandywine hundred.
Be it enacted by (lie Senate and House of presentatives qf the
State of Delaware in General Assembly met, (two-thirds of the mem-bers
of each branch concurring,) That John Beeson, Edward Bee-
Company in- son, Thomas Cantwell, Thomas Rambo, Thomas Goodly, Joseph
corporatcd. Guest, Christine Perkins, Amor Perkins, Joseph Jackson, William
M(Soeley, John IL Baylis, George Weldin, Irwin W. Pierce, George
Miller, John Forwood, jr., Harriet Forwood, Ann Harlan;Thomas
Beeson, Lewis Zebley, Penrose R. Talley, Dr; John M. Carden,
John Wilson, George M'Corkle and all such persons as now areur
hereafter shall become subscribers to a fund (now being raised) fir
the purpose of erecting a free public meeting house in Brandywine
hundred, in this State, at the Newark free burying ground and their
successors, be and they are hereby made and declared to be a cor-poration
and body politic by the name, title and designation of the
Name. Newark Union, and by that name may have succession, make and
have a common seal, and shall be able to sue and be sued, implead
Powers. and be impleaded in all courts of record and elsewhere, in,any and
all manner of actions at law or in equity, and shall by said name
have full right, power and authority to take, receive and hold-such
estate real and personal by devise, bequest, conveyance or gift, as
Purposes of may be strictly necessary for the purpose following,.to wit: First; to
incorpora- erect, maintain and keep in repair a free public Meeting house, for
tion the worship of Almighty God, at Newark Union burial ground, as
hereinafter authorized: Second, to Maintain and keep in repair said
Newark Union burial ground and, the enclosure around the same.
SEC. 2. Be it .further enacted by the authority aforesaid,. That
said corporation shall be governed and managed in its business and
affairs by a board of five managers, a treasurer and clerk, whose
Managers,
Treasurer
end clerk.
STATE OF DELAWARE.
respective duties shall be to make and .execute such rules and re-gulations
as may be deemed necessary for said purpose; to keep
safely and manage the funds of said corporation, and to keep a fair
record of the proceedings of said board. Said managers, treasur- Mannerof
er and clerk shall he elected annually by ballot from among said election.
subscribers, each subscriber having one vote; the first election for
said purpose to be held at the Village of Brandywine, on the second
Saturday in March next, .after the passage of this act, and subse-quent
ones on the same day in March, in each and every subse-quent
year, at said Newark Union burial ground or meeting house.
See. 3. Be it enacted, 4-c., That said corporation shall'have the
right and power to control, manage and support, said Newark Union Power to
burial ground, or the free public burial ground situated in Brandy- manage and
wine hundred, near the Wolclin road, known and called by that ttyrflart the
name: Provided, that nothing in this act shall be construed to-author- ground.
ize said corporation, or the board olmanagers thereof, to prohibit' or
prevent any or all persons residing within said vicinity from hav-ing
free and uninterrupted ingress, egress and regress; to and from
said ground for the purpose of interring their dead, as they now
are and for many years past have been in the practice and habit
of doing, free of all charge therefor.
SEC. 4. Be it further enacted, 4.c., That said corporation shall
have authority, right and permission to enter upon, use and occu- To uso the
py so much and such portion of the public road leading from the public road
Weldin road to and passing in-fron't of said burial ground, as shallindi rfio oa be necessary for the purpose of constructing a free -public meeting- for construe-house
for the use of the people of said vicinity, and especially for Lion of a free
the use of all persons attending upon funerals at said burial ground, pnblic meet-according
to the dimensions and to be located as follows, to wit: ing house.
to be erected upon a lot bounded as follows: commencing at the
south-western side of the gate-way of the said burial ground, and
running along the centre of the wall thereof in a westerly direc-tion
forty feet; thence at a right angle to said line in a southerly di-rection
into said road, to a point twenty-five feet distant from the
centre of said wall; thence along the course of said road and parallel
to the line first mentioned in an easterly direction forty feet; thence
in a northerly direction by a straight line to the place of beginning.
And it is hereby provided and enacted, that said meeting-house
when constructed shall be free, and open for the use of all persons said
attending upon funerals or interments at said burial ground for the housem toa abtion -
purpose -of funeral service and divine worship; and also for the use free for all
of all persons of said vicinityWhOinay have a right to bury in said donomina-ground
of whatever christian ;:form of rship or denomination tionso
they may be for the worship,Of4linighty God, and his adorable
son, our Lord and Saviour, Wit.hout any cost or .Charge, under such
regulations as said corporation shall adopt for the good order of
said meetings.
