cupy any the shore of River or Bay as in Sec. 11. SECTION 12. And be it further enacted as aforesaid, That when- May enter ever it shall be necessary or expedient for the said Company to upon or oc enter upon or occupy any portion of the shore of the Delaware portion of River or Bay, or Smyrna Creek, commonly called Duck Creek, Delaware or any other land or lands for the use of said Company, it shall be lawful for them to enter upon the same, and hold, use, occupy and enjoy so much thereof as shall be necessary and proper for the use and benefit of said Company, and may make and construct such piers, docks, wharves, roads, houses, and other struct piers. needful buildings, structures and improvements as may be conducive to the interests and objects of the said Company, and the damages to the owner or owners of any such shore or land. so taken and used by the said Company, shall be ascertained and Damages paid as hereinbefore provided in this act in relation to other ascertained property to be taken for the use of said Company. Provided. however, That if either party, as well as the owner or owners of any such shore or land mentioned in this section, or of any lands, materials, or other property mentioned in the preceding section of this act, as also the said Company shall be dissatisfied with the damages assessed by the Commissioners as hereinbefore provided, such party may, on application to the Prothonotary of the Superior Court of the county where the said shore, land, or other property lies, within thirty days after such assessment by the said Commissioners, sue out a writ of ad quod damnum, writ of ad requiring the Sheriff, in the usual form, to inquire of twelve od damnimpartial men of his bailiwick of the damages assessed, and their taken report shall be final. Provided, further, That in the event of a writ of ad quod damnum being sued out as aforesaid, if the damages assessed by the jury selected by the said Sheriff shall exceed the damages assessed by the Commissioners under the preceding section, the costs of said writ shall be paid by the Coats. Who defendant or defendants in the suit; but if they do not exceed to pay. the damages assessed by the Commissioners aforesaid, the party or parties suing out said writ shall pay the costs, and the person, persons, or company who may be entitled to the same, may recover the said costs by action of debt or otherwise, as debts of How to rea like amount are recoverable by the laws of this State. Whereupon the said Company paying the damages so assessed as last aforesaid shall become entitled to have, hold, use and enjoy the said land for the purposes by them required as aforesaid, and in case any owner of land necessary for the purposes of said Company shall be a minor or non-resident, or for any cause where the incapable of receiving, or unwilling, or neglecting to receive said owner of the damages, or to call upon the said Company for the same, the nor or nonsaid Company [shall] deposit the amount of the said damages to the credit of such owner or owners in the Bank of Smyrna, subject to his or their order, whereupon the said Company shall be entitled to have, hold, use and enjoy the said land and premises um, How Cover. land is a mi resident. required for the purposes of said Company, for or on account of which damages shall have been so assessed; and in case of the death, or refusal, or inability to serve of any such Commissioners, the said Superior Court, in term time, or any judge thereof in vacation, upon the application of said Company, may fill any such Vacancies vacancy, and the Commissioner or Commissioners thus appointed, Commision- being first qualified as hereinbefore required, shall have full power to act in the premises as and with the other Commissioners appointed. among the ers. How sup plied. Authority of &c. SECTION 13. And be it further enacted as aforesaid, That the Company to said Company shall have full authority and power to buy, lease, build houses build and hold houses, shops, depots, bridges, and other necessary works and improvements, and also real estate necessary for their corporate purposes, and when the final survey of any part or parts of said road shall be made by the Company's Engineers, such survey shall be recorded in the Recorder's Office of the County where the land surveyed is situated, and the record thereof shall be evidence of the route and limits of said Railroad. Final surveys to be recorded. Where. Power of the charge. freight. SECTION 14. And be it further enacted as aforesaid, That on Company to the completion of said Railroad, or any section thereof, it shall and may be lawful for the said Company to demand and receive such sum or sums of money, for tolls, freight, and passage of persons and property, as they shall from time to time. think reasonable and proper.. SECTION 15. And be it further enacted as aforesaid, That if any Tolls, freight person or persons shall wilfully and knowingly break, injure or and passage destroy the Railroad, or any part thereof, or any building, of officers depot, house, shop, bridge, car, or other property of the said Company or by them constructed or made under the authority of this act, or shall in any manner obstruct the free passage along the said Railroad, he, she, or they, so offending, shall forfeit and pay to the said Company, three times the actual damages so sustained, to be sued for and recovered with costs of suit before any Justice of the Peace, or in any court having cognizance thereof; by action of debt or on the case, in the name and for the use of said Company and every person so offending shall moreover be guilty of a misdemeanor, and on indictment and conviction shall be fined not exceeding one thousand dollars and imprisoned at the discretion of the Court. SECTION 16. And be it further enacted as aforesaid, That if at Non-election any time an election of officers of the said Campany shall not be not to dis held and had pursuant to the provisions and appointments of this ration. act, the Corporation shall not for that cause be deemed to be solve Corpo 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. STATE OF DELAWARE. Company capital stock SECTION 17. And be it further enacted as aforesaid, That the said Company shall have power, from time to time and at all may incease times, to increase its capital stock as aforesaid, and from time to time to borrow