ACTS OF INCORPORATION OF THE NEWCASTLE AND FRENCHTOWN TURNPIKE AND RAID ROAD COMPANY. OFFICE OF THE NEWCASTLE & FRENCH-) TOWN TURNPIKE to RAIL ROAD CO., > Newcastle, March 13, 1852. ) OTICE IS HEREBY GIVEN, That a meeting of the Stockholders of this Company will be held at the house of Mrs Wasson, in the city of Wilmington, on TUESDAY) the 13th day of April next, at 11 o'clock, A. M , for the purpose of taking into consideration the pro¬ priety of accepting an act recently passed by the Legisla¬ ture of the State of Delaware. By order, mh 13 S. M. COUPER, Sec'y. ACTS OF INCORPORATION OF THE NEW CASTLE AND FREN CUTOWN < t toeeœpseeii <êl m,® jud tomwamw, PASSED BY THE législatures of Maryland and Delaware. ALSO, THE ARTICEES OF UNION BETWEEN THE TURNPIKE AND RAIL ROAD COMPANIES. Pïjilaîrelpljta: PRINTED BY JOHN C. CLARK, 60 DOCK STREET. 1837. INTRODUCTORY REMARKS. Prior to the construction of the present rail road from New Castle to Frenchtown, a turnpike road had been made between those places, by two turn¬ pike companies, incorporated by the Legislatures of Delaware and Maryland; one called the New Castle Turnpike Company, the other the New Castle and Frenchtown Turnpike Company. By the former, the turnpike road was made to a place known by the name of "Clark's Corner:" by the latter, from Clark's Corner to Frenchtown. Upon the application of these turnpike companies to the Legislatures of Ma¬ ryland and Delaware, they were authorized to con¬ struct a rail road from New Castle to Frenchtown. For that purpose, additional powers wrere given, and their corporate names changed; the former, to the New Castle Turnpike and Rail Road Company; the latter, to the New Castle and Frenchtown Turn¬ pike and Rail Road Company. By subsequent legis¬ lative enactments, the two companies became united under certain terms and stipulations, called, in this publication, articles of union, and formed one body corporate, by the title of "The New Castle and Frenchtown Turnpike and Rail Road Company," being the present incorporated company now exist- 4 ing under that name. In publishing the several laws respecting the Company, the old turnpike acts are omitted. Their provisions having no material appli¬ cation to the rail road, nor imparting any informa¬ tion, useful or necessary, to the directors or stock¬ holders, and the company having long since surren¬ dered the turnpike road to the free use of the public, and abandoned the right to take toll, would make the insertion of those acts a useless incumbrance. Some sections and parts of sections of the laws now published, have been repealed. Where this is the case, the part or section repealed is printed in italics. ACTS OF INCORPORATION, t$'C. AN ACT, To authorize the New Castle and Frenchtown Turnpike Company to make a Rail Road from Frenchtown, on Elk River, to the Delaware line, in a direction towards New Castle. Section 1. Be it enacted by the General Assembly of Mary- land, That the president and managers of the company incorporated by the name, style, and title, of The President, Managers and Com¬ pany, of the New Castle and Frenchtown Turnpike Company, or a majority of them, be and they are hereby authorized and required to call a meeting of the stockholders of the said company, at such time and place as they may deem convenient, after giving at least three weeks1 notice of such time and place, and the object of the meeting, in one newspaper published in Cecil county, one in the city of Baltimore, and one in the state of Delaware ; at which meeting the holders of the major part in amount of the stock of the said company, attending in person, or by proxy, shall be competent to decide whether or not the capital stock of the said company shall be increased for the pur¬ pose of locating and constructing a rail road from Frenchtown towards New Castle, in the manner and on the terms authorized and provided by this act; and if at such meeting it shall be decided to increase the stock for the purpose aforesaid, the said president and managers shall provide for opening a book to receive subscriptions for such increase to the capital stock of the said company, in shares of twenty-five dol¬ lars each, at such time and place, and on such notice and terms of payment as a majority of the said president and managers shall deem proper; and the said book shall be continued open until so many shares shall be subscribed, as shall amount to two hundred thousand Passed De¬ cember ses¬ sion, 1827. Meeting of stockholders to be called. To decide whether ca¬ pital stock shall be in¬ creased. Book to be kept open, &c. G Corporate name changed. New name. dollars, or such smaller sum as shall be sufficient to complete the road hereby authorized ; and on such amount being subscribed, the said president and managers may proceed to require and enforce the payment of the stock so subscribed, agreeably to the terms of sub¬ scription, in the manner authorized by their act of incorporation, passed at November session, eighteen hundred and nine, chapter sixty-four; and after the payment of five dollars per share on the stock so subscribed, each subscriber shall be entitled to the rights and privileges of a stockholder of the said company, and to vote at elec¬ tions, and other meetings of the stockholders, on complying, from time to time, with the terms of payment as required by the president and managers. Sect. 2. And be it enacted, That when the said amount of in¬ creased stock shall be subscribed, and five dollars per share paid thereon, as above provided, the corporate name of the said company, shall be and the same is hereby changed and altered to " The New Castle and Frenchtown Turnpike and Rail Road Company," and by that new corporated name, the holders as well of the original as the increased stock, are hereby incorporated, and shall possess all the rights and privileges of a corporation, and be entitled to all the pro¬ perty, rights and privileges, and to exercise all the powers granted to and vested in the president, managers and company, and corporation herein first abovementioned, by the charter aforesaid, or by any other law of this state, and all powers granted by this act, and the said corporation by the said new name, shall be seized and possessed of, and entitled to, all the property, effects and claims of the first afore¬ said corporation, and may hold or dispose thereof, and may sue and be sued, and may make and use a corporate or common seal, and the same may break or alter, and renew, and do all other acts which cor¬ porate bodies may lawfully do, and shall be answerable and bound for all existing contracts and claims whatsoever, in the same manner as if the said corporate name had not been changed. Sect. 3. And be it enacted, That the said president and mana¬ gers within thirty days after the increased stock shall be subscribed, and five dollars paid on each share thereof, shall appoint a day and a place, of which three weeks1 notice shall be given as aforesaid, for the stockholders in the said New Castle and Frenchtown Turnpike and to be chosen. Rail Road Company to meet, for the purpose of choosing seven of the stockholders as directors, to manage the affairs of the said company; of which election the said president and managers, or any three or two of them, shall be judges, and at such election and all future elections by, and meetings of, the said stockholders in said company, each Directors, 7 share of stock shall entitle the holder to one vote: Provided, however, Votes limit- • cd» that no person shall have more than twenty-five votes at any election, or in determining any question arising at such or any other meeting, whatever number of shares such person may be entitled to. And the directors elected at such meeting, and their successors, to be elected annually by the stockholders as aforesaid, or a majority of them, shall have power and they are hereby authorized to elect a president, who Powers of may, or may not be a stockholder, and appoint and employ all such ^irector8, other officers, agents, servants, labourers and other persons, as they shall deem necessary in the exercise of the powers and performance of the duties hereby vested in and required of them, and fix the salary, or other compensation to be paid or allowed to every person so elected, appointed or employed, and in their discretion to remove or dismiss all or any of the said persons ; to make all contracts and agreements necessary for the performance of any work, or purchase of any article which they deem advisable; to fix the time and place, and direct notice of the annual election of directors, and other meetings of the stockholders, and the same from time to time to change ; to appoint judges of all elections; to fill up all vacancies which shall occur in their own body ; and to pass all such by-laws as shall be necessary for the full and beneficial exercise of all the powers which are or shall be vested in them; and such by-laws, from time to time, to alter and repeal ; provided that such by-laws shall not be contrary to the laws of this state or of the United States. Sect. 4. And be it enacted, That the directors aforesaid, when Location of elected, shall be vested with full power to locate and construct a rail road from Frenchtown aforesaid, to the line of this state, in a direc¬ tion towards New Castle, with as many tracks as they shall think ne¬ cessary, either on the bed of the turnpike road authorized to be laid out by the original charter abovementioned, or varying therefrom in whole or in part, as the more beneficial and convenient construction of the said rail road may require; and whenever it shall be necessary to locate any part of the said rail road, over or on any other ground than the said bed of the turnpike road, the said directors may either obtain the right to make such location by contract with the owner of such ground, or in the manner authorized by the original charter hereinbefore referred to ; and in locating and constructing the said rail road, and preserving, repairing and protecting the same from in¬ jury, the said directors shall be entitled to exercise all the powers and authority vested by the aforesaid act of incorporation, passed at No¬ vember session, in the year eighteen hundred and nine, chapter sixty- four, and by the act of December session, eighteen hundred and fif- rail road. $ teen, chapter nine, in the president, managers and company, in the said acts mentioned, so far as they are not inconsistent with the pro¬ visions of this act. Turnpike Sect. 5. And be it enacted, That it shall be the duty of the said wide'to be*361 New