SEC. 5. 13e it enacted by the authority aforesaid, That this act
-
ClIAPThR
AN ACT proposing an amendment to the _Constitution of this State.
Whereas, by an act of Congress entitled "An act-to establish a
Preamble. 'uniform il 'time fi,r holding elections for electors of President and
Vice-President in all the states of the Union," passed diAng, the
present session of the Congress of the United States, the election
for electors of President and VicePresident is directed to "be ap-pointed
in each State, on the Tuesday next after the first Monday
in the month of November, of the year in which they are to be ap-pointed:"
And whereas, it will be for the convenience of the people
of this State. and promote the general economy that the general
election in this State shall be held on the same day as the day de-signated
by the said act of Congress for the said election tbr elec-tors
of President and Vice-President: Therefore,
SECTION 1. Be it enacted by the Senate and House of Representa-tives
of the State of Delaware in General Assembly met, (two-thirds
of each House deeming ft necessary, and by and with the approba-tion
of the Governor, That the following amendment be, and the
Amendment same is hereby proposed to the first section of the fourth article of
to the first the constitution of this State, that is to say:'Strike out the first
sectionh oarticle '
fourt f chuse of the said first section reading thus: "All elections for Gov-of
tho cnn- ernor, Senators, Representatives, Sheriffs and Coroners, shall be
stitution of held on the second Tuesday of November, and be by ballot" and
this State. in lieu thereof, insert and adopt the following, that-is to say: "All
elections for Governor, Senators, Representatives, Sheriffs and
Coroners, shall be held on the Tuesday next after the first Monday
in the month of November, of the year in which they are to be
held, and be by ballot."
The Sec. or - SEC. 2. .dnd be it further enacted, That the Secretary of State
State to pub- of this State, be and he is hereby directed, after the Governor shall
bah the pro- have approved of the ablve proposed amendment, chily,to publish posed amend-ment
in the the above proposed amendment, and this act in the Delaware Jour-
Dol. Journal nal and in the Delaware Gazette; two newspapers published in the
and in the city of Wilmington in this State, for the consideration'of the people
DL ?=e, of this State, at least three and not more than six months before
vat by the the next general election of representatives in this State.: -
Governor. ;
- Passed at Dover, February 0, 1845.
22 LAWS OF'
Continuance, shall go into effect forthwith, and shall be of force,and legal validity
for"the space and period of twenty years from the'date of the pa's-sage
hereof; but the power to revoke and repeal this act is hereby
reserved to the Legislature.
-
Passed at Dover, February .5, 1845.
STATE OF DELAWARE. 23
CHAPTER XXIV.
AN ACT to authorize the Protestant Ep.'scopal Church in this State
to raise a fitndAi. the support of a bishop. and to aid missiona-ries'
and necessitous miniSters, their widows and children.
SECTION I. Be it-enacted by the Senate and noose of Represen-tatives
of tha State of Delaware in General Assrmbly met, That the
Hon. Jame .Booth, Doctor James W. Thompson, NV Unpin T. Read, Body politic
Esq.,, Caleb S. Layton,'Esq., and 'C-:eneral .Richard Mansfield, be and aarf'°-
and they arehereby constituted a body corporate and politic, by rate.
the IMMO OP , !7rlic Trustees of the P ru.esnun Epis'copal Church of Name.
the diocess of DolawarC,'' and- by that name shall have perpetual
succession; and may porehase,take and receive, by,deed, gift or Powers.
otherwise, any property real, personal or mixed, and have:and hold
the same; contract and be contracted with, sue and be sued, plead
and be impleaded as natural persons: Provided however, that the
property of the said corporation and the funds thereof; shall ne'Ver
be applied to any other purpose than for the support and comfort-able
maintenance of a bishop of said church within said diocess, .
and to aid the missionaries, and necessitous -ministers of the- said
church, their widows and children.
SEC. 2. And be it .further enacted, That the said trustees shall
hold their office until the next ensuing annual convention of the Trustee",
said Protestant Episcopal Church of the said diocess of Delaware, and-their
uccessor"
and until 'their successors in office shall be appointed and qualified;
at which said next 'annual donvention, and at every annual conven-tion
thereafterorustees shall. be appointed pursuant to such rules, Manner of
by-laws, or canons of the said church, *may be in force at the appointment.
time of such appointment: Pro-bided, the same be not repugnant to
the constitution and laws of this State.
