i

First meet

holders.

APPENDIX.

the matters and things which to them shall lawfully appertain to do for the well being and ordering of the same.

SECTION 4. That as soon as one thousand shares shall be indestock 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 town of Harrington, to organize the said company by the choice and appointment of officers as hereinafter mentioned, and said meeting shall be held at such time as shall be appointed in said notice.

Place.

Notice.

First meet-
ing of direc-
tors and
officers.

Annual
meeting of
stock-
holders.

Election of
directors.

Notice.

SECTION 5. That the management and control of said company shall be vested in the persons chosen by the subscribers to the capital stock at their first meeting until the period herein fixed for the regular election of directors of said company, who shall choose from their number a president, a secretary and a treasurer, and that the stockholders of the said company shall meet annually on the first Monday in January, at such place as they shall determine upon, and elect seven directors for said company, all of whom shall be stockholders, who shall elect from their own number, as aforesaid, a president, a secretary and treasurer for said company. The notice of such an election for directors as aforesaid, and the manner of conducting the same, to be provided for in Vacancy. the by-laws of said company, and any vacancy in said board of directors may be supplied by appointments to be made by the board of directors until the next annual election; all Elections. elections shall be by ballot of the stockholders or their proxies, allowing one vote for each share which shall have been held in his or their name or names, at least thirty days before the time of voting. The board of directors for the time being shall have power to take from any treasurer or secretary, or other officer or agent appointed by them, such security for the faithful performance of their respective duties as they may deem proper.

Voting.

Official
bonds.

Toconstruct
railway.

Termini.

Route.

SECTION 6. That "The Harrington, Frederica and Denton Electric Railway Company" shall have power and they are hereby authorized to locate, construct, operate and maintain a railway from a point in the town of Frederica, in South Murderkill hundred, Kent county, Delaware, to a point in the line dividing the States of Delaware and Maryland at or within one mile of the village of Burrsville, passing through the towns of Felton and Harrington, and the hundreds of South Murderkill and Mispillion, and for locating, construct

APPENDIX,

bridge,
road.

ing, operating and maintaining the railway of said company May use it shall have power to use and occupy any bridge, street or public public road along its said route in South Murderkill and street or Mispillion hundreds as may be determined upon by said directors, or if deemed expedient by the said directors the May secure said company may use and occupy for a right of way lands private other than streets or public roads, the right to use which has previously been acquired by gift, lease, purchase, or as is hereinafter provided,

way not to

The said company shall have power to cross all county May cross bridges provided they shall not interfere with public travels. and public traffic; and provided also that the said company shall not materially affect or damage the present grade of any public road or street; and it is likewise further expressly provided that if the railroad to be constructed under authority of this act shall be so located as to cross any railroad track Crossing of now constructed or existing which is owned or operated by steam railany railroad company using steam as a motive power, such be at grade. crossing shall not be at grade, but shall be by either an overhead or undergrade crossing, which, if undergrade, shall be so located and constructed as not to disturb the road bed so intersected, or if overhead, shall be at such an elevation as not to impede or interfere with the free and safe passage of engines and trains on the roads so crossed; and provided further, that before said company can occupy any streets, lanes or alleys in either of the towns of Frederica, Felton or Harrington, or any public roads or bridges in Mispillion Consent of and South Murderkill hundreds, the consent of the authori-authorities ties having jurisdiction over the same must first be obtained. obtained. The said railway shall be used as a passenger railway and Motive the motive power of railway shall be by electricity.

to

power.

cated at

And it is likewise further expressly provided, that whenever the company hereby incorporated shall locate or construct its To be lorailway upon the public roads it shall so locate and construct side of road. such railway on the side of said public roads in such manner as to not interfere with the proper use of said public roads for vehicular travel, and whenever a county bridge is used by said company it shall widen the same at its expense, and lay County its tracks on the part so widened, so as to not interfere with bridge the proper use of said bridges for public travel and traffic.

to be

widened.

SECTION 7. That the said company shall be and they are hereby authorized to contract for, purchase and hold all such May pur lands as the directors of the said company shall deem neces

How obtained when cannet agree.

APPENDIX.

sary for the purposes of the said railway, and in case such land as may be necessary for the location and use of such railway cannot be obtained by purchase, the company may apply to the Superior Court, or any judge thereof residing in Kent county, in vacation, by petition, first giving the other party five days'notice in writing of such application, the said notice to be served personally, if the party resided in the State, or in case of non-residents, to be served upon the tenant residing upon the land proposed to be taken. The said court or judge shall appoint five judicious and impartial freeholders to view the premises which the said company may require for the use and construction of the said railway, Damages to and assess the damages, if any, that the owner or owners thereof will sustain by reason of said railway passing through the same.

