R. Co. build said Mil ford, the cost of construction must he union be formed ure or refusal to tions Trains; how reg mentioned in the foregoing proviso or in case such branch shall in case the D. R be constructed by the Delaware Railroad Company as therein branch to mentioned shall pay to the said Delaware Railroad Company the such full cost of its construction as therein provided, notwithstanding paid even if no the said Railroad Company may not have formed a union or con- with companies nection with any such company or confpanies as above mentioned, out of the State and in either event the failure or refusal of the said Company to do or perform any of the matters or things contained in this or the foregoing proviso shall ipso facto work a forfeiture of its charter, and the State Treasurer shall thereupon immediately Pensity for failseize and take into possession all the property in this State be- perform the relonging to the said corporation, for the benefit of the Delawarequired condi Railroad Company; and provided, also, that the charges per Freights; how mile for freight and passengers shall be as low to and from Mil- charged. ford, as to and from Lewes, and the trains shall be so regulated, alated and run as to afford as good and favorable an opportunity to pass to and from the Delaware Railroad by way of the Milford branch as to go to and from Lewes by way of the Lewes and Millsborough road. And the Legislature hereby reserves the Tax on power to impose a reasonable tax upon the said United Com-chandize may be panies, at the rate of not exceeding the sum of ten cents for every adult id by the Logpassenger conveyed through the entire length of either of their said united compan roads in this State and upon merchandize transported as aforesaid not exceeding the sum of five cents per ton, and upon grain of all kinds transported as aforesaid, not exceeding a quarter of a cent per bushel, and on all other produce transported as aforesaid, not exceeding five cents per ton or five cents per cord for wood, bark, staves, and at the same rate for all kinds of lumber. passen gers and mer islature upon the ies. Commissioners of those in the original act. SEC. 2. And be it further enacted as aforesaid, That Sheppard P. Houston, Nathaniel W. Hickman, Henry F. Rodney, appointed in lieu Caleb S. Layton, John W. Houston, Benjamin Burton, and Manaen Gum, be and they are hereby appointed Commissioners in lieu of the Commissioners named in the second section of said Act, to receive subscriptions to the said capital stock; and any two of them may open books for that purpose, at such may open times and places as they may appoint, giving ten days notice thereof in one or more newspapers published in this State; the books shall be kept open until two thousand shares of the said capital stock shall be subscribed, and as long thereafter as the interest of the said Company may require and the Board of Directors shall limit and appoint. books. SEC. 3. And be it further enacted as aforesaid, That the third section of the said Act, be and the same is hereby amended Third section of by repealing and striking out all the words and provisions therein the original act contained between the semicoln next after the word "meeting" in the twenty-first line, and the period next succeeding the words "former director" in the twenty-seventh line of the said 27 amended. Amendment. amended. third section as printed in the eight volume of the laws of this State, republished by authority in the year 1841, and by enacting and inserting in lieu thereof, the following words and provisions: "the said Commissioners or a majority of them shall have power to call the above mentioned meeting for the election of directors, in the town of Lewes, at any time after two thousand shares of the capital stock of the said Company shall have been subscribed as aforesaid, the directors, a majority of whom shall be citizens of this State, shall continue in office one year and until successors shall be duly elected, which shall take place every year at the town aforesaid, after the first annual meeting; any vacancy in the office of director shall be filled by the remaining member or members of the board, to continue until the next annual meeting and until successors shall be elected as aforesaid. Section 4, also SEC. 4. And be it further enacted as aforesaid, That the fourth section of the said Act be and the same is also, hereby amended by inserting in lieu of the word "Each," in the the fifteenth line thereof, as printed as aforesaid the words "on each share of stock subscribed. Company autho-, of the road. SBC. 5. And be it further enacted as aforesaid, That whenever enter it shall be necessary or expedient for the said company to enter State for the use upon any shore, cape, land or marsh, the property whereof is in this State, for the uses and purposes of said Company it shall be lawful for the directors thereof, to enter upon the same, and to take, hold, use, occupy and enjoy so much thereof as may be necessary and proper for the use and benefit of said Company, and thereon to make and construct such road or roads, piers, wharfs, docks, houses, and other needful buildings, structures and improvements as may be conductive to the purposes and objects of the said Company; and if any person or persons shall wilfully Penalty for ob- obstruct, damage or destroy the same or any part thereof, or shall structing or dam- aid, abet or counsel such obstruction, damage or destruction, he property of the or they shall be liable to the same penalty by indictment, or to the same damages and costs in a civil action by said Company, as is provided in the seventh section of said act for injuries and offences under said section. aging any part of Company. vigable stream SEC. 6. And be it further enacted as aforesaid, That