CONCERNING RAILROADS.

be taken until com

made owner.

Remedy of

owners of lands refus

entry.

ers to certify award to

Shall pot and constructed as to pass through any burying-ground or place pass through any burying of public worship, nor any dwelling-house, without the consent ground,

of the owner or owners thereof: Provided, That before the comLands not to pany shall enter upon or take possession of any lands or mate

rials required for the location or construction of the said railroad, pensation be they shall make compensation to the owner or owners thereof, or

shall tender adequate security therefor.

SECTION 13. And be it further enacted, That whenever it shall be against the necessary for the president and directors of the said company, or

, their agents, to enter in and upon, and occupy, for the purpose of ing to permit making the said railroad, any lands the owners of which refuse to

permit such entry and occupation, then it shall be lawful for the Superior Court of New Castle county, is in term time, or any judge of said court in vacation, on application of either party, and at the cost and charge of said company, to appoint five disinterested men of said county, who shall go upon said lands and assess the damages of such owner or owners fairly and impartially, taking into consideration all the benefits to be derived

from or in consequence of the said railroad to the said owner or Commission, owners, and the said commissioners shall certify their finding and

award to both parties; whereupon the said company, on paying both parties, the damages so assessed, shall become entitled to have, use and

enjoy the said lands for the purposes by them required forever.

And in case any owner or owners of any lands necessary for the bility or purposes of said company shall be a minor or non-resident, or

for any cause incapable of receiving, or unwilling or neglecting

to receive said damages, or to call on the company for the same, deposit them the said company may deposit the amount of the said damages

to the credit of such owner or owners in the National Bank of Newark, or the branch of the Farmers' Bank of the State of

Delaware, at New Castle, subject to his, her, or their order, Company to whereupon the said company shall be entitled to have, use and

enjoy the said lands and premises required for the purposes of

said company for or on account of which damages shall have Expenses of been so assessed. The expenses of the assessment of said dam

ages shall always be paid by the said company.

SECTION 14. And be it further enacted, That the said railroad over public shall be so constructed by the said company as not to impede or

obstruct the free use or passage of any public road or roads which may cross or enter at the same, being now laid out or hereafter to be laid out, and in all places where the said railroad may cross, or in any way interfere with any public road, it shall be the duty of the said company to make, or cause to be made, a good and sufficient causeway or causeways to enable all persons passing or traveling such public road to cross or pass over or

Owner's under disa

refusiog to accept damages, company may

in bauk

.

assessing damages.

Crossings

CONCERNING RAILROADS.

only to one

recovered.

under the said railroad, which causeway or causeways shall be made by the said company and maintained by them; and that for the accommodation of all persons owning or possessing land other through which the said railroad may pass, it shall be the duty of crossings. the said company to make, or cause to be made, a good and sufficient causeway or causeways wherever the same may be necessary to enable the occupant or occupants of said lands to cross or pass over the same with wagons, carts, or implements of husbandry, as occasion may require: Provided, That the said company shall in no case be required to make, or cause to be made, more than one such causeway through each plantation or tract of one crossing land for the accommodation of any one person owning or pos- tract of land. sessing land through which the said railroad may pass; and where any public road shall cross such railroad the person owning or possessing land through which the said road may pass shall not be entitled to make such requisition on said company. And if Penalty for the said company shall neglect or refuse to make such causeway make such or causeways on request, or when made to keep the same in crossings. good repair, then said company shall be liable to pay any person aggrieved thereby all damages sustained by such person in consequence of such neglect or refusal, to be sued for and recovered How before any justice of the peace or any court having cognizance thereof; and the service of process upon any officer or agent of service of said company shall be as good and available in law as if served process. upon the president thereof.

SECTION 15. And be it further enacted, That no suit or action suit against shall be brought or prosecuted by any person or persons for any penaltio penalties incurred under this act unless suit or action shall have under this been commenced within six months next after the offence shall have been committed or the cause of action shall have accrued, and the defendant or defendants in such suit or action may plead Company the general issue, and give this act and the special matter in evi- may plead dence, and that the same was done in pursuance of and by author- issue. ity of this act.

SECTION 16. And be it further enacted, That if any person or per. Peualty for sons shall wilfully or knowingly destroy, injure, or break the said injury to railroad or any part thereof, or any work, edifice, or device, or any company part thereof, to be erected by the said company in pursuance of this act, he, she or they shall forfeit and pay to the said company three times the actual damage so sustained, to be sued for and recovered with costs of suit before any justice of the any court having cognizance thereof, by action of debt in the recovered. name and for the use of the said company.

SECTION 17. And be it further enacted, That if at any time a Company company incorporated by the Legislature of the State of Pennsyl. may unite vania, for the purpose of constructing a railroad from Parkesburg, companies to

company for

act.

the general

of the

peace or in

How

CONCERNING RAILROADS.

in Pennsylvania,

to form one company

Fencing.

be chartered Coatesville, or Avondale, in that State, (or any other railroad

company in that State), should wish to unite with the railroad contemplated by this act, and it shall be desired by the president and directors of the two companies respectively to unite the capital stock of the said companies, then and in such case the president

and directors and company of the Newark and Avondale RailWhen united road are hereby authorized and empowered to form such union

of the capital stock of the said companies so that it shall constitute one company, and be entitled to all the rights, privileges and immunities conferred by their charters respectively.

SECTION 18. And be it further enacted, That the said company shall 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 legal fence whenever the same may be Special cou. necessary: Provided, That the said company shall have the right cerning the to make special contracts for erecting and maintaining fences with

any persons through whose lands said railroad shall pass.

