SEC. 168. Subscriptions to 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. 169. Directors; How Chosen; Qualifications:-There shall be a Board of not less than five Directors of every corporation formed under this Chapter for the purpose of locating, building, constructing, maintaining and operating a Boulevard, 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. 170. 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. 171. Stock; Personal Estate; How and When Transferable: The stock of every corporation formed under this Chapter shall be deemed personal estate and be transferable

in the manner prescribed by the By-laws of the corporation, but no share shall be transferable until all previous calls thereon shall have been paid.

SEC. 172. Eminent Domain; Damages:-Whenever any corporation organized under this Chapter for locating, building, constructing, maintaining and operating a Boulevard, cannot agree with the owner or owners of any land, building, sand, earth, gravel or other materials necessary to be taken and used in the construction of the said Boulevard, 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, for the purpose of locating, building and constructing the portion of said Boulevard devoted to the said road for vehicular travel, any such corporation, whenever it cannot agree with the owner or owners of, proprietor or proprietors of, or any agency, governmental or otherwise, having control of, any road, bridge or other structure necessary to be taken or used in the location and construction of said road for vehicular travel, for the use thereof, may proceed in like manner for the condemnation thereof; and when the damages ascertained therefor in the manner provided in said Section 110 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, materials, or other things above mentioned, for the purposes by it required, forever.

SEC. 173. Width of Boulevard; Right of Entry; Surveys; Approval by Commission; Payment of Damages:-Any Boulevard located, built and constructed under the provisions of this Chapter, shall not exceed two hundred feet in width, and it shall be lawful for any Boulevard corporation organized under the provisions of this Chapter, 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 the Boulevard contemplated by such corporation, 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 Boulevard and the location or locations of all other work, buildings, conveniences, appurtenances and appendages thereof shall have been determined upon and a survey or surveys 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 build, construct, maintain and operate a Boulevard at and between the places named in the Articles of Association; provided, however, that it shall not be necessary for said corporation to determine upon the entire length of the route or routes of such Boulevard or to deposit in the office of the Secretary of State a survey or surveys of the entire route or routes, location or locations, thereof, at one and the same time, as a condition precedent to the building, constructing, maintaining and operating of any part of said Boulevard, but it shall be lawful for such corporation, so organized as aforesaid, to determine upon and deposit in said office surveys of sections or portions of the route or routes of such Boulevard not less than ten miles in length, and upon determining upon and depositing a survey of any one or more of such sections of said Boulevard, and upon payment or tender of such compensation as hereinbefore provided, it shall be lawful for every such corporation, by its officers, agents, engineers, superintendents, workmen and other persons in their employ, to build, construct, maintain and operate such section or sections of said Boulevard, the route of which shall have been determined as aforesaid and a survey of which route shall have been filed as aforesaid; provided further, however, that all such sections of said Boulevard when completed shall form one continuous Boulevard within the meaning of this Chapter; and provided further however, that no route or routes for such Boulevard, or for any such section thereof, can be finally determined upon by any such Boulevard corporation until such route has been submitted to the Commission created by Section 167 of this Chapter for the approval of said

Commission, and no survey of any such route, or routes, or section thereof, shall be deposited in the office of the Secretary of State, as aforesaid, unless such survey bears endorsed thereon the approval of said Commission. And it shall be lawful for any such corporation to do all other things which may be suitable for the completion, repair or management of said Boulevard, or any part thereof, or any of the franchises appurtenant and belonging thereto, subject to the provisions in this Chapter contained that the portion of said Boulevard devoted to the road for vehicular travel shall, after its conveyance to the State of Delaware, be repaired, maintained and managed by the State in the manner and subject to the provisions of this Chapter; provided, always that the payment or tender of payment of damages for the occupancy of all lands through, under or upon which the said Boulevard 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 Boulevard 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.

SEC. 174. Use of Roads and Bridges; Crossings of Canals, Streams and Railroads:-Every Boulevard corporation organized under the provisions of this Chapter, in the location, building and constructing of its Boulevard, for the purpose of locatl ing, building and constructing the road for vehicular traverequired to be built by it and to be conveyed to the State of Delaware, as a part of such road, shall have, and it is granted, the right to use and widen existing roads when desirable, the right to use existing bridges, the right to cross railroads, railways, streams and other existing roads in such manner as shall be reasonably safe and practicable, the safety and practicability of such crossings to be determined by the Commission created by Section 167 of this Chapter. Any such Boulevard corporation, in the building and constructing of the road for vehicular travel required by it to be built and constructed and conveyed to the

State, shall have the right to cross any canal, navigable stream or water-course between the termini of said road, but where such crossing is other than by an existing bridge it shall be in such manner as not unnecessarily to impede the navigation and use of such canal, navigable stream or water-course. Where the said road for vehicular travel crosses any railway or railroad intervening between its termini, the Boulevard corporation building and constructing such road shall have power to acquire the necessary easement for such crossing, either by agreement with the corporation owner thereof or, on failure to agree, by condemnation proceedings in the manner prescribed by Section 110 of this Chapter.

SEC. 175. Commencement and Completion; Limitations of: Any Boulevard corporation created under the provisions of this Chapter shall commence the surveys of its Boulevard within two months from the date of its organization and shall complete the whole of the said road for vehicular travel required to be built and constructed by it within six years from the date of its organization; provided that, if any such corporation shall fail to comply with the provisions of this Section, it shall thereby forfeit the franchises given it by this Chapter and shall also forfeit all or any portion remaining of the money deposited by it with the State Treasurer under the provisions of Section 166 of this Chapter; provided further, however, that if any such corporation shall be restrained, prevented or enjoined by any proceedings whatever at law or in equity from prosecuting the work of building and constructing said road, the time during which any such corporation shall be so restrained, prevented or enjoined shall not be taken or computed as any part of the time allowed and limited in this Section for the building and completing of said road.

SEC. 176. Construction and Operation of Railway; Powers in Relation to:-Every Boulevard corporation organized under the provisions of this Chapter shall have the right, power and authority at any time to construct, maintain and operate, upon that portion of the strip of land acquired by it for the purposes