been in busi. facturer, except such as are enumerated in the first proviso of the fourth section of the act to which this is a supplement, it shall be deemed a violation of his privilege as an auctioneer. SECT. 2. And be it further enacted by the authority aforesaid, That no person or persons shall, under pretence of Persons who declining business, dispose of his, her or their stock of goods have not or merchandize, by public auction in the city of Lancaster, ness 6 months or in any of the towns mentioned in this act, or in the act to forbidden to which this is a supplement, unless such person or persons shall sell off stock have resided and been a licensed retailer in the said city or by auction. town at least six months immediately preceding such sale, and that under such pretence of declining business, no person or persons as aforesaid, shall dispose of his, her, or their stock of goods or merchandize, by public auction in the said city or towns, more than once in any term of twelve successive months; and that every person or persons offending against this section, shall upon conviction, forfeit and pay a fine of not less than fifty nor more than five hundred dollars Penalty an to the commonwealth, and the like proceedings shall be had offence. against such person or persons, as are directed by this act and by the act to which this is a supplement, in cases of auctioneers violating the provisions of the said acts. Manner of ment or the original law. SECT. S. And be it further enacted by the authority aforesaid, That from and after the passage of this act, the mode of proceeding against any person for a violation of the pro- proceeding visions of this act, or the act to which this is a supplement, against pershall be by indictment in the court of Quarter Sessions of sons violating the proper county, and whenever complaint shall be made this suppleto any justice of the peace or alderman of the proper county or city, on oath or affirmation, against any person for violating the provisions of the same, it shall be his duty to issue a warrant for the apprehension of such person, and compel him to enter into a recognizance with sufficient sureties for his appearance at the next court of Quarter Sessions of the proper county, to answer the said complaint, and any person being thereof duly convicted, shall pay a fine for the use of the commonwealth, of not less than fifty nor more than five hundred dollars, at the discretion of the court, together with the costs of prosecution; and so much of the fourth section of the Provision of act to which this is a supplement, as authorizes suit to be brought for the penalty of five hundred dollars, be and the same is hereby repealed, except as to suits now brought and pending. 4th sect. of original law repealed. SECT. 4. And be it further enacted by the authority said, That sales at auction shall be regulated in the borough Lebanon, Leof Lebanon, and in the different towns and villages in the banon c'ty, county of Lebanon, and in the borough of Williamsport in & Williamsthe county of Lycoming, in the same manner as is provided port, Lycom for in the preceding sections of this act, and in the act to ing co, made subject to which this is a supplement, for the city of Lancaster; the these acts. Suspension of auctioneer to be appointed in the same manner, paying the same duties, and be liable to the same regulations and pe nalties, and the duties enjoined in the first section of this act upon justices of the peace in the county of Lancaster, are extended to the counties of Dauphin, Cumberland, York, Chester, Lycoming and Lebanon. SECT. 5. And be it further enacted by the authority aforesaid, That the provisions of this act shall, so far as concerns the city and county of Lancaster, not go into operation until the seventh day of June next. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The sixth day of April, A. D. one thousand eight hundred and thirty-three. GEO. WOLF. No. 85. AN ACT To authorize the Governor to incorporate the Norristown aud Mount SECT. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General As sembly met, and it is hereby enacted by the authority of the same. That Benjamin Carpenter, John Miles, Peter Wager, Jacob Hayberger, Isaac Koones, Thomas Sergeant, Edward R. Biddle, Samuel II. Davis, Peter Parker and Mark Richards, Esq. of the city and county of Philadelphia; Philip Boyer, Samuel D. Patterson and John Tod, of Montgomery county; Heary Dengler, Samuel Bartoles, John Wanner, John A. Bertolet and Jacob W. Miller, of Berks county; Jacob Krebs, Samuel Huntzinger, Andrew Russel and David Walker, Esq. of Schuylkill county; Thomas R. Fisher, Samuel Harvey, Benjamin Chew, jr. of the county of Philadelphia, 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 Form of sub. of which shall be opened at the coffee house in Philadelphia, day, one thousand eight hundred and thirty of Schuylkill, two weeks at least, of the times and places General du- pany. each share. Corporate style. Frivileges & Labilities. SECT. 2. And be it further enacted by the authority aforeCharter may said, That when six thousand shares or more, of the said issue upon stock shall be subscribed and the sum of five dollars paid on subscription each and every share as aforesaid, the commissioners or a of 6,000 majority of them shall certify to the Governor, under oath shares. or affirmation, the names of the subscribers and the number of shares subscribed by each, and the sum of five dollars on each share, paid at the time of subscribing; whereupon the 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 fuli, 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 Norris town and Mount Carbon rail road company," and by the same name, the subscribers 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, in all courts of record and elsewhere, and to purchase, receive, have, hold and enjoy to them and their successors, lands, tenements and hereditaments goods, chattles 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 profi's 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 By-laws, &c. 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 singuJar, the matters and things, which to them it sha!! 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 Operations of considered as in any way giving to the said corporation, any com. confined banking privileges whatsoever, or any other liberties, privilemaking & les, or franchises, but such as may be necessary, or incident using road. 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. Seal Provisa. SECT. S. And be it further enacted by the authority aforeFirst meeting said, That the said named persons, or a majority of them, and organiza- shall as soon as conveniently may be after the said letters on of comp. patent shall be obtained, give at least twenty days previous Hotice in the newspapers herein before mentioned, of the time and place by them appointed, for the subscribers to meet in order to organize the said company, 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 three months previously to Election of the election at which such proxy shall be presented, duly prest. 6 maauthorized, one president and six managers, all of whom nagers, treashall be residents of this commonwealth, a treasurer, secre- surer, secretary, &e. pro tary and such other officers as shall be deemed necessary; tem. 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 by-laws, rules, orders and regulations, as are not inconsistent with the constitution and laws of the United States, or of this state, and that inay be necessary Proviso. for the well governing the affairs of the said company: Pro None but vided, That no person but a stockholder shall be eligible to stockholders the office of president or manager. eligible. Of the annual elections. 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 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 mentioned in the third section of this act, who shall continue in office for one year, Ratio of votes and until others are chosen, and at such other time as they to shares may be summoned by the managers, in such manner and held. form as shall be prescribed by the by laws, at which annual or special 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 proportions 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 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 member, and not in trust for, and to the use and benefit of any other person: Provided, Proviso. That no shares held by transfer shall be entitled to vote, un- Shares held less the same shall have been transferred at least three months by transfer and votes by before the election; 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, one thousand eight hundred proxy. |