Preamble. Penalty for inju- Proviso. Proviso. No. 379. AN ACT More effectually to preserve the public grounds and public buildings of the commonwealth. WHEREAS, The public grounds enclosed around the capitol of the state are continually infested with persons, during the summer season, of all ages and sexes, committing depredations in defiance to the keep ers of the buildings and grounds, upon the shrubbery, trees, walks and buildings: And whereas, It is necessary that some provision be made for the better preservation and protection of those grounds, together with the walks, shrubbery, trees and buildings; therefore, SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all and every person or persons, minors as well as adults, who shall be guilty of injuring any of the public walks, shrubbery, trees or grounds, in any way or manner whatever, or who shall daub, paint or disfigure the colums or walls of any of the public buildings, shall be considered guilty of malicious mischief, and punished by fine or imprisonment; and in all cases of any of the aforesaid trespassers being committed, the keeper of the public grounds or the public buildings, may prosecute such offenders, before any justice of the peace in the borough of Harrisburg, and shall be a competent witness in any of said prosecutions; and upon a hearing of the case and the facts made out, the justice shall fine the defendant or defendants in any sum not exceeding ten dollars and cost of suit, or in case of a want of means to pay said judgment and fine and costs, the justice may commit the party so offending to the jail of the county, for any time not exceeding ten days: Provided, That all penalties recovered under this act shall be paid into the state treasury of this commonwealth: And provided further, That the agents of the commonwealth who are employed as the keepers of the public ground and public buildings, shal have the power and authority to order any disorderly persons, minors as well as adults, out of the limits of said enclosed grounds, and in case they refuse to leave, upon being requested so to do, by either of the aforesaid keepers, they may make complaint before a justice of the peace, of the misconduct of such persons, and the justice shall issue his warrant and inquire into the facts, and shall have power to bind all such persons to be of good behavior, and pay the costs of said prosecution. APPROVED―The tenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 380. AN ACT To authorize the guardian of Catharine Alice Gloninger to sell certain real estate, and to release certain ground rents. 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 it shall and may be lawful for John B. Heister, guardian of Catharine Alice Gioninger, of the county of Lebanon, to grant, bargain, sell and convey all the right, title, interest and estate of the said Catharine Alice Gloninger, in a certain lot of ground, with the appurtenances, situate on the north side of Filbert street, at the distance of two hundred and twenty-nine feet or thereabouts, westward from the west side of Schuylkill Eighth street, in the city of Philadelphia; the said lot containing in front or breadth on said Filbert street seventeen feet, and extending in length or depth northward one hundred and twenty-seven feet to a thirty feet wide street called Ann street; the said lot being formerly the property of Jacob Hassinger, deceased, and to release and extinguish the ground rent charged on the same. WILLIAM F. PACKER, GEORGE DARSIE, Speaker of the Senate. APPROVED-The tenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 381. AN ACT For the relief of John Welsh for damage sustained on the Philadelphia and Columbia railroad; and to extend the time for completing the Bald Eagle and Nittany Valley turnpike and railroad. 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 John Welsh, rethe state treasurer be and he is hereby directed and required to pay to lief of. John Welsh the sum of one hundred and twenty dollars, as compensa Time for the final completion of the Bald Eagle and Nittany Valley turnpike and railroad, extended. tion for damages sustained upon the Philadelphia and Columbia railroad, on the sixth day of May, Anno Domini one thousand eight hundred and forty-four. SECTION 2. That the time for the final completion of the Bald Eagle and Nittany Valley turnpike and railroad, be and is hereby extended until the first day of September, one thousand eight hundred and fortynine, and that no failure on the part of the said company to complete the said work before that time, shall be deemed a forfeiture of their corporate privileges: And further, That no neglect on the part of the stockholders of said company to hold the annual election, provided for by the fourth section of the said act, shall be deemed to affect their corporate rights or privileges. WILLIAM F. PACKER, Speaker of the House of Representatives. APPROVED-The tenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. Corporators. Location. Style. No. 382. AN ACT To incorporate the North American telegraph 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 Isaac G. M'Kinley, Henry Buehler, James M'Cormick, William Colder, senior, Philip A. Small, D. G. Barnitz, J. Lee, Z. Barnum, H. J. Rogers, Joshua P. Eyre, John M. Broomhall, and Mark Brooke and their associates, and such other persons as may hereafter become stockholders in the company called "The North American telegraph company," their successors and assigns, shall be and they are hereby made and constituted a body politic and corporate, for the purpose of making, using and maintaining telegraph lines and communications through this state, between the city of Philadelphia and the cities of New York, Baltimore, Washington city, D. C., and intermediate towns and villages, by the name, style and title of "The North American telegraph company;" and by the same name, style and title, shall have perpetual succession, and all the privileges, franchises and immunities incident to a corporation, may sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, of record and otherwise, may purchase, receive, have, hold and enjoy to them, their successors and assigns, lands, tenements and hereditaments, goods, chattles, and all estate, real, personal and mixed, of what kind and quality soever, and the same from time to time may sell, convey, mortgage, grant, alien SECTION 2. That the capital stock of the said corporation hereby created, shall be one hundred and twenty-five thousand dollars, in Capital stock. shares of one hundred dollars each; certificates of which shall be issued Certificates of to such person or persons, corporation