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CONCERNING CITIES AND TOWNS.

the damages so assessed shall be paid by the City Council aforesaid before said road so vacated shall be closed up or obstructed. Inconsistent SECTION 8. All acts and parts of acts of this Legislature, in- acts repealed consistent with this act, are hereby repealed.

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A further Additional Supplement to the act entitled "An Act to amend the 7 Vol. 441. act entitled, 'An Act directing the choosing of Commissioners to regulate and repair the Streets of Milford, and for other purposes.'

127

missioners

to curb and

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That it shall and may be lawful for the Town Commissioners of the Town ComTown of Milford, and they are hereby directed to cause Church authorized street, in said Town of Milford, to be curbed with stone and paved pave a cerwith hard brick of the width of five feet on each side of said fain street. Church street from its intersection with Front street on the western side to the southern boundary of Third street, and on the eastern side to the southern boundary of Second street. It shall be the duty of the said commissioners, upon notice being served Commissionupon them, or any one of them, in writing, signed by five or more freeholders of the said town, requesting them to cause said street, within the limits aforesaid, to be curbed and paved as aforesaid, curb the within five days thereafter to notify the owners of the property' along the said street, on each side thereof as aforesaid, to have said curbing and paving done within ninety days from the service of service of of said notice; and if such [notice] cannot be served upon any owners, for any cause whatsoever, the commissioners shall cause a notice to be posted up in front of such property as may be owned by persons upon whom notice cannot be served in person on account of their residing without the corporate limits of the Town of Milford.

SECTION 2. And be it further enacted by the authority aforesaid, That if any landowners along the line of said Church street, within the limits mentioned in the first section of this act, shall

ers to notify the owners of property on said street to pave and

same.

notice.

sioners shall

pave upon

IN RELATION TO BANKS.

The commis: refuse or neglect to curb or pave in front of or along the line of curb and their respective properties for the space of ninety days from the the neglect service of notice, as contemplated by Section 1, then it shall or refusal of be the duty of the said commissioners to cause the same to be said owners. done within ninety days from such neglect or failure.

Sec. 4 of the 14, 1851, a

act of Feb.

part of this act.

neglect of

commission

ers.

SECTION 3. And be it further enacted by the authority aforesaid, That the provisions of Section 4 of the supplement to the act to which this is a further additional supplement, passed at Dover, February 14th, 1851, be and the same are incorporated in and made a part of this act, so far as the same may be applicable thereto and not inconsistent therewith.

SECTION 4. And be it further enacted by the authority aforesaid, Penalty for That if said commissioners shall refuse or neglect to perform the duties enjoined on them by this act, they shall be liable to a fine of fifty dollars each, to be recovered at the suit of any person who may inform upon them to any magistrate or Justice of the Peace, one-half of said fine shall be for the use of the informer and the other half for the use and benefit of the Town of Milford, and they shall be liable for all costs incurred. Proceedings shall be conducted and execution issued as for other fines imposed by a Justice of the Peace.

Crossings.

SECTION 5. And be it further enacted by the authority aforesaid, That wherever said Church street crosses any street within the limits described in this act, the said commissioners shall cause to be made good and suitable crossings at the expense of said Town of Milford.

Passed at Dover, February 15, 1866.

CHAPTER 39.

FARMERS' BANK OF THE STATE OF DELAWARE.

Preamble.

SEC. 1. Directors of Farmers' Bank and branches

authorized to convert the same into
National Bank.

SEC. 2. Name of Bank when converted.
3. Who shall be officers of said new Bank.

An Act to authorize the conversion of the Farmers' Bank of the State of Delaware into a National Banking Association, under the General Banking law of the United States.

WHEREAS the State of Delaware is the owner of Stock in the Preamble. Farmers' Bank to the amount of three hundred and sixty-five thousand and seven hundred dollars, being more than one-half

IN RELATION TO BANKS.

of the whole capital of said bank, the whole capital thereof amounting to the sum of six hundred and eighty thousand dollars; AND WHEREAS the stock owned by this State, added to the stock owned by individuals who have voted in favor of the conversion of said bank into a national banking association, under the general banking law of the United States, will amount to more than two-thirds of the whole capital stock of said bank; AND WHEREAS the principal bank is located and doing business at the Town of Dover, in Kent county, and has branches doing business and located, one at the City of Wilmington, in New Castle county; one at the Town of New Castle in New Castle county, and one at Georgetown, in Sussex county; now therefore, SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the directors of the Farmers' Bank of the State of Delaware and Directors of of the several branches thereof be, and they are hereby author- an ized and empowered to change and convert the Farmers' Bank branches auof the State of Delaware, and the several branches thereof, into a convert the national banking association, with branches under the general National banking law of the United States and according to the provisions Bank of the act of Congress entitled, "An act to provide a national currency secured by a pledge of United States Bonds, and to provide for the circulation and redemption thereof," approved June 3, 1864, and the amendments thereto; and the said directors are hereby further authorized and empowered to execute all papers and certificates, and to do and perform all acts, matters. and things that may be necessary and proper fully to effect and complete such change and conversion.

