name, the subscribers shall have perpetual succession, and be able to Privileges. sue and be sued, plead and be impleaded, in all courts of record and elsewhere, and by the said name, the said corporation shall have power and authority, to manufacture and sell gas, to be made of bituminous coal or other materials, for the purpose of lighting the streets, buildings, manufactories, and other places, in the borough of West Chester, and to purchase, have, hold, receive, and enjoy, to them and their successors, lands, tenements, and hereditaments, goods, chattels, and all estate, real and personal, or mixed, of what kind or quality soever, and the same, from time to time, to sell, mortgage, grant, alien, or dispose of, and to make dividends of such portions of the profits as they may deem proper, and also to make and have a common seal, and the same to alter or renew at pleasure, and also, to ordain, establish, and put in execution, such by-laws, ordinances, and reglations, as shall appear necessary and convenient for the government of the said corporation, not being contrary to the Constitution and laws of the United States, or of this Commonwealth, and generally to do, all and singular, the matters and things, which to them, it shall lawfully appertain to do, for the well being of the said corporation: Provided, That nothing herein Proviso. contained, shall be considered as in any way giving to the said corporation, any banking privileges whatsoever, or any other privileges, liberties, or franchises, but such as may be necessary or incident to the making of gas, and the distribution thereof, for the purposes of illumination, in the borough of West Chester: Provided further, That the Proviso. said company shall, at no time, hold or possess any land for any other purpose than the construction thereon of the necessary works and offices of the said company.

SECTION 3. That the said named commissioners, or a majority of them, Organization. shall, as soon as conveniently may be, after the said letters patent shall have been obtained, give, at least, two weeks' previous notice, in the news papers herein before mentioned, of the time and place, by them appointed, for the subscribers to meet, in order to organize the said company, and to choose, by a majority of votes of the said subscribers, by ballot, to be given in person, or by proxy (which proxy shall have been obtained and bear date within four weeks previously to the election at which such proxy shall be presented) duly authorized, one president and six Officers. managers; the president, and managers aforesaid shall conduct the business of said company, until the first Wednesday in January, Anno Domini, one thousand eight hundred and fifty-three, and until like offcers shall be chosen, and may make such by-laws, rules, and orders, and regulations, as are not inconsistent with the laws and Constitution of this State, and of the United States, and as may be necessary for the due management and ordering of the affairs of the said company.

SECTION 4. That the stockholders shall meet on the first Wednesday Meeting of of January, Anno Domini, one thousand eight hundred and fifty-three, stockholders. and on the same day and month, annually thereafter, at such place as may be fixed upon by the by-laws, of the time and place of which meeting notice shall be given at least two weeks previously in the newspapers aforesaid, and choose, by ballot, by a majority of votes present, their officers for the ensuing year, as mentioned in the third section of this act, which officers so elected shall continue in office for one year, or until a new election shall be had; and the stockholders shall also meet at such other times, either upon the requisition of the Special meetmanagers, or of any stockholders who own, in the aggregate, one hundred ings. shares, as they may be summoned to meet by the said managers or stockholders, in such manner and form as shall be prescribed by the bylaws, at which annual or special meeting they shall have full power and

Ratio of votes.

Provis>.

