OF CORPORATIONS.

Volume 11, 365.

When comoccupy and

CHAPTER 441.

RAILROADS.

A further additional supplement to the act entitled "An Act to Incorporate the Junction and Breakwater Railroad Company."

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (with the concurrence of two-thirds of each branch of the Legislature.) That whenever the Junction and Breakwater Railroad Company shall survey, locate and construct a branch road from any point on the present railroad of the said company at or near Lewes, to any point on the Rehoboth bay at or near Rehoboth Rehoboth city, in Sussex county, it shall be lawful for said comlands there- pany to enter upon and occupy any portion of said Rehoboth on belonging bay, or any shore, cape or marsh thereof, the property where

pany may

use certain portions of

Bay and

Certain structures

may be constructed thereon.

of is in this State, and to hold, use, occupy and enjoy so much thereof as shall be necessary and proper for the use and benefit of said company, and thereon to make and construct such piers, wharves, docks, roads, houses and other needful buildings, structures and improvements as may be conducive to the interests and objects of the said company. Provided, nevertheless, that nothing in this section contained shall be Navigation construed to authorize the said company to unnecessarily structed un- diminish or obstruct the navigation of any part of the said necessarily. Rehoboth bay.

Proviso.

land be

hobothe Bay

When com- SECTION 2. And be it further enacted, That as soon as the Panypyand Junction and Breakwater Railroad Company shall have suruse certain veyed, located and constructed a branch road, as authorized tween Re- in the foregoing section, it shall be lawful for said company to enter upon and occupy any portion of the land lying between Rehoboth bay and the Atlantic ocean, the property whereof is in this State, and to hold, use, occupy and enjoy the same. Provided, that the land so entered upon, occupied, held, used and enjoyed, shall not exceed fifty acres, and that this act shall not interfere with or affect, in any manner, the rights of

Atlantic
Ocean.

Proviso.

Not to exceed 50

acres.

Nor interfere

with any ex- the people to any landing now in existence on said bay.

isting landing,

SECTION 3. And be it further enacted, That the said railhave survey road company, as soon as may be, shall cause a survey and a plot of the land authorized to be entered upon, held and enjoyed by this act, to be made and returned in the office of recorder of deeds in and for Sussex county.

OF CORPORATIONS,

CHAPTER 442.

TURNPIKES.

AN ACT to repeal chapter 64, volume 4, Delaware Statutes, incorporating Volume 4, "The Wilmington Turnpike Company."

WHEREAS, the Wilmington Turnpike, from the number of adjacent public roads, railroads, and other causes beyond the control of the corporation, has become a burden to the stockholders, and is of little public utility.

And whereas, it is considered that the public good and private interests alike will be best promoted by converting said turnpike into a free public highway; And whereas, Such is the desire of said, The Wilmington Turnpike Company; now, therefore,

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

196.

Preamble.

of volume 4, amend.

SECTION 1. That the act entitled "An Act to incorporate a company for making a Turnpike road from the borough of Chapter 64. Wilmington to the line between this State and Pennsylvania, and all or to communicate with the artificial road contemplated from ments and the Gap to Newport," together with all amendments, addi- supplements tions and supplements thereto, be and the same are hereby pealed. repealed, made null and void.

declared a

way.

SECTION 2. That the road now used and controlled by the Certain road said company, lying partly in the limits of the city of Wil-public road mington, and partly in the hundreds of Christiana and Mill and highCreek, in New Castle county, is hereby declared to be a pub- Location. lic road and highway, and as such, shall be maintained, re- How to be paired, managed and controlled as other roads and streets now. are, in said hundreds and city, respectively. Provided, that Proviso. the Levy Court of said county may maintain such of the bridges on said road, as it may deem proper.

maintained.

Brid ges.

SECTION 3. That the said company shall make, execute and Company to deliver any and all writings, papers and instruments, and do do all acts and perform every act, matter, and thing, that properly may conve be necessary to secure said city and hundreds the use and control of said road, at the proper cost and charge of said city borne and hundreds, respectively, and for that purpose shall have Tohave concontinuance until the same is effected. Said city and hundreds such pur

OF CORPORATIONS.

debts, &c.,

Liability for shall, in no wise, be liable for any of the debts, contracts or of company. engagements of said company.

