Name changed. CONCERNING RAILROADS. CHAPTER 188. SMYRNA JUNCTION. An Act to give a Name to a Railroad Station in Kent County, Delaware. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the railroad station near Smyrna, in Kent county, on the Delaware Railroad, called Smyrna Station, shall, from and after the passage of this act, be known and called by the name of “Smyrna Junction." Passed at Dover, February 25, 1867. 10 vol. 342. Construction of branch road author. ized. Location. A Further Supplement to the act entitled, “An Act to incorporate the Delaware Railroad Company" (republished among the acts of 1849). 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 of the Legislature concurring therein,) That the Delaware Railroad Company shall have power to locate and construct a branch road, to commence at or near the village of Townsend, in New Castle county, and connect with the Kent County (Maryland) Railroad at the line between this State and Maryland, and for that purpose to enter upon any lands necessary for locating, laying out and making the said branch, or to procure sand, gravel, earth, or wood for such use, and to obtain. title or right to the same in the manner provided by the charter of said company, republished in 10th Vol. page 342, &c., of the Grant not to Laws of this State: Provided, however, That this grant shall be tract with F. expressly subject to the contract heretofore entered into by the State with the New Castle and Frenchtown Turnpike and Rail impair con T. & R. R Co., unless CONCERNING RAILROADS. said com pany be obtained. road Company, and shall not be operative if it in any wise im- consent of pairs or affects such contract, unless the consent of said lastnamed company be first had and obtained, which consent shall be evidenced by an instrument to be executed by it under its corporate seal and the hand of its president, and attested by its secretary, in these or words of like import and effect, viz: consent. The New Castle and Frenchtown Turnpike and Railroad Com- Form of pany consent to the act passed at the January session of the Legislature of the State of Delaware A. D. 1867, entitled, “A further supplement to the act entitled, 'An Act to incorporate the Delaware Railroad Company' (republished among the acts of 1849)," and will not treat the same as any breach or impairment on the part of said State of the contract made with said company through its charter or any supplement thereto. in Secre The said instrument shall be delivered to the Secretary of To be filed State, who shall carefully file the same among the papers belong- tary's office. ing to his office. SECTION 2. And be it further enacted, That the power to revoke this act is hereby reserved to the Legislature. Passed at Dover, March 6, 1867. CHAPTER 190. SMYRNA AND DELAWARE BAY RAILROAD. A Supplement to the act entitled, "An act to incorporate the Smyrna and 1865. Sec. 10. SECTION 1. Be it enacted by the Senate and House of Represen- Addition to tatives of the State of Delaware in General Assembly met, (twothirds of each branch of the Legislature concurring), That the act to which this is a supplement be and the same is hereby amended by adding to the tenth section thereof the words following, to wit: "and may lay down the track of their railroad across the lands of any individual or corporation, and across the Delaware Railroad or any other railroad which the said company may deem it necessary to cross for the purpose of constructing their railroad on the line which may be selected by the said company, and may construct such sidelings and turnouts as they shall deem necessary." Passed at Dover, March 7, 1867. 210 CONCERNING RAILROADS. CHAPTER 191. Commissioners appointed. An Act to incorporate the Newark and Avondale Railroad Company. 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 William Dean, S. M. Curtis, John W. Evans, Edward D. Porter, Rathmell Wilson, J. F. Williamson, John Tweed, David Eastburn, William Reynolds, Joseph Hossinger, Abel Hopkins, Lewis Thompson, David Nevin and Aaron Baker (of Pa.,) or any five of them, be CONCERNING RAILROADS. books. made in and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: they shall To open at such time or times as they may deem expedient, procure two or more books which shall be opened at such time or times, place or places as they shall think proper, in each of which they shall enter as follows: "We, whose names are hereunto subscribed do Entry to be promise to pay to the president and directors of the Newark and books. Avondale Railroad Company the sum of fifty dollars for every share of stock set opposite our respective names, in such manner and proportions, and at such times as shall be determined by the president and directors of said company, in pursuance of an act of the General Assembly of this State, entitled, "An act to incorporate the Newark and Avondale Railroad Company." Witness our hands this day of in the year of our Lord one thousand eight hundred and and after giving such notice as to them