Subscrip- CONCERNING RAILROADS. aforesaid, whereupon the said stock may be transferred or otherwise disposed of by the said directors. SECTION 6. And be it further enacted by the authority aforesaid, That the said new corporation be and is hereby authorized to receive subscriptions for and issue such additional shares of capital stock as may be necessary to construct and fully equip the railroad or railroads to be constructed or operated by it; the Par value of par value of such additional shares shall be the same as that of the shares provided for in the agreement of consolidation or May borrow merger. And that the said new corporation may, from time to time, borrow money for corporate purposes and uses, and execute Mortgages mortgages on all or part of their real estate, and issue bonds to and bonds. secure the payment of the same. stock. money. Passed at Dover, February 7, 1866. CHAPTER 43. SMYRNA STATION AND SMYRNA RAILROAD COMPANY. SEC. 1. Section 1 amended. SEC. 5. Exempt from tax of August 11, 1864. Vol. 12, 39-115. Section 1 amended. How. Section 2 amended. How. Section 5 amended How. 2. Section 2 amended. 4. Section 6 amended. 6. When act to take effect. 7. Public act. Published as amended. An Act to amend "An Act to incorporate the Smyrna Station and Smyrna 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 Section 1 of said act incorporating said railroad company, passed at Dover, February 7th, 1861, as amended March 5, 1861, be and the same is hereby amended, in lines sixteen and seventeen, by striking out the word "twenty," where it occurs in line sixteen, and inserting in lieu thereof the word "thirty;" and in line seventeen by striking out the word "two," where it occurs in line seventeen, and inserting in lieu thereof the word "three." SECTION 2. And be it further enacted, That Section 2 of said act be and the same is hereby amended in line nine, by striking out the word "four," and inserting in lieu thereof the word "fifteen;" and also by striking out the words "the subscribers," in line 6 of said section. SECTION 3. And be it further enacted, That Section 5 of said act be and the same is hereby amended by striking out the word "seven," in line thirteen of said section. CONCERNING RAILROADS. amended. SECTION 4. And be it further enacted, That Section 6 of said Section 6 act be and the same is hereby amended by inserting the words "dummy engines" after the word "such," in line fourteen, and How. before the word "horse power," in the same line. exempt from SECTION 5. And be it further enacted, That the said incorpora- Corporation tion created by the act entitled "An act to incorporate the tax of act Smyrna Station and Smyrna Railroad Company," be and the Aug. 11, 1864 same is hereby exempted from the payment of the tax imposed by the act entitled, "An act to raise revenue for this State," passed at Dover, August 11, 1864. take effect. SECTION 6. And be it further enacted, That this act shall not when act to take effect until the said the "Smyrna Station and Smyrna Railroad Company" shall signify their acceptance of the same to the Governor of this State, under the hand of the President, attested by the Secretary thereof, with their corporate seal affixed thereto; such acceptance shall be filed in the office of the Secretary of State. SECTION 7. And be it further enacted, That this act shall be Public act deemed and taken to be a public act; and the act to which this Published as is an amendment shall, in all future editions of the laws of this amended. State, be published as hereby amended. An Act to amend the act entitled, “An Act to aid the Junction and Break-12 Vol. 606. water Railroad Company in the completion of their road, and for other purposes," passed at Dover, March 14th, 1865. of Chap. 587, SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Sections 1-2 the act entitled, "An act to aid the Junction and Breakwater 12 volume Railroad Company in the completion of their road, and for other stricken out. purposes," passed at Dover, March 14th, 1865, be and the same is State Trea surer authorized to CONCERNING RAILROADS. hereby amended by repealing and striking out the first and second sections thereof, and by substituting and inserting in lieu thereof the following: That as soon as the directors of said company shall have procured bona fide subscriptions to be made to the capital stock of said company to the amount of fifty thousand dollars, in addition to the stock already subscribed thereto at the date of the passage of the said act, on the fourteenth day of March in the year of our Lord one thousand eight hundred and sixty-five, and shall procure and cause the aforesaid additional make bonds, subscriptions to the said capital stock to be paid in as hereafter provided, it shall be the duty of the State Treasurer, and he is hereby authorized, empowered and directed to cause the bonds of this State to be made to the amount of four hundred thousand dollars, and to deliver the said bonds to the amount of three To whom de- hundred and fifty-two thousand dollars to the directors of said Junction and Breakwater Railroad Company, retaining the residue of said bonds for the purpose hereafter specified; said bonds to be delivered by the State Treasurer to the directors of the company aforesaid, at such times, and to such amounts as is hereafter provided, as a loan to the said company to aid in the construction of their railroad from Milford to Lewes. livered. What sub capital stock SECTION 2. And be it further enacted by the authority aforesaid, scriptions to That so soon as the State Treasurer is satisfied, by the oath or necessary to affirmation of the directors of said company, that the sum of company to twenty-five thousand dollars has been paid in, in money, into the said bonds. treasury of said company upon the additional subscriptions. entitle the to the capital stock of said company required by the foregoing section of this act, it shall be the duty of the State Treasurer, for the time