OF PILOTAGE, NAVIGATION AND VESSELS. CHAP. 69. CHAP. 244, VOL. 18.

to obey law.

ers shall upon such hearing, adjudge that the matter or thing complained of, is held or kept contrary to the provisions of this act, they shall forthwith deliver to the owner or occupier of any such wharf, platform, landing place, marine railway, pier, pile, abutment, or other obstruction be not removed or conformed to the provisions of this act, within ninety days after the delivery of such certified copy, the person or persons, or corporations holding the same as the owner or owners thereof, shall forfeit and pay to any person who will sue for the same, the sum of $500.00 dollars, to be recovered with Penalty for costs of suit as debts of like amount, are by law recoverable, one-half of said penalty neglect or refusal to be for the use of the person sueing therefor, and the residue thereof to be for the use of Broad and Little Creek Hundreds, and it shall be the duty of the Prothonotary of Sussex County, if any such wharf, platform, landing place, marine railway, pier, pile, abutment, or other obstruction, be not removed or conformed to the provisions of this act, within ninety days after the delivery of such certified copy as aforesaid, without delay, to issue a warrant or writ directed to the sheriff of said county commanding him to abate such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction, or to conform the same to the provisions of this act, whereupon the said sheriff shall forthwith proceed to abate the same or to conform the same to the provisions of this act. The expenses incurred in carrying into effect this provision shall be such as the Levy Court shall allow, and the same having been paid by the County Expenses shall be paid. Treasurer, the amount thereof may be recovered in the name of the county of Sussex, How. from the owner or occupier of the matter of thing abated as debts of like amount are by law recoverable.

shall call

surveyor.

SEC. 5. The commissioners shall have power to call to their aid a competent sur Commissioners veyor, and such other assistance as may be necessary to perform the duties required of s them by Section I of this act. The commissioners and surveyor before proceeding to perform said duties, shall be severally sworn or affirmed to perform all the duties required of them under this act, faithfully and impartially to the best of their skill and judgment. The acts of a majority of the commissioners shall be valid as the acts of the whole; any vacancy occurring in said commission shall be filled by the commis

sioners.

SEC. 6. The compensation of the commissioners, surveyor and other assistance shall Compensation. be allowed by the Levy Court of Sussex County.

SEC. 7. Nothing herein contained shall be construed to prevent the commissioners of Commissioners are not prevented the town of Laurel from constructing, erecting or providing proper sluices, culverts from erecting and waste ways, for the drainage of the town or to prevent the present drains or sluices, &c. gutters from being emptied into Broad Creek.

Passed at Dover, April 19, 1887.

General corporate powers.

Powers.

GENERAL PROVISIONS RESPECTING CORPORATIONS. CHAPTER 70.

TITLE TENTH.

OF CORPORATIONS.

CHAPTER 70. General provisions respecting corporations. Chap. 90, vol. 14; Chap. 152, vol. 14; Chap. 118, vol. 15; Chap. 147, vol. 17; Chap. 702, vol. 19; Chap. 703, vol. 19; Chap. 148, vol. 17; Chap. 181, vol. 19; Chap. 179, vol. 14; Chap. 694, vol. 18; Chap. 695, vol. 18; Chap. 700, vol. 19.

CHAPTER 71. Of banks. Chap. 227, vol. 11; Chap. 235, vol. 11; Chap. 451, vol. 16.

CHAPTER 72. Of canals, railroads, turnpikes and toll-bridges. Omitted. Chap. 487, vol. 13; Chap. 416, vol. 14; Chap. 186, vol. 19.

CHAPTER 73. Of the City of Wilmington. Omitted. Acts of a general character published in other titles under appropriate heads.

SECTION 1. All corporations shall, where no other provision is specially made, be capable in their corporate name to sue and be sued, appear, prosecute and defend to final judgment and execution, in all courts, or elsewhere; to have a common seal which they may alter at pleasure; to elect necessary officers and define their duty and compensation; to make by-laws, consistent with the laws of the State, for their own government and the management of their property, to hold property, real and personal, for the purposes of their incorporation, and to convey the same.

