Style.

OF RAILROADS.

lor and such other persons as may hereafter become stockholders in the company hereby incorporated, their successors and assigns, be and they are hereby constituted a corporation and body politic by the name of "The Elsmere and Wilmington Electric Railway Company", and by that name Powers. shall have perpetual succession, with power to sue and be sued, to plead and be impleaded, complain, answer and defend in all courts of law and equity, to acquire, purchase, take, lease and hold and enjoy all such estates and property, real, personal and mixed, as may come into its possession under contract or by order of its board of directors, or in the course of its dealings and business, having the same rights, powers and privileges and subject to the same duties with respect thereto as any individual holder, whatsoever the same may be and wheresoever situate, and the same to invest, manage, collect, adjust, settle, grant, convey, sell, loan, lease, pledge, mortgage and otherwise dispose of at its pleasure, to lease and operate its own lines or the lines of other companies, to have and use a common seal and the same to alter and renew at pleasure, and generally to use, exercise and enjoy all the powers, rights, privileges and franchises incident to a corporation, except No banking banking powers, which are proper and necessary to the transaction of the business of the corporation hereby created.

powers.

Subscrip

tions to capital stock.

Capital stock.

May be increased.

SECTION 2. The corporators named in Section 1 of this act, or a majority of them, shall have power and are hereby authorized to open books and secure subscriptions to the capital stock, at such times and places as they may deem expedient, which capital stock shall consist of two thousand shares of the par value of fifty dollars each, making a total capital of one hundred thousand dollars. The majority of the stockholders may, however, increase the capital stock in their discretion from time to time by such amounts as shall be proper and for the best interest of said company; provided such capital stock shall not at any time exceed the sum of seven hundred thousand dollars; such original capital stock, or the stock, if increased any, be in the whole, Common or common or in part common and in part preferred stock, as the said company may from time to time determine, and may be issued in settlement of contracts of said company. May borrow said company may issue its obligations and secure the paysecure same ment of such of its obligations as it may desire by mortgage or mortgages of the said railway, and any part thereof, or of any part or all of the estate, real or personal, together with. all corporate rights and franchises held by it, howsoever

Limit.

preferred.

money and

The

OF RAILROADS.

stock

acquired. The subscribers of said capital stock, or their First meetassigns, may meet at any time after ten per cent. of the ing of original capital stock shall have been subscribed for and holders. fully paid in, and elect from three to nine directors who shall First constitute the board and serve until the ensuing annual directors. meeting or until their successors shall be duly elected.

office and

meeting.

SECTION 3. The principal office of the said company Principal shall be in the City of Wilmington, where its annual meet-place of ing shall be held, at which meeting its directors shall be annual chosen by ballot and by a majority of votes cast, the stockholders being entitled to one vote for each share of stock held either in person or by proxy. They shall continue in Directors. office until the next annual meeting or until their successors are duly chosen. Any vacancy happening in the board shall Vacancy. be supplied by the other directors.

SECTION 4. The directors shall choose from among their Officers. number a president and vice-president, and shall elect a secretary and treasurer, and employ such other officers, agents and servants as may be necessary, and may secure their fidelity by bond or otherwise as they shall judge proper. They shall adopt such by-laws for the government of the By-laws. affairs and business of said company as they may deem proper, not inconsistent with the laws of this State. They inay call for the payment of the stock subscribed in such Payment manner, at such times, and in such installments as they shall deem expedient. The directors shall declare dividends of so Dividends. much of the net profits of the company as they shall deem expedient from time to time, which dividends shall be paid to the stockholders on demand ten days after the same shall have been declared; provided, that no dividend shall be made but out of the net profits of the company.

of stock.

30 days to

pay stock

SECTION 5. If any subscribers to or holder of the capital Neglect for stock shall refuse or neglect to pay any installment on stock subscribed for or held by him or her for thirty days after the called for. time appointed for the payment thereof, the directors may either declare such stock forfeited and sell the same for the benefit of the corporation, or may in the name of the corporation sue for and recover from such delinquent subscriber or holder the sum remaining unpaid, with costs and interest thereon, and no holder of such stock shall during the time any installment shall be due and unpaid be entitled to vote at any meeting of the stockholders or to receive any dividend on the stock.

To construct railway.

Route.

Contracts

with other

Motive

power.

OF RAILROADS.

SECTION 6. It shall be the business of said corporation to locate, construct, operate and maintain a railway for the carriage of passengers and freight for compensation from the Termini. village or settlement known as Elsmere in Christiana hundred, New Castle county, to such point on Maryland avenue or Lancaster avenue or Union street or to any intermediate point where the railway line of any other city railway may be met or crossed and by such route as the directors of said company may determine; and the said company is hereby authorized and empowered to make, enter into and enforce any and all such contracts with any other such company with which its lines companies. may connect or over which it may desire its cars to run respecting the use, occupation, maintenance and operation and the furnishing of motive power, equipment and appliances to and for the lines and properties of any or either of such companies and the transfer, moving, handling or carriage of cars and passengers as may be mutually satisfactory and from time to time agreed upon between them; and the carriages or cars of said railway may be moved or propelled by horses, by electricity, by cable motor or by any improved motive power other than steam which said company may at any time adopt, the right being hereby given said company to erect, construct, operate and maintain such devices, contrivances, machinery and appliances as are necessary to render the said motive power effective in moving or propelling the carriages, cars or other rolling stock of said company. The railways, or any part of the same, to be constructed, may be laid either with single or double track, and the same may at any time be altered from one to the other as the directors shall deem expedient, and it may be laid, located, constructed, operated and maintained with all sidings, turnouts, switches, poles, wires, cables, chains, devices, contrivances, machinery and appliances necessary, in the judgment of the said directors, for the proper working of said railway and for the purpose of locating, constructing, operating and maintaining the said railway with all its sidings, turnouts, switches, poles, wires, cables and connections as aforesaid; the said company having first obtained the consent of the authorities. Consent of having jurisdiction thereof and under direction of such authorities shall have power to use and occupy so much of any street, avenue, highway, turnpike or public road of New streets, &c. Castle county for the purposes aforesaid as may be necessary, or if deemed expedient by the directors, may for the purposes aforesaid use or occupy any land other than a public road, the title to said lands being first acquired as hereinafter directed;

