Letters patent. Name. Proviso. Organization. Votes. person or body corporate, shall, at the time thereof, be required to pay to the attending commissioner or commissioners, five dollars on each share, out of which the said commissioners shall defray the expenses attending the taking of such subscriptions, and other incidental charges, and the balance shall be paid over to the treasurer of the said company, as soon as the same shall be organized, as hereinafter mentioned. SECTION 2. That when twenty or more persons shall have subscribed not less than one hundred and twenty-five shares, the commissioners aforesaid may, or when the whole number of shares aforesaid are subscribed, shall certify under their hands and seals the names of the subscribers, and the number of shares subscribed by each, and the amount paid on each share, to the governor of this commonwealth; and thereupon, he shall, by letters patent, under his hand and the great seal of the state, create and erect the subscribers, and also those who shall afterwards subscribe, and their assigns, into one body politic and corporate, in deed and in law, by the name, style and title of the "Gettysburg water company;" by which name the said subscribers shall have perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of taking and holding the capital stock and the increase and profits thereof, and of enlarging the same by new subscriptions, if it shall be found necessary to fulfil the intent of this act, so that the whole number of shares shall not exceed six hundred; and of purchasing, taking and holding to them and their successors and assigns, and of selling and transferring, in fee simple, or for any less estate, such lands, tenements, hereditaments and estate, real and personal, as shall be sold, devised, granted, or conveyed to them, by deed, bequest or otherwise; and of suing and being sued, and doing every matter or thing which a corporation or body corporate and politic may lawfully do: Provided, That the clear yearly income of such real estate shall not exceed two thousand dollars. SECTION 3. That any three or more of the aforesaid commissioners shall, as soon as conveniently may be after the issuing of the letters patent aforesaid, give at least ten days' notice, in one or more of the newspapers printed in Gettysburg, of a meeting of the stockholders, at a time and place certain therein to be mentioned, to hold an election for choosing by ballot five managers, who shall be stockholders, to con duct the affairs of the said company, until the first Monday in May, Anno Domini one thousand eight hundred and forty-seven; and in all elections, each stockholder shall be entitled to one vote for each share bona fide held by him, not exceeding five; and for every five shares above the first five, and not exceeding twenty, one vote; and no stockholder shall be entitled to more than eight votes at any election; and the said managers shall appoint one of their number president of the board, who shall sign all contracts and certificates of stock; the presiPower of board. dent and managers shall have power to appoint a treasurer, and such other officers and agents as may be necessary; and the election for officers shall be held annually on the first Monday in May, at such place as may be appointed by the managers, of which at least ten days' notice shall be given as aforesaid; and when vacancies happen, the managers shall supply them from among the stockholders until the next annual election: Provided, That such managers, president and treasurer shall be a resident of the borough of Gettysburg: And provided further, That no misnomer or failure of election of officers, on the day appointed, shall discontinue or dissolve the said corporation; but the managers and officers shall continue in office until a new election, which shall be made at such time and place, and after such notice as the board of managers may prescribe. Proviso. SECTION 4. That the president and managers, or a quorum of the To enact by-laws. same, shall have power to adopt such by-laws and regulations as they may deem expedient, and shall have power to call special meetings of the stockholders, whenever they may deem it necessary or advisable : Provided, That such by-laws, rules and regulations shall in no case Proviso. contravene the constitution and laws of this commonwealth. SECTION 5. That the president and managers shall procure a common Seal. seal, and the certificates of stock, and other official acts, shall be Certificates of authenticated by affixing the same; and one certificate of stock, signed stock. by the president, countersigned by the treasurer, and sealed as aforesaid, shall be delivered unto each person for every share held by him or her, as soon as ten dollars shall be paid on each share subscribed by him or her, which certificates shall be transferable, in person or by Transferable. attorney duly authorized, on the books of the said company, subject however to payments due, or to become due thereon; and thereupon the assignee of such share, on such transfer being entered on the books of the company, shall be a member of the corporation as fully as if he had been an original subscriber. SECTION 6. That the president and managers shall meet at such Duties of board. times and places as shall be fixed by the by-laws, and when met three shall form a quorum; and in the absence of the president, a chairman may be chosen of this number met; and all their transactions, as well as every matter or thing relating to the affairs of the said company, shall be entered in a book or books to be kept for such purpose; and a quorum being formed, they shall have full power to contract with, and Powers. employ engineers, artists and such workmen as they may deem necessary to carry on and complete the works, as well as to uphold, alter or repair the same; and also fix the times and manner, and in what proportion the stockholders shall pay the moneys yet to pay on their respective