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Proviso.

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Privileges.

Organization.

Officers.

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Annual meeting.

Certificates of ock.

may adjourn from time to time until the said number of shares shall be subscribed, of which adjournment public notice shall be given in one or more newspapers as before mentioned: Provided always, That every person on entering his name in the said books as a subscriber, shall pay two dollars on each share that he shall subscribe for, as a fund out of which shall be defrayed the expenses attending the taking of subscriptions and other incidental charges, and the remainder shall be paid over to the treasurer of the corporation as soon as the same shall be organized, such first payment on each share to be taken and considered as a part payment on each share subscribed.

SECTION 2. As soon as one hundred shares shall have been subscribed, the said commissioners, or a majority of them, as aforesaid named, may certify the same, together with a list of the subscribers and the shares subscribed by each, in writing to the Governor, who thereupon shall constitute the said subscribers, and also all those who may in future subscribe under the provisions of this act, a body corporate or politic, by the name and style of "The president and managers of the Conestoga Foot Bridge company of Safe Harbor, in the county of Lancaster," with all the privileges incident to a corporation, who shall have perpetual succession, and shall be capable of taking and holding the said capital stock, and the increase and profits thereof, and of enlarging the same by new subscriptions, if such enlargement shall be necessary to fulfil the purposes of this act, in such manner and form as they may think proper, and of purchasing, taking and holding, to them and to their successors and assigns, in fee simple and for any less estate, all such lands, tenements and hereditaments, real or personal, as shall be necessary and convenient for them in the prosecution of their work, and the same to sell and dispose of at their pleasure, of sueing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do.

SECTION 3. Any ten of the persons named in the letters patent of incorporation, shall as soon as conveniently may be after sealing the same, give notice in two or more newspapers printed in the city of Lancaster, not less than two weeks, of a time and place to be appointed, not less than twenty days from the time of issuing said notice, at which time and place the said subscribers shall proceed to organize the corporation, and shall choose by a majority of votes of the said subscribers, taken by ballot, to be delivered either in person or by proxy duly authorized, one president, five managers, one person for secretary and treasurer, and such other officers as they may think necessary, to conduct the business of the company during one year, and until other officers be chosen, and shall have power to make such by-laws, rules, orders and regulations, not inconsistent with the laws of this State or of the United States, as may be necessary for the well ordering the affairs of the company: Provided always, That no stockholders shall have more than one vote for each share not exceeding twenty shares, and no person shall have more than twenty votes at any election, or in determining any question arising at such meetings, whatever number of shares he may have subscribed.

SECTION 4. A public meeting of the said stockholders shall be held annually, at such time and place as shall be fixed by the rules and bylaws of the said company, for the purpose of choosing officers for the ensuing year, and the transaction of such business as may come before them.

SECTION 5. The president and managers shall procure printed certificates for all the shares of stock in the said company, which shall be signed by the president and countersigned by the treasurer, and sealed

with the seal of the corporation, and each subscriber shall be entitled to one such certificate for each share by him subscribed for, on paying to the treasurer in part of the sum due thereon two dollars on each share, which certificates shall be transferable, either by the owner in Transferable. person or by his attorney duly authorized, in the presence of the president or of the treasurer for the time being, subject, however, to the payments due or that may grow due thereon, and the persons to whom such transfer shall be made, shall stand in the place of the former holder of the certificate, and be entitled to the same privileges in the company.

SECTION 6. The president and managers shall meet at such times President and and places, and be convened in such manner as shall be agreed on, for managers, duty transacting the business of the company, at which meeting three mem- of. bers shall be a quorum, who in the absence of the president shall Quorum. choose a chairman, and shall keep minutes of their proceedings in a book to be kept for that purpose, and a quorum being met, they shall have full power and authority to appoint such engineers, assistants and workmen, as they shall deem necessary for the erection of said bridge, and they shall fix their salaries and wages; they shall also have power to make contracts, to ascertain the times, manner and proportions in which the stockholders shall pay the money due on their respective shares, to draw orders on the treasurer for the money necessary to pay salaries, wages, and bills for work done and labor performed or materials furnished, which orders shall be signed by the president, or in his absence by a majority of a quorum, and countersigned by their clerk, and to do and transact all such matters and things as by this act or by the bylaws of the company shall be committed to them.

SECTION 7. If any stockholder, after thirty days notice in a printed or written notice, of the time and places appointed for the payment of any proportion, dividend, or installment of said capital stock still due on each share, shall neglect to pay the same for the space of thirty days after the day whereon the same shall be appointed to be paid, every such stockholder shall, in addition to the installment so called for, pay at the rate of one per cent. per month for every delay of such payment, and if the same and the additional penalties shall remain unpaid so long that the accumulated penalties shall become equal to the sum already paid on such share, the same shall be forfeited to the company, and may be sold under the direction of the president and Stock forfeited. managers, or the majority of a quorum of them, at any of their meetings for transacting the business of the company, the order for that purpose being first entered on the minute book by the clerk at such meeting.

