the preceding years shall in that case continue to act, and be invested SECTION 9. That the president and managers first chosen shall pro- Certificates of cure certificates or evidence of stock for all the shares of the said com- stock. pany, and shall deliver one such certificate, signed by the president and countersigned by the secretary, and sealed with the common seal of the said corporation, to each person for such share or shares of stock as by him or her are subscribed and held, which certificates or evidence of stock shall be transferable at the pleasure of the holder, in person or by attorney duly authorized, in the presence of the president or treasurer of said company, in a book to be kept by the said corporation for that purpose, subject, however, to all payments due or to become due thereon, and the assignee holding any certificates transferred as aforesaid shall be a member of said corporation, and for every certificate assigned to him or her as aforesaid shall be entitled to a share or shares as therein mentioned, of the capital stock, of all the estates and emoluments of the said corporation, incident to such share or shares, and to vote as aforesaid at the meetings thereof, and shall be subject to all penalties and forfeitures, and of being sued for all the balance and penalty due or to become due on each share, as the original subscriber would have been. stalments. SECTION 10. That if, after ten days' notice in one newspaper pub- Penalty for faillished in the city of Allegheny, of the time and place appointed for ure to pay inthe payment of any proportion or instalment of said capital stock in order to carry on the works of said company, any stockholder shall neglect to pay such proportion or instalment at the place appointed for the space of thirty days after the time so appointed, every such stockholder or his assignee shall, in addition to the instalment so called for, pay at the rate of two per centum per month for the delay of such payment, and if the same and the additional penalty shall remain unpaid for the space of sixty days after the expiration of the first thirty days the said share or shares and all money paid therein shall be forfeited to the said company, and may be sold to any person or persons willing to purchase for such price as can be obtained for the same, that in default of payment by any stockholder of any such instalment as aforesaid, the president and managers may, at their election, cause suit to be brought before an alderman or justice of the peace, or in any court having competent jurisdiction for the recovery of the same, together with the penalty aforesaid, that in case of the transfer or assignment of any such share or shares on which default has been made as aforesaid, the president and managers of the said corporation may bring suit as aforesaid either against the person who assigned or transferred the said share or shares, or the person to whom such transfer or assignment was made, for the recovery of any unpaid instalment, together with the penalty aforesaid: Provided, That the said president and Proviso. managers are hereby authorized, if they consider it advisable, to dispose of any of the said stock in payment of pipes, castings, and other articles and materials necessary for the construction of said works, and for the extension of the mains and enlargement of the works, on such terms as they may deem for the interest of said corporation: And Proviso. provided, That such stock shall not be sold for less than the par value thereof. Annual state SECTION 11. That the president and managers shall keep accurate accounts of their receipts and expenditures, and shall submit to the stockholders, at their annual meeting in May, a full report of all their transactions and the condition of said company, and shall declare a ment of affairs. dividend of so much of the nett profits of the company as shall appear to them advisable, on the first Mondays of May and November every year, which shall be paid to the stockholders, on demand, ten days after the same shall have been declared: Provided, That no dividend shall be paid to any stockholder who is indebted to the works, nor on any stock on which any instalment shall be due and unpaid, nor shall any dividend be declared that shall impair or reduce the capital stock of the works. Proviso. Penalty for other gas pipe ity. SECTION 12. That if any person or persons shall open communicaopening commu- tion into the street gas mains, or other gas pipes of the said company nications into without authority from the superintendent or the authorized agent of the gas main of said company, or shall let on gas after it has been stopped by order of without author. the said superintendent or other authorized agent of said company for repairs, or any other cause or purpose, or shall put up any pipes or burners in addition to the pipes or burners original put up and inspected, and introduce the gas into them without authority as aforesaid, he, she, or they shall be subject to a penalty of not less than ten nor more than fifty dollars for each and every such offence, to be recovered as debts of like amount are recoverable by law, one-half to be paid to the informer and the other half to the said company. Penalty for ma company's works. SECTION 13. That if any person shall wilfully or maliciously do or licious injury to cause to be done any act or acts whatever, whereby any building, construction, or works of the said company, or any gas pipe, gas post, burner, or reflector, or any matter or thing appertaining to the same, shall be stopped, obstructed, injured, or destroyed, the person or per sons so offending shall be considered guilty of a misdemeanor, and being thereof indicted and convicted in the Court of Quarter Sessions, shall be punished by fine not exceeding one hundred dollars or imprisonment not exceeding one year, or both, at the discretion of the court: Provided, Such criminal prosecution shall not in any manner impair the right of action for damages by a civil suit hereby authorized to be brought for any such injury as aforesaid by and in the name of said corporation, in any court in this State having jurisdiction of the same. Capital stock. To regulate the price of gas. Proviso. Continuance of act. Proviso. SECTION 14. That the capital stock of said company shall be one hundred thousand dollars, to be divided into four thousand shares of twenty five dollars each, which may be increased to the sum of two hundred thousand dollars, by a vote of a majority of the stockholders present at a general meeting to be called for that purpose, and on such terms as the president and managers may ordain and determine. SECTION 15. That the president and managers shall have power to declare and regulate the price of gas to be furnished to private consumers, and to public