No. 94. AN ACT To lay out a State road from a road in Pennsbury, Chester county, to the Philadelphia and West Chester road, in Delaware county; relative to the Penn Mining and Smelting Company; extending certain laws to Willistown, East Town, Sadsbury, East Brandywine, and New Garden townships, Chester county; and relating to the place of holding elections in Pocopson township, in said county. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Joseph Reed and William Taggard, of Chester county, and Samuel Palmer, of Delaware county, be, and they are hereby appointed comCommissioners, missioners to view and lay out a State road from the State road from New London to Philadelphia, where the road leading from Kennett square to Dilworthstown, intersects the same in Pennsbury, Chester county, to the Philadelphia and West Chester road, at some point between the intersection of the street road, therewith, and the fourteen mile-stone on said road. Location. Duties of Commissioners. SECTION 2. That it shall be the duty of the said commissioners to take and subscribe an oath or affirmation before a justice of the peace, to perform their duties with fidelity; to carefully view the ground over which the proposed road may pass, and lay out the same as near to a straight line as the nature of the ground will permit, so that the vertical departure from a horizontal line shall, in no place, exceed five degrees, except at the crossing of streams and ravines, where by moderate bridging and filling the declination may be preserved within that limit; to mark the route of said road on the ground, so as to enable the supervisors readily to find the same; to make out a fair and accurate draft of the same, noting thereon the courses and distances, made and filed. improvements, crossings of county and township lines, roads, waters, and such other matters as may serve for explanation, and deposite the same in the office of the Secretary of the Commonwealth, and a copy of so much thereof as passes through the respective counties, in the offices of the clerks of Quarter Sessions of Chester and Delaware, on or before the first day of September, one thousand eight hundred and fifty-two. Drafts to be SECTION 3. That the said commissioners shall have authority to Power to vacate vacate so much of any road as may be supplied by said State road, and if access to any other road shall be obstructed thereby, to connect the said other road with said State road; they shall have authority to employ a surveyor, at two dollars per day, and two chain-carriers, and one axe-man, at one dollar each per day; they shall themselves receive Compensation. one dollar and fifty cents per day for every day necessarily employed in the discharge of their duties, the said expenses shall he paid by the counties through which the road runs, in proportion to the distance it passes through each. Meeting. Vacancies. SECTION 4. That the said commissioners shall meet for the discharge of their duties as soon as convenient after the passage of this act; if any vacancy shall occur by death, resignation, refusal to serve, or otherwise, the remaining commissioners or commissioner may supply the same by appointment, a majority agreeing shall be competent to discharge all the duties. SECTION 5. That when the road is laid out, and the drafts deposited as aforesaid, it shall be the duty of the supervisors of the respective Supervisors to townships through which it passes immediately to open and make the pen and make same of the width of thirty-three feet, and thenceforth to keep the same in repair as other public roads laid out by order of court. said road. thorized to in SECTION 6. That the president and directors of the Penn mining Penn mining and smelting company are hereby authorized to increase their capital and smelting stock by the creation of five thousand additional shares of stock, at the company aurate of ten dollars per share, whenever such increase shall be directed crease capital by a majority of the stockholders of said company: Provided, That stock. said company shall pay into the State treasury one per cent. on said Proviso. increase of capital. of the act of ded to other SECTION 7. That the provisions of the first, second, third, fourth, Certain sections fifth, sixth, and seventh sections of the act entitled "An Act laying a 14th April, 1816 tax on dogs in the borough of West Chester and certain townships in taxing dogs in the county of Chester, and for other purposes," approved the fourteenth certain townday of April, Anno Domini, one thousand eight hundred and forty-six, ships in Chester be, and the same are hereby extended to the townships of Willistown, county, extenEast Town, Sadsbury, East Brandywine, and New Garden, in said county: townships in Provided, That if, at the expiration of any fiscal year, there shall re- said county. main in possession of any treasurer a greater sum than fifty dol- Proviso as to lars, after paying all orders then due, it shall be the duty of said town- the amount in ship treasurer to pay the surplus to any treasurer of the school fund of Treasurer. the district in which said tax was collected, to be applied to common school purposes therein, under the direction of the board of school directors. the hands of SECTION 8. That the qualified electors of the township of Pocopson, Change of place in Chester county, shall hereafter hold their general and township elec- of holding elections at the "Pocopson Hotel," in said township. