HE 2179! ^7 As ll , UC-NRLF II II II I III 111 I I II II B 3 fibb Mb5 CHARTER AND SUPPLEMENTS OF THE iettttsgltama JJatlMail <|imtpiti|, ACTS OF ASSEMBLY AND MUNICIPAL ORDINANCES AFFECTING THE COMPANY; TOGETHER WITH THE BY-LAWS OF THE BOARD OF DIRECTORS PHILADELPHIA: 1859. GIFT OF CHARTER AND SUPPLEMENTS JJarasjgfairms Jtoilnrad dfjrmpttji, ACTS OF ASSEMBLY AND MUNICIPAL ORDINANCES AFFECTING THE COMPANY; TOGETHER WITH THE BY-LAWS OF THE BOARD OF DIRECTORS. PHILADELPHIA 1859. Crisssy & Markley, Printers, Goldsmiths Hall, Library st. CONTENTS. Page. Charter, . . . . . .3-21 Supplements to Charter, .... 25-40 Acts of Assembly affecting the Company, . . . 43-75 Act for the sale of the Main Line of the Public Works, 61-70 Pennsylvania General Railroad Act, . . 79-89 Ordinances of the City of Philadelphia, . . . 93-101 Ordinances of the City of Pittsburgh, . . 102-112 Ordinance and Resolution of the Borough of Harrisburg, . 113, 114 Ordinance of the Borough of Altoona, . . 114 By-Laws of the Board of Directors, . . . 117-121 General Index, ..... 123-141 345579 CHARTER OF TIIE PENNSYLVANIA RAILROAD COMPANY, WITH ITS SUPPLEMENTS, &c. AN ACT TO INCORPORATE THE PENNSYLVANIA RAILROAD COMPANY. Section 1. That Thomas P. Cope, Robert Toland, William M. „ Names of * ' Commissioners. Meredith, A. S. Roberts, John K. Kane, John B. Myers, Henry Welsh, John M. Atwood, Henry D. Gilpin, John A. Brown, George Cadwalader, Thomas M. Petit, George W. Toland, A. J. Lewis, A. G. Ralston, David S. Brown, William C. Patterson, Henry White, James Magee, Hugh Campbell, Henry M. Watts, Gideon Scull, Charles S. Wood, J. Fisher Learning, Thomas C. Rockhill, Thomas P. Hoopes, Robert Allen, Alexander Fullerton, John Welsh, junior, Alexander Osbourn, William Reynolds, William S. Charnley, B. M. Hinchman, Townsend Sharpless, C. G. Childs, Charles Hum- phreys, Thomas Tustin, Thomas Bobbins, William Musser, Robert Steen, Edward Siter, Charles Macalester, Joseph R. Evans, -.Ed- ward Duff, Henry M. Phillips, Elhanan W. Ke'yser, Hyman Gratz, John White, John J. Ridgway, Walter R. Johnson, Elliot Cres- son, Josiah Randall, J. Rhea Barton, John Swift, George Camp- bell, G. R. Childs, Hugh Catherwood, Horn R. Kneass, James Steel, James M. Davis, Joseph A. Clay and William P. Smith, of the city of Philadelphia ; Thomas. Sparks, Thomas McCully, Isaac W. Norris, George M. Stroud, George N. Baker, James Martin, E. A. Penniman, Abraham Helfenstein, Philip M. Price, John J. McCahen, George W. Carpenter, John S. Littell, Samuel C. Ford, Benjamin Crispin, Nathan Trotter, Jacob Broom, Thomas D. Grover, John Naglee, Archibald Wright, Edward F. Gay, Wil- liam S. Hallowell, William English, Joseph Lippencott, Robert Fliun, Jr., Christopher Mason, John T. Smith, Charles Brown, John Miller, Michael D. Whartman, John S. Cash, Joseph Baker, Mitchell Bomeisler, Samuel Jackson, Peter Rambo, John Robbins, George Shetsline, Samuel Ovcnshine, James Eneu", Jr., Henry Manderfield, David F. Condie, Benjamin L. Berry, Joseph Dia- moud, William Laughlin, and Levi Strickland, of the county of Philadelphia; Samuel D. Ingham, of Bucks county; Joel K. CHARTER. ComrSnoners M ann > Charles Kugler, of Montgomery county; H. Jones Brooke, of Delaware county ; Thomas S. Bell, Francis James, Robert Parke, of Chester county ; Alexander L. Hays, Emanuel C. Reigart, John N. Lane, Reah Frazer, Benjamin G. Herr, Edward Davies, Reuben Mullison, Bernard Flinn, Samuel Shoch, John F. Huston, J. S. Clarkson, Frederick Hippie, Reuben Hause, of Lancaster county; Henry Flannery, Henry W. Smith, J. Pringle Jones, Henry A. Muhlenburg, Michael K. Boyer, John S. Heister, William High, William Heidenreich, Charles Keely, J. Glancy Jones, of Berks county; Levi Kline, of Lebanon county; Valentine Hummell, senior, William Ayres, Jacob M. Haldeman, James McCormick, James Peacock, Henry Buehler, John C. Bucher, Simon Cameron, David R. Porter, of Dauphin county; Benjamin Mclntyre, Robert Elliott, James McFarlane, George Stroop, Robert S. King, Findley McCowan, Hugh R. Wilson, Henry Fetter, and Jacob Keiser, of Perry county ; James Mathers, Andrew Parker, of Juniata county ; Abraham S. Wilson, James Criswell, Reuben C. Hale, Francis W. Rawle, Moses Montgomery, Joseph Milliken, Joseph Ard, Joseph Kyle, David Zook, and William Reed, of Mifflin county ; John G. Miles, John Kerr, A. P. Wilson, Edwin F. Shoenberger, Benja- min Leas, John McCahan, John Long, Brice Blair, Thomas E. Orbeson, Edward Bell, William Williams, and John Porter, of Huntingdon county; James Irvin, James T. Hale, W. W. Hous- ton, James Potter, Abraham S. Valentine, Henry BrokerhofF, William F. Reynolds, and Daniel Ulman, of Centre county ; A. K Wright, A. B. Reed, J. W. Smith, of Clearfield county ; John Linton, W. A. Smith, John Mathew, John Fenlon, Peter Liver- good, Edward Shoemaker, Stephen Lloyd, and Richard Lewis, of Cambria county; James Clark, George Mulhollaud, Jr., David Ralston, Daniel Stanard, of Indiana county; John Hill, J. R. Logan, John M. Laird, Henry McBride, Joseph Harvey, Hugh Irwin, S. L. Carpenter, F. J. Cope, Richard Coulter, of Westmore- land county; Jesse Carothers, Joshua Hanna, Harmar Denny, Thomas Bakewell, John Bigler, William Wilkins, Wilson McCan- dless, William McKnight, William Eichbaum, C McGee, William Larrirner, James Marshall, John T. Wilson, William R. Vankirk, Samuel Walker, E. Percival, Andrew Bayne, John Hay, H. G. Roland, Hiram Hultz, aud Samuel W. Black, of Allegheny county ; Michael Doudel, Samuel Wagner, Charles Weiser, Daniel Hartman, A. C. Ramsey, of York county; Jacob Mechling, John Bredin, of Butler county ; Robert H. Hammond, Jesse C. Ilorton, J. M. Pol- lock, John Forsyth, A. Jordan, C. W. Hegius, Samuel Hepburn, CHARTER. and E. Greenough, of Northumberland county; Ner Middleswarth, Robert Cander, Henry Snyder, John L. Watson, and Robert H of the county of Union; David Leech, Philip Klinginsmith, and Lewis Brenaman, of Armstrong county; Henry Allen, John P. McGlathery, David Norwood, Samuel Vanhorn, William Magin- niss, dames Stewart, James Culbertson, Joseph Pollock, and Alva Leonard, of the county of Beaver; George Chambers, Frederick Smith, and William Baker, of the county of Franklin ; Thomas H. Sill, Giles Sanford, John H. Walker, C. M. Reed, C. McSparren, George Seldon, and John Galbraith, of Erie county ; Joel B. Curtis, Samuel Goodman, David Cortncy, R. W. Cunningham, and John Iloge, of Mercer county; Thomas Ringland, John Wishart, T. M. T. McKennon, A. W. Acheson, James Gordon, and- John Grayson, of Washington county; Morrow B. Lowry, J. Porter Brawley, and Joseph Patton, of Crawford county; Abbott Green, William Cameron, Nathan Mitchel, Levi 13. Christ, Joseph Casey, Henry C. Eyre, of Union county; William Donaldson, Joseph Paxton, of Columbia county, be and they are hereby appointed commissioners, to do and perform the several acts and things hereinafter mentioned, that is to say, they, or such of them as Twelve commis- iii -i • i i i i ii i r sioners neo g- suall act in the premises, not less than twelve, shall betore pro- sary to act. cceding to the performance of their duties, be respectively sworn or affirmed before an officer competent to administer oaths, well and truly to perform the duties enjoined upon them by this act; and as soon as conveniently may be, and within three mouths Subscription ■J J ' books to be next after the passage of this act, shall procure and open suitable °]"" , ' tl:,r 1 H: '. 1 " r ° > r r nsbnrg, Lewis- books at such proper times and places as they may desiguate, in t° w "»> H ' the cities of Philadelphia, Lancaster, and Pittsburgh, and in the 1 " ir -- B1 boroughs of Harrisburg, Lewistown, Huntingdon, Greensburg, ^ni", up-.n 30 c o' j c j o» days' nonce. Blooiufield and Blairsville, and at such other places as they may deem expedient, of which times and places at least thirty days' previous public notice shall be given, in not less than three daily newspapers published in Philadelphia, and in not less than two daily or weekly papers in the other places named, if so many are therein published, in which books they shall enter as follows : " We whose names are hereunto subscribed, do promise to pay to Form of sub- scription to ibe the President, Directors, and Company of the Pennsylvania Rail- stock. road Company, the sum of fifty dollars for each and every share of stock set opposite to our respective names, in such manner and proportions, and at such times, not exceeding five dollars per share, in any period of sixty days, as shall be determined by the president and directors of said company, in pursuance of an act entitled ' An CHARTER. Act to incorporate the Pennsylvania Railroad Company.' Wit- ness our hands and seals, the day of one thousand eight hundred and ." And at the times and places so designated and named in the public notices to be given as aforesaid, the said commissioners, by themselves, or by committees to be by t 3om i™elfi°per- S tnem appointed, shall attend and furnish to all persons duly quali- pmi* duly qnah- g ec j w ij sua n jf er t subscribe, an opportunity of so doing, and it fied an opportu- ' " •> °> ni ty to sub- shall be lawful for all such persons, and for all firms, COpartner- scribe. r ' ' l T\\ "■ '""bscribe sn 'P s > atI ^ bodies politic and corporate, by themselves, or by per- sons duly authorized, to subscribe for shares in said stock, and uixhoure aday! the sal( i books shall be kept open at least six hours in every juri- £.'ssisoooo Un " dical day for the term of ten days, unless the whole number of one subscribed. 00 " 6 ' hundred and fifty thousand shares shall have been sooner sub- scribed, and if at the expiration of ten days, the said books shall not have the whole number of shares aforesaid subscribed therein, Commissioners the said commissioners may adjourn from time to time, and trans- may adjourn from time to fer the said books elsewhere, until the whole number of one bun- time. dred and fifty thousand shares shall have been subscribed, of which adjournments and transfers the said commissioners shall give such public notice as in their opinion the occasion may require; and Five dollars a when the whole number of shares before mentioned shall have at the time of been subscribed, the books shall be closed. Provided, That no sub- scription for such stock shall be valid unless the party or parties It more than . . ..... capitaisub- making the same shall, at the time ot subscribing, pay to said com- scribed. shares . . tube ratc-abiy missioners five dollars on each and every share, for the use of the Shares inoreas- company. And provided further, That if more than one hundred 23, 18S2. sec. i, and fifty thousand shares shall have been subscribed within ten titer increased days, and before the closing of the books as aforesaid, the commis- hv act of May 6, . ... 1852, sec. 4, post, sioners shall reduce the subscriptions pro rata as near as practica- p. 48. Further . , increased by ble, in such manner as to them may appear equitable, until the sup. May 2. 1855, ' , see. i, post. p. 38, number or shares do not exceed one hundred and fifty thousand, but and fur her in- . . creased by act of no subscription for ten shares or under shall be so reduced. Bec.3.post,p.62. Section 2. That when fifty thousand shares or more of the said . . stock shall have been subscribed, and five dollars paid on each and Commissioners l to certify to the ev ery share as aforesaid, the said commissioners, acting in the pre- governor. under ^ ' ° * qualification, mises as aforesaid, or a majority of them, shall certify to the governor. the number of ' *" •' ' J b ) BharesBub- which certificate shall be verified by the oath or affirmation of at scribed. J least two of said commissioners, the names of the subscribers and when 50 ooo ^ ie num ' :)er °f shares subscribed by each, and that five dollars on Bhares are sub- each have been paid; whereupon the governor shall, by letters- BCnbed, and j;5 i > r o j a share paid, patent under his hand and the seal of the commonwealth, create and governor to * ' issue letters- constitute the subscribers, and if the subscription be not full at CHARTER. the time, those who shall thereafter subscribe to the number of shares aforesaid, their successors and assigns, into a body politic ' . ' ' J . r The title of the and corporate in deed and in law, by the name, style and title of corporation to 1 m ' J . be '• The Penn- " The Pennsylvania Railroad Company," and by the said name, »yivania Rail- road Company." style and title, the said subscribers shall have perpetual succession, with all the privileges, franchises and immunities incident to a cor- poration, 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, lands, Ordinary fran- i i t -l • ii chises. tenements and hereditaments, engines, lo3omotives, cars, goods, chat- tels, and estate real and personal, of what hind or quality soever; and the same from time to time to sell, exchange, mortgage, grant, alien, or otherwise dispose of; aud to make dividends of such por- tion 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 common- wealth ; 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 Nnt *9 be con " ' ° strueil as in- so construed as in any way giving to said corporation any banking eluding hanking privileges whatever, or any other liberties, privileges or franchises but such as may be necessary or convenient to the procuring, own- ing, making, maintaining, regulating, and using said railroad, the locomotives, machinery, cars and other appendages thereof, and the conveyance of passengers, the transportation of the mail, and of goods, merchandise, commodities and things thereon. And pro- ° ' ' ° -* To purchase vided further, That said company shall not purchase or hold any arid h " w re , al •r * r J r J estate f 0r the real estate except such as maybe necessary or convenient for the ro&Mng and ac- 1 » •» commodation of making and constructing of said railroad, or for the furnishing of the railroad materials therefor, and for the accommodation of depots, offices, warehouses, machine-shops, toll-houses, engine and water-stations, Debtsnever to and other appropriate appurtenances, and for the persons and things tfcapitaJpaid* employed or used in or about the same. Provided, That the whole AprufiloT.'post! amount of debts or other liabilities of said company, including to^ncreaBe" 263 loans, shall not at any time exceed one-half of the amount of capital ^ S fMayi6 actually paid in. And provided further, That no part of the capital i 8 W,«sc8,pos^ stock or other funds of the company shall be at any time, directly m ade^>^dS«c- or indirectly, loaned to any director, officer, or agent of said company. a° r e 'u t fficer ' or CHARTER. Commissioners Sectton 3. The said commissioners, or a majority of thorn, act- to give 20 days' .... notice to orga- ing in the premises as aforesaid, shall, as soon as conveniently may nize and elect ° . . . directors. be after the said letters patent shall have been obtained, appoint a time and place for the subscribers to meet in order to organize the said company, and shall give at least twenty days' previous notice thereof in the various papers before mentioned, and tbe said sub- Qualifications .. , 1111111 i 1 • r 1 ofadirector. scnbers, when met, snail by ballot elect, by a majority or the votes Altered, see sec. ... , ., . . .. 11 » s sup. May 2. present, to be given in person or by proxy, thirteen directors, all or .. t ' . ' ! ' whom shall be citizens and residents of this Commonwealth, and shall At their first meeting, the di- be owners respectively of at least twenty shares in the stock of said rectors shall i j j choose a presi- company; the said directors and those thereafter to be chosen in May elect avice pursuance of the provisions of this act, at their first meeting shall President, see r r > o March S is5:f Jd c h° ose by ballot one of their own number as president of said com- post, p. 35. pany, and the said president and directors shall conduct and manage President and . • i i r> n t i *~ / directors shall the affairs and business or said company until the first Monday of serve uutil first . Monday of June June then next ensuing, and until others are chosen, and may make, sue -...ling, and . until others are ordain, and establish such by-laws, rules, orders and regulations, chosen. Annual meeting and do and perform such other matters and things as are by this act of stockholders . to take place on authorized. Decatany Section 4. That the stockholders shall meet on the first Monday place designated „ , , . „. . in the bylaws, of December in every year, at such place in this Commonwealth as on 2u days' no- . tk-e in three or may be designated by the by-laws of the company, of which at more newspa- . . . pers,anddirec- least twenty days previous notice shall be given in three or more Changed to first daily newspapers published in the city of Philadelphia and else- Monday of Feb. . , n „ by 2d sec. Act where, as the board shall direct, and choose by a majority of votes 26th April, 1850; . . _. ,.„ 1 .,,.,,.. r seep. 32. thirteen directors, qualified as provided in the preceding section, lor Annual election . . . . ofdirectorsto the year ensuing, who shall continue in office until the next annual first Monday of . . . March by sec 2, election, and until others are chosen; at which annual meeting the Sup. Mav 2,1855, .. i , , ! -ini on i i • i i post. p. 38. said stockholders shall have lull power and authority to make, alter, St ckholders . .. . may, at annual or repeal, by a majority ot the votes given, any or all such by-laws, alter, or repeal' rules, orders, and regulations as aforesaid, and do and perform every stockholder's other corporate act authorized by their charter. The stockholders may be conven- . , . . , . ed by president may meet at such other times and places as they may be sum- or directors at iii • i it • i any other time moned by the president and directors in such manner and form, and and place, in . . . . . m t i i i i pursuance of giving such notice as may be prescribed by the by-laws; and the the by-laws, . _ . ... „ ieiiii presi lent, on president, on the request, in writing, ot any number ot stockholders request of stock- . . , . . , . . holders repre- representing not less than one-tenth in number and interest, shall sentingone- .. . ...... . . . .„ tenth in num- call a special meeting, giving the like notice, and stating specifically berand interest , - . . . iii- i • "^ i of stock, may the objects ot such meeting; and the objects stated in such notice, meetingofs'tock- and no other, shall be acted upon at such meeting; nor shall any Caii to state the business be transacted at any such special meeting, unless a majority specific object of «,-...