shall not be less than two thousand dollars for every mile of 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 shall subscribe thereto his name, place of residence 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.

7. The name of the City, town, county or place within the county, in this State, in which its principal office or place of business will be located in this State.

SEC. 137. Approval of Judge; Filing, &c.; Additional Powers: Said articles of association shall be presented to one of the Judges of the Superior Court of the State of Delaware, who shall examine the same, and if found to conform to the requirements of this Chapter shall endorse his certificate thereon accordingly. On compliance with the foregoing provision and the requirements of the next succeeding section, which latter shall be evidenced by the receipt of the State Treasurer, delivered to the Secretary of State, such articles of association may be filed in the office of the Secretary of State, who shall endorse thereon in writing the day they are filed, and record the same in a book to be provided by him for that purpose; and upon tendering the said articles to the Secretary of State to be filed, the persons who have so subscribed such articles of association and all persons who shall become stockholders in such corporation shall be a corporation by the name specified therein; every such corporation formed under this Chapter, in addition to the general powers hereinbefore in this Chapter set forth, shall have power:

1. To have authority, by its officers and servants, to enter upon the lands or waters of any person or persons, which may be necessary, to make such examination and surveys for its proposed railway as shall be required to be made, in the selection of the most advantageous route, but subject at all times to responsibility for all and any damages which shall be done to the property of any such person or persons.

2. To aid in the construction, operation and maintenance and accommodation of its railway, may take and hold such voluntary grants of real estate and other property as shall be made to it, but, in all instances, the real estate received as a voluntary grant shall be held and used for the purpose of such grant only.

3. For the sole purpose of the construction, operation and naintenance of its railway, and the stations and other accommodations necessary to accomplish the object of its incorporation, it may purchase, hold and use all such real estate and other property as may be necessary.

4. To construct its road and lay out the same as hereby provided and for the purposes of cuttings and embankments to take as much more land as may be necessary or required for the proper construction and security of the road.

5. To use and exercise all other rights and powers hereby granted. To lease all or any part of its real and personal property, together with its franchises.

SEC. 138. Preliminary Requisites to Incorporation; Capital Stock; Deposit With State Treasurer; Conditions of; Affidavit of Payment:-Articles of association, in compliance with the provisions of Sections 136 and 137 of this Chapter, shall not be filed and recorded in the office of the Secretary of State until at least five hundred dollars of stock for every mile of railway proposed to be made is subscribed thereto and paid, in good faith and in cash, to the directors named in said articles of association, nor until the said directors shall have deposited the said moneys so subscribed and paid to them with the State Treasurer, who is constituted the custodian of the same, and shall hold the same, subject to be repaid to the directors of the said corporation, or to the treasurer thereof, in sums of five hundred dollars for each mile of said railway, upon the construction of which it shall be proved, to his satisfaction, that the said corporation has expended at least the sum of five hundred dollars, nor until there is endorsed on such articles of association, or annexed thereto, an affidavit, made by at least three of the directors named in said articles of association, that the amount of stock required by this section has been in good faith,

subscribed and paid in cash as aforesaid, and that it is intended, in good faith, to construct or maintain and operate the railway mentioned in such articles of association, which affidavit shall be recorded with the articles of association as aforesaid.

SEC. 139. Subscriptions to Capital Stock:-The directors named in said articles of association may, when such articles of association and affidavit are filed and recorded in the office of the 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 per centum on the amount subscribed by him, in money, and no subscription shall be received or taken without such payment.

SEC. 140. Directors; How Chosen; Qualification:-There shall be a board of not less than five directors of every corporation formed under this Chapter for the purpose of constructing and operating railways, to manage its affairs. Said directors shall be chosen annually in the same manner that is provided for the choosing of directors for railroads as provided in Section 107 of this Chapter, and the inspectors to hold the first election shall be appointed by the board of directors named in the articles of association; no person shall be a director unless he shall be a stockholder owning stock absolutely in his own right, and qualified to vote at the election at which he shall be chosen; at every election of directors the books and papers of such company shall be exhibited to the meeting and subject to the inspection of those present, provided a majority of the stockholders present shall require it.

SEC. 141. Organization; By-Laws:-Within thirty days after the articles of association are filed in the office of the Secretary of State, the directors therein named shall organize by the election of one of their number president; they may also elect a treasurer and secretary and adopt such by-laws as may appear to be proper and right for the government of the corporation.

SEC. 142. Stock; Personal Estate; How and When Transferable:-The stock of every company formed under this Chapter shall be deemed personal estate and be transferable in the manner prescribed by the By-laws of the company, but no share shall be transferable until all previous calls thereon shall have been paid.

SEC. 143. Eminent Domain:-Whenever any corporation created under this Chapter for constructing, maintaining and operating a railway, cannot agree with the owner or owners of any land, sand, earth, gravel or other materials necessary to be taken and used in the construction of the said railway, for the purchase thereof, the said corporation may proceed for the condemnation thereof in the manner provided for in Section 110 of this Chapter in relation to railroads; and when the damages ascertained therefor in the manner provided in said section shall have been paid or deposited in the proper bank as therein provided, the corporation shall become entitled to have, hold, use and enjoy the said lands and materials for the purposes by them required, forever.

SEC. 144. Railway; Width; Right of Entry; Surveys; Payment of Damages; Construction; Route; Return of Deposit With State Treasurer; Straightening, Widening and Improving: Any railway constructed under the provisions of this Chapter shall not exceed forty feet in width, unless more land shall be required for the slopes of cuts and embankments, with as many sets of tracks and rails, as such corporation may deem, necessary; and it shall be lawful for such corporation, its agents, engineers, superintendents, or others in its employ, to enter at all times upon all lands or waters for the purpose of exploring, surveying, leveling and laying out the route or routes of such railway, and of locating the same, and all necessary works, buildings, conveniences, appurtenances and appendages thereof, doing no unnecessary injury to private or other property; and when the route or routes of such railway and the location or locations of all other works, buildings, conveniences, appurtenances and appendages thereof, shall have been determined

upon, and a survey of any such route or routes, location or locations deposited in the office of the Secretary of State, then it shall be lawful for every such corporation formed under this Chapter, upon payment or tender of such compensation as hereinbefore provided, by its officers, agents, engineers, superintendents, workmen and other persons in their employ, to construct, maintain and operate a railway with a single or double track, with such side tracks, turnouts, offices, stations and depots as they may deem necessary at and between the places named in the articles of association, and from time to time, either before or after the completion of the main line, construct, maintain and operate branches within the limits of any county through which said railway may pass, lay rails, and for that purpose to enter upon, take possession of, hold, have, use, occupy and excavate any lands, and erect any embankments, bridges and all other necessary works, and to do all other things which may be suitable for the completion, repairs or management of said railway, and for the conveyance of passengers and freight to and from the termini thereof by motive power other than steam; provided, always, that the payment or tender of payment of all damages for the occupancy of all lands through, under or upon which the said railway and its conveniences, appurtenances and appendages may be laid out or located be made before the said corporation, or any person under its direction or employ shall enter upon or break ground in the premises, except for the purpose of surveying and laying out said railway and its conveniences, appurtenances and appendages and of locating the same, unless the consent of the owner or owners of such lands be first had and obtained; and provided further, that the survey of the route of any branch shall not be filed in the office of the Secretary of State until the officers or directors of the corporation shall have deposited with the State Treasurer a sum equal to at least five hundred dollars for every mile, and a proportionate sum for any distance less than a mile, of such branch which it is proposed to construct, and the said treasurer shall be custodian of such fund, and shall hold the same subject to be repaid to the directors or treasurer of such company