Sm. 3. And be it ficrtlier enacted, That the property or funds of
the said corporation shall;never be sold, alienated, or otherwise Property and
disposed of unless for the purpose of reinvesting the proceeds there- funds of cor-d,
or appropriating the -same as hereinafier provided; which the pto orbaetdiottalp,ohseewd said annual convention may authorize and require said trustees to og
dorunder such rules, limitations And restrictions as the s-aid con-vention
May from time to time adopt: Provided, that the clear an- near income
nuaIIncome and' profits of the said-corporation arising from the of corpora-
property, or funds so held bfit, shall not- exceed the sum of five Lon not
thousand' dollars.
exceed otor
000.
See. 4. And be ii further enacted, That the Legislature hereby reserves the power Of revolt ing,altering. and 'amending this act: but Power of re-such
revocation, alteratiowor athendment shall i» no case divest the teration and
property,futids, Money or rights acquired Oder its provisions; nor amendment;
divert...them from thO.purposes. herein expresse'd; but-such prorierty,p7opt I taly v" Cit. or e funds; money and rights of'said,corporation, in Case of `Sucb,revo-.rsghte ao
4
24 LAWS OF THE
quired under cation, shall enure to the said annual convention, for the uses and
tphroisv iasicot ns of purposes herein-before mentioned,
Passed at Dover, February 6, 1845.
CHAPTER XXV.
A SUPPLEMENT to the act entitled "An act to incorporate The
nmperance Hall Company of Wilmington."
SECTION 1. Be it enacted by the Senate and House of Representa-tives
of the State of Delaware in General Assembly met, That the
Company , said corporation, "The Temperance, Hall Company of Wilmington"
thorized to shall have power, and is hereby authorized to make and execute
execute bond under its corporate seal, attested by the president and secretary
warrant orwith
of attorney to treasurer, a bond with warrant of attorney to confess judgment, or
confess judg. other obligatory in favor of the vendor or vendors ofany
milt to von. lands, tenements or hereditaments of which the said corporation
dors of lands has or shall hereafter become possessed by purchase, .for. the pur- purchased by
said com pa. chase money of the same or any part thereof: and in like manner
nyor to ex- to make and execute a mortgage of such lands, tenements and here-ecuto
a mart- ditaments for securing said purchase money or any part thereof
gage
r8.°- with interest: any thing contained in the act to which this is a sup-chase
money. *mem to the contrary notwithstanding.
Passed at Dover, February 6, 1815.
CHAPTER XXVI.
AN ACT concerning limited partnerships.
SEerion 1. Be it enacted by the Senate and House of Representa-tives
of the State of Delaware in General Assembly met, That limi-
Limited part- ted partnerships for the transaction of mercantile, mechanical or
ncrships may manufacturing business within this State may be formed by two or
be formed, more persons upon the terms and subject to the conditions and ha-
B kin anng ilities prescribed in this act: but nothing contained in this act shall
powers pro. authorize such partnerships for the purpose of banking or insurance.
Whited.
SE°. 2. And be it.furlher enacted, That the said partnerships.rnay
Liabilities of consist of one or more persons who shall be called general part-partnere.
ners an,d shall be jointly and severally responsible, as general part-
4.1
STATE OF DELAWARE. 25 .
ners now are by law and of one or more persons who shall contri-bute
to the common stock a specific sum in actual cash payment,
as capital, and who shall be called special-partners, and shall nothe
personally liable for any debts of the partnershippexcept in the cases
hereinafter mentioned.
. .
. .
SEC. 3. Rnd be it further' enadia; That the persdag forming suet.' persons
partnerships shall m'afte and severally sign . a certificate, forming a
shall contain .the name. or-firirt under Which said partnership ja. partnelfship -
be conducted, the' names and respective places' of residence of all rorcatea.
the general, and special partners; distinguishing who are general and What said
who arespecial partners; the amount of-capital which each special cortificato
partner has contributed to the Coma-ion stock; the general nature of shalt contain:
the business to be transacted, add thd time when the' partnership
to commence, and when it is to terminate:
. .