SEC. 2. They may, if no other provision is specially made, determine by their by-laws, how meetings shall be called and conducted; how many shall be a quorum; the number of shares that shall entitle the members to one or more votes; the mode of voting by proxy; when and how shares shall be sold for non-payment of assessments, and may annex suitable penalties to such by-laws, not exceeding, in any case, twenty-five dollars, for any offence.

GENERAL PROVISIONS RESPECTING CORPORATIONS. CHAPTER 70.

SEC. 3. If not otherwise provided, the first meeting shall be Organization. called by one or more of the persons named in the act of incorporation, of the time, place and purposes of which meeting ten days' notice shall be given in a newspaper of the State; or in case of religious societies, by advertisement at the front door of their usual place of worship.

concerns.

SEC. 4. All corporations whose charters shall expire, or be an- Time for closing nulled, shall nevertheless continue for three years thereafter, to enable them to close their concerns, and for all other purposes, except the continuance of the business, or purpose for which they were created.

bonds.

SEC. 5. The directors, or managers, of any bank, or corporation, Renewal of are required to take from each officer thereof who, by the charter, or by-laws, is required to give bond, a new bond at least every six years, so that the date of the new bond shall not be more than six years after the date of the bond immediately preceeding.

SUITS.

process.

SEC. 6. Suits may be brought against any corporation, at law by Suits. summons, and by subpoena in chancery. Process may be served on Service of the president or head officer, if residing in the State, and if not, on any officer, director, or manager of the corporation; and if such corporation shall appear, the suit shall proceed as in other cases, and if it shall not appear, the plaintiff shall have judgment by default, or pro confesso decree, service of the process being first proved. In a suit upon the note of a bank, payable at one of its branches, service of process upon the president, or cashier, of that branch, shall be sufficient. Copies of any rules of court, notice, proceeding, or Service of order, may be served in the same way as original process, or upon the attorney of record.

rules, &c.

cess on officers

SEC. 7. In any suit against a corporation whose officers reside Service of proout of the State, process may be served by publishing the substance out of the State. thereof in a newspaper of this State, and of the State where the head officer resides, twenty days before the return thereof, and such

service shall be sufficient.

&c., service,

SEC. 8. In respect to such corporation, ten days' notice of any Notice of motion, rule, order, or other matter, or proceeding, shall be suffi- motions, rules, cient. And such notice may be served personally on the president, or any director, or manager, or on the attorney of said corporation, or by copy of the rule, or other matter, sent by mail to the presiident, or head officer, at his usual place of abode, or by publishing the same in a newspaper near thereto.

SALE OF FRANCHISE.

SEC. 9. When a judgment shall be recovered against any corpo- Sale of franchise ration authorized to receive toll, the franchise of such corporation,

with all the rights and privileges thereof, so far as relates to the re

Notice,

How sold.

Return. Title.

Proviso.

Proviso.

Attachment of tolls.

Distress.

Attachment, and sale of stock.

Notice.

GENERAL PROVISIONS RESPECTING CORPORATIONS. CHAPTER 70.

ceiving of toll, as well as all the corporate property, real and personal, may be taken in execution of such judgment, and sold at public vendue, on due notice by advertisement, and also by publication in a newspaper of the State. Such sale may be adjourned from time to time, not exceeding ten days at any one time.

SEC. 10. At such sale, the person who will pay said execution and all legal costs and expenses thereon, and take the said franchise for the shortest time, shall be considered the highest bidder; and the officer's return to the execution, shall transfer to such purchaser all the privileges and powers which belonged to said corporation, so far as relates to the right of taking toll; and the officer selling shall, forthwith, put the purchaser in possession of all toll-houses, or gates, belonging to the corporation, in any county of the State; and such purchaser shall be entitled to demand and receive all tolls that may accrue during the term of his purchase, in the same manner as the corporation was authorized to have the same: provided, that the corporation shall, in all other respects, retain the powers and be liable to the duties conferred, or imposed, by their charter; and provided also, that said corporation may, within three months from the sale, redeem the said franchise by paying to the purchaser the amount paid by him, with twelve per cent. interest thereon.