authority to make, alter, or repeal, by a majority of votes present, in manner aforesaid, all such by-laws, rules, orders and regulations as aforesaid, and to do and perform every other corporate act; and the number of votes to which each stockholder shall be entitled at all elections, and upon all questions submitted to any annual or special meeting of the said stockholders, shall be according to the number of shares he or she shall hold, in the proportions following, that is to say: for each share not exceeding two shares one vote; for every two shares above two and not exceeding ten shares one vote; for every five shares above ten shares one vote; and no share shall confer a right of voting which shall not have been holden two calendar months 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 and benefit of some co-partnership, corporation, or society, of which he or she may be a member, and not in trust for and to the use and benefit of any other person: Provided, That no person shall be permitted to vote at the first election of saidcompany unless he or she has fully paid five dollars on each share of stock by him or her subscribed, as directed by the second section of this act, and at all subsequent elections of said company, no person shall be permitted to vote unless he or she shall have fully paid all the instalments called for and then due on the shares by him or her subscribed, and all votes by proxy shall be on such terms and conditions as are prescribed by the act passed on the twenty-eighth day of March, in the year one thousand eight hundred and twenty, entitled "An Act to regulate proxies." SECTION 5. That the election of officers provided for in the fourth section of this act, shall be conducted in the following manner, that is to say the managers, for the time being, shall appoint two of the stockholders, not being managers, to be judges of the said election and to conduct the same, who, before undertaking so to act, shall severally take and subscribe an oath or affirmation before a justice of the peace or alderman, well and truly, according to law, to conduct such election to the best of their khowledge and abilities, and the said judges shall decide upon the qualifications of the voters; and when the election is closed (which shall be and remain open at the office of the company in the borough of West Chester, from twelve o'clock, M., to three o'clock, P. M.,) shall count the votes, and the stockholders having the highest number of votes shall be declared duly elected, and if it shall at any time happen that an election of president or managers shall not be Failure to elect made, the corporation shall not, for that cause, be deemed to be dissolved, corporation not but it shall be lawful to hold and make such election of president or to be dissolved. managers on the same day, or any other day thereafter, giving at least ten

Mode of condueting elec tions.

Proviso.

Quorum.

days' notice, signed by the president,fin the newspapers before-mentioned, of the time and place of holding such election, and they are hereby required so to do, at least once in every twenty days, till the requisite officers are chosen, and the president and managers of the preceding year shall, in that case, continue to act and be invested with all powers belonging to their respective stations until an election shall take place; in case of the death, or resignation, or removal from the State, of any president, manager, or other officer, his place shall be filled by the board of managers until the next annual election: Provided, That none but stockholders shall be eligible to be elected president or managers.

SECTION 6. That the president and managers shall meet at such times and places as shall be found most convenient for the transacting of their business, four of whom shall be a quorum, who, in the absence of the president, may choose a president pro tem., and shall keep minutes

of their transactions, fairly entered in a book, and a quorum being formed, they shall have full power and authority to buy land for the gas works Further powers. and erect the same, to appoint all such architects, surveyors, chemists, superintendents, and other artists and officers as they shall deem necessary to construct and carry on the intended gas works, and to fix their salaries and wages, to enter into and execute contracts or covenants in relation to the objects of said corporation, and to enforce the same, to ascertain the time, manner, and proportions in which the said stockholders shall pay the moneys due on their respective shares, to draw orders on the treasury for money, which orders shall be signed by the president, or in his absence by the president pro tem., and countersigned by the secretary, and generally to do all such other acts and matters and things as by this act and by-laws and regulations of the company they are authorized to do.

SECTION 7. That the said company shall have power from time to Borrow money, time to borrow money, if the board of managers shall so determine, to an amount not exceeding fifty thousand dollars, and to make 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.

SECTION 8. 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- stocks. 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 as by him are subscribed and held, which certificate or evidence of stock shall be transferable at 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, subject, however, to all payments due, or to become due thereon, and the assignee holding any certificate transferred as aforesaid shall be a member of said corporation, and for every certificate assigned to him as aforesaid, shall be entitled to a share or shares as is therein mentioned, of the capital stock of all the estates and emoluments of the corporation incident to such share or shares, and to vote as aforesaid at the meetings thereof, and 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.

SECTION 9. That if after twenty days' notice in the public papers as Penalty for ne aforesaid, of the time and place appointed for the payment of any pro- glect to pay inportion or instalment of the said capital stock, in order to carry on the stalments. works of the 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 such space of time as that the accumulated penalty shall become equal to the sum or sums before paid in part, and on account of such share or shares, the same 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 any court having competent jurisdiction for the recovery of the same, together with the penalty aforesaid, that in case of the transfer

Dividends.

Further powers.

Proviso.

pipes.

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.