Commissioners.

be assessed.

To be sworn

meeting.

The said freeholders shall be sworn before some judge faithfully and impartially to perform the duties imposed upon Notice of them; they shall give ten days' written notice to the owners of the property, to be served as heretofore provided, and to the president of the company, of the time of their meeting for the discharge of their duty, which meeting shall be held on the land required for the use of said railway; and they shall make a report in writing under their hands, or the hands of a majority of them, to the term of the Superior Court of Kent county next after their appointment, and the said Superior Court may either confirm the said report or on good and sufficient reasons refer the matter back to the same persons, or appoint five other judicious and impartial freeholders to perforin the said duty in the manner aforesaid.

Report.

Payment of damages.

When judgment or confirmation is rendered by the said court on any report made as aforesaid, and upon the payment by the said company of the amount of damages assessed to the owner or owners of said property, or upon the payment be paid into of the same into court for his or their use, whether the said owners or any of them be or be not under any of the disabilities of infancy, coverture or incompetency of mind, or be in or out of the State, the title to the land and premises mentioned in the said report shall be absolutely vested in the said company, their successors and assigns.

court.

The fees of the commissioners shall be three dollars per day sioners and of actual service; and the fees of the Prothonotary on any Prothono- such proceeding shall be determined by the court; all of which to be paid fees shall be paid by the company.

APPENDIX.

259

SECTION 8. The aforesaid company shall procure certifi- Certificate cates of stock for all the shares of said company, and shall of stock. deliver one such certificate, signed by the president and secretary, and sealed with the common seal of the said corporation, to each person for such share or shares of stock as by him or her are respectively owned, which certificate of stock shall be transferable at his or her pleasure, in person or by Transferred attorney duly authorized, in the presence of the president, or secretary, or treasurer, in a book to be kept by said corporation for that purpose.

SECTION 9. The board of directors of said company shall Dividends. declare dividends of so much of the net profits of the company as shall appear to them to be advisable, on the first Monday in January and July of each year, which shall be paid to the stockholders on demand within thirty days after the same shall have been declared.

SECTION 10. That this act shall be deemed an act for public improvement, and be deemed and taken to be a public act, and the power to alter, amend or revoke the same is hereby expressly reserved to the Legislature.

commenced

SECTION II. It shall be the duty of the said corporation Road to be to locate and commence the construction of the railway by Jan. 1, authorized under the provisions of this act on or before the 1896. first day of January, A. D. one thousand eight hundred and ninety-six, and such railway shall be fully constructed, Completed equipped and operated by the first day of January, A. D. one 1898. thousand eight hundred and ninety-eight, otherwise this act shall become void, and all the rights, privileges and franchises hereby granted shall, on the day last aforesaid, wholly cease and determine.

Passed at Dover, May 3, 1895.

by Jan 1,

APPENDIX.

CHAPTER 200.

AN ACT to incorporate the Sussex Electric Railway Company.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each branch concurring):

SECTION 1. That John B. Dorman, William B. Tomlinson, Charles H. Adkins, John C. Hazard, Ebe W. Tunnell, Dr. Hiram R. Burton, Frank C. Maul, Joseph E. Holland, R. Davis Carey, Dr. Joseph Hearn, William T. Parker, James Ponder, Dr. James A. Hopkins and John M. Robbins, be and they are hereby appointed commissioners to procure and cause to be opened, at such time and place as a Subscrip- majority of them shall deem proper, a suitable book for subscriptions to the capital stock of the "Sussex Electric Railway Company" and may permit such persons to subscribe in said book for such number of shares of said capital stock as a majority of said commissioners may deem proper. SECTION 2. That as soon as five hundred shares of the corporated. said capital stock shall have been subscribed for, the persons subscribing therefor and such others as shall at any time become shareholders in said company, their successors and assigns, shall be and they are hereby declared to be incorporated by the style and title of "Sussex Electric Railway Company", and by that name shall have perpetual succession; and by that name shall have power and capacity to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any and all courts and places whatsoever, whether in this State or elsewhere, in all manner of actions, suits, complaints, pleas, causes, matters and demands whatsoever, and shall have power to purchase, lease, take, own and hold, by contract, deed, devise, bequest, gift, assignment or otherwise, estate real, personal or mixed, of every kind, and the same to grant, mortgage, sell, lease, alien, convey and dispose of in such manner and on such terms and conditions as the said company or its successors shall think proper; to enter into any or all contracts necessary or proper to be made in the conduct of its business; to declare dividends out of the net profits of the company; to have a common seal; to ordain by-laws for the government of the said company; to exercise and enjoy all the franchises