SECTION 8. The president and managers of said company shall keep Accounts. fair and just accounts of all moneys received by them from the subscribers to the capital stock of said company, for all penalties for delay in payment thereof, and of the amount of the profits on shares which may be forfeited as aforesaid, of all voluntary contributions, and of all moneys expended by them in the prosecution of said work, and shall once in every year submit such accounts in detail to a general meeting of the stockholders, until the said bridge be completed, and all expenses incurred in erecting the same shall be fully paid and discharged, and the aggregate amount of all such expenses shall be liquidated and ascertained, and if on such liquidation, or whenever the whole capital stock of the said company be nearly expended, it shall be found that the said capital stock will not be sufficient to complete said bridge, according to the true intent and meaning of this act, it shall be lawful for the said company, at a stated or special meeting to be convened ac

Enter lands.

When property to be vested in

the company.

Tolls.

Accounts of tolls. Dividends.

Penalty for inju

ries to bridge, toll house, &c.

Proviso.

Not to obstruct Javigation.

cording to the provisions of this act or their own by-laws, to increase the number of shares to such extent as shall be deemed sufficient to accomplish the work, and to demand and receive the moneys subscribed on such shares, in like manner and under like penalties as are herein provided for the original subscription.

SECTION 9. It shall and may be lawful for the president and managers, their superintendents, surveyors, engineers, artists and hands, when so directed or authorized by the president and managers, to enter in and upon and take any lands, tenements or hereditaments, that may be necessary for the examination and for the final location of said bridge, and they shall have full liberty to take and carry away all stone, gravel, and other materials necessary for the completion of said bridge, paying a just compensation for the same, or giving adequate security therefor before it is taken.

SECTION 10. When the said company shall have erected and completed a bridge at the place aforesaid, the property of the same shall be vested in them, the said company, their successors and assigns, forever, and the said company, their successors or assigns, are hereby empowered to erect gates and demand and receive tolls from each person who shall pass over said bridge, not exceeding two and a half cents each way.

SECTION 11. The said president and managers shall keep a just account of all moneys received by their several collectors of tolls for crossing said bridge, and shall declare and make a dividend of the income and profits thereof among all the subscribers to the said company's stock, in proportion to their respective shares, first deducting all contingent costs and charges, and such proportion of the income as may be sufficient for a fund to provide against the decay of the said bridge, and for the repairing or re building the same, as time and accident may render necessary, and shall on the first week of January of every year, publish the dividend to be made of the clear profits arising from the tolls among the stockholders, and of the time and place when and where the same shall be paid accordingly, in ten days thereafter, or as soon as the same shall be deınanded.

SECTION 12. If any person or persons shall wilfully pull down, break or destroy, with intent to injure, any part or parts of the said bridge, or any toll house, gates, bars, or other property of the said corporation erected for the use of said bridge, or the persons employed in conducting the business thereof, or shall wilfully deform or destroy the letters or figures in any list of the rates of tolls affixed in any place for the information of passengers, or who shall wilfully or maliciously obstruct or impede the passage on or over the said bridge, or any part or parts thereof, he, she or they so offending, shall each of them forfeit and pay for every such offence to the said corporation the sum of thirty dollars, to be sued for and recovered as debts of like amount are by law recoverable, and he, she or they so offending, shall remain liable to actions, at the suit of said corporation, for such wrongs, if the said sum or sums herein mentioned be not sufficient to repair and satisfy said damages: Provided always, That no such suit shall be brought unless within thirty days after such offence shall have been committed.

SECTION 13. The proposed bridge shall be so constructed as in no wise to impede the free passage of rafts, arks, canal boats, steam boats, or other craft, ascending or descending the Conestoga Navigation, nor obstruct nor encroach upon any of the tow-paths, locks, or other

provements of the Lancaster and Susquehanna Slack Water Navi-
tion company, on said stream, nor otherwise interfere with any of
e chartered rights and privileges of said Navigation company.

WILLIAM F. PACKER,
Speaker of the House of Representatives.

GEO. DARSIE,

Speaker of the Senate.

APPROVED-The twentieth day of March, one thousand eight ndred and forty-nine.

WM. F. JOHNSTON

No. 429.

AN ACT

To incorporate the Beaver Manufacturing company, in Beaver county.