-, ' . . , meeting, and no ot the stock shall be there represented; but the meeting may CHARTER. adjourn from day to day, or until such times as a majority in oti J J' j j shall be trana- interest shall be present. acted. Section 5. That the elections for directors provided for in this Mode of con- act, shall be conducted in the following manner, that is to say: at ■ the first election, the commissioners shall appoint three stockholders, not being candidates, to be judges of the said election, and to hold ' the same: and at every succeeding election, the directors for the ■■ tor dn time being shall appoint three stockholders, who shall not be direc- tors nor candidates, for the like purpose ; and the persons so ap- pointed by said commissioners and directors, shall respectively take and subscribe an oath or affirmation before an alderman or justice of the peace, well and truly, 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 it shall at any time happen that an election of directors shall not if no election u be made at the time specified, the corporation shall not for that rea- SJ^beheM™ son be dissolved, but it shall be lawful to hold and make such " l on j \'^ h ™ \ en election of directors on any day within three months thereafter, by ajs uollce- giving at least ten days' previous notice of the time and place of holding said election, in the newspapers 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, resignation or removal Directors to rap- from this State of a director, or a failure to elect, in case of a tie [heir wnbody; vote, or in case any one of them ceases to be qualified to act as a y e TO te? aSe ° * director in the manner hereinbefore provided, the vacancy may be M% S 2 C 'i 3 s'o5 np ' filled by the board of directors. At all general meetino-s or elections po=t ' 35 ' J ° ° Each -hare en- by the stockholders, each share of stock shall entitle the holder titud t00ne J ' vote. See 1st thereof to one vote, and each ballot shall have endorsed thereon the Jf 5 - S ,"P- 27tn March, 1848; number of shares thereby represented, but no share or shares trans- P° st > i'- - 3 - ferred within sixty da} r s next preceding any election or general fened within eo meeting of the stockholders shall entitle the holder or holders ti',.n n <>t to en- thereof to vote at any such election or general meeting ; nor shall to a vote.' any person or party, females excepted, residing within ten miles of Jnai^wiufin fe " the place appointed for any such election or general meeting, be ^neSu'meet 1 - entitled to vote by proxy. No person shall represent by proxy more '"f;* TOte by than three absent stockholders, nor shall any proxy be received, or No person shall J r J represent by entitle the holder thereof to vote, unless the same shall bear date, p««y more than three ab- and have been duly executed and acknowledged before some person sent stoekhoid- legally authorized at the place of executing the same to take such proxies to he acknowledgments, within the three months next preceding such within three 10 CHARTER. months of the election or general meeting, and every such proxy received and voted election. Proxies voted upon as aforesaid, shall be retained and filed amongst the papers of among the p^ the company until after the next annual election or general meeting, pany? ecom " subject to the inspection or examination of any stockholder who may desire it. The powers of Section 6. That the president and directors for the time being the corporation to be exercised are hereby authorized and empowered to exercise all the powers by the president and directors, granted to the corporation. They shall meet at such times and places as shall be by them deemed most convenient for the transac- Seven to form a tion of their business, and when met, seven shall be a quorum; quorum. The president, the president, if present, shall preside at all meetings of the board, when present, . . to preside. and when absent, the board shall appoint a president pro tern. The directors to They shall keep minutes of their proceedings fairly entered in a keep fair mi- J ^ f a J nutes of their suitable book to be kept for that purpose; they shall choose a sec- proceedings. * 11/./ May choose se- retary and treasurer, and may appoint or employ all such officers, cretary. treasu- . .... , rer. and other engineers, agents, superintendents, artisans, workmen, or other per- officers. ..... , , sons, as in their opinion may be necessary or proper in the conduct- ing and management of the affairs and business of said corporation, at such times, in such manner, and under such regulations as they May require se- may from time to time determine ; they may require security in curity from any . , , i? l c • i of their officers such amounts as they may deem necessary, ot each or any ot said officers or other persons by them appointed or employed, and gene- rally to do all other such acts, matters, and things, as by this act and the by-laws and regulations of the said company they may be The treasurer authorized to do. The treasurer of said company shall enter into shall not give less than one or rnore sureties, satisfactory to the president and directors, in $30,000 secu- ' J r ^ ? nty. a sum not less than thirty thousand dollars, conditioned for the The condition faithful discharge of all the duties of his office while he shall con- oi the bond of ° the treasurer, tinue to hold the same, and for faithfully accounting for and paying over according to law and the by-laws of the company, all moneys that may come into his hands as treasurer aforesaid, and for the payment to his successor in office, or other person authorized by the president and directors to receive the same, the balance of all such moneys, and in like manner for the delivery to said successor, or other person authorized as aforesaid, all books, papers, documents, The bond to be accounts and property that he may have or hold by virtue of his renewed at least iiiiii/»i lni i once in two office, and the bond or bonds or the treasurer shall be renewed at years. , least once in every two years. Salaries and Section 7. The president and directors shall fix the amount of salaries and wages of the several officers, engineers, and agents em- No director to ployed by them, but no director shall be allowed any compensation be allowed com- pensation but but the president, whose salary shall be fixed by the vote of a the president. _ " majority of all the directors. CHARTER. 11 Section 8. That the president anil directors first chosen slmll Certmi • Btock to i e deii- procure certificates or evidences 01 BtOCK for all the shares of the Tered to the ill-. said company, and shall deliver one or more certificates or evidence •, signed by the president and countersigned by the treasurer, ami H ■•■ i c J l • . d. coiiDtei^ scaled with the common seal of the corporation, to each person or signed and part)* entitled to receive the same, according to the number of shares by him ; her, or them, respectively subscribed or held, which certifi- cates or evidences of stock shall be transferable at the pleasure of Stock transfer- ..... -liii ii ii ii mI !''' ■'• ||le the holder, in a suitable book or books to be kept by the company in thep C 1 • 1 11 1 • 1 • 1 "' ""' l ,r ' tor that purpose, in person or by attorney duly authorized, in the or treasurer. presence of the president or treasurer, subject, however, to all pay- ments due or to become due thereon : and the assignee or party to The transferee l J ol Bto k to be a whom the same shall have been so transferred, shall be a member member of the r . , . ,. ,. Hi- •• •• corporation. ot said corporation, and have and enjoy all the immunities, privi- leges and franchises, and be subject to all the liabilities, conditions and penalties incident thereto, in the same manner as the original subscriber would have been. Provided, That no certificate shall be B tock uc-tpafd transferred so long as the holder thereof is indebted to said com- f err ed without " pany, unless the board of directors shall consent thereto. thedire«ors! Section 9. The capital stock of the company shall be called in, Thecapitai and paid at such times and places, and in such proportions and called in, at the instalments, not however exceeding five dollars per share, in any share, every 60 days. period of sixty days, as the directors shall require, of which public p„biic notice notice shall be given, for at least three successive weeks next pre- siTOweek^to 68 " ceding the time or times appointed for that purpose, in the news- ^fTth") (S e papers last above mentioned ; and if any stockholder shall neglect stockholders i • -i ii i i liable b> pay to pay such a proportion or instalment so called for, at the time and one per cent, a place appointed, he, she, or they, shall be liable to pay, in addition staiments die to the proportion or instalment so called for, at the rate of one per cent, per month for the delay of such payment- and if the same if instalments and the additional penalty, or any part thereof, shall remain unpaid a part/remain* for the period of six months, he, she or they shall, at the discretion months, tie of the directors, forfeit to the use of the company, all right, title forfeited.* 3 and interest in, and to every and all share or shares, on account of which such default in payment may be made as aforesaid; or the 0rsuit be directors may, at their option, cause suit to be brought before any brou s ht - competent tribunal, for the recovery of the amount due on such shares, together with the penalty of one per cent, per month as aforesaid; and in the event of a forfeiture, the share or shares so reposition of forfeited may be disposed of at the discretion of the president and directors, under such rules and regulations as may be prescribed by a stockholder the by-laws; no stockholder shall be entitled to vote at any election, ptx?orth e eif a 12 CHARTER. whole of any in- nor at any general or special meeting of the company, on whose Btalment be un- , f b . \ ° , , paid more than share or shares any instalment or arrearages may be due, more than SO davs belore . .... election. thirty days next preceding said election or meeting. Xi-J^in May Section 10. That dividends of so much of the profits of said and November. C p m p an y j as shall appear advisable to the directors, shall be declared Payable after ten days from declaration in the months of Slay and November, in each and every year, and be paid to the stockholders, or their legal representatives, on appli- Changedto so ca ti UI3 a t the office of said company, at any time after the expiration days by Pup. r J J J r May 21, 1857, p. often days from the time of declaring the same; hut the said divi- . dends shall in no case exceed the amount of the net profits actually Dividends nntto x J exceed the net acquired by the company, so that the capital stock shall never be profits ot the _ 1 _ J V J> f company. impaired thereby ; and if the said directors shall make any dividend, which shall impair the capital stock of the company, the directors Directors con- * r ... senting to make consenting thereto shall be liable, in their individual capacities, to dividends out of ° _ the capital, to jfi e sa jj company, for the amount of capital stock so divided, reco- be liable there- . for. (See 2d verable by action of debt, as in other cases; and each director pre- sec. Sup. 2,th J ' ' r Biarch. 1848, sent, when such dividend shall be declared, shall be considered as post, page 2 1.) ' Director to he consenting thereto, unless he forthwith enter his protest on the considered as ° ' * consenting un- minutes of the board, and give public notice to the stockholders of less he enters ° r protest on the ^g declaring of such dividend. Provided, however, That after bona minutes forth- o > with. jij e contracts shall have been made for the immediate construction When fifteen f fifteen miles of road, at each end thereof, a sum equal to five per miles at each " i r endofroadare cen tum per annum, on all capital stock of said company actually put under con- r r r j j tract, 5 per cent. p a jjj j n sna n De estimated and credited to the several holders prr annum to r i b to C k edit id d in n thereof, on account of the amounts payable by them, respectively, Provisoes re- f or g t oc k subscribed ; and shall so continue to be estimated and pealed, 2d sec. ' fiaich 7t i8t8- credited, until one hundred miles of said railroad, that is to say: see post. p. 27; gf ty m ;i es thereof, commencing at the city of Pittsburgh and extend- but sne last pro- J o J o ▼iso to Jds'-c. of - D eastward, and fifty miles thereof, commencing at the easternmost tins act, ante, o ) j o when so miles terminus of said road, and extending westward, shall be completed road from each anc j m uge wn j cn SA \^ estimates and credits shall be estimated and end are done ' and in use, the considered as part of the cost of construction : And provided further, credit oi a per r r •> cent, per annum r fhat no dividends of profits shall be made, until one hundred to be uiscon- * ' \\ nn ^\. . t miles of said railroad shall be completed, and in use, as is specified No dividends to " ' ' r 50 miie ''r"r'd at In ^8 f° re g°i n g proviso; and if any loan of any part of the each end be money received on the subscription to the stock be made to any done and in use. J r J Aloanofany officer, stockholder, or agent of the said company, or to any other money received ' ~ r J ' J as stock to be person or corporation, it shall be deemed and taken as a viola- taken as a vio- r i j lation and for- tion and forfeiture of the charter authorized bv this act, to be asccr- feiture ol the " nit " ™ f h J ' . ° ° ° the Harrisburg terminus of the Harrisburg, Portsmouth, Mountjoy and Lancaster railroad, if that . company a railroad, in the borough of Harrisburg. Provided, said Harrisburg, to the same tax ' _ ° ° ' te ' on tonna Portsmouth, Mountjoy and Lancaster Railroad Company shall be tins. See 6th ' •> J r J sect. A. subject to, aud consent to, the same rate of tax on tonnage for the March, 1848, . . . P^ I - use of the State, as is provided to be paid in this act by the Penn- sylvania Railroad Company : and in case the said Harrisburg, Ports- If the Hawis- J r j 7 Bi burgCompany mouth, Mountjoy and Lancaster Railroad Company should not agree do n,,t ' •> J ^ r J & within 3 months to comply with these conditions within three months after the dis- after putting 15 ^ miles undei con- tance of fifteen miles from Harrisburg westward shall bona fide be tract, then this c ' company tocon- put under contract, the said Pennsylvania Railroad Company are nect ;witn ' '"- 1 ' ^ . lumbia railroad. authorized to connect their road with the Columbia Railroad, at or near the borough of Columbia, in Lancaster county : and thence by such direct practicable route, with moderate gradients, as will, in Theroutetobe 1 ' _ ° ' ' direct, if p a. ti- the opinion of the said president and directors, most conduce to the ca,,le > wilh m °- derate gradi- public interest and the interests of said company, having due regard fnr? - *° » p° m * * r •>> o o in, at, or near to economy in the construction, maintenance and management Pittsburgh. thereof, and terminating at such point or points in, at, or near the city of Pittsburgh, or other place in the county of Allegheny, with authority to extend said road, or a branch thereof, to the town or ^ bra f '' mriv J Le made to hue. harbour of Erie in the county of Erie, as to the said president and directors may seem most advantageous or expedient, and in like manner by themselves, or other persons by them appointed or em- ployed as aforesaid, to enter into and upon, aud occupy all land on Thecompimy r J r 7 i j i , ii ii upon which the said railroad or depots, warehouses, offices, toll-houses, llU li,U(, ~ ne " r > > > i Fary for a ich engine and water stations, or other buildings or appurtenances railroad - hereinbefore mentioned, may be located, or which may be neces- sary or convenient for the erection of the same, or for any other purpose necessary or useful in the construction maintenance or 14 CHARTER. repairs of said railroad, and therein and thereon to dig, excavate, and embank, make, grade, lay down and construct the same ; and it shall in like manner be lawful for the said company, their officers, agents, engineers, contractors or workmen, with their implements and beasts of draft or burden, to enter upon any lands adjoining, May cut and or in the neighborhood of the said railroad so to be constructed, and carry away ma- _ teriai necessary to quarry, dig, cut, take and carry away therefrom any stone, gravel* of the road. ° clay, sand, earth, wood, or other suitable material necessary or pro- per for the construction, maintenance or repairing of said railroad, or for the construction of any bridges, viaducts, or other buildings which may be required for the use, maintenance, or repairs of said Compensation railroad : Provided, That such compensation shall be made, secured, to be made or . . tendered for the or tendered to the owner or owners of any such lands or materials land and mate- ... rials used. as shall be agreed upon between the parties, or in such manner as is hereafter mentioned : Provided further, That the timber used in J i . ml V t ? 1l L o1> " the construction or repair of said railroad shall be obtained from tajned only from r the owners. tne owr j ers thereof only by agreement or purchase. This section re- Section 12. That when the said company cannot agree with the pealed except as to proceedings owner or owners of any lands or materials, for the compensation commenced, by . 4tu sect. Sup. proper for the damage done or likely to be done to, or sustained March 27.1X48. ^ r ° J ' . See post, p. 27. by, any such owner or owners of such lands or materials which See also declara- J J tot y act. 5th said company may enter upon, use, or take away in pursuance of April, 1849, l , J ..„ . , - , , post, p. 31. the authority hereinbefore given, or by reason of the absence or legal incapacity of any such owner or owners, no such compensation Application to can be agreed upon, the Court of Quarter Sessions of the proper be made to the ... , . . • i i • t Court of Quarter county, on application thereto by petition, either by said company proper county, or owner or owners, or any one in behalf of either, shall issue their fir 2 i freehold- ._, „ , ,. • i i -rr ers to assess the precept to the sheriti oi the county, commanding said sheriff to damages dime . . - . . . . . . by the company, summon twenty discreet and disinterested persons, freeholders ot said county, to act as jurors, and to meet at such convenient place near the premises, as in the said precept or by the said sheriff may be designated, in not less than ten, nor more than twenty days, giving such reasonable notice as the court may direct to both par- ties, by publication or otherwise, whose duty it shall be to ascertain and report to said court, whether any, and if any, what damages have been, or may be sustained by the owner or owners of said land or materials by reason of the construction of said railroad, or by reason of the materials used or taken away, in manner afore- said; and if twelve or more of the said jurors attend, they shall be Twelve jurors empunneled, and if twelve do not attend, the sheriff shall forthwith, to be qualified . . . . ■. and decide. or as soon thereafter as practicable, summon others to attend on a day by him fixed for that purpose; and the said twelve jurors being CHASTER. 15 so empanneled, and having been first sworn or affirmed, by said sheriff, or his deputy, faithfully, justly and impartially to decide, and true report to make concerning all the matters and things to he submitted to them, and in relation to which they are authorized to inquire, in pursuance of the provisions of this act; and having viewed the premises, they shall estimate and determine the quan- The jnry shall tity, quality and value of said lands so taken or occupied, or to be P^isea. so taken or occupied, or the materials so used or taken away, or to be so used or taken away, as the case may be, and having a due regard to, and making just allowance for the advantages which may have resulted, or which may seem likely to result to the owner or owners of said land or materials, in consequence of the opening or making of said railroad ; and after having made a fair and just comparison of said advantages and disadvantages, they shall esti- mate and determine whether any, and if any, what amount of Thejury- tore- •" J ' port the dam- damajjes have been or may be sustained, and to whom payable, and age8,andto ° J c j j whom payable. make report thereof to the court ; and if any damages be awarded, and the report be confirmed by said court, judgment shall be entered thereon, and if the amount thereof be not paid, execution may issue thereon, as in other cases of debt, for the sum so awarded ; and the cost and expenses incurred shall be defrayed by said railroad com- pany : Provided, That if said report be not confirmed, as aforesaid, and justice may seem to require it, a new inquisition may be ordered The court may order a new by said court : And provided further, lhat any owner or owners, or inquisition, other party applying for a review, shall be liable for the costs of the proceedings prayed for, in case a report more favorable be not ob- tained upon such review: And provided further, nevertheless, That Company not to nothing herein contained shall authorize the said company to enter before paying or upon any lands, or take any property, without making compensation fhe"efor! CUri y to the owners of said property, or giving adequate security therefor : And be it further provided, That in all cases where the parties can- where the com- not agree on the amount of damages claimed either for land or ties cannot ii'Tee. tri*' com* materials, the company shall tender a bond, with sufficient security, pany shall give i i • • ii i t • f i • i i ii i bond, with secu- to the party claiming the damages; the condition or which shall be, rity, to jay the ii -ii i • ■> i n damages .i?- that the company will pay, or cause to be paid, such amount of a ess ed. damages as the party shall be entitled to receive, after the same shall have been agreed upon by the parties, or assessed by the pro- visions of this act : And provided further, That in case the party or Tf parties refuse ,.., , , totakethebond parties claiming damages refuse to accept the bond as tendered by tendered the .... company *hall the company, the company shall, in every such case, present their offer il '' bonds to the Court of Common Pleas of the proper county; and if Court of Com- 1 r J ' mon Pleas of the court approve of the security, shall direct the same to be filed the county. 16 CHARTER. The bond if for the benefit of those to 'whom it is given, which bonds shall be api>n>\ed, shall ., beiiied tor the answerable as all other debts tor the amount ot damages assessed, benefit of the .,.