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The fourth day of March, A. D., one thousand eight tions in Pocopson township, Chester county. hundred and fifty-two. WM. BIGLER. No. 95. AN ACT To incorporate the Erie Gas Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That P. Metcalf, John H. Walker, C. McSparren, John S. Brown, John F. Corporators. Tracey, Charles Metcalf, William L. Scott, B. Grant, and their asso Style. Privileges. Seal. Proviso. Powers. Capital stock. Proviso as to capital stock. Proviso as to borrowing mon. ey. ciates, or persons who shall become stockholders, be, and the same are hereby made and constituted a body politic and corporate, by the name and style of "The Erie Gas Company," and by the said name they and their successors shall and may have perpetual succession and shall be in law capable of sueing and being sued, pleading and being impleaded in all courts and judicatories whatsoever, and also of contracting and being contracted with, relative to the business and objects of the said corporation, as hereinafter declared, and they and their successors may have a common seal and may change and alter the same at pleasure, and they and their successors, as aforesaid, shall have power to lease, purchase in fee simple, such real estate as may be neces sary for carrying on the business of said corporation, and in their corporate name to make and execute their obligations for their liabilities created for the purchase money, for the same and other necessary effects of said corporation, as they may deem expedient: Provided, That such liabilities shall be created only for the purposes stated in this act. SECTION 2. That the corporation hereby created shall have authority of supplying with gas light the city of Erie, and such individuals residing therein as may desire a supply of the same, and for distributing and selling gas for the production of artificial light, and for making and erecting the necessary apparatus for manufacturing, distributing, and introducing the same, and constructing the requisite buildings and machinery, and purchasing and preparing the necessary materials, with the right to enter upon any public street, lane, or highway, for the purpose of laying down the pipes necessary for conducting said gas, and to repair, alter, and inspect the same. SECTION 3. That the capital stock of said company shall be sixty thousand dollars, to be divided into twelve hundred shares of fifty dollars each, with the right to increase said capital stock from time to time, as the board of directors of said company shall deem necessary: Provided, That the whole capital stock shall not at any time exceed one hundred thousand dollars: And provided further, That the said company may, as soon as ten thousand dollars is subscribed and paid in, if the board of directors shall so determine, borrow that amount of money, and thereafter may borrow money equal to any additional sum that may thereafter be subscribed and paid in, and execute a mortgage or mortgages, pledge or pledges of the property and effects of said corporation, for the security of the re-payment of the amount borrowed, or give such other evidences of indebtedness as may be agreed upon: Proviso as to Provided, That no bond or other evidences of indebtedness be issued bonds and other for a sum less than one hundred dollars, and that no increase of said capital stock, in manner aforesaid, shall be permitted, unless the stock. holders holding a majority of the stock already subscribed, shall first give their written consent thereto. evidences of indebtness. Management and control vested in the per SECTION 4. That the management and control of "The Erie Gas Company" shall be vested in the persons named in the first section of this act, until the period herein fixed for the regular election of direcsons named in tors of said company, who shall choose from their number a president, the first section. treasurer, and secretary, and that the stockholders of said company Annual meeting shall meet annually on the first Monday in May, at such place as they of Stockholders. shall determine upon, and elect nine directors for said company, all of Officers. Votes. whom shall be stockholders, who shall select from their number as aforesaid, a president, secretary, and treasurer for said company, the notice of such election for directors as aforesaid, and the manner of conducting the same, to be provided for in the by-laws of said company, and each stockholder shall be entitled to one vote at such election for every share owned by such stockholder, and no share shall confer a right of voting which shall not have been holden one calendar month prior to the day of election, nor unless it be holden by the person in whose name it appears absolutely and bona fide, in his or her own right, or in the right of his wife, or for his or her sole use and benefit, as an executor, administrator, trustee, or guardian, or in the right and for the use of some co-partnership, corporation, or society, of which he or she may be a member. SECTION 5. That said company shall procure certificates or evidence Certificates of of stock for all the shares of the said company, and shall deliver one stock. such certificate signed by the president and countersigned by the secretary, and