shares, and to draw on the treasurer for all moneys that may be necessary and required to carry into full effect this act, or that may be required by their by-laws, rules and regulations; and generally to do all such other matters and things as by this act, or their by-laws, rules and regulations they shall be authorized to do; and may also borrow money, if necessary, on the credit and security of the corporation, so that the amount so borrowed do not at any time exceed two thousand dollars. SECTION 7. It shall be the duty of the president and managers, as Convey water soon as may be after they shall be organized, to proceed to bring and into the borough convey into the borough of Gettysburg, by means of pipes, trunks, of Gettysburg. aqueducts or other means, some spring or springs, stream or streams of water, from the neighborhood of, or from within the bounds of the said borough, the right to which shall have previously been vested in said company, and also provide cisterns or reservoirs for the reception thereof; and if they deem it expedient, may contract with the present holders of the property of the old Gettysburg water company, for the property now held by them; and for the purpose aforesaid, they may enter into such lands or enclosures as may be necessary, and dig ditches, and lay pipes and trunks through the same, doing as little damage as Damages, how may be possible to private property, and paying for whatever injury ascertained and may be done by them; and when the parties cannot agree, then accord- to be paid. ing to an assessment to be made by three disinterested freeholders, to be appointed on application by the court of common pleas of Adams county, and who shall be duly sworn or affirmed, justly and truly, to make assessment of said damages; and the president and managers shall at all times, paying damages as aforesaid, have liberty to renew and repair all their pipes, trunks or structures through private property, Borough to erect hydrants for the extinguishment of fires. To supply indi viduals with water. rates. Proviso. doing as little damage as possible; and shall also have liberty at all times, to dig and lay pipes and trunks along roads and highways, and the streets and alleys of the borough of Gettysburg, and to renew and repair the same, shutting up and amending any breaches which they may respectively make as soon as possible; and it shall be lawful for them to make cisterns and reservoirs in the streets or public ground of said borough, when the same may be deemed necessary, making compensation as aforesaid. SECTION 8. That the president and managers shall, in such streets or parts of the borough where pipes shall be required and laid, permit the said borough to erect hydrants, to be used solely for extinguishing fire, paying a reasonable sum annually for such privilege; and the said company shall, at all times, where trunks and pipes shall be laid in and through any of the streets and alleys in said borough, suffer individuals to be supplied with water for domestic use, and such other uses as the president and managers may permit, for such reasonable compensation as shall from time to time, be agreed on by the said president and manaEstablish uniform gers and such individuals, according to such certain uniform rates as the said president and managers shall hereafter adopt, having regard to the probable quantity of water which applicants are likely to consume: Provided, That the owners of the freehold on and upon which said water is so taken and used shall, in all cases, be the parties with whom such contract, for the use of the water, shall be made; and the said real estate be bound for and liable for the payment of the same, reserving to the company the right to contract with the lessees or tenants, on the responsibility of the said lessees and tenants, if they see fit and proper so to do. And any person or persons, within the said borough, who shall take any of said water, for domestic or other uses, without having previously contracted for the same with the said president and managers, shall forfeit and pay for every such offence, any sum not exceeding the sum of fifty dollars to the said president and managers, for the use of the company, to be recovered before a justice of the peace, by action of debt or assumpsit, in the same manner as debts of equal amount are now recoverable. SECTION 9. That if any person or persons, or body politic, who shall have contracted with the said company for the use of said water, shall wantonly and unnecessarily waste the same, to the injury of the said company, or shall permit any other person or persons not being, by the said contract, entitled to the use thereof, to make use of the same; or shall neglect and fail to pay to the said company, the amount of money by him, her or them agreed upon, to be paid as a compensation for the use of said water, for the period of three months after the same shall be due and payable according to the terms of said contract, it shall be lawful for the president and managers to withhold, and cut off such water from the premises of such individual, or body politic and corporate, until all such arrearages, with interest and the costs of recovering the same, shall be paid: Provided, That nothing herein contained shall be so construed as to affect, impair or take away the right of the said company to sue for, and recover the amount of such arrearages. SECTION 10. That the president and managers shall call in such part of the capital stock of the said company, (the shares being fifteen dollars each) as shall remain unpaid, in instalments, as the same may be required; and if any stockholder, or original subscriber shall neglect, after twenty days' notice, published in one or more of the newspapers printed in the borough of Gettysburg, to pay such instalment, payment may be enforced as in other cases by action of debt, before a justice of the peace; or the said president and managers may, at their