•, n . n . ,,. ., , parties entitled, it the same be not paid in a reasonable time atter such assess- ment. The railroad Section 13. That whenever, in the construction of said road or must not im- pede the passage roads, it shall be necessary to cross or intersect any established road along any esta- ^ ^ Wished road it or way, it shall be the duty of the president and directors of said may cross. . company so to construct the said road across such established road b^made^furpr? or wa y» as not to impede the passage or transportation of persons or whosHaiuiTthe P r0 P ert y along the same; or when it shall be necessary to pass railroad divides, through the land of any individual, it shall also be their duty to provide for such individual proper wagon -ways across said road or roads, from one part of his lands to the other. „ . „ Section 14. That in all suits or actions against the said com- Service of e> _ process. P au y> the services of process on the president, secretary, treasurer, engineer, agent, or any director of said company, shall be good and Action to be available in law; but no suit or action shall be prosecuted by any within twelve person or persons, for any penalties incurred under this act, unless theaiiegfd such suit or action shall be commenced within twelve months next General issue ' after the offence committed, or cause of action accrued ; and the and the special ' defendants in such suit or action may plead the general issue, and evidence. give this act and the special matter in evidence, and that the same was done in pursuance and by authority of this act. raUroadtoDe 6 Section 15. That if any person or persons shall wilfully and threefold the knowingly break, injure, or destroy the railroad hereby authorized, tdin'cd or any part thereof, or any edifice, device, property or work, or any part thereof, or any machinery, engine, car, implement or uteusil, erected, owned or used by the said company, in pursuance of this act, he, she, or they so offending, shall forfeit and pay to the said company three times the actual damage so sustained, to be sued for and recovered, with full costs, before any tribunal having cognizance thereof, by action iu the name and for the use of said company. ob8tr°uc 8 tm?tne y Section 16. That if any person or persons shall wilfully and .^! m " h " maliciously remove or destroy any of the company's constructions, penitentiary. or p] ;lce designedly and with evil intent, any obstruction on the line of said railroad, so as to jeopard the safety, or endanger the lives of persons traveling on or over the same, such person or per- sons so offending shall be deemed guilty of a misdemeanor, and shall, on conviction, be imprisoned in the penitentiary for a term civil remedy not less than three months, nor more than three years: Pro\ also may be m , , . ■ . . . ,. , ., pursued. luat nothing herein contained shall prevent the company from pur- suing any other appropriate remedy at law iu such cases. CHARTER. 17 Section 17. That the said company shall not prevent any per- Owner* of land son or persons, bein"; the owner or owners of land bordering on ' :,, " ;i1 ' '' r ' o o f.ir conveying or adjacent to said railroad, from making lateral railroads, and [j» e produe •' ' ° the same land. connecting the same with the railroad of the company, for the pur- pose of transporting thereon their produce or other material, being the products of said land ; the said connections being made at the expense of the person or persons wishing the same, and according to the directions and subject to the approval of the directors of said company, or their authorized agent ; and it shall be lawful for the said company, in the manner, and subject to the conditions and The company . . . . . „ may construct provisions hereinbefore provided in relation to the main line of branches from . iii mainlineinany their railroad by this act authorized to be made, to make such late- county. ral railroads or branches, leading from the main line of their said railroad, to such convenient place or points, in either of the coun. ties into or through which the said main line of their road may pass, as the president and directors may deem advantageous, and suited to promote the convenience of the inhabitants thereof, and the inte- rests of said company. Section 18. That in times of war, invasion, or domestic insur- Troops and mu- ' nitions ot war rection, the said company shall carry and transport, or permit to be to be carried at carried and transported on said railroad, any troops called into service by any competent authority, their ordnance, munitions and military stores, at one-half the usual charge for the time being for carrying and transporting other passengers and freight. Section 19. That at each annual meeting of the stockholders of A foil report to ° be annually said company, the president and directors, for the year preceding, g^?^^ shall lay before them a full and complete statement of the affairs of D * re . c * or £ J?, tne J * stociiliOiuers. the company for the year ending on the last day of October imme- °^* e r m 1 u ™ ged diately preceding, exhibiting, under the various appropriate heads, f^ 3 ^^ the amount of moneys received, and from what sources, the amount p^'^H?' disbursed, and for what purpose, the balance remaining with the company; which statement shall be accompanied with a report of the acts and proceedings of the company for the same period, with such further information as may be requisite to convey to the stock- holders a full knowledge of the affairs and condition of said com- pany 5 the said statement and report shall be published, as soon as • conveniently may be, in pamphlet form, and in such newspapers as Annual report the stockholders or president and directors may designate, and a to p J^, h i et copy thereof shall be transmitted to the Governor, and to each news^r" branch of the Legislature, at its next annual meeting. Section 20. That if any increase of the capital stock shall be The stockhoid.- J m -it ersmii yi ncrea se deemed necessary, in order to complete or improve the said railroad the capital 18 CHARTER. stock to ten mil- or appurtenances, it shall be lawful for the stockholders of said increased. See company, at any annual meeting, or at any special meeting con- Is"^ 62. ' ' vened for that purpose, in manner as aforesaid, to increase and dispose of any additional number of shares, not exceeding fifty thou- sand, so that the whole amount of said capital stock shall not exceed ten millions of dollars, and receive and demand the moneys for the said additional shares, in like manner aud subject to the same con- ditions hereinbefore provided for the original subscriptions, or as shall be provided for in the by-laws of said company. The railroad. Section 21. That upon the completion of said railroad, or any and each part as finished, to part thereof, the same shall be esteemed a public highway, for the be a public ■ . , highway. conveyance of passengers and the transportation of freight, subject to such rules and regulations in relation to the same, and to the size and construction of wheels, cars and carriages, the weight of loads, and all other matters and things connected with the use of said railroad, as the president and directors may prescribe and The company to direct : Provided, That the said company shall have the exclusive the motive 01 ° f control of the motive power, and may from time to time establish, estebH8h D rates demand, and receive, such rates of toll or other compensation, for 01 tolL the use of the said road, and of said motive power, and for the con- veyance of passengers, the transportation of merchandise and com- modities, and the cars or other vehicles containing the same, or otherwise passing over or on said railroad, as to the president and directors shall seem reasonable : Provided, however, nevertheless, Rates of toil and That said rates of toll and motive power charges, so to be esta- ^/wnteTmiie Wished, demanded or received, when the cars used for such convey- Sa/s'centea 6 *' ance or transportation are owned or furnished by others, shall not Xrecaret'e exceed two and a half cents per mile for each passenger; three the company! cents per mile for each ton of two thousand pounds for freight ; Rates of toll and three cents per mile for each passenger or baggage car, and two motive power. cen ^ s p er m \\ e f or q^q^ burden or freight car, every four wheels being computed a car ; and in the transportation of passengers, no charge shall be made to exceed three cents per mile for through passengers, and three and a half ceuts per mile for way passengers. Tonnage regu- Section 22. That all tonnage, of whatsoever kind or description, loth Marchand except the ordinary baggage of passengers, loaded or received at commiitoi.« Harrisburg or Pittsburgh, or at any intermediate point, and carried the 1st sect, of ° r conveyed on or over said railroad, more than twenty miles, be- pass'ed P ^th nen tween the tenth day of March and the first day of December in each post', p. 20. ' aQ d every year, shall be subject to a toll or duty, for the use of the commonwealth, at the rate of five mills per mile for each ton of two thousand pounds; and it shall be the duty of said company, between CHARTER. 19 the twentieth and thirtieth days of July, and between the first and Report of ton- . Dace to tenth days of December, in each and every year, after thirty miles tothe . . . . or more of said railroad shall have been completed and in use, to miles oi cause to be made out, and tiled with the auditor general, a true and compli correct statement, exhibiting the amouut of such tonnage so loaded or received, and the distance so carried or conveyed, during the respective periods intervening between the said tenth day of March and the twentieth day of July, aud between the said twentieth day of July and the first day of December, in each and every year; which said statement shall be verified by the oath or affirmation of the receiving or forwarding agent or agents, or other proper officer or officers of said company having knowledge of the premises; and at the time of filing said statement, or on or before the said thirtieth Payment of the . . sum due, to be day of July and the tenth day of December, in each and every year, made to the . ., , „ , L i x e State Ti the said company shall pay to the State .treasurer the amount of said toll or duty so accruing for the use of the Commonwealth, during the respective intervening periods before mentioned. Pro- vided, That if it shall hereafter be deemed necessary or expedient, t^ g n ; bought by years, claim the said railroad, and so forth, as aforesaid, then the the State. J said company, with all its said rights and privileges, shall continue for another period of twenty years, subject to the claim of the Legislature, as aforesaid, at the expiration thereof, on the same terms and conditions as aforesaid, and so on from twenty years to twenty years. The books, Ac, Section 24. That it shall at all times be lawful for a committee of the company . _ . • i p t >pentoa ot the Legislature, appointed tor that purpose, to inspect the books committee of , ... . _ , ... the LegiBiature. and examine into the proceedings ot the corporation hereby created, and to report whether the provisions of this charter have been by Refusal to pro- * ne same abused or violated ; and if the officers of said corporation because of* shall refuse to be sworn or affirmed, or give evidence, or refuse to produce any of their books or papers that may be demanded, before any such committee, then the Legislature may, by law, declare the said charter void, and repeal the same; and whenever any commit- tee as aforesaid shall find and report, or the Governor shall have f rfeiture. Proceedi?igs to reason to believe that the charter has been violated, it may be law- cause offer- ful for the Legislature to direct, or the Governor to order, a scire facias to be sued out of the Supreme Court of Pennsylvania, in the name of the Commonwealth of Pennsylvania, which shall be served by the sheriff of any county in this Commonwealth on the president, treasurer or secretary, at the office of the corporation, for the time being, at least ten days before the commencement of the term of court, calling on the said corporation to show cause why the charter hereby granted should not be declared forfeited; and it shall be lawful for the said court, upon the return of the scire facias, to examine into the truth of the alleged violations; and if such viola- tions be made to appear, then to adjudge that the said charter is forfeited, and thereupon, and in case the Legislature shall have power to declare the said charter void, and to repeal the same for the cause aforesaid, the railroad aforesaid, with its appurtenances, The common- and all estate, real and personal, of the said corporation, shall revert w Tilth to pay stockholders the to and be vested in the Commonwealth, upon the payment by the par value of ', a ck in case of Commonwealth, to the stockholders, the par value of their stock; and until the Commonwealth shall have made such payment to the president and directors of said company, to be by them distributed among the stockholders, the rights, privileges and franchises of said corporation shall remain as though said judgment and forfeiture, had not been pronounced or declared : Provided, however, That CHARTER. 21 every issue of fact, winch may be joined between the Common- Issue of feet to . . . , ,. . .. , . , , be tried by a wealth and the corporation, in said proceedings, shall be tried by a jury. jury, summoned by an officer to be named by the court, from the body of the State, and it shall be lawful for the court aforesaid to require and compel the production of such of the books and papers of the corporation on such trial, as it may deem necessary for the ascertainment of the controverted facts; and the final judgment of the court shall be subject to all the usages of law as in other cases. The first twenty of the commissioners appointed in the first section of this act, or any five of them, shall have authority to convene the commissioners at such suitable time and place as they may desig- nate for that purpose, giving sufficient notice thereof, as the occasion may seem to require. And all reasonable expenses incurred by the Corporation to commissioners in the performance of the duties by this act imposed, peuses incurred by Commissi a- shall be allowed and paid by the corporation out of the first lustal- ere, oni of first instalment. meut or payment, to be received by the commissioners at the time of subscribing, as hereinbefore provided. Section 25. That if the said company shall not commence the Eailroadtobe commenced in construction of said railroad within two years, and complete and two and com- J % l pleted within open the same for use, with one or more tracks, within the term of ten years, and r ' ' not to remain ten years ; or if, after the completion, the said railroad shall be suf- impassable f r ' ' ' l two years, See fered to go into decay, and be impassable for the term of two years, Sup isthArrii, then this charter shall be null and void, except so far as relates to Charter extei a ' A ed for 10 years. the payment of damages. Act A r ,ril 16 > r J b 1867, post, p. 6. Section 26. That if any person or persons traveling on the road of the said company, or that of any other company in this Common- wealth, shall be wounded by reason of any imperfection or defect in such road, or in the machinery or cars employed on the same, or by the negligence of such company or their agents, no action brought Action against ° b r J to ? o Climl , :uiv not to by such person or persons against such company, to recover damages abate by death therefor, shall abate by the death of the plaintiff or plaintiffs, but the same shall survive to his or her executors or administrators. Section 27. The Legislature reserves the right to authorize any Right reserved ° ~ J to charter an- company hereafter chartered to connect any railroad not running other railroad . J _ °toc mnect, but parallel with the same, to be constructed by such company, with " otto >'"» f" r - . , . - alld With this. the railroad of the sajd Pennsylvania Railroad Company, at such point or points^on said railroad as the Legislature may direct. Pro- vided, That no higher rates of toll or of transportation shall be charged by said company, for persons or things having passed, or destined to pass, over such connecting road, than may be at the same time charged upon persons and things passing over the main line to and from Philadelphia and Pittsburgh. Approved April 13/A, 1840. SUPPLEMENTS TO CHARTER. AN ACT SUPPLEMENTARY TO AN ACT TO INCORPORATE THE PENNSYL- VANIA RAILROAD COMPANY, PASSED APRIL, EIGHTEEN HUN- DRED AND FORTY-SIX. Section 1. That nothing in the act to which this is a supplement Construction of shall he so construed as in anywise to impair the right of the Legis- tin- is u B upple- laturc to pass such additional laws as may be deemed expedient in furtherance of the objects contemplated by said act, and for the bet- ter enforcement of the provisions thereof: and, in case the charter in rase of for- feituro, tbe of said company shall be forfeited in the manner therein provided, state to pay the actual value ol it shall be competent for the Legislature by law to vest the said corporate- estate . „ to company. railroad and appurtenances, and all the estate, real and personal, of the said company, in the Commonwealth, or in another company to be incorporated for that purpose, upon the payment to said Penn- sylvania Railroad Company, for distribution amongst the stockhold- ers, according to their several interests, the actual value of their . said railroad appurtenances and other property, to be ascertained and appraised by twelve disinterested persons, acting under oath or affirmation, to be appointed and governed in their proceedings in relation thereto, in such manner as the Legislature shall by law direct. Provided, That in case the said company shall at any time Charge on ton- 7 . na S e a hen. fail to pay the toll or charge on tonnage, which may accrue or become due to the Commonwealth under the provisions of said act, the same shall be and remain a lien on the property of the said com- pany, and shall have precedence over all other liens or incumbrances thereon, until paid. Approved April loth, 1846. A FURTHER SUPPLEMENT TO AN ACT TO INCORPORATE THE PENNSYLVANIA RAILROAD COMPANY, PASSED APRIL THIRTEENTH, ONE THOUSAND EIGHT HUNDRED AND FORTY-SIX. Section 1. That under the provisions of the first section of the ty.citiesofPitt* act, entitled " An Act to incorporate the Pennsylvania Railroad gheny.and Company," approved the thirteenth day of April, one thousand eight porationsof hundred and forty-six, it shall be competent to the county of Alle- county and pm- gheny, the cities of Pittsburgh and Allegheny, and the municipal ma de P competent corporations in the county of Philadelphia, and the said act shall be stock." 26 SUPPLEMENTS TO CHARTER. construed to have authorized the city of Philadelphia to subscribe for shares in the capital stock of said Pennsylvania Railroad Coin- Anthorized to pany, and to borrow money to pay therefor, and to make provision burrow money. for the payment of the principal and interest of the money so bor- rowed, as in other cases of loans to said corporations; and no certifi- cate or bond issued shall be for a less sum than one hundred dollars, and shall be transferable only on the books of the respective corpo- rations kept for that purpose ; and the certificates of loan or bonds issued, or to be issued, by any such corporations for the purpose aforesaid, bearing an interest of six per centum per annum, payable half-yearly, may be received as cash by the company named in said act, in payment of the instalments on shares subscribed by such cor- Ainonntofsucii poration : but the total amount of the shares in the capital stock subscription. aforesaid, subscribed for by any such corporation, shall not exceed five per cent, on the assessed value of the property subject to taxa- tion for state or county purposes, within the limits of such corpora- Proviso, tion : Provided, That any city or other municipal corporation, or the county of Allegheny aforesaid, may be represented at elections and at other meetings of the said company, by agents duly authorized by the commissioners of said counties, and by the mayor or chief offi- cers of said cities, or other municipal corporations, acting under Proviso. resolutions passed by the constituted authorities thereof: Provided also, That any county, city, or municipal corporation, that shall be possessed of ten thousand or more shares in the capital stock of said when corpora- company, shall, in lieu of voting at the general elections of said tions may elect . . • 1 i 1 1 • i ^ • • ^ e directors. company hereafter, be entitled by the constituted authorities thereof, Never entitled . to more than to elect one director out of the number designated in the act to which this is a supplement, within one month prior to the first Mon- day in December, for each and every ten thousand shares held by said corporation ; but no county or corporation shall be entitled to Private stock- elect more than three directors, and a majority of the board of ti elect majo- directors shall, at all times, be elected by the private stockholders; board. if at any time the corporations who have subscribed to the stock shall be entitled, under this provision, to more than six directors, then the number of directors to which such corporation (as elect more than one director) is entitled to, shall be reduced in such man- ner as shall be determined upon by the directors in office, so as to Proviso. do justice to all : Provided furilur, That all directors elected by said corporations shall be possessed of not less than twenty shares . of the stock of said company, in their own right, and shall not be T»x cm tonnage. mcm bers of the body by which they arc elected : Provided further, See 22d sec. Act J J J j t Autc A p r is 1S16 ' That the tax on tonnage of five mills per ton per mile, from the SUPPLEMENTS TO CHARTER. 