SECTION 1. Be it enacted by the Senate and House of Representaes of the Commonwealth of Pennsylvania in General Assembly met, d it is hereby enacted by the authority of the same, That James tterson, Charles T. Whippo, Ezekiel Sankey, Joseph Pollock, and Corporators. chibald Robertson, B. R. Bradford, David Boise, and their associes, shall be incorporated and become a body politic in law, and under e provisions, regulations and restrictions hereinafter mentioned, un

r the corporate name and style of "The Beaver Manufacturing com- Style. ny, in Beaver county," the objects of such corporation shall be the Object. nufacture of plain and fancy goods, consisting of silk, cotton and

ol, or some of them, with power to sell the same, and the said cor- Privileges. ration shall have perpetual succession, and shall be capable to sue d be sued, plead and be impleaded, in all courts of law and equity, take, purchase or lease, for a year or term of years, hold, possess d enjoy, convey and dispose of, lands, tenements, hereditaments, ods, chattels, rights, credits, and to have and to use a common seal, d the same to change and renew at pleasure, and have all the other cidents of a corporation: Provided, That the real estate to be held Proviso. such corporation, to be purchased, leased, or sold by them, (except ch as may be purchased under an execution, or otherwise taken in yment or on account of an existing debt or debts belonging to said rporation,) shall be such only as may be necessary or convenient for e use, management or business of said corporation in carrying on eir manufacture and business aforesaid.

SECTION 2. The said James Patterson, Charles T. Whippo, Ezekiel Commissioners ankey, Joseph Pollock, Archibald Robinson, B. R. Bradford and Da- and directors. d Boise, shall be commissioners to receive subscriptions to the capital

ock of said company, and shall act as directors until the said corpo

tion shall be organized, as hereinafter provided; the capital stock of Capita stock. id corporation shall consist of one hundred thousand dollars, divided

to shares of not more than fifty dollars each, and when one-fourth of

the said stock shall have been subscribed for, and shall have been bona fide paid in or contributed, as hereinafter provided, it shall be the duty of the said James Patterson, Charles T. Whippo, Joseph Pollock, Ezekiel Sankey, Archibald Robertson, B. R. Bradford, and David Boise, or of whichever of them may be then acting as president or When co. to be treasurer, to transmit to the Governor of the Commonwealth a stateincorporated. ment on oath or affirmation, to such effect, stating the amounts actually paid in or contributed, when, if the same shall amount to onefourth at least of the said capital stock, the Governor shall certify the same to the Secretary of the Commonwealth, with an order requiring him to enroll the same, at the expense of the applicants, and up such enrollment the persons so associated shall become a corporation or body politic, by the style and name aforesaid, under the provisions. conditions and restrictions, and for the purposes by this act declared and set forth.

Notice of elec

Votes.

Proxies.

SECTION 3. Immediately after the enrollment provided for in the tion for directors second section of this act, the said James Patterson, and the persons to be given. so appointed with him as commissioners aforesaid, shall give notice fr two weeks previously in some newspaper published in the county Beaver, of an election for five directors, to be made by ballot from the stockholders, such election to be held within thirty days after the enrollment aforesaid, and the subsequent elections to be held annual at such convenient time and place as the directors may determine, f which two weeks notice shall in like manner be given, and at all su elections each stockholder shall be entitled to vote according to the number of shares held by him, in the following proportion, to wit: ht each share not exceeding two shares one vote, for every two shares above two shares and not exceeding ten one vote, for every four share above ten and not exceeding thirty one vote, for every ten shares above; thirty and exceeding one hundred one vote, and for every twenty sha above one hundred one vote; no shares shall confer a right of voting wild shall have been transferred within three calendar months prior to j election, nor unless bona fide held by the party voting in his own right or as executor, administrator, guardian or trustee, for the use of se party, estate or corporation, and all votes by proxy shall be on suzi terms and conditions as are prescribed by the act passed March twen eighth, one thousand eight hundred and twenty, entitled "An Act a regulate proxies:" Provided also, That the stockholders in the ear ration created under this act shall be individually liable for the amo of the capital stock by them respectively subscribed in said corpor tion which shall not have been paid in: And provided, That if si corporation shall at any time contract debts to a greater amount th the capital so subscribed, said corporation shall forfeit its charter, and its corporate powers shall cease and determine, but among such deta shall not be considered such advances or loans as may be from tim time made or advanced on account of manufactured goods consigned t delivered for sale to agents or others on behalf of said corporation; th corporation shall be organized by the directors choosing a preside from their own body, and by the appointment by them of a treasure secretary, and such other subordinate officers or agents as they al deem necessary, and such treasurer, secretary, or other subordin officers or agents, may be removeable at the discretion of the directes the directors may also fill any vacancies that may occur in their body, to serve until others are lawfully appointed, the majority of s directors shall have power to establish such by-laws, rules and reg tions, as may be deemed proper and expedient, not inconsistent the laws of the United States or of this Commonwealth, and the s

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