Castle and Frenchtown Turnpike and Rail Road Company, to kept open, keep open and in good repair, at least twenty feet in breadth of the turnpike road aforesaid, from Frenchtown to New Castle, subject to the same penalties for neglect, and entitled to the same tolls prescribed and allowed by the acts of assembly hereinbefore mentioned. And wherever, in the construction of the rail road authorized by this act, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the directors of the said company so to con¬ struct the said rail road across such established road or way, as not to impede the passage or transportation of persons or property along the same; or where it shall be necessary to pass through the land of any individual, it shall also be the duty of the said directors Wagon ways to provide for such individual proper wagon ways across said rail decT Pr0Vl~ road; and if any road shall be hereafter authorized by the legislature or courts of this state, the direction of which shall lead across the rail road hereby authorized, it shall be the duty of the company in this act mentioned, so to construct or alter that part of the rail road as shall permit the passage of any road hereafter to be allowed by the legislature, or courts of this state, at the expense of the county or person opening the same. Sect. 6. And be it enacted, That the said directors may procure and use on any rail road which shall be constructed by them in virtue of this act, all machines, wagons, carriages and other vehicles, which they may deem proper or necessary, for the purposes of transportation on said road ; and they shall have power to charge and receive as Rates of tolls for using the said road, not exceeding three cents per ton per tolls. mile, for the transportation of passengers, not more than twenty-five cents each for the whole distance, 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 exceed¬ ing one hundred pounds weight, twelve and an 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. Stock per- Sect. 7. And be it enacted, That the shares of the capital stock sonal proper- t^e saj¿ con)pany, both original and increased, shall be deemed 9 and considered personal estate, and the directors shall semi-annually divide the profits derived from both the turnpike and rail road, (ex- Dividends, cept what they may deem necessary to reserve for repairs,) among all the stockholders in proportion to the amount of stock held by them respectively ; and they shall cause a notice of such dividend to be published in one newspaper in Baltimore city, and one in Elkton, and one in Wilmington, in Delaware, and shall annually report the same to the legislatures of Maryland and Delaware. Sect. 8. And be it enacted, That unless said rail road is com- Repealed. Sgg sect 2 menced within two years f rom the passage of this act, and finished 0f Supple- witliin five years thereafter, this act and all the rights and privi- ™ent of 7 • , . . 7 7 77 7 7 7 March, 1829. leges which, it confers on said company shall cease and be utterly void. Sect. 9. And be it. enacted, That this act shall not talce effect, Repealed. until the legislature of Delaware pass an act similar in all its pro- of Supple? visions to the aforesaid act. ment of Sect. 10. And be it enacted, That the state hereby reserves the Repealed by right to alter or abolish said charter at any time after the period Supplement 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. A SUPPLEMENT To the Act entitled " An Act to authorize the New Castle and Passed Frenchtown Turnpike Company to make a Rail Road from Frenchtown, on Elk River, to the Delaware line, in a direction towards New Castle." Passed at December session, 1827. Chap¬ ter 207. WHEREAS by the ninth section of the act to which this is a Preamble, supplement, it is provided that the said act shall not take effect until the legislature of Delaware pass an act similar in all its provisions to the aforesaid act ; and whereas the legislature of Delaware, at their last session did pass an act relating to the said subject, which is simi¬ lar in some of its provisions, but materially dliferent in others, which it is not deemed proper by the legislature of Maryland to require the company incorporated by the act to which this is a supplement to conform to. Therefore B 10 Act of 1827 Section 1. Be it enacted by the General Assembly of Mary* operation as 'an^' That the persons mentioned in the first section of the act to fully as if the which this is a supplement, may proceed to call the meeting of stock- legislature of , .. . ... Delaware holders, open books, receive subscriptions, and they and the stock- had passed a holders, and other persons mentioned in the said act, may proceed to Bim ilar act put the same into full operation, so far as relates to the state of Mary¬ land, in the manner authorized by the said act, as fully to all intents' and purposes, as if the legislature of Delaware had passed an act similar in all its provisions to the said act. Provided, That the rail road authorized to be laid out and constructed by the said act, shall be commenced within two years after the passage of this act, and completed as far as the line of this state within five years thereafter. Sect. 2. And be it enacted, That the eighth and ninth sections of the act to which this is a supplement be and the same are hereby repealed. A SUPPLEMENT Passed Feb. 8,1830. Preamble. Repeal of 10th sect. Time ex¬ tended for commencing rail road. To an Act entitled " An Act to authorize the New Castle and French-town Turnpike Company to make a Rail Road from Frenchtown, on Elk River, to the Delaware line, in a direction towards New Castle. WHEREAS it appears to this legislature, that the provisions of the act to which this is a supplement, have prevented the said com¬ pany from receiving subscriptions for the increase of their capital stock, so as to enable them to accomplish the purposes for which the said act was intended; and whereas, it has been the uniform policy of this state to grant charters to all companies, for the public benefit and the internal improvement of the state, without limitation as to the time of their duration : Therefore, Be it enacted by the General Assembly of the State of Marylandy That the tenth section of the act to which this is a supplement, ber and the same is hereby repealed. And be it enacted, That the time limited, in the charter of the said company, for the commencement of the said road, be extended to the first day of March, eighteen hundred and thirty-one. 11 AN ACT To authorize the New Castle and Frenchtoxcn Turnpike Company, Passed Feb. • 7 18°9 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 the General Assembly of Maryland, by an act Preamble, passed the day of December, in the year of our Lord one thou¬ sand eight hundred and twenty-seven, entitled, " An Act to authorize the New Castle and Frenchtown Turnpike Company to make a rail road from Frenchtown, on Elk River, to the Delaware line, in a di¬ rection towards New Castle," did, by the ninth section of the same act, enact, that the same act should not take place until the legislature of Delaware pass an act similar in all its provisions to the aforesaid act. And, whereas, it is expedient that this general assembly enact a law similar in its provisions with the said act of the General Assem¬ bly of Maryland, to make a rail road from the said place, called Clark's Corner, to the Maryland line, where it is intersected by the said turnpike road. Section 1. Be it enacted by the Senate and House of Represen- Meeting of tatives of the State of Delaware, in general assembly met, That the to°£e called3 president and managers of the company incorporated by the name, style, and title of the President, Managers, and Company of the New Castle and Frenchtown Turnpike Company, or a majority of them, be, and they are hereby authorized and required to call a meeting of the stockholders of the said company, at such time and place as they may deem convenient, after giving at least three weeks' notice of such time and place, and the object of the meeting, in one newspaper pub¬ lished in Cecil county, state of Maryland; one in the city of Balti¬ more, and one in the state of Delaware ; at which meeting, the holders of the major part in amount of the stock of the said company, attend¬ ing in person or by proxy, shall be competent to decide whether or to decide, not the capital stock of the said company shall be increased, for the v purpose of locating and constructing a rail road from the said place called Clark's Corner, towards Frenchtown, to the Maryland line, where it is intersected by the said turnpike road, in the manner and 12 Books to be opened, when. Corporate name changed. New name. Reincorpo¬ rated. on the terms provided by this act ; and if at such meeting it shall be decided to increase the stock for the purpose aforesaid, the said presi¬ dent and managers shall provide for opening a book to receive sub¬ scriptions for such increase to the capital stock of the said company, in shares of twenty-five dollars each, at such time and place, and on such notice and terms of payment as a majority of the said president and managers shall deem proper; and the said book shall be con¬ tinued open until so many shares shall be subscribed as shall amount to two hundred thousand dollars, or such smaller sum as shall be suf¬ ficient to complete the road hereby authorized; and on such amount being subscribed, the said president and managers may proceed to re¬ quire and enforce the payment of the stock so subscribed, agreeably to the terms of subscription, in the manner authorized by the original act of incorporation, passed at Dover, the twenty-fourth day of Janu¬ ary, in the year of our Lord, one thousand eight hundred and nine, the seventh section whereof is hereby revived and re-enacted, and made a part of this act for that purpose, and after the payment of five dollars per share on the stock so subscribed, each subscriber shall be entitled to the rights and privileges of a stockholder of the said com¬ pany, and to vote at elections and other meetings of the stockholders on complying from time to time with the terms of payment, as re¬ quired by the president an'd managers. Sect. 2. And be it enacted, That when the said amount of in¬ creased stock shall be subscribed, and five dollars per share paid thereon as above provided, the corporate name of the said company shall be, and the same is hereby changed and altered to " The New Castle and Frenchtown Turnpike and Rail Road Company," and by that new corporate name the holders of the original as well as the in¬ creased stock are hereby incorporated, and shall possess all the rights and privileges of a corporation, and he entitled to all the property, rights and privileges, and to exercise all the powers granted to and vested in the president, managers and company and corporation here¬ in first abovementioned by the charter aforesaid, or by any other law of this state, and all powers granted by this act; and the said corpo¬ ration by the said new name shall he seised and possessed of and entitled to all the property, effects and claims of the first aforesaid corporation, and may hold and dispose thereof, and may sue and be sued, and may make and use a corporate or common seal and the same may break or alter and renew, and do all other acts which cor¬ porate bodies may lawfully do, and shall be answerable and hound for all existing contracts and claims whatsoever, in the same manner as if the said corporate name had not been changed. 