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WM. T. HAMILTON, ESQUIRE, GOVERNOR.
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619
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at any time or times, to consolidate and form a
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Consolidate
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union with either the Philadelphia, Wilmington
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and form a
union.
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and Baltimore Railroad or the Delaware Railroad
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Company, by agreement between the boards of di-
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rectors of said companies so authorized to consolidate,
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upon such terms and conditions as to them may
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seem best; said agreement to be executed under the
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corporate seal of the respective companies, and ap-
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How executed
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proved by a two-thirds vote of the stockholders
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present or represented at any annual meeting, or at
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any special meeting called for that purpose after
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thirty days notice by publication in one or more
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newspapers of this State.
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SEC. 2. And be it enacted, That when any
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such agreement shall have been approved by the
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Manner of ex-
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stockholders of the respective companies, and the
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ecuting.
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fact of such approval certified thereto by the
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respectives secretaries, under seal, it shall be filed
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in the office of the Secretary of State, and there-
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upon the said two or more corporations agreeing
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aforesaid shall be taken to be one corporation in
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law, by the name provided in said agreement,
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possessing all the property, powers, rights and
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franchises, immunities and privileges of the several
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corporations consolidated and united as aforesaid,
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and subject to all the restrictions, disabilities and
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duties of each of such corporations, save as far as
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modified by such agreement; provided that all
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rights of creditors and all liens upon the property
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Rigthts of cred-
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of either of said corporations shall continue unim-
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itors to con-
tinue.
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paired, and the respective corporations may be
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deemed to be in existence to preserve the same ;
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and all debts, duties and liabilities of either of said
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companies shall thenceforth attach to the consoli-
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dated company, and may be enforced against it to
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the same extent and by the same process as if said
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debt, duties and liabilities had been contracted by
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it; and provided further, that a certified copy of
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the said certificate and copy of agreement so to be
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filed in the office of the Secretary of State shall be
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evidence of the lawful holding and action of such
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Lawful evi-
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meeting, and of the consolidation of such compa-
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dence.
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nies. If any stockholder in any company which
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shall be consolidated with any other company or
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companies under this law shall be dissatisfied with,
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or object to such consolidation, it shall be lawful for
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