Farmers'

Bank and

thorized to

same into

bank when

SECTION 2. And be it further enacted, That the name of the bank Name of when so changed and converted shall be the "Farmers' National converted. Bank of the State of Delaware."

be officers of

SECTION 3. And be it further enacted, That the present directors who shall of the Farmers' Bank of the State of Delaware, and of the several said new branches thereof, shall be the directors of the Farmers' National bank. Bank of the State of Delaware and of the several branches thereof until their successors in office shall be duly chosen.

Passed at Dover, January 10, 1866.

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12 Vol. 337. An Act to amend Chapter 309 of the 12th Volume of the Laws of Delaware.

Sec. 3 of

Chap. 309,
Del. Laws,

12th Vol.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Chapter 309 of the 12th Volume of the Laws of Delaware, entitled, "An additional supplement to the act entitled, 'An act to incorporate a Bank in Smyrna under the name of the Citizens' Bank of Smyrna,'" be and the same is hereby amended by strikchosen ex- ing out the word "sixty-four," in line 5 of Section 3 of said act, and inserting the word "sixty-six " in lieu thereof.

amended.

Term of Di

rectors first

tended.

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An Act to incorporate the Gumborough and Berlin Railroad Company.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (with the concurrence of two-thirds of each branch of the Legislature,) That Robert M. Rodney, Philip W. Mathews, Thomas H. Riggin, Joseph S. Jones, Ebenezer Gray, William H. Betts, Joseph Ellis,

CONCERNING RAILROADS.

Commission

ers.

William T. Elliott, James H. Tyer, Clement C. Hearn, Joseph G. White, Benton H. Gordy, William E. Cannon, George W. Cary and James W. Smith be and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: They or a majority of them shall procure and cause to be opened at such times and places, and on such Duties. notice as they may deem proper, suitable books for subscriptions to the stock of the Gumborough and Berlin Railroad Company, and they shall permit all persons of lawful age to subscribe in said books in their own names, or in the name of any other person or company who may authorize the same, for any number of shares in said stock. The capital stock of said company shall not Capital stock exceed five hundred thousand dollars, divided into twenty thousand shares of twenty-five dollars each.

Incorporated

SECTION 2. And be it further enacted as aforesaid, That when and as soon as one thousand shares of capital stock in said company shall be subscribed as aforesaid, the subscribers, their successors and assigns, shall be and they are hereby declared to be when. incorporated by the name and title of the Gumborough and Name. Berlin Railroad Company, and by the same name the subscribers shall have perpetual succession and be able to sue and be sued, Powers. plead and be impleaded, in ali courts of record and elsewhere, and to purchase, receive, have, hold, and enjoy, to them and their successors, real and personal estate of every kind whatsoever, and the same to grant, mortgage, sell, alien, and dispose of, and to declare dividends of such portions of the profits of the company as they may deem proper, also to make and have a common seal, and the same to alter and renew at pleasure, and also to make and ordain by-laws and regulations for the government of the said corporation not inconsistent with the constitution and laws of the United States or of this State, and generally to do all and singular the matters and things which to them it shall lawfully appertain to do for the well being and ordering of the same: Provided, Proviso. That nothing herein contained shall confer any banking privileges on the said company, or any other liberties, franchises or privileges but those which are properly incident to such a corporation. SECTION 3. And be it further enacted as aforesaid, That as soon as one thousand shares shall be subscribed, as aforesaid, the said commissioners, after giving at least ten days notice thereof in Meeting of two or more newspapers, published in this State, shall call a meet- When. ing of the said subscribers in Gumborough, to organize the said Company by the choice and appointment of officers as hereinafter mentioned.

subscribers.

Annual

ineeting

SECTION 4. And be it further enacted as aforesaid, That there shall be an annual meeting of stockholders, on the second Mon- When. day in January, in every year, in the village of Gumborough, for

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