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CONCERNING RAILROADS.

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notice thereof shall have been given at a previous meeting of the board.

SECTION 7. The president and directors shall procure certifi- Certificates cates of the stock of the company, wbich shall be signed, sealed, of stock. registered, assigned, paid for and issued in the method prescribed by the by-laws, and every assignee of said stock shall be a stock. holder and entitled to all rights incident thereto, and be subject to all installments, forfeitures and penalties of original subscribers.

SECTION 8. That all subscriptions to the said capital stock Payment of shall be paid to the said treasurer in such installments and at such tions to capitimes and places as the said directors shall appoint, by public notice, and in case of default in any subscriber to pay such installments for thirty days after the time appointed in said Penalty for notice for the payment thereof, he shall pay, in addition to the installment, at the rate of two per centum per month for the delay of such payment, or the shares so held by him, with all previous installments paid thereon may be declared forfeited to the company at the option of the directors. All sums of money which How may accrue to the company under this section may be sued for recovered. and recovered as debts of like amount are recoverable by the laws of this State: Provided that no stockholder who shall be proviso. for more than thirty days in arrears for any installment on shares of stock held by him shall be entitled to vote at any election whilst such installment remains unpaid.

SECTION 9. That the said president and directors shall, from Dividends. time to time, make and declare from the nett profits of the said company such dividends as they may deem advisable, the times for which shall be fixed by the by-laws, and public notice thereof shall be given by them. And at each annual meeting of the report of stockholders it shall be the duty of the president and directors of Pranident the preceding year to submit a report, and exhibit to them a full tors. and true statement of the affairs of the

company. SECTION 10. That the said company be and they are hereby Authorized authorized to survey, locate, operate and maintain a railway, with railroad one or more tracks, for the carriage of passengers and freight for compensation, by steam or other power, as follows, that is to say: from a point on the Delaware River, not more than three miles Where. north from the Christiana River, to a point on the line of the Philadelphia, Wilmington and Baltimore Railroad, and to connect or unite with the said railroad at a point thereon not more may unite than three miles distant from the said initial point on the Dela- with Rain aware River, with the assent of the said the Philadelphia, Wil.road. mington and Baltimore Railroad Company, and upon such terms

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CONCERNING RAILROADS.

upon land for the

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Agreement. and conditions as shall be mutually agreed upon between the

said companies, to be reduced to writing, and authenticated under their respective corporate seals. And for the purpose of sur

veying, locating and constructing the said railroad, the said May enter company shall have full authority to enter upon and occupy any

unes pur- lands, tenements and hereditaments, and procure sand, gravel, poses of road wood, stone and other material therefrom and obtain title to the

same, as is hereinafter provided.

SECTION 11. And be it further enacted, That whenever it shall tion of lands be deemed by the directors necessary to enter upon and occupy

any lands or tenements for the use of the said corporation, if the owner or owners of such lands or tenements be not known, or be under the age of twenty-one years, or if the directors and such owner or owners cannot agree upon the compensation to be made therefor, the Superior Court for New Castle county, in term time,

or any judge of the same, in vacation, shall, upon application by Commission the company, appoint five commissioners, (who shall be free the premises holders,) who shall go upon the premises, first giving five days

notice of the time and place of their meeting to the president of the company, and also to the owner or owners of the premises. if residing within the county, otherwise to the tenant, if any residing on the said premises. The commissioners, being first duly sworn or affirmed to perform their duties with fidelity, shall assess, fairly and impartially, the damages of such owner or owners to be sustained by reason of the premises being taken for the use of the company, taking into consideration all the

advantages to be derived to the owner or owners by reason of Must certify the said railway, and shall certify their proceedings, with their ceedings and assessment, under their hands and seals, or the hands and seals assessment. of a majority of them, to the company, whereupon the said comRecording pany, upon recording the same in the office for recording deeds

in and for New Castle county, and paying the owner or owners Company to of the premises the damages assessed as aforesaid, or depositing kes on pay. the same to the credit of such owner or owners in the Farmers

Bank of the State of Delaware, at Wilmington, shall become entitled to hold, use, occupy and enjoy the said premises exclu

sively to it, its successors and assigns forever: Provided, that Proceedings either party being dissatisfied with the damages so assessed, may,

on application to the Prothonotary of New Castle county, within daronumain. thirty days after such assessment shall have been recorded as satisfaction. aforesaid, sue out a writ of ad quod damnum, requiring the

sheriff of said county, in the usual form, to inquire, by twelve impartial men of his bailiwick, under oath or affirmation, of the damages as aforesaid. The assessment of the jury, duly made and returned by the sheriff, shall be final. If increased damages

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CONCERNING RAILROADS.

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are found by the jury, the said increase shall be paid or deposited by the company as aforesaid, and if the damages be reduced. the owner shall refind the amount diminished. The costs of the Co-es. inquisition shall be paid by the unsuccessful party. The fee of a commissioner shall be one dollar and fifty cents per day, to be paid by the company, and if a juror, one dollar and fifty cents per day. The works of the company shall not be delayed Said writ ast by such application for a writ of ad quod damnum, but upon works of the payment or deposit, as hereinbefore provided, of the damages awarded by the commissioners, the right and title of the company to enter upon, use and occupy the premises inquired of shall become vested and perfect. SECTION 12. That it shall be the duty of the said company;

Crossings for when the said railroad shall intersect any farm, to provide and keep in repair a suitable passage across the railroad for the use of the said farm. And it shall be the duty of the said company, whenever the said railroad shall pass through any enclosed lands, to fence the same upon each side of the railroad, unless by Fearing. agreement between the company and the owner or owners thereof the former shall be released from the duty of fencing aforesaid.