27 tenth' of March to the first of December, payable to the State trea- Jfj^JfiU" sury under the provisions of the twenty-second section of the act to ?'' 1 ^ t '| f %£ y which this is a supplement, be commuted to a tax of three mills per ton per mile during the whole year; and if, after two years from the completion of the road, the commutation to three mills herein provided shall not yield as much revenue to the Commonwealth as would have been received under the original provision, then the rate of five mills, as originally provided for, may be restored at the option of the Legislature; said tax to cover all freight carried over the road more than twenty miles. Section 2. That the directors of the Pennsylvania Railroad JJjE'JJk, Company be and are hereby authorized to pay to the shareholders ^mu'tiiy.' 1 ' entitled to receive the same, in the months of May and November, in each year, interest at the rate of six per cent, per annum, on all instalments paid by them, which interest shall be charged to the cost of construction, and continue to pay the same until the said road shall be completed ; and that, until the period for which a dividend shall be declared, all the profits and earnings of the said railroad shall be credited to the cost of construction : Provided, Proviso. That no stockholder who has neglected, or who hereafter shall neg- CTi ,, „ a ' ° Stockholder lect to pay up the instalments as called for, shall be entitled to neglecting to r J r pay his instal- receive interest on the same ; and the directors of said railroad com- ments,nottore- ' ceive interest. pany are hereby required strictly to enforce the penalty which is SS! 180 * 8 * provided in the case of delinquencies under the act to which this is 13th A r riI - 1S46, x x repealed. See a supplement : and the provisoes to the tenth section be and the JfwtproTfeoto r c ' x 2d sic. ot the same are hereby repealed : Provided further, That the stock of said " nsi . naI a ^ t company shall not be subject to any tax in consequence of the pay- P- 7 - nient of the interest hereby authorized. Section 3. That so much of the eleventh section of said act, as construction ' ofllthsec. of prohibits the Pennsylvania Railroad Company from passing through act of incorpo- r J l J I ° ° ration. Ante, any dwelling-house, shall be construed only to extend to homesteads p- 18 - in possession and occupancy of the owner or owners, and shall not extend to dwellings kept for rent: Provided, That full compensa- Proviso, tion be made to the owner or owners of such buildings, for all damage sustained thereby, the same to be ascertained as in other cases. Section 4. That when the Pennsylvania Railroad Company can- Damages, how not agree with the owner or owners of any lauds or materials, for the compensation proper for the damage done, or likely to be done to, or sustained by any such owner or owners of such lands or mate- rials which said company may enter upon, use, or take away in pur- suance of the authority given them by the act to which this is a 28 SUPPLEMENTS TO CHARTER. supplement, or by reason of the absence or legal incapacity of any such owner or owners, no such compensation can be agreed upon, Court of com- t Qe court of common pleas of the proper county, on application proper county thereto, by petition, either by said company or owner or owners, or to^appomt view- an y one j n -jjg^^f f e ither, shall appoint five disinterested persons of the next adjoining county or counties, none of whom shall be residents of any of the counties through which said railroad shall pass, and to fix a time, not less than twenty, nor more than thirty days thereafter, for said viewers to meet upon the premises where the damages are alleged to be sustained, of which time and place ten days' notice shall be given by the party petitioning to said viewers, and to the other party, and the said viewers having been first sworn or affirmed by some power competent to administer oaths, faithfully, justly and impartially to decide, and true report to make concern- ing all the matters and things to be submitted to them, and in rela" See 1st sec. of tion to which they are authorized to inquire, in pursuance of the an act entitled . . . . . "AfurtherSup- provisions of this act; and having; viewed the premises, they shall plement." 4c, f . ; ° . L . approved 26th estimate and determine the quantity, quality and value of said April, 1S50, . . post, p. 32. lands so taken or occupied, or to be taken and occupied, or the mate- rials so used or taken away, or to be used or taken away, as the case may be, and having a due regard to, and making just allowances for the advantages which may have resulted, or which may seem likely to result to the owner or owners of said lands or materials, in consequence of the opening or making of said railroad, or the con- struction of works connected therewith ; and after having made a fair and just comparison of said advantages or disadvantages, they shall estimate and determine whether any, and if any, what amount of damages have been sustained or may be sustained, and to whom payable, and make report thereof to the court; and if any damages execution for ^e awarded, and the report be confirmed by said court, judgment shall be entered thereon, and if the amount thereof be not paid, exe- cution may issue thereon as in other cases of debt, for the sum so awarded ; and the cost and expenses incurred shall be defrayed by Compensation sa ^ railroad company ; and the said viewers shall be entitled to poJtT."^! ^ ee two dollars per day for each of them, for the time necessarily employed in performing the duties hereinbefore prescribed : Pro- Proviso. vided, That nothing herein contained shall authorize the said com- pany to enter upon any lauds, or take any property without, making compensation to the owners of said property, or give adequate secu- rity therefor: And provided, That if cither, or all of the judges of Proviso. J l m . . Whenjudgei the court of common pleas aforesaid, is or are interested in the said are interested. railroad as officers, stockholders, contractors, or otherwise, theu the SUPPLEMENTS TO CHARTER. 29 viewers aforesaid shall be selected and appointed by the sheriff and commissioners of the proper county, in like manner and with like powers, as if appointed by the court of common pleas: Provided further, That if the proper officer of said company, at any time w ^ en te ^^J of before application made by either party for the appointment of ^,',' u '"' "'"'" viewers, in the manner hereinbefore directed, shall tender to the owner or owners of said lands or materials a sum of money, in full compensation for his or their said damages, said company shall not be liable for costs on any subsequent proceedings, unless such owner or owners of land or materials shall be awarded a larger sum than the previous tender of said company : Provided. That in all cases Vr < '■ 1 * » ' See declaratory where proceedings have been instituted under the twelfth section of Actsth April, 1 °. . . 1849, post. p. 31. the act of the thirteenth April, one thousand eight hundred and forty-sis, the same shall be continued and proceeded in according to the provisions of the aforesaid act. Section 5. That if said railroad company shall find it necessary Crossing or oc- cupying tnrn- to change the site of any portion of any turnpike or public road, pikeroada, to ° J r . . reconstruct the they shall cause the same to be reconstructed forthwith, at their same. own proper expense, on the most favorable location, and in as per- Seesee . i Act of feet a manner as the original road: Provided, That the damages f*^ au.i'^up. incurred in changing the location of any road authorized by this j'^y ^™ \. go. section, shall be ascertained and paid by said company, in the same manner as is provided for in regard to the location and construction of their own road. Section 6. That the first proviso contained in the eleventh sec- Construction of first proviso nt tion of the act to which this is a supplement, shall be so construed nthsecofact of incorporation as to extend exclusively to such tonnage as shall have, under the twenty-second section of said act, become liable to taxation on its transit over the Pennsylvania Railroad, and that said road, referred to in said proviso, shall terminate at or near the city of Pittsburgh. Section 7. That the said Pennsylvania Railroad Company be To connect with and are hereby authorized to connect their railroad with the Alle- tage Kaihoad. gheny Portage Railroad, by the most practicable route, at such points at or near Hollidaysburg and Johnstown, as may be agreed upon with the canal commissioners. Approved March 27th, 1848. 30 SUPPLEMENTS TO CHAPTER. A SUPPLEMENT TO THE ACT INCORPORATING THE PENNSYLVANIA RAILROAD COMPANY. Preamble. Whereas, The Legislature, by the fifth section of an act passed the twenty-seventh March, one thousand eight hundred and forty- eight, entitled " A further supplement to An Act to incorporate the Pennsylvania Railroad Company," did provide, That if said railroad company shall find it necessary to change the site of any portion of any turnpike or public road, they shall cause the same to be recon- structed forthwith, at their own proper expense, in the most favor- able location, and in as perfect a manner as the original road ; but there is no provision made for compelling the said company to comply with this law; therefore, When the site of Section 1. Be it enacted, &c , That if in the construction of their turnpike or road by the Pennsylvania Railroad Company, it shall have been or changed, and may hereafter be necessary to change the site of any portion of any not recon- . . ... .. , . , ,. . . stmcted within turnpike or public road, when the necessary time shall have elapsed application to ' to have enabled the said railroad company to comply with the pro- Conrt of Quarter visions of the fifth section of the act of the twenty-seventh March, one thousand eight hundred and fort}'-eight, requiring them to re-construct such turnpike or public road, it shall be the duty of the Court of Quarter Sessions of the county in which such turnpike or "Who to make public road shall be located, upon the petition of the company owu- the application. * . x * * J ing the said turnpike, or of any twelve or more citizens of the town- viewers to be ship in which the said public road may be, to appoint three compe- their duties. tent persons, citizens from an adjoining county, through which the said road does not pass, as viewers, whose duty it shall be to view the place where the said turnpike or public road was, and make report to the said court at their next session, whether the said Penn- sylvania Railroad Company have complied with their duty in making said turnpike or public road as they are required by the said law to Order of court do ; and if the said viewers shall report to the said court that the when viewers . report that the Pennsylvania Kailroad Lompany has complied with the provisions railroad com- J . ' , • i paayhascom- of the said act of Assembly, and the said report shall be approved plied with act of Assembly, by the court, an order shall be then made, that the costs and expen- costs. ° pay ses of the said view shall be paid by the petitioners; but if the said viewers shall report to the said court, that the said company Order when re- has not complied with the provisions of the said act of Asscmblv, port is against the company, and the said report shall be approved by the court, the expenses SUPPLEMENTS TO CHARTER. thereof shall he paid by the said railroad company ; thru it shall be the duty of the said court to order and decree that the said turnpike or public road, as the case may be, shall be made, finished and com- pleted as the said Pennsylvania Railroad Company, by the provi- sions of the said fifth section of the act of twenty seventh March, one thousand eight hundred and forty-eight, were bound to finish and complete the same : Provided, That if cither party shall be dis- Rjghtto are- satisfied with the decree, they may have the right to a review under T1 ' the provisions of this act. Approved March 20th, 1849. AN ACT DECLARATORY OF THE FOURTH SECTION OF AN ACT SUPPLE- MENTARY TO THE CHARTER OF THE PENNSYLVANIA RAILROAD COMPANY, APPROVED MARCH TWENTY-SEVENTH, ONE THOU- SAND EIGHT HUNDRED AND FORTY-EIGHT. Section 1. That the last proviso to the fourth section of the construction of supplement to the act to incorporate the Pennsylvania Railroad tot^th'sect. Company, passed the twenty seventh day of March, one thousand °f i?th P Mwch! eight hundred and forty-eight, shall be so construed, that those o^ 8 ' Aute ' p- cases wherein proceedings have been commenced under the twelfth section of the act of the thirteenth of April, one thousand eight hundred and forty-six, and have been proceeded in, shall be con- tinued to final judgment and execution under and according to the provisions of the act of one thousand eight hundred and forty-six, which, as well as the said proviso, shall remain in full force for that purpose. Approved April 5th, 1849. SUPPLEMENTS TO CHARTER. A FURTHER SUPPLEMENT TO THE ACT INCORPORATING THE PENNSYLVANIA RAILROAD COMPANY. Section 1. That the viewers appointed for the purpose of Compensntion rr r r of viewers, and assessing damages in pursuance of the act of the twenty-seventh their powers. o o i j See ante, sec. 4, f 3Iarch, Auno Domini one thousand eight hundred and forty- p. 28. ' B J eight, entitled "An Act to incorporate the Pennsylvania Railroad Company," be entitled to receive as a compensation two dollars per day while engaged in said business ; that one or more of said viewers shall have power to adjourn from day to day, and that a majority of the said viewers so appointed shall have power to view and assess damages, and to report as fnlly and with like effect as Penalty often though all were present. And prodded further, That a peualty of ?ectof S dutyT g " ten dollars be imposed on any of the said viewers who shall neglect or refuse to attend after appointment and clue notice, at the time and place named, unless unavoidably prevented; said penalty to be recoverable before any justice of the peace, as debts of similar amount are recoverable, for the use of the person suing for the same. stockholders to Section 2. That hereafter the stockholders of the said Pennsyl- meet on the 1st Monday ot Fei>- vania Railroad Company shall meet on the first Monday of February, ruary annually. See ante, p. s. in every year ; and that so much of the fourth section of the act, entitled " An Act to incorporate the Pennsylvania Railroad Com- pany," approved the thirteenth day of April, one thousand eight hundred and forty sis, as prescribes the first Monday in December as the day of the annual meeting, is hereby repealed. At the annual Section 3. That at each annual meeting of the stockholders of dentt^'dFre& 1 sa id company, the president and directors for the year preceding the S stoci^oiders shall lay before them a full and complete statement of the affairs of DecemiJrimme- the company for the year ending on the last day of December im- ing. e, seesec." mediately preceding, and that so much of the nineteenth section of corporation, 111 " the act aforesaid, as prescribes the last day of October as the day to which such statement shall be completed, is hereby repealed. Approved April 26/A, 1850. SUPPLEMENTS TO CHARTER. A FURTHER SUPPLEMENT TO THE ACT ENTITLED "AN ACT TO INCORPORATE THE PENN- SYLVANIA RAILROAD COMPANY." Section 1. That to enable the Pennsylvania Railroad Company Pennsylvania Railroad Co. to to complete, stock, and equip their railroad with its appurtenances, inane additional r certificates of and from time to time to lay down a double track therefor by means stock. J . Seo ante, p. IT. of subscription to the capital stock, it shall be lawful for the said company, in addition to the said capital stock authorized by the twentieth section of the act incorporating said company, passed on the thirteenth day of April, eighteen hundred and forty-sis, to issue certificates for any additional sum not exceeding sixty thousand shares, and to demand and receive moneys for the same for said additional shares when subscribed for, in like manner, and upon the same conditions as to instalments and otherwise, as are provided for in the ninth section of said original act : Provided, That the par Proviso, value of said additional capital stock shall be fifty dollars per share, as heretofore, and that the holders thereof shall have all the rights and immunities which are by law vested in the subscribers to the capital stock originally authorized to be created. Section 2. That the said Pennsylvania Railroad Company are To hol d certain J i. j rea ] es tate. hereby authorized to purchase and hold the title to two several estates situated in West Philadelphia, and county of Philadelphia, owned now, or late, by the city of Philadelphia, and the Board of Health, respectively, and also to purchase and hold the title to any portion of the Powelton estate, for the purpose of erecting thereon offices, station houses, warehouses, shops, car sheds, sidings, cattle yards, and for such other objects as appertain to the legitimate business of the company, authorized by their act of incorporation, of transporting passengers and tonnage over their road and the Columbia Railroad, not exceeding thirty acres of uplands; the boundaries of such quantity of land as said company may deem proper to take, to be determined by the President of the company, and the Governor of the State of Pennsylvania, or the President of the Board of Canal Commissioners ; also the right to purchase and hold within the city of Philadelphia, such other property for depots, offices, and sidings, as may be necessary or convenient for the trans, action of the proper business of said company, authorized by their act of incorporation. Section 3. That Eighth street and Plumb alley, in the city of Certain streets tv j. 1 i -i -iiii in city of Pitt^- rittsburgn, and all other streets that extend through the property of burgh vacated. 34 SUPPLEMENTS TO CHARTER. the Pennsylvania Railroad Company, are hereby vacated, and the title thereof vested in the said company : Provided, That the councils of said city give their assent thereto, and the same shall be filed in the Court of Quarter Sessions of Allegheny county. Section 4. That the right of the Councils of the city of Pitts- burgh, to lease to the said railroad company the levee on the Monon- gahela river, below Liberty street, is hereby recognized and con- firmed. Approved April lod, 1852. Lease of levee on Mononga- hela river con- firmed. A FURTHER SUPPLEMENT TO THE ACT ENTITLED " AX ACT TO INCORPORATE THE PENN- SYLVANIA RAILROAD COMPANY." Pennsylvania railroad Co. au- thorized to sub scribe stock in ei-rtain cases. Pennsylvania Railroad Co. to issue additional certificates of stock. See ante, pp. 17, 33. Section 1. That the Pennsylvania Railroad Company be and they are hereby authorized and empowered to subscribe to the capital stock, or guarantee the bonds of such railroad companies in other States, as may seem to them important to promote the trade of Pennsylvania and the interest of the company, such subscription not to exceed fifteen per cent, of the capital stock actually sub- scribed to the said Pennsylvania Railroad Company, and to pay for the same in such manner as the directors of said Pennsylvania Rail- road Company may determine : Provided, That said company shall give thirty days' notice, which notice shall be during the session of the Supreme Court, in at least one newspaper published in the City of Philadelphia, and one newspaper published in the City of Pitts- burgh, of any intended subscription or guarantee under the provi- sions of this act, and it shall be the duty of the Supreme Court to proceed without delay, within the said thirty days, to hear and determine any application for a preliminary injunction, by any stockholder in said company, to restrain said company from making such subscription or guarantee. Section 2. That for the purpose of meeting the subscriptions authorized by the foregoing section, and to enable them to construct their double track, it shall be lawful for the said Pennsylvania Rail- road Company, in addition to thesaid capital stock authorized by the twentieth section of the act incorporating said company, passed on the thirteenth day of April, one thousand eight hundred and forty- six, and the several supplements thereto, to issue certificates for any SUPPLEMENTS TO CHARTER. 