act of the twenty-fifth of March, one thousand eight hundred and forty three. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The nineteenth day of February, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 74. AN ACT Relative to repairing roads in Upper Providence township, and to the Providence roads in Delaware county. WHEREAS, It has been represented to the legislature that a certain great road, leading from the borough of Chester, through the townships of Chester, Nether Providence, Upper Providence and Edgmont, known Preamble. as the Providence Great road, was laid out in the year one thousand seven hundred and thirty-two, without any width having been fixed to it; that for a long time heretofore, the said road has been kept open at various widths in various places, and has been gradually narrowing from time to time, that the uncertainty as to the true and legal width and location of the same, has given rise to many disputes among the landholders upon it; that these matters have thrown insuperable difficulties in the way of the supervisors in the performance of their legal duties, and as doubts are entertained of the jurisdiction of the court of quarter sessions over the case under the general road laws; therefore, 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 all the provisions of the general road laws, and of the supplements Provisions of the thereto, in regard to the laying out and vacating public roads, are hereby general road laws extended to the case of the Providence Great road, above recited; and and supplements, the court of quarter sessions of Delaware county, upon the petition of Providence great twenty or more citizens of said county, shall proceed to appoint viewers, road, &c. and if requisite, reviewers and re-reviewers, for the purpose of vacating said road or parts thereof, and laying out a new one, in part or in the extended to the whole, suitable to the accommodation of the public: Provided, That Proviso. of the county. SECTION 2. That so much of the revised act, entitled "An act relating Certain acts reto country rates and levies, and township rates and levies," approved vived. April fifteenth, one thousand eight hundred and thirty-four, and the act, 1 Proviso. Supervisors. Quorum. Certain acts declared to extend to the township entitled "An act relating to roads, highways, and bridges," passed June thirteenth, one thousand eight hundred and thirty-six, as relates to the public roads and highways of the several townships of this commonwealth, be and the same is hereby revived in the township of Upper Providence, in the county of Delaware: Provided, That nothing herein contained, shall be construed to authorize the supervisors, a clerk, collector of the road tax, or treasurer, at the expense of the said township, nor to prevent them from procuring the necessary assistance in making and repairing the public roads in said township, by special contract, or otherwise, as they shall deem most advantageous to the interest of the inhabitants thereof. SECTION 3. That the qualified voters of said township, are hereby authorized to elect, at their annual township election, in March, one thousand eight hundred and forty-nine, three supervisors, one of whom shall serve one year, one two years, and one three years; and annually thereafter, they shall elect one to serve a term of three years, two of whom shall be a quorum. SECTION 4. That so much of an act, entitled "An act granting certain powers to the authorities of the city of Lancaster and Philadelphia, and for other purposes," passed the sixteenth day of April, one thousand of Upper Provi- eight hundred and thirty-eight, as relates to the roads and highways in the county of Delaware, together with all other acts and supplements inconsistent with the provisions of this act, are hereby declared not to extend to the township of Upper Providence, in the county of Delaware. WILLIAM F. PACKER, dence. APPROVED-The nineteenth day of February, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 75. A SUPPLEMENT To the act, entitled "An Act to incorporate the Ohio and Pennsylvania railroad company," approved April eleventh, one thousand eight hundred and fortyeight. 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 for the purpose of preventing, as far as possible, the evils of transhipments from one set of railroad cars to another, and to prevent their occurring at the state line, the Ohio and Pennsylvania railroad company, be and they are hereby authorized to make the width of the track of that part of their road in Pennsylvania, the same as it is required to be n Ohio, and the same as the width of the tracks of the other roads authorized under the general railroad law of Ohio, with which their road will connect, to wit: four feet ten inches, notwithstanding any thing to the contrary in the act to which this is a supplement. APPROVED-The nineteenth day of February, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 76. AN ACT Regulating railroad companies. SECTION 1. Be it enacted by the Senate and House of Representafives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That whenever a special act of the general assembly shall hereafter be passed, Commissioners. authorizing the incorporation of a company for the construction of a railroad within this commonwealth, the commissioners named in such act, or any five of them, shall have power to open books for receiving bscriptions to the capital stock of such company, at such time or Subscriptions. the said books shall be kept open at least six hours in every day, for said commissioners five dollars on each and every share subscribed, for the use of the company. SECTION 2. That when ten per centum on the capital stock, as provided by any special act of incorporation, shall have been subscribed, and five dollars paid on each and every share, as aforesaid, the said commissioners, or such of them as shall have acted, shall certify to the governor, under their hands and seals, the names of the subscribers, and the number of shares subscribed by each, and that five dollars on each share have been paid, whereupon the governor shall, by letters patent, under his hand and the seal of the commonwealth, create and constitute the subscribers, and if the subscription be not full at the time, those who shall thereafter subscribe to the number of shares aforesaid, their successors and assigns, into a body politic and corporate, in deed