lamps, and to prescribe and adopt rules and regulations for the supply thereof and enforce the same: Provided, That said company shall furnish the gas which the corporation of the city of Allegheny may require for lighting up the streets, alleys, lanes, avenues, common ground, and highways of said city, and all the public buildings belonging to said corporation or which they may hereafter erect, at a deduction of fifty per centum from the rate charged to property holders and others, by said company. SECTION 16. That this act of incorporation shall continue and remain in force for thirty years after the date hereof: Provided, That the right to alter, amend, or revoke the charter hereby granted, is reserved to the Legislature, on condition, however, that such right shall not be SECTION 17. That if the said president and managers shall deem it In case of failinexpedient to erect works at the present time, for the manufacture of u e to erect gas, they are hereby authorized and empowered to employ the capital works, approof the said Allegheny gas company, or as much as they may deem priation of capinecessary in laying pipes for the distribution of gas for public and private illumination, and to contract for and purchase from any other person or persons or corporation, the gas to be used and sold by them. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate.. APPROVED-The eighteenth day of March, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. tal. No. 123. AN ACT For the relief of Joseph Jackson, of Chester county; to vacate Schuylkill alley, in the city of Philadelphia, and relative to the West Philadelphia Gas Company. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That The Canal Commissioners be, and they are hereby authorized and re- Claim of Joseph quired to examine the claim of Joseph Jackson, of Chester county, for Jackson. damages sustained on the Columbia and Philadelphia railroad, arising from the destruction of his market cars, and if it should appear upon examination that said damages were occasioned by the improper manage- ' Schuylkill alley vacated. ment of engineers on said railway, that they report the same to the Legislature, as soon as practicable, together with the facts. SECTION 2. That a certain alley called Schuylkill alley, as laid out in Philadelphia from Quince street to Twelfth street, and between Spruce street and Pine street, in the city of Philadelphia, is hereby vacated, and the title to the soil to the middle of said alley is hereby vested in fee simple in the owners of ground fronting thereon. Construction of SECTION 3. That the supplement to the act to incorporate the West supplement in Philadelphia gas company, approved twelfth day of April, one thousand relation to Phila- eight hundred and fifty-one, shall be construed to give to said corporadelphia gas com- tion, in addition to the rights, privileges, and powers, given by said pany. act, the power to purchase gas from the city of Philadelphia, or other municipal corporation, or from any individual, or individuals, or associ ation of individuals or corporation whatsoever, and to sell the same to any persons in the district of West Philadelphia and township of Blockley, and that said company shall have the same rights, privileges, and powers, when one thousand shares of the capital stock of the same shall have been subscribed, as are provided for when two thousand shares shall have been subscribed, as set forth in section third of an act incorporating said company, and that the power given in section thir teenth of said act, shall be confirmed and further extend to the township of Blockley. APPROVED-The eighteenth day of March, A. D., one thousand eight hundred and fifty-two. WM. BIGLER Corporators. No. 124. A SUPPLEMENT To the act to incorporate the Mount Eagle and Tremont Railroad 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 in lieu of commissioners to open books, receive subscriptions, and organize a company by the name, style, and title, of the Tremont and Mount Eagle railroad company, Algernon S. Roberts, John M. Canles, and Henry K. Strong, of the city of Philadelphia, Francis W. Hughes, and Samuel Sillyman, of the county of Schuylkill, and such other persons as shall become shareholders in the capital stock of the said company, are hereby incorporated into a body politic in deed and in law, with all the powers and privileges conferred upon the stockholders by the act incorporating the Mount Eagle and Tremont railroad company, railroad. and they are hereby authorized and empowered to issue, sell, and Privileges. transfer the capital stock of the said company, and to apply the proceeds thereof to the construction of the railroad authorized by this act, and by the third and fourth sections of the act to which this is a supplement, and the said company is hereby authorized to borrow a sum of money for the purposes aforesaid, not exceeding one hundred thousand dollars, and to issue their bonds or obligations for the same in sums not less than one hundred dollars each, and to mortgage the road, and the franchises of the company as security therefor. SECTION 2. That in addition to the powers already granted, the com- Extension of pany are authorized and empowered to extend their railroad from any point of the same, and to connect the extensions with any railroads used for the transportation of coal in the counties of Dauphin and Schuylkill, and also to make and construct a railroad with the right to connect the same with the Mine Hill and Schuylkill Haven railroad, at any point within one mile of the village of West Wood, and extending into the borough of Pottsville, with the right to connect with any railroad passing into or alongside of said borough, at any point within a mile of the same: Provided, That this act shall not be con- Proviso. strued to authorize any extension occupying the same route and running parallel with any other railroad eastward from the town of Tremont. SECTION 3. That the company shall have the right to charge the Tolls. same amount per mile for tolls, freight, motive power, use of cars, and the transportation of passengers, as the Mine Hill and Schuylkill Haven railroad company are now allowed by law to charge on their road. SECTION 4. That so much of any act or acts of Assembly to which Repeal. this is a supplement, as are altered or supplied, or shall in any manner conflict with the provisions hereby enacted, be, and the same are hereby repealed. SECTION 5. That the said company shall have power to make such Further powers. regulations as to charges on freights and tolls on said road, as they may deem proper: Provided, That the toll shall not exceed one and a-half Proviso. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The eighteenth day of March, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. |