SECTION 10. That the managers shall declare dividends of so much of the nett profits of the company as shall appear to them advisable, on the first Mondays of January and July, every year, which shall be paid to the stockholders on demand ten days after the same shall have been declared.

SECTION 11. That the company shall have power and authority, and is hereby empowered and authorized to erect gas posts, burners, and reflectors, to dig such trenches in, along, and across the public streets, lanes, alleys, and sidewalks, in the borough of West Chester, under the direction of the borough council, for the purpose of laying their pipes for the distribution of gas as the said company may deem necessary: Provided, That the said company shall fill up said trenches and restore the said public roads, streets, lanes, alleys, and sidewalks, to as good condition as they were respectively in before the said trenches were dug at the proper cost and expense of the said company.

Penalty for SECTION 12. That if any person or persons shall open a communicaopening a com- tion into the street gas main, or other gas pipe of the said company, munication with without authority from the inspector or other authorized agents of the street gas main said or other gas company, or shall let on the gas after it has been stopped by order of the said inspector or other authorized agent of the 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 originally 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 the like amount are recoverable in law, one-half to be paid to the informer, and the other half to the said company.

Injuries to company's work.

Proviso.

SECTION 13. That if any person shall wilfully or maliciously do or cause to be done, any act or acts whatever whereby any building, construction, or works of 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 persons 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 wise impair the right of action for damages by a civil suit hereby authorized to be brought for any injury as aforesaid, by and in the name of the said corporation, in any court in this State having cognizance of the same. JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The first day of April, A. D., one thousand eight hun

dred and fifty-two.

WM. BIGLER.

No. 164.

AN ACT

Supplementary to the act entitled "An Act relative to hawkers and pedlers, in Schuylkill county," approved April seventeenth, one thousand eight hundred and forty-six; relative to tavern licenses in Northumberland county; to incorporate the McKeesport Plank road 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 the provisions of the act entitled "An Act supplementary to the act Act relating to relating to hawkers and pedlers, and regulating auctions in the county hawkers and of Schuylkill," approved the seventeenth day of April, one thousand Pedlers ex eight hundred and forty-six, be, and the same are hereby extended to county. the county of Somerset.

ded to Son

SECTION 2. That the act relative to tavern licenses in the counties of Repeal. Northumberland and Susquehanna, approved the thirtieth day of April, one thousand eight hundred and forty-four, be, and the same is hereby repealed, so far as relates to the county of Northumberland.

Location.

SECTION 3. That John J. Muse, Samuel Foster, Jesse Sill, George Commissione: A. Byard, William Caven, Oliver Evans, William H. Hill, Perry Baker, Hiram B. Sinclair, John S. Whigham, Hamilton Stuart, James Shaw, William L. Miller, Wm. J. Morrison, William F. Irvin, George Larimer, Samuel Taylor, William A. Shaw, and Andrew Cristy, of Allegheny county, be and they hereby are appointed commissioners to open books, receive subscriptions and organize a company, by the name, style and title of "The McKeesport Plank road company," with power Style. to construct a plank road, or turnpike, from the borough of McKeesport to the Pittsburg and Greensburg turnpike, with a branch connecting with the Pittsburg and Braddock's Field plank road, at or near the mouth of Turtle creek, subject to all the restrictions and provisions of Subject to pro an act regulating turnpike and plank road companies, approved Janu- visions of cerary twenty-sixth, one thousand eight hundred and forty-nine, and the tain act. supplement thereto, approved the seventh day of April, in the year one thousand eight hundred and forty-nine, excepting that part of the thirteenth section, which discriminates in favor of wheels of the width of four inches and upwards.

SECTION 4. That the capital stock of said company shall consist of Capital stock. eight hundred shares, of twenty-five dollars each: Provided, That said Proviso. company may from time to time, by a vote of the stockholders, at a meeting called for the purpose, increase the capital stock, if it shall be deemed necessary to carry out the true intent and meaning of this act.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,
Speaker of the Senate.

APPROVED The first day of April, A. D., one thousand eight hun

dred and fifty-two,

WM. BIGLER.