Single or double tracks.

authorities.

Use of

Use of private

property.

OF RAILROADS.

lished

way not to

at grade.

within nine

provided, that said railway shall be conformed as near as may To conform be to the grades which now are or hereafter may be established to estabfor any street, road, highway or turnpike over which the same grades. shall be located. And it is hereby further expressly provided, that if the railway to be constructed under the authority of this act shall be so located as to cross the line of any steam Steam railrailroad which is operated by any railroad company, the cross- be crossed ing of said track shall not be at grade, but shall be so made by either an overhead or undergrade crossing that it shall not impede or interfere with the free and safe passage of the engines and trains on the road crossed; and provided further, that the line of railway hereby authorized to be constructed To be begun shall be begun within nine months from the passage of this months and act and the line hereby authorized shall be completed within completed two years from the passage of this act, otherwise this act two years. shall be and become void and of no effect, and all rights hereunder shall cease and determine. And provided further, that the said corporation shall have full power and authority May confrom time to time to enter into such contracts and agreements tract with respecting the use, occupation, maintenance and operation panies. and furnishing power, equipment, and appliances of and to its lines and the lines of other companies, and the transfer of cars and passengers as shall be mutually satisfactory and agreed upon.

within

other com

vate pro

sioners.

SECTION 7. Whenever it shall be deemed by the directors Use of prinecessary to enter upon and occupy any lands, tenements or perty, how hereditaments for the use of said corporation, if the owner or acquired. owners of such lands, tenements or hereditaments be not known, or be under the age of twenty-one years, or if the directors and such owner or owners cannot agree upon the compensation to be made therefor, the Superior Court for New Castle county, in term time, or any judges of the same in vacation, shall upon application by the company, appoint Commisfive commissioners (who shall be freeholders) who shall go upon the premises, first giving notice of the time and place Duties. of their meeting to the president of the company and to the owner or owners of the premises, if residing within the county, otherwise such notice shall be given to the tenant in possession of the premises. The commissioners being sworn or affirmed to perform their duties with fidelity shall assess fairly and impartially the damages of such owner or owners to be sustained by the premises being taken for the use of the company, taking into consideration all the advantages to be derived to the owner or owners by reason of said railway, and

Return.

To be recorded.

damages.

Appeal.

OF RAILROADS.

shall certify their proceedings, with their assessments, under their hands and seals, or the hands and seals of a majority of them, to the company, whereupon the said company, upon recording the same in the office for recording deeds in and for New Castle county, and paying to the owner or owners of Payment of the premises the damages assessed as aforesaid, or depositing. the same to the credit of such owner or owners in the Farmers' Bank of the State of Delaware, at Wilmington, shall become entitled to hold, use, occupy and enjoy the said premises, exclusively to it, its successors and assigns forever; provided, that either party being dissatisfied with the damages so assessed may, on application to the prothonotary of New Castle county within ninety days after such an assessment shall have been recorded as aforesaid, sue out a writ of ad quod damnum, requiring the sheriff of said county in the usual form to inquire by twelve impartial men of his bailiwick, under oath or affirmation, of the damages aforesaid. The assessment of the jury duly made and returned by the sheriff shall be final. If increased damages are found by the jury the increased amount shall be paid or deposited by the company as aforesaid before provided, and if the damages be reduced the owners shall refund the amount diminished. The costs of the inquisition shall be paid by the unsuccessful party. The fee of a commissioner shall be two dollars per day, to be paid by the company, and to a juror two dollars per day and three cents per mile going and returning. The work of said company shall not be delayed by such applicadelayed by tion for a writ of ad quod damnum, but upon payment or deposit as herein before provided of the damages awarded by commissioners, the title of the company to enter upon, use, occupy and enjoy the premises inquired of and to hold the same to it, its successors and assigns shall become vested and Vacancy perfect. Should a commissioner appointed under this section mission. die or become incapable of acting before the commission is executed, any judge of the Superior Court may fill the

Costs.

Fees of commissioner.

Of juror.

Work not

appeal.

Title to premises.

in com

Damage to
property
of company.

vacancy.

SECTION 8. If any person or persons shall wilfully damage. or obstruct the said railroad, or any part thereof, or hinder or delay the building of the same, or hinder or delay the passage of cars over the same, or damage any of the works or proCivil action perty of the said company, such person or persons shall be liable to the company in a civil action for double the damages sustained and shall moreover be guilty of a misdemeanor and on indictment and conviction thereof shall be fined not

for dam

ages.

Misde

meanor.