the said sheriff or other presiding officer of the board of canvass as aforesaid, shall by himself, or by any person deputed for the purpose, deliver to the Governor, one to the Prothonotary of the county in which he shall reside, one to the Speaker of the Senate, and one to the Speaker of the House of Representatives, to be by them laid before their respective Houses. Passed at Dover, Jan. 16, 1830. CHAPTER VI. A SUPPLEMENT to the act entitled "An act to authorise the (7 vol. 319.] New Castle and Frenchtown Turnpike Company, heretofore incorporated by the name of the President, Managers and Company of the New Castle and Frenchtown Turnpike, to make a rail-road from the place called and known by the name of Clark's Corner, in the county of New Castle in this State, as far as the Maryland line, in a direction towards Frenchtown on Elk river." Whereas, it appears to this Legislature, that certain provisions Preamble. contained in the act to which this is a supplement, have prevented the said company from receiving subscriptions for the increase of their capital stock, sufficient to accomplish the liberal and beneficial purposes intended by the said act: SEC. 1. Be it therefore enacted by the Senate and House of Repre- Width of the sentatives of the State of Delaware in General Assembly met, That turnpike the New Castle and Frenchtown Turnpike and Rail-road Com- road. pany shall not be required to keep open and in good repair more than twenty feet in breadth of the turnpike road from Clark's Corner to Frenchtown. wagons, &c. SEC. 2. And be it further enacted, That the Directors of the said Powers of New Castle and Frenchtown Turnpike and Rail-road Company he company may procure and use on any rail-road which shall be constructed in procuring by them in virtue of the act to which this is a supplement, all mamachines, chines, wagons, carriages and other vehicles which they may deem proper or necessary for the purposes of transportation on the said road; and they shall have power to charge and receive as tolls for Tolls. using the said road, not exceeding three cents per ton, per mile: for the transportion of passengers, not more than five cents per mile, including customary baggage, not exceeding one hundred pounds weight for each; for transporting the whole distance any trunk, box, bale, basket or package, not being the baggage, or part No other of the baggage of a passenger, and not exceeding one hundred company or pounds weight, twelve and a half cents; and it shall not be lawful person to use for any other company, or any person or persons whatsoever, to without li travel upon or use any part of the said rail-road, or to transport conse. the rail-road New Castle Castle and united. be called, when. Notice of persons or property of any description thereon, without the license or permission of the said directors. SEC. 3. And be it further enacted, That the president and manaTurnpike Co. gers of the New Castle Turnpike Company, or a majority of them, and New and the president and managers of the New Castle and FrenchFrenchtown town Turnpike Company, or a majority of them be, and they are Turnpike Co. hereby authorised and required, at any time after the increased > may be stock of each of the said companies shall have been subscribed, and five dollars paid on each share thereof, to call a meeting of the Meeting may stockholders of the New Castle Turnpike and Rail-road Company, and of the New Castle and Frenchtown Turnpike and Rail-road Company; first giving at least three weeks notice of the time, place and object of such meeting in one newspaper published in the city of such meeting Philadelphia, one in the city of Baltimore, one in Caecil county, in the State of Maryland, and one in the State of Delaware; and at the said meeting the holders of the major part in amount of the stock of each of the said turnpike and rail-road companies, attending in person or by proxy, shall be competent to decide whether or not the said turnpike and rail-road companies shall be united, and together form one body politic and corporate upon such terms and stipulations as by them shall be deemed proper and expedient; and if at such meeting it be decided that the said turnpike and rail-road companies shall be united, and together form one body politic and corporate, it shall be so certified in writing to the recorder of deeds for New Castle county, who is hereby required to record the same: and thereupon and immediately thenceforth, the said New Castle Turnpike and Rail-road Company, and the said New Castle and Frenchtown Turnpike and Rail-road Company shall be, and are hereby created one body politic and corporate, in fact and in law, by the name, style and title of "The New Castle and Frenchtown Turnpike and Rail-road Company;" and by and under that corporate name, the holders of the stock of the said turnpike and railroad companies, so united as aforesaid shall hold, possess and enthe company. joy, all the property, rights and privileges, and exercise all the powers, granted to and vested in the said turnpike and rail-road companies, or either of them, by this or any other law or laws of this State. New corpo rate name. Rights and powers of Repeal of 96, 11 of ch. 158-7 v. 323-5. 