CONCERNING RAILROADS. place appointed for the space of thirty days after the time so appointed, every such stockholder, or his or her assignee, shall, in addition to the installment so called for, pay at the rate of two per cent. per month for the delay of such payment; and if the same and the additional penalty shall remain unpaid for such space of time as that the accumulated penalty shall become equal to the sum before paid in part, and on account of such shares, the same shall be forfeited to the said company and be sold to any person or persons willing to purchase for such price as can be obtained for the same, or in default of payment by any stockholder of any such installment as aforesaid, the president and President directors, at their election, shall sue and recover the same before tors may any justice of the peace, or in any court having competent juris- bring suitfor diction of the same, together with the penalty aforesaid: Pro- calls and vided that no stockholder, whether original subscriber or assig- No stocknee, shall be entitled to vote at general or special meetings of the holder entisaid company on whose share or shares any installment or who has not arrearages may be due and payable more than thirty days pre- calls within viously to the said election or meeting. and Direc amount of penalty. tled to vote paid his thirty days. SECTION 9. And be it further enacted, That the president and omeial directors of the said company shall demand and require of and bonds. from the said treasurer, and all and every other the officers and other persons by them employed, bond in sufficient penalties and with such sureties as they shall by their by-laws, rules and regulations require, for the faithful performance of the several duties and trusts to them or any of them respectively committed. ceed the nett SECTION 10. And be it further enacted. That dividends of so Dividends. much of the profits of the company as shall appear advisable to the directors shall be declared at least twice a year in every year, and paid to the stockholders on demand at any time after the expiration of ten days therefrom, but they shall, in no case, exceed the amount of the net profits actually acquired by the Not to excompany, so that the capital stock shall never be thereby profits of the impaired. If the said directors shall make any dividends which company. shall impair the capital stock of said company, the directors consenting thereto shall be liable in their individual capacities to Individual said company for the amount of the stock so divided; and each liability of director present, when such dividend shall be made, shall be claring divi adjudged to be consenting thereto, unless he forthwith enter his ceeding protest on the minutes of the board, and give public notice to the stockholders at the declaring of such dividend. Directors de dends ex profits. statement of SECTION 11. And be it further enacted, That at each annual Annual meeting of the stockholders the directors of the preceding year the affairs of shall exhibit to them a complete statement of the affairs and proceedings of the company for each year, and that special meetings inge. Company. Special meet Notice. Construction of railroad. Where. lands. CONCERNING RAILROADS. of the stockholders may be called by order of the directors or by stockholders holding one-fourth in amount of the capital stock on like notice as that required for annual meetings, specifying, moreover, the object of the meeting, but no business shall be transacted at such special meeting, unless a majority, in value, of the stockholders, shall attend in person or by proxy. SECTION 12. And be it further enacted, That the said company be and they are hereby authorized to locate and construct a railroad to commence at a point on the Delaware Bay or River, at or near Port Penn, in New Castle county, and State of Delaware, to run through the northern limits of the Village of Odessa, in the County and State aforesaid; thence to a point at or near Middletown, Delaware, and to terminate at the Maryland line at a point near the Village of Warwick, Cecil county, and State of May enter on Maryland, and for that purpose to enter upon any lands necessary for locating, laying out, or making the same, or to procure sand, gravel, earth or wood for such use, and to obtain title or right to the same, as hereinafter provided. And the said company may lay down the track of their railroad across the Delaware Railroad or any other railroad that may now or hereafter be constructed in this State, and which it may be necessary to cross for Crossing not the purposes aforesaid: Provided, that in crossing the track of passage on any other railroad, they shall construct their crossing in such a manner that the same shall not impede or obstruct the passage of any car or locomotive upon the road or roads so crossed; and provided further, that the corporation whose track is thus crossed may claim and obtain damages according to the provisions of this act. Right to cross Delaware railroad, &c. to obstruct Del. R. R. Damages. Condemna tion of lands SECTION 13. And be it further enacted, That whenever it shall be necessary for the said company to enter in and upon and occupy for the purpose of making said railroad and procuring suitable material therefor, any lands upon which the same may be located, if the owner or owners of said land shall refuse to permit such entry and occupation, and the parties cannot agree upon the compensation to be made for any injury or supposed injury that may be done to said land by such entry and occupation, the Superior Court of New Castle county, in term time, or Commission-any judge in vacation, upon application, shall appoint five judicious commissioners, and the said commissioners shall, on being notified thereof, go upon the said lands and assess the damage of such owner or owners, on oath or affirmation, fairly and impartially, taking into consideration all the benefits to be derived from or in consequence of the said railroad to the said ers to certify Owner or owners, and the said commissioners shall certify their both parties, finding and award to both parties; whereupon the said company, ers. Oath. Commission Award to CONCERNING RAILROADS. under disa cept dam pany may in the bank. on paying the damages so assessed, shall become entitled to have, use and enjoy the said lands, for the purposes by them required, forever. And in case any owner or owners of any lands neces- Owners sary for the purposes of said company shall be a minor, or non- bility, or reresident, or for any cause incapable of receiving, or unwilling or fusing to acneglecting to receive said damages, or to call on the said company ages, comfor the same, the said company may deposit the amount of the deposit them said damages to the credit of such owner or owners in the New Castle County National Bank, at