CONCERNING RAILROADS. 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 refund the amount diminished. The costs of the Costs. 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 not by such application for a writ of ad quod damnum, but upon works of the payment or deposit, as herein before provided, of the damages company. 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. to delay the use of farms on road. SECTION 12. That it shall be the duty of the said company, Crossingsfor 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 Fencing agreement between the company and the owner or owners thereof the former shall be released from the duty of fencing aforesaid. injury to 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. tious not to corporation. 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 elec 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, Governor to for the time being, to supply any vacancies which may occur among the among the commissioners appointed by this act. fill vacancies Commission ers. 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 charter pershall 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 Revocation. is hereby reserved to the Legislature. Passed at Dover, January 21, 1869. Voi An Act to amend "An Act to incorporate the Smyrna Station and Smyrna Railroad Company." 39, 115. Current Vol. 50. by striking 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 Actamended 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. 64 Proviso. Public act. 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 amended. lications. Passed at Dover, January 26, 1869. Incorporation. CHAPTER 490. QUEENSTOWN AND HARRINGTON RAILROAD. SEC. 1. Incorporation; Name. Corporate powers; Proviso. 2 Construction of railroad authorized. 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 exceptions 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 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 Name. 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. of railroad 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 other raillaws of this State. with any way. road. for road. 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 judicious 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 of damages. 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 viewers final 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 Notice to unless ex entered days. have lands CONCERNING RAILROADS. Company to pany may proceed to occupy and use said lands for the purposes upon paying herein prescribed, and the right to the same shall be vested in damages. said company upon the final order of the said court, and payment thereon, and assessments for materials taken, shall be conducted in like form and manner. Crossings. Fencing. SECTION 4. The said company are hereby authorized to erect aud maintain necessary bridges over any stream or pond of water which said road may cross, and may also cross any public or private roadway without obstructing travel upon the same. and when the said railroad shall intersect any farm, the said company shall provide and keep in repair a suitable passage across the said railroad for the use of said farm. It shall also be the duty of said company, whenever the said railroad shall pass through any enclosed land, to fence and keep in good repair the same on each side of the line of the said railroad, so that the said lands shall not be exposed and thrown open by reason of the said railroad passing through the same, unless by the agreement of the company and the owner or owners thereof the former shall be released from the duty of fencing as aforesaid. The said company are hereby authorized to mortgage their real and gage their personal property in case they deem it necessary in the construction of their road. Company may mort property. Power of SECTION 5. That the Legislature hereby reserves the power of revocation. Passed at Dover, February 26, 1869. Current Vol. 195. Name changed. CHAPTER 491. THE DELAWARE AND CHESTER COUNTY RAILROAD. Current Vol. 195. SEC. 1. Name of Company changed. 2. Section 12 amended. Where the road shall be made. 3. Section 14 amended. Crossings for benefit of land owners. SEC. 4. Section 19 amended. 5. Section 24 amended. Agreements with other companies. 6. Section 18 ameuded. Rate of interest on money borrowed. An Act to amend the act entitled, “An Act to Incorporate the Delaware Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring): SECTION 1. That the name of said corporation be changed CONCERNING RAILROADS. from The Delaware and Chester County Railroad Company to that of "The Wilmington and Western Railroad Company,' and shall hereafter be so published in the title of said act and wherever the name is repeated throughout the several sections thereof. amended. made. SECTION 2. That Section 12 of said act be amended by Section 12 striking out all between the word "beginning" in the third line, and the word "such" at the end of the twelfth line of said Section, and inserting in lieu thereof the following, to wit: "at or where the near the Delaware River within the limits of the City of Wil- road shall be mington, and extending to the line of this State in a westerly direction, by such eligible route (passing through the limestone valley of Hockessin) as will be favorable for connecting with a railroad or railroads leading westward or north-westward in the State of Pennsylvania, together with such turnouts, switches, wharves or piers, and". amended. SECTION 3. That Section 14 be amended by inserting next Section 14 after the word "pass," in the 22d line, as follows: "unless more Crossings for than one be necessary for obtaining access to all parts of the benefit of lands of said owner or owners." land owners. amended. SECTION 4. That Section 19 be amended by inserting therein Section 19 next after the word "necessary," at the end of the fourth line, the following, to wit: "and where the said railroad shall pass through improved lands the said company shall erect the said fences whenever practicable before commencing work upon the Fencing. said lands, and shall be liable for damages resulting from neglect to fulfil the requirements of this Section, to be recovered as set forth in Section 14 of this act." amended. with other SECTION 5. That Section 24 of said act be amended by insert- Section 24 ing in the first line thereof, between the words “ that" and "in,' as follows, to wit: "it shall be lawful for the company hereby incorporated to enter into an agreement with any railroad com- Agreements pany or corporation created by or existing under the laws of the companies. State of Pennsylvania, for the purpose of authorizing and enabling the said Wilmington and Western Railroad Company to lease, use, operate or run such railroad: Provided, that the companies or corporations entering into such agreement form a continuous line of railroad and". amended. Rate of in SECTION 6. That Section 18 of said act be amended by insert- Section 18 ing therein next after the word "same," at the end of the tenth line, the following words, to wit: "bearing any rate of interest terest on deemed advisable by said company, not exceeding eight per cent." rowed. Passed at Dover, March 10, 1869. ,, money bor |