if in the In ease the road location of the said Railroad as provided for in the first section shall cross a 1 of said act, it shall be found necessary to cross by a bridge the below the point said Indian River, or any other river or creek below the highest the company are point of the navigation thereof by masted vessels, it shall be the Maintain a suff-duty of said Company to construct and keep in repair a sufficient of navigation, to erect and cient draw, pass or draw in said bridge over the channel or deepest part of said river or creek for the passage of such vessels through the same, which draw shall at all times on the approach of any such vessel be drawn at the cost and expense of said company for the free passage of said vessel; and it shall also be the duty of said Company to construct and keep in good repair, sufficient pas- Crossings. sages across said railroad, where any public roads shall intersect and cross the same, for the free and unobstructed passage for horses and vehicles, persons andeattle along said public road; and also when said Railroad shall intersect any farm, to provide and keep in good repair a suitable passage for the use of said farm. Second Section tions made the SEC. 7. And be it further enacted as aforesaid, That the repealed. second section of the said act is hereby repealed, and in any edition of the laws hereafter to be printed, the said act shall be pub- The 5th, 16th. lished as Lerein and hereby amended, and that the fifth, sixth, 7th and 8th secseventh and eighth sections of this act shall constitute the ninth 9th 10th 11th, & tenth, eleventh and twelfth sections of said act as thus amended, the Amended when printed and published as aforesaid; and the same as here- t Public act. by amended, shall be a public act, and may be pleaded and given Revocation. in evidence as such. SEC. 8. And be it further enacted as aforesaid, That the power to revoke this act, and the said original act hereby amended, is hereby reserved to the Legislature. Passed at Dover, February 26, 1855. 12th sections of CHAPTER CCXLVII. AN ACT to revive an Act to establish the Mount Salem Cemetery. Ante 14. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch of the Legislature concurring) as follows, vizz SECTION 1 That the said act entitled "An Act to establish the Mount Salem Cemetery," passed at Dover, January 28th, 1858, re-enacted. Act revived and be and the same is hereby revived and re-enacted, in full force, and virtue in the words in which the same was originally enacted with all the powers and provisions therein contained; and further, that all sales, conveyances, gifts or grants, made by or to the corporation in said act named as well as all other acts and proceedings of the said corporation under and by virtue of the said act, shall be deemed and held to be, and shall be as good, valid, and subsisting in law and equity as if the said corporation had duly certified its acceptance thereof, according to the eight section of the same. SEC. 2. This shall be a public act. Passed at Dover, February 26, 1855. CHAPTER CCXLVIII. AN ACT for the benefit of John M. Collison.. Private act. Passed at Dover, Febuary 26, 1855. CHAPTER CCXLIX. · AN ACT to amend the act passed at the present session entitled SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Delaware in General Assembly met. That the aforesaid act mentioned in the title hereto, shall be amended by adding therto the following: Provided Always that the repeal of the aforesaid first section of Chapter 35 of the Revised Statutes shall not be construed, held or taken, nor shall it have the effect to vacate or in anywise affect any Commissions to Notaries Public in force at the time the aforesaid Act, mentioned in the title hereto passed; but said Commissions shall be deemed to be in full force and existence until the expiration of seven years from the time they respectively bear date. Passed at Dover, February 26, 1855. CHAPTER CCXLX. AN ACT concerning the Philadelphia, Wilmington and Baltimore Railroad Company. WHEREAS by an Act of the General Assembly of the State of Mary land entitled "AnAct to amend the Charter of the Philadelphia, Wilmington and Baltimore Railroad Company so as to authorize and empower the said Company to build a bridge over the Susquehanna river at or about Havre-de-Grace," it is thus Enacted: Preambla of the Maryland Legis SEC. 1. Be it enacted by the General Assembly of Maryland, Act of IncorporThat the Philadelphia, Wilmington and Baltimore Railroad Com-ation pany be, and they are hereby vested with full power and authority lture recited to make and construct, and keep in repair, a bridge across the Susquehanna river at or about Havre-de-Grace, at such point or points on said river, as the said Company may select, and to construct thereon and keep in repair a Railway or Railways for the passage of cars and transportation of passengers and merchandize and other articles, and for the accommodation of the trade and travel of the public generally, and to connect the same with the raliroad on each side of said river, as it is now located, or may hereafter at any time be located, by the construction and maintenance of proper approaches or connecting lines of new roads necessary thereto. Provided, That the said bridge and approaches shall be so located and constructed as not to injure the navigation of the Tide-water Canal, SEC. 2. And be it enacted that the said Company shall also hereby have full power and authority to euter upon and hold in fee any land necessary or proper for the abutments and piers of said bridge, or for the approaches necessary to connect the bridge with the main line as now located or hereafter to be located, and for the other purposes contemplated by this act, and for this purpose nay agree with the owner or owners of said land for the same, |