35 additional sums, not exceeding eighty thousand shares, and to demand and receive moneys for the same when subscribed for, in like manner, and also on the same conditions as to instalments and otherwise, as are provided for in the ninth section of said original act of incorporation : Provided, That the said additional capital Proviso, stock shall be fifty dollars per share, as heretofore, and that the holders thereof shall have all the rights and immunities which are by law invested in the subscribers to the capital stock originally authorized to be created : And provided further, That no such cer- Proviso. tificate hereby authorized to be issued, shall be for a less sum than one hundred dollars. Section 3. That the directors of the Pennsylvania Eailroad Authority to r\ 1 ii ii i • i ii i- e ' eet T ' ce P re si- Company be and they are hereby authorized to add to their num- dent. ber, by electing from the body of the stockholders, at such time as they may determine, and annually thereafter, if they deem it expedient, one person, who shall act as vice-president of said com- pany, with such powers and for such compensation as the said board shall by by-law or resolution establish and direct. Approved March 23(7, 1853. A FURTHER SUPPLEMENT TO AN ACT TO INCORPORATE THE PENNSYLVANIA RAILROAD COMPANY, PASSED APRIL THIRTEENTH, ONE THOUSAND EIGHT HUNDRED AND FORTY-SIX. Section 1. That in proceedings by the Pennsylvania Eailroad how notice to Company, for the appropriation of land under any Act of Assembly, bondtondered when it shall appear to the Court of Common Pleas, by affidavit or to appropriate otherwise, that there is a disputed, doubtful or defective title, or ttaefedonbtfoi, that any party in interest is absent, covert, not of full age, or from terested absent] any cause incapable of being served with notice, or of having a bond age, or other- tendered within the county where the land is situated, the said court ofbein^served. shall, on application of the said company, direct the filing of a bond in an amount, and with security, to the commonwealth, to be approved by the court, for the use of the party found to be entitled thereto, and shall direct notice thereof, and of the petition to assess damages, and the meeting of viewers, to be published in two news- 36 SUPPLEMENTS TO CIIARTEE. papers of the county where the land is situated, for two weeks before the day appointed for the meeting of the viewers ; and the Effect of such . J ff B ; notice and bond, said bond so filed, and the said notice so given, shall have like effect as if the provisions of the twelfth section of the Act of Assembly, entitled "An Act to incorporate the Pennsylvania Railroad Com- pany," approved April thirteenth, one thousand eight hundred and forty-sis, in regard to giving bond, had been fully complied with, and as if personal notice had been served on the party owning the said lands, as provided for by the fourth section of an act entitled " A further supplement to an act to incorporate the Pennsylvania Railroad Company," passed April thirteenth one thousand eight hundred and forty-six, approved the twenty-seventh day of March, one thousand eight hundred and forty-eight. nth sec. of act Section 2. That so much of the eleventh section of the act of ofAprill3,tS46, . it. • t. -i shall not be Assembly entitled <; An Act to incorporate the Pennsylvania Rail- construed to ■ll«l 1 1 • 1 prevent the tak- road Company," approved April thirteenth, one thousand eight iug in any incor- m # porated city or hundred and forty-sis, as prohibits the said company from passing dwelling house, through any dwelling-house, shall not be construed so as to prevent &c, necessary . . . , 1 p i 1 ■ and convenient the taking in any incorporated city or borough, of any dwelling for depots, &c. D J r . See ante, p. 13. house by whomsoever possessed or occupied, and the land on which the same is erected, which may be necessary or convenient for depots, warehouses, offices, toll houses, engine and water stations, or other buildings or appurtenances ; but the right of said company to take such property for such purposes is hereby declared and Proviso. affirmed : Provided, That full compensation be made to the owner or owners of such buildings, for all damages sustained thereby, the Proviso. same to be ascertained as in other cases : Provided, That the prices heretofore agreed to be paid by said railroad company, and agreed to be received by the owners of property in the city of Pittsburgh, shall not, in any case, be reduced by any decision or decisions of a Proviso. jury or juries that may be appointed to assess damages: And pro- of entry to cer- vided further, That the said power of entering upon property, as First P ward, authorized by this act, shall be limited to that part of the First See Sup^Aprii Ward in said city of Pittsburgh, being between Marbury, Water, 37! ' pos ' p ' Liberty and Penn streets. Approved February \lth, 1854. SUPPLEMENTS TO CHARTER. 37 A FURTHER SUPPLEMENT TO THE ACT INCORPORATING THE PENNSYLVANIA RAILROAD COMPANY. Section 1. That the Pennsylvania Railroad Company, for the For certain pur- poses company purpose of completing their second track, increasing their motive fH^a have power, and building suitable houses at Philadelphia, Pittsburgh, crease their r ' n . loans, and erect and along the line of their road, for the reception and accommoda- certain buiid- ° . . inirs, &c. See tion of travelers and the storage of freight, and which they are ante, p. 7. hereby authorized to erect, shall have power to increase their loans : Provided, The debts and other obligations of the company, includ- Proviso, ing loans, shall not at any time exceed the amount of capital stock paid in and expended on the road and its equipment : Provided Proviso. further, That the loans contemplated in this act shall not be made unless with the assent of a majority of the stockholders of said com- pany, represented at a stated or special meeting of the same. Approved April 18th, 1854. A FURTHER SUPPLEMENT TO AN ACT INCORPORATING THE PENNSYLVANIA RAILROAD COMPANY, PASSED THE THIRTEENTH DAY OF APRIL, ONE THOUSAND EIGHT HUNDRED AND FORTY-SIX. Section 1. That so much of an act that became a law on the p a ,tofactof eighteenth of February, one thousand eight hundred and fifty-four, lu^dzin^ ot- entitled " A further Supplement to an Act incorporating the Penn- ^ESSS 1 sylvania Railroad Company, passed the thirteenth of April, one b^rjfh.'repeaw. thousand eight hundred and forty-six," as gives power to said rail- ^™sup!'!eb. road company to enter upon property situated between Marbury, 17 ' 18 ° 4- Penn, "Water streets and Exchange alley, in the First Ward of the city of Pittsburgh, be and the same is hereby repealed. jipproved April 21s/, 1854. 38 SUPPLEMENTS TO CHARTER. A SUPPLEMENT TO THE ACT INCORPORATING THE PENNSYLVANIA RAILROAD COMPANY. Board of direct- Section 1. That the board of directors of the Pennsylvania Rail- toinc'rease.'from road Company shall have authority to increase, from time to time, capital" stock of the capital stock of the company, such increase not to exceed forty company, such , i i u increase not to thousand shares. sharei^increas- Section 2. That the annual election of the board of directors by se'c. 4, Act'of shall hereafter be held at the office of the company, in Philadelphia, post, p 48. see between the hours of ten A. M. and six P. M., on the first Monday ante, pp. , , ^ ^i arc h f eac h year. The annual meeting of the stockholders to ofboardof di- be held on the first Monday of February, as heretofore. and°where held. Section 3. That no person shall be eligible to fill the office of ot^ockiK.idersf director, who shall not have been possessed, in his own right, of ante n p, e s. ' ee not less than fifty shares of the stock of the company, at least asdirector unless ninety days previous to his election, either by the private stock - owTrfght.'of 50 holders, or by the municipal corporations holding stock in the com- at least 90 days pany ; that any vacancies that may hereafter occur in the board, See'antVp- 1 ^' from any cause whatever, shall be filled by the board in the man- ner provided for in the fifth section of the charter of the com- pany, to which this is a supplement : Provided, That before this act shall go into effect, it shall be approved by the stockholders, at a general meeting called for that purpose. Approved May 2d, 1855. A FURTHER SUPPLEMENT TO AN ACT TO INCORPORATE THE PENNSYLVANIA RAILROAD COMPANY, PASSED APRIL THIRTEENTH, ONE THOUSAND EIGHT HUNDRED AND FORTY-SIX. Comp an _ Section 1. That the Pennsylvania Railroad Company be and is BtroctaMaroad nere ^y authorized to construct a railroad from a point on the Phila- d^piiia'and'c'o- delphia and Columbia railroad north of Market street, in the city of no"\hof Market Philadelphia, near the repair shops of said company ; thence passing phfa. t to P Deia- el "behind the said shops, across Market street; thence down the cen- tre of Mansion street, to the West Chester railroad ; thence to some ware river. SUPPLEMENTS TO CHARTER. point on the west side of the river Schuylkill, at or near Gray's gee sec. 3, Act ol ferry bridge; thence crossing said river to the river Delaware, and post,p.'i I terminating thereon south of the Navy Yard, by such route as may be most practicable and conducive to the public interests : Provided, Proviso. however, That the line of said road from a point one hundred feet north of the north side of Market street to the south side of Chest- nut street, and if practicable, further south, shall be by means of a tunnel at such distance below the surface as not to interfere with pipes and culverts, and from the point where said tunnel may ter- minate, to the south side of Walnut street ; said road shall be under the surface by means of a tunnel or covered way, whichever may be most practicable, and from thence to a point one hundred feet fur- ther southward, by a covered way under or above the surface, as may be necessary, and on the line of said Mansion street, below Chestnut street, the location of said pipes and culverts may be altered by the board as shall be requisite : And provided further, Proviso, said road shall not pass through any part of the Woodland Ceme- tery without the consent of the directors thereof, and shall be located, as regards grades and route, with the approval of the board of survey of said city, and subject to such regulations as the Coun- cils of said city may from time to time ordain for the public conve- nience and safety. Section 2. That the Councils of said city are hereby authorized Councils au- ., .,, ,. l-i-ie oi thorizeel to to widen to a width not exceeding one hundred teet, any ot the wideD streets /» • 1 • ,i ■< -ill n occupied by streets ot said city that may be occupied by the route of said rail- route of road as .. , . extended. 4c, on Delaware contiguous to the line of said railroad, such area of ground not ex- and Schuylkill . iiT rivers, on line ceeding, in the aggregate, twenty-five acres, wharves, docks and ofroad. warehouses, with the necessary appurtenances, as may be required for the proper accommodation of the freight passing over said road, and to charge and collect storage and wharfage at reasonable and Charge & collect to e ... storage. &c. customary rates : Provided, however, That other parties desiring to Proviso, make connections with said railroad shall be at liberty to do so under such regulations as may be necessary for safety and conve- nience : Provided further, That all freight and business of what- 40 SUPPLEMENTS TO CHARTER. ever kind carried over the Columbia railroad by the Pennsylvania company, and destined for the city of Philadelphia, or taken there- from for westward transportation, by said company, shall, whenever requested by the owner or transporter of such freight, be delivered or received in Market street by said company, as heretofore, and Penalty for eva- any evasion of this proviso shall subject the president and directors, sion of proviso. or any other officer or agent assenting thereto, each to a fine of one How recovered, hundred dollars for every offence, to be recovered as debts of like For whose use. amount are now recoverable, one-half for the use of the complainant, and the other half for the use of the guardians of the poor of said city, company au- Section 4. That the said company be and is hereby authorized nect said rail- and empowered to connect the said railroad with any railroads now railroads in or hereafter constructed within the limits of the city of Philadel- ou route of ex- phia, upon the route of said road so extended, on such terms, and On what terms. ^ or sucn time, and under such restrictions, as may be agreed upon by the officers and directors of said companies. Act not to go Section 5. That before this act shall go into effect it shall be approved'by 11 * 11 approved by the stockholders at a general meeting to be called for stockholders. that purpose. Approved April IStJi, 1856. A FURTHER SUPPLEMENT TO THE ACT TO INCORPORATE THE PENNSYLVANIA RAILROAD COMPANY. So much of 10th Section 1. That so much of the tenth section of the charter of ter acquires the said company as requires the payment of a dividend ten days divTiends ten* 7 after its declaration, be and the same is hereby repealed; and that are declared iey each dividend that may hereafter be declared, shall be paid to the Company may stockholders, or their legal representatives, on application at the office wtthin y 30 days of the said company, at any time not exceeding thirty days after decteedTaBdi- its declaration, as the board of directors may fix. rectors may fix. ., 3 ■,. oi^ioc- Ante, p. 12. Approved May list, loo / . ACTS OF ASSEMBLY AFFECTING THE COMPANY. ACTS OF ASSEMBLY AFFECTING THE COMPANY. 43 AN ACT TO EXEMPT CERTAIN CERTIFICATES OF LOAN FROM TAXATION FOR COUNTY AND MUNICIPAL PURPOSES. Section 1. That the certificates of loan heretofore issued, or Certain certifi- cates of loan which shall hereafter be issued by the county of Allegheny, by the exempt from . J J a J J J taxation except city of Pittsburgh, by the city of Allegheny, or by the city of Phila- for state pur- delphia, in payment of any subscription made by said county or cities, to the capital stock of the Pennsylvania Railroad Company, or the capital stock of the Ohio and Pennsylvania Railroad Com- pany, be and the same are hereby exempted from all taxation within this Commonwealth, except for State purposes. Approved April bth, 1849. A SUPPLEMENT TO AN ACT ENTITLED "AN ACT TO INCORPORATE THE VILLAGE OF PETERSBURG, IN THE COUNTY OF PERRY, INTO A BOROUGH," PASSED THE TWELFTH DAY OF MARCH, ONE THOUSAND EIGHT HUNDRED AND FORTY-FOUR, &c. Section 6. That the town council of the borough of Petersburg Borough of aforesaid, shall have full power and authority to pass such ordi- thomed to pass nances, and impose and enforce such penalties from time to time, impose penai- for the protection of the lives and property of the citizens of said taon of lives, &&, borough, as shall effectually prevent the Pennsylvania Central Rail- prevent Pa.R.R. road Company, or their agents, from running their engines and ning engines & , .. • i i i ii . i »i cars through cars through the said borough at a greater speed than eight miles borough at '^tc titer spocil per hour, and to compel them to give due notice, by bell or whistle, than s miles an before passing any of the cross streets or roads within the limits of pel them to give . i i , notice by bell or Said DOrOUgh. whistle at Approved April 2d, 1850. crossings. 44 ACTS OF ASSEMBLY AFFECTING THE COMPANY. AN ACT TO AUTHORIZE THE COLLECTION OF ROAD TAXES IN CONEMAUGH TOWNSHIP, INDIANA COUNTY, IN MONEY; RELATIVE TO HAWK- ERS AND PEDLERS IN THE COUNTIES OF ARMSTRONG, INDIANA, BEDFORD, AND CAMBRIA; TO THE ERECTION OF A BRIDGE IN CUMBERLAND COUNTY; TO AUTHORIZE THE PENNSYLVANIA RAILROAD TO CONSTRUCT A LATERAL ROAD IN THE COUNTY OF INDIANA ; AND EXTENDING CERTAIN ROAD LAWS IN SUSQUE- HANNA COUNTY. Pennsylvania Section 4. That the Pennsylvania Kailroad Company be and ny authorized to is hereby authorized to construct a lateral railroad from a point rai railroad. ' at or near Liebengood's summit, on the said Pennsylvania Kail- road/in Derry Township, "Westmoreland county, to a point at or near the borough of Blairsville, in the county of Indiana, subject to the provisions contained in the Act of Assembly incorporating said company, and the various supplements thereto. Approved April Qth } 1850. AN ACT TO INCORPORATE THE SOUTHERN GAS COMPANY, AND RELATIVE TO THE APPRAISERS OF TAVERN LICENSES IN THE CiTY AND COUNTY OF PHILADELPHIA. Subscription by Section 11. That the authority given to municipal corporations pOTaUonfmay to subscribe to the stock of the Pennsylvania Railroad Company, ^Mityofflw ^ the Supplement to an act entitled " An Act to incorporate the subs™ri Si tions S to P enns y lvania Railroad Company, approved March twenty-seventh, be paid in certi- ne thousand eight hundred and forty- eight," shall be granted bv ficates of loan at ° J ° ' a J R ar :-« x . a majority of the Board of Commissioners of the several districts Certificates not "; J to be taxed ex- therein referred to, provided said railroad company will take in pav- cept for state ' r r J r J i'e r >e°ie C d'b a menfc °^ sucn subscriptions the certificates of loan of said corpora- of Apriiio is5i, tions at par, which certificates shall be exempt from taxation, sec. 6, post, p. x ' r ' 45 - except for State purposes. Approved May 15th, 1S50. ACTS OF ASSEMBLY AFFECTING THE COMPANY. 45 AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE MARSHALL SAVING ASSOCIATION OF THE CITY AND COUNTY OF PHILADELPHIA," APPROVED THE TWENTY-SECOND DAY OF MARCH, ONE THOUSAND EIGHT HUNDRED AND FIFTY, AND RELATIVE TO THE ESTATES OF SARAH KNORR AND THOMAS REEVES, AND IN REFERENCE TO DEEDS AND THE COLLECTORS OF CORPORATION TAXES IN THE DISTRICT OF THE NORTHERN LIBERTIES, IN THE COUNTY OF PHILADELPHIA. Section 6. That the eleventh section of an act eptitled " An Pennsylvania Act to incorporate the Southern Gas Company, and relative to the pan y, repeal of appraisers of tavern licenses in the city and county of Philadel- C emin S . phia," approved the fifteenth day of May, one thousand eight hun- dred and fifty, be and the same is hereby repealed. Approved April 10th, 1851. AN ACT CONSTRUING THE FIFTH SECTION OF THE ACT ENTITLED "A FUR- THER SUPPLEMENT TO AN ACT TO INCORPORATE THE PENN- SYLVANIA RAILROAD COMPANY," AND RELATIVE TO THE OB- STRUCTION OF PRIVATE ROADS BY RAILROAD COMPANIES; RELATIVE TO HOLDING ELECTIONS IN SPARTA TOWNSHIP, CRAWFORD COUNTY, AND THE BOROUGH OF LORETTO, CAMBRIA COUNTY; AUTHORIZING JOHN McDILL TO SELL CERTAIN REAL ESTATE ; TO A VOLUNTEER COMPANY CALLED THE .BROAD TOP RIFLE RANGERS ; TO THE BOROUGH OF EBENSBURG, CAMBRIA COUNTY; TO SUPERVISORS IN LANCASTER AND JEFFERSON COUNTIES ; CHANGING THE NAME OF THE NORTHUMBERLAND AND POINT INFANTRY, A VOLUNTEER COMPANY ; TO THE CHEST- NUT HILL IRON ORE COMPANY; TO AN ELECTION DISTRICT IN CLEARFIELD COUNTY, AND TO THE CONOCOCHEAGUE CREEK IN FRANKLIN COUNTY. Section 1. That the fifth section of the act entitled "A further construing fifth supplement to An Act to incorporate the Pennsylvania Railroad ta^n act^eiative Company," passed the twenty. eighth day of March, one thousand yan^Raiiroad 1 ' eight hundred and forty-eight, shall be so construed as to include the Ante ' p " 29 ' streets, lanes and alleys, in any town, borough or city through which said road passes. 