13 Sect. 3. And be it enacted, That the said president and mana- Directors— gers within thirty days after the increased stock shall he subscribed, chosen, and five dollars paid on each share thereof, shall appoint a day and place, of which three weeks notice shall be given as aforesaid, for the stockholders in the said New Castle and Frenchtown Turnpike and Rail Road Company, to meet for the purpose of choosing seven of the stockholders as directors to manage the affairs of said company, of which election the said president and managers or any three or two of them shall be judges, and at such election, and at all future elec¬ tions by, and meetings of the said stockholders in said company, each share of stock shall entitle the holder to one vote: Provided, however, that no person shall have more than twenty-five votes at any election or in determining any question arising at such or any other meeting, whatever number of shares such person may be entitled to. And the directors elected at such meeting, and their successors to be elected annually by the stockholders as aforesaid, or a majority of them, shall Powers of. have power, and they are hereby authorized to elect a president who may or may not be a stockholder, and appoint and employ all such other officers, agents, servants, labourers and other persons, as they shall deem necessary in the exercise of the powers and performance of the duties hereby vested in and required of them, and fix the salary or other compensation to be paid or allowed to every person so elected, appointed or employed, and in their discretion, to remove or dismiss, all or any of the said persons ; to make all contracts and agreements, necessary for the performance of any work, or purchase of any article which they deem advisable; to fix the time and place, and direct notice of the annual election of directors, and other meetings of the stock¬ holders, and the same from time to time to change; to appoint judges of all elections ; to fill up all vacancies which shall occur in their own body; and to pass such by-laws as shall be necessary for the full and beneficial exercise of all the powers which are or shall be vested in them, and such by-laws from time to time to alter and repeal : Provided, that such by-laws shall not be contrary to the laws of this state or of the United States. Sect. 4. And be it enacted, That the directors aforesaid, when elected, shall be vested with full power to locate and construct a rail Rail road, lo- road from the place called Clark's Corner aforesaid, towards French- catl0n of" town, to the Maryland line, where it is intersected by the said turnpike road, with as many tracks as they shall think necessary, either on the bed of the turnpike road authorized to be laid out by the original charter abovementioned, or varying therefrom in whole or in part, as the more beneficial and convenient construction of the said rail road 14 Reduced to 20 feet. See sect. 1 of Supplement of1830. Crossing other roads, to be so con¬ structed as not to im¬ pede pas¬ sage, &c. along the same. Repealed and supplied. See sect. 2 and 4 of Sup¬ plement of 1830, may require; and whenever it shall be necessary to locate any part of said rail road over or on any other ground than the bed of the said turnpike road, the said directors may either obtain the right to make such location by contract with the owner of such ground, or in the manner authorized by the existing acts of the incorporation of the said turnpike company; and in locating and constructing the said rail road, and preserving, repairing, and protecting the same from injury, the said directors shall be entitled to exercise all the powers and authority vested by the aforesaid acts of incorporation in the presi¬ dent, managers, and company in the said acts mentioned, so tar as they are not inconsistent with the provisions of this act. Sect. 5. And be, it enacted, That it shall be the duty of the said New Castle and Frenchtown Turnpike and Rail Road Company, to keep open, and in good repair, at least thirty feet in breadth of the turnpike road aforesaid, from Clark's Corner to Frenchtown, subject to the same penalties for neglect, and entitled to the same tolls pre¬ scribed and allowed by the acts of assembly hereinbefore mentioned. And wherever, in the construction of the rail road authorized by this act, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the directors of the said company so to construct the said rail road across such established road or way as not to impede the passage or transportation of persons or property along the same ; or where it shall be necessary to pass through the land of any individual, it shall also be the duty of the said directors, to provide for such individual, proper wagon ways across said rail road ; and if any road shall be hereafter authorized by the legislature or courts of this state, the direction of which shall lead across the rail road hereby authorized, it shall be the duty of the company in this act mentioned, so to construct or alter that part of the rail road, as shall permit the passage of any road hereafter to be allowed by the legislature or courts of this state, at the expense of the county or person opening the same. Sect. 6. And be it enacted, That the said directors may pro' cure and use on any rail road which shall be constructed by them in virtue of this act, all machines, wagons, carriages and other ve¬ hicles, which they may deem proper, or necessary for the purposes of transportation on said road ; and they shall have power to charge and receive as tolls for using the said road, not exceeding three cents per ton, per mile, for the transportation of passengers, not more than twenty-five cents each, for the whole distance, including customary baggage, not exceeding one hundred pounds weight for each; for transporting the whole distance any trunk, box, bale, 15 basket or package, not being the baggage or part of the baggage cf a passenger, and not exceeding one hundred pounds weight, twelve and a half cents ; and it shall not be lawfxd for any other com¬ pany, 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 payment of the tolls by this section required, and using appropriate and suitable carriages for travelling and passing on said rail road : Provided, hoivever, and be it enacted, that, this section shall not be so construed as to prevent all or any persons or companies from making or procuring all ma¬ chines, wagons, carriages and other vehicles, proper or necessary for the purposes of transportation on said rail road. Sect. 7. And be it enacted, That it shall and may be lawful for Other rail any other turnpike and rail road company or companies, or either, jo^ed^with6 to form junctions of their said road or roads, at any part or parts of this, the said road, with the same road. Sect. 8. And be it enacted, That the shares of the capital stock Stock, per- of the said company, both original and increased, shall be deemed ®°nal ProPer* and considered personal estate, and the directors shall semi-annually divide the profits derived from both the turnpike and rail road, except what they may deem necessary to reserve for repairs, among all the stockholders, in proportion to the amount of stock held by them re¬ spectively, and they shall cause a notice of such dividend to be pub- Dividends to lished in one newspaper in Wilmington, one in Baltimore, and one in and reported' Elkton, Maryland, and shall annually report the same to the legisla- to the legis- tures of Delaware and Maryland. lature. Sect. 9. And be it enacted, That unless said rail road is com- Limitation of menced within two years from the passage of this act, and finished this act- within five years thereafter, this act and all the rights and privileges which it confers upon said company, shall cease and be utterly void. Sect. 10. And be it enacted, That the state hereby reserves the See sect. 4 right to alter or abolish said charter at any time after the period |Xnfent of**" of twenty years from the completion of said road, on providing 1830. that such compensation shall be made to the stockholders as the le¬ gislature shall deem reasonable: Provided always, nevertheless, and be it enacted, that unless the said turnpike company, and the com¬ pany to be incorporated by virtue of this act, and the said act of the legislature of the state of Maryland, shall and do within said term of two years, lay out, make, continue and extend the said turnpike road, and the said rail road, so as aforesaid authorized to be constructed and made, in a direct course or route, or as nearly so as the existing improvements and nature of the ground will admit, to low water 16 * Repealed. See sect. 4 Supplement of 1830. Supplied by sect. 5 of Supplement of 1830. mark of Elk river, in the state of Maryland, and erect or cause to be erected, a commodious and sufficient wharf and public landing, at deep water in the said Elk river, to be connected with the said- turn¬ pike road, and the said rail road, that then, and in such case of failure to comply herewith, this act shall be, and hereby is declared to be, void and of no effect. Sect. 11. And, be it enacted, That the state hereby reserves the power of levying such tax as may be expedient, upon so much of the capital stock of the said company, as may be actually paid in, not exceeding one-half of one per centum per annum. Sect. 12. And be it enacted, That this act shall not take effect until the legislature of Maryland pass an act, similar in all its provisions to this act ; or until said legislature shall, by necessary enactments, make an act entitled, " An Act to authorize the New Castle and Frenchtoum Turnpike Company to make a rail road from Frenchtown, on Elk River, to the Delaware line, in a direc¬ tion towards New Castle," passed by that legislature, December session, 1827, to conform in all its provisions to this act. A SUPPLEMENT Passed Jan. 16,1830. Preamble. Not required to keep open more than 20 feet in breadth of turnpike. To the Act entitled " An Act to authorize the New Castle and Frenchtown Turnpike Company, heretofore incorporated by the name of the President, Managers, and Company of the New Cas¬ tle 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 Nexo 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 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 pur¬ poses intended by the said act : Sect. 1. Be it therefore enacted by the Senate and House of Re¬ presentatives of the State of Delaware, in general assembly met, That the New Castle and Frenchtown Turnpike and Rail Road Com¬ 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. 