10. SEC. 4. And be it further enacted, That the sixth and eleventh sections of the act to which this is a supplement, and so much of the tenth section of the said act whereby "the State reserves the Part of sec. right to alter or abolish said charter at any time after the period of twenty years from the completion of said road, on providing that such compensation shall be made to the stockholders as the Legislature shall deem reasonable;" and all such parts of the said act as by this act are altered or supplied, shall be and the same are hereby repealed, made null and void. This act and SEC. 5. And be it further enacted, That this act and the act to ch. 58, 7 v. which this is a supplement (except such parts thereof as are hereby to be in force repealed, altered or supplied) shall be, and are hereby declared to 319, declared be in full force and effect, in the same manner, and to all intents in the same and purposes, as if the Legislature of Maryland had passed a law manner as if the Maryland similar in all its provisions to this and the act to which this is a Legislature supplement, and all things heretofore done under the said act, are had passed a hereby declared to be valid and effectual. like law. SEC. 6. And be it enacted, That the State hereby reserves the Reservation right to alter or abolish said charter at any time after the period of the right to alter this of thirty years from the completion of said road, on providing that charter, such compensation shall be made to the stockholders as the Legislature shall deem reasonable. Passed at Dover, Jan. 16, 1830, CHAPTER VII. A SUPPLEMENT to the act entitled "An ect to authorise the New Castle Turnpike Company to make a rail-road from the town of New Castle to the place called Clark's Corner," Whereas, it appears to this Legislature that certain provisions contained in the act to which this is a supplement, have prevented the said company from receiving subscriptions for the increase of their capital stock, sufficient to accomplish the liberal and beneficial purposes intended by the said act: [7 vol 313.J Preamble, o the rail SEC. 1. Be it therefore enacted by the Senate and House of Repre- Power of the sentatives of the State of Delaware in General Assembly met. That company in the directors of the New Castle Turnpike and Rail-road Company, the location in locating and constructing the rail-road authorised by the act to road. which this is a supplement, shall be, and are hereby vested with full power to commence the said rail-road, at any point on the river Delaware within the town of New Castle, and thence extend the same up and along Delaware street, or any other street or streets, or ground, within the said town, as the more beneficial and convenient construction of the said rail-road may require, SEC. 2. And be it further enacted, That the said New Castle Width of the Turnpike and Rail-road Company, shall not be required to keep turnpike open and in good repair, more than twenty feet in breadth of the road. turnpike road from New Castle to Clark's corner. SEC. 3. And be it further enacted, That the said directors may Powers of the procure and use on any rail-road, which shall be constructed by company in them in virtue of the act to which this is a supplement, all machines, procuring wagons, carriages and other vehicles, which they may deem deem proper or necessary, for the purposes of transportation on the said road; and they shall have power to charge and receive as tolls for using Tolls. machines, wagons, &c, the said road, not exceeding three cents per ton, per mile; for the transportation of passengers, not more than five cents per mile, including customary baggage, not exceeding one hundred pounds weight for each: for transporting the whole distance any trunk, box, bale, basket or package, not being the baggage, or part of the baggage, of a passenger, and not exceeding one hundred pounds company or weight, twelve and a half cents; and it shall not be lawful for any other company or any person or persons whatsoever, to travel upon or use any part of the said rail-road, or to transport persons or property of any description thereon, without the license or permission of the said directors. No other person to use rail-road without li cense. New Castle Castle and united. Meeting to be called, when. Notice thereof. SEC. 4. And be it further enacted, That the president and manaTurnpike Co. gers of the New Castle Turnpike Company, or a majority of them, and New and the president and managers of the New Castle and Frenchtown Frenchtown Turnpike Company, or a majority of them, be, and they are hereby Turnpike Co. authorised and required, at any time after the increased