Certificate of

acceptance

SECTION 4. That the said company shall, within three of this act. months after the passage of this act, certify to the Governor How and to its acceptance of this act, or it shall be void. The certificate of whom made. such acceptance shall be under the hand of the president

Act to take effect; when.

Proviso.

and secretary of the company, with the corporate seal affixed.

This act shall take effect on the twenty-fifth day of March, eighteen hundred and seventy-seven, provided such certificate of acceptance is then filed, if not, then upon the filing of such certificate.

Passed at Dover, February 9, 1877.

Amended

Code 1874,

404

CHAPTER 443.

OF THE CITY OF WILMINGTON.

AN ACT to amend the charter of the city of Wilmington.

SECTION 1. Be it enacted by the Senate and House of Reprebles to have sentatives of the State of Delaware in General Assembly met, (two-thirds of each branch concurring,) That the high constable of the city of Wilmington and other city constables shall possess like powers within the county of New Castle as are possessed by the constables of the said county.

OF CORPORATIONS.

CHAPTER 444.

OF THE CITY OF WILMINGTON.

AN ACT to confirm an ordinance of the city of Wilmington, vacating parts of Walnut, Spruce and Second streets.

WHEREAS, the city council of Wilmington, on the fifteenth day of February, A. D. one thousand eight hundred and seventy-seven, passed an ordinance entitled "An ordinance vacating parts of Walnut, Spruce and Second streets," which is in the words following, to wit :

Be it ordained by the City Council of Wilmington,

SECTION 1. That Walnut street, between Front street and Water street, Spruce street, between Robinson street and Front street, and Second street, between Pine street and Church streets, as the same are laid down on the plan of the said city, be and the same are hereby vacated, any law or ordinance to the contrary notwithstanding to and for the following intent, uses and purposes, to wit: the occupation and erection thereon by the Philadelphia, Wilmington and Baltimore Railroad Company, of a suitable building or buildings for a depot roundhouse and other purposes incident to, and necessary for, the accommodation of said The Philadelphia, Wilmington and Baltimore Railroad Company in this city.

SECTION 2. And be it further ordained, That the General Assembly of the State of Delaware, be and the same is hereby respectfully requested to pass, at its present session, an act confirming and establishing the first section of this ordinance.

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

Preamble.

SECTION 1. That the first section of the ordinance of the A certain city of Wilmington as hereinbefore recited, be and the same is ordinance hereby approved, confirmed and established, and that such eating cerparts of the said streets thereby declared vacated, shall be, and approved remain, vacated.

542

LAWS OF DELAWARE.

Volume 11, 181.

Volume 13, 463.

OF CORPORATIONS.

CHAPTER 445.

OF THE CITY OF WILMINGTON.

A further supplement to the act entitled "An act to regulate the building
of wharves in the city of Wilmington," passed at Dover, February 6, 1855.

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

SECTION 1. That the vacancy occasioned by the death of William Thatcher, a member of the commission created by an act of the General Assembly, passed at Dover, April 9, 1869, be filled by the appointment of William G. Gibbons, and that Future va- the commission shall have power to fill any vacancy that may cancies; how hereafter occur in their body.

Vacancy filled.

Passed at Dover, March 9, 1877.

!

Amended Code, 1874, 404.

Section 13,

CHAPTER 446.

OF THE CITY OF WILMINGTON.

AN ACT to amend chapter 73 of the Revised Statutes of the State of
Delaware, entitled "Of the City of Wilmington."

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. That section 13, chapter 73, of the Revised chapter 73, of Statutes of the State of Delaware, entitled "Of the City of

Rev. Code, amended.

Wilmington," be and the same is hereby amended by striking out of said section all between the word "Ward," in the thirteenth line, and the word "all," in the fifteenth line of said section and inserting in lieu thereof, these words: "and the part of Boundaries said city east of Market street and west of Poplar street between Sixth street and the Brandywine river, shall be the Sixth ward, and by striking out of same section all between

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