17 Sect. 2. And be it further enacted, That the directors of the Powers of said New Castle and Freuchtown Turnpike and Rail Road Company directors- may procure and use on any rail road which shall, be constructed by them in virtue of the act to which this is a supplement, all machines, 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 using the For tolls, see said road not exceeding three cents per ton per mile; for the trans• onS33 °^aCt portation of passengers not more than five cails 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 weight, twelve and one-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. Sect. 3. And be it further enacted, That the president and ma¬ nagers of the New Castle Turnpike Company, or a majority of them, and the president and managers" of the New Castle and Frenchtown Turnpike Company, or a majority of them, be, and they are hereby authorized and required at any time after the increased 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 stockholders of the New Castle Turnpike and Rail Road Company, and of the New Castle and Frenchtown Turnpike and Rail Road Company, first giv¬ ing 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, and one in Cecil county, in the state of Maryland, and one in the state of Delaware ; and at the said meet- p0wer to inar, the holders of the major part in amount of the stock of each of stockholders ° J 1 to unite the the said turnpike and rad road companies, attending in person or by turnpike and proxy, shall be competent to decide, whether or not the said turnpike rai1 roa, 1830. eleven, beginning at the intersection of Delaware and Union streets Present loca- in the said town, and thence extending as far as the intersection of jq^hed^" the same road with the Wilmington Bridge Road, at Clark's Corner See sect. 1 of aforesaid, with as many tracks as they shall think necessary, either gjf on the bed of the turnpike road authorized to be laid out by the same charter aforesaid, or varying therefrom, in whole or in part, as the more beneficial and convenient construction of the said rail road may require. And whenever it shall be necessary to locate any part of Ground for the said rail road, over or on any other ground than the said bed of obtaíñ"- the turnpike road aforesaid, the said directors may either obtain the ed. right to make such location by contract with the owner of such ground, or in the manner authorized by the charter, hereinbefore re¬ ferred to; and in locating and constructing the said rail road, and pre¬ serving, repairing, and protecting the same from injury, the said di¬ rectors shall be entitled to exercise all the powers and authority vest¬ ed by the aforesaid act of incorporation, passed the same day and year aforesaid, chapter one hundred and fifty-one, in the president, managers, and company in the same act mentioned, so far as they are not inconsistent with the provisions of this act. Sect. 5. And be it enacted, That it shall be the duty of the said Reduced to New Castle Turnpike and Rail Road Company, to keep open and in 2 good repair, at least thirty feet in breadth, of the turnpike road afore- of Supple- said, from New Castle to Clark's Corner, subject to the same penal- Yenlhy for ties for neglect, and entitled to the same tolls prescribed and allowed neglect, by the act of assembly hereinbefore mentioned ; and whenever, in the construction of the rail road authorized by this act, it shall be neces¬ sary to cross or intersect any established road or way, it shall be the Not to ob- duty of the directors of the company aforesaid, so to construct the said rail road across such established road or way, as not to impede the lie- passage or transportation of persons or property along the same ; or where it shall be necessary to pass through the land of any individual, or private. 22 Repealed & supplied. See sect. 3 and 6 of Sup¬ plement. Stock, per¬ sonal estate. Dividends. Notice there¬ of. To be report¬ ed to the le¬ gislature. it shall also be the duty of the said directors to provide for such in¬ dividual proper wagon-ways across the said rail road; and if any road shall be hereafter authorized by the legislature or courts of this state, the direction of which shall lead across the rail road hereby au¬ thorized, it shall be the duty of the company in this act mentioned, so to construct or alter that part of the rail road as shall permit the passage of any road hereafter to be allowed by the legislature or courts of this state, at the expense of the person or county opening the same. Sect. 6. And be it enacted, That the said directors may pro¬ cure and use. on any rail road which shall be constructed by them in virtue of this act, all machines, wagons, carriages, and other vehicles, which they deem proper or necessary for the purpose of transportation on the said road; and they shall have power to charge and receive as tolls for using the said road, not exceeding three cents per ton per mile; for the transportation of passengers not more than one and a half 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 pas¬ senger, and not. exceeding one hundred pounds weight, twelve and a half cents; and it shall not be lawful for any other company, or any other 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 payment of the tolls by this section required, and using appropriate and suitable carriages for travel¬ ling and passing on said rail road : Provided, however, and be it enacted, That this section shall not be so construed as to prevent all or any other person or companies from making or procuring all machines, wagons, carriages, and other vehicles proper or neces¬ sary for the purpose of transportation on said rail road. Sect. 7. And be it enacted, That the shares of the capital stock of the said company, both original and increased, shall be deemed and considered personal estate, and the directors shall semi-annually divide the profits derived from both the turnpike and rail road, (ex¬ cept what they may deem necessary to reserve for the repairs,) among all the stockholders, in proportion to the amount of stock held by them respectively ; and they shall cause a notice of such dividend to be published in two newspapers in the borough of Wilmington, and one in the city of Philadelphia, and shall annually report the same to the legislature of Delaware. 23 Sect. 8. And be it enacted, That unless such rail road is com- This act is menced within two years from the passage of this act, and finished conditionaI- within five years thereafter, this act and all the rights and privileges which it confers on said company shall cease, and be utterly void. Sect. 9. And be it enacted, That the state hereby reserves the Repealed & right to alter or abolish said charter at any time after the period g" gPg^" 5 of twenty years from the completion of said road, on providing that & 6 of Sup- such compensation shall be made to the stockholders, as the legisla' Plement- ture shall deem reasonable. Sect. 10. And be it enacted, That it shall and may be lawful for Other com- any other turnpike and rail road company, or companies, or either, to form junctions of their road or roads at any part or parts of the roads to this, said road, with the same road. Sect. 11. And be it enacted, That the state hereby reserves the Repeakd.^ power of laying such tax as may be expedient, upon so much of the 0f Supple- capital stock of the said company as may be actually paid in, not nient. exceeding one-half of one per centum per annum. A SUPPLEMENT To the Act entitled "An Act to authorize the New Castle Turnpike Company to make a Rail Road from the town of New Castle to the place called Ciarle's Corner.''1 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 pur¬ poses intended by the said act : Section 1. Be it therefore enacted by the Senate and House of Commence- Representatives of the State of Delaware, in general assembly met, ^ ra^ That the directors of the New Castle Turnpike and Rail Road Com¬ pany, in locating and constructing the rail road authorized by the act to 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 upon 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. Passed Jan. 16,1830. Preamble. 