Preamble relative to the settlem't. of

accounted for and paid by him into the state treasury, quar terly: for every search, where no other service is performed, to which any fee is attached, twelve and one-half cents; for copy of an account, for every item one cent; for copy of any entry, or paper filed, or any part thereof, for every ten words or figures one cent, for certificate and seal fifty cents: Provided, That each person settling an account in said office, shall be entitled to a certified copy of said account without fee, as heretofore.

WE WHEREAS, an act of assembly was passed at the present session of the legislature, and approved on the first day of the affairs of March, eighteen hundred and thirty-seven, entitled "An 5th ward, of act supplementary to an act entitled An act to incorporate Pittsburg. the city of Pittsburg;'" whereby the borough of the Northern Liberties of Pittsburg was united with the city of Pittsburg, and constituted the fifth ward thereof, and it was omitted therein to provide for the settlement and final arrangement of the affairs of said borough; Therefore, Rights,ered- SECTION 12. All the rights, credits and effects, and all the its, &c. of the North'n. Lib-estate, real and personal, of the borough of the Northern erties of Liberties of Pittsburg, be, and the same are hereby declared Pittsb'g.ves to be vested in the city of Pittsburg, the said real estate to ed in city of be had and held by the said city of Pittsburg, for the same Pittsburg.

Powers of the city to sue and be sued.

Powers of

uses and purposes as the same is now held by the said borough, and the said borough is hereby authorized to assign and transfer to the said city, all the said rights, credits and effects, and all the said real and personal estate, and any assignment and transfer thereof made before the passage of this act, is hereby confirmed, and the said city shall have authority to sue, and be liable to be sued, in its own corporate name, for all debts due to or by the said borough, and on all contracts made by or with it, as fully as if the said debts had originally been due to or by the said city, or the said contracts originally made with it.

SECTION 13. All the rights, privileges, powers and authorities of the borough of the Northern Liberties of Pittscity to finish business al burg, are hereby vested in the city of Pittsburg, so far as the ready begun, same are necessary to finish the business already begun by the said borough, to complete contracts already entered into, and to wind up the affairs of the said borough.

Election of

the poor.

SECTION 14. From and after the passage of this act, the overseers of select and common councils of the city of Pittsburg shall, and they are hereby authorized to fix the time and place, or places, of holding elections for overseers of the poor for said city, and so much of any act or acts of assembly as is hereby altered or supplied, is hereby repealed.

SECTION 15. The sum to be expended in the opening of a

street from the state capitol to the canal, in or near the Street from borough of Harrisburg, in pursuance of the enactments and State Capitol resolutions heretofore passed on the subject, shall not ex- to canal. ceed four thousand dollars.

Speaker of the Senate.

APPROVED The first day of April, Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER.

No. 68.

An Act

To incorporate the Washington and Pittsburg 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 Daniel Moore, William Hunter, Alexander Reed, James Ruple, John K. Wilson, John H. Ewing, John Cook, John Dagg, Doctor John Wishart, William Smith, Doctor Samuel Murdock, Robert Officer, John Watson, Daniel Huston, Joshua Emery, and Samuel Hazlet, of the county of Washington, Alexander McKee, Henry Ingram, Charles Shaler, James Henry, William Lea, John Ross, Robert C. McFarland, Robert Snodgrass, William Byrne, Alexander Carnahan, Jeremiah Dunlavy, Caleb Forster, John McDowell, Andrew Murphy, James Findlay, Samuel P. Darlington, William Graham, Jr., and Rees Č. Townsend, of the county of Allegheny, or any two of them, be, and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: they shall, on or before the first day of December next, procure three books, one of which shall be opened at a public house in Washington, Washington county, and one at a public house in the borough of Cannonsburg, in said county, and one at a public house in the city of Pittsburg, in each of which they shall enter as follows: "We, whose names are hereunto subscribed, do promise to pay to the president

Commission

ers.

Where books shall be open

ed.

1

Form of sub- and managers of the Washington and Pittsburg Railroad scription. company, the sum of fifty dollars for every share of stock set opposite our respective names, in such manner and proportion, and at such times as shall be determined by the president and managers of said company, in pursuance of an act of the general assembly of this commonwealth, entitled An act to authorize the Governor to incorporate the Washington Railroad company.' Witness our hands, the day of one thousand eight hundred and thirty;" and shall thereupon give notice, in two newspapers printed in the county of Washington, and also in two newspapers published in the county of Allegheny, two weeks at least, of the time and places when and where the said books shall be kept open to receive subscriptions for the stock of said company, at which respective times and places, one or more of the commissioners shall attend, and permit all persons of lawful age who shall offer to subscribe in the said books, in their own names, or in the names of any other persons who shall authorize the same, for shares in the said stock, and the said books shall be kept open respectively for said purpose, at least six hours in every juridical day, for the space of three days, or until there shall have been subscribed four hundred shares; and if at the expiration of dred shares. three days, the books aforesaid shall not have the number ef shares aforesaid therein subscribed, the said commissioners may adjourn from time to time, and transfer the book or books elsewhere, until the whole number of four hundred shares be subscribed, of which adjournment and transfer, the commissioners aforesaid shall give such public notice as the occasion may require, and when the whole number of shares shall be subscribed, then the books shall be closed: Provided, That no person be permitted to subscribe for more than twenty shares the first day, after which any person may subscribe for any number of shares, until the whole stock shall 2d Proviso. be taken: And provided also, That no subscription shall be valid, unless the person so subscribing shall pay to the said commissioners, at the time of making the same, the sum of five dollars on each and every share, for the use of the company.

