dividends of the said company shall exceed twelve per cent. 50 per ct. of per annum, one half of the excess shall be paid into the state treasury, in aid of the education fund.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

JESSE R. BURDEN,

Speaker of the Senate.

APPROVED-The fourth day of April, Anno Domini, eighteen hundred and thirty-three.

dividends over 12 to go to education fund.

GEO. WOLF.

No. 75.

AN ACT

To change the name of Marquis William Twitchell, to that of Marquis
William Wilmot, and to confer upon the illegitimate children of John
Eichelberger, the rights of children born in lawful wedlock, and to
legitimate the children of James Normand.

SECT. 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 Marquis William Twitchell be and he is hereby authorized to change his name from Marquis William M. W. Wil Twitchell to that of Marquis William Wilmot, and he shall mot. henceforth be called and known by the name of Marquis William Wilmot, and by the same name shall be able and capable in law to sue and be sued, grant and receive, and do all other legal acts, as effectually, to all intents and purposes, as he could have done by his former name, if no change had been made therein.

SEET. 2. And be it further enacted by the authority afore

said, That from and after the passage of this act, John Children of Eichelberger, junior, and John Alexander Eichelberger, il- John Eichellegitimate children of John Eichelberger, of the township of berger, York Carroll, in the county of York, be and they are hereby made co. able and capable in law to inherit and hold real and personal estate, in as full and ample a manner as children born in lawful wedlock.

WHEREAS, James Normand, of the city of Pittsburg, Preamble to and county of Allegheny, hath represented to the Legisla- 3d section.

ty.

ture of this Commonwealth his earnest desire that his children, Josephine, Augustus, Julius and James may be recognized as his legitimate offspring, and hath petitioned said Legislature to pass an act of legitimation in favor of said children, in order that they may have and enjoy all the rights, benefits and advantages of children born in lawful wedlock: Therefore,

SECT. 3. And be it further enacted by the authority aforeChildren of said, That Josephine Normand, Augustus Normand, Julius James Nor Normand, and James Normand, the natural children of inand of Alle- James Normand, of the county of Allegheny, in the Comgheny coun- monwealth aforesaid, shall be taken and considered as the legitimate children of the said James Normand, and shall have and enjoy all the rights, benefits, privileges and advantages of children born in lawful wedlock, and shall be able and capable in law to inherit and transmit any estate whatsoever, and to do all other acts and things in law or equity, as fully and completely, to all intents and purposes, as if they the said Josephine Normand, Augustus Normand, Julius Normand, and James Normand, had been born in lawful wedlock.

APPROVED-The fourth day of April, A. D. one thousand eight hundred and thirty-three.

GEO. WOLF.

No. 76.

AN ACT

To authorize the Governor to incorporate the Philadelphia and Reading rail road company.

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Sergeant, Edward R. Biddle, John White, Robert A. Parrish and James Wood, of Philadelphia; Jonathan Roberts and Reece Thomas, of Montgomery county; Matthias Pennypacker, Emor Kimber, Samuel Shaf

·

fect the or. ganization of

company..

fer and William Rogers, of Chester county; G. D. B. Keim, Comm'rs. af-
M. S. Richards, Isaac Heister and James Everhart, of Berks pointed to
County; Samuel Harvey and Jedediah Strong, of German- carry into ef-
town; Joseph Solms, Elijah Dallett, Jacob Frick, Joseph B.
Mitchell, James M'Cormack, James Boon, William G. Alex-
ander, Erskine Hazard, Joshua Lippincott, William A.
Martin, or any two of them, be and they are hereby ap-
pointed 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 Form of
which shall be opened at the coffee house in Philadelphia, subscription.
and one at the house of Daniel Herr, in Reading, Berks
county, and one at the house of William Reed, in Westches-
ter, Chester county, in each of which they shall enter as
follows: "We, whose names are hereunto subscribed, do
promise to pay to the president and managers of the Phila-
delphia and Reading rail road company, the sum of fifty Shares $50.
dollars for every share of stock set opposite our respective
names, in such manner and proportions, and at such times,
as shall be determined by the president and managers of the
said company, in pursuance of an act of the General Assem-
bly of this Commonwealth, entitled An act to authorize
the Governor to incorporate the Philadelphia and Reading
rail road company.' Witness our hands, the
day of
one thousand eight hundred and thirty- ;"
and shall thereupon give notice, in one newspaper printed
in the county of Berks, in one newspaper printed in the
county of Chester, and in one newspaper printed in the city
of Philadelphia, two weeks at least, of the times and places Duties of
when and where the said books shall be kept open to receive stock
subscriptions for the stock of the said company, at which commiss❜rs.
respective times and places one or more of the commission-
ers 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 uames of any other person who shall authorize the
same, for shares in the said stock; and the said books shall
be kept open respectively, for the said purpose, at least six
hours in every juridical day, for the space of three days, or
until there shall have been subscribed twenty thousand
shares; and if, at the expiration of three days, the books
aforesaid shall not have the number of shares aforesaid there-
in subscribed, the said commissioners may adjourn from time
to time, and transfer the book or books elsewhere, until the
whole number of twenty thousand shares shall be subscribed,
of which adjournment and transfer the commissioners afore-
said shall give such public notice as the occasion may re-
quire; and when the whole number of shares sha!! be subscri- Proviso.
bed, then the books shall be closed: Provided, That no person Subscription
be permitted to subscribe for more than twenty shares mited 1st
on the first day, and not more than one hundred on the se- and 2d days,