Odessa, subject to his, her, or their order; whereupon the said company shall be entitled to whereupon have, use, and enjoy the said lands and premises required for the Company to purposes of said company, for or on account of which damages shall have been assessed. And in the case of the death of any vacancies. such commissioners the Governor shall appoint another or others Expenses to to supply the vacancy. The expenses of the assessment of said be paid by damages shall always be paid by the said company. have title. company. on marsh or State same. SECTION 14. And be it further enacted, That whenever it shall May enter be necessary or expedient for the said company to enter upon or shore beoccupy any portion of the marsh, or shore, the property whereof aging to is in the State, it shall be lawful for them to enter upon the same make use of 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. SECTION 15. And be it further enacted, That it shall be the Crossings. duty of said company to construct and keep in repair good and sufficient passages across such railroad where any public road shall cross or intersect the same, so that carriages, horses, persons and cattle shall not be obstructed in crossing said railroad; it shall likewise be the duty of the said company, when the said railroad shall intersect any farm, to provide and keep in repair a suitable passage across the railroad for the use of said farm; it shall also be the duty of the said company, whenever the said railroad shall pass through any enclosed lands, to fence the same Fencing. on each side of the said railroad, unless by agreement between the company and the owner or owners thereof the former shall be released from the duty of fencing as aforesaid. &c. SECTION 16. And be it further enacted, That on the completion Right to reof the said railroad, or any section thereof, it shall and may be ceive tolls, lawful for the said company to demand and receive such sum or sums of money for tolls, freight and passage of persons and property as they shall from time to time think reasonable and proper. Penalty for injury to works of company. May unite companies. Effects of union. CONCERNING RAILROADS. SECTION 17. And be it further enacted, That if any person or persons shall wilfully and knowingly break, injure or destroy the railroad or any part thereof to be erected by the said company in pursuance of this act, or shall in any manner obstruct the free passage along the said railroad, he, she or they shall forfeit and pay to the said company three times the actual damages so sustained, to be sued for and recovered with costs of suit before any justice of the peace or in any court having cognizance thereof by action of debt or on the case in the name and for the use of said company. SECTION 18. And be it further enacted, That the president and with other directors of the said company are hereby authorized and empow ered to form a union with any company which is or may be incorporated in the State of Maryland for the purpose of constructing a railroad in said State to unite with the railroad contemplated in this act so that the capital stock of the said companies respectively shall constitute a common stock and the respective companies shall constitute one company and be entitled to all the rights, privileges and immunities which each and all of them possess, have and enjoy under and by virtue of their respective charters, or this company may contract with any such company on any other terms for the conveyance of passengers and any articles whatsoever, or with any individuals whatsoever, provided such contract be not prohibited by the laws of Maryland; and they shall have the same powers to unite with any railroad in the State of Delaware. Proviso. Capital stock The com pany may borrow money. Amount limited. Company may hold real estate. SECTION 19. And be it further enacted, That the capital stock of the said corporation shall not exceed the sum of three hundred thousand dollars, which shall be divided into shares of twenty-five dollars each. The said company shall have power, from time to time, to borrow money for the uses and purposes of the corporation, and to execute mortgages on all their estate, real and personal, and to issue bonds to secure the payment of the same: Provided, That the amount so borrowed shall not exceed in the aggregate the sum of three hundred thousand dol lars. SECTION 20. And be it further enacted, That the said company shall have full power to purchase and hold all real estate necessary for the purposes of the said railroad or any of their works, to buy and build wharves, piers, houses, depots and shops for Steamboats, corporate purposes, to purchase and hold steamboats, to ply in connection with the said road to any place or places whatsoever, and to contract with the owner or owners of any steamboat and any other railroad company for the transportation and passage to and from the said road, and when the final survey of any part CONCERNING RAILROADS. ed. of said road shall be made by the company's engineer, such sur- Final survey vey shall be recorded in the Recorder's office of the County of to be recordNew Castle, and the record thereof shall be evidence of the Evidence. route and limit of said road. SECTION 21. And be it further enacted, That this act shall be Public act. a public act, and the power to revoke this charter for the abuse Revocation. or misuse of the privileges hereby granted, upon the lawful conviction thereof, and to alter or amend this act, is hereby reserved to the Legislature. ment of com SECTION 22. And be it further enacted, That the Governor Appointshall fill any vacancy occurring by the death, resignation or missioners otherwise of the commissioners named in the first section of this in case of act. vacancies. not to con within cer SECTION 23. And be it further enacted, That the said Chesa- Company peake and Delaware Railroad Company shall not "construct any struct road railway or road to be used or traveled by locomotive engines or tain limits. engines propelled by steam within New Castle county, between the waters of Appoquinimink Creek and those of the Christiana River, or within a distance from the New Castle and Frenchtown Railroad on each side thereof as great as the mouth of the said Appoquinimink Creek and of said Christiana River is from the said railroad at the town of New Castle," until after the first day Until what of March, A. D. one thousand eight hundred and seventy-two. Passed at Dover, March 30, 1869. time. A Supplement to an act entitled, "An Act to incorporate the Maryland and Delaware Railroad Company in this State," passed February 11 Vol. 373. 13, 1857. WHEREAS doubts have arisen as to the authority of the Mary- Preamble. land and Delaware Railroad Company, under the charter heretofore granted by this State, to mortgage the franchise of its road; therefore, |