and in law, by the name, style, and title, designated by the special act of assembly; and by the said name, style, and title, the said 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, use, and enjoy to them and their successors, goods, chattels, and estate, real and personal, of what kind and nature soever, and the same from time to time, to sell, exchange, mortgage, grant, alien, or otherwise dispose of, and to make dividends of such portion 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 or 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 said corporation, and the due ordering and management of the affairs thereof: Provided, That nothing herein contained shall be construed as in any way giving, to such corporation, any banking privileges whatever, or any other liberties, privileges, or franchises but such as may be necessary or convenient to the procuring, owning, making, maintaining, regulating, and using their railroad, the locomotives, machinery, cars, and other appendages thereof, and the conveyance of passengers, the transportation of goods, merchandize, and other commodities thereon: And provided further, That such company shall not purchase or hold any real estate, except such as may be necessary or convenient for the making and constructing of their railroad, or for the furnishing of materials therefor, and for the accommodation of depots, offices, warehouses, machine shops, toll houses, engine and water stations, and other appropriate appurtenances, and for the persons and things employed, or used in and about the same. SECTION 3. That the commissioners named as aforesaid, or such of them as shall have acted, shall as soon as conveniently may be after the said letters patent shall be obtained, appoint a time and place for the subscribers to meet, to organize the company, and shall give at least two weeks' notice thereof in the manner provided for in the first section of this act; and the said subscribers, when met, shall elect, by a majority of the votes present, to be given in person or by proxy, a president and twelve directors, the president and a majority of whom shall be resident citizens of this commonwealth, and shall be owners respectively of at least three shares in the stock of such company; and the said president and directors shall conduct and manage the affairs and business of said company, until the second Monday in January then next ensuing, and until others are chosen; and may make, ordain and establish such by-laws, rules, orders and regulations, and perform such other matters a majority of votes, supply the vacancy until the next annual election. SECTION 4. That the stockholders of such company shall meet on Annual meeting. the second Monday in January in every year, at such place as may be fixed on by the by-laws, of which notice shall be given at least two weeks previously by the secretary, in the manner before mentioned, and choose, by a majority of the votes present, a president and twelve directors qualified as aforesaid, for the ensuing year, who shall continue in office until the next annual election, and until others are chosen; at which annual meeting the said stockholders shall have full power and authority to make, alter or repeal, by a majority of votes given, any or all such by-laws, rules, orders and regulations as aforesaid, and do and perform every other corporate act authorized by their charter: the stockholders may meet at such other times and places as they be summoned by the president and directors, in such manner and form, and giving such notice as may be prescribed by the by-laws; and the president, on the request in writing of any number of stockholders representing not less than onetenth in interest, shall call a special meeting, giving the like notice, and Special meeting. stating specifically the objects of the meeting; and the objects stated in such notice, and no other, shall be acted on at such special meeting. SECTION 5. The elections for directors provided for in this act, shall Elections, how be conducted as follows, to wit: at the first election the commissioners conducted. shall appoint three stockholders to be judges of the said election, and to hold the same; and at every succeeding election the directors, for the time being, shall appoint three stockholders for the like purpose; and the persons so appointed by said commissioners and directors, shall not be eligible to an election as a director at said election, and shall respectively take and subscribe an oath or affirmation, before an alderman or justice of the peace, well and truly and according to law, to conduct such election to the best of their knowledge and ability; and the said judges shall decide upon the qualifications of voters, and when the election is closed, shall count the votes, and declare who have been elected; and if at any time it shall happen that an election of directors shall not be ) made at the time specified, the corporation shall not for that reason be dissolved; but it shall be lawful to hold and make such election of directors, on any day within three months thereafter, by giving at least ten days' previous notice of the time and place of holding said election in the manner aforesaid; and the directors of the preceding year shall in that case continue in office, and be invested with all powers belonging to them as such, until others are elected in their stead: in case of the death or resignation of a director, or a failure to elect in case of a tie vote, the vacancy may be filled by the board of directors: at all general meetings or elections by the stockholders, each share of stock shall entitle the holder thereof to one vote, and each ballot shall have endorsed thereon the number of shares thereby represented; but no share or shares transferred within sixty days next preceding any election, or general meeting of the stockholders, shall entitle the holder or holders thereof to vote at any such election or general meeting; nor shall any proxy be received, or entitle the holder to vote, unless the same shall bear date, and have been duly executed within the three months next preceding such election or general meeting. SECTION 6. That the president and directors of such company, for Powers. the time being, are hereby authorized and empowered to exercise all the powers granted to the corporation; they shall meet at such times and places as shall be by them deemed most convenient for the transaction |