money for corporate purposes or uses not exceeding in the aggregate of the whole amount so borrowed five hundred thousand dollars. hold real es SECTION 18. And be it further enacted as aforesaid, That the said Company shall have full power to purchase and hold all real Power to estate necessary for the purposes of said Railroad or any of tate. their works, to buy and build whares, houses, and shops for corporate purposes, to purchase and hold steamboats to ply in connection with the said road to any other place or places whatsoever, and to contract with the owner or owners of any steam- Steamboats. boat and any other railroad or other Company for transportation and passage to and from the said Road. SECTION 19. And be it further enacted as aforesaid, That this act Public 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 nevertheless to the power of revocation for the misuse or abuse Right of reof its privileges by the said Company, which power is hereby reserved to the Legislature. Passed at Dover, February 14, 1865. vocation. CHAPTER 511. An Act to limit the term of Office of the State Treasurer und Auditor of Accounts of this State. term of office SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Limit on That no person shall hold the office of State Treasurer or Auditor of Accounts of said State for more than two years any term of six years. Passed at Dover, February 15, 1865. of State in Treasurer and Auditor. ers appoint laid out. a surveyor. CHAPTER 512. An Act to authorize the Laying Out a Public Road in Broadkiln SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That N. Commision- W. Magee, Robert L. Lacey, Robert B. Hopkins, William A. ed to lay out Scott, and William W. Veasey, of Sussex County, be and they a new road. are hereby appointed Commissioners to go upon and view the premises and determine whether there is need of a new public Where to be road, commencing at a point in the road leading from Milton to Lewes, at the dividing line of the lands of Samuel Martin and Jehu Clendaniel, thence with said dividing line in a south-easterly direction through the lands of Andrew J. Holland and others. until it intersects with the road leading from Milton to Cool Spring and St. George's Chapel, and if the aforesaid Commissioners, or a majority of them, shall determine that there is need of a new public road as above mentioned, then they shall, with the May employ assistance of some skillful surveyor, to be by them employed, lay out such public road as shall be most proper, having respect to the nature of the ground, the shortness of the distance, and all circumstances of public or private convenience or detriment, and shall cause a plot of the said road to be made, representing the courses and distances thereof, and shall assess any damage which may accrue to the owner or owners of the lands through which the said public road shall pass, taking into consideration all the circumstances of benefit as well as injury which will accrue to Return of each of the owners, and shall make a commutation of the costs of ers-what to opening and making said public road and making the bridges and causeways thereon, if any, setting down the several items of said costs, and shall in their return set forth a description of the said public road, and their determination that there is need of the same for public convenience, and shall annex to their return the aforementioned plot. Plot. Damages. commission show. turn-where SECTION 2. And be it further enacted by the authority afore. Plot and re- said, That the plot and return so to be made as aforesaid by the filed. said Commissioners, or a majority of them, shall be returned to the Clerk of the Peace, in and for Sussex County, to be by him. laid before the Levy Court of the said County, and the said Levy Court shall adopt and establish the said public road, and may make such allowance for damages to persons through whose how paid. lands the said road may pass as they shall deem right and Damages Wm. V. proper. Coulter and SECTION 3. And be it further enacted by the authority aforesaid, Samuel Mar- That William V. Coulter and Samuel Martin, of Sussex County, see the ma- be and they are hereby appointed to superintend and oversee tin to over king of the road. STATE OF DELAWARE. the making and completing the aforesaid public road, and they shall present their vouchers for making and completing the same to the Levy Court of Sussex County for settlement. ers and sur SECTION 4. And be it further enacted by the authority aforesaid, That the aforesaid N. W. Magee, Robert L. Lacey, Robert B. CommisionHopkins, William A. Scott and William W. Veasey, and the veyor to be Surveyor employed by them, shall, before performing the duties worn. herein assigned them, be severally sworn or affirmed to perform the duties incumbent upon them under this act faithfully and impartially according to the best of their skill and judgment; and for such services they shall receive the sum of one dollar each for each day they may be engaged in the aforesaid duties. tion. SECTION 5. And be it further enacted by the authority aforesaid, That all laws and parts of laws inconsistent with this act are Inconsistent hereby repealed, and this shall be deemed and taken to be a public act. Passed at Dover, February 16, 1865. Compensa laws repeal Public Act. CHAPTER 513. An Act to amend an act to Incorporate a Company for making an Vol. 5-72. Sec. 27. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the act entitled "An act to incorporate a Company for making 5th vol. an Artificial Turnpike Road from the borough of Wilmington to Chap. XLV. the Village of Christiana, in New Castle County," passed at Amended. Dover, January 30, 1815, be and the same is hereby amended by striking out the whole of the twenty-seventh. section of said act, and inserting in lieu thereof, and for and as the twenty-seventh section thereof, the following: tion of rates SECTION 27. And be it enacted, That hereafter every person who shall prefer an annual contract for the use of the said road, Commutashall be entitled, for himself and family, to all the benefits of the same by application to the present managers of said road. and by paying to the toll receiver, quarterly in advance, at the rate of fifty per centum upon the full amount of tolls for the actual use of the road in any year, to be ascertained from an actual |
