OF CORPORATIONS. except as hereinafter altered or changed, and with such additional powers, rights, privileges and franchises as may be granted and conferred by this act. sioners. Incorpora SECTION 2. That Thomas H. Denney, John Moore, J. Frank Commis Denney, Edward Bailey, Daniel P. Barnard, Joseph McDaniel, John D. Burton, William P. Seward, John Wharton and such other persons as are now associated as the Agricultural Society of Kent County, at Dover, be and they are hereby ordained and declared to be a body corporate and politic, by the name of "The tion. Agricultural Society of the State of Delaware," in the place and Name. stead of the Agricultural Society of Kent County, to be located at or near Dover, the Capital of said State, for the purpose of Purpose. encouraging and promoting agriculture, horticulture, mechanic and household arts, and by that name the said corporators, their successors and assigns shall have continuance, and shall be capa- Powers. ble to sue and be sued, implead and be impleaded, answer and be answered, appear, prosecute and defend to final judgment, decree and execution, in all courts and in every place whatsoever, before any judge or justice, in all manner of suits and proceedings in law or equity, to have and use a common seal, to alter or renew the same at pleasure, to make contracts and to purchase, hold, sell, mortgage, lease, alien and convey property Hold real real, personal and mixed, in fee-simple or otherwise. To make and enforce such by-laws and regulations as may appear neces- By-laws. sary for their own government, the management of their business and property, and the promotion of the objects of their estate. association, not inconsistent with the laws or constitution of this Restriction stock. ital stock. Shares per How held SECTION 3. The capital stock of said corporation shall be of Capital such amount as the corporation shall from time to time deter- Limitamine: Provided, that the same shall not, at any time, exceed tions of capthe sum of fifty thousand dollars. The said capital stock to be divided into shares of ten dollars each. Each share of said capital shares. stock shall be personal estate, and the same shall be certified, sonal propheld and assigned according to such regulations and conditions erty. as may be provided in the by-laws; and the property of the and assignsaid association shall not be subject to, but shall be held by, the Exemption said corporation, free and exempt from any and all manner of from taxamunicipal, county and State assessment and taxation whatso- Non-liabil ever, and the said corporation shall not be and is hereby declared ity to atnot to be subject to the operations of the attachment laws of the laws. State of Delaware, and the said corporation shall not be summoned as garnishee as provided in other attachment cases. ed. tion. tachment 1 tion. meeting of OF CORPORATIONS. Subscrip. Subscription to the capital stock shall be paid at such times and How paid. in such manner, and in such installments as the Board of Directors shall appoint, and the same shall be liable to forfeiture for non-payment, as may be provided in the by-laws. Annual SECTION 4. That there shall be an annual meeting of the stockhold stockholders on the first Tuesday of May in every year (unless some other day be provided by the by-laws). Special meetings meetings. of the stockholders may be called in such manner as may be Questions. prodided in the by-laws. At all meetings of the stockholders How all questions shall be decided by a plurality of the votes cast in person, and each stockholder shall be entitled to one vote for each share of stock held by him or her. ers. Special decided. Votes. Board of directors. SECTION 5. That the stock, property and business concerns of the corporation shall be managed and conducted by a President, Secretary and twenty-seven directors, all of whom must be stockholders. The said officers and directors shall constitute a Board of Directors, ten of whom shall be a quorum, and they shall be elected by the stockholders at each annual meeting. they shall be chosen by ballot, and by a plurality of votes cast, according to the provisions of Section 4 of this act, and shall continue in office until the next annual meeting, and until successors are duly chosen. Any vacancy in the board shall be How filled. filled by its remaining members; and whenever any member Quorum. and when thereof ceases to be a stockholder or refuses to serve, his office By-laws. shall be vacated. The Board of Directors shall make by-laws for the government of the corporation, and for the regulation Repeal and and management of its business and concerns, and may repeal of by-laws, and alter them at pleasure. The present officers of the said The The Board Agricultural Society of Kent County, at Dover, shall continue to continue in office and constitute the Board of Directors provided for in this act until their successors shall be elected. alteration of Directors in office. How long. Board of SECTION 6. That the Board of Directors, upon their election, shall choose from their number nine directors, who, with the Managers. President and Secretary, shall constitute a Board of Managers of the corporation; the said Board of Managers, subject to the restrictions general control of the Board of Directors and the by-laws of the Association, shall manage and conduct the affairs of the Association. Powers and Books of managers. SECTION 7. That the Board of Managers shall also keep, or What they cause to be kept, proper books, in which shall be regularly entered the transactions of the corporation, which books shall at Open to in- all times be subject to the inspection of the stockholders; and spection. they shall cause to be exhibited to the stockholders, at their Statement annual meetings, a statement of the affairs and doings of the tain. To whom. of mana gers. Association. And they may from time to time, after reserving OF CORPORATIONS. Dividends, such sum or sums as they (the Board of Managers) shall decide to be reasonable to meet the expenses and outlays necessary to the prosecution of the objects of the association, declare and pay to the stockholders thereof so much of the surplus funds as they shall deem proper; Provided, That no such dividend shall Proviso. be made or declared except from the surplus funds of the Association. by mana Duties of police. police. SECTION 8. That the Board of Managers may appoint and ment of employ such officers, agents and servants as