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An ACT to incorporate the Wilmington Spring Wa

ter Company.

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of

SECTION 1.

E it enacted by the Senate and State of Delaware, in General Assembly met, That those persons who now are, and those who shall hereafter be, and become subscribers to, and hold. ers of stock in the association or company, now Members incorcalled and known in the borough of Wilmington,

porated. by the name of the “ Wilmington Spring Water Company,” be, now are, and hereafter shall be, one body politic and corporate, in deed and in law, to all intents and purposes, by the name and style of the “ Wilmington Spring Water Company."

Sect. 2. And be it enacted, That the said com pany or corporation shall have full power and authority, to have and use a common seal, and to break and alter the same, and to establish another or others, May have a

common seal. with such device or devices, as they shall think proper : and all acts certified under the seal of the said corporation, shall have full

, faith and credit, in and of seal and cer. before all and every the courts and jurisdictions with- tificate, the in this State.

effect.

Sect. 3. And be it further enacted, That the said corporation are hereby declared and made capable in law and equity, to have, take, purchase, receive, May hold propossess and enjoy, any lands, tenements, and here- perty, and ditaments, goods, chattels, rights, credits and effects of what nature, kind. or quality soever, to the amount of fifteen thousand dollars, and no more ; and to sell, grant, dispose, alien or demise the same, dispose of the in such manner and form as they shall think proper, for the purposes expressed in this act.

same,

Sect. 4. And be it further enacted, That the pre sident, directors, and other officers of the said cor. Continuance of poration, who now are chosen and appointed, and officers.

CHAR.

CL.

1804

who shall hereafter be chosen and appointed, in pursuance of the powers hereby granted, shall be and continue the president, directors, and officers of the said corporation, until others shall be elected and appointed, in virtue of the said powers, in their places; Provided, That twelve directors, one of whom shall be president, shall be of the number of their officers.

Proviso.

Capacity to sue,

Secr. 5. And be it enacted, That the said corpo: &c.

ration be, and shall hereafter be able and capable in law, to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defend. ed in courts of law and equity, or any other place whatsoever; and to do, and execute all and singular other matters and things, which bodies politic or corporate may lawfully do.

Sect. 6. And be it further enacted, That the stock

holders of the said corporation, shall annually meet, Powers. at such time and place within the said borough, as

now is or hereafter may be appointed by the rules or ordinances of the said corporation, and proceed to elect twelve directors and a treasurer by ballot ; at which elections, no stock-holder shall be entitled to more than one vote, which may be given by proxy: and the said directors, when so elected,

shall immediately proceed to ballot for and elect President to be one of their own number to be president ; and the chosen.

treasurer, before he enters into the performance of Treasurer shall

the duties of his said office, shall give bond with give bond, &c. one or more competent sureties, in a sum not less

than double the amount of the stock of the compae ny, conditioned for the faithful discharge of the du

ties of his office; and he shall be entitled to receive His compensa. compensation for his service, as the directors may tion

order, not more than an half per centum, on the monies which by him shall have been disbursed.

Powers of the president and directors,

Sect. 7. And be it enacted, That the president and directors of the said company, shall be capable of exercising such powers for the well governing and ordering of the same, and the affairs and busi,

ness thereof, and of holding such occasional meetings CHAP.

CL. for that purpose, as have been or shall be fixed, described and determined, by the rules, laws, regu

1804 lations, and ordinances of the said corporation.

Sect. 8. And be it enacted, That the rules al.

Rules heretoready established by the said company for the go

me go- fore established, vernment thereof, shall be taken and considered as good till alter. regulations and ordinances of the said corporation; ed. and the said corporation shall and may annul and repeal the same, or any part thereof, and make, ordain and establish such other laws, rules and regu: lations for the government thereof, as to them may seem necessary and convenient. Provided always Proviso. nevertheless, That nothing herein contained shall be construed to authorize the said corporation, to exercise any powers repugnant or contrary to the laws or constitution of this State.