shall seem proper, they shall permit all persons of lawful age who shall offer to subscribe in the said books in their Who may own names, or in the name of any other person or company who shall authorize the same, for any number of shares in the said stock. subscribe. shares are subscribers SECTION 2. And be it further enacted, That when and as soon When 500 as five hundred shares shall be subscribed, the subscribers, their subscribed successors and assigns, shall be and they are hereby declared to incorporated be incorporated by the name, style and title of the "Newark and Name. Avondale Railroad Company," and by the said name the subscribers shall have perpetual succession, and be able to sue and Corporate be sued, implead and be impleaded in all courts of record and powers. elsewhere, and to purchase, receive, have, hold and enjoy, to them and their successors, lands, tenements and hereditaments, goods, chattels and all estate, real, personal and mixed, of what kind or quality whatever, and the same from time to time to sell, mortgage, grant, alien, or dispose of, and to make dividends of such portions of the profits as they may deem proper, and also to make and have a common seal, and the same to alter and renew at pleasure, and also to ordain, establish and enforce such bylaws and regulations as shall be deemed necessary and convenient for the government of the said corporation, not being repugnant to the constitution and laws of this State and of the United States, 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, That nothing Proviso. herein contained shall be considered as in any way giving to the said corporation any banking privileges whatsoever, or any other Banking liberties, privileges or franchises but such as may be necessary prohibited. or incident to the making and proper arrangement and management of the said railroad. powers Meeting of subscribers company. Notice. CONCERNING RAILROADS. SECTION 3. And be it further enacted, That the commissioners to organize aforesaid, as soon as conveniently may be, after five hundred shares shall be subscribed as aforesaid, shall give notice, in such manner as they shall deem proper, for at least twenty days, of Where held. the time for the said subscribers to meet in the town of Newark in order to organize the said company, and to choose, by a majority of votes present, to be given in person or by proxy, nine Nine direct directors, a majority of whom shall be residents of this State, and the said directors shall conduct the business of the said company until the third Monday in January next ensuing their election, and until like officers shall be chosen, and may make such May make by-laws, rules and regulations as are not repugnant to the constitution and laws of this State or of the United States, and that may be necessary to the well governing of the affairs of the said ors to be chosen. Duties of directors. by-laws. Annual meeting of when and Notice To choose ensuing year stockholders at annual meetings. company. SECTION 4. And be it further enacted, That the stockholders stockholders shall meet on the third Monday in January in each and every where held. year, after the number of shares of stock mentioned in the second section of this act shall have been subscribed, in the town of Newark, of which notice shall be given at least twenty days by the secretary, in at least two of the newspapers published in the City of Wilmington, and such other notice as the said directors may order, and choose by a majority of votes present, officers for their officers for the ensuing year, as mentioned in the third section of this act, who shall continue in office for one year and until others are duly elected, and at such other times as they may be summoned by the directors in such manner and form as shall Powers of be prescribed by the by-laws, at which annual or special meetings they shall have full power and authority to make, alter or repeal, by a majority of votes in manner aforesaid, all such bylaws, rules and regulations as aforesaid, and to do and perform every other corporate act; and the number of votes to which Each share each stockholder shall be entitled shall be according to the number of shares he shall hold, each share entitling him to one vote, but no share shall confer a right of suffrage which shall Exceptions, not have been held three calendar months prior to the day of election absolutely and bona fide in his own right, or in that of his wife, or for his or her sole use or benefit, or as executor, or administrator, trustee, or guardian, or in the right and for the use and benefit of some co-partnership, corporation, or society of which he or she may be a member, and not in trust for and to the use Voting by and benefit of any other person; and in all voting by proxy the attorney shall be legally constituted under the hand and seal of the party, and the authority properly authenticated, when, according to the laws of this State, such authentication is neces to entitle holder to one vote. proxy. sary. |