Obrázky stránek
PDF
ePub

When declared.

Report of
President

and Direc

[ocr errors]

Company

struct a rail.

road. Where.

Course.

of such portions of such profits as they may deem advisable; the times for which shall be fixed by the by-laws, and public notice thereof shall be given by them. And at such annual meeting of the stockholders it shall be the duty of the President and Directors of the preceding year to submit a report, and to exhibit to them a full and correct statement of the proceedings and affairs of the Company for that year.

SECTION 10. And be it further enacted as aforesaid, That the said may con- Company be and they are hereby authorized to survey, locate, and construct a railroad, with one or more tracks, as follows, that is to say: to begin at the sideling, at the south end of the switch at Townsend, on the Delaware Railroad, and from the said. point so fixed on the Delaware Railroad aforesaid, to run by the most direct and eligible line, or route, to the line dividing the State of Delaware and the State of Maryland; to intersect said State, or dividing line from the aforesaid place of beginning at such point, or near as practicable, in a direct line from the aforesaid place of beginning, to such point on the State line at the intersection where the Smyrna and Head of Sassafras road crosses the State line, or to such other point on said State line within one and a half miles south of where said road crosses said State line, nearest to and in the most direct line of the Kent County Railroad, in the said State of Maryland, and to intersect and connect with the said Kent County Railroad, at such point on said last mentioned railroad, in said State of Maryland, as may be selected and fixed upon by the said Company hereby incorporated, and to conMay unite nect and unite their said railroad with the Delaware Railroad with el aforesaid, with the assent of the Delaware Railroad Company; road and and also to connect and unite their said railroad with the said Kent County Railroad. Kent County Railroad, in said State of Maryland, with the assent of the President and Directors of the said Railroad Company, Terms, how upon such terms and conditions as shall be arranged and agreed upon by the said Railroad Companies respectively, to be reduced to writing, and authenticated under the scals of the said ComMay enter panies respectively. And for the purposes of surveying, locating, upon land. and constructing the said railroad as aforesaid, the said Company shall have full authority to enter upon any land, public or private property, necessary therefor; and to procure sand, gravel, wood, and other materials therefrom; and to obtain right and title to the same as hereinafter provided.

Delaware Rail

pecified.

Condemna

for road;

how pro

cured.

SECTION 11. And be it further enacted as aforesaid, That whention of lauds ever any land, earth, sand, gravel, or other materials necessary to be taken and used in the construction of the said railroad cannot be procured or purchased of the owner thereof, by agreement between him and the said Company, the latter may apply to the Superior Court of New Castle County, or to any Judge thereof in vacation, first giving the other party at least five days notice,

By whom.

num.

in writing, of the intended application, if within this State, and the said Court or Judge shall appoint five judicious and impartial freeholders to view the premises, and assess the damages which the owner or owners will sustain by reason of the said railroad's passing through it, in taking and using the same. The said free- Freeholders holders shall be sworn or affirmed before some Judge, Justice of to be sworn. the Peace, or Notary Public, before entering upon the premises, faithfully and impartially to perform the duty assigned them, and Their duties. they shall give ten days written notice to the owner or owners of the premises, if within this State, and the same to the President of the said Company, of the time of their meeting for the discharge of their duty, which shall be upon the premises, and they shall make report in writing, under their hands, or the hands of a majority of them, to both parties; but if either party be Writ of ad dissatisfied with the damages so assessed, such party may, on quod damapplication to the Prothonotary of the Superior Court in and for How proNew Castle County, within thirty days after such assessment, sue cured. out a writ of ad quod damnum, requiring the Sheriff, in the usual form, to inquire of twelve impartial men of his bailiwick of the damages aforesaid, and their report shall be final: Provided, always, that the minimum amount of damages awarded in any case, shall be the actual cash value of the land, earth, sand, gravel, or other materials, so to be taken and used as aforesaid; whereupon the damages so assessed being paid by the said Company to the party entitled, or into said Court for his, her, or their use, whether they be under any disability, or, in or out of this State, the title to the land and premises described and condemned in said report for the purposes aforesaid, shall be absolutely vested in the said Company, their successors and assigns. The fees of the said freeholders and Prothonotary in all such proceed- Fees, by ings shall be fixed by the said Court, and in all cases shall be whoin paid. paid by the said Company.

SEC. 12. And be it further enacted as aforesaid, That it shall be Crossings. the duty of the said Company to construct and keep in repair good and sufficient passages across such railroad, where any public road shall cross the same, so that carriages, horses, persons, and cattle, shall not be obstructed in crossing said railroad; it shall likewise be the duty of the said Company, when the said railroad shall intersect any farm, to provide and keep in repair a suitable passage across the said railroad for the use of the said farm, and also to erect and maintain along the whole line of said. railroad, on both sides thereof in this State, (before the said railroad shall go into operation,) a good and substantial fence, so as Fences. not to obstruct the travel on the public carriage roads, in the said Appoquinimink hundred.

SEC. 13. And be it further enacted as aforesaid, That if any Penalty for person or persons shall wilfully and intentionally damage or jury to obstruct the said railroad, or any part thereof, or any part of the Company

Failure to

not to dis

ation.

works, cars, or other property of the said Company, any person or persons so offending shall be liable to the said Company in a civil action for double the damages sustained; and shall moreover be guilty of misdemeanor, and on indictment and conviction, shall be fined not exceeding one thousand dollars, at the discretion of the Court.