24 Sect. 2. And be it further enacted, That the said New Castle Turnpike and Rail Road Company shall not be required to keep open and in good repair, more than twenty feet in breadth, of the turnpike road from New Castle to Clark's Corner. Powers of Sect. 3. And be it further enacted, That the said directors may directors. procure and use on any rail road which shall be constructed by them in virtue of the act to which this is a supplement, all machines, wa¬ gons, carriages, and other vehicles, which they may deem proper or necessary for the purposes of transportation on the said road ; and, they For tolls, see shall have poiver to charge and receive as tolls for using the said of 1833. road, not exceeding three cents per ton per mile; for the transporta¬ tion of passengers not more than five cents per mile, including cus¬ tomary baggage, not exceeding one hundred pounds weight for each ; for transporting the whole distance, any trunlc, box, bale, basket, or package, not being the baggage or part of the baggage of a passenger, and not exceeding one hundred pounds weight, twelve and an 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. Sect. 4. And be it further enacted, That the president and ma¬ nagers of the New Castle Turnpike Company, or a majority of them, and the president and managers of the New Castle and Frenchtown Turnpike Company, or a majority of them, be, and they are hereby authorized and required, at any time after the increased 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 stockholders of the New Castle Turnpike and Rail Road Company, and of the New Cas¬ tle and Frenchtown Turnpike and Rail Road Company; first giving at least three weeks' notice of the time, place, and object of such meet¬ ings, in one newspaper published in the city of Philadelphia, one in the city of Baltimore, one in Cecil county in the state of Maryland, Power to and one in the state of Delaware ,* and at the said meeting, the holders tounltflth™ major Part 'n amount °f the stock of each of the said turnpike turnpike and and rail road companies attending in person or by proxy, shall be competent to decide whether or not the said turnpike and rail road rail road companies, upon terms, companies shall be united ; and together form one body politic and cor- '' porate, 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, 25 to the recorder of deeds for New Castle county, who is hereby re¬ quired to record the same; and thereupon, and immediately thence¬ forth, the said New Castle Turnpike and Rail Road Company, and the said New Castle and Frenchtown Turnpike and Rail Road Com¬ pany, shall be and are hereby created one body politic and corpo¬ rate 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 rail road companies, so united as aforesaid, shall hold, possess, and enjoy, all the property, rights, and privileges, and exer¬ cise 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. Sect. 5. And be it further enacted, That the state hereby re- Charter serves the right to alter or abolish said charter at any time after ™at,io PerPe" 0 . tual, see the period of thirty years from the completion of said road, on pro- sect. 4 of act riding that such compensation shall be made to the stockholders as oi lö31' the legislature shall deem reasonable. Sect. 6. And be it further enacted, That the sixth, ninth, and eleventh sections of the act to which this is a supplement, and so much of the said act as by this act is altered or supplied, be, and the same are hereby repealed, made null and void. ARTICLES OF UNION Certified to the Recorder of Deeds for New Castle County—com- a. D. 1830. prising the terms and stipulations on which the New Castle Turn¬ pike and Rail Road Company, and the New Castle and French- town Turnpike and Rail Road Company became united, and to¬ gether form a body corporate, styled " The New Castle and Frenchtown Turnpike and Rail Road Company." These presents certify to the recorder of deeds for New Castle Certificate to county,—that at á meeting of the stockholders of the New Castle tlie recor(ler- Turnpike and Rail Road Company, and of tire New Castle and French- town Turnpike and Rail Road Company, held pursuant to due and legal notice in that behalf given, at the house of Bennet Lewis, in the town of New Castle, in the state of Delaware, on the thirty-first day of March, in the year of our Lord one thousand eight hundred and D 26 Union of the two compa¬ nies. Profits, &c. shall belong exclusively to the stock¬ holders. Mode of lessening rates of con¬ veyance and tolls. The direc¬ tors to be 14 in number. Bona fide stockholders only, to vote for directors, with speci¬ fied excep¬ tions. No director to be a road contractor, or superin¬ tendent, &c. Directors re¬ stricted in regard to granting li¬ cense to use the road. thirty, the holders of a major part in amount of the stock of each of the said turnpike and rail road companies attending in person and by proxy at that time and place, being competent to decide, did decide That the said turnpike and rail road companies should be united, and together form one body politic and corporate, upon the following terms and stipulations, deemed by them proper and expedient, to wit: 1st, That all profits, emoluments, advantages and income for the con¬ veyance, transportation and carrying of passengers, baggage, goods, wares and merchandise, stock and animals on and over, as well as the tolls arising from and produced by the said rail road when made, shall belong exclusively to, and be enjoyed by, the holders of the stock for the time being, of the New Castle and Frenchtown Turn¬ pike and Rail Road Company, their heirs, executors, administrators, and assigns; and for that purpose, and to eiFectuate and secure the said objects, all machines, locomotive engines, carriages, wagons, and other vehicles to bo used and employed on the said rail road for the uses and purposes aforesaid, or for any other uses and purposes, shall be purchased and furnished by the president and directors, and be the property of, and owned by the New Castle and Frenchtown Turnpike and Rail Road Company. 2d, That the rates or prices to be charged for conveyance, transportation, and carriage, and for tolls, shall not in any manner be lessened or diminished, without the con¬ sent of the holders of at least three-fourth parts in amount of the stock of the said company, given at a general or special meeting of the said company. 3d, That the number of directors to be chosen to manage the affairs of the said company shall consist of fourteen, to be chosen at the present and all future elections for directors of the said company. 4th, That no holder of stock in the said company, who has not the beneficial interest in it, and is not the real and bona fide owner of the stock, and not merely trustee or holder thereof for the benefit of another person, except in the case of the road commis¬ sioners of New Castle and Pencader Hundreds, and persons voting by proxy in behalf of a bona fide owner, shall be entitled to vote for directors of the said company. 5th, That no director of the said company shall be a contractor, or engaged in any contracts for or in regard of the surveying, laying out, graduating, otherwise preparing for, or making and constructing the said rail road, or superintending or overseeing the same, or receiving or disbursing any moneys on ac¬ count thereof. 6tb, That the said directors shall not grant, but are inhibited from granting any license or permission to any other com¬ pany, or person or persons whatsoever, to travel upon or use any part of the said rail road, or to transport persons or property of any 27 description thereon, except by a vote of the board of directors, in which three-fourths of all the directors shall concur. The said spe- The terms cified terms and stipulations being fundamental, fixed and unaltera- amJü'ebases ble, and then and there producing and forming the bases of the union of the union and amalgamation of the said turnpike and rail road companies from companies, thenceforth, and on the foundation thereof united, and together form¬ ed into one body politic and corporate, by the name, style and title of " The New Castle and Frenchtown Turnpike and Rail Road Company which said certificate is hereby verified by the signa¬ ture hereunto made and subscribed of James R. Black, chairman, and attestation of Cornelius D. Blaney, secretary of the meeting of the stockholders aforesaid of the New Castle Turnpike and Rail Road Company, and by the signature hereunto also made and sub¬ scribed of William M'Donald, chairman, and attestation of James Couper, secretary of the meeting of the stockholders of the New Castle and Frenchtown Turnpike and Rail Road Company. In testimony whereof \ the said respective chairmen and secreta¬ ries have hereunto subscribed their names, this thirty-first day of March, in the year of our Lord, one thousand eight hundred and thirty. WILLIAM M'DONALD, Chairman, &c. JAMES COUPER, Secretary. J. R. BLACK, Chairman, &c. C. D. BLANEY, Secretary. We, the President and Managers of the New Castle Turnpike Company, certify, that the foregoing certificate to the recorder of deeds for New Castle county, contains a true statement of the pro¬ ceedings and acts of a meeting of the stockholders of the New Castle Turnpike Company, called by due and legal notice of the said president and managers, and held at the time and place aforesaid, concurrent with a similar meeting of the stockholders of the New Castle and Frenchtown Turnpike Company, held at the same time and place. Witness the seal of the New Castle Turnpike Company, at New Castle, the thirty- first day of March, in the year of our Lord, one thousand eight hun¬ dred and thirty. 28 We, the President and Managers of the New Castle and French- town Turnpike Company, certify, that the foregoing certificate to the recorder of deeds of New Castle county, contains a true statement of the proceedings and acts of a meeting of the stockholders of the New Castle and Frenchtown Turnpike Company, called by due and legal notice of the said president and managerss and held at the time and place aforesaid, concurrent with a similar meeting of the stockholders of the New Castle Turnpike Company, held at the same time and place. Wit¬ ness, the seal of the president, managers, and company of the New Castle and Frenchtown Turnpike, the thirty-first day of March, in the year of our Lord, one thousand eight hundred and thirty. Received in the office, March thirty-first, A. D. one thousand eight hundred and thirty. Attest, MATTHEW KEAN, Recorder. Recorded April 14th, 1830. New Castle County, ss. I DO CERTIFY the aforegoing to be a true copy from the record thereof in the office for recording deeds, &c. at New Castle, in and for the county aforesaid. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office, at New Castle. Signed, MATTHEW KEAN, Recorder. December 31st, 1830. AN ACT Passed Jan. Concerning the New Castle and Frenchtown Turnpike and Rail 20,1831. Road Company. Location of Section 1. Be it enacted by the Senate and House of Represen- the rail road. 