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CONCERNING RAILROADS.

ings.

ings.

Right of company to

change of road,

to be in accordance

Costs.

Bridge cross. the public safety may require. In case of bridge-crossings over

a railroad, they shall be well constructed, not less than sixteen feet in clear width for travel, with causeways or approaches on

eacb side of not less width than the bridge, protected by good Grade croes- and sufficient railings or guards, and all grade-crossings shall be

well planked or macadamized between the rails, not less than sixteen feet in width, and no causeways or approaches to either bridges or grade-crossings shall be of a heavier grade than five degrees, protected as aforesaid.

SECTION 2. Be it further enacted, That any railroad company petition For now existing or hereafter to be incorporated in this State, may

petition for a change in the location of any public or private

road crossed by or running in near proximity to the line of their Proceedings railroad, and said petition shall be preferred as set forth in Sec

tion # of Chapter 60 of the Revised Code, excepting that the with Chap. petition shall be sufficient if signed by the president of such Code, p. 165. company, attested by the corporate seal thereof, whereupon

the proper court shall have jurisdiction in the premises, and all the proceedings shall be in accordance with the provisions of said Chapter 60, excepting, and it is hereby provided that the said railroad company shall pay the expenses, costs, and damages accruing upon the changing of said road, and provided fur

ther, that any such railroad company by agreement with the mhay make land-holders interested, and the approval of the road commisagreement sioners of the hundred wherein the same is located, may, without holders and proceedings had as aforesaid, change, at the expense of such com

pany, any public or private road as aforesaid whenever a change missioners. will add to the safety of public travel, said change to be made

subject to the approval of the road commissioners of the hun

dred wherein the same is located, to be certified in writing and Certificate appended to a draft thereof, which said draft and certification

returned to and recorded by the clerk of the peace of the county wherein the same is located shall, to all intents and purposes, confirm the change.

SECTION 3. Be it further enacted, That when the construction porary roads of any railroad in this State shall require the temporary obstruc

tion of any public road, private road, or turnpike, the said railroad company shall cause to be made, wherever practicable, a temporary side-road for the public to pass and repass upon, and for said purpose shall have power to enter upon any adjacent lands, provided that before entering thereupon such company shall pay or secure to be paid unto the proper parties all damages,

if any, occasioned by the making of said temporary road, to be determined by agreement with the parties, or by the award of five disinterested citizens of the county to be appointed by any

Company

change by

approval of road com

thereof. Return, &c.

When tem

made.

Right of entry.

Damages.

CONCERNING RAILROADS.

1

damages

pany fail to

President.

ceedings

case of fur

justice of the peace not residing in the hundred or hundreds
where said road is to be made as referees, the expense of said Expenses.
proceedings to be paid by the party applying therefor. The
said justice of the peace shall make such appointment at the Application

appoint.
request of the president of such company, or the other parties mentor per-
interested, such request to be made in writing, accompanied with Sans to assess
an affidavit of the party to the effect that written notice has been Notice.
given to the adverse party of the time and place of the prefer-
ring of said request at least five days previous to said time.

SECTION 4. Be it further enacted, That if any such railroad If the com. company shall, at any time, obstruct any public or private road, comply or shall fail to comply with the provisions of this act in respect missioners to bridges, causeways, or crossings, it shall be the duty of the tu notify road commissioners or overseers of the hundred wherein said obstruction or deficiency exists to notify the president or other executive officer of said company, in writing, stating the nature of the obstruction or deficiency; and if said company do not, within ten days thereafter, comply with the provisions of this act, of the proit shall be the duty of the said road commissioners or overseers against the to present to any justice of the peace residing in the same hun-campana sering dred with said road commissioners a certificate, under their ther failure. hands, certifying to the facts of the case, whereupon it shall be the duty of said justice to name for referees five disinterested citizens of said county, not residing in the hundred wherein their services are required, to go upon and inspect the deficiencies complained of, and if they approve, to order the said road commissioners or overseers to proceed to remove said obstruction, or correct said deficiency, and to keep a correct account of the costs and expenses attending the same. The said bill of costs and expenses, upon the approval thereof by the said referees, duly certified, thereupon may be collected by the said road commissioners or overseers off of the said railroad company, or off of the contractor of the section wherein an obstruction, created during the building of new work, may exist, by distraint and sale of any property belonging to said railroad company or said contractor, the proceedings to be the same as in distraint for the collection of taxes.