SEC. 4. .4n d be.' it furthe'r enricted,Viint ne such partnership shall ertificato to be deemed to have.beeb formed Until a certificate made as aforesaid, be acknow-shall
be acknowledged by all'tbe_r`,partuers; before some justice of ledgod and
the peace and recorded in, theoffiee for recording deeds of the recorded:
county in- which the priacipal peace' of the' business' of the partner:.
ship is situated, in a book to be kept. for that purpose, open to
lie inspection; and ifl the' partnership shall have places of business'
situated in different counties, copy of the certificate certified by
the recorder of deeds in whose- office it .shall- be recordedshall be
filed and recorded in like manner in the- office' of the recorder of
deeds in every such county; and if any falsestatement shall be made
in any such certificate, all the'persons interested in the partnership,
shall 'be liable as general partners for all. the engagements thereof.
SEC. 5. And be it further enacted, That the partners shall for
six successive weeks immediately after such record, publish a copy
of the certificate above. mentioned in a 'newspaper printed in the. published in
county, where their principal place of business is situated;' and iftio a newspaper.
such paper be there printed, then in a newspaper printed iii the city
of Wilmington; and in case such publication be not so made, the
partnership shall be deemed general. .
SEC. 0. .4nd be it .further enacted, That upon every renewal ot.
continuation of a limited partnership beyond the time originally Blunribr Of
agreed upon for its duration, a certificate thereof shall be made, ac- renewing or
knowledged, recorded and published in the like Manner as is provided' c""i1,1g
in this act for the original formation of-Ihnited partnerships; and eve--partnerstaio.
ry such partnership which shall not be renewed in -conformity with
the provisions of this section shall be deemed a general' paratershai.
SEC. 7. Snd be it further enacted, That tliebusiness of the part- business of
nership shall be conducted under a firm' in which the names of the tho partner.
general partners only shall be inserted without theaddition of the tiPdretboad in word company or any other geneial term; and the general partners the names of
only shall transact the business, and if the name of any special the general
partner shall be used in such firm with his:consent or privityror if. Partners' he shall personally make any _contract respecting the concerns °rasiam otlraai upmarta..
VOL. X. 4
A
Dissolution
. of partner-ship.
=SA
26 LAWS OF THE
ing business the artnership, with any person except the general partners he
of firm, to be shall be deemed and treated as a general partner. deemed a
generalpart-ner.
SEC. 8. And be it further enacted, That during the continuance
Capital stock of any parnership, under the provisions of this act, no part of the
not to be re- capital stock thereof shall be withdrawn, nor any division of inter-ducal
during est or profits be made so as to reduce subh capital stock below the continuance
of partner, sum stated in the certificates before mentioned; and if at any time
ship... during the continuance, or at the termination of the parnership, the-aPsrptserotyf
firm orproperty or assetts shall not be sufficient to pay the partnership
being ili ;. debts, then the special partners shall severally be held responsible
dent to pay for all sums by them in any way received, withdrawn or divided
the partner- with interest thereon from the time when they were so withdrawn
ship debts, r special part. respectively.
ners held re-sponsible
for SEC. 9. And be it further enacted, That no general assignment by
all sums by said partnership in case ofinsolvency, or where their goods and estate
them recoil,- are insufficient for the payment of all their debts shall be valid, un-ed
or with- less it shall provide for a distribution of the partnership property drawn, with
interest, among all the creditors in proportion to the amount of their several
No general claims excepting the claims of the Government of the United States
assignment arising from bonds for duties, which are first to be paid or secured.
to be valid,
unless it pro- Sac. 10. And be it .furdter enacted, That all suits respecting the
'ides for a business of such partnership shall be prosecuted by and against the distribution
among all the general partners only, except in those cases, in which provision is
creditors pro- made in this act that the special partners shall be deemed general
portionally. partners, and that special partnerships shall be deemed general Suits respect-log
business partnerships; in which cases, all the partners deemed general part-of
partner- ners may join or be joined in such suits; and excepting also those
ship, how cases where special partners shall be held severally responsible on
prosecuted. account of any sums received or withdrawn from the common
stock as before provided.
' SEC. II. And be it further enacted, That no dissolution of a limi-ted
partnership shall take place except by operation of law-before
the time specified in the certificate before mentioned, unless a no-tice
of such dissolution shall be recorded in the office in which the
original certificate or the certificate of renewal or continuation of
the partnership was recorded, and in every other office whore a
copy of such certificates was recorded; and unless such notice
shall also be published for six successive weeks in some newspaper
printed in the county where the certificates of the formation of such
partnership were published according to the provisions of this act;
and if no newspaper shall at the time of such dissolution, be printed
in such county, then the notice of such dissolution shall be published
in some newspaper printed in the city of Wilmington.