4 6 ACTS OF ASSEMBLY AFFECTING THE COMPANY. Relative to the Section 2. That any chartered railroad company in this Com- obstruction of i.i -i . - ,. • t ,i /> n private roads by monwealtn obstructing or impeding the tree use or passage of any railroad compa- . t ■, , ■,. , • , , nies. private road or crossing place, by standing burthen cars or engines, or placing other obstructions on any railroad wherever any private road or crossing place may be necessary to enable the occupant or occupants of lands or farms to pass over any railroad with horses, cows, hogs, sheep, carts, wagons, and implements of husbandry, shall for every such offence, after any agent or other person in the employment of any railroad company shall have received at least fif- teen minutes' verbal notice to remove burthen cars, engines, or other obstructions, from any private road or crossing place, that may pass over any railroad, be liable for a penalty of thirty dollars, which shall be for the use of the person or persons aggrieved, and which shall be recovered before any justice of the peace in the same man- ner that debts not exceeding one hundred dollars are by law reco- verable. And in all suits or actions that may be brought against any railroad company for the recovery of said penalty of thirty dol- lars, the service of legal process on any agent or other person in the employment of any railroad company shall be as good and available in law as if made on the president thereof. Approved April Vlth, 1851. AN ACT TO AUTHORIZE THE PENNSYLVANIA RAILROAD COMPANY TO EXTEND ITS LATERAL ROAD NOW MADE FROM LIEBENGOOD'S SUxMMIT IN WESTMORELAND COUNTY TO THE BOROUGH OF BLAIRSVILLE, TO THE BOROUGH OF INDIANA, IN THE COUNTY OF INDIANA. Section 1. That the Pennsylvania Railroad Company be, and is hereby authorized, if they deem it expedient, to extend its lateral road now made from Leibengood's Summit, in Westmoreland county to the borough of Blairsville, in a northerly direction, to the borough of Indiana, in the county of Indiana ; and that here- after the said lateral road shall be subject to all the provisions of the several acts of Assembly relating to the said Pennsylvania Rail- road, excepting the toll on tonnage provided for in the twenty- second section of the act of thirteenth of April, one thousand eight hundred and forty-six, entitled "An Act to incorporate the Penn- sylvania Railroad Company." Ajiprovcd January 29th, 1852. ACTS OF ASSEMBLY AFFECTING THE COMPANY. 47 AN ACT AUTHORIZING THE PENNSYLVANIA RAILROAD COMPANY TO CON- STRUCT A LATERAL RAILROAD FROM THEIR MAIN ROAD IN WESTMORELAND COUNTY, TO UNIONTOWN, IN FAYETTE COUN- TY, WITH POWER TO EXTEND THE SAME TO GENEVA, IN SAID COUNTY. Section 1. That the Pennsylvania Railroad Company be, and is Pennsylvania , , , . , .,, , , . -,. Railrond Com- hereby authorized, it they deem it expedient; to construct a panyauthorized lateral railroad from some point on the Pennsylvania Railroad, lateral railroad between the borough of Greensburg and the town of Latrobe, in Westmoreland county, in a southern direction, by way of or near Mount Pleasant, in Westmoreland county, and Connellsville, in Fayette county, to the borough of Uniontown, in Fayette county, and fchat hereafter the said lateral road shall be subject to all the provisions of the several acts of Assembly relating to the said Penn- sylvania Railroad Company, excepting the toll on tonnage, provided for in the twenty-second section of the act of the thirteenth of April, one thousand eight hundred and forty-six, entitled " An Act to incorporate the Pennsylvania Railroad Company." Section 2. That the said Pennsylvania Railroad Company shall also have the privilege, and they are hereby authorized, after the said lateral road shall have been completed and in operation, to extend the said lateral road from Uniontown to or near the town of Geneva, or some other point on or near the waters of the Monon- Extension of gahela, in said county of Fayette, or to the borough of Waynes- Geneva. t0 burg, in Greene county, as may be deemed most expedient and advantageous by said company, subject to the like provisions and restrictions as are imposed in the preceding section of this act, on the proposed lateral road from the main stem of the Pennsylvania Railroad to Uniontown. Approved February 28th, 1852. 48 ACTS OF ASSEMBLY AFFECTING THE COMPANY. AN ACT RELATING TO THE DISTRICT OF WEST PHILADELPHIA ; AND TO CHANGE THE NAME OF JOSEPH PARRISH TO JOSEPH AUSTIN PARRISH; RELATIVE TO THE COMMISSIONERS OF THE DIS- TRICT OF KENSINGTON ; AND TO STREETS IN MOYAMENSING ; TO CERTIFICATES OF LOAN OF THE PENNSYLVANIA RAILROAD COMPANY; TO THE CHESTNUT HILL RAILROAD COMPANY; AND TO NOTARIES PUBLIC IN PHILADELPHIA. certificates of Section 6. That all certificates of loan of the Pennsylvania Rail- vania Railroad road Company shall be subject to taxation for State purposes only, taxation. " as is now provided by law in the case of certificates of loan received by said company in payment of subscriptions to its capital stock made by municipal corporations. Approved May 1st, 1852. AN ACT TO INCORPORATE THE MANOR TURNPIKE AND PLANK ROAD COM- PANY ; TO INCREASE THE CAPITAL STOCK OF THE PENNSYL- VANIA RAILROAD COMPANY. Pennsylvania Section 4. That it shall be lawful for the Pennsylvania Railroad panyto issue Company, in addition to the capital stock authorized by the twen- share's of stock, tieth section of an act incorporating the said company, passed the 17, 33fs4, P 38. ' thirteenth day of April, one thousand eight hundred and forty-sis, its? i857,°sec. 3* and any supplement thereto, to issue certificates for any additional post, p. 62. gum not exceeding twenty thousand shares, and to demand and receive the moneys for said additional shares when subscribed for, in like manner and upon the same conditions as to instalments and otherwise, as are provided for in the ninth section of the said origi- nal act : Provided, The par value of said additional capital stock shall be fifty dollars per share as heretofore, and that the holders thereof shall have all the rights and immunities which by law are invested in the subscribers to the capital stock originally authorized to be created. Approved May Gth, 1852. ACTS OF ASSEMBLY AFFECTING THE COM I 'ANY. 4 'J AN ACT AUTHORIZING THE COMMISSIONERS OF FAYETTE COUNTY AND THE BOROUGHS OF UNIONTOWN AND CONNELLSVILLE, IN SAID COUNTY, AND THE BOROUGHS OF MOUNT PLEASANT AND YOUNGSTOWN, IN WESTMORELAND COUNTY, TO SUBSCRIBE TO THE CAPITAL STOCK OF THE PENNSYLVANIA RAILROAD COM- PANY Section 1. That the borouah of Uniontown and the boroughs of Certain bor- he author- Connellsville, in the county of Fayette, and the boroughs of Mount ized to subscribe ' ■ ... ii stock to Penu- Pleasant and Youngstown, in Westmoreland county, are hereby syivania rail- authorized and empowered to subscribe for shares in the capital stock of the Pennsylvania ltailroad, to be applied to the construc- tion of the Uniontown branch, not exceeding two thousand shares each, and to borrow money to pay therefor, and to make provision for the payment of the principal and interest of the money so bor- rowed, by the assessment and collection of such taxes as may be necessary for that purpose, and also, as in other cases of loans to corporations ; and no certificate of loan or bond shall be issued by said corporations for a less sum than one hundred dollars, and shall be transferable as shall be directed by said corporations respectively ; and the certificates of loans or bonds to be issued by either of the said corporations for the purpose aforesaid, bearing a rate of interest not exceeding six per centum per annum, payable half yearly, may be received by said Pennsylvania Railroad Company, in payment of instalments on shares subscribed by said corporations, in such terms as shall be agreed upon between said company and said cor- porations. Section 2. That the subscription of stock aforesaid shall be Subscriptions, , . . . , ii, • i i • • l' ow directed. directed by resolution passed by the corporate constituted authorities of said boroughs respectively, and said corporations may be repre- sented at elections and other meetings of said railroad company by agents duly authorized by resolutions of the constituted authorities thereof. Section 3. That the commissioners of the county of Fayette, or Commissioners • • pi i • j j of Fayette coun- a maioritv of them, be and they are hereby authorized and em- ty authorized to •> J ' / J subscribe stock. powered to subscribe for shares in the capital stock of the Pennsyl vania Railroad Company, to be applied to the construction of the Uniontown branch, not exceeding five thousand shares, in the name and behalf of said county, and to borrow money to pay therefor, and to make provision for the payment of the principal and interest 4 50 ACTS OF ASSEMBLY AFFECTING THE COMPANY. Proviso. of the money so borrowed, as in other cases of loans to corpora- tions : Provided, That before any such subscription is made, the amount thereof shall be fixed and determined by the grand jury of said county, and upon the report of such grand jury being filed, it shall be lawful for the county commissioners to carry the same into effect by making, in the name of the county, the subscription so directed by said grand inquest : Provided further, That whenever bonds of the county are given in payment of subscription, the same shall not be sold by said railroad company at less than par value, and no bonds shall be in less amount than one hundred dollars : And provided further, That such bonds shall not be subject to taxation until the clear profits of the road shall amount to six per centum upon the cost thereof. Section 4. That the commissioners of said county, or a majority of them, may issue certificates of loan or bonds in the name of said county, redeemable in not less than ten nor more than twenty-five years, bearing a rate of interest not exceeding six per centum per annum, payable semi-annually, which shall be transferable as may be directed by said commissioners, or a majority of them, and the said certificates of loan or bonds may be received in payment of instalments on shares of stock subscribed for said county, upon such terms as may be agreed upon by said company and the commis- sioners aforesaid, and the said county may be represented at elec- tions and other meetings of said company, by agents duly authorized and appointed by resolutions of the board of commissioners of said county. Approved May 1st, 1853. Certificates of loan. AN ACT AUTHORIZING THE PENNSYLVANIA RAILROAD COMPANY TO RUN THEIR CARS OVER CONNECTING AND CONTINUOUS RAILROADS. Section 1. That the Pennsylvania Railroad Company be, and they are hereby authorized to run their cars and locomotives over all connecting and continuous railroads, with the consent of the com- panies owning the same, and also, their cars over the railroads belonging to this commonwealth, for the transportation of freight, ACTS OF ASSEMBLY AFFECTING THE COM FAN V. [passengers, their baggage, and the United States mails,*] with the right of attachment to the motive power of the State, employed for these respective purposes, upon such terms and conditions as may be agreed upon between the canal commissioners and said Pennsyl- vania Railroad Company, or in case of failure to agree, then upon terms and conditions that shall not be less favorable to said com- pany than those that may be established from time to time, by the canal commissioners, for the government of individuals doing busi- ness on said railroads, except those engaged in the transportation of freight passing the whole distance between Philadelphia and Pitts- burgh, over the public works : Provided, That nothing herein con- tained shall be so construed as to affect or impair the contract made with Bingham and Dock, for the transportation of passengers and mails over the Philadelphia and Columbia railroad by said commis- sioners, which contract is hereby confirmed : Provided, That the Legislature hereby reserves the right to repeal this act of Assem- bly, in such manner, however, that no injustice shall be done to the parties : And provided, That the canal commissioners shall at all times be required to run a sufficient number of engines between Lancaster and Philadelphia, to accommodate the local and way freight. Approved March 3d, 1853. AN ACT TO AUTHORIZE THE BOROUGH OF GREENSBURG TO SUBSCRIBE TO THE CAPITAL STOCK OF THE PENNSYLVANIA RAILROAD COMPANY; RELATIVE TO VACANCIES IN THE BOARD OF DI- RECTORS OF ROAD COMPANIES IN ALLEGHENY COUNTY; TO BOROUGH OFFICERS IN PORT CLINTON, SCHUYLKILL COUNTY ; RELATING TO THE PROTHONOTARY OF WESTMORELAND COUN- TY ; RELATIVE TO THE MANOR TURNPIKE AND PLANK ROAD ; AND REPEALING THE ACT AUTHORIZING THE SALE OF THE WARREN BRIDGE ; AND RELATING TO OVERSEERS OF THE POOR AND SUPERVISORS OF THE SEVERAL TOWNSHIPS IN ALLE- GHENY COUNTY. Section 1. That the burgesses of the borough of Greensbursr, in Borough of Gieensburg to the county of Westmoreland, be and they are hereby authorized and subscribe to the -. , , i i , capital stock of empowered to subscribe, not exceeding one thousand shares, to the the Pennsyi™- . ' . . nia Railroad Co. capital stock of the Pennsylvania Railroad Company, for the pur- * Repealed by Act of May 13th, 1856. Vide post, page GO. 52 ACTS OF ASSEMBLY AFFECTING THE COMPANY. pose of constructing a branch of said railroad from a point on said road at or near said borough to the borough of Uniontown, in Fayette county ; and the said burgesses are hereby further authorized and empowered to issue bonds of the said borough of Greensburg, to the amount subscribed as aforesaid, bearing interest not exceeding six per centum per annum, payable semi-annually, the principal whereof shall be payable at a period not exceeding twenty years, which said bonds may be received by the Pennsylvania Kailroad Company, in payment of the stock subscribed as aforesaid, and not to be issued for sums less than one hundred dollars, and assignable only upon the book or books provided by said burgesses for that purpose, by the holders thereof or their heirs or legal representatives, or by some person having a power of attorney to make such assignment : p r0 vi a ,. Provided, That the said bonds shall not be issued as aforesaid until the taxable inhabitants of said borough shall first approve of the subscription aforesaid, at an election to be called and held for that purpose by the burgesses of said borough, and to be conducted according to such rules as the said burgesses shall establish. Approved March 19th, 1853. AN ACT TO INCORPORATE THE WOODBURY AND BROAD TOP TURNPIKE OR PLANK ROAD COMPANY ; RELATIVE TO SALE OF A SCHOOL HOUSE IN FULTON COUNTY ; EXTENDING THE PROVISIONS OF THE SECOND SECTION OF THE ACT REGULATING BOROUGHS TO THE BOROUGH OF PINE GROVE, SCHUYLKILL COUNTY ; EXTEND- ING THE PROVISIONS OF THE ACT TO ENCOURAGE MANUFAC- TURING OPERATIONS TO THE MANUFACTURE OF FLOUR AND MEAL, IN THE COUNTIES OF PHILADELPHIA AND BEAVER ; TO THE WILL OF JACOB MOYER, DECEASED, OF BEDFORD COUNTY; TO PROHIBIT THE KEEPING OF BAGATELLE ROOMS IN ALLE- GHENY COUNTY ; RELATIVE TO THE MILL-DAM OF M. M-CUL- LOUGH, OF ALLEGHENY COUNTY; AUTHORIZING THE PENN- SYLVANIA RAILROAD COMPANY TO CONSTRUCT A LINE OF TELEGRAPH ALONG THEIR ROAD; AND REFUNDING CERTAIN MONEY TO WUNDERLICH AND NEAD, OF FRANKLIN COUNTY. Penna. raOrowi Section 13. That the Pennsylvania Kailroad Company be and company autho- * rized to con- they are hereby authorized to make and construct a line of tele- struct a line of "^ telegraph. graph wires along and adjacent to the line of their railroad, from the city of Pittsburg to Harrisburg, and from Harrisburg, connect- ing with the former, to the city of Philadelphia, along and adjacent ACTS OF ASSEMBLY AFFECTING THE COMPANY. to the line of the LTarrisburg and Lancaster, and Philadelphia and Columbia Railroads; and for the purpose of making, erecting and constructing the same, the said company or their agents arc hereby authorized to enter and go upon the premises of any person or per- sons, and erect posts, and use any tree for the purpose of suspend- ing their wires, and construct the same : Provided, The said com- Provto . pany shall not erect posts for the reception of said wires more than live feet from the tracks of said railroads, without the consent of the owner or owners of the land through which said railroads pass, nor shall they cut down or destroy trees or other property, without ten- dering full compensation therefor, and to make and use branches from the main line to any of their stations, and to use the same for telegraphic communication, for themselves and the use of the com- pany, and to enter at any time upon the property on which their said line is constructed for general or special repair of any part or all of their said line, and to suspend their wires on any part of the public improvements along said line ; and in case of damage done to any individual, they may be sued for the same in any of the courts of this Commonwealth, for the damage actually sustained; Provided, That the consent of the Canal Commissioners be first Pr0VIS0 - had. Approved May 11th, 1853. AN ACT TO AUTHORIZE WILLIAM C. PATTERSON AND OTHERS TO CON- VEY THE POWELTON ESTATE IN WEST PHILADELPHIA, Whereas, William C. Patterson, Samuel V. Merrick, David S. gamble. Brown, Thomas T. Lea, Alexander J. Derbyshire, Washington Butcher, and Edward M. Davis, have taken as purchasers thereof a conveyance of the whole estate called Powelton, on the west side of the Schuylkill river, in the county of Philadelphia, in order to secure what they deemed only necessary conveniences for the pro- per business of the Pennsylvania Railroad Company, in West Phila- delphia, and the said company have no authority by law to hold more than thirty acres of said estate, and the same being burden- some to the said purchasers to hold as individuals; Therefore, Section 1. Be it enacted, &c, That authority is hereby given to £ ir< ? u " « ' ' J jo thorized t<> « n the said purchasers to convey the said estate, or the residue thereof, ve y P°weitoi> 54 ACTS OF ASSEMBLY AFFECTING THE COMPANY. estate to trns- being about sixty-two acres, more or less, in extent, to any trustee ! Pa. R. R. Company. or trustees who may be selected or approved by the board of direc- tors of said company, in fee simple, and the said trustee or trustees to whom the said estate, or the residue thereof, shall be conveyed, and the successor or successors of the said trustee or trustees, duly appointed, shall have full power and authority to hold the same for the use and benefit of the said the Pennsylvania Railroad Company, for and during the term of five years from the first day of July, Trustees may one thousand eight hundred and fifty-three, for the purpose of sell- s Ti and convey ■■ . . , estate or apply ing and conveying the same, or any part or parts thereof, to any See Act of April person or persons, according to the orders of the said Pennsylvania z>8, and 'Act of ' Railroad Company, and account to the said corporation for the pro- post, p.' 73. ' ceeds of such sale or sales, and in the meantime, until such sale or sales shall be effected, to permit and suffer such use and uses of the said estate, or any part or parts thereof, as the said Pennsylvania Railroad Company or their board of directors may order and direct, and the said Pennsylvania Railroad Company is hereby authorized to indemnify the purchasers aforesaid named in the preamble, against any loss which may accrue from the sale of said remainder of the Powelton estate. Approved May 20$, 1853. AN ACT TO AUTHORIZE THE PENNSYLVANIA RAILROAD COMPANY TO MAKE CONNECTIONS TO AND FROM THEIR FREIGHT DEPOT, IN THE CITY OF PHILADELPHIA. Company au- Section 1. That the Pennsylvania Railroad Company be and thorizedto J . make tracks they are hereby authorized to make such connection from their from their * . freight depot in freight depot, in the city of Philadelphia, by laying a track or tracks aiongcertain of railway from said depot alone; Juniper street to Market street, streets, to con- ■' i o i nect with rail- an( j alone; Olive street to Broad street, to connect with the railroad road on Market and Broad sts. on sa id Market and Broad streets respectively, with such extension along the said Juniper street to or beyond Kelly street as may be necessary and convenient for the accommodation of cars and the Proviso. transaction of their business of transportation : Provided, That the consent and approbation of the Select and Common Councils of the city of Philadelphia first be had in writing; and if constructed, the laying of such track or tracks shall be subject to the control and direction of said Councils, or their deputed agent or agents. Approved February 16th, 1854. ACTS OF ASSEMBLY AFFECTING THE COMPANY. -w AN ACT AUTHORIZING THE COUNCILS OF THE CITY OF PITTSBURGH TO OPEN PART OF FERGUSON STREET AND TO CLOSE DELL'S ALLEY. Section 1. Be it enacted, dr., That any ordinance passed or to Ordinance of be passed by the Select and Common Councils of the city of Pitts- ingconn , - - , . „ . - Of F'T-U burgh, tor changing part or the course ot lerguson street, and Pittsburgh, ana -, . , -, ii- n • vacating Bell'a vacating and opening the same, and any such ordinance for vacating alley. I i i ' • -r» ii» ii 1 n • i i ii i • bursh, confirm- and closing .Bell s alley, or any part thereof, is hereby allowed, rati- ed, ana title to fied and confirmed in such manner as to make the opening, changing, alley so vacated . „ • i i n i t i i i • i "" confirmed to Pa. vacating and closing aforesaid, legal and valid, and the title to any k. it. Co. street or alley so vacated is hereby confirmed to the Pennsylvania Railroad Company, so long as they are owners of the adjoining