'fatives of the State of Delaware, in general assembly met,, That the present route or location of the New Castle and Frenchtown Rail Road, as surveyed and laid out by the engineers of the New Castle and Frenchtown Turnpike and Rail Road Company, and adopted by 29 the directors of the said company, commencing at a point in the river Delaware, within the town of New Castle, and thence extending to the waters of the Elk river, at or near Frenchtown, in the state of Maryland, in a course as direct as the nature of the ground over which it passes will admit, be, and the same is hereby confirmed and esta¬ blished as the proper route and location of the said rail road. And The road to the said New Castle and Frenchtown Turnpike and Rail Road Com- perty^>f the pany are hereby authorized to construct, possess, hold and use the company, same, with all the rights, privileges and powers vested in the said company, by this or any other law or laws of this state. And the Maps of the directors of the said company are hereby authorized to cause, as soon r¡ze¿ to ^e* as it conveniently may be done, accurate maps of the said rail road made, as surveyed, laid out, and located as aforesaid, to be made by the engineer in chief, for the time being, of the said company, or under his immediate superintendence; which said maps, besides designating the route and location of the said rail road, shall also specify the lands of the several and respective owners and holders, through, over, and upon which the said rail road is located and will pass, and the con' tents of such lands respectively , within the boundaries of the said rail road. And the said maps shall be verified by the certificate and Maps to be ' £ A signatures of the directors of the said company, or a majority of them, ^ow e ' and the engineer in chief, for the time being; and shall be further veri¬ fied by the oath or affirmation of the said engineer in chief, that the said maps accurately represent and designate, according to the best of his skill and judgment, the route and location of the said New Cas¬ tle and Frenchtown rail road, and the lands of the several and re¬ spective owners and holders, with the contents thereof, within the boundaries of the said rail road ; which oath or affirmation shall be administered by any judge or justice of the peace. And the said Maps to be maps, so verified in manner and form aforesaid, shall be deposited in and^e^mat- the form of an atlas, in the office for recording of deeds in New Cas* ter of record, tie county, and an entry shall be made therein and signed by the re¬ corder, of the same being so deposited ; and for so doing he shall be paid by the said company the sum of one dollar. And the said maps Original or so deposited, shall be a matter of record; and the same, or an office ^re°^ copy thereof, shall be deemed, taken and received as sufficient evi- dence in dence in all courts of law and equity within the state. [™rts of Sect. 2. And be it further enacted, That it is and shall be law- Possession of ful for the said New Castle and Frenchtown Turnpike and Rail Road taken.t0 b° Company, by their engineers, artists, superintendents, contractors, workmen, and labourers, with their instruments, implements, carts, wagons, and other carriages and beasts of draught or burden, to en- 30 Compensa¬ tion to be made to the owners of lands. Mode of as¬ certaining damages sus¬ tained by owners of land. Five free¬ holders to as¬ sess da¬ mages. 1er upon and occupy the lands within the boundaries of the said rail road, for the purpose of making, constructing and perfecting the same, and all the necessary works thereto belonging: Provided always, that the said New Castle and Frenchtown Turnpike and Rail Road Company shall be liable to pay to the several and respective owners of lands within the boundaries of the said rail road, a fair and rea¬ sonable compensation (if compensation be demanded), for the da¬ mages sustained by reason of taking such lands, for the location and use of the said rail road ; such damages to be ascertained or assessed in the manner hereinafter mentioned. Sect. 3. And be it further enacted, That in all cases where the damages (if any), sustained by any owner or owners of lands within the boundaries of the said rail road, by reason of taking such lands for the location and use of the said rail road, have not been, or he- cause of disagreement cannot be ascertained by private contract, be¬ tween such owner or owners, and the New Castle and Frenchtown Turnpike and Rail Road Company, or in case the owner or owners of any such lands be out of the state, or be under the disability of in¬ fancy, coverture, or incompetency of mind, or be otherwise incapa¬ citated or unable to make such contract aforesaid, or to convey lands, then and in each and every such case, it shall and may he lawful for the said New Castle and Frenchtown Turnpike and Rail Road Com¬ pany, or for the owner or owners of any such lands, who have made no such private contract as aforesaid, to make application to the court of common picas for the county of New Castle in term time, or to the chief justice of the said court, in vacation ; first giving at least five days' notice of making such application, to the opposite party. But notice to such party, if out of the state, or under any of the disabili¬ ties aforesaid, shall not be required of the said company. And the said court or chief justice is hereby authorized and required to nomi¬ nate and appoint five fit and impartial freeholders, of New Castle county, to view the premises, and assess the damages (if any), sus¬ tained by the reason aforesaid. And it shall be the duty of the party upon whose application the said freeholders are appointed, to give five days' notice to the opposite party of the time and place of meeting of the said freeholders: And it shall be a sufficient service of such no¬ tice upon the said company, or of any other notice required by this act, to deliver a copy thereof to the president and secretary per¬ sonally, or to leave a copy at the dwelling house of each of them ; and such notice from or on behalf of the said company, or any other notice required by this act, from or on behalf of the said company, may be served by the delivery of a copy thereof to the owner or 31 owners of such lands, or leaving a copy at their respective dwelling houses; but in case such owner or owners are out of the state, or un¬ der the aforesaid disabilities, it shall be a sufficient service of notice of the time and place of meeting of the said freeholders, to leave a copy thereof at the dwelling house, or some conspicuous place on the land through which the said rail road is located; and each of the said Freeholders freeholders, before he proceeds to perform the duties required of him affirraedto by this act, shall take an oath or affirmation that he will faithfully estimate da- and impartially, according to the true intent and meaning of this act, ma£es- and to the best of his skill and judgment, estimate and assess the da¬ mages (if any), sustained by such owner or owners of lands within the boundaries of said rail road, by reason of taking such lands for the location and use of said rail road; which said oath or affirmation the said freeholders shall severally have authority to administer to each other: And the said freeholders shall proceed to view the pre¬ mises ; and in assessing damages, shall take into consideration the ad¬ vantages derived from the said rait road passing through the lands of such owner or owners; and having estimated and ascertained the da¬ mages, shall make a report under their hands and seals, or the hands Report to be and seals of a majority of them, describing the lands, and stating the ^^turned0 amount of damages (if any), which such owner or owners have sus- to the pro- tained, or will sustain, by reason of taking such lands for the loca- office a tion and use of the said rail road, and vesting the same in the said company; which said report shall be forthwith returned to the office of the prothonotary of the said county, and judgment of confirmation Judgment to shall be entered by the said court, unless good and sufficient cause be be entejed, . . ° unless For shown to the contrary; in which case, the said court., in their discre- cause shown, tion, may refer the matter back to the same freeholders, or appoint other five freeholders to proceed in manner aforesaid, and assess the damages, if any be sustained. And when judgment of confirmation Judgment, upon any report made as aforesaid, pursuant to this act, shall be en- the com" tered by the said court, then the said New Castle and Frenchtown pany to pos- Turnpike and Rail Road Company paying to such owner or owners aforesaid, the damages assessed in such report aforesaid, or bringing the same into court for the use of such owner or owners, and paying the costs of the said proceedings, shall have and hold to them and their successors and assigns forever, all and every the lands describ¬ ed in such report, as fully and effectually as if the same had been well and sufficiently granted to them, by the several and respective owners thereof, by any legal and perfect mode of conveyance or as- Fees to the surance whatsoever. And each freeholder appointed as aforesaid, shall receive for every day's attendance in the performance of the du- session for¬ ever. assessors. 32 Fees to the prothono- tary. Recital. Mode of con¬ veyance by certificate. Force and effect, of cer tificate. Certificate to be recorded. ties hereby required of him, (if regular return be duly made) the sum of one dollar; and the prothonotary shall receive such fees as are given to him by law for like services. Sect. 4. And whereas, in many cases, the said New Castle and Frcnchtown Turnpike and Rail Road Company are entitled by gift or private contract, to deeds of conveyance for lands through which the said rail road is located ; and in other cases, by the award of ar¬ bitrators amicably chosen, deeds of conveyance are to be executed to the said company, their successors and assigns, for certain other lands through which the said rail road is located : And whereas, the drafting, execution, proof, acknowledgment, and recording of so many deeds, for so many small parcels of land, will be attended with great trouble, difficulty, delay and expense—Be it therefore further enactedy That in each and every such case, it shall and may be law¬ ful for the said New Castle and Frenchtown Turnpike and Rail Road Company, and they are hereby authorized, instead of such deed or deeds of conveyance as aforesaid, to obtain from the party so con¬ tracting, or required by any award to make such deed or deeds, a cer¬ tificate to be made and executed under the hand and seal of such party, in the presence of, and attested by the chancellor, or any judge or justice of the peace of this state; which said certificate shall con¬ tain an acknowledgment of the receipt from the said company, of the consideration money (if any), or of the damages awarded to such party (if any) ; and shall also contain a description of the lands of the said party within the boundaries of the said rail road, with a de¬ claration that the said party conveys all his or her right and title to the said lands so described unto the said company, and their succes¬ sors and assigns forever. And the said certificate, when so executed, shall vest in the said company and their successors and assigns for¬ ever, all the estate, right, title, and interest of the party or parties making it, in