Whole No. of shares, 0,000

of shares li

cond, after which any person may subscribe for any number 2d proviso. of shares, until the whole of the stock is taken: And provi $5 to be added also, That no subscription shall be valid, unless the vanced upon person so subscribing shall pay to the said commissioners, at the time of making the same, the sum of five dollars on subscription. each and every share, for the use of the company.

each share at the time of

Upon certifi

'cate to the Governor of

the subscription of 6000

shares of

Corporate style.

liabilities.

SECT. 2. And be it further enacted by the authority aforesaid, That when six thousand shares, or more, of the said stock shall be subscribed, and the sum of five dollars paid on each and every share, as aforesaid, the commissioners, or a majority 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 on stock, charter each share paid at the time of subscribing, whereupon the may issue. Governor shall, by letters patent, under his hand and the seal of the commonwealth, create and erect the subscribers, and if the subscription be not full at the time, then also those who shall thereafter subscribe 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 Philadelphia and Reading rail road company," and by the same name the subscribers shall have perpetual succession, with all the pri vileges, franchises and immunities, incident to a corporation, and be able to sue and be sued, implead and be impleaded, in all courts of record and elsewhere, and to purchase, rePrivileges & ceive, have, hold and enjoy, to them and their successors, lands, tenements and hereditaments, goods, chattels, and all estate, real, personal or 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 profits 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 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, 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, and the due management and ordering the affairs of the same: Provided, That nothing herein contained, shall be considered as in any Operations of way giving to the said corporation any banking privileges company to whatsoever, or any other liberties, privileges or franchises, but such as may be necessary or incident to the making and maintaining of the said rail road, and the conveyance of passengers, and the transportation of the mail, and of goods, merchandize and commodities thereon.

Proviso.

be confined to

making and using road.

SECT. 3. And be it further enacted by the authority aforesaid, That the said named persons, or a majority of them,

shall, as soon as conveniently may be after the said letters Organization. patent shall be obtained, give at least twenty days previous of corporation notice in the newspapers herein before mentioned of the time

officers.

and place by them appointed for 'the subscribers to meet in Provisional order to organize the said company, to choose by a majority election of 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 three months previously to the election at which such proxy shall be presented, duly authorized, one president and six managers, all of whom shall be residents of this commonwealth, a treasurer, secretary and such other officers as shall be deemed necessary; that the president and managers aforesaid shall conduct the business of said company until the second Monday of January then next, and until like officers shall be chosen, and may make such bylaws, rules, orders and regulations as are not inconsistent with the constitution and laws of the United States, or of this state, and that may be necessary for the well governing the affairs of the said company: Provided, That no person Proviso. but a stockholder shall be eligible to the office of president or manager.

election of

officers,

SECT. 4. And be it further enacted by the authority aforesaid, That the stockholders shall meet on the second Monday of January in every year, at such places as may be Annual fixed upon by the by-laws, of which notice shall be given at least twenty days previous, by the secretary, in the newspapers before mentioned, and choose by a majority of the votes present, officers for the ensuing year, as inentioned in the third section of this act, who shall continue in office for one year, and until others are chosen, and at such other time as they may be summoned by the managers in such manner and form as shall be prescribed by the by-laws, at which an- Special meet nual or special meeting they shall have full power and au- ings. thority 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 proportions following: for every share not exceeding two shares, one vote; for every Ratio of votes two shares above two, and not exceeding ten shares, one to shares, &c. vote; and for every five shares above ten, one vote; but no share shall confer a right of suffrage which shall not have been holden three calendar months prior to the day of the 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 or 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