pro- perty. Approved April 19th, 185-1. AN ACT AUTHORIZING THE OPENING OF A STREET IN THE CITY OF PITTSBURGH. "Whereas, The city of Pittsburgh did, by ordinance of the Coun- preamble cils of said city enacted on the twenty-eighth day of July, one thousand eight hundred and fifty-three, among other things, vacate and consent to the vacation of so much of Ferguson street, in the said city, as lies between a point on said street five hundred and fifty feet east from the eastern line of Lumber street and Morton street, and did give exclusive occupancy and use thereof to the Pennsylvania Railroad Company : Provided, That the said com- pany should, at its own cost, cause to be laid out and graded along the south line of the southern track of said railroad, and parallel to and adjoining therewith a space or street of forty feet in width, extending the length of that part of Ferguson street vacated and connecting therewith ; And ichereas, The said company has no power to take and appro- priate the strip of land necessary for the opening of said space or street ; 50 ACTS OF ASSEMBLY AFFECTING THE COMPANY. Powers, &c, of Pa. R. It. Co. to .appropriate land extended to embrace a strip extending the length of that p:irt of Fer- guson street, Pittsburgh, va- cated and oon- iie.ting there- with. Pr viso. Section 1. Be it enacted, &c, That all the rights, powers, privi- leges and proceedings provided for by any existing law by which the Pennsylvania Railroad Company may appropriate land for the necessary route of the road, or any other purposes connected there- with, be and they are hereby extended to and so as to embrace the said space or street of forty feet in width, extending the length of that part of Ferguson street vacated by the ordinance of the city of Pittsburgh of July twenty-eighth, one thousand eight hundred and fifty-three: Provided, That compensation be made to the owners of any property which may be taken for said space or street, in the manner now provided by law for the ascertaining of the damage arising from the taking of land for the necessary route of the road, or other purposes connected therewith ; and in estimating said ques- tion of damage, the viewers shall make a fair and just comparison of the advantages and disadvantages, and consider and determine whether upon the whole the taking of the said land is or is not an injury, and award and report accordingly : Provided also, That when the proceedings are completed, the ground so to be taken shall be forever a public highway and one of the streets of the city of Pittsburgh, like all other streets in said city: Provided further, That the viewers appointed in this case shall be residents of the county of Allegheny : And provided further, That this act shall not be construed to affect any portion of said Ferguson street lying east of Morton street. Approved April Qth, 1855. Proviso. AN ACT EXEMPTING COAL AND LUMBER FROM THE TONNAGE TAX. Section 1. That the several acts imposing a tax on tonnage pass- ing over the Pennsylvania Railroad, and the Harrisburg, Lancaster and Mount Joy Ptailroad, shall not hereafter apply to lumber or coal : Provided, That said companies shall made a permanent deduction from their rates of charges on said articles below their schedule rates for goods now or hereafter to be embraced in the same class, equal to or greater than said tax: And provided further, That the legislature reserves the right to repeal this act at any time, and to re-enact the several acts hereby repealed. Approved May 1th, 1855. ACTS OF ASSEMBLY AFFECTING THE COMPANY. 57 AN ACT TO AUTHORIZE THE PENNSYLVANIA RAILROAD COMPANY TO PURCHASE AND HOLD CERTAIN REAL ESTATE IN THE CITY OF TITTSBURGH. TViiereas, an agreement was made on the twenty-second day of Preamble. February, one thousand eight hundred and fifty-four, for the pur- chase by said company of a certain lot of ground on Liberty street, in the city of Pittsburgh, on which was erected Saint Patrick's Roman Catholic Church, and part of which was used as a burying ground ; and whereas, it has become necessary for the vesting of an indisputable title to said lot, that the Legislature shall authorize proceedings to this end, now, for the quieting of all such doubts, and to enable the company to take and hold said property: Section 1. That the Pennsylvania Railroad Company shall have Company autho- i-iii • i • />i-i" ii rized to niijn • the right, by the true intent and meaning ot their charter and the priate, hold and . , -iiii l-i «se lot of ground several supplements thereto, to appropriate, hold, and use the said described in pre- .. amble, and eroct described lot or ground, with the appurtenances, and to erect and depots, Ac, establish depots and warehouses thereon, in like manner and to the same extent as if the route of the road itself, and so much of the said charter and supplements thereto as prohibit them from so appropriating any burying ground or place of public worship, be and the same is hereby repealed, so far as is concerned the lot of ground on Liberty street, in the city of Pittsburgh, lately used for Saint Patrick's Roman Catholic Church and burying ground : Pro- proviso. vided, That no entry shall be actually made on said ground, until the bodies interred therein shall have been removed under the sanc- tion of the Roman Catholic Bishop of Pittsburgh: And pro vided proviso. further, That the compensation to be paid by said company, for said premises, shall be paid to the trustee now in possession of said premises, to be by him held and applied, upon the same trusts where- with said premises are charged ; and upon such payment to the trustee aforesaid, the said railroad company shall be discharged from all liability in respect to the application thereof, and shall hold the said premises free and discharged of all trusts whatever. Approved February 7lh. 1856. 58 ACTS OF ASSEMBLY AFFECTING THE COMPANY. AN ACT RELATING TO REAL ESTATE HELD BY OR FOR THE PENNSYLVA- NIA RAILROAD COMPANY. Company au- Section 1. That the Pennsylvania Railroad Company be and a certain por- they are hereby authorized and empowered to sell and dispose of tion of Powelton . . . ,. „ . estate, Phiiadei- such parts and portions as they may deem expedient, ot a certain feefoiTground 1 tract of land situate in the late District of "West Philadelphia, now- wise, free frsm in the consolidated city of Philadelphia, part of the Powelton estate, conveyance to containing thirty acres, more or less, (which John Hare Powel, by hold the rents indenture dated the second day of May, Anno Domini eighteen hun- ActofMay2o, dred and fifty-three, recorded at Philadelphia, in deed book T. H., and Actof April number eighty-four, page seventy-three, et cetera, granted unto the 73. ' ' said company for the purposes and objects appertaining to the legiti- mate business of the said company,) and they are hereby authorized to sell, grant and convey the same unto the purchaser or purchasers thereof, in fee simple, upon ground rent or otherwise, free from the purposes and objects aforesaid; and in case any such sale or sales be made in consideration of a yearly rent or rents to be reserved to the said company and to remain charged upon the land so sold, then the said company are hereby authorized to hold and stand seised of such yearly rent or rents, with the rights, incidents and appurtenances thereto belonging, and to sell and dispose of the same Proviso. when they may deem it expedient : Provided, That the said com- pany shall sell and dispose of, absolutely, any ground rent or mort- gage arising from the sale of said property, within the period of ten years from the date of its creation. Company au- Section 2. That the Pennsylvania Railroad Company aforesaid thorized to take J x J from Girard Life ^g aU( l they are hereby authorized and empowered to take and Ins. An. and J J r , Trust Co. aeon- rece i vc f r0 m the Girard Life Insurance, Annuity and Trust Com- veyance in fee of certain parts pany, of Philadelphia, a conveyance of such part or parts as may be tate. suitable to them for the purposes and objects of their incorporation, of a certain tract or parcel of land, also part of the Powelton estate, in West Philadelphia, which William C. Patterson and wife and others, by indenture dated the twenty-first November, Anno Domini one thousand eight hundred and fifty-three, recorded in deed book T. H., number one hundred and one, page five hundred and forty- seven, et cetera, granted unto the Girard Life Insurance, Annuity and Trust Company, of Philadelphia, in trust for certain purposes ACTS OF ASSEMBLY AFFECTING THE COMPANY. 50 therein mentioned ; and the said land so to be conveyed to the Penn- sylvania Railroad Company Bhall be held by them, their successors and assigns, in fee simple, for the like and same purposes and objects as those for •which they have heretofore held the said tract of thirty acres : Provided, That the said land so to be conveyed, Proviso, together with the part of said thirty acres to be retained by the said company, shall not in the whole exceed fifty acres, to be designated or located by the President of the company and the President of the By'whomlocar Board of Canal Commissioners : And provided further, That the Proviso. Canal Commissioners are hereby authorized to locate on the north-east side of the Columbia railroad, a piece of land sixty-sis feet in width on the surface, w T ith the necessary slope of embankment, from the outside rail of the northern main track, beginning at the southern line of the ground occupied by the Commonwealth for an engine depot, and extending parallel with said railroad to the river Schuyl- kill, or such portion of said ground as they may deem necessary for the interest of the State, to be paid for at a rate not exceeding the present value thereof. Section 3, And whereas the tract of land, part of the Powelton Preamble, estate in West Philadelphia aforesaid, was conveyed by William C. Patterson and wife, and others, by the above recited indenture to the Girard Life Insurance, Annuity and Trust Company of Phil- adelphia, their successors and assigns, in trust for the use and benefit of the Pennsylvania Railroad Company, for and during the term of five years from the first day of July, Anno Domini one thousand eight hundred and fifty-three, for the purpose of selling and conveying the same agreeably to an Act of Assembly, number three hundred and seventy-seven, approved on the twentieth of May, one thousand eight hundred and fifty-three: That the said term of Limitation of five years, limited by the above mentioned Act of Assembly, be landextended and the same is hereby extended to the term of seven years from from July 1, the said first day of July, one thousand eight hundred and fifty- three ; and that the said the Girard Life Insurance, Annuity and Trust Power t0 Girard Company of Philadelphia, and their successors, shall have full power aneeTnj^riu't and authority to hold the said land for the use and benefit of the £X£ said Pennsylvania Railroad Company, for and during the term of seven years from the first day of July, one thousand eight hundred and fifty-three, for the purpose of selling and conveying the same or any part thereof to any person or persons in fee simple upon ground rent or otherwise, according to the orders of the said Railroad Com- pany, and in the way and manner directed by the Act of Assembly aforesaid, and set forth in the said last recited indenture. Approved April 22c?, 1856. 60 ACTS OF ASSEMBLY AFFECTING THE COMPANY. A FURTHER SUPPLEMENT TO THE ACT CONSOLIDATING THE CITY OF PHILADELPHIA. Chief Engineer Section 18. That the Chief Engineer and Surveyor of the City of and Surveyor of ° ^ ^ Philadelphia Philadelphia be and he is hereby authorized and directed to revise authorized and * J directed to and change the trades of the streets laid out in the Twenty-fourth change grades ° ° J of certain sts. in "Ward of said city, north of Market street, the Lancaster Turnpike said city. ■" r and south of Bridge street, and east of late Sixth, now Thirty-fifth Revised survey street, so as to conform, in as great a degree as he shall deem ad- by Board of visable, to the natural grade or surface of the ground; the said approved by revised survey shall be confirmed by the Board of Survey, and be Sessions. ' approved by the Court of Quarter Sessions in the manner now pro- rroviso. yided by law : Provided, That no alteration shall be made in the grades of Market street, Lancaster Turnpike, Bridge street, and Sixth street, now Twenty-fourth street as aforesaid ; and the Com- missioners for the survey of the plan of Blockley, shall proceed to cause the same to be completed and approved by the court, in man- ner provided by law before said township was embraced in the city of Philadelphia. Approved May IZth, 1856. AN ACT TO PROVIDE FOR THE ORDINARY EXPENSES OF GOVERNMENT, THE REPAIRS OF THE PUBLIC CANALS AND RAILROADS, AND OTHER GENERAL AND SPECIAL APPROPRIATIONS. Repeal of Act of Section 41. That so much of the act entitled "An act authoriz- 3d March, 1853, .,,-,-. , . t» ., , ~ i ■ (ante, p. 51.) ing the Pennsylvania luulroad Company to run their cars over con- necting and continuous railroads," approved the third day of March, one thousand eight hundred and fifty-three, as relates to carrying Canal Commis- passengers and baggage and mails on the Philadelphia and Columbia i/,ed e to contract railroad, be and the same is hereby repealed ; and the canal com- sengers, &c, missioners are hereby authorized to contract with responsible per- raiiroad. sons, or companies incorporated by any law of this commonwealth, for carrying passengers, their baggage, and United States mails, on ACTS OF ASSEMBLY AFFECTING THE COMPANY. 01 the Philadelphia and Columbia railroad, for a period not exceeding five years from and after the expiration of the contract now existing between the canal commissioners and Bingham & Dock, on such terms and conditions as will best promote the interest of the com- Proviso-^Cityof monwcalth : Provided, That from and after the first day of May,, next it shall not be lawful for the city of Philadelphia to charge on city i and collect tolls on the city railroad for any greater distance than tancethanactu- that actually used, including the bridge over the Schuylkill river, eluding Market at Market street. '"' i,ige - Approved May loth, 1S5G. AN ACT RELATING TO THE PENNSYLVANIA RAILROAD COMPANY. Section 1. That the several provisions of the act to incorporate charter extemi- the Pennsylvania Kailroad Company, approved the thirteenth day (See ante) p?a!j of April, one thousand eight hundred and forty-six, and the supple- ments thereto, be and the same are hereby extended for the term of ten years from the passage of this act; and all acts and things done by said company, or its agents, since the thirteenth day of April, one thousand eight hundred and fifty-six, are hereby ratified and confirmed, with the same force and effect as if the limitation in the twenty-fifth section of said original act of incorporation had never been imposed. Approved April IQtJi, 1857. AN ACT FOR THE SALE OF THE MAIN LINE OF THE PUBLIC WORKS. Section 1. That it shall be the duty of the governor, within ten Notice tab* days after approving this act, to cause to be advertised daily until f'v™^ the day of sale, in one or more newspapers of extensive circulation, SwterfSun published in the cities of Philadelphia, Pittsburgh, Washington, Boston, New York, and in the borough of Harrisburg, a notice line. 62 ACTS OF ASSEMBLY AFFECTING THE COMPANY. that the main line of the public 'works will be exposed to public sale, at the Merchants' Exchange, or some other public place in the city of Philadelphia, on a day to be selected by him, not more than forty days after the passage of this act ; if a sale shall not be effected on the day fixed by the governor, it shall be lawful for him to adjourn Proviso. the sale from time to time as he may deem expedient : Provided, That public notice of such adjournment shall be given in such news- Proviso, papers as he may select : And provided further, That the last day fixed by adjournment for said sale shall not be less than twenty days before the meeting of the next Legislature. Main liue to be Section 2. That at the time and place so selected, it shall be the offered. , . . duty of the governor to have offered at public sale the whole main line of the public works, to wit : the Philadelphia and Columbia railroad; the canal from Columbia to the Junction at Duncan's Island; the Juniata canal from thence to Hollidaysburgh ; the Allegheny Portage railroad, including the new road to avoid the inclined planes, and the canal from Johnstown to Pittsburgh, with all the property thereto appertaining, or in anywise connected therewith. who may pur- Section 8. That it shall be lawful for any person or persons, or railroad or canal company now incorporated, or which may here- after be incorporated by and under the laws of this Commonwealth, to become the purchasers of the said main line of the public works, Minimum price, for any sum not less than seven and a half millions of dollars ; and in the event of a sale of the said main line being made to individuals, ' it shall be lawful for such individuals so purchasing, after the said Purchasers may public sale, to assign and transfer their right to the said main line under saifl purchase, to any railroad or canal company created by the laws of this Commonwealth ; and such railroad or canal company, on compliance with the conditions of the said sale, and on the payment or securing of the purchase money of the said main line to the Com- monwealth, as hereinafter provided, shall be fully invested with the right of the said purchasers, and be entitled to the same rights and privileges as if the said main line had been struck off and sold to said company at the time of said public sale, and if necessary, said Company pur- company may increase their capital stock or borrow money and issue chasing may in- . . . , crease their their bonds to any amount not exceeding fifty per centum above the capital or bor- iiii • ±* » • j- row money. amount of the purchase money; and should any association ot indi- viduals become the purchasers of the said main line on the terms prescribed by this act, the governor is hereby authorized to grant Letters patent, them letters patent incorporating the same into a body corporate, style. in deed and in law, under the name, style and title of the Philadcl- ACTS OP ASSEMBLY AFFECTING THE COMPANY. 