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Removal di

of votes given for or against the removal of the election district, to make out a return thereof, which return shall be lodged in the office of the clerk of the court of Quarter Ses-rected in case sions of said county, and if it shall appear that there is a of a majority majority of the electors of said township in favor of a remo therefor. val of the election district, from thenceforth the general election for said district shall be held at the school house in the town of Florence.

SECT. 56. And be it further enacted by the authority aforesaid, That it shall be the duty of the constable of the town- Constable to give notice of ship of Hanover, to give at least twenty days notice that an election. election will be held as aforesaid, by six printed or written advertisements in the most public places in said township.

SECT. 57. And be it further enacted by the authority afore said, That the electors in the township of Carroll, in the York co. county of York, shall hereafter hold their general elections township.

at the house of Daniel Ahl, in said township.

Carroll

SECT. 58. And be it further enacted by the authority aforesaid, That the electors in Union township, in Union county, Union co. shall hereafter hold their general elections at the commis- Union sioners' office, in New Berlin.

township.

Franklin co.
Letterkenny

SECT. 59. And be it further enacted by the authority aforesaid, That the electors of Letterkenny township, in the county of Franklin, shall from and after the passage of this act, township. hold their general and township elections at the Strasburg school house, in said township.

SECT. 60. And be it further enacted by the authority aforesaid, That the electors residing in the townships of Tobey Armstrong and Red Bank, in the county of Armstrong, within the fol- .. New district lowing described bounds, shall hereafter be a separate elec- formed from tion district: beginning at the mouth of Mahoning creek; part of Toby thence up the Allegheny river to a point one mile above the and Red Bank mouth of Cat Fish run; thence a straight line to the corner townships. of Red Bank and Clarion townships; thence along the line of said townships to Leatherwood creek; thence down said creek to its mouth, at Red Bank creek; thence up Red Bank to the southern extremity of the Big Bend; thence due south to Mahoning creek; thence down said creek to the beginning, and that the place of holding the general election shall be at the school house at Lawsenham.

Northumb'd

CO.

SECT. 61. And be it further enacted by the authority afore said, That the general elections for the township of Lower Mahanoy, in the county of Northumberland, shall be held at Lower Maha. the house now occupied by Solomon Ressler, in Georgetown. noy township. SECT. 62. And be it further enacted by the authority afore

said, That the township of Paxton, in the county of Colum- Columbia co. bia, shall hereafter be a separate election district, and the Paxton electors thereof shall hold their general elections at the house township. of Adam Michael, in said township.

Perry co. Buffaloe township,

SECT. 63. And be it further enacted by the authority afore said, That the general elections for the township of Buffaloe, in the county of Perry, shall hereafter be held at the house now occupied by William Montgomery, in said township.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

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

GEO. WOLF.

tion of stock. Form of heading.

No. 172.

AN ACT

Authorizing the Governor to incorporate a company to extend the West Chester rail road into and along the streets of the borough, and for other purposes.

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 William Everhart, Eber Worthington, Thomas Certain per S. Bell, Captain William Apple and James Tillum, of the sons appoint- borough of West Chester, are hereby appointed commissioned comm'rs, ers to perform the several matters herein provided for, to wit: to open books they or any three of them shall procure suitable books in for subscrip- which shall be entered as follows: "We and each of us whose names are hereunto subscribed, promise to pay to the directors of the West Chester extended rail road company," the sum of twenty dollars for every share of stock set opposite our names and by us respectively subscribed, in such manner and proportions, and at such times and places as shall be fixed on by the directors of the aforesaid rail road company, and shall thereupon give due notice in at least two newspapers published in said borough, or in handbills at their discretion, of the time and places where the commissioners or a majority of them will attend to receive subscriptions; the books to be kept open from one till five o'clock, P. M. for three days unless five hundred and fifty shares shall be sooner subscribed, if however at the end of three days that number of shares shall not be subscribed, the commissioners may adjourn from time to time, until the same are subscribed, giving notice as afore

Shares $20.

said, no subscription to be valid, unless the sum of five $5 to be paid dollars on each share is paid at the time of subscribing, for down upon the use of the company.

each share.

SECT. 2. And be it further enacted by the authority aforesaid, That if more shares shall be subscribed than are requi Case of excess red, the commissioners may reduce the number to the requi- of subscrip tion provided site quantity, the books may be closed as soon as the required number shall have been subscribed.

for.

bed.

SECT. 3. And be it further enacted by the authority aforesaid, That when fifty shares shall have been subscribed Charter may and the subscription money paid, the commissioners or a ma- issue upon 50 jority of them may certify the same, to the Governor of the shares having Commonwealth, who shall thereupon issue letters patent, in been subscrithe usual form, creating the subscribers and if the subscription shall not be full, then also those who shall afterwards subscribe, into a corporate body, by the title of the "West Corporate Chester extended rail road company," by which title the style. said subscribers shall have perpetual succession, and all the privileges and rights of a corporation, may purchase and hold to them and their successors and assigns, lands and other species of property necessary for said road, and the same from time to time may pledge, mortgage or dispose of, and and liabilities make dividends of the profits as they may deem proper; the said company may have a common seal and generally do all matters and things for the well being of the said corporation, and the due management of the affairs and business of the same: Provided, That nothing herein contained shall be con- Proviso. strued to give any banking privileges to the said corporation, Restrictions. or any rights but such as may be necessary to carry the ob jects and provisions of this act into full effect.

