Officers. Proviso. Meeting of president & managers. Certificates of stock. fixed by the rules and orders of the said company, to be made as aforesaid, for the purpose of choosing one president and six managers, as aforesaid, for the ensuing year, and until other officers are elected, and at such other times as they shall be assembled by the said president and managers, of all which meetings of the said stockholders it shall be the duty of the said president, or in case of his absence or other disability, of at least two of the managers, to give at least two weeks notice in the newspapers published in the said village, of the time and place of such meeting, at which annual or special meeting the said stockholders shall have full power and authority to make, alter or repeal, by a majority of votes, all such by-laws, rules and regulations as aforesaid, and to do and perform every other corporate act: Provided, That if such election of president and managers shall not be made on the day above specified, the corporation shall not for that cause be dis solved, but it shall be lawful on any other day within sixty days thereafter, due notice having been first given as above provided, by the president, or at least two of the said managers, of the time and place of meeting, to hold and make an election, in such manner as the by-laws of the said corporation shall prescribe, and in case of the death, resignation, removal from the state, or other inability to act, of the president or any of the managers, the remaining members of the board of managers shall choose another to supply his place until the next election, and the said president and managers, or a majority of them, shall at their first meeting after their election choose a suitable person as treasurer, and a secretary, for the ensuing year, both of whom shall be selected from the list of bona fide stockholders. . SECTION 10. That the said president and managers aforesaid, shall meet at such times and places and be convened in such manner as shall be agreed on, for transacting their business, and at such meetings four members shall form a quorum, and shall, by themselves or secretary, keep minutes of all their transactions, recording the votes of all the mem bers of the board present, particularly designating each member by name who shall vote in the affirmative, and each who shall vote in the negative, upon every proposition, rule or order, which shall be decided, established, or acted upon by the said board of managers, fairly en tered in a book to be kept for that purpose, and a quorum being met they shall have full power and authority to agree with and appoint all such agents or persons as they may judge necessary to conduct and carry on the said works contemplated by this act, and to fix their salaries and wages, and to fix the times, manner and proportions, when and where the stockholders shall pay the moneys due on their respective shares in order to carry on the works, to draw on the treasurer for all moneys necessarily expended in the prosecution thereof by orders, which shall be signed by the president, in pursuance of a resolution of said board, or in his absence by a majority of a quorum, and generally to do and perform all such other acts, matters and things as by this act, and the by-laws, orders and regulations of the company, committed to them. shall be SECTION 11. That the said president and managers shall procure certificates, to be printed or written, for the shares of the capital stock of the said company, and deliver one thereof, signed by the president and countersigned by the treasurer, and sealed by the common seal of the corporation, to each person for every share by him or her subscribed and held, which certificate shall be transferable by the owner, at his or her pleasure, in person or by attorney, in presence of the president of treasurer, subject, however, to all payments due or to become due thereon, and the assignee holding any certificate, having first caused the assignment to be entered in a book of the company to be kept for that installments. SECTION 12. That if any stockholder after thirty days public notice Penalty for negin the newspapers printed in said Pittston village, of the time and place lect to pay appointed in pursuance of the ninth section of this act for the payment of any portion of the capital stock, in order to carry on the work, shall neglect to pay such proportion at the place appointed, for the space of thirty days after the time so appointed for the payment thereof, every such stockholder or his or her assignee shall, in addition to the proportion so called for, pay at the rate of one per centum per month for such delay of payment, and if the same and additional penalty shall remain unpaid for such a space of time as that the accumulated penalties shall be equal to the sums previously paid on account of the said share, then the said share, and all the money thereon paid, shall be forfeited to the company, and may be sold by them to any person or persons willing to purchase, for such price as may be obtained therefor: Provided, however, That nothing herein contained shall be so con- Proviso. strued as to prevent the said company from recovering the amount of capital stock so called for and remaining unpaid, together with the penalty, from any delinquent stockholder. SECTION 13. That the said president and managers of the said com- Treasurer &c., pany may require of and from the treasurer, and of and from all and to give bonds. every person and persons employed by them, bonds in sufficient penalties and with sufficient securities, for the due and faithful discharge of the several duties and trusts to them or any of them respectively committed. SECTION 14. That the said president and managers of the said com- To keep fair & pany shall keep fair and just accounts of moneys received by them from just accounts. the subscribers to the said undertaking for their subscriptions thereto, and all penalties for delay or non-payment thereof, and of all moneys by them expended, and on what account the same was expended, and shall in every year, not more than sixty nor less than than thirty days previous to the time for holding an election for officers of the said company, prepare a particular statement thereof in writing, which, together with the vouchers and other evidences thereto belonging, shall be placed in the office of the treasurer of the company, for the free inspection of any stockholder or member of the said company who may think proper to examine the same, until the work shall be completed, and all the costs and charges affecting the same shall be fully paid and discharged, and it shall be the further duty of the said president and managers, after the completion of the said work, and all the costs and expenses thereof paid and settled, to keep just and fair accounts of all moneys received by them by their treasurer or other officers or agents, arising from the sale of water-rights, water-rents, or otherwise, and of the amount by them expended, and shall make and declare a dividend of the profits and income thereof among all the stockholders respectively, and shall on the first Monday of January and July in every year publish the half-yearly dividends to be made of the income and profits to and among the stockholders, and of the time and place when and where the same shall be paid, and shall cause the same to be paid accordingly: Provided, That no dividend shall be made to impair Proviso. the capital