SECTION 19. And be it further enacted, That the said company capitan stock shall have power to increase its capital stock by additional sub

scriptions thereto to an amount sufficient to effectuate the objects

of this act and construct the railroad contemplated by it, and May borrow from time to time to borrow money for the uses and purposes of

the corporation, and to execute mortgages on all their estate, real and personal, and to issue bonds to secure the payment of the same: Provided, That the amount so borrowed shall not exceed in the aggregate the sum of two hundred thousand dollars.

Passed at Dover, March 11, 1867.

same.

Company

may increase

money not exceeding $200,000

An Act in relation to “ The New Castle and Frenchtown Turnpike and

Railroad Company."

Branch road

SECTION 1. Be it enacted by the Senate and House of Represenauthorized. tatives of the State of Delaware in General Assembly met, (two

thirds of each branch of the Legislature concurring herein,) That the said company shall have power to construct and make a

NAVIGATION COMPANIES.

branch of its railroad, beginning at or near the junction of the Location.
road of the Delaware Railroad Company with its road and ex-
tending from thence to the line dividing this State from the State
of Maryland, so as to form a connection with any railroad to be
built from Elkton, in the latter State, or thereabouts, to the said
State line, and for that purpose the said “The New Castle and
Frenchtown Turnpike and Railroad Company” shall have all
powers in relation to condemnation of land or otherwise that are
granted by the charter of said company in relation to making
the road or roads by it authorized to be constructed or built.

SECTION 2. And be it further enacted, That nothing herein Coutract excontained shall be held or taken to impair or in any wise affect inte ble the contract existing between this State and said company by State and the act entitled, “An Act to provide for the payment of certain pany not to

he impaired. sums of money to the State by the New Castle and Frenchtown Turnpike and Railroad Company, and for other purposes," passed at Dover, February 7, 1852 (10th vol. Del. Laws, page 652, &c.)

SECTION 3. And be it further enacted, That the power to revoke this act is hereby reserved to the Legislature.

Passed at Dover, March 21, 1867.

the

CHAPTER 193.

CHESAPEAKE AND DELAWARE CANAL COMPANY,

3 Volume 170. Volume 26.
Sec. 1. The part of Sec. I of original act, which

fixes the value of shares, repealed.
2. Pour shares authorized to be issued to

the stockholders in lieu of each share

now held.
3. An additional annual meeting.

When held.
The object of.

SEC, 4. What number of shares to constitute

general meeting.
5. Section 11 of Supplement passed June

15, 1836, repealed.
6. Holders of certificates of debt shall have

right to vote.
How many votes,

Proviso.
7. Acceptauce of act.

An Act to amend an act entitled, “An Act to incorporate a Company for

the purpose of cutting and making a Canal between the Chesapeake Bay 3 Vol. 170.
and Bay or River Delaware, or the waters thereof,” passed at Dover, 9 Vol. 26.
January 29th, 1801, and also to amend a Supplement thereto, passed at
Dover, June 15th, 1836.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two. thirds of each branch concurring) That so much of the first sec

NAVIGATION COMPANIES.

Part of
Seo. 1 of

repealed.

Four shares

held.

Additional annual meeting.

a

tion of the said original act as makes or fixes the value of the original act shares of the capital stock of the Chesapeake and Delaware Canal

Company at two hundred dollars, be and the same is hereby re-
pealed.

SECTION 2. And be it enacted, That the Chesapeake and Delato be inued ware Canal Company shall have full power and authority to issue to the stock to the stockholders of said company four shares of the capital lieu of each stock of the said company at the par value of fifty dollars per

share, in lieu of each share of said stock now held by the said
stockholders upon the surrender of the certificate thereof.

SECTION 3. And be it enacted, That beside, and in addition to
the general meeting of proprietors to be held on the first Monday
of June, in every year, as provided for in the seventh section of

said original act, there shall be a general meeting of the proprieWhen held. tors on the first Monday of December in every year, at the office

of the said company, at which meeting an equal dividend of all The object of

the net profits arising from tolls may be ordered and made to and
among all the proprietors of the said company, if, upon exami-
nation of the accounts and general affairs of the said company,
which it is hereby made the duty of the president and directors
to present at said meetings, it shall be deemed right and ex-
pedient by the proprietors so to order and make such dividend.

SECTION 4. And be it enacted, That the presence of proprietors ber of shares having two thousand shares, at the least, shall be necessary to con

stitute all general meetings.

SECTION 5. And be it enacted, That the eleventh section of the supplement aforesaid supplement, passed at Dover, June 15th, 1836, be and 15, 1836, re the same is hereby repealed, and that the next following section,

number six of this present act, be and the same is hereby substi-
tuted therefor.

SECTION 6. And be it enacted, That in all elections hereafter to certificates of be held for president and directors of the said Chesapeake and

Delaware Canal Company, and at all meetings of stockholders
to be called upon the business of the company, the holders of
any certificates of debt, provided for in said supplement, and of
any to be created by virtue of future loans in said supplement
provided for, shall be entitled to participate and to vote in per-
son or by proxy, and in voting shall have the same rights and
privileges as the stockholders, and in estimating the number of
votes which any holder of a certificate shall be entitled to give,
every fifty dollars of the amount held by such person shall be
taken and estimated as equal to one share of the stock: Provided
always, That no person shall be entitled to vote upon any certifi-
cate which such person shall not have held at least two months
before the election, or the meeting of business at which his vote

What num

general meetings.

, pealed.

Holders of

debt to vote

How many votes.

Proviso,