63 pbia and Pittsburg Railroad and Canal Company, with nil the privi- leges, and subject to all the restrictions, of an act regulating railroad Sui j<:ct to companies, approved the nineteenth day of February, one thousand eight hundred and forty-nine, and the supplements thereto, so far as is consistent with the provisions of this act : Provided, That no bid Proviso, shall be accepted unless the bidder, or the company to whom he shall assign his said bid, shall, on the day of the sale, have deposited in the hands of the governor, or some person duly authorized by him to receive it, the sum of one hundred thousand dollars in cash or State $100,000 to be bonds, which shall be forfeited to the use of the Commonwealth if ofsaiej the terms of sale are not complied with ; and if the party to whom tionofsaieuot the same shall be struck down shall not comply with the said condi- mp e tions, by the payment of one hundred thousand dollars as aforesaid, then it shall be the duty of the governor, if deemed proper by him, to tender the same to the next highest bidder who shall comply with the said conditions : Provided, That said next bid is not less than Proviso, seven millions five hundred thousand dollars, or again expose the said main line to sale, as provided for by the first section of this act : And provided further, That if the Pennsylvania Railroad Company shall Purchase 'by 1 1 1 • ■ t -i 1 • Pennsylvania become the purchasers of said main line at said public sale, or by assign- Railroad Com- pany regulated. ment, as aforesaid, they shall pay, in addition to the purchase money at which it may be struck down, and which shall not be less than the sum of seven and a half millions of dollars, the sum of one and half millions of dollars, the whole amount of sale to be paid in the bonds of the company, bearing interest at the rate of five per centum per an- num, payable semi-annually on the thirty-first day of January and J uly of each year, and which bonds, without further record, shall remain a lien upon the said main line ; one hundred thousand dollars of which said bonds shall fall due on the thirty-first day of July, one thousand eight hundred and fifty-eight, and one hundred thousand dollars thereof annually thereafter until the thirty -first day of July, one thousand eight hundred and ninety, when one million of the residue shall fall due, and one million annually thereafter until the whole is paid ; and upon the execution and delivery of said bonds when tonna . re to the Treasurer of the State, the Pennsylvania Railroad Company, tax t0 cease - and the Harrisburg, Portsmouth, Mount Joy and Lancaster Railroad Company, shall, in consideration thereof, be discharged by the Com- monwealth forever from the payment of all taxes upon tonnage or freight carried over said railroads ; and the said Pennsylvania Rail- Liability for road Company shall also be released from the payment of all other state taxes! taxes or duties on its capital stock, bonds, dividends or property, except for school, city, county, borough or township purposes; and 64 ACTS OF ASSEMBLY AFFECTING THE COMPANY. May purchase or t^ ft s ball be lawful for the purchasers, or their assigns, either to pur- burg and Lan- c hase or lease, hold and use the railroad of the Harrisburs, Ports- caster Kailroad. ' °' mouth, Mount Joy and Lancaster Railroad Company, and to straighten and improve the said Philadelphia and Columbia Railroad, and to extend the same to the Delaware river, in the city of Phila- May enlarge and delphia : and it shall be further lawful for them to alter, enlarge, repair works. c ' ° and deepen the canal portion of said main line, and to make such additional locks and dams, and to make, in whole or in part, a slack- water navigation as may be deemed expedient ; and in the event of a sale or lease as aforesaid by the Harrisburg, Portsmouth, Mount Joy and Lancaster Railroad Company, the said company shall have the power to sell or lease, and the said purchasers, or their assigns, to buy or take on lease said road, and to make and receive respectively all such contracts, deeds or assurances, as may be requisite to carry Proviso. the same into effect : Provided, That the right of the Commonwealth to enter upon, resume and purchase the road of the Pennsylvania Railroad Company, as provided in their charter, shall thereafter Proviso. cease and determine : And provided further, That in case of the refusal of any stockholder or stockholders of said company to comply with the provisions of this act, after the same may have been accepted by a majority of the stockholders of the company, it shall be lawful for said company to pay the stockholder or stockholders so refusing, the full market value of his, her, or their share or shares of stock, and such share or shares shall inure to the benefit of the company, to be disposed of by the directors for the benefit of the balance of the stockholders. Section 4. That if the said main line of public works shall be sold to other parties than the Pennsylvania Railroad Company, the Credit to pur- purchaser or purchasers shall be entitled to a like credit upon the amount of said purchase money, and for the performance of the conditions of said sale, in behalf of the purchaser, and for the security of the purchase money to the commonwealth, the said pur- PurchaBe money chase money until paid, shall remain a lien on said works; and the individuals or company purchasing as aforesaid, shall, within sixty How to be paid. days a f ter sa ^ sa ^ c > gi ye a mortgage on the said main line of the public works, and bonds for the amount of the purchase money, and in addition thereto, shall deliver, within ten days after said sale, to the Governor, for the use of the Commonwealth, bonds of the State of Pennsylvania, or of the City of Philadelphia, to the amount of one hundred thousand dollars, and within sixty days the additional amount of one million nine hundred thousand dollars, or in lieu thereof, a like amount of first mortgage bonds of the Penn- ACTS OF ASSEMBLY APFECTING THE COMPANY. Co sylvania Railroad Company, and payment of the principal of such purchase money shall be made in certificates of loan of the Com- monwealth of Pennsylvania, at par or in cash, and of the interest interest, how in cash semi-annually on the thirty-first days of July and January in each and every year upon any balance remaining due. Section 5. That immediately after the said purchaser or pur- chasers, or their assigns, shall take possession of the same, the said purchaser or purchasers, or assigns, shall be bound ever thereafter, to keep up in good repair and operating condition, the line of said works to be railroad and canal extending from Hollidaysburg to Philadelphia pair, and so much of the western division as lies between Blairsville and Pittsburgh, until the North-Western Railroad shall be open for busi- ness from Blairsville to the Allegheny River; with the necessary toll-houses, water-stations, locks, buildings and other appurte- nances; and the said railroad and canal shall be and remain for- ever a public highway, and the said purchaser or purchasers of the same shall furnish stationary and locomotive engines and motive power, for the use of all persons or companies engaged or wishing to And all parties . „ . entitled to their engage in the transportation 01 tonnage and passengers, at such times uses. and in such manner as not to impair the use and enjoyment of said railroads by such parties, they paying just and fair charges, which Toils, shall not exceed the rates of toll on the railroad prescribed in the charter of the Pennsylvania Railroad ; and the rates of toll charged upon the canal shall not be more than eighty per centum of those prescribed in the charter of the Union Canal Company, it being the true intent and meaning of this act, that the said sections of canal and railroad and every part thereof, except as is hereinbefore pro- vided, shall be and remain a public highway, and kept open and in repair by the purchaser or purchasers thereof, or assigns as such, for the use and enjoyment of all parties desiring to use and enjoy the same : Provided, That said purchasers be authorized to grant, Proviso, That sell and convey, or to lease for a term of years, upon such condi- sen or lease any .. , t „ . , , , part of canals. tions as may be agreed upon, any part or portion of said canals, and any corporation or association of individuals authorized by this act to purchase the whole, may purchase or lease such portions and hold the same, subject to the conditions and entitled to all the privi- leges contained in this act : Provided, That if the said purchaser or Proviso. purchasers or their assigns shall decide to abandon the western division, or any part thereof, then they shall be required to lease the same to any party or parties who may desire to keep it open, the expense of keeping up the same devolving entirely upon the lessees, and the purchasers or their assigns being forever exempt from any 5 66 ACTS OF ASSEMBLY AFFECTING THE COMPANY. Proviso. Abandonment regulated. Purchases to be made from transporters. Bonds may be paid before maturity. liability for keeping in navigable condition said western division : Provided further, That if the said purchaser or purchasers, or their assigns, shall decide to abandon the Western division or any-part thereof, the said purchaser or purchasers, or their assigns, shall •within not less than sixty days before such abandonment, purchase from the owner or owners, all the boats then in boating order on the said western division, and all the cars and trucks then in run- ning order on the Allegheny Portage Railroad, at a fair price and valuation, to be agreed upon by the parties ; and whenever the said purchaser or purchasers, or their assigns, and any of the said owners cannot agree upon the price and value of any of the said boats, cars or trucks, the parties so failing to agree, shall each select one com- petent person, and they shall jointly select a third person, or failing to agree in the choice of such third person, the two chosen as afore- said shall select a third person, and the three persons so chosen shall value and appraise the property, the price whereof could not be agreed upon as aforesaid, and their award shall be binding upon the parties. Section 6. That the said purchasers may at any time before the maturity of said bonds, and after giving to the commissioners of the sinking fund at least ninety days' notice of their intention so to do, pay off and satisfy the principal of said bonds or of anyone or more of them with interest until so paid, at the prescribed rate, and shall then be entitled to receive back or be relieved from a proportionate amount of additional security hereinbefore provided for; and if at any time any one or more of said bonds or the interest due on the same, be and remain unpaid for the space of ninety days from and after the maturity thereof, and the falliDg due of such interest, then and in that case the Commonwealth shall have full power tore-enter upon and take possession of the property so transferred ; and if the Legislature shall not be in session at the time of such default, the Governor shall have full power to appoint one or more persons to take possession thereof in the name of the Commonwealth, and all payments made, and the certificates of State loans as aforesaid de- posited with the State Treasurer, shall upon re-entry as aforesaid, be forfeited to the Commonwealth, and the governor shall sue out the mortgage, if any be taken, against any other works of the purchasing company, by scire facias in the Supreme Court where- ever sitting, under which all the mortgaged works shall be sold, with the rights and franchises of the company, and conveyed to the purchasers by the Treasurer of the Commonwealth, without charge Penalty for non- payment when due. Sale of works by State for non- payment of pur- chase money. ACTS OF ASSEMBLY AFFECTING THE COMPANY. 67 for poundage, subject to any liens thereon at the time when mort- gaged, which shall remain unaffected thereby. Section 7. That as soon as tbe purchasers shall have made the Je^tobem»d« * by N'i[vtar\ 01 payments and delivered the bonds in number, and for amounts equal Commonwealth, to and falling due at the time provided for the payment of the re- spective instalments, and shall have fully complied with the condi- tions of this act, then the Secretary of the Commonwealth shall transfer, under the great seal of the State, to such purchasers, their successors or assigns, upon such terms and conditions as are men- tioned in this act, the whole main line of public works between Philadelphia and Pittsburgh, consisting of the Philadelphia and Co- lumbia Railroad, the Allegheny Portage Railroad, including the new road to avoid the inclined planes, with the necessary and conve- nient width for the proper use of said railroads, the Eastern Division of the Pennsylvania Canal from Columbia to the Junction, the Juniata Division of the Pennsylvania Canal from the Junction to the eastern terminus of the Allegheny Portage Railroad, and the Western Division of the Pennsylvania Canal from the western terminus of the Allegheny Portage Railroad to Pittsburgh ; and in- cluding also the right, title and interest of the Commonwealth in the bridge over the Susquehanna at Duncan's Island, together with the same interest in the surplus water power of said canals, with the right to purchase and hold such lands as may be necessary to make the same available, and all the reservoirs, machinery, loco- motives, cars, trucks, stationary engines, workshops, tools, water stations, toll houses, offices, stock and materials whatsoever and wheresoever thereunto belonging or held for the use of the same, and together with all the right, title, interest, claim and demands of the Commonwealth of Pennsylvania to all property, real, personal and mixed, belonging to or used in connection with the same by the Commonwealth : Provided, That the purchasers of said main line Proviso, shall take the same and its appurtenances, subject to all contracts subject to all and arrangements heretofore made by act of Assembly or otherwise, upstate!™ * for and in respect to the use of such works, and shall carry out the same with all persons interested therein, in the same manner as the Commonwealth or its agents are now required to do by law. Section 8. That as soon as the purchasers shall have given notice Governor to give i /•!•!• •/>•!! notice. to the governor of their readiness to take possession of said works, he shall cause notice thereof to be given to all superintendents, toll collectors, officers, and agents of the Commonwealth, employed on or about said railroads and canals, who shall continue neverthe- Collectors, Ac, less to discharge the duties of their said offices or employments, (at act. G8 ACTS OF ASSEMBLY AFFECTING THE COMPANY. Bonds extended. Purchasers may enter on lauds, &c. Proviso. Compensation. Powers of purchasers. Proviso. Tolls. Proviso. the expense of the purchasers of said main line,) until removed or re-appointed ; and the official bonds of said officers or agents shall inure to the use of said purchasers, as to all moneys received or acts done by them on account of said works, subsequent to the time ■when said purchasers shall take possession as aforesaid. Section 9. That it shall be lawful for said purchasers, their suc- cessors and assigns, and their officers, engineers, contractors and agents, to enter upon any lands adjoining or in the neighborhood of the works, and dig, take and carry away therefrom, any mate- rials necessary for the enlarging, making, altering, deepening or improving said works, or any portion thereof, or for construct- ing any railroad, canal, bridge, viaduct, dam or other mechanical structure which may be required for the said works, or for making a slackwater navigation, or for improving any works already made : Provided, That compensation shall be made or secured to the owner or owners of any such lands or materials as shall be agreed upon between the parties; or if the said purchasers cannot agree with the owner or owners of such lands or materials, then the value of the same shall be ascertained, according to the provisions of the fourth section of the act entitled " A further supplement to an act to incorporate the Pennsylvania Railroad Company," approved the twenty-seventh of March, one thousand eight hundred and forty- eight. Section 10. That said purchasers, their successors and assigns, shall have power and authority to own and employ locomotive en- gines, cars, boats and horses, and to convey passengers, and freight of whatsoever description, within reasonable time after possession is taken of said works, or any portion thereof, and charge and receive tolls and fare for the passage and transportation of persons and freight ; and baid purchasers, their successors and assigns, shall have exclusive right to furnish all the motive power on said rail- roads : Provided, That all persons with cars, horses, boats and freight may pass over said works, they paying tolls therefor ; and the use of said works shall be governed by such general rules and regulations as said purchasers may from time to time ordain, estab- lish and publish, but no person shall, without the consent of such purchasers, be permitted to use horses, or other animal power on said railroads, or steam on said canals: And provided, That no discrimi- nation in tolls or charges, or in priority in passage through the locks, shall ever be made against any boats or tonnage passing to and from the Susquehanna division of the Pennsylvania Canal : Provided also, That the rate of toll on freight or tonnage passing over the ACTS OF ASSEMBLY AFFECTING TIIE COMPANY. 69 said canal from the junction to Columbia, coming from the north, and "West Branch and Susquehanna canals, shall not at any time be greater than the toll now charged on the said canals, as per toll sheet heretofore published by the canal commissioners for the year one thousand eight hundred and fifty-seven : And provided further, Proriro. ~, , , „ ., ., ,. ... .. . Canal to be kept lhat the purchasers 01 the said main line shall at all times keep open. open the present connection at Columbia and Middletown with the Susquehanna and Tide Water and Union canals, and shall at no time discriminate against the trade or tonnage pas-ing to or from the said canals; neither shall they at any time charge more for boats or other crafts passing the outlet locks at Columbia and Mid- dletown, than is now charged for the passage of boats or similar craft through other outlet locks owned by this Commonwealth. Section 11. That should any company already incorporated by Privileges of J x " purchaser-; be- this Commonwealth become the purchaser of said main line, they ingaeompany incorporated by shall possess, hold and use the same under the provisions of their act this Common- . . . . wealth. of incorporation, and any supplements thereto, modified, however, so as to embrace all the privileges, restrictions and conditions granted by this act in addition thereto; and all provisions in said original act, and any supplements inconsistent with the privileges herein granted shall be and the same are hereby repealed. Section 12. That the entire proceeds of the sale of said main Proceeds of sale to he paid into line shall be paid to the sinking fund, and applied to the payment sinking fund, of the State debt, according to the provisions of the act entitled "An Act to provide for a sinking fund, and to provide for the gradual and certain extinguishment of the debt of the Commonwealth," approved April tenth, one thousand eight hundred and forty-nine." Section 13. That should it be ascertained at any time before Further iegisia- i i 'lii* in ii t ' an to *> e had if the payment or the last instalment provided for, that further legis- required, lation is required for passing to the purchasers, their successors and assigns, all the title and interests of this Commonwealth to the said main line, or any portion thereof, or of the property connected therewith or used thereon, then the faith of the Commonwealth of Pennsylvania is hereby pledged for the enactment of all laws and the performance of all acts necessary to carry out the true intent and meaning of this act. Section 14. That all necessary expenses incurred by the cover- Expenses, how . . ° to be paid. nor under the provisions of this act, shall be paid out of any moneys in the treasury not otherwise appropriated, upon warrants drawn by him. Section 15. That the purchaser of said works shall have a per- rrmiejresmay i • i • p i • i i ^e resumed. petual corporate succession ; and it the said purchaser shall at any 70 ACTS OF ASSEMBLY AFFECTING THE COMPANY. time misuse or abuse any of the privileges granted by this act, the Legislature may revoke all and singular the rights and privileges granted to said company, on a judicial decree of said misuse or abuse being first had and obtained, and thereupon may take for public use the road or roads, canal or canals, so purchased or constructed in pursuance of this act : Provided, That in resuming said franchises, no injury shall be done to the corporators of said company ) and in taking such road or roads, canal or canals, for public use, full compensation shall be made to the stockholders. Expenditures Section 16. That in the event of a sale and delivery of said main sale of line as aforesaid, all further payments on account of the appropria- tions for motive power or other expenses on said main line, as pro- vided in an act to provide for the ordinary expenses of government, the repairs of public canals and railroads, and other general and special appropriations for the year one thousand eight hundred and fifty-seven, shall be supended. Approved May 16/A, 1857. by the State to cease on lino. AN ACT AUTHORIZING THE PENNSYLVANIA RAILROAD COMPANY TO HOLD REAL ESTATE IN LANCASTER COUNTY. Company au- Section 1. That the Pennsylvania Railroad Company be and is chaatfaiid hSd" hereby authorized and empowered to purchase and hold lands not lands in Lanoas- .. ~ • ,1 <• t a ter county not exceeding five acres, in the county oi Lancaster. acres. ' Dg ™ Approved May lGth, 1857. AN ACT TO AUTHORIZE THE PENNSYLVANIA RAILROAD COMPANY TO SUBSCRIBE TO THE CAriTAL STOCK OR ENDORSE THE BONDS OF THE CHARTIERS VALLEY RAILROAD COMPANY. Company au- Section 1. That the Pennsylvania Railroad Company be autho- S cdbe e tocapUai rized to subscribe to the capital stock of the Chartiers Valley Rail- tier^Rauroad road Company, or guarantee the payment of principal and interest Company, or ^^ tbe moi . tgage bon a a of sa ;d Chartiers Valley Railroad Company ACTS OF ASSEMBLY AFFECTING THE COMPANY. 71 rest age to an amount not exceeding five hundred thousand dollars, on such Fn»n»ntce pny- terms and conditions as may be agreed upon between the said com- ''; l1 " , ". 1 "'"' J o r ol mortgage panies : Provided, That the subscription so made shall not beJ""" N,! ,M r i r < ompany, not exempt from taxation by virtue of any provisions contained in the 2S|£»o 8 act approved May sixteenth, one thousand eight hundred and fifty- Proviso. seven / for the sale of the main line of the public works. Approved May 20th, 1857. AN ACT TO AUTHORIZE THE PENNSYLVANIA RAILROAD COMPANY TO SUBSCRIBE TO THE CAPITAL STOCK OF THE HEMPFIELD RAILROAD. Section 1. That the Pennsylvania