How divided two election districts, eastern and western. The Brandywine Eastern Election District shall be composed of all that portion of said hundred east of the following line, to wit: Beginning on the Delaware River at Quarryville Creek, thence with the several meanderings of the main branch of said creek until it intersects the Cabin Road, thence with said Cabin Road until it strikes the Folk Road at Talley's Corner, thence with the said Folk Road to Miller's Corner at the crossing of the said Folk Road and the Grub Road, thence with the said Grub Road until it strikes the Naaman's Creek Road, thence from the said intersection of the Grub Road with the Naaman's Creek Road in a straight line with the Grub Road until it strikes the Pennsylvania line. All that portion of said hundred west of said line to be called Brandywine West Election District.

Elections,

SECTION 2. The elections for the said Brandywine East Election where held. District shall be held at the Tavern House called the "Practical Farmer," now occupied by John B. Grubb, and the elections for Brandywine West Election District shall be held at the Academy in Brandywine Village, as heretofore.

Electors to

SECTION 3. At the said places shall be held the general vote, where. elections, all special elections for the members of the General Assembly and Representative in Congress, elections for Electors of President and Vice President of the United States, and elections for Assessor of the said hundred, and for Inspectors of the said election districts. The electors residing in the said hundred shall vote in the election district in which they shall at the time reside.

Election laws to apply to election in said district.

SECTION 4. All the laws of the State touching elections held in the several hundreds of the State shall apply to elections for the same officers of the said election districts, excepting only so far as Exception. the general law for the election of Assessor and Inspector is qualified by the provisions hereinafter contained.

Assessor and

Presiding and how ap

pointed.

SECTION 5. There shall be elected in accordance with the proInspectors. visions of Chapter 17 of the Revised Statutes, one Assessor for Brandywine Hundred and one Inspector for each of the said districts. In such election for Assessor and Inspector, the Collector of said hundred shall be the presiding officer of Brandywine officer, when West Election District, and some qualified voter of the district, to be appointed by the Levy Court of New Castle County in the month of March next previous to the election, shall be the presiding officer for Brandywine East Election District, and shall have all the powers and perform all the duties of the presiding officer of such election according to law; and if at any election for Assessor and Inspector in said Brandywine East Election District a presiding officer shall not have been appointed or shall not be present at the time and place of opening the election, the electors present shall choose a presiding officer for said election, according to the provisions of Section 10 of Chapter 18 of the Revised Statutes. The

Levy Court of New Castle County shall at the time of the appointment, make provision for the furnishing by the Collector of a list of the voters of the said hundred to the person appointed as presiding officer as aforesaid.

of election.

SECTION 6. Immediately upon closing the election for Assessor Certificates and Inspector in the said election districts, and ascertaining the state of the vote, the presiding officer and judges of the election in each of said districts shall make and sign certificates according to law of the election of Inspectors, varying from the form prescribed for that purpose by omitting the Assessor, and in lieu of including the election of Assessor in such certificate, they shall make and sign a certificate of the number of votes given for each candidate voted for as Assessor.

officers to

where.

SECTION 7. The said presiding officers and judges of both the Presiding said election districts, shall assemble on the day next succeeding of said election, at 12 o'clock, M., at the place of voting in Brandy- when and wine West Election District aforesaid, and ascertain the aggregate number of votes given in both the said districts for Assessor. The candidate having the highest number of votes shall be declared duly elected Assessor, and the presiding officers and judges shall make, sign and deliver certificates of said election according to law. If two candidates for said office shall have the highest and an equal number of votes, the Collector or presiding officer of said Tie vote. Brandywine West Election District shall give a casting vote, which shall elect the candidate in whose favor it is given. Passed at Dover, February 7, 1861.

CHAPTER 20.