stock of said company: And provided also, That no per- Proviso. son shall be entitled to any share of the dividends declared who has Proviso. Completion of works. To afford a water at all times. not paid such amount on the stock held by him as has been required by the president and managers: Provided, That nothing contained in this act shall be construed to authorize the said corporation to issue notes in the nature of bank notes, or to endorse notes in their corporate capacity, or to make discounts, or to receive deposits, after the manner of any bank or banks; and in case at any time the company shall violate the provisions of this section, all and every of their chartered privi leges shall cease and determine. SECTION 15. That if the company to be incorporated by the previ sions of this act, shall not within ten years from and after the date of their charter erect and complete the works herein contemplated and authorized, then all the privileges hereby granted shall cease and determine. SECTION 16. That the said company shall at all times, to the utmost supply of pure capacity of their works, afford a supply of pure water to all the citizens of the village of Pittston, and to citizens contiguous thereto, the citi zens of the said village having the preference, for culinary and other domestic purposes, who shall apply for the same and agree to pay there for, and for the extinguishment of fires, at the usual rates, and in ease of any scarcity of water in consequence of extreme droughts, or otherwise, the said citizens shall be supplied for culinary or domestic par poses in preference to those who may apply the water to any other purposes, except the extinguishment of fires and mining operations. SECTION 17. That if any person or persons shall wilfully mutilate, injure, or spoil any of the works of said company, or shall wilfully ear rupt the water in any reservoir, dam, or conduit pipe, established by said company, on conviction thereof before the court of quarter sions of said county, shall pay a fine, at the discretion of said court, not exceeding fifty dollars, and suffer an imprisonment in the jail of said county, in any term not exceeding two months, as the court afore said may determine. Injuries to works. Reservation. SECTION 18. That the Legislature reserves the right to revoke or annul the charter hereby granted. APPROVED-The fourth day of May, one thousand eight hundred and fifty-two. WM. BIGLER No. 417. AN ACT To incorporate the Middle Coal Field 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 John Rosser, Peter Boughner, Daniel M. Boyd, Wm. H. Marshall, Corporators. Kimber Cleaver, Reuben Fegley, Wm. Fegley, Wm. Atwater, and those persons who shall hereafter subscribe for the stock of the company hereby created, be and are hereby created and erected into a body politic and corporate, in deed and in law, by the name, style and Style. title of "The Middle Coal Field Railroad company," and by the said name shall have perpetual succession, with all the privileges, franchises and immunities incident to a corporation, and be able to sue and be sued, plead and be impleaded, and subject to all the restrictions and Subject to proprovisions of an act entitled "An Act to incorporate the Treverton, visions and restrictions of cerMahonoy and Susquehanna Railroad company," passed the twentysecond day of March, Anno Domini one thousand eight hundred and fifty. SECTION 2. That the president and managers of the said company Powers. shall have power to survey, lay down, ascertain, mark and fix such route as they shall deem necessary, beginning at and connecting with the Sunbury and Philadelphia Railroad, in or near the town of Shamokin, and running to and to connect with the Treverton, Mahanoy and Susquehanna Railroad, in or near the town of Treverton. tain act. SECTION 3. That said company are hereby authorized to borrow any Authorized to sums of money not exceeding in all three hundred thousand dollars, borrow money. as may be deemed expedient, at any rate of interest not exceeding seven per cent. per annum, and the principal of which may be made convertible into the stock of the company, at the option of the holders, on such terms as may be agreed upon, and the principal and interest of such loans may be made payable at such times and place as may be deemed advisable, and bonds may be issued therefor in sums not less than one hundred dollars, and for the security thereof the said company may mortgage its road and other property, with its corporate rights and privileges, together with such other property as may be conveyed to it in trust for that purpose. APPROVED-The fourth day of May, A. D. one thousand eight hundred and fifty-two. WM. BIGLER Administrator authorized to sell real estate. No. 418. AN ACT To enable Robert Robb, administrator of James M. Davis, late of the county of Philadelphia, deceased, to sell real estate; relative to the Temperance ville and Noblestown 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 Robert Robb, administrator of the estate of James M. Davis, deceased, of Robert Robb is hereby authorized to sell by public sale and convey by deed, all that certain two story brick messuage or tenement and lot or piece of ground situate on the north side of Callowhill street, at the distance of two hundred and eighteen feet six inches and three-fourths of an inch eastward from Thirteenth street, in Penn township, and county of Philsdelphia, containing in front or breadth on said Callowhill street thirtysix feet, and extending in length or depth that breadth one hundred and twelve feet seven inches, bounded on the south by said Callowhill street, on the west by ground of Samuel Richards, and on the north and east by land of John Wistar; also to sell and convey, as aforesaid, all other real estate of the said James M. Davis, deceased, situate in the county of Crawford, Pennsylvania, and the said purchaser or pur chasers shall hold the same, discharged from all liens, debts and incumbrances whatsoever, without regard to the appropriation or distribution of the money arising from such sale or sales: Provided, The Orphans' Court of the county in which said real estate is respectively situated shall approve of said sale: And provided further, That the said administrator, before executing a deed for said real estate, shall give bond to the Commonwealth, for the use of all persons interested, with such surety or sureties as the said court or one of the judges thereof shall approve, conditioned for the faithful application of the proceeds of said sale or sales, according to law. Proviso. Proviso. Temperanceville & Noblestown turnpike or plank road co. authorized to construct a branch road. SECTION 2. That the Temperanceville and Noblestown Turnpike or Plank Road company be and they are hereby authorized and empowered (in addition to the powers heretofore granted to them) to extend a branch from their road in Temperanceville to the Washington and Pittsburg Turnpike road, in the village known as Tinkersville. SECTION 3. That in making and taking toll on said branch, and in all respects, the said company shall have all the powers and privileges, and be subject to all the liabilities and duties, as fully in every respect as if said branch were part of said road as originally chartered, and be in all respects subject to the provisions of the general act of Assembly respecting plank roads. JOHN S. RHEY, APPROVED-The fourth day of May, one thousand eight hundred and fifty-two. WM. BIGLER. |