SECTION 13. That if any person or persons shall wilfully dam- Penalty for age or obstruct the said railroad or any part thereof, or any part works of the of the works and property of the said company, they shall be company. liable to the company in a civil action for double the damages sustained, and shall moreover be guilty of a misdemeanor, and on indictment and conviction shall be fined not exceeding one thousand dollars at the discretion of the court.

SECTION 14. That if at any time an election of officers of the Failure to said company shall not be held pursuant to the provisions of hold elog this act, the corporation shall not for that cause be deemed dis dissolve solved, but it shall be lawful to hold such election at any time afterwards on giving ten days notice thereof in two newspapers published in this State, of the time and place of holding such election. And it shall be lawful for the Governor of this State, Goveroor to for the time being, to supply any vacancies which may occur among the among the commissioners appointed by this act.

SECTION 15. That this act shall be deemed and taken to be a public act public act, and may be pleaded and given in evidence as such in all courts of law and equity in this state, and that this charter shall be deemed and held to be perpetual or without limitation petual. as to time, subject nevertheless to the power of revocation for Power of the misuse or abuse of its privileges by the said company, which Revocativa, is hereby reserved to the Legislature. Passed at Dover, January 21, 1869.

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Charter per

CONCERNING RAILROADS.

CHAPTER 189.

SMYRNA STATION AND SMYRNA RAILROAD COMPANY.

Volume 12, 39-115.

Current Vol. 50.
Sec. 1. Act amended by striking out the word

Dummy.

Sec. 1. Proviso.

2. Public act.

Future publications.

Volume 12,

39, 115. Current Vol.

50.

An Act to amend "An Act to incorporate the Smyrna Station and

Smyrna Railroad Company."

by striking

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 therein), That Act amended the act entitled, “An Act to incorporate the Smyrna Station and out the word Smyrna Railroad Company," passed at Dover, February 7th, * dummy." 1861, as amended March 5th, 1861, as amended February 7th,

1866, be and the same is hereby amended by striking out the word “dummy” wherever it occurs in said act: Provided that wood shall not be used as a fuel in running any engine employed by said railroad company.

SECTION 2. And be it further enacted, That this act shall be

deemed and taken to be a public act, and the act to which this is Future Pub-an amendment shall, in all future editions of the laws of this

State, be published as hereby annended.

Passed at Dover, January 26, 1869.

Proviso.

Public act.

lications.

CHAPTER 490.

QUEENSTOWN AND HARRINGTON RAILROAD.

Sec. 1. Incorporation ; Name.

Corporate powers; Proviso.
2 Construction of railroad authorized.

Where.

May connect with any other railway.
3. Width of road.

Condemnation of lands for road.
Assessment of damages.
Viewers to be sworn.

SEC. 3. Notice to land owners.

Report of viewers final, unless excep

tions entered within thirty days. Company to have lands upon paying

damages.
4. Crossings; Fencing.

Company may mortgage their property. 5. Power of Revocation.

An Act to authorize the Queenstown and Harrington Railway Company

to Construct their road from the Maryland State Line to Harrington. in the State of Delaware.

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 the subscribers to the stock of the Queenstown and Har

Incorporation.

CONCERNING RAILROADS.

powers.

rington Railway Company, a corporation formed under an act of the Legislature of the State of Maryland, are hereby declared to be incorporated by the name, style and title of the Queenstown Namne. and Harrington Railway Company, and as such, with their successors and assigns by that name, shall have perpetual succession, and be capable, in law, of purchasing, taking, selling, leasing, Corporate mortgaging and conveying goods, chattels, lands and tenements, and hereditaments, and may sue and be sued, implead and be impleaded in all or any of the courts of this state, and may make, have, and use a common seal, and alter and renew the same at pleasure, and may ordain and establish by-laws and rules for the regulation of the business and property of said company not inconsistent with the laws of this State or the United States : Provided, that no banking powers, or any other privileges be Proviso. exercised by said corporation except such as are necessary to the proper making and management of said railroad hereby authorized.

SECTION 2. The said corporation is hereby authorized and Construction empowered to construct and maintain a railway, with double or authorized. single track, from some suitable point on the line between the Where. State of Delaware and the State of Maryland, not farther south than the Wesleyan Chapel, on said State line, to some point adjacent to the Town of Harrington, wherever said company may deem it expedient to fix their station, and may connect the said May connect road with any other railway track heretofore authorized by the with any laws of this State.

SECTION 3. The said roadway shall be sixty-six feet in width, Width of and in case the said company shall not be able to agree with any person or persons through whose lands the said road shall run condemnaupon the amount of compensation for damages to which such tion of lands owner or owners may become entitled, the company may apply, by petition, to the Superior Court of the county in which such land may be situated, which said court shall appoint three judi. cious and wholly disinterested persons to view the premises and assess the damages, allowing not less than the actual cash value Assessment per acre which said land bore at the date of incorporation. The said persons shall be sworn, and five days' notice given to the viewers to landowner, his, her or their representative, and in case there be be sworn. minors interested, the court shall, upon such suggestion, appoint land owners. a guardian ad litem, if there be none other. The report of said Report of viewers, filed in the said court, shall be final, unless exceptions with sex be entered thereto within thirty days from filing; and when ceptions damages are found, the said company may either tender the within 30 amount to the said claimant, or pay the same into court, subject to the order of said court upon final hearing; and the said com

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