Evening journal., 1899-03-20

AtllrlAAtAOls AItiA Nllt rAlAA ANl RNA tNAihA INN
expended at least the sum OF two thou
iaLd dollars. nor until there Is endorsed
ln such articles OF association, or annex
"a thereto. an affidavit. made by az least
iVe Of the directors named In said aru-
lies OF association. that the amount OF
stock required by this section has been.
In good faith subscribed and padd IN cash
lB aforesaid. and that Il Is Intended In
good faith, 10 construct or maintain and
operate the road mentioned I'M such arti-
cios Of association. which Affidavit shall
be recorded with the articles OF assodu-
tion as aforesaid.
SECTION 72 That a COPY OF any aru-
clcS Of association for the construction
and operation Of railroads. filed and re-
corded in pursuance Of the provisions OF
this Act or OF the record thereof. with "A
copy OF the affidavit aforesaid indorsed
thereon or annexed thereto. and duly
certified to be a copy by the Secretary OF
State. shall he presumptive evidence Of
the Incorporation OF such corporation and
OF the facts therein stated.
Nothing In this section contodned shall
prevent judicial inquiry into, and ascor-
tainmcnt Of the existence OF the corpora
ton or tho possession OF the corporate
powers e undertakes to assert IN any suit
or proceeding wherein the same shall be
challenged.
SECTION 7s. The directors named IN
said articles Of association may. when
such articles Of association and affidavit
are filed and recorded in the office OF tho
Secretary Of state. IN case the whole OF
the capital stock Is not before subscribed.
continue to receive subscriptions until
the whole capital stock Is subscribed; at
the time Of subscribing every subscriber
shall pay to the directors ten pcrccntum
on tho amount subscribed by him. in
money, and no subscription shall be ro-
nnIrflH fr fu1rnn without uflgn DnfFTnRmf
SECTION "A. That there shall be a
board OF not less than nine directors OF
every corporation formed under this Act
for the purpose Of constructing and oper-
ating a railroad or railroads. to manage
It's affairs; said directors shall be chosen
annually by n majority OF the votes Of
the stockholders at such elections. and
IN such manner as may be prescribed In
the bylaws Of the corporal uon, and they
may and shall continue to be directors
until others are elected. and qualified IN
their places, I'm the election OF directors
each stockholdcr shall be entitled 10 one
vote for each share OF stock held by him
vacancies IN the board OF directors shall
DO filled In such manner as shall be pre-
scribed by the bylaws OF the corpora
tion; the inspectors to hold the first eiec-
tion Of directors shall be appointed by the
board OF directors named In the articles
~. association; no person shall be direc-
TOT unless ne small ne n NNNfhnNAuNIf ONNA7
ing stock absolutely in his own right, and
qualified TO vote for directors at the cleo
ton at which he shall be chosen. al every
election OF directors the books and papers
OF such company shall be exhibited tc
the meeting and subject TO the inspection
OF those present, provided a majority OF
the stockholders present shall require Il
SECTION IS. That within thirty days
after the articles Of assOciat tlon are filed
I
the directors therein named shall organ
lze by the election OF one OF their mum
Der president, they may also elect
treasurer and secretary, and adopt auci
bylaws as may appear 10 be proper and
right for the government Of the corpora
| ton.
SECTION 76. That IN case the capita
stock Of any company formed under thi
Act, IS found to be insufficient for con
structing and operating its road. sucl
company may. with the concurrence O
two-thirds In amount Of an It's stock
holders. increase It's capital stock from
/ time to time. to any amount required 10
i the purpose OF cons structing. maintaininl
| and operating Its railroad; such increas
may be sanctioned by vote In person o
| by proxy. OF two-thirds IN amount OF al
the stockholders OF the company. at
/ meeting OF such stockholders called b.
| the directors Of the company for tina
/ purpose, by notice In writing to enc
/ stoclkholder TO be served on him person
ally. or by depositing the same, drecte
| 10 him. I'm the post Office nearest his usua
| place OF residence. at least twenty day
prior TO such meeting. such notice mus
| state time and place OF the meeting, an
Its object and THE amount 20 which IL
proposed 10 increase the capital stock
| the PROCEEDINGS Of such meeting must b
| entered on the minutes of the corpc-a
tion. and thereupon the capital stock q
the corporation. may he increased 20 tn
amount sanctioned by vote OF two
thirds IN amount Of all stockholders q
the corporation aforesaid.
SECTION n. That the stock OF ever
company formed under this act shall
deemed personal estate and be transfer
able in the manner prescribed by the by
laws OF the company. but no shares sha
| be transferable until all previous call
thereon shall have been paid.
SECTION 7s That whenever any col
poration created under this Act. cannC
agree with the owner or owners Of an
land, sand. EARTH gravel. or other matei
ials necessary to be taken and used 1
the construction OF the said railroad. fc
the purchase thereof. the said corporauo
may apply to the Associate Judge OF N
State Of Delaware, resident in the count
! where the land and materials necessar
other party or owner at least five day
notice In writing OF the intended applics
tion II within the State; and II said othe
i party OF owner be unknown or wlthot
the State. then such notice shall be pul
hshed IN some newspaper In tho count
In which the land proposed TO be take
IS located. at least five days prior 20 th
intended application, and the said AssC
ciate Judge shall appoint five judiciou
and impartial freeholders, 70 view N
premises and assess the damages while
the owner or owners viii sustain by rec
son OF the said railroad passing through
taking and using the same. The sal
freeholders shall be sworn OF affirmed bl
fore some Judge, Justice OF the Feac
OF Notary Public, before entering on th
premises, faithfully and impartially
| perform the duties assigned them. The
shall give ten days notice. In writing.
the owner or owners OF the premises
TO their guardian or guardians duly M
pointed according 10 law n within ti
State and the same to the president
the corporation, Of the time Of their NEE
Ing. TO view the premises and the sal
commissioners shall certify their indin
and award to both parties, but II eith'
lparty Is dissatisfied with the damages
| assessed. such party may on appNcat tio
to the prothonotary Of the Superior Cou
ID the State Of Delaware. in and for II
county where the land lies, within thirl
days after such assessment. sue out
writ Of nd qiNd damnum. requiring u
sheriff IN the usual form. to inquire
twelve impartial men Of his bnilwicl
| tho damages as aforesaid and their n