and to the lands therein described, as fully and effec¬ tually as if the same were well and sufficiently granted by such par¬ ty or parties, by any perfect and legal mode of conveyance or assu¬ rance whatsoever. And it shall be the duty of the recorder of deeds for New Castle county, to record such certificates so executed and attested; for which he shall receive such fees as are given to him by law, for the like services. And the record of said certificates, or an office copy thereof, shall be sufficient evidence in all courts of law or equity within the state. And the said rail road so located as afore¬ said, and all the property, rights, powers and privileges granted to the said New Castle and Frenchtown Turnpike and Rail Road Com¬ pany, by this, or any other law or laws of this state, shall be and are 33 hereby vested in the said company, their successors and assigns for ever. Sect. 5. And be it further enacted, That if any person or per- Penalty for sons shall destroy, break, damage, or in any manner injure the rail- of way or railways, or any part thereof, of the said rail road, or any the conj- of the switches, turnouts, or crossings ; or shall aid, abet, or counsel Pan^* the doing of the same ; or if any person or persons shall destroy, break, damage, or in any manner injure the level or surface, edges or sides of the said road, or any part thereof; or the embankments, cul¬ verts, bridges, birms, drains, ditches, fences, hedges, or trees, or any of them, of or belonging to the said road, or shall aid, abet, or coun¬ sel the doing of the same; or if any person or persons shall throw, put or place any obstructions in or upon the said road, or any part thereof, or any obstacle or impediment in the way of any car, car¬ riage, vehicle, locomotive engine or machine, going or being upon the said rail road, or shall aid, abet, or counsel the doing of the same; or if any person or persons shall destroy, break, damage, or in any manner injure the cars, carriages, or other vehicles, or any of them, or any locomotive engine, or machine, of the said company, or the buildings, wharves, landing places, or any of them, or any improve¬ ment or improvements whatsoever of the said company ; or shall aid, abét, or counsel the doing of the same ; all and every such person or persons so offending, shall be liable to indictment in the court of gene¬ ral quarter sessions of the peace and gaol delivery, within New Cas-, tie county, and on conviction upon such indictment, shall be fined in any sum not exceeding five thousand dollars, at the discretion of the court; and shall be sentenced to pay the fine with all the costs; and such proceedings shall be had as in all other cases of indictable of¬ fences : Or shall be liable to the said New Castle and Frenchtown Turnpike and Rail Road Company in a civil action, for the injury sustained ; and the form of such action shall be trespass vi et armis, in which treble damages and full costs of suit shall be recovered. But in no case shall both those remedies be had, by the said New Castle and Frenchtown Turnpike and Rail Road Company for one and the same offence or damage. E 31 A SUPPLEMENT Passed Feb. 9,1832. Preamble. Directors may increase the capital stock by the addition of shares. Books to be opened for subscrip¬ tions. Directors may borrow money. Loans here¬ tofore made, to be valid. Capital not to be in¬ creased be¬ yond $300,000. Preamble. To the Act entitled " An Act concerning the New Castle and Frenchtown Turnpike and Rail Road Company" WHEREAS it is represented to this legislature, that the capital stock of the New Castle and Frenchtown Turnpike and Rail Road Company is insufficient to make and construct a second track upon the rail road of the said company, and to effect all the beneficial pur¬ poses for which the said company was created : Section 1. Therefore he it enacted by the Senate and Ilovse of Representatives of the State of Delaware, in general assembly met, That it shall and may be lawful for the directors for the time being, of the New Castle and Frenchtown Turnpike and Rail Road Com¬ pany aforesaid, or a majority of them, at any stated meeting of the said directors, to increase, from time to time, the capital stock of the said company, by the addition of as many shares as they, or a ma¬ jority of them, may deem necessary; for which they shall be at liberty, as may appear most advisable for the interests of the said company, either to open books and receive subscriptions in the man¬ ner pi-escribcd by the acts of assembly of this state and the state of Maryland now in force in relation to the said company, or to sell the same for the benefit of the said company, for any sum or sums of money not under their par value, to wit: not under the sum of twenty- five dollars each share: And the said directors, or a majority of them, shall have power to borrow money for effecting the beneficial pur¬ poses of the said company, and to issue certificates or other evidence of loan, and to pledge the property of the said company for the pay¬ ment of the same, and interest thereon. And all loans heretofore made, whether the same were or were not by the terms of the loan, convertible into the stock of the said company, are hereby declared to be valid and effectual in law: Provided, nevertheless, that the in¬ crease and addition of, and to, the capital stock of the said company, to be made in manner aforesaid, by the said directors, or a majority of them, shall not exceed the sum of three hundred thousand dollars. Sect, 2. And whereas the said company at great expense and la¬ bour, have constructed a large and capacious wharf at the foot of De¬ laware street, and extending along a part of Front street into the river- Delaware, within the limits of the town of New Castle; and it may be important to the said company to construct an additional wharf, or wharves, or a harbour or landing place, commencing on the shore 35 of the said river Delaware, at or near high water mark, and thence extending to deep water in the said river, to the south or south-west of the wharf already constructed by the said company as aforesaid: Therefore, Be it further enacted, that it shall and may be lawful for Additional the said company to construct such additional wharf, or wharves, or be^construct^ such harbour or landing place as aforesaid, to commence on the shore ed. of the said river, at or near high water mark, and thence to extend to deep water in the said river, to the south or south-west of the said wharf so already constructed by the said company as aforesaid ; and such additional wharf, or wharves, and such harbour, or landing company, place, as aforesaid, when so constructed, and so much land covered saving the i • i • in i • i i, i rights of by said river, as extends Irom high water mark to deep water, and as others. far as the line of South street in the said town, with the appurte¬ nances; and also the said wharf already constructed as aforesaid, and so much of the landing place attached thereto, as extends to deep water in the said river, with the appurtenances, shall be and are hereby vested in the said company, and their successors : Saving, nevertheless, the present and subsisting right and title, if there be such, of any person or persons whatsoever ; provided the same shall be established within three years after the passing of this act : But if such person or persons be under the disability of infancy, coverture, or incompetency of mind, such person or persons shall have three years after the removal of such disability, to establish such right or title. Sect. 3. And be if further enacted, That if it shall appear that How the . ........ ,, said premises there is a good and subsisting title in any person or persons, to all or rnay become any of the premises granted to the said company and their successors, the property • j i i ? . . . .1 , of the com- in and by the second section oí this act ; and il no agreement can be pany. made between the said company and such owner or owners, respect¬ ing the conveyance to the said company of the said premises, or the damages or consideration money for the same; or if the owner or owners he out of the state, or under the disability of infancy, cover¬ ture, or incompetency of mind, or be otherwise incapacitated or una¬ ble to convey, then and in each and every such case, the same pro¬ ceedings shall be had for ascertaining damages, and vesting all or any of the said premises in the said company, as are contained in the third section of the act to which this is a supplement, relating to lands, for the location and use of the said rail road. Sect. 4. And be it f urther enacted, That it shall and may be Possession lawful for the superintendent, workmen and labourers of the said ^ company, with their implements, carts, wagons, and other carriages, mises, and beasts of draught, or burden, to enter upon any premises conti- 3G Notice to owners. Reference in cases of dis¬ agreement relative to the value of property. Improve¬ ments may be made on the wharves of the com¬ pany. Prevention of accidents by locomo¬ tive engines, in the erec¬ tion of gates. guous to the site of the aforesaid wharf or wharves, harbour or land¬ ing place, to be constructed as aforesaid, first giving notice in writing to the owners or occupiers of such premises, and doing as little da¬ mage thereto as possible, repairing any breaches they may make in the enclosures thereof, and making compensation for any damage that may be done, upon a reasonable agreement, if the said company and such owners and occupiers can agree; and if not, then upon an appraisement to be made, upon oath or affirmation, by three disin¬ terested freeholders, any two of whom agreeing, and mutually to be chosen; or if such owner or occupier upon due notice given, shall ne¬ glect or refuse to join in the choice, then to be appointed by any jus¬ tice of the peace of New Castle county, not interested therein; and upon tender of the appraised value on behalf of said company, it shall be lawful for such superintendents, workmen and labourers, to dig, take and carry away any sand, gravel, stone or earth, there being most convenient, for the purpose of filling up and making such wharf or wharves, or landing place. Sect. 5. And be it further enacted, That it shall and may be law¬ ful for the said company, to erect upon the said wharf or wharves, made, or to be made as aforesaid, or upon any of them, all such buildings as may be needful for the accommodation and safe keeping of the locomotive engines, cars, carriages, or other vehicles of said company ; for the storage