election, de clare said stock, and the moneys paid thereon, forfeited to the use of SECTION 11. That if any person shall wilfully destroy, or injure in Penalty for injuany manner, the pipes, aqueducts, cisterns, reservoirs, hydrants or any ring works. of them, or any of the works of the said company, erected or to be erected in pursuance of this act, or shall wilfully corrupt or otherwise render unwholesome, or use without permission the stream of water which shall be conveyed, or brought through the said borough of Gettysburs, by the said company, on being convicted thereof, before any justice of the peace in and for the county of Adams, by the oath or affirmation of one or more credible witnesses, pay a fine not exceeding twenty dollars; one half to go to the poor of said county, and the other half to the informer; and shall moreover remain liable for all damages to the company. SECTION 12. That the said corporation shall not have power to issue any note or notes, in the nature of bank notes, or to be endorser on any note or notes, in their corporate capacity, or to make discounts, or receive deposits; and in case the said company shall, at any time hereafter, violate any of the provisions of this section, their charter and privileges shall become null and void. FINDLEY PATTERSON, DANIEL L. SHERWOOD, Speaker of the Senate. APPROVED-The twentieth day of April, one thousand eight hun Restrictions. dred and forty-six. FRS. R. SHUNK. No. 410. AN ACT Authorizing the governor to incorporate the Brookville water 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 Samuel H. Lucas, Jesse G. Clark, Jared B. Evans, John Smith, Uriah Commissioners. Matson, and Samuel Craig, or any four of them, are hereby appointed commissioners, to do and perform all matters and things hereafter mentioned, that is to say: they shall, on or before the first day of May next, procure a book, and enter therein as follows: "We the subscri- Form of subbers, promise to pay to the president and managers of the Brookville scription. water company, the sum of five dollars for every share of stock set opposite to our respective names, in such manner and proportions, and sioners. at such times as shall be determined by the said company, in pursuance our Lord, one thousand eight hundred and forty;" and shall thereupon give notice, in one newspaper in the borough of Brookville, for the space of three weeks, when and where the said book shall be opened to receive subscriptions of stock; at which time and place one Duty of commis- or more of the said commissioners shall attend, and shall permit all persons of lawful age, either in their own names or in the names of others, when they shall appear to be duly authorized, to subscribe for any number of shares in the said stock; and the said book shall be kept open six days, or until six hundred shares shall have been subscribed; and the said commissioners, or the officers of the company, after the same shall have been organized, may, at any time afterwards, open the book for the subscription of shares till the whole number of shares, or amount of three thousand dollars, shall be subscribed: Provided, That it shall and may be lawful for the commissioners of Jefferson county, to take and subscribe any number of shares not exceeding seventy-five. Proviso. Letters patent. Name. Privileges. Organization. Votes. SECTION 2. That when seventy-five shares of the said stock shall have been subscribed, the commissioners shall certify under their hands and seals the names of the subscribers, and the number of shares subscribed by each, to the governor of this commonwealth; and thereupon, it shall be lawful for the governor, under his hand and the seal of the state, to create and erect the subscribers, and also those who shall afterwards subscribe, and their assigns, into one body politic and corporate, in deed and in law, by the name, style and title of the Brookville water company; by which name the said subscribers shall have perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of taking and holding the capital stock, and the increase and the profits thereof, and of enlarging the same by new subscription, if it shall be found necessary to fulfil the intent of this act; and of purchasing, taking and holding to them, their successors and assigns, and of selling and transferring, in fee simple, or for any less estate, such lands, tenements, hereditaments and estate, real or personal, as shall be necessary in the prosecution of their works; and of suing and being sued, and of doing any matter and thing which a corporation or body politic may lawfully do. SECTION 3. That any three or more of the said commissioners shall, as soon as conveniently may be aiter the letters patent are obtained, give at least ten days' notice, in one or more of the newspapers printed in the borough of Brookville, of the time and place of holding an election for officers of the company; at which time the subscribers shall meet and choose by ballot five managers, who shall be stockholders, to conduct the affairs of the company, until the first Monday of February then next ensuing; and in all elections, each stockholder shall be entitled to one vote for each share bona fide held by him, not exceeding three; but no stockholder shall be entitled to more than three votes at any election; and the said managers shall appoint one of their number president of their board, who shall sign all contracts and certificates of stock; the president and managers shall have power to appoint a treasurer, and such other officers and agents as may be necessary; and the elections Annual election. for officers shall be held annually on the first Monday of February, at such place as may be appointed by the managers, of which at least ten days' notice shall be given in one newspaper in said borough; and when vacancies happen, the managers shall supply them from among the stockholders until the next annual election: Provided, That no Proviso. |