Privileges

Of the elec

SECT. 4. And be it further enacted by the authority aforesaid, That five directors shall be annually elected by the stockholders, by ballot, to manage the concerns of the said tion. corporation, the votes to be delivered in person or by proxy; the directors to choose one of their number president, they shall serve for one year, or until others are elected agreeably to this act, and shall have power to make all by-laws, orders and regulations, not inconsistent with the constitution and Directors, laws of the United States and Pennsylvania; none but stock- president, &c. holders shall be eligible as directors, and each share of stock

held sixty days prior to an election shall be entitled to one vote, those having the highest number of votes to be declared duly elected.

SECT. 5. And be it further enacted by the authority afore

said, That to entitle à stockholder to vote, the stock must of the voting be held by him absolutely, in his own right or that of his wife, privileges of or as executor, administrator, trustee or guardian, or for stockholders. the use of some co-partnership, corporation or society of which the voter may be a member, no share or shares shall be entitled to a vote at any election or meeting of the company,

470

when any instalment or arrearages may have been unpaid for twenty days; all votes by proxy shall be on the terms prescribed by the act of twenty eighth of March, one thousand eight hundred and twenty, to regulate proxies; all proxies shall be dated and given within thirty days of an election.

SECT. 6. And be it further enacted by the authority aforeOrganization said, That the commissioners named in this act, or a majority of company, of them, shall as soon as convenient after letters patent have

and annual

election.

been obtained, give ten days public notice to the stockholders, of the time and place to be fixed by them within the borough, to meet and elect five directors as provided for by this act, and annually thereafter the stockholders shall meet on the first Monday in March to elect directors as aforesaid. upon notice being given by the president, or other officer of the said company, in the manner before mentioned; if, however, from any cause the election shall not be held on the day specified, it may be held on a subsequent day within the year upon like notice, and in the mean time the directors of the preceding year shall continue to act, with all the powers vested in them by this act, nor shall the charter be avoided by reason of such non election; in case of vacancy by death, resignation, removal or other cause, of any director provided for. his place shall be supplied until the next election by the remaining directors.

Neglect and vacancies

General

directors.

SECT. 7. And be it further enacted by the authority aforesaid, That the said directors shall meet when and as often powers of the as may be necessary, a majority shall constitute a quorum, to transact business, and, in the absence of the president, may choose a president pro. tem.; they are authorized to appoint such officers and engineers as may be found necessa ry, to fix their compensation and take security for the faithful performance of their duties and trusts; they shall have power to fix the time, manner and proportions in which stockholders shall pay their instalments, and to forfeit, for the benefit of the company, the share or shares of any person neglecting to comply with their requisitions, to regulate tolls and make such contracts and agreements with others, as the execution and management of the works and the convenience and interest of the company may appear to require, and in general to superintend and direct the receipts, disbursements and all other affairs and proceedings of the company, necessary to the full and effectual execution of the designs of this act.

SECT. 8. And be it further enacted by the authority aforeIssue, &c. of said, That the directors aforesaid shall issue certificates of certificates of stock to the subscribers or share holders in said company, stock provi- from time to time as may be found useful and proper, signed dd for.

by the president, with the seai of the corporation, if they have one, subject however to all payments due or to grow thereon, which stock may be transferred in person or by attorirey, or

by executors, administrators, trustees, guardians, other authorized persons, under such regulations as may be established by the by-laws.

affairs to stockholders.

SECT. 9. And be it further enacted by the authority aforesaid, That at each annual meeting of the stockholders, the Annual statedirectors of the preceding year shall exhibit a full statement ment of of the affairs, proceedings and condition of the company, while they were directors; special meetings of the stockholders may be called by the directors, or at the request of or by the stockholders holding one-fourth of the amount of meetings. Special capital stock, on the same notice required for elections, which notice shall, however, state the objects of the meeting, but no business shall be transacted unless a majority in value of the stockholders shall be present in person or by proxy.

SECT. 10. And be it further enacted by the authority aforesaid, That the said company are hereby authorized as soon Route, &c. of as convenient after obtaining a charter, to locate and con- rail road. struct a rail road of a single track with the sideings or turn outs, if deemed necessary, from the present termination of the West Chester rail road in said borough, into and along such street or streets and by such route or routes as may be deemed most advisable and beneficial by said company, and to construct such ware houses, toll houses, carriages, carts and other vehicles, and all such other works and appendages as may be necessary for the convenience and use of the said company, for the full enjoyment and occupancy of the said rail road: Provided, The same shall not pass upon or interfere with Gay and High streets of said borough, except by crossing the same.

Proviso.

for.

SECT. 11. And be it further enacted by the authority aforesaid, That the company created in pursuance of this act, are Connexion hereby empowered to connect the West Chester extended with the West Tail road with the present West Chester rail road, so as to Chester rail form a continuous track from the last mentioned road into road provided and along the streets of the borough, in the manner mentioned in the preceding section, and the said company are hereby authorized to pass on, to and along the said West Chester rail road with their cars, carriages and other vehicles, and from the same unto the road authorized by this act, without molestation, hindrance or obstruction of any kind, the said Same tolls, company paying to the said West Chester rail road company &c. the same rate of toll per mile for the use of the said rail road that is required from others using and travelling the said road.

SECT. 12. And be it further enacted by the authority aforesaid, That it shall be lawful for the said company, their officers, engineers and agents to enter upon any lands or lots, Right of enor any of the streets of the said borough, for the purpose of try to survey surveying and locating the route of the said rail road, and when the said route shall be determined by the said compa

and locate,

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