Evening journal., 1899-03-20

IT1
are removed for the purpose Of laying OF
repairing the wires. cables or under
ground conduits, shall be restored to as
good condition as they were previous
thereto, and so maintained for six
months after the completion of the
works, and in case of failure on the part
OF the corporation TO so restore and main
tain the same, the proper authorities
having supervision Of the streets, avenues
and alleys may properly restore and
maintain the same and the cost thereof
may be recovered by the city, town or
district from the corporation in any court
OF competent jurisdiction; provided, that
all posts or poles which shall be erected
by authority herein conferred shall be so
located as in no way to interfere with
the safety or convenience of persons
travelling on or over the said roads and
highways: and provided further that all
wires fastened upon posts or poles erect
ed as aforesaid, shall be placed at the
height of not less than twenty feet above
all road crossings and twenty-three feet
above railroad crossings; and that nc
posts or poles shall be erected upon the
soil or property of any person without
irst obtaining the written consent of the
owner thereof.
RAILWAY. OTHER THAN STEAM.
SECTION 1O3 Any number Of persons
not less than five may form a corporation
under the provisions OF this Act, which
corporation so formed as aforesaid. shall
nave perpetual succession Tor the pur-
pose OF constructing, maintaining and op.
Grating railway, for the transportation
II freight and passengers, the carriages
coaches and cars OF which, to be moved
lr propelled by electricity, by cable OF
motor or by any improved motive power
other than steam; and shall do and per-
form the several matters and things here
matter stated. and shall have and exer-
else all the rights powers and privileges
hereinbefore and hereinafter conferred
and be subject to all the duties. limita-
tions. restrictions and liabilities herein
after imposed upon such corporations;
and for that purpose may make and sign
articles Of association, in lieu of the arti-
clcs OF association hereinbefore required
by the provisions Of this Act for corpora
tions generally and for railroad corpora
tiOns where steam power Is used. in
which shall be stated:
1.-The name Of corporation.
2-The place from which and to which
such railway is to be constructed, MAIN
taine1 and operated.
s.-The estimated length Of such rail-
way and the name OF each county in this
State through or into which 1t Is Intended
to be made.
ne corporation. which shall not be less
han two thousand dollars for every mile
| lf road proposed to be constructed.
5.-The number Of shares OF which said
capital stock shall consist.
6.-The names and places OF residence
/ Of the five directors OF the corporation,
who shall manage its affairs for the first
year and until others are chosen In their
| places; and each such person snail sub
srrlbe thereto his name, place OF resi-
| dence and the number Of shares of stock
he agrees to take in such corporation. AT
/ least one Of said directors shall be a
resident Of this State.
| THE name OF the city, town. county
or place within the county. In this State.
/ n which it's principal office or place OF
business viii be located in this State.
SECTION i04 Said articles OF assocla.
tion shall be presented to one Of the
Judges OF the Superior Court OF the State
| OF Delaware, who shall examine the
same. and II found to conform to the re-
/ Quirements of this Act shall endorse his
| certificate thereon accordingly.
on compliance with the foregoing pro-
visions and the requirements of the next
| succeeding section, which latter shall be
| evidenced by the receipt of the State
| Treasurer, delivered 10 the Secretary OF
| State. such articles OF association may be
| fled in the office Of the Secretary OF
| state, who shall endorse thereon In writ
| Ing the day they are filed, and record the
| same in a book to be provided by him for
| that purpose: and upon rendering the said
| articles to the Secretary Of State to be
| filed the persons who have so subscribed
| such articles of incorporation and al
| persons who shall become stockholders IN
| such corporation shall be a corporation
by the name specified therein; every sucf
| cooperation formed under this Act. in ad-
dition to the general powers hereinbefOrt
in this Act set forth. shall have power:
| Ito have authority. by its Officers
and servants, to enter upon the lands ol
| waters of any person or persons which
may be necessary, to make such eXaml
nation and surveys for its proposed rail
| way as shall be required to be made, II
| the selection Of the most advantageou.
| route, but subject at all times to resDon
| sibility for all and any damages which
| 10 n a.
| son or persons.
| 2.-To aid in the construction. operation
and maintenance and accommodation o
Its railway. may take and hold such vol
untary grants Of real estate and othe
property as shall he made TO II, but n
all instances. the real estate received al
a voluntary grant shall be held and use,
for the purpose Of such grant only.
3-For the sole purpose OF the construc
tion. operation and maintenance Of IL
railway. and the stations and other ac
commodations necessary to accomplish
the object of Its Incorporation, II ma,
purchase. hold and use all such real es
tate and other property as may be neces
lsary.
Ito construct its road and lay on
the same as hereby provided and for tn
purposes Of cuttings and embankments q
take as much more land as may be neces
sary or required for the proper construc
tlon and security for the road.
| 5.-'ro use and exercise all other right
and powers hereby granted.
SECTION 1O5. Articles OF association
I'm compliance with the provisions of Sec
TORS les and 1ei Of this Act. shall not b
filed and recorded in the office OF the Sec
retary OF State until at least five hundre
dollars Of stock for every mile OF railwa
proposed to be made is subscribed theret
and paid. in good faith and in cash.
the directors named In said articles Of as
| ISOLATION, nor until the said director
shall have deposited the said money s
subscribed and paid to them with IN
b State Treasurer. who Is constituted IN
custodian of the same. and shall mol
the same. subject to be repaid TO the q
q fectors of the said corporation, or TO tn
treasurer thereof, in sums OF tlve hul
: dred dollars for each mile Of said railwa,
( upOn the construction OF which IL Sha
I be proved. TO his satisfaction mat IN
\ said corporation has expended at lea'
s the sum of five hundred dollars, nor unit
there Is endorsed on such articles OF asst
ciation or annexed thereto, an affidaVi
n made by at least three OF the director
Z ramed in said articles Of association
. that the amount OF stock required by IN
S section has been. IN good faith. SUI
n scr'bed and paid in cash as aloresal
& ard that II Is intended. In good tdlth'
= construct or maintain and operate II
. railway mentioned In such articles OF a.
J. sociation, which affidavit shall be recor'
n cd with the articles Of association
J. aforesaid
: SECTION i06. The directors named
- said articles Of association may wh'