stock of may be each of the said companies shall have been subscribed, and five dollars paid on each share thereof, to call a meeting of the stockholders of the New Castle Turnpike and Rail-road Company, and of the New Castle and Frenchtown Turnpike and Rail-road Company, first giving at least three weeks notice of the time, place and object of such meeting, in one newspaper published in the city of Philadelphia, one in the city of Baltimore, one in Cæcil county, in the State of Maryland, and one in the State of Delaware; and at the said meeting, the holders of the major part in amount of the stock of each of the said turnpike and rail-road companies attending in person or by proxy, shall be competent to decide whether or not the said turnpike and rail-road companies shall be united, and together form one body politic and corporate upon such terms and stipulations as by them shall be deemed proper and expedient; and if at such meeting it be decided that the said turnpike and rail-road companies shall be united, and together form one body politic and corporate, it shall be so certified in writing to the recorder of deeds for New Castle county, who is hereby required to record the same: and thereupon and immediately thenceforth, the said New Castle Turnpike and Rail-road Company, and the said New Castle and Frenchtown Turnpike and Rail-road Company shall be, and are hereby created one body politic and corporate, in fact and in law, by the name, style and title of "The New Castle and Frenchtown Turnpike and Rail-road Company;" and by and under that corporate name, the holders of the stock of the said turnpike and railroad companies, so united as aforesaid shall hold, possess and enjoy, the company. all the property, rights and privileges, and exercise all the powers, granted to and vested in the said turnpike and rail-road companies, or either of them, by this or any other law or laws of this State. SEC. 5. And be it enacted, That the State hereby reserves [the] of the right right to alter or abolish said charter at any time after the period of to alter, &c., thirty years from the completion of said road; providing that such this charter. compensation shall be made to the stockholders as the Legislature shall deem reasonable. New corpo rate name. Rights and powers of Reservation sec. 6, 9 and SEC. 6. And be it further enacted, That the sixth, ninth and Repeal of eleventh sections of the act to which this is a supplement, and so 11 of ch. 47, much of the said act as by this act is altered or supplied, be and 7 v. 317, 318. the same are hereby repealed, made null and void. Passed at Dover, Jan. 16, 1830. CHAPTER VIII. AN ACT to incorporate "The Union Line Transportation and SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That John Jan- Company in vier, Thomas Janvier, Bankson Taylor, James Lefever, Matthew corporated. C. Jenkins, William Whilden, Joseph Smith, Jonathan Smith, William Peterson, David Hill and William J. Watson, and all and every of the persons who shall at the time of the passing of this act be members or partners of the association called and known by the name of "The Union Line Transportation and Steamboat Company," and the persons who shall hereafter become members, according to the provisions hereinafter contained, shall be, and they are hereby created and declared to be a body corporate and politic, by the name of "The Union Line Transportation and Steamboat Name. Company," and they and their successors by the name of "The Union Line Transportation and Steamboat Company," shall and may have continual succession during the term of twenty-one years from and after the passing of this act, and shall be able to sue and Powers.. be sued, implead and be impleaded, in all courts of record or elsewhere, and to purchase, receive, have, hold and enjoy to them and their successors, lands, tenements and hereditaments, goods and chattels, of what nature or kind soever, real, personal or mixed, and choses in action, and the same from time to time, to sell, grant, alien, demise, mortgage, pledge or dispose of, and also to make and have a common seal, and the same to alter and renew at pleasure; and also to ordain, establish aud put in execution, such by-laws, ordinauces and regulations, as shall appear necessary and convenient for the government of the said corporation, not being contrary to the laws and constitution of this State, or of the United States, and generally to do all and singular, the matters and things which to them it shall lawfully appertain to do, for the well being of the said corporation, and the due management and ordering of the affairs thereof: Provided, that the powers, privileges, rights and fran- Proviso chises herein and hereby granted, are upon the express condition that the Legislature of this State shall at all times hereafter, have the power to revoke, repeal, alter, amend and modify the same, as to the said Legislature shall seem expedient or proper. |