they may deem officers, &c. necessary, and prescribe their duties, fix their compensations, gers. and secure their fidelity, as they shall deem proper. They may officers, &c. also appoint one or more special police to attend any fair or ex- Police. hibition held by the association. It shall be the duty of said special police to preserve order at and prevent all unlawful inter- Duties of ference with the conduct and progress of any such fair or exhibition, and for this purpose said special police shall be invested Powers of with all the powers which are possessed by constables and conservators of the peace, and shall have full authority within the Jurisdicfair grounds of the Association, and also within the distance of tion of one-fourth mile beyond and surrounding said fair grounds, to Arrest of arrest and remove therefrom all disorderly persons whom they offenders. shall find disturbing the peace or unlawfully interfering with the conduct and progress of any such fair or exhibition, and to carry the person or persons, as soon as convenient, before the nearest Trial. Justice of the Peace, to be dealt with according to law. Such Compensaspecial police shall be compensated by the Association, and may police. be removed at pleasure by the Board of Managers. police. How removed. stock, &c., tioneer fair ground SECTION 9. That the Board of Managers of the Association may, subject to such conditions and regulations as may be prescribed in the by-laws, authorize and permit any auctioneer Sale of live licensed under the laws of this State, to carry on the busi- by aucness of auctioneering at any place within this State other within the than the fair grounds of said Association, to sell and offer for limits of sale, at any time or times, within the said fair grounds, horses, When. cattle and every kind of live stock and farm and garden produce or articles on exhibition of any kind whatsoever, and for such purpose it shall not be necessary for any such auctioneer, so authorized, to take out any other or further license whatsoever required by the laws of this State; And further, The said Board of Managers may, subject to such conditions and regulations as may be prescribed in the by-laws, authorize and permit any Exhition of person or persons to exhibit any live stock, farm or garden pro- &c., on the duce or other personal property, at any fair or exhibition held society. by the Association, and to sell or offer for sale, within the fair Sale of grounds of the Association, at any time during the continuance live stock, grounds of same. Eating houses. toxicating OF CORPORATIONS. of any such fair or exhibition, the property so exhibited or any part thereof. And also authorize and permit any person or persons to keep any eating-house or eating-houses, in any dining or Sale of in- refreshment saloon or saloons, except for the sale of spirituous liquors pro-liquors, wine, porter, ale and beer, within said fair grounds, or to hibited. keep and provide for horses in any feed pen or pens for horses prohibited. within said ground at any time during the continuance of any such fair or exhibition, and for such purpose it shall not be necessary for any such exhibitor, eating-house keeper or keeper of horses and other stock so authorized, to take out any license therefor, any law of this State to the contrary notwithstanding. Feed pens License. To keep any booth. any spirtu SECTION 10. If any person shall make or keep any booth,. &c., or sell stall, tent or other place for the purpose of selling or disposing. ous liquors, of, or shall sell, offer or dispose of any spirituous liquors, wine, one quarter porter, ale, beer, cider, bread, food, confectionary, cigars, tobacco, of a mile, refreshments or other provisions or articles, within one-quarter &c., within a misde meanor. Penalty. Trials of speed. Betting disallowed. Acts of the ty of Kent acts of the created by this act. mile of the fair grounds of the association incorporated by this. SECTION 11. The said association is hereby authorized to give and hold public fairs or other public exhibitions, and at such fair or exhibition it is hereby declared lawful for this associa- . tion to institute, give and hold trials of speed, but it is hereby declared unlawful and a misdemeanor, punishable with fine. or imprisonment, for any person concerned in or present at such trial of speed, to bet, or wager money or other valuable thing upon the result thereof. SECTION 12. That all the acts and doings of the said, The tural Socie- Agricultural Society of Kent County, at Dover, since its organiCounty, de. Zation, are hereby legalized and confirmed, and shall be taken any clared to be deemed in law and equity to be the acts and doings of the corcorporation poration hereby created, and that all property, rights, creditd effects, securities and other estate, real, personal and mixed, shall Agricultu immediately, upon the passage of this act, become the properts, of the State of the said the Agricultural Society of the State of Delaware. ware to suc- And the rights and title thereof shall be vested in the same, property of in the same manner, and to the same effect, as if the said rights, the Agri- credits. property, effects, securities and other effects, real, personal Society of or mixed, together with the right and title, had originally be longed to the said the Agricultural Society of Delaware. ral Society of Dela ceed to all cultural Kent Co. OF CORPORATIONS. SECTION 13. That this act shall be deemed and taken to be Public act. a public act, and the power to revoke the same is hereby re- Revocation served to the Legislature. Passed at Dover, February 11, 1879. CHAPTER 96. OF ODD FELLOWS CEMETERY, CAMDEN. AN ACT amendatory of and supplement to the act entitled "An act to incorporate the Odd Fellows Cemetery of Kent County, near Camden," passed at Dover, March 28, 1873. 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 therein): Section 4, Laws of SECTION 1. That Section 4 of said act be and the same is Volume 1', hereby amended by striking out the words "and treasurer" in Delaware, the sixth line thereof. amended. 491. of burial SECTION 2. That all certificates of burial lots made and de- Certificates livered by the President and Secretary of the Board of Direc- lots declartors under said act of incorporation to the several holders of ed valid. burial lots thereunder, are hereby declared valid and good for the purposes for which they were made and signed. Passed at Dover, February 11, 1879. |