ATTACHED ON MESNE PROCESS.

SEC. 11. The said franchise of toll, with all its rights and incidents, shall also be liable to be attached on mesne process; and such process shall be served by an attested copy, with the officer's return thereon being left with the treasurer, clerk, or some director of the company, thirty days before the return day thereof.

SEC. 12. When any damages shall have been assessed against a corporation, by verdict, inquest, or otherwise, for injury done to property, if such damages shall remain unpaid for one month after the final acceptance of such report, or verdict, the party to whom such damages are assessed shall, on application, be entitled to a warrant of distress against said corporation for said damages, and interest thereon, and costs; which warrant may be executed in the same manner as herein before provided for the levying and satisfaction of executions.

ATTACHMENT OF STOCK.

SEC. 13. The shares of any person in any incorporated company, with all the rights thereto belonging, may be attached for debt, or other demands; and so many of said shares may be sold at public vendue, to the highest bidder, as shall be sufficient to satisfy the debt, or other demand, interest and costs, upon an order issued therefor by the court from which the attachment process issued, and after such notice as is required for sales upon execution process. If the debtor lives out of the county, a copy of the advertisement shall

GENERAL PROVISIONS RESPECTING CORPORATIONS. CHAP. 70. CHAP. 90, VOL. 14.

also be forwarded by mail to his address ten days before the sale, and shall be published in a newspaper printed in the county of his residence, if there be any.

on company.

SEC. 14. When stock shall be so attached, a certified copy of the Service of notice process shall be left by the officer with the president, cashier, or treasurer of the company, who shall give such officer a certificate of the number of shares held, or owned, by the debtor in such company, with the number, or other marks, distinguishing the same, any thing in the charter, or by-laws of said company, to the contrary notwithstanding.

SEC. 15. If the shares of stock, or any of them, be sold as afore- Title. said, any assignment, or transfer thereof, by the debtor, after attachment so laid, shall be void; and if, after sale made and confirmed, a certified copy of the order of sale and return be left with such president, cashier, or treasurer, the purchaser shall be thereby entitled to the shares so purchased, and all income, or dividends, which Dividends. may have been declared, or become payable thereon since the attachment laid; and such sale, returned and confirmed, shall transfer the shares sold to the purchaser, as fully as if the debtor, or defendant, had transferred the same to him according to the charter and bylaws of the company; any thing in said charter, or by-laws, to the contrary notwithstanding: provided, that no order of sale shall be Proviso. issued until after final judgment shall be rendered in any case.

SEC. 16. The money arising from the sale of such shares shall Application of be supplied and paid, by the officer receiving the same, as by law proceeds. is directed as to the sale of personal property in cases of attach

ment.

be taken in any

SEC. 17. Any proceedings under this chapter may be had in any Proceedings may county in which either the creditor, or the president, cashier, treas- county. urer, or any director of such corporation may reside, or in which there may be a toll-house, or gate, of such company.

CHAPTER 90, VOL. 14, LAWS OF DELAWARE.

AN ACT CONCERNING CORPORATIONS.

Insurance com

SECTION 1. That all corporations [doing business in] this State, except banks, saving in- Chap. 681,vol. 18. stitutions and loan associations, shall be and they hereby are declared subject to the op- Corporations subject to erations of the attachment laws of the State of Delaware, as already provided in the attachment. case of individuals; [but insurance companies shall not be liable to attachment ex- Exceptions. cept only as to moneys due in consequence of the happening of the risk provided for Chap. 140,vol. 16. in the policy of insurance,] and said corporations shall be summoned as garnishee, panies not liable to attachment for which purpose service of the summons upon the president, treasurer, cashier, or only on risks paying clerk, as provided in other attachment cases, shall be sufficient to render said provided for in policy of inofficers and the corporation subject to all the liabilities provided by the aforesaid laws, surance. and the answer of the officers so served with attachment process shall be enforced in Service of the summons; upon the same manner as is now provided by law in cases where an individual was sum- whom. moned as garnishee.

Passed at Dover, March 23, 1871.