SECT. 9. And be it further enacted by the authority a foresaid, That it shall and may be lawful to and Huw far the for the said company, from time to time, and at company may all times, as the extension and improvement of their water-works.

extend their water-works may require, to convey water by means of pipes or conduits, and to dig, sink, make and establish fountain heads, wells and reservoirs, in, through, under or along all and any of the pubJic streets, lanes and alleys of the borough afore, said, and of the public roads within one mile of the said borough; and the said company, their officers or agents, shall and may from time to time, and at all times, dig, break up, or plough the said streets, lanes, alleys and roads, and any of them, and therein lay, sink, make and establish, and al. ter, repair or amend, all such pipes, conduits, fountain-heads, wells, and reservoirs, and other works by them deemed necessary, for the collection, reception and conveyance of spring-water. Provided always Proviso, nevertheless, That it shall not be lawful for the said company, its officers or agents, to erect any perma. nent work or works, so as to raise above the level or surface of any of the said streets, lanes, alleys or roads, except however, such pumps, hydrants,

1804

C H A P.

cocks, or jet d'eaux, as may be found necessary for CL.

supplying the inhabitants of the borough aforesaid, with water ; and which may be, and are hereby directed to be fixed, raised, erected and established, at or near the junction of the pavements or foot

ways, with the said streets, lanes, alleys and roads. The streets, al. leys, &c. not to

Sect. 10. And be it enacted, That whensoever the be longer ob said company shall proceed to dig, open or plough necessary, and any of the said streets, lanes, alleys or roads, for

any of the purposes aforesaid, the said streets, lanes, alleys and roads shall be kept by the said company as passable as the nature of the work will admit, and shall not be obstructed for any longer space of time than may be found absolutely necessary, and when the work is finished, the said streets, alleys, lanes

or roads which may have been so dug, opened or when the water ploughed, shall be by the said company, and at work is finish their cost and charge, immediately repaired, amendshall repair the ed, and reinstated in the same order in which they streets, &c, shall have stood, at the time the said company be

gan to work thereon.

1

The water.

Sect. 11. And be it further enacted, That the well works, now or or fountain-head opened, sunk, made and estabhereafter erect- lished by the said company, in or near the middle ed, vested in the company.

of High-street, between Tatnal-street and Weststreet ; the reservoir by them sunk, made and established in Shipley-street, above the intersection of the said street with Third-street, and the several pipes, conduits, hydrants, pumps, cocks and jet d'eaux connected therewith, and used or intended for the conveyance of spring water therein and therefrom, and all such other wells or fountainheads, reservoirs, pipes, conduits, hydrants, pumps, cocks or jet d'eaux, which the said company shall hereafter open, dig, sink, make, erect or establish, in, through, under, or on any of the said streets, lanes, alleys or roads, now are and shall be vested in, and held and considered, both in law and equity, as the property of the said Wilmington Spring-water Company, and their assigns forever,

Sect. 12. And be it enacted, "That if any person Penalty on pere or persons, with intent to injure the said company, the water. shall break up, uncover, obstruct or otherwise do works. damage to any of the water-works of the said company, which are now or may at any time hereafter be made, laid, erected or established, within the borough aforesaid, or within one mile thereof, agreeably to the powers by this act vested in the said company, the person or persons so offending, and being thereof legally convicted, before any one of the burgesses of the said borough, or before any justice of the peace for the county of New-Castle, by the testimony of one or more credible witness or witnesses, shall ferfeit and pay a sum of money, equal to three times the amount of the damage done, to be ascertained by three freeholders, to be summoned and qualified by one of the burgesses of the borough of Wilmington, or any one justice of the peace for that purpose, who shall neither of Mode of recothem be one of the company, which said forfeiture, very. in case the same does not exceed twelve pounds, may be sued for and recovered before the same persons, and in the same manner, that debts under twelve pounds, may or can be sued for and recovered under the laws of the State ; and in case the same shall exceed twelve pounds, then by action in either of the the superior courts of the State.

Sect. 13. And be it enacted, That it shall be Agreements lawful for the said company by agreements to be may be made made in writing, and to be signed by the presi- the water, &c. dent, to contract with any person or persons and their assigns, for the sale, use or supply of the said water, for such period of time, in such manner and upon such terms as may be agreed upon, which shall be obligatory upon the respective parties, according to the true intent and meaning of the agreement. Provided always, That no dividend, or divi- Proviso. dends, shall at any time be declared or made by the said company, whereby the stockholders therein shall become entitled to, or receive more than nine per centum per annum on their stock therein, on the average from the time the shares by them sub

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