may be lawful for such stockholder within thirty days after the filing of said agreement in the office of the Secretary of State, as hereinbefore prescribed, to apply by petition to any Judge of the Superior Court for any County in this State wherein any part of the railway so leased or merged is situated for the appointment of three disinterested commissioners who shall estimate and appraise the value of the share or shares of such stockholder, without regard to any depreciation resultant from such lease, and the award of said commissioners, or any two of them, when confirmed by the Court, shall be final and conclusive; and thereupon the lessee or acquiring company shall pay to such stockholder the value of his shares as ascertained by said appraisement, and said shares shall thereupon in case of merger be extinguished and in case of lease shall become the property absolutely of the lessee company, and the same shall be thereafter owned, held or disposed of by the latter as its directors may determine, authorize and direct. The commissioners shall make their award in writing in triplicate original, and shall deliver one of such originals to each party and file the other with the clerk of the court within five days after completing the same; and if either party be dissatisfied with such award, exceptions thereto shall be filed on or before the first day of the term of Court succeeding the date of the award; and thereupon the Court shall fully hear and consider the said exceptions, and either affirm the said award or set the same aside, as it shall determine, and if set aside, appoint three other disinterested commissioners to make another appraisement.

SEC. 154. Fees to State:-Every railway corporation organized under this Chapter shall be required, upon filing its certificate, to pay to the Secretary of State the fees hereinbefore in this Chapter provided for; and also pay such tax or taxes as are or may be imposed by law or by any authority having jurisdiction.

SEC. 155. Use of Street Where Another Track is Laid, Prohibited; East Fourth Street Between Church Street and Wharf in Wilmington; Regulation of Use: No railway shall be authorized or empowered hereunder nor shall any consent

or authorization of any board of officials, city, county or hundred, be held to authorize any railway to be constructed, maintained or operated upon any street upon which any track is laid and the road is in operation at the time when such authority or consent is asked for.

Provided, however, that if in the opinion of the Board of Directors of the Street and Sewer Department of the City of Wilmington the use by another railway company of East Fourth Street between Church Street and the wharf on the Christiana River at the foot of said East Fourth Street will promote the public interest, it shall and may be lawful for said Board of Directors to authorize the construction, maintenance and operation of another railway upon said East Fourth Street between Church Street and the wharf on the Christiana River at the foot of said East Fourth Street;

Provided further however, that such railway company so authorized to use East Fourth Street shall have been duly created under and shall have fully complied with the provisions of this Chapter, and is actually engaged in the maintenance and operation of a railway or railways in the City of Wilmington.

SEC. 156. Lines of Telegraph and Telephone for Use of Railroad or Railway: It shall be lawful for every railroad or railway corporation organized under the provisions of this Chapter or existing under the laws of this State and they are authorized and empowered to erect, establish and maintain, a line or lines of telegraph or telephone for their own use, along and upon the lands and right of way of such railroad or railway corporations.

SEC. 157. "Directors", "Managers", "Railroad" and "Railway" Defined:-Whenever the words "DIRECTORS" and "MANAGERS" appear in any of the provisions of this Chapter, they shall be construed to be synonymous terms; and whenever the word "RAILROAD" occurs it shall be construed to be a road, the engines, cars, carriages and coaches on which are propelled by steam power; and whenever the word "RAILWAY" occurs, it shall be construed to be a road, the cars car

riages and coaches on which are propelled by electricity, by cable, motor or by any improved motive power, other than steam.

SEC. 158. Copy of Charter and Affidavit; Presumptive Evidence of Incorporation:-A copy of any articles of association for the construction of railways filed and recorded in pursuance to the provisions of this Chapter, or of the record thereof, with a copy of the affidavit aforesaid, endorsed thereon or annexed thereto, and duly certified to be a copy by the Secretary of State, shall be presumptive evidence of the incorporation of such corporation and of the facts therein stated.

CORPORATIONS-Article 9.

Canal Companies.

SEC. 159. Eminent Domain:-Whenever any person, corporation or the United States, being empowered by Act of Congress to construct, maintain and operate a canal, within and across the State of Delaware, cannot agree with the owner or owners of any franchises, land, sand, earth, gravel or other material necessary to be taken and used in the construction of the said canal, for the purchase thereof, the said person, corporation or the United States 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 said person, corporation or the United States shall become entitled to have, hold, use and enjoy the said franchises, lands and materials for the purposes by them required forever.

CORPORATIONS-Article 10.

Boulevard Corporations.

SEC. 160. Boulevard Defined:-A boulevard within the contemplation of this Chapter is defined to be a broad strip of land upon which must exist a well built road for vehicular travel; and upon which may be constructed, maintained and operated

a railway or railways; and beneath the surface of which may be laid, maintained and operated pipes and conduits for distributing steam, heat and power; and along which, either by poles and wires above the surface or by pipes, or conduits, and wires below the surface, electricity and electric current may be distributed for any purpose whatsoever; and beneath the surface of which may be laid, maintained and operated pipes, tubes, mains and conduits for the distribution or transportation of gas, water or oil or any other useful article; and upon, or under the surface of which may be constructed and operated telegraph or telephone lines, by means of poles and wires, or cables, or underground conduits or otherwise; and which may be beautified by trees, grass, flowers and shrubbery; and which may also be used for any other purpose not unlawful and not necessarily detrimental to the use of the said road for vehicular travel.

SEC. 161. Boulevard Corporation; How Formed; Articles of Association:-Any number of persons not less than five may form a corporation under the provisions of this Chapter, which corporation, so formed as aforesaid, shall have perpetual succession for the purpose of locating, building, constructing, maintaining and operating a boulevard extending from some place in the northern part of New Castle County, by as nearly a straight course as may prove feasible and desirable, through the State of Delaware to the Southern boundary thereof, and which corporation shall do and perform the several matters and things hereinafter stated and shall have and exercise all the rights, franchises, powers and privileges hereinbefore and hereinafter conferred and be subject to all the duties, limitations, restrictions and liabilities hereinafter imposed upon such corporations; and for that purpose may make and sign Articles of Association, in lieu of the Articles of Association hereinbefore required by the provisions of this Chapter for corporations generally and for railroad corporations and for railway corporations. in which shall be stated:

1. The name of the corporation.

2. The place in the northern part of New Castle County

from or near which and the place at the southern boundary of the State to or near which such Boulevard is to be built and constructed.

3. The estimated length of such Boulevard.

4. The amount of the capital stock of the corporation, which shall not be less than Two thousand dollars for every mile of such Boulevard proposed to be constructed.

5. The number of shares of which said capital stock shall con sist.

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. 162. 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 Section 166 of this Chapter, 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 recording Articles of Association of railway corporations; and upon tendering the said Articles to the Secretary of State to be filed, the persons who have so subscribed such Articles of Incorporation and all persons who shall become stockholders in such corporation shall be a corporation by the name specified therein; every such cor