authorities.

the same is hereby amended so as to read as follows: Section 15. No street passenger railway shall be constructed by any company, incorporated under this act, within the limits of any city, borough or township, without the consent of the local authorities there- Consent of local of; nor shall any street railway be incorporated hereunder, which shall not have a continuous route, in- Route to be cluding branches and extensions, from the beginning continuous. to the end, including connections made with each of its branches and extensions or they with each other, and including the use of bridges and the approaches thereto, and the two thousand five hundred feet authorized to be used under section fourteen as amended by the provisions of this act.

Section 5. That section four of the act, entitled "An act to amend an act, entitled 'An act to provide for the incorporation and government of street railways in this Commonwealth,' approved the fourteenth day of May, Anno Domini one thousand eight hundred and eighty-nine, as amended by an act, entitled 'An act to amend an act, entitled 'An act to provide for the incorporation and government of street railway companies in this Commonwealth,' approved the fourteenth day of May, Anno Domini one thousand eight hundred and eighty-nine,' increasing the length of the tracks of other companies that may be used, authorizing the carrying and distribution of mails of the United States, and the abandonment of portions of street railway companies, approved the twenty-first day of May, Anno Domini one thousand eight hundred and ninety-five, which reads as follows:

"Section 4. Any company incorporated under the provisions of an act, entitled 'An act to provide for the incorporation and government of street railway companies in this Commonwealth,' approved May fourteenth, Anno Domini one thousand eight hundred and eighty-nine, is hereby authorized and empowered, with the consent of the authorities of the municipality within which said railway is located, to abandon any portion of its road, without prejudice to its right to operate, or to complete and operate, the remaining portion of its railway, by appropriate action by its board of directors, with the approval of a majority in value of its stockholders, upon the filing of a copy of such action, certified under the hand of its president and secretary and the seal of the company, in the of fice of the Secretary of the Commonwealth, and also with the proper municipal authorities," be and the same is hereby amended so as to read as follows:

Section 4. Any company incorporated under the provisions of an act, entitled "An act to provide for the incorporation and government of street railways in this Commonwealth," approved May fourteenth, Anno Domini one thousand eight hundred and eighty-nine,

section 4 of act of May 21, 1895, cited

for amendment.

portion of its

is hereby authorized and empowered, with the consent of the local authorities of any city, borough or townMay abandon any ship within which said railway is located, to abandon any portion of its road, without prejudice to its right to operate, or to complete and operate, the remaining portion of its railway, by appropriate action by its With approval of board of directors, with the approval of a majority in

road.

a majority of its stockholders.

Use and occupation of streets, highways and bridges.

Consent of local authorities.

Compensation.

How to be made or secured.

Application to authorities shall be

years.

value of its stockholders, upon the filing of a copy of such action, certified under the hands of its president and secretary and the seal of the company, in the office of the Secretary of the Commonwealth, and also with the proper local authorities. All streets, highways and bridges, or parts thereof, the use and occupation of which is thus abandoned, or which shall be deemed abandoned as hereafter set forth, and any other street, highway or bridge, or part or parts thereof, the use and occupation of which has heretofore been abandoned or dis continued, or which is only in temporary use, or which is not occupied by any railway because of the prohibition contained in any act of Assembly or any ordinance of councils, or because of any contract or agreement by and between any railway and the Commonwealth of Pennsylvania, or any railway and the local authorities of any city, borough or township, or the Commonwealth and any of the citizens thereof, or because of any ordinance of the councils of any city, borough or township, may thereafter or hereafter, with the consent of the local authorities of such city, borough or township, but not otherwise be occupied and used by any railway company chartered under this act, or by the company which has abandoned or discontinued the use thereof. Before such use shall be made of any such street, highway or bridge, compensation for the use thereof shall be made or secured to any persons or corporations having vested rights under any such act of Assembly, ordinance, contract or agreement, and injured thereby. Such compensation shall be made or se cured, in the manner herein provided for by the amend ment to the fourteenth section of an act, entitled "An act to provide for the incorporation and government of street railway companies of this Commonwealth," approved the fourteenth day of May, Anno Domini one thousand eight hundred and eighty-nine.

Section 6. Any company which does not, within two made within two years from the date of its incorporation, make formal application to the local authorities of the proper city, borough or township for leave to occupy and use the streets, highways or bridges which, by its charter, it is authorized to occupy and use, and any company which heretofore has or hereafter does obtain legisla tive or municipal consent to occupy and use any streets, highways or bridges, and does not forthwith. diligently proceed to occupy and use the same, and does not begin work within two years after such consent shall be obtained, and complete its road, as provided by its charter, within five years thereafter, and

Road must be completed and in use within five years.

constantly daily use the same thereafter for the transportation of passengers, shall be deemed to have abandoned the right to occupy and use such streets, high ways and bridges; and the same may be occupied and used by any other company, duly chartered and obtaining consent so to do, anything in any general or special act of Assembly or municipal ordinance to the contrary, notwithstanding.

Section 7. Any railway company, incorporated under this act, shall have the right and power, if it deem it to be necessary in order to make connections with any portion of its track, whether main line, branches or extensions, to acquire property, either by purchase or otherwise; and after acquiring such property, shall have the right to lay its track upon the same as if it were a public highway, and to connect the track, so laid upon the property so acquired, with any other portions of its track laid upon public highways adjacent thereto.