SECTION 5. Be it further enacted, That the referees appointed Referees to in any case under this act shall be duly qualified, by oath or affirmation, in the same manner as commissioners for the laying out of public roads, and shall all be together upon the inspection of the premises, after which the acts of a majority shall be valid ; Acts of masaid referees shall, in all cases, proceed with due dispatch, so that public inconvenience may be removed without unnecessary delay : Provided, that the necessary obstruction of a road during Provino.

be sworn

CONCERNING RAILROADS.

the time actually needed for the erection of bridges, crossings, or other works, shall not be construed to come under the provisions of this act when a good and sufficient temporary road is provided, as contemplated in Section 3 of this act.

Passed at Dover, April 7, 1869.

CHAPTER 488.

RIVER FRONT RAILROAD COMPANY.

Sec. 1. Commissioners appointed.

To open books.
Who may subscribe; Capital stock.

Power to increase.
2. Wheu 300 shares subscribed subscribers

incorporated ; Name.
Corporate powers.

Banking powers prohibited.
3. Meeting of subscribers to organize com-

pany.
4. Annual meetings of stockholders.

Wheu and where held.
Elections to be by ballot.

Special meetings.
5. Election of Directors.

Presideat; Secretary and Treasurer.
Treasurer to give bond.

Quorum ; Vacancies,
6. Meetings of Directors, where held.

Powers of Directors.
7. Certificates of Stock
S Payment of subscriptions to capital stock

Penalty for default.

How recovered ; Proviso. 9. Dividends,

Report of President and Directors 10. Authorized to construct railroad.

Where.

Sec. 10. May unite with Philadelphia, Wilming

tup and Baltimore railroad.
Agreement
May enter upon land for the purposes of

road.
11. Condemnation of lands for road.

Commissioners to view the premises.
Must be sworo
Must certify their proceedings and as

sessment.
Recording thereof.
Company to bave premises on paying or

depositing the damages. Proceedings on writ of ad quod damnum

in cases of dissatisfactiou ; Costs. Said writ not to delay the works of the

company. 12. Crossings for use of farms on road.

Fencing. 13. Penalty for injury to works of the com

pany. 14. Failure to hold elections not to dissolve

corporation. Governor to fill vacancies among the

Cornmissioners.
15. Public act.

Charter perpetual.
Power of Revocation.

An Act to Incorporate the River Front Railroad Company.

ed.

SECTION 1. Be it enacted by the Senate and House of Represen

tatives of the State of Delaware in General Assembly met, (twoCommission- thirds of each branch concurring therein), That Jesse Sharpe, et appoint. James Bradford, E. Tatnall Warner, Francis Barry, Eli Garrett,

John Morton Poole, Edwin A. Harvey, William G. Gibbons and Henry G. Banning be and they are hereby appointed commissioners to do and perform the things hereinafter mentioned, that is to say: they, or a majority of them, shall procure and cause to be opened, at such times and places and on such notice as

To open

books.

CONCERNING RAILROADS.

subscribe.

1

crea se

incorporated

powers.

they may deem proper, suitable books for subscription to the
stock of “The River Front Railroad Company," and shall permit
all persons of lawful age to subscribe in said books, in their own who may
names, or in the name of any other person or company who may
authorize the same, for any number of shares in said stock. The
capital stock of said company shall not exceed sixty thousand Capital stock
dollars, and shall be divided into six hundred shares of one
hundred dollars each: Provided, that the said company may, from
time to time, by a vote of the stockholders, at a meeting called
for that purpose, increase the capital stock to any amount not Power to in-
exceeding two hundred thousand dollars.