SEC. 12. And be it farther enacted, That in all cases not other-wise
provided for in this act, the members of limited partnerships
shall be subject to all the liabilities and entitled to all the rights of
general partners.
Passed at Dover, February 0, 1845.
STATE OP DELAWARE. 27
CHAPT:ER XXVII.
AN ACT to establish the Wilmington and Brandywine Cemetery.
Certain lands in the city of Wilmington having been purchased
for the purpose of a Cemetery, viz: a lot of ten acres from Samuel Preamble.
Wollaston lying upon the Kennet Turnpike, northerly thereof, and
upon the ohl kiwi's road, easterly thereof, and a lot of upwards of
five acres-from James Canby, adjoining said first lot. on the north-erly
side thereof, and a small parcel from Eli Hillis; and the Wil-mington
and Brandywine Cemetery having been laid out on said
first mentioned lot, and being about to be extended over the others,
and !tinny burial-lots disposed of, application is-made to the General
Assembly for-an act of incorporation.
SpicTiox 1. -Be it enacted by the Senate and Rouse of Representa-tives
(y. the State of Delaware in ,General Assembly met, with the
concurrence of two-thirds of' each branch of thc Legislature, That
Willard Hall; James Canby, David C. Wilson, William Lea, Henry Company in.
F. Askew, Miller Dunnot, George Craig, Richard H. Bayard, Sam. eorperated.
uel Wollastoii; William B. Sellars, John A. Duncan, Jonas Pusey
and the other proprietors of burial lots in the aforesaid cemetery
be, and they are hereby constituted a corporation by the name of
The Proprietors of the Wilmington and Brandywine Cemetery, Name.
with capacity and power to take and hold by'contract, devise, be-quest,
gift, assignment- or purchase lands, goods and property, to Powers,
alien, transfer, use or dispose of the same, sue and be sued, have a
common seal, make by-laws; and with all other the franchises inci-dent
to a_ corporation; subject to the following restrictions, viz: the
said corporation shall not have or exercise any banking powers, Banking
nor hold property real and personal of a greater amount than twenty powers pro-thousand
dollars over and above the land aforesaid, and such other lolled.
land as may be added to the said cemetery and the buildings, fix- Cexacpeietadl !lotto
lures and burial lots in the said cemetery and belonging to the 000. 82° -
same; and the said corporation shall have no power to alien the Power to
land aforesaid or any part thereof, or any land that shall be here- alien orrar
after added to said cemetery or by mortgage, judgment or other- VtgelP
wise charge the said land or any part thereof with any lien or in-cumbrance.
The corporation shall-' be perpetuated by the transmission or
transfer of burial lots; all proprietors ..of burial lots being members Corporation
and each -having in all meetings one vote for every lot held by him perpetuated.
or her. The estate of the proprietors respectively in their respec-tive
lots shall be of qualified inheritance; that is to say, the same lErstoato-Frt°s' .
shall descend as real estate -to heirs; but it shall not be levied on, iz a
nor taken by execution, nor any process of law or equity, and ittka_ en by axe-shall
not be aliened nor devised smas to vest any right in the alienee erten, 'h. or devisee, withobt The approval of the board, of directors; and the otatir =Vey.
said lots shall be held subject to the constitution, by-laws and regu- ordireetors.
lations of the said corporation.'
28 LAWS OF THE
.
. SEC 2. And be it further enactedi -That the Ctinstittition estab-coestitutionliihed,
on or about the eleventh day of 'Mara in the-year our Lord
of the cOrpo: 'one thousand ei giI t-hu n d le d an d fo rty - few by the ss ubscribers the
ration Osta-blished
in aforesaid 'cemetery, With. the amendment,- shall, be in force and is
March, 1844, hereby adopted-as the constitution of said corporation; and.all the
to be if} fop acts-and proceedings done or had tinder it, shall stand ratified under
force.
- and by authority of ..this act, and the said Constitution shall be
ainendable aecording'ib.the terms thereof,
.
The directors that were chosen under the .said constitution shall
Di continue in -office accordinig. to the terms thereof, under this tlett rectors
pontinued. likewiseall. the officers that- have been chosen or appointed shall
continue in office under this act according to thp ternis or nature
of their'appointment. ' Allthe powers vested by the said constitu- .
