178

LAWS OF DELAWARE.

Fine.

Fine and costs, how collected.

Amended code, 1874, 796.

OF PILOTAGE, NAVIGATION AND VESSELS.

the same, the said court may attach all the lands and tenements, goods and chattels, rights and credits, of the said New Castle and Frenchtown turnpike and rail road company, and sell the same and apply the proceeds in the execution of the order aforesaid. And further, the said court shall impose a fine upon the said company of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) in the discretion of the court, the payment of which said fine, together with the costs of the proceedings, the said court shall enforce, and shall have the same power of collecting the same as is prescribed in section 11, of chapter 133, of the revised statutes of the State of Delaware.

Passed at Dover, March 24, 1875.

Certain obstructions interfering with the public use

CHAPTER 117.

OBSTRUCTING NAVIGATION.

AN ACT to prevent Obstructions in the Delaware river.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, puthe river That if any person or persons, or corporation, their agents or

shore or harbor of any city or town situated upon

any navigable river in the State of

lessees, shall cause any obstruction to be erected or placed, or remain upon the shore of any navigable river in the State of Delaware, so as to interfere with the public use of the said the bank of river shore or harbor of any city or town situated upon the bank of such river, and shall, after notice, allow the said obstruction to remain unabated for the period of thirty days, such person or persons, or corporation or their agents or lessees, shall be proceeded against criminally by indictment in the Court of General Sessions of the Peace and Jail Delivery of the county where such obstruction may exist, and upon conviction prosecution. of maintaining a public nuisance, such person or persons, or

Delaware, declared unlawful.

Offenders liable to criminal

Penalty: removal of

corporation or their agents or lessees, shall be required by the obstruction order of the court where such conviction is had, to remove

and fine.

such obstruction, and shall be fined in any sum not less than one thousand ($1,000) nor more than ten thousand dollars ($10,000), in the discretion of the court.

OF PILOTAGE, NAVIGATION AND VESSELS.

attorney

institute

SECTION 2. And be it further enacted, It shall be the duty Duty of of the Attorney General of the State of Delaware, upon a general to proper representation by the authorities of any city or town proceedings. of the existence of any obstruction as aforesaid, in the harbor of the said city or town, to institute the proceedings as provided for in the foregoing section.

Passed at Dover, March 25, 1875.

TITLE TENTH.

Of Corporations,

Savings Banks and Insurance Companies incorporated in this State, to publish annual statements.

When.

First statement.

When.

lished.

CHAPTER 118.

GENERAL PROVISIONS RESPECTING CORPORATIONS.

AN ACT relative to the Publication of Statements of Savings Banks and
Insurance Companies.

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

That every savings bank, or other incorporated institution for saving, and every fire, marine, life or live stock insurance company, incorporated under the laws of this State, shall, within six months after the passage of this act, and thereafter, annually, before the first day of July in each year, publish or cause to be published, once a week for three weeks, in at least How pub- two newspapers of this State, a statement in detail, setting forth its financial condition at the time such statement is published, presenting the amount and nature of the business done during the last preceding year, with the assets and liabilities of the corporation, and the manner in which its assets are invested, the amount of annual expenses, and for a failure to publish such statement, the said bank or insurance company shall be liable to a fine of two hundred dollars for each and every such omission, to be prosecuted and received by the Attorney General for the use of the State.

What to

set forth.

$200 fine for every omission. Attorney General to prosecute.

Foreign insurance

Companies to mak pub.

SECTION 2. And every foreign, fire, life, marine or live stock insurance company, having a duly authorized agent or agents representing it within this State, or doing business within the State, shall be required to publish a statement as provided in the foregoing section, and in default of such publication it shall not be lawful for any agent or agents to pursue the business of representing a company so omitting to publish or to receive insurance for the same, within the limits of this State, under the penalty prescribed in the preceding section.

OF CORPORATIONS.

CHAPTER 119.

GENERAL PROVISIONS RESPECTING CORPORATIONS.

AN ACT to provide incorporation for religious, charitable, literary and manufacturing purposes, for the preservation of animal and vegetable food, for building and loan associations, and for draining low lands.