or corporations, other than coun- stock. ties, townships, or municipal corporations, who have heretofore subscribed or paid money, or may hereafter subscribe or pay money for the construction of said telegraph lines, for the number of shares which he, she, or it may have, or shall subscribe for, or hold in the said corporation, signed by the president, and countersigned by the secretary, and sealed with the common seal; which stock shall be transferable in Transferable. person or by attorney, executors, administrators, guardians, trustees or officers, under such regulations as may be provided by the by-laws. SECTION 3. That it shall and may be lawful for any corporation or body politic, other than counties, townships and municipal corporations, Corporations may to subscribe for and hold one or more shares of capital stock in the said corporation hereby incorporated. subscribe. May connect SECTION 4. The said corporation shall have power to connect, by contract with other persons or corporations having other telegraphic with other telelines within or out of this state, for the purpose aforesaid, and may or- graphic lines. ganize and act, when seventy-five thousand dollars shall have been subscribed, and if deemed necessary by the directors and a majority of the stockholders, the capital stock may be increased to two hundred and fifty thousand dollars. SECTION 5. That the persons named in the first section of this act, Organization. or any five of them, shall call a meeting, to be held on the first Tuesday of June next, or at any other convenient time, of the corporate body hereby created, given three weeks' notice of the time and place of holding the same, in at least one newspaper in the city of Philadelphia and the borough of Harrisburg, for the purpose of choosing a president, Officers. secretary and treasurer and four directors, which four directors, with the president, shall constitute the board of directors for the management of its affairs. SECTION 6. That the president, directors, secretary and treasurer of said corporation hereby created, shall hold their offices for the term of Term of office. one year, and until their successors shall be elected, and shall exercise all such powers pertaining to the making, maintaining, use and management of said telegraph lines, and the affairs, interest and business of the said corporation, authorized by its by-laws and not incompatible with the constitution and laws of this state and the United States. SECTION 7. That the annual meeting of the said corporation shall be Annual meeting. held on the first Tuesday of May, in each and every year hereafter, Votes. Proviso. May erect and construct works, edifices, fixtures, &c. Proviso. Damages, how adjusted. unless the stockholders at an annual meeting shall otherwise direct, and special meetings shall be called by the president and directors whenever in their opinion the interests of the company may require it, or when it may be demanded by persons holding one-third of the capital stock; such reasonable notice to be given of the time and place of holding such meetings as may be prescribed by the by-laws of the corporation. SECTION 8. That at every election for officers, each share shall entitle the holder thereof to one vote, to be given by ballot: Provided, That no one stockholder shall be entitled, on account of the stock held by him, to cast more than one-sixth of the entire vote to which all the shares, if held singly, would be entitled, and absent stockholders may vote by agents or proxies, producing written authorities: And provided also, In the event of an equal number of votes being cast for two of more candidates, in any election for officers, the choice between them shall be determined by lot. SECTION 9. That it shall and may be lawful for the said corporation hereby created, to erect and construct works, edifices, fixtures and structures along and across any of the roads, highways, streets and waters within this state, along or across which they shall convey their wire towards the Delaware state line, in the direction of Washington city, and to the New Jersey state line in the direction of New York; the said works to be so placed as not to interfere with the common use of such roads, highways, streets and waters; and the said corporation and all other persons by them authorized, appointed or employed, shall have power and authority to enter into and upon, hold, occupy and enjoy any land for the purpose of locating and constructing the said telegraph lines, and using, repairing, maintaining and enjoying the same, upon which the same may be located, or which may be necessary or convenient for the location of the same: Provided, That such compensation, previous thereto, shall be made, secured or tendered to the owner or owners of the land as shall be agreed upon between the parties, or in such manner as is hereinafter mentioned. SECTION 10. That if the said corporation and the owner or owners of any land through which the said telegraph lines shall pass, cannot agree upon the price or compensation to be paid by the said corporation for such land taken or used, or the damages done thereto, it shall and may be lawful for either party to apply to the court of common pleas for the county in which such lands shall lie, by petition, stating the facts in relation thereto; and thereupon it shall be the duty of said court to appoint three disinterested persons of the proper county, or of any county adjoining, and to fix a time, not less than twenty nor more than thirty days thereafter, for the said viewers to meet upon the premises where the damages are alleged to be sustained, of which time and place notice shall be given by the party petitioning to said viewers and to the other party; and the said viewers when so met shall be first sworn or affirmed justly and equitably to assess the damages, if any, which may have been or are likely to be sustained by the owner or owners of such land, and shall then view the premises and justly and equitably assess and estimate the damages which may have been sustained by the owner or owners of such lands, through which the said telegraph lines shall pass, and deducting from the damages the value of the advantages and benefits which will be likely to accrue to the owners of said land, from the said telegraph lines or works connected therewith, and to make out a report of their assessment of damages, signed by said viewers, and return the same to the court appointing them, at the next term thereof, which report being confirmed by said court, shall be considered a judgment of the said court, and collected in like manner as other judgments of the |