Directors not tion in the board of directors shall ..belong to the said:board-under
to alien or in. this act: but the said board or directors shallhave no power tdalien
cumber the
land. or incumber the land aforesaid oreny part thereef, nor any. land t
that-may be added to-the cenietery, The directors may .gontraet
Directors debts on.their own rpsponSibility for the benefit of the cemetery, and
inay contract in order to enable the dikectors to pay the debts already contracted
fiehts on their.. by .them, or which may be hereafter:contracted, or toreimburse to own respon- -
sibility for them any 'Money which they or either of thenrshall advance in pay:
l!enefit of the ment of'snch debts or otherwise for the use of the cemetery, they
cemeltiedry, t)f, iltiva, a claim a.nd lien upon the proceeds- of the salebs uof rial
oPceeda"ofct lets irt _the cemetery,'and such proceeda shall be paid and applied
sales of burial to the payment of -sUch debts, or the reimbursement 'of such :id-iots;
' ithces so aslully to indemnify the directors in the premises; and if
director be rerridVeil from office this lien and claim shall continue
and he valid to him, his executors and adniinistrators.
SEC. 3. Snd be it further enacted, That certificates of burial lots
Certificates according to the form that has been prescribed by the board of di-of
burial lots. rectors, signed by the president and attested by the secretary, shall
be valid and sufficient. The records and record books- that have
been kept, and that 'shall ho kept under the constitution aforesaid s
Record books by the secretaryohall be competent evidence in- any court of law
to be ovi. or equity; and copies of said records and of -entries in said books fiance. certified by the secretary shall also bq competent evidence in such
courts,
SEO. 4. kid be it .further enacted, That no streets road or lane
shall be opened, made or laid out throngh or upon the, land afore- lNaon esst rtoee tbse or uu, or any adjoining kind .that shall be added to said cemetery:
opened this prohibition OW not apply to the laying out and making of
through the avenues and lanes in the cemetery by the board of directors, for
cemetery, the purposes of the'cenretery. The land.aforesaid,' or any land that bLlAe ntdo ntaugat- hal be added to said cemetery, adjoining thereto, shall not be lia-
Tien. ble to taxation or tissessment.
SEC. 5. Jlnd be it further enacted, That any person who shall
fe.nigties for wilfully do any injury to the said cemetery, Or the buildings,Tences,
laid :mt.. or fixtures thereof; or theni onumen ts or trees therein, or the shrub-ry,
or the bory, or commit any trespass on .the said land, shall ,pay to the
STATE OF'DELiWAO. 29
corporation:lor everrst4;ipjury or trespass., the sum of two doh., buildings,
hirs;:.and for wilfully doing the same injury, or an injury of the 1111= -lijkind.or committing a-like trespass a second' time the stkr-Oflorea.
thfee dollars;: and for wilfully doing an .itijory of the like kind,. or
-committing alike :trespass a third tithe, the stake( Six _dollars: or
in e.vety such case the corporation' may elect to proceed for dama-ges,
and in that casa'Shall recover treble:damages,
if any person shall place any matterinf the cemeterrin contra-
-.vet-Ilion of 'the regulation i of the boaid'of directors or..or,theeon-stitittion,
and shalt not remove the same upon' request,..and pay alt
damages, he shall bedeemed Oresp.asser ab,initio. .1The-mayoe of Thomaior Of
Wilmington and-the justices Of the peace for New ,Castle;county, Wilmington
shall severally have jurisdiction of all injuries, trespasses and 'causes oarthjouiptaiacce:
of action'Arising*under this section, if the damages denotexceed to have juris-
:lifty In every. case of recovery double costs shall be diction of .
awarded to the plaintiff.' .- caurs under.
this section.'
.
SEQ. . 6. And be itfuriher enacted,-That this shallb_e. a 'public act, ict.
and the power of revocation is reseiwed' to the Legislature. .
SFA, ..and.be it furtlf6. eilocted,, That the board2of 'directors
shall have power to give:to theeemetery any narnelhey niay d_eeme. Po wer of di- proper; but the name 0f the corporation .shalrcoritinue .as given rctors to
. -. . give a
by the first section of this act; -and all corporate .papees and pt0- ny:name to the
ceediOgs, and all title -papers shall bolt) that /tithe; cemetery.
SEc. 8. And be it further enactedranct declared, That, this is an InceriOra,
,neorporation.for pufilic improvement'. . . . fion for pub-
. lac improve-.
