Fine. Fine and costs, how collected. Amended code, 1874, 796. OF PILOTAGE, NAVIGATION AND VESSELS. the same, the said court may attach all the lands and tenements, goods and chattels, rights and credits, of the said New Castle and Frenchtown turnpike and rail road company, and sell the same and apply the proceeds in the execution of the order aforesaid. And further, the said court shall impose a fine upon the said company of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) in the discretion of the court, the payment of which said fine, together with the costs of the proceedings, the said court shall enforce, and shall have the same power of collecting the same as is prescribed in section II, of chapter 133, of the revised statutes of the State of Delaware. Passed at Dover, March 24, 1875. CHAPTER 117. OBSTRUCTING NAVIGATION. Certain obstructions interfering with the public use of the river shore or harbor of any city or town sit uated upon the bank of any naviga the State of declared AN ACT to prevent Obstructions in the Delaware river. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That if any person or persons, or corporation, their agents or lessees, shall cause any obstruction to be erected or placed, or remain upon the shore of any navigable river in the State of Delaware, so as to interfere with the public use of the said river shore or harbor of any city or town situated upon the ble river in bank of such river, and shall, after notice, allow the said obDelaware, struction to remain unabated for the period of thirty days, such person or persons, or corporation or their agents or lessees, shall be proceeded against criminally by indictment in the Court of General Sessions of the Peace and Jail Delivery of the county where such obstruction may exist, and upon conviction of maintaining a public nuisance, such person or persons, or corporation or their agents or lessees, shall be required by the obstruction order of the court where such conviction is had, to remove such obstruction, and shall be fined in any sum not less than one thousand ($1,000) nor more than ten thousand dollars ($10,000), in the discretion of the court. unlawful. Offenders liable to criminal Penalty: removal of and fine. OF PILOTAGE, NAVIGATION AND VESSELS. attorney institute SECTION 2. And be it further enacted, It shall be the duty Duty of of the Attorney General of the State of Delaware, upon a general to proper representation by the authorities of any city or town proceedings. of the existence of any obstruction as aforesaid, in the harbor of the said city or town, to institute the proceedings as provided for in the foregoing section. Passed at Dover, March 25, 1875. भ TITLE TENTH. Of Corporations, CHAPTER 118. Savings GENERAL PROVISIONS RESPECTING CORPORATIONS. AN ACT relative to the Publication of Statements of Savings Banks and SECTION 1. Be it enacted by the Senate and House of Repre- Companies incorporated in this State, statements. When. First statement. When. What to $200 fine for every General to Foreign companies to make lication. In case of That every savings bank, or other incorporated institution for saving, and every fire, marine, life or live stock insurance company, incorporated under the laws of this State, shall, within six months after the passage of this act, and thereafter, annually, before the first day of July in each year, publish or cause to be published, once a week for three weeks, in at least two newspapers of this State, a statement in detail, setting forth its financial condition at the time such statement is published, presenting the amount and nature of the business done during the last preceding year, with the assets and liabilities of the corporation, and the manner in which its assets are invested, the amount of annual expenses, and for a failure to publish such statement, the said bank or insurance company shall be liable to a fine of two hundred dollars for each and every such omission, to be prosecuted and received by the Attorney General for the use of the State. SECTION 2. And every foreign, fire, life, marine or live stock insurance company, having a duly authorized agent or agents representing it within this State, or doing business within the State, shall be required to publish a statement as provided in the foregoing section, and in default of such publication it shall not be lawful for any agent or agents to pursue the busitheir agents ness of representing a company so omitting to publish or to business in receive insurance for the same, within the limits of this State, under the penalty prescribed in the preceding section. default, un lawful for to do this State. Penalty. Passed at Dover, March 22, 1875. OF CORPORATIONS. CHAPTER 119. GENERAL PROVISIONS RESPECTING CORPORATIONS. AN ACT to provide incorporation for religious, charitable, literary and manufacturing purposes, for the preservation of animal and vegetable food, for building and loan associations, and for draining low lands. be may incorporated. To be pre associate Superior SECTION 1. Be it enacted by the Senate and House of Repre- General sentatives of the State of Delaware in General Assembly met, incorporation two thirds of each branch of the legislature concurring herein, That when any number of persons, not less than three, two- Who thirds of whom are citizens of this State, are associated or mean to associate for religious, charitable, literary or manufac- For what turing purposes, or for the preservation of animal and vegeta- purposes. ble food, or as building and loan associations, or for draining low lands, and shall be desirous to acquire and enjoy the pow-How. ers and immunities of a corporation, or body politic in law, it shall and may be lawful for such persons to prepare an in- Instrument. strument in writing, therein specifying the objects, articles, conditions, capital, and name, style or title under which they have associated or mean to associate, and the same through sented in their attorney, to exhibit and present during vacation to the vacation to associate judge of the Superior Court of the county in which judge of such corporation is intended to be situated or have its princi- Court pal business transacted, and said associate judge is hereby au thorized to examine said instrument, and if the objects, articles and conditions are therein set forth and ascertained and shall appear to said judge to be lawful, and not injurious to the community, the said judge shall direct said writing to be filed Filed in among the records of the said Superior Court, and order the Court. prothonotary to publish in some newspaper of the county, to when be designated in the order, for at least three weeks, a notice Order for setting forth that an application has been made to said judge publication to grant such charter of incorporation, which notice shall set application forth the object of such charter and if no sufficient reason is for charter. shown to the contrary, it shall be lawful for the Superior What notice Court of the county in which such corporation is intended to forth. be situated or have its principal business transacted, at the Decree. ensuing term thereof, to decree and declare, by their order indorsed upon said instrument, attested in the usual form by the When and said prothonotary under the seal of the said court, that the persons so associated, and such others as may be admitted by them to their company, shall, according to the conditions and articles in said instrument set forth and contained, become and be a corporation or body. politic; and further direct that such charter of incorporation, with such indorsement thereon, shall Superior of notice of shall set how made. to deliver charter to State office. fied by said Where. OF CORPORATIONS. Prothonotary be delivered to the Secretary of State by the said prothono- Effect. Notice of intention to apply for incorporation. When and how published. What fees allowed. paid by applicants. SECTION 2. And be it further enacted, That the usual fees allowed by law for equal or similar services, shall be received by the respective officers under the provisions of this act; and where there is no guide in that respect the court shall allow All expenses reasonable fees. And all the expense of procuring said charter of incorporation, and filing, copying, certifying, and recording the same, and the indorsement of the court thereon, as Certified provided for by this act, shall be borne and paid by the person delivered to or persons applying therefor. And after said certified copy of Cants, when said charter shall be recorded, as directed in this act, the same shall be delivered over to the applicants; and the record thereof, or an office copy of such record, shall be evidence. the appli recorded. Evidence. Amend ments, &c., to charter SECTION 3. And be it further enacted, That whenever any corporate body, created or established under the provisions of this act, shall be desirous of improving, amending or altering the articles and conditions of the instrument upon which it was formed and established, it shall and may be lawful, for such corporate body, in like manner as aforesaid, and upon notice as aforesaid, specifying the improvements, amendments General or alterations which are or shall be desired, to exhibit its peAssembly. tition to the General Assembly for that purpose; and if the Petition to General Assembly shall be of opinion that such alterations SECTION 4. And be it further enacted, That it shall and 1 |