SECTION 1. Be it enacted by the Senate and House of Repre-General sentatives of the State of Delaware in General Assembly met, incorporation two thirds of each branch of the legislature concurring herein, That when any number of persons, not less than three, two-Who may be thirds of whom are citizens of this State, are associated or mean to associate for religious, charitable, literary or manufac- For what turing purposes, or for the preservation of animal and vegeta-purposes. ble food, or as building and loan associations, or for draining low lands, and shall be desirous to acquire and enjoy the pow-How. ers and immunities of a corporation, or body politic in law, it shall and may be lawful for such persons to prepare an in- Instrument. strument in writing, therein specifying the objects, articles, conditions, capital, and name, style or title under which they have associated or mean to associate, and the same through sented pre their attorney, to exhibit and present during vacation to the vacation to associate judge of the Superior Court of the county in which judge of such corporation is intended to be situated or have its princi-Superior pal business transacted, and said associate judge is hereby au thorized to examine said instrument, and if the objects, articles and conditions are therein set forth and ascertained and shall appear to said judge to be lawful, and not injurious to the community, the said judge shall direct said writing to be filed Filed in among the records of the said Superior Court, and order the Court. prothonotary to publish in some newspaper of the county, to when be designated in the order, for at least three weeks, a notice Order for setting forth that an application has been made to said judge publication to grant such charter of incorporation, which notice shall set application forth the object of such charter: and if no sufficient reason is for charter. shown to the contrary, it shall be lawful for the Superior What notice Court of the county in which such corporation is intended to forth. be situated or have its principal business transacted, at the ensuing term thereof, to decree and declare, by their order in - Decree. dorsed upon said instrument, attested in the usual form by the When and said prothonotary under the seal of the said court, that the persons so associated, and such others as may be admitted by them to their company, shall, according to the conditions and articles in said instrument set forth and contained, become and be a corporation or body. politic; and further direct that such charter of incorporation, with such indorsement thereon, shall

1

OF CORPORATIONS.

Prothonotary be delivered to the Secretary of State by the said prothono

to deliver
charter to

Secretary of
be

office.

tary, to be filed in his office; and a copy of the same, furnished Start and certified by the said secretary under his hand and the seal filed in his of his office, shall be recorded in the recorder's office of the county in which the application aforesaid is made; and on Copy certi such instrument being recorded, the persons so associated and Secretary, to to be associated, or meaning to associate, shall, according to be recorded. the objects, articles, and conditions in said instrument set

by said

Where.

Effect.

Notice of
intention to

apply for
incorpor-
ation.

When and
how pub-
lished.

What fees allowed.

paid by
applicants.

forth and contained, become and be a corporation, or body politic in law and in fact, to have continuance by the name, style and title in such instrument provided and declared. Thirty days' notice of said application shall be given by the parties who intend to apply for incorporation, in one or more of the daily newspapers published in the city of Wilmington, if the corporation is to transact its business in New Castle county, if not, in a paper published in the county where it is

to be transacted.

SECTION 2. And be it further enacted, That the usual fees allowed by law for equal or similar services, shall be received by the respective officers under the provisions of this act; and where there is no guide in that respect the court shall allow All expenses reasonable fees. And all the expense of procuring said charter of incorporation, and filing, copying, certifying, and recording the same, and the indorsement of the court thereon, as provided for by this act, shall be borne and paid by the person or persons applying therefor. And after said certified copy of said charter shall be recorded, as directed in this act, the same shall be delivered over to the applicants; and the record thereof, or an office copy of such record, shall be evidence.

Certified

to be

delivered to the app hen

recorded.

Evidence.

Amend-
ments, &c.,
to charter

SECTION 3. And be it further enacted, That whenever any corporate body, created or established under the provisions of this act, shall be desirous of improving, amending or altering the articles and conditions of the instrument upon which it was formed and established, it shall and may be lawful, for such corporate body, in like manner as aforesaid, and upon notice as aforesaid, specifying the improvements, amendments or alterations which are or shall be desired, to exhibit its peAssembly. tition to the General Assembly for that purpose; and if the General Assembly shall be of opinion that such alterations are not repugnant to the constitution of this State or the constitution or laws of the United States, the prayer of the petition may or may not be granted, as to the General Assembly may seem proper.

Petition to
General

SECTION 4. And be it further enacted, That it shall and may be lawful for the Superior Court of the proper county to