SECTION 2. And be it further enacted as aforesaid, That so when 500)
soon as three hundred shares of capital stock in the said company subscribed
shall have been subscribed as aforesaid, the subscribers, their subscribers
successors and assigns, shall be and they are hereby declared to
be incorporated by the name and title of “The River Front Name
Railroad Company,” and by that name shall have perpetual suc.
cession and be able to sue and be sued, plead and be impleaded Corporate
in all courts of record and elsewhere, and to purchase, receive,
have, hold and enjoy to them, their successors and assigns, real
and personal estate of every kind whatsoever, and the same to
grant, mortgage, sell, alien and dispose of, and to declare divi.
dends of such portions of the property of the company as they
may deem proper, also to have a common seal and power to
renew and alter the same, and to make by-laws for the govern-
ment of the said corporation not inconsistent with the constitu-
tion and laws of the United States or of this State, and generally
to do all matters and things lawful to be done for the well order-
ing of the said company : Provided, That nothing herein con- Banking
tained shall confer any banking privilege on the said company. hibited.

SECTION 3. That as soon as three hundred sbares shall have Meeting of been subscribed as aforesaid, the said commissioners, after giving at least ten days notice thereof in two or more newspapers published in this State, shall call a meeting of the said subscribers. in the City of Wilmington, to organize the said company by the appointment of officers as hereinafter mentioned.

SECTION 4. That there shall be an annual meeting of stock-Annual holders on the second Monday in January in every year, in the City of Wilmington, for the purpose of electing directors and when and for the transaction of other business

. And in all meetings of the stockholders regularly convened, those present may proceed to business and all questions shall be determined by a majority of the votes given. All elections by stockholders shall be by Electioun to ballot and all votes shall be given in person or by proxy, and be by ballot. each share of stock shall entitle the owner to one vote. Special

powers pro

subscribers to vrganize company

meetings o! Stockholders

where held.

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CONCERNING RAILROADS.

Election of
Directors.

President.

Secretary and Treasurer.

.

Special meet- meetings of stockholders may be called by the president and iogs.

directors when they may be deemed expedient.

SECTION 5. That at the first meeting of the stockholders to be held under the call of the said commissioners, and at every annual meeting of the stockholders to be held thereafter as afore. said, they shall elect seven directors, who shall all be stockholders, and a majority of whom shall be citizens of this State. The first election of directors shall be conducted by two of the said commissioners as the judges thereof, and all subsequent elections of said officers shall be conducted by two of the stockholders not in the board, to be appointed judges by the directors for the time being. Immediately after their election the directors shall proceed to choose one of their number to be president of their company and of the said board, and their term of office shall be until the next annual meeting of stockholders and until their successors shall be duly chosen. The directors shall also appoint a secretary and treasurer of the said company, who shall continue in office for the term aforesaid and until their suc

cessors shall be duly appointed, unless sooner removed by the Treasurer to directors. The treasurer shall on his appointment give bond give bond with security for the faithful performance of his duties to the

company. A majority of the whole number of directors sball
constitute a quorum for the transaction of business, and in the

absence of the president may appoint a chairman of the board Vacancies. pro tempore. Vacancies in the board of directors and in the

office of president, secretary and treasurer, may be filled by the

remaining directors for the unexpired terms. Meetings of SECTION 6. And be it further enacted, That the said president wirere meia, and directors shall hold their meetings in the City [of] Wil

mington, and the said directors shall have the general manage.

ment and control of the affairs and operations of the said Powers of company, and for that purpose shall have power to employ all

persons by them deemed necessary, and to fix the compensation
and wages of all persons so employed, and to take bond from
any of such persons for the faithful performance of their duties
or contracts, and to procure all materials and supplies, and to
purchase and employ such steam engines, cars and other equip-
ments for the road, and to make such contracts with individuals
and other companies as they may consider expedient for the
interests of the said company, and mortgage and grant leases of
its property, estate and franchises, and bind the said company
by their contracts and obligations under the seal of the corpora-
tion and the hand of the president. They shall also have power
to make and prescribe by-laws for the government of the com-
pany, which shall not be amended without at least three weeks'

Quorum,

Directors,

Directors.

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