Passed at Doyen, February 8,', 1845. 1119nt"
f
CHAPTER XXVIII..
AN ACT -to incorpgrate the Brandywine Manufacturing Company.
SiOTION i. Be it enacted by the Senate and House of Representa-tives
of the State of -Delaware in .General Assembly met, (two-thirds
of each branch of the Legislaturaconcurriug therein,) That Edward
Tatnall, Joseph T. Price; James E. PriceJtnd.Edmund Canby, and Company in.
such otherfas may hereafter be .associate4.with them, for' the pur. corporated.
pose of carrying on. the manufacture of 'cotton, woollen, paper, flax,
iron or any other Material which they mayfromrtime to time adopt
or SubStitute,,at or near the .village of Brandyyiiinp,, in Brandywine
hundred in the county of New Castle, .shall be .andAariihereby Or-dainedlind
declared to be 'a 'body politic and. corporate; by the
name of .!,Tho .Brandywine ManUfacturittiCcimpany, ' and by that Name.
name, they awl-their successors. an assigns shall and may have
LAWS OF THE'
... - - ' '
. , -continued succession f' years',40d.:no lonari e1r: 4" aiiirlie.-e-aria--ii.,-
104...ei,
Powers. ble.tO sue andbe sued,,iri courts of li,W..;and. eqUityr_to purehas 'A
-E,i1G1.'s- lake,enjoy, sellf-and alien, lands,. tenements, hereditamentWkoeq,i t. .
chattels and ' effects- of'-eVery triture, whioli-:;May be Coiiiideteilz.:
- ---r ` with or, conducive' fo the ',purpose for .whiCIT!- said-- comn'ar+.14
established; to- have a common seal, to ordain by-laws .fortheir-own;
gOvernmentrnot regnant to the constituiton. or laws of.the
United States, or of this State,2,and to enjoy'the franchises incident
Dunking , to a 'corporation: Provided Always', that the-said corporation shall - powers pro- m- et have Or exercise any banking -powers whatever, and that their
.hibited.
,Cnp,- italA,, *. - -said capital sttoo ck shall' not exceed three hundred thousand dollars.
- t . "A;41.. .. A A
A A So.--.2. And he ii further %enacted,. That thc business tintl,con-. -
.... 'V' N-,A
'Directors: earns of the said corporation 'shall be mantter.r by..fbur:direetors,.
- -- - who shall be stockholders, and shall be elected atmidi annual met.'
ing of the stockholders whi-ch shall he - o& the' second Ttiesday of
.February,in every year, and Shell continue in office 6116141m next
- sacceeding.aanual meetinapii until suceeisors. to thorn boduly
-irectors, chosen; The directors Shall be.elected by ballot by thestockheld-
-low elacted...ers in'person or by,.proxy; who shall lire a vote for every share
, of stock, and-amajority of votes giveri4 shall bc-pecoesary to a . choice, and such.ballot-shall he made frOM time letlime until the
. requisite nurnber.Ordirectoit shall have such'a majority. If a di-vacAiicies....
reator ceasefol.?ea stockholder, and if.,any vacancy or vacancies
' --, shall odour either. by-death, resignation, refusal to serve, or from
any other cause,. the remaining directors or director, shall choose
one or More ditctors to servo untilthe next election in course, or
In base an until successors shall be duly...chosen: but if vacancies shall at any
election be time exist hi all theoffieesof directors, or irsuch clifectors shall
pnoorta itiipotnd , Bciortrh- not be chosen at th-timeitlappOinted herein. the corporatidii sh- all 4.i.
not cease. not thereby cease, but in the former ease, suckpersons shaltmanage
the business and concerns of the said corporation as maybe provi-ded
by its by=laws, anctin the latter case the directors shall-continue
'\ in office until successors,:shall:be actually chosen, and enter upon the duties, of their office.' The directors shall choose from among
President. their number a presiden't;.',who shall have such powers and duties,
as shall be provided by the -by-laws. 'The directors until the first
annual meeting after this act shall go into operatiOn and.utitil others
Directors ap- shall be appointed and shall' act, shall be Edward Tatnall, Jo.
pointed, seph T. Price, James E., Price and Edmund Canby. ;.
-
.