of goods, wares and merchandise, and ge¬ nerally for the transaction of the business and concerns of the said company: also to enclose the same if it be deemed advisable; and with the written consent of the town commissioners of the town of New Castle, for the time being, to extend such enclosure across that part of Front street, in the said town, occupied by the rail road afore¬ said. Sect. 6. And whereas it is intended to use locomotive engines upon the said rail road, and by reason of their rapid motion, the safety of persons travelling upon any public road or highway which intersects the said rail road, may at times be greatly endangered by their incautiously crossing the said rail road:—For prevention there¬ of, therefore be it further enacted, that it shall and may be lawful for the said company, and they are hereby required, to cause good and sufficient gates to be erected across each public road or highway which intersects the said rail road ; and the said gates shall be opened at all times to all and every person or persons travelling on such pub¬ lic road or highway, to cross the said rail road, except where the safety of such person or persons requires the said gates to be closed. And it shall be the duty of the said company to have gate keepers to 37 attend the said gates. And if any gate keeper in the employment of Keepers to the said company, shall unreasonably, and without sufficient cause, atten Sates" delay the passage across the said rail road, of any person or persons travelling along such public road or highway aforesaid, such gate Penalty for keeper so offending, shall be liable to pay to such person or persons, nes'ect- any sum not exceeding twenty dollars ; to be recovered before any justice of the peace in New Castle county in the same manner as debts under fifty dollars are recovered. Sect. 7. And whereas the said rail road crosses three of the streets or lanes in the said town of New Castle, which are but little frequent¬ ed, and it is necessary to put gates across said streets or lanes to pre¬ vent accidents to citizens, and also to prevent cattle from straying on said rail road: Be it therefore further enacted, That it shall and may Gates to be be lawful for the said company, to cause good and sufficient gates to across cer- be erected across each of the said streets or lanes, to be so construct- tain streets, ed as to open without difficulty and close themselves. But the said company shall not he required to station gate keepers at the said gates. Sect. 8. And he it further enacted, That the said company are Company hereby authorized to purchase, hold and enjoy such real estate as estate may be necessary for promoting the objects of the said company— whereon they may erect all needful buildings, stables and other edi¬ fices requisite for the business of the said company. A FURTHER SUPPLEMENT To the Act entitled " An Act concerning the New Castle and Passed Jan. 90 i ÛO'Ï Frenchtown Turnpike and Rail Road Company' WHEREAS the cost and expense of constructing the rail road of Preamble, the said company, from New Castle to Frenchtown, have greatly ex¬ ceeded the estimates made before its completion, and by reason of such heavy cost and expense, the tolls heretofore established, are found insufficient, and for many articles no tolls whatever are fixed : Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Delaware, in general assembly met, That the following are and shall be the rates of toll, which the said company may charge and receive for the use of the said rail road ; that is to say : 38 Tolls. The com¬ pany agree to take the canal stock of the state ; $25,000. The turnpike road from Clark's Cor¬ ner to the line surren¬ dered to the state. For every passenger, including customary baggage, not exceeding one hundred pounds, ten cents per mile. For dry goods, and such other articles of merchandise, not herein particularly specified, as usually pay freight by measurement, six cents per cubic foot. For flour, fifteen cents per barrel. For coffee, twenty cents per barrel, and fifteen cents per bag. For figs, five cents per drum. For indigo, seventy-five cents per box. For lemons or oranges, large or round top box, twenty cents. For the same in small boxes, twelve and an half cents. For paper, ten cents per ream. For raisins, four cents per box, and twelve cents per keg. For segars, six cents per box. For tea, twenty-five cents per chest, fifteen cents per half chest, and five cents per ten catty box. For wood, one dollar per cord. For wood-ware, sixteen cents per dozen pieces. For specie, at the rate of fifty cents for every thousand dollars in value. For all other articles not before specified, one cent per mile for every hundred pounds : Provided, nevertheless, that it shall and may be lawful for the said company to charge and receive tolls, either by weight or measurement, according to the rates of toll fixed by this section. Sect. 2. And whereas the New Castle and Frenchtown Turnpike and Rail Road Company aforesaid, have agreed and do hereby agree to receive at its par value, a transfer of the stock now owned by the state of Delaware, in the Chesapeake and Delaware Canal Company, and have agreed, and do hereby agree, to pay to the said state, for the benefit of the school fund, interest, at the rate of six per centum per annum ; or if the rate of dividend on the capital stock of the said New Castle and Frenchtown Turnpike and Rail Road Company, shall ex¬ ceed six per cent, per annum, then at the rate of such dividend, on the par value of the said stock, that is to say, on the sum of twenty-five thousand dollars ; such interest to be paid half yearly, to wit : on the first day of July, and the first day of January, in each and every year after the passing of this act ; the first payment to be made on the first day of July next: And whereas the said company have also agreed, and do hereby agree, to surrender to the state, all the rights of the said company, in and to the turnpike road, leading from Clark's Cor¬ ner to the Delaware line, in the direction towards Frenchtown : 39 Therefore in consideration of the premises, belt further enacted, that it shall not be lawful for any other person or persons, body politic or corporate, to construct any other rail-way, or road to be used or tra¬ velled by locomotive engines, or engines propelled by steam, within New Castle county, between the waters of the Appoquinimink creek and those of the Christiana river, or within a distance from the New Castle and Frenchtown rail road on each side thereof, as great as the mouth of said Appoquinimink creek and of said Christiana river is from said rail road at the town of New Castle: saving, neverthe¬ less, the rights and privileges heretofore granted to " The Wilming¬ ton and Susquehannah Rail Road Company," in the location of their road from the city of Wilmington to the Susquehannah river. Sect. 3. And be it further enacted, That upon an obligation un- The com- der the common seal of the New Castle and Frenchtown Turnpike £ond for The* and Rail Road Company, securing to the state for the benefit of the payment of school fund, the payment of the said interest on the said twenty-five thousand dollars, in the manner and at the times hereinbefore men¬ tioned in that behalf, then, and in such case, the state treasurer, or other proper officer of this state, is hereby directed to assign, and transfer to the New Castle and Frenchtown Turnpike and Rail Road Company, all the aforesaid stock held by the state of Delaware, in the Chesapeake and Delaware Canal Company. Sect. 4. And be it further enacted, That it shall and may be law- Steam boats ful, to and for the said New Castle and Frenchtown Turnpike and ^ared.öpr°~ Rail Road Company, to purchase or procure steam boats, for the con¬ veyance of passengers and merchandise, and use the same in connec¬ tion with the said rail road ; and for this purpose, it shall be lawful to and for the directors of the said company, in the manner already au- Capital may thorized by law, to increase the capital stock of the said company, by the addition of two hundred and fifty thousand dollars; and it shall be the duty of the said rail road company, to convey the passengers and merchandise of steam boats belonging to any other company, at the same rate of toll, and with the same facilities in all respects, as the said rail road company may convey passengers and merchandise of steam boats which may belong to the said rail road company: Provided always, that when the price for conveying an adult passen¬ ger from one city to the other (to wit : Philadelphia and Baltimore), shall be three dollars or less, the said rail road company may charge and receive one dollar and twenty-five cents for each adult passenger, and for minors, in fair proportion, and no more ; and when the price for an adult passenger between the two cities shall exceed three dol¬ lars, the said rail road company may charge and receive, in addition be increased. 40 Continuance of this act. Further con¬ dition of the passing of this act. Acceptance of this act within three months, &c. to one dollar and twenty-five cents, for each adult and others, rate- ably one-half of said excess. Sect. 5. And be it further enacted, That this act shall not con¬ tinue in force longer than twenty years, from and after the first day of July next, without the re-enactment of the legislature ; and in case it be not re-enacted, the said New Castle and Frenchtown Turnpike and Rail Road Company, shall either re-transfer to the state the same number of shares of the stock of the Chesapeake and Delaware Canal Company as is now held by this state, or shall pay to the state the sum of twenty-five thousand dollars, the par value thereof, as the le¬ gislature may then deem most advantageous to the interests of the state. Sect. 6. And be it further enacted, That as a further condition of the passing of this act, the said rail road company shall, semi¬ annually, pay to the treasurer of this state, for the use of the state, at the rate of one-fourth of one per centum per annum on their stock actually paid in, for and during the continuance of twenty years from the acceptance of this act. Sect. 7. And be it further enacted, That this act shall not take effect until the said New Castle and Frenchtown Turnpike and Rail Road Company shall signify their acceptance of this act, within three calendar months from the time of its passage, by some writing or writings, under their common seal of incorporation, to be delivered to the governor of this state, and recorded in the office of the secretary of state.