sealed with the common seal of said corporation, to each person for such share or shares of stock as by him or her are respectively owned, which certificate of stock shall be transferable at his or her pleasure, in person or by attorney duly authorized, in the presence of the president or secretary, in a book to be kept by the said corporation for that purpose. SECTION 6. That the board of directors of said company shall meet Board of Direc at such times and places as shall be provided in the by-laws of said tors. company, five of whom shall be a quorum, who, in the absence of the president, may choose a chairman, and shall keep minutes of their transactions fairly entered in a book, and a quorum being formed, they Quorum. shall have full power and authority to purchase lands for the gas works and erect the same, to appoint all officers, and employ such assistants Duties. as shall be necessary to carry out the objects of this corporation, to direct what orders shall be drawn upon the treasurer, which shall be signed by the president and countersigned by the secretary, to fix all salaries and rates for the use of the gas, to enact by-laws for the proper regulation and government of said corporation, and generally to do such matters, acts, and things, as by this act and the by-laws of such corporation they are authorized to do. SECTION 7. That the board of directors of said company shall de- Dividends. clare dividends of so much of the nett profits of the company, as shall appear to them advisable, on the first Mondays of June and December of each year, which shall be paid to the stockholders on demand, ten days after the same shall have been declared. the gas main or SECTION 8. That if any person or persons shall open a communica- Penalty for tion into the gas main, or other gas pipe of said company, without opening commuauthority from the street inspector or other authorized agent of said nications into company, or shall let on the gas after it has been stopped by order of other gas pipe said inspector or other authorized agent of said company, for repairs without authoror any other cause or purpose, or shall put up any pipes or burners in ity. addition to the pipes originally put up and inspected, and introduce into them the gas without authority as aforesaid, he, she, or they shall be subject to a penalty of not less than five, nor more than fifty dollars, to be recovered before any justice of the peace, as debts of like amount are by law recoverable, one-half to be paid to the informer and the other half to said company. SECTION 9. That if any person shall wilfully or maliciously do, or Penalty for inju cause to be done, any act or acts whatever, whereby any building, con- ries to Compastruction, or works of said company, or any gas pipe, gas post, burner, ny's works. or reflector, or any matter or thing appertaining to the same, shall be stopped, obstructed, injured, or destroyed, the person or persons so offending shall be considered guilty of a misdemeanor, and may be thereof indicted in the Court of Quarter Sessions, and on conviction thereof shall be punished by fine not exceeding five hundred dollars, or imprisoned not exceeding one year, or both, in the discretion of the Proviso. quired to refill, openings in streets &c. sive. court: Provided, That such criminal prosecution shall not in any way impair the right of said company to a full compensation in damages by civil suit. SECTION 10. That the said company shall be required, without unnecessary delay, to refit, repair, and place in a safe condition, all openings made in the streets, lanes and highways of said city, occasioned by the laying, refitting, or examining the gas pipes, or for any other cause connected with the business of said company, at the expense of said company, and to be approved of by the city street committee, that the gas works and fixtures shall be so located as not to prove noisome, or injure the public health, that said company shall furnish the gas, lighting up the streets, alleys and lanes of said city, as well as to afford light for the council rooms, public stations, market house, and all other public buildings which said city may hereafter erect, at a deduction of five per centum from the rates charged property holders and others by said company. When privileges SECTION 11. That if said company shall erect the gas buildings, and granted by this lay down and construct the gas pipes and other appurtenances, and act to be exclu- shall proceed as hereinbefore provided to furnish the inhabitants of said city with light from the gas manufactured by said company, at a price not exceeding the average rate charged by other cities, boroughs, or towns, upon the shore of Lake Erie, whether in the State of New York, Ohio, or Pennsylvania, wherever gases are manufactured by private incorporated companies, or may hereafter be manufactured by private companies, then the privileges hereby granted to be exclusive but not otherwise; it shall not be lawful for the agent or agents, or other officers of said company, to stop off the gas from any consumer, except for the purpose of repairs or unavoidable accident, who is willing to pay, and tenders the amount due by such consumer for gas already consumed, according to the rate as fixed by this section. APPROVED-The fifth day of March, A. D., one thousand eight hun dred and fifty-two. WM. BIGLER. |