Four hun

Proviso

When charter may is

sue.

SECTION 2. When two hundred or more shares of said stock shall be subscribed, and the sum of five dollars paid on each and every share, as aforesaid, the commissioners, or any five of them, shall certify to the Governor, under oath or affirmation, the names of the subscribers, and the number of shares subscribed by each, and the sum of five dollars paid on each share at the time of subscribing, whereupon the Governor shall, by letters patent, under his hand and the

and liabili

seal of the commonwealth, erect and create the subscribers, and if the subscription be not full at the time, then also those who shall subscribe thereafter to the number of shares aforesaid, into a body politic and corporate in deed and in law, by the name, style and title of "The Washington and Style & title. Pittsburg Railroad company," and by the same name the subscribers shall have perpetual succession, with all the privileges, franchises and immunities incident to a corpora tion, and be able to sue and be sued, implead and be impleaded, in all courts of record and elsewhere, and to Privileges purchase, receive, have, hold and enjoy, to them and their ties, successors, lands, tenements and hereditaments, goods, chattels, as may be necessary and requisite to carry on the business of the said company, and all estate, real, personal and mixed, of what kind or quality soever, and the same from time to time to sell, exchange, mortgage, grant, alien, or otherwise dispose of, and to make dividends of such portions of the property as they may deem proper, and also, to make and have a common seal, and the same to alter and renew at pleasure, and also, to ordain, establish and put in Seal. execution such by-laws, ordinances and regulations, as shall appear necessary and convenient for the government of said corporation, not being contrary to the constitution and laws of the United States and this commonwealth, and to own and place locomotive engines and cars on the said railroad, and transport persons, minerals, produce and merchandise, and other articles, at and for such prices or compensation as shall be agreed upon by the said company, and such persons and the owners, or such persons having in charge such minerals, produce, merchandise, and other articles, 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, and the due management and ordering the af fairs of the same: Provided, That nothing herein contained Proviso. shall be considered as in any way giving to the said corporation any banking privileges whatsoever, or any other liberties, privileges or franchises, but such as may be necessary or incident to the making and maintaining of the said railroad.

Election of

SECTION 3. The said commissioners, or any six of them, shall, as soon as conveniently may be after the said letters patent shall be obtained, give at least ten days notice, in the newspapers herein before mentioned, of the time and place managers. by them appointed for the subscribers to meet, in order to organize the said company, to choose by a majority of the votes of the said subscribers, by ballot, to be given in person or by proxy, which proxy shall have been obtained and been

Six managers.

Managers

to conduct

dated within three months previously to the election at which such proxy shall be presented, duly authorized, six managers, all of whom shall be residents of this commonwealth, and the said managers, together with the president elected, as is hereinafter prescribed, shall conduct the business of and president sail company until the second Monday in December then next, and until like officers shall be chosen, and make such by-laws, rules, orders and regulations, as are not inconsist ent with the constitution and laws of the United States or of this state, as may be necessary for the well governing the affairs of the said company: Provided, That no person but a stockholder shall be eligible to the office of president or

business.

Provisc.

Election of managers.

Ratio of votes.

Proviso.

manager.

SECTION 4. The stockholders shall meet on the second Monday of December in every year, at such places as may be fixed upon by the by-laws, of which notice shall be given at least twenty days previous, in the newspapers before mentioned, and choose, by a majority of the votes present, six managers for the ensuing year, as mentioned in the third section of this act, who shall continue in office for one year, and until others are chosen, at which annual meeting, they shall have full power and authority to make, alter or repeal, by a majority of the votes, in the 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, shall be according to the number of shares he or she shall hold, in the proportion following: for every share not exceeding two shares one vote, for every two shares above two and not exceeding ten shares one vote, and for every five shares above ten one vote, but no share or number of shares above one hundred, shall confer any additional right of voting, and no share shall confer a right of suffrage, which shall not have been holden three 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 own right, or in that of his wife, or for his or her sole use and benefit, or as executor, administrator, trustee or guardian, or in the right or 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 shares held by transfer shall be entitled to vote, unless the same shall have been transferred at least three months before the election, and all votes by proxies shall be on such terms and conditions as are prescribed by the act passed the twenty-eighth day of March, one thousand eight hundred and twenty, entitled "An act