Laws of the State of Delaware - Volume 10 - Page 1 |
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: %.".. 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 rt:A L';' 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 |
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| 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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