Section 8. No street passenger railway company, heretofore or hereafter incorporated under the act hereby amended, shall be authorized or permitted to connect its tracks with the tracks of any railroad company, incorporated under any law of this State for the transportation of both passengers and freight, nor shall the interchange of cars and continuous movement thereof between and over the tracks of such street passenger railway company and such railroad company be authorized or permitted.

Section 9. All acts of Assembly and parts of acts Repeal. inconsistent herewith, including all local and special laws, be and the same are hereby repealed.

Approved-The 7th day of June, A. D. 1901.

WILLIAM A. STONE.

No. 251.

AN ACT

To provide for the incorporation and government of passenger railways, either elevated or underground, or partly elevated and partly underground, with surface rights.

Section 1. Be it enacted, &c., That any number of persons not less than five, three of whom shall be citizens of this Commonwealth, may form a company for the purpose of construction and operation of passenger railways, either elevated or underground, or partly elevated and partly underground for the transportation of passengers and with power and authority to contract for and to locally gather, carry and dis

Providing for the incorporation of

certain passenger railways.

Proviso.

Governor.

tribute the mails of the United States, and with power to construct such portion thereof upon the surface as may be reasonably necessary for terminals or connections between the underground and elevated sections thereof: Provided, however, That the surface so occupied shall not exceed two thousand five hundred feet in length, in any one place which said railways may be constructed and operated upon, over, under, across, through, and along any street, highway or bridge in this Commonwealth, upon which no railway incorporated under this act is already erected or constructed, and in constant daily use for the transportation of passengers, or authorized to be erected or constructed under any existing charter issued under this act, and for which permission to erect or construct the same has been obtained from the local authorities of the city, borough or township in which the same is to operate, within two years, with the privilege of occupying so much of the said streets, highways or bridges mentioned in their charter as may be necessary for the erection and operation of said railway for public use, in the conveyance of passengers, by such motive power, other than steam, as may be adopted from time to time; and said companies may build and operate on, over, under, across, through, and along streets, highways and bridges on which passenger railways are constructed or authorized to be constructed on the surface of the street and may use and occupy the surface to the extent of two thousand five hundred feet, as herein provided.

Section 2. The charter of such intended corporation shall be subscribed by at least three of the incorporCertificate to the ators; who shall certify, in writing, to the Governor, the name of the company; the number of years the same is to continue; the length of road, as near as may be, and the route and character of construction; the amount of capital stock of the company, which shall not be less than fifty thousand dollars for every mile of road proposed to be constructed, and the number of shares and the par value of each; the names and places of residences of the president and board of directors, who shall manage its affairs until the first annual meeting thereafter, and until others are chosen in their places. Each subscriber shall subscribe thereto his name, place of residence, and the number of shares of stock he agrees to take in said company. On compliance with the preceding provisions of this section, the articles of association shall be acknowledged by at least three of the directors, before some officer competent to take acknowledgment of deeds, and may be filed in the office of the Secretary of the Commonwealth, who shall endorse thereon the day on which they were filed, and record the same in a book to be provided by him for such purpose. Thereupon the

Subscriptions.

Articles of association.

Governor shall issue his letters patent, creating the Letters patent. persons who have so subscribed such articles of association, and all persons who shall become stockholders in such company, a corporation, by the name speci

fied therein, which shall possess the powers and privi- Powers and privileges following, namely:

First. To have succession, by its corporate name, for the period limited in its articles of association. Second. To sue and be sued, complain and defend, in any court of law or equity.

Third. To make and use a common seal, and alter the same at pleasure.

Fourth. To take, hold, purchase, operate, lease, and convey such real and personal property, estate and franchises as the purposes of the corporation shall require.

Fifth. To appoint such officers and agents as the business of the corporation shall require.

Sixth. To make by-laws, not inconsistent with the Constitution or any existing law, for the government of its property and regulation of its affairs, and for the transfer of its stock.

Seventh. To sell or lease its road and franchises, or parts thereof, to traction or motor power companies or to other passenger railway companies, or to acquire the roads, property and franchises of other passenger railway companies, by lease or purchase. But no company incorporated under this act shall be authorized or permitted to connect its tracks with the tracks of any railroad company, incorporated under any law of this State for the transportation of both passengers and freight, nor shall the interchange of cars and continuous movement thereof between and over the tracks of any railway company incorporated under this act and such railroad company be authorized or permitted.

leges.

$25,000 for each mile of proposed

road to be sub

scribed.

Section 3. Such articles of association shall not be filed and recorded in the office of the Secretary of the Commonwealth until at least twenty-five thousand dollars of stock for every mile of road proposed to be constructed shall have been subscribed thereto, and ten per centum paid thereon in good faith and in cash to the directors named in said articles of association; nor until there is endorsed thereon or annexed thereto an affidavit, made by at least three of the directors Amdavit. named in said articles, that the amount of stock required by this section has been in good faith subscribed, and ten per centum paid in cash thereon, as aforesaid, and that it is intended in good faith to construct and to maintain and operate the road mentioned in said articles of association, which affidavit shall be recorded with the articles of association, as aforesaid.