voting. OF DITCHES. managers shall annually thereafter in the same manner call a meeting for the same purpose on the of Manner of At all meetings the white taxables present shall be entitled to cast one vote for every dollar of tax paid by them respectively. force five years. SECTION 6. The return made by the commissioners shall Return to remain in force for five years as the basis of any subsequent assessment that may be made by the managers for completing, cleansing or repairine the ditch or ditches or other necessary purposes. After five years a new assessment may be had by application of three or more taxables to any judge of the State or to the Chancellor, who is hereby authorized to appoint three commissioners to make said new assessment. Said new assessment, when made, shall be returned and recorded as the original return, and shall stand as the basis of assessment for five years, and until another new assessment shall in like manner be made. New assessments to be recorded in same manner as original returns. Duty of managers. SECTION 7. That for the purpose of raistng the sum of money necessary to carry into execution the purposes of this act, it shall and may be lawful for the managers for the time being, and they are hereby authorized and required, after the appraisement and valuation aforesaid shall be made and returned to the recorder as aforesaid, to lay and assess upon the value of the swamp and low grounds benefited by said ditches and drains, and mentioned in said certificates according to and upon the value of the benefit, profits and advantages of the respective quantities or parcels of the swamp and low grounds held by the several owners thereof a certain rate upon each and every dollar of said value, so as to raise a sum of money sufficient to cut and make all the ditches and drains necessary and prover to drain and reclaim all the said swamps and low grounds intended to be drained and reclaimed by virtue of this act, and at any annual meeting of the company after the said ditch or ditches, drain or drains, shall have been cut and Company made as aforesaid. The said company by a plurality of votes additional may determine by resolution what additional sum or sums of . money ought to be raised by way of tax as aforesaid for the purpose of keeping the said ditch or ditches, drain or drains, in good and sufficient repair, which said additional sum of money shall be levied and assessed according to the provisions hereinbefore mentioned; and the said managers shall from time to time make out duplicate lists under their hands of all the assessments and taxes by them made and levied as aforesaid, which shall contain a minute of all changes of ownership and transfers of any of said low grounds or swamps, and may raise How colocted. OF DITCHES. delivered. one of the lists shall be delivered to the treasurer for the time Duplicates. being, aud the other shall be delivered to the secretary, and To whom such assessments and lists shall be final and conclusive upon all the parties, and the said list so delivered to the treasurer shall be a sufficient warrant to him or his successors for levying and collecting all and every the sums of money and taxes infsaid lists mentioned. and open SECTION 8. The managers shall proceed to make and open Managers the ditch or ditches laid out and make the other improve-shall make ments of said branch designated by the said commissioners, ditches. and may cleanse and repair the same when necessary, and shall have all needful power for that purpose. They shall keep regular accounts of all expenditures, and render the same to the company at their annual meeting. All payments Payments shall be made by orders drawn by them on the treasurer. by orders Any persons assessed for a tax may discharge the same by work done by direction of the managers, and their certificate. shall be received by the treasurer in payment of the tax. to be made collect all SECTION 9. The treasurer shall collect all sums assessed as aforesaid, and shall have the same power for making such The treascollection as a collector of county taxes. He shall give bond urer shall to the company with surety, to be appropriated by the mana- taxes, gers, in double the amount of the taxes to be by him col- Shall give lected, conditioned for the faithful performance of his duty bond, and for the payment to his successor of any money due from him. He shall settle with the company at the annual meeting and shall be entitled to retain five per cent of the amount received by him as his compensation. Time of settlement. SECTION TO. Each commissioner and manager shall be allowed and shall be paid by the company one dollar for every Fees. day actual expenses in discharge of his duties. The recorder shall be paid one cent for every ten words he may record and two dollars for copying the plot. The surveyor, if any be employed, shall receive two dollrrs for each day's service on the premises and ten dollars for making the plot and return. SECTION II. The said company is hereby created and declared to be a body politic and corporate under the name of "The Ingram Branch Ditch Company," and under and by that name shall be able to sue and be sued, plead and im- Corporate pleaded in any court of law or equity in this State, and shall name. have, possess and enjoy all the rights, incidents and privileges, liberties, franchises, and immunities common to such corporations. *So enrolled. Penalty for ditch. OF DITCHES. SECTION 12. If any person shall stop up or obstruct any obstructing ditch cut under this act or any improvement made in pursuance of this act, he shall forfeit and pay to the managers who may recover the same in the name of the company and for its benefit as debts of a like amount are recoverable a sum not less than twenty nor more than one hundred dollars. Acts repealed. SECTION 13. The power to revoke this act is hereby reserved to the Legislature. SECTION 14. That all other acts and laws relating to the said Ingram's Branch be and the same are hereby repealed. Passed at Dover, April 20, 1887. Act amended. CHAPTER 154. OF DITCHES. AN ACT to amend the act entitled "An Act to incorporate the Herring 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. Amend by striking out in section 6 and in line 17 the word March and inserting the word May in lieu thereof. Passed at Dover, April 22, 1887. OF RAILROADS. CHAPTER 155 OF RAILROADS. A further additional supplement to the act entitled "An Act to incorporate the Delaware Railroad Company." