of consolida

tion.

What to state.

to be sub

to

CONCERNING RAILROADS.

Agreement dation shall be made under the conditions, provisions and restrictions to be prescribed in a joint agreement made by and under the corporate seal of each of the said companies; said agreement to prescribe the mode of carrying the same into effect, the name of the new corporation, the number of shares, and the par value of the capital stock, the number of the directors and other officers thereof, and the places of their residence, and the names of the first directors and officers, and in general all necessary matters not inconsistent with this act: Provided, That the said agreement Agreement of consolidation shall become binding only after the same shall mited (upon due public notice as heretofore specified in this act) have stockholders been submitted to the stockholders in public meeting and adopted by them by a two-third vote taken by ballot, (each share of stock entitling the holder to one vote,) and the adoption certified thereCertificate of on by the secretaries of the respective companies under the seals thereof; and the agreement so adopted, or a copy thereof certified Agreement as aforesaid, shall be filed in the office of the Secretary of State cate, where of the respective States, where it shall remain of record, and a certified copy thereof shall be received in evidence of the exist ence of the said new corporation, and upon the filing of the said. agreement, or a certified copy thereof as aforesaid, the Secretary of State shall publish the fact, together with the date of filing and the name of the new corporation, and the names of its officers, in two newspapers of this State.

CONCERNING RAILROADS.

creditors.

tions and

shares of

For wbat purpose.

May borrow

ors and all liens upon the property of either of the said compa- Rights of nies or corporations shall be preserved unimpaired, and the respective companies or corporations may be deemed to continue in existence to preserve the same, and all debts, liabilities and duties of either of the said companies or corporations shall thenceforth attach to the said new corporation and be enforced against it to the same extent as if said debts, liabilities and duties had been incurred or contracted by it.

SECTION 23. And be it further enacted, That the said new cor- Subscrip; poration be and is hereby authorized to receive subscriptions for, additional and issue such additional shares of capital stock as may be stock. necessary to construct and fully equip the railroad or railroads to be constructed or operated by it; and the said new corporation may, from time to time, borrow money for corporate pur-money. poses and uses, and execute mortgages on all or part of their real estate and issue bonds to secure the payment of the same.

SECTION 24. And be it further enacted, That in case the Wil- An nie mington and Reading Railroad Company shall construct a rail- ized with she road on any part of the line contemplated by this act, then and in case a cerin that case it shall be lawful for the company hereby incorpo-constructed. rated and the said Wilmington and Reading Railroad Company, to enter into a mutual agreement satisfactory to both companies permitting the company hereby incorporated to use such part the said Wilmington and Reading Railroad as may be found convenient and desirable as and for a part of the railroad line contemplated by this act.

Passed at Dover, February 5, 1867.

ment author

tain is

of

CHAPTER 186.

FREDERICA RAILROAD

Sec. 1. Increase of capital siock.

Change of termini.
Construction of other roads anthorized
Upion or junction with other roads

SEC. 2. Provisions of original act extended to

this supplement.
3. Acceptance by stockholders,

A Supplement to the Act entitled, "An Act to Incorporate the Fredericu

Railroad Company," pressed at Dover, February 19. 1857.

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

CONCERNING RAILROADS.

termini.

of other roads 211 thorized

l'nion or

thirds of each branch of the Legislature concurring therein) That the Frederica Railroad Company, incorporated by the act

to which this is a supplement, be and they are hereby authorized capital stock and empowered to increase the capital stock of said company to

any amount not exceeding eight hundred thousand dollars, divided into thirty-two thousand shares of twenty-five dollars

each; and they are hereby authorized and empowered to change Change of

the termini of their said railroad, and to survey, locate and conConstruction

struct a railroad, with one or more tracks, from some point within three miles of the town of Dover to some point on the Junction and Breakwater Railroad, at or near the town of Milford, with a branch or lateral road to the town of Felton, as provided for in the act entitled, “An act to incorporate the Frederica Railroad Company," passed at Dover, February 19, 1857, to which this is a

supplement, and may connect their said railroad with the Delawith other ware Railroad, or with the Dover and Mahon's River Railroad, or companies with either or both of them, upon such terms and conditions as

may be agreed upon by and between the said Frederica Railroad Company and the said railroad companies with which such union or junction may be made; and also may connect and unite their said railroad with the said Junction and Breakwater Railroad upon such terms and conditions as shall be agreed upon by the said Frederica Railroad Company and the said Junction and Breakwater Railroad Company.