An Act to incorporate the Dover Gas Light Company.

corporated.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two- Persons inthirds of each branch concurring therein,) That Daniel Trump, Seneca E. Malone, Robert Taylor, David F. Burton, Charles Ñ. Trump, John H. Cooper, A. B. Richardson, and Charles Trump, and their associates or persons who shall become stockholders, be and the same are hereby made and constituted a body politic and Name of corporate, by the name and style of "The Dover Gas Light Com- Company. pany," and by the said name they and their successors shall and Powers, may have perpetual succession, and shall be in law capable of sueing and being sued, pleading and being impleaded, in all

Seal.

Proviso.

Objects of

tion.

Courts and judicatories whatsoever, and also of contracting and being contracted with, relative to the business and objects of the said corporation, as hereinafter declared; and they and their successors may have a common seal, and may change and alter the same at pleasure, and they and their successors as aforesaid shall have power to lease or purchase in fee simple such real estate as may be necessary for carrying on the business of said corporation, and in their corporate name to make and execute their obligations for their liabilities created for the purchase money for the same, and other necessary effects of said corporation as they may decree expedient: Provided, That such liabilities shall be created only for the purposes stated in this act.

SECTION 2. That the corporation hereby created is so created torpora for the purpose, and for such purpose shall have authority of supplying gas to light the town of Dover, and such individuals residing therein as may desire a supply of the same; and for distributing and selling gas for the production of artificial light, and for making and erecting the necessary apparatus for manufacturing, distributing, and introducing the same, and constructing the requisite buildings and machinery, and purchasing and preparing the necessary materials, with the right to enter upon any to lay pipe, public street, lane, or highway for the purpose of laying down the pipes necessary for conducting said gas, and to repair, alter, and inspect the same, doing as little damage as possible to the streets, lanes, and alleys, and repairing the injury that may be done to the same, with as little delay as possible, and securing the citizens from accident and danger whilst so laying down or repairing their pipes.

Right to

enter streets

&c.

Capital stock

creased.

SECTION 3. That the capital stock of the said Company shall How divided be fifteen thousand dollars, to be divided into three hundred May be in shares of fifty dollars each, with the right to increase said capital stock, from time to time, as the Board of Directors of said Company shall deem necessary: Provided, That the whole capital stock shall not at any time exceed thirty thousand dollars: and Provided further, That said Company may, in lieu of increasing their capital stock, be authorized, if the Board of Directors and a majority of the holders of the stock already subscribed shall so May borrow determine, to borrow money to an amount not exceeding the amount said capital stock may be increased, and to make and execute a mortgage or mortgages, pledge or pledges, of the property and effects of said corporation, for the security of the repayment of the amount borrowed, or give such other evidences of indebtedness as may be agreed upon.

money.

Security.

Temporary

SECTION 4. The management and control of the "Dover Gas management Light Company" shall be vested in the persons named in the first Section of this act, until the period herein fixed for the regular election of Directors of said Company.

Directors.

non-election,

&c.

SECTION 5. There shall be an annual meeting of the stock- Annual holders on the first Tuesday in April, in each and every year meeting. during the continuance of the corporation. An election of Di- Election of rectors shall be held at the annual meeting before mentioned, in each and every year, at which five Directors shall be elected. If said meeting shall not take place, or said Directors shall not be In case of elected on the day appointed, the corporation shall not for that reason be dissolved, but the Directors then in office shall continue to perform all their duties, and shall retain all their powers until such meeting shall take place, and such election be made. Occa- Occasional sional meetings of the stockholders may be called in the manner prescribed by the by-laws. All elections shall be by ballot. The Elections to stockholders respectively shall be entitled to as many votes as be by ballot. they shall respectively hold shares, one vote for every share, and Each share the stockholders who may be absent from such meetings shall be feder entitled to vote by proxy in all elections, and on every subject to one vote. and question which may come before the meeting; but no share shall confer a right to vote, unless the same shall have been bona file held for one calender month prior to the meeting.

meetings.

of stock entitles holder

SECTION 6. Said Company shall procure certificates, or evi- Certificates dence of stock, for all the shares of the said Company, and shall of stock. deliver one such certificate, signed by the President, and countersigned by the Secretary, and sealed with the common seal of said corporation, to each person for such share or shares of stock as by him or her are respectively owned; which certificate of stock shall be transferable at his or her pleasure in person, or by attor- How transney duly authorized, in the presence of the President or Secretary, in a book to be kept by the said corporation for that purpose.

ferred.