SEO. 3. And be it further4brigqied, That all 'by-laws shall be mado
-By:laws. by the stockholder e at their annual or other ineetings called by /Ir.
tue of the' by-laws ,maiWat an annual meetini,, except thosemado
before the, fir-A-annual Meeting after this aashall:gctlintb Operation,
for whichspurposoolii:Stoekholders,may.b'elonveheil at the dired-tors
may'prescribe'atallWliich-meetings, all questions.Shall.b& de-
--cide&by.a.thajOrity Of ,VOtogiven, in.person.and by proxy,- each-1
share having,,-one.vote..4- - - . .
$ge.`-e.and be it furthek-enacled,"Yhat..the directors, shall atlirl
-
,
,
k'
A- t.'
Tyl.,
STATE trOMYETAWAR,E. ,.. ' ' , . ' . -..3r::
,,, . 444, 1.-
- ''tr :*1 k:
--a_ 1 I
, limes,;keep,Oicauseto beleptproper books .0e.,ccounts in which shall 13001,E.8 of
;,7.6L-Alt,hial'iy' t:etitei".ed 'allifaillitietions'cifthe';Seill'cOiptiration; -Which:co* t9.4P.', ,
. . P kopt.opete,:tor ,....
- bjF,t4MIlae's.iilijoet..at a1r:times:1.p the inspeCtiorrOf the stOCkhold-Inspecthin-of
.. --*.,estitaililh e'direetikksliall 'Onee..in'every,,yeaicntake an account stockholder's
fi
.v ,
,f,tqsrii014.property".0if,cf...-6frects belonging corporation,-and
1 ofaltlebts owing by Or to the said corporation, and inake'dreeord ''.:; I - t 1 thereof.in it beak to he kept for that- purrigap, an,d exhibit the 'Same
to the stockholders-at their annual meeting; and no directoi'ihall , 4-
havirany einolument eaceept such as,Shillibe allowed bY the stoek., ''..
holders at their annual meeting, or be prescribed by thelkiy-laWs.t .. -
Soc. 5. And be it :rurther, enacted, That the shares of thextipital Saree h'of. .i - . .1! 1
8 iOck to,be ,,. , stockshall he one'hundred -dollars ,each; and be personal propert$T,
- ..canesliall, he created, ..Certified, he'ld; arranaed and.assignableac- portonal pro.!
r, - .. - petty. -.. '-,, Cording,tolhe preiiiiiens of -the hy-laws. -
.
,,,
,v-k,', - -.- !......,f / r SEC. 6. And be itfuriker enactel, T1fat3.the capital stock`shallbe, ::: ,,,,- -
paid in suCh'inatiner, and in such irlitalments;an'd'anstich,times aa:4,: -
the directors shalt appoint, and the saineShall be forfeited accord-. -
ing to the provisins of the by-laws. . - ,4/...,
r.".4- i ' '. l ..' ... ' " , ,
Sec. 7. And be itfurther enacted, That this act shall be deemed 4. ,
and taken to ,15óa-publicct:. Provided, . tbat,poviTer, is hereby re-Public net, , ,..--.
served to the General Ageinbly to rOoke,this.aet.: ofincoipiiiatiop. ..: 1
t 4' - ' t Passed at Dover, Febi,*,-ary.7,1§1.i.5,t' * , . . *" ,.., ,.
- . .4
.4100044(t(4111. ,, it '0
-4-- ,41 - - , , .-. ,.. --, 4. CHAPTER XXIX. ' . AN ACT' to revive and continue inffOrce the act- entitled "An Act.
to enable William Masten to locate certtiin vacant lands situate in
Kent county, and to complete his title to thi same.
Private act.
Passed at Dozier, February 7, 1845.
-0+41141114 |
| Date Digital | 2010 |
| CONTENTdm file name | 3072.cpd |
Description
| Title | Laws of the State of Delaware - Volume 10 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | - , I 1,4 ' : %.".. 4 4 COMMENCED AND IILD AT DOVER, - , THE YEAR OF ORR LORD, . ' . . kstSatoiv or THE GENERAL ASSEMBLY, . . tp, , . IN - ON TUESDAY THE SEVENTH DAY OF JANUARY, ATE OF DELAWAR: k 4 9 . PASSED AT ONE4HOUSAND EIGHT HUNDRED AND FORTY- FIVE, t+ HE SIXTYVINTH. Inr.: 461110111TY. , , DOVER,- DELA 5. KIMX" PRINTER.' ar 1845. INDEPENDENOE OF THE UNITED STATES ' e |
| CONTENTdm file name | 50866.pdfpage |
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