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assemblymet, (two-thirds of each branch of the Legislature concurring,) as follows: Railroad to purchase & B. R. R, line of road, SECTION I. That it shall be lawful for the Delaware Rail- Delaware road Company, and it is hereby expressly authorized and Company, empowered to purchase of and from the Philadelphia, Wil- authorized mington and Baltimore Railroad Company, and the said last from P. W. named corporation is likewise hereby authorized and empow- a certain ered to sell and convey unto the said first mentioned corpora- &c. tion, all and so much of its line of railroad in the county of New Castle and State of Delaware as lies between the northern terminus of the Delaware railroad at the point formerly known as Rodney Station, and the main line of railroad of the said The Philadelphia, Wilmington and Baltimore Railroad Company at the point now or formerly known as "Delaware Junction," including all real estate, rights of way, stations, station grounds, rails, ties, bridges, switches, sidetracks, and all other property and appurtenances used or intended to be used as a part of, or in connection with that portion of the line of railroad hereby authorized to be sold, and which the said The Philadelphia, Wilmington and Baltimore Railroad Company became seized and possessed of by the merger into it of the franchises and property of "The New Castle and Wilmington Railroad Company" and "The New Castle and Frenchtown Turnpike and Railroad Company, respectively, effected under and by authority of the act entitled "An act providing for the merger of 'The New Castle and Wilmington Railroad Company"" into "The Philadelphia, Wilmington and Baltimore Railroad Company," and also for the merger of the New Castle and Frenchtown Turnpike and Railroad Company into the Philadelphia, Wilmington and Baltimore Railroad Company, passed at Dover, February 22, 1877. It being the purpose and intent that this section shall apply only to the railroad real estate and appurtenances which became vested in The Philadelphia, Wilmington and Baltimore Railroad Company by the merger aforesaid, when the sale shall have been consummated by the delivery of the deed as hereinafter provided, the said Title to property acquired. vested in the Dela ware Rail road Co. OF RAILROADS. The Delaware Railroad Company shall thereby acquire all the title to the property sold which the said corporation vendor had therein. And the same shall thereupon become and be part and parcel of the property of the said "The Delaware Railroad Company," and shall become and be merged and consolidated into and with its other property, so that the said last named company shall have, enjoy and be possessed of all the rights, franchises, powers and privileges respecting the same which were possessed and enjoyed by the corporations respectively owning the same prior to the acquisition thereof by The Philadelphia, Wilmington and Baltimore Railroad Company or which were by it possessed and enjoyed after its Shall have acquisition therof; and so also as that the said "The Delaware Railroad Company" shall have, enjoy and be possessed of all the rights, franchises and property to be by it acquired under this act as fully and completely as if the said property and franchises had been acquired under its charter. powers and enjoy all the franchises. Terms of agreed submitted to the stockhold ers. SECTION 2. That when the terms of the sale authorized sale when by the preceding section shall have been agreed upon by the upon to be officers and approved by the Boards of Directors of the said two companies respectively, the same shall be submitted to a special meeting of the stockholders of each of said companies for ratification or rejection; such meetings shall be called by notices published in one daily newspaper published in the city of Wilmington for at least ten days before the day of holding of each of said meetings respectively; and the said meetings shall held in the said city of Wilmington at the time and place designated in such notices. If at such stockholders' meetings a majority of the whole number of the shares of the capital stock of each of said companies shall be voted in favor of a resolution approving the terms of sale and directing its consummation, then a deed under the corporate seal of the said "The Philadelphia, Wilmington and Baltimore Railroad Company," signed by its president, attested by its secretary and duly acknowledged according to the laws of the State of Delaware conveying and granting unto the said "The Delaware Railroad Company," its successors and What shall assigns, all the real estate, right of way and other property mentioned in section 1 of this act, and the franchises incident. thereto, and to be exercised therewith, shall upon payment of the price stipulated, be delivered to the said last named company; and thereupon by force of the said sale and deed, the said real estate, rights of way and other property mentioned in section 1 of this act, together with the franchises incident Deed. When to be made. be con veyed. *So enrolled. |