Directors.

SECTION 7. The Board of Directors of said Company shall Meetings of meet at such times and places as shall be provided in the by-laws of said Company; four of whom shall be a quorum, who in the Quorum. absence of the President may choose a Chairman, and shall keep the minutes of their transactions fairly entered in a book; and a Minutes. quorum being formed they shall have full power and authority to Powers. purchase lands, gas works or erect the same; to appoint all officers, and employ such assistants as shall be necessary to carry out the objects of this corporation; to direct what orders shall be drawn upon the Treasurer, which shall be signed by the President, and countersigned by the Secretary; to fix all salaries and rates for the use of gas; to enact by-laws for the proper regulation and government of said corporation, and generally to do such matters, acts, and things, as by this act and the by-laws of such corporation they are authorized to do.

SECTION 8. The Board of Directors of said Company shall Dividends. declare dividends of so much of the nett profits of the Company,

as shall appear to them advisable, on the first Tuesday in April When de

clared.

Interference with gas

bited.

and October of each year, which shall be paid to the stockholders on demand ten days after the same shall have been declared.

SECTION 9. If any person or persons shall open a communica pipes prohi- tion into the gas main or other gas pipe of said Company without authority from the Street Inspector, or other authorized agent of said Company, or shall let on the gas after it has been stopped by order of said Inspector, or other authorized agent of said Com. pany, for repairs, or any other cause or purpose, or shall put up any pipes or burners in addition to the pipes originally put up and inspected, and introduce into them the gas, without authority as aforesaid, he, she, or they shall be subject to a penalty of not Penalty. less than five, nor more than fifty dollars, to be recovered before any Justice of the Peace, as debts of like amount are by law recoverable, one-half to be paid to the informer, and the other half to said Company.

Persons injuring gas

Works, &e, guilty of

misdemea

nor.

SECTION 10. If any person shall wilfully or maliciously do, or cause to be done, any act or acts whatsoever, whereby any building, construction, or works of said Company, or any gas pipe, gas post, burner or reflector, or any matter or thing appertaining to the same, shall be stopped, obstructed, injured, or destroyed, the person or persons so offending shall be considered guilty of a May be in misdemeanor, and inay be therefor indicted in the Court of General Sessions of the Peace and Gaol Delivery, in and for Kent County, and on conviction thereof, shall be punished by fine not exceeding five hundred dollars, or imprisoned not exceeding one year, or both, in the discretion of the Court: Provided, That such criminal prosecution shall not in any way impair the right of said Company to a full compensation in damages by civil suit.

dicted.

Penalty.

Suit for damages.

Stock. How paid in.

Notice.

Neglect to pay install inents.

SECTION 11. Subscribers to the capital stock of said "Dover Gas Light Company" shall pay to the managers for the use of said Company, at the time of subscribing, the sum of five dollars on each share. The residue of the amount so subscribed for shall be paid in such manner, and in such installments, and at such times as the Directors shall appoint. At least ten days notice shall be given of the manner and time which they shall appoint for the payment of any installment. Such notice shall be by publication in one newspaper printed in Dover, or otherwise, as the Directors shall think proper.

SECTION 12. That if any of the installments which may be called for as aforesaid, shall not be paid within thirty days next after the time in said call appointed for the payment thereof, the said Forfeiture. Directors may either declare such share or shares forfeited on which default is made, in which case they may be disposed of at the pleasure of the corporation, or they may sue for and recover the installment or installments, or part or parts remaining unpaid.