SECTION 2. And be it further enacted by the authority aforesaid, extended to That all the provisions of the act to which this is a supplement, this supple

so far as the same may be necessary for the purposes aforesaid, be and they are hereby extended and applied to the changes authorized and contemplated by this act, and that all the grants, powers, privileges, rights, franchises, liberties and immunities granted and conferred upon the said Frederica Railroad Company by the act to which this is a supplement, be and the same are hereby conferred upon the said company for the purpose of carrying into full effect and operation the change in the location

of their road authorized by this act. Acceptance SECTION 3. And be it further enacted by the authority aforesaid,

That this act shall be accepted by a majority of the stockholders, at a meeting to be therefor called by the directors of the said Frederica Railroad Company within six months from the date of the passage hereof or it shall be void, which acceptance, in case this act shall be accepted, shall be certified under the hands of the president and secretary, and the seal of the said company, to the Secretary of State of this State, who shall make an entry thereof upon the Executive Register, and shall also file said certificate of acceptance in his office.

Passed at Dover, February 13, 1867.

Provisions of original act

rent

by stock holders,

CHAPTER 187.

WILMINGTON AND READING RAILROAD.

Current vol. 46.
Preamble.

SEC. 1. Location of road so as to effect commu

nication with Delaware River author-
ized.

An Act in Relation to the Wilmington and Reading Railroad Company. Current vol.

WHEREAS under and by virtue of the provisions of an act of Preamble. the General Assembly of this State, passed at Dover, February 7, A. D. 1866, entitled, “A further supplement to an act entitled, 'An act to incorporate the Wilmington and Brandywine Railroad Company,' passed at Dover, March 5, 1861," the Delaware and Pennsylvania State Line Railroad Company has merged and consolidated its capital stock, franchises and property with the capital stock, franchises and property of a railroad company organized under the laws of the State of Pennsylvania;

AND WHEREAS by an agreement, made in pursuance of said act a new corporation has been created under the name of “The Wilmington and Reading Railroad Company,” for the purpose of forming a continuous line of railroad to extend from a point at or near the City of Wilmington towards or into the coal and lime regions of the said State of Pennsylvania,

Be it enucted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch concurring therein),

· SECTION 1. That for the purpose of carrying out the objects Location of of the said corporation, the said “ The Wilmington and Reading effect comRailroad Company” may, in addition to the powers heretofore with Delagranted, locate and construct said railroad as follows, that is to ware river say: beginning at or near the Delaware river, within the limits of the City of Wilmington, whenever in the judgment of the directors said road may be deemed necessary in order to transact the business of the said company or to effect complete communication with the said Delaware river, and may locate and construct such lateral railroads, turnouts, switches, wharves or piers as occasion may require, and for these purposes the said corporation is hereby clothed and invested with all the rights, powers, franchises and privileges granted by or contained in the act authorizing said consolidation or merger.

Passed at Dover, February 25, 1867.

authorized

CONCERNING RAILROADS.

CHAPTER 188.

SMYRNA JUNCTION.

An Art to give a Name io u Railroad Station in Kent County, Delaware.

Name changed.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the railroad station near Smyrna, in Kent county, on the Delaware Railroad, called Smyrna Station, shall, from and after the passage of this act, be known and called by the name of “Smyrna Junction."

Passed at Dorer, February 25, 1867.

CHAPTER 189.

DELAWARE RAILROAD.

10 Vol. 342.
SEC. 1. Construction of a branch road authorized.

Location.
Grant not to impair contract with the

X. C. & F. R. R. Co.

Sec. 1. Shall not be operative is it impairs said

contract without consent of said com

pany.
Form of consent.
To be filed in Secretary's office.

10 vol. 342.

Construction of branch road author ized.

Location.

A Further Supplement to the act entitled, " An Act to incorporate the Dela

ware Railroad Company” (republished among the acts of 1849). 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 the Delaware Railroad Company shall have power to locate and construct a branch road, to commence at or near the village of Townsend, in New Castle county, and connect with the Kent County (Maryland) Railroad at the line between this State and Maryland, and for that purpose to enter upon any lands necessary for locating, laying out and making the said branch, or to procure sand, gravel, earth, or wood for such use, and to obtain title or right to the same in the manner provided by the charter

of said company, republished in 10th Vol. page 342, &c., of the Girant not to Laws of this State: Provided, however, That this grant shall be tract with F. expressly subject to the contract heretofore entered into by the Countena State with the New Castle and Frenchtown Turnpike and Rail