SEC. 14. And be it further enacted as aforesaid, That if at any elect officers time an election of officers of the said Company shall not be held solve corpor- and had pursuant to the provisions and appointment of this act, the corporation shall not for that cause be deemed to be dissolved; but it shall be lawful to hold and have such election, at any time afterwards, on giving ten days notice thereof in two newspapers published in this State, of the time and place of holding such election, and it shall be lawful for the Governor of this State, for the time being, to supply any vacancy or vacancies that may occur among the Commissioners appointed by this act.

Tax to the
Stato.

Public act.

SEC. 15. And be it further enacted as aforesaid, That the said Company shall pay semi-annually into the Treasury of this State, a tax at the rate of one-half of one per cent. per annum on the capital stock of the said Company actually paid in, whenever the business of the said Company shall over and above its liabilities or expenses yield to the stockholders a profit or dividend on such stock, equal to the rate of nine per cent. per annum.

SECTION 16. And be it further enacted as aforesaid, That this act shall be deemed and taken to be a public act, and may be pleaded and given in evidence as such, in all courts of law and equity in this State. And that this charter shall be deemed and held to be perpetual, or without limitation as to time, subject, Revocation. nevertheless, to the power of revocation for this [the] misuse or abuse of its privileges by the said Company, which is hereby reserved to the Legislature.

Passed at Dover, January 29, 1861.

CHAPTER 10.

An Act to amend an act entitled, "An Act to incorporate a Bank in Middletown, under the name of 'The Citizen's Bank of the State of Delaware, at Middletown.'"

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the State of Delaware in General Assembly met, (twoChap. 69, thirds of each branch of the Legislature concurring therein,) That the act, entitled, "An Act to incorporate a Bank in Middletown, under the name of 'The Citizen's Bank of the State of Delaware,

Vol. 11,

amended.

at Middletown,'" be and the same is hereby amended as follows, to wit: 1st. By striking out the word "seven," where it occurs in Sections 6 and 7, and inserting in lieu thereof the word "nine." 2d. By striking out the words "Three of the said Directors shall not be eligible for more than two years in succession," in Section 6, and inserting in lieu thereof the words, "One of the said Directors shall not be eligible to a re-election." 3d. By striking out the word "July," in line sixteen of Section 7, and inserting in lieu thereof the word "May." 4th. By adding to the sixth fundamental article of Section 9, after the word "bank," the words "deposits not included." 5th. By inserting after the word "centum," and before the word "on," in line three of Section 10, the words "per annum.'

[ocr errors]

SECTION 2. And be it further enacted, That the said act of incorporation shall be read and construed as hereby amended, and shall be so published in all future editions of the laws of this State.

Passed at Dover, February 1, 1861.

CHAPTER 11,

A Farther Supplement to an Act entitled, “An Act to incorporate a Bank in the City of Wilmington, under the name of The Mechanics Bank," passed at Dover, February 14, 1855.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (twothirds of each branch thereof concurring,) That in case of a vacancy or vacancies in the Board of Directors of the Mechanics Bank, by death, resignation, removal from the State, or otherwise, the remaining Directors shall have power to fill such vacancy or vacancies from among the stockholders of said bank.

SECTION 2. And be it further enacted, That instead of three Directors being ineligible for re-election every two years, two Directors shall be ineligible every year.

SECTION 3. And be it further enacted, That so much of the act to which this is a further supplement, as inconsistent with, or repugnant to this act, be and the same is hereby repealed, made null and void.

Passed at Dover, February 5, 1861.

Preamble.

Prothono

vide books.

CHAPTER 12.

An Act authorizing the making of certain Indexes to the Records of the Superior Court in Sussex County.

WHEREAS by Chapter 337 of Volume 11 of the Laws of the State of Delaware, certain provision was made concerning the indexing of the Judgment and Continuance Dockets of the Superior Court in Sussex County; and whereas under said act but two of said records, to wit: the Judgment Docket, marked 1831 and 1836, have been indexed; and whereas all of the residue of said records, embracing some nine volumes, have no general index other than those annexed to each volume, some of which are becoming effaced and worn by time and repeated use, causing great inconvenience to the public; therefore,

SECTION 1. Be it enacted by the Senate and House of Representary to pro- tatives of the State of Delaware in General Assembly met, That John Turpin Moore, the present Prothonotary of the Superior Court of the State of Delaware in Sussex County, shall provide two or more good, substantial, and well bound books, in which he shall make a full and complete direct and reverse index to all of the Judgment and Continuance Dockets of the Superior Court in and Contin- Sussex County, for the indexing of which no provision has heretofore been carried into effect.

To make index to Judgment

nance Dockets.

Commission

mine and

compare.

To make

SECTION 2. And be it further enacted, That Jacob Moore and ers to exa- Charles M. Cullen be, and they are hereby appointed Commissioners, whose duty it shall be to examine the said transcript or copy of said Judgment and Continuance Indexes, after their completion as aforesaid, and if they approve of the execution thereof, they certificate. shall certify the same to be a true and faithful transcript, and that then and after such certificate, the said books containing the Indexes so as aforesaid ordered to be made, shall become the index to the Judgment and Continuance Dockets aforesaid of said Superior Court, in lieu of the indexes now used therein; and the said Commissioners shall also fix the sum to be paid to the said xed by John Turpin Moore for his services upon the completion thereof, and report the same to the Levy Court of Sussex County by their certificate, and thereupon it shall be the duty of the said Levy Court to pay to the said John Turpin Moore the sum so as aforesaid fixed by the said Commissioners, as also to the said Commissioners a just and reasonable compensation for their ser

Compensa
Hou
Commission-

er's.

How paid.

vices.

Passed at Dover, February 6, 1861.

« PředchozíPokračovat »