being, and he is hereby directed to deliver to the directors of the said company the bonds of this State, authorized by the foregoing section of this act, to the amount of one hundred and thirty-two thousand dollars; and whenever it shall appear to the satisfaction of the State Treasurer as aforesaid, that further bona fide additional subscriptions have been made to the capital stock of said company to the further amount of fifty thousand dollars in addition to the stock already subscribed thereto, as aforesaid, and that the balance or residue of the said fifty thousand dollars of additional subscriptions, first subscribed as aforesaid, together with the amount of twenty-five thousand dollars of the additional subscriptions, secondly subscribed as aforesaid, amounting in the aggregate to the further sum of fifty thousand dollars, has been paid in, in money, into the treasury of said company, it shall be the duty of the State Treasurer, for the time being, and he is hereby directed to deliver to the directors of said company the bonds of this State, authorized to be made by the foregoing section of this act, to the further amount of forty-four thousand CONCERNING RAILROADS. dollars; and whenever it shall appear to the satisfaction of the State Treasurer as aforesaid that further bona fide additional subscriptions have been made to the capital stock of said company to the further amount of fifty thousand dollars, in addition to the stock already and before subscribed thereto as aforesaid, and that the balance or residue of the fifty thousand dollars of additional subscriptions secondly subscribed, as aforesaid, together with the whole amount of the fifty thousand dollars of additional subscriptions thirdly subscribed as aforesaid, amounting in the aggregate to the further sum of seventy-five thousand dollars, has been paid in, in money, into the treasury of said company, it shall be the duty of the State Treasurer, for the time being, and he is hereby directed to deliver to the directors of said company the bonds of this State, authorized to be made by the foregoing section of this act, to the further amount of eighty-eight thousand dollars; and whenever it shall appear to the satisfaction of the State Treasurer, as aforesaid, that further bona fide additional subscriptions have been made to the capital stock of said company to the further amount of fifty thousand dollars, in addition to the stock already and before subscribed thereto, as aforesaid, and that the whole of the said amount of fifty thousand dollars, last subscribed to said additional stock as aforesaid, has been paid in, in money, into the treasury of said company, it shall be the duty of the State treasurer, for the time being, and he is hereby directed to deliver to the directors of said company the bonds of this State, authorized by the foregoing section of this act, to the further amount of eighty-eight thousand dollars. SECTION 3. And be it further enacted by the authority aforesaid, Act to be arThat the foregoing sections of this act, and the amendments of cepted. the said original act therein contained, upon acceptance of the same by the said company, at a meeting of its stockholders to be held within three months after the passage of this act, to be certified under the hand of the President, and the seal of the company, and delivered to the State Treasurer, who shall cause the same to be recorded in the offices of the Recorder of Deeds at Dover and Georgetown, the record of which shall be evidence thereof, shall be substituted and stand in lieu of the two first sections contained in the aforesaid act entitled, "An act to aid the Junction and Breakwater Railroad Company in the completion of their road, and for other purposes," and shall hereafter constitute the first and second sections thereof, the two first sections in the original being hereby repealed, made null and void, and the said act shall hereafter be printed as thus amended. Passed at Dover, February 13, 1866. RAILROAD AND NAVIGATION COMPANIES. CHAPTER 45. LEWES AND MILLSBOROUGH RAILROAD. SEC. 1. Act Feb. 26, 1855, amended. SEC. 1. Additional commissioners appointed. Vol. 8, 375. An Act to amend the act entitled "An Act to amend the act entitled, 'An Act to incorporate the Lewes and Millsborough Railroad Company." Vol. 11, 258. Section 2 SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That amended. Section two of an act to amend the act entitled, "An act to incorcommission-porate the Lewes and Millsborough Railroad Company," passed ers appoint at Dover, February 26th, 1855, be and the same is hereby amended by adding the names of Isaac McCabe, John T. Long, Robert B. Houston, Peter R. Burton, Gardiner H. Wright, and Charles C. Stockley, as additional commissioners under said act. Passed at Dover, February 13, 1866. ed. 9 Vol 87. Sec. 2 of Chap. 86, 9 Vol. amen ded. 9 Vol. $7. CHAPTER 46. THE MURDERKILL NAVIGATION COMPANY. SEC. 1. Section 2 of Chapter 86 amended. SEC. 1. Names of certain commissioners stricken out and others inserted. An Act to amend an act entitled "An Act to establish a company under the name of The Murderkill Navigation Company," passed at Dover, February 10, 1837. 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 of the legislature concurring herein,) That the act entitled "An act to establish a company under the name of the Murderkill Navigation Company," passed at Dover, February 10, 1837, be and the same is hereby altered, amended and supplied Names of by striking out the names of Solomon Townsend, Robert J. Lowber missioners and Thomas Lockwood in the second section thereof, and insertstricken out ing in lieu thereof John W. Hall, William Townsend and Henry Whitaker, and that the act before mentioned shall be read and construed according to the amendment herein prescribed, and in any edition of the laws of this State hereafter to be published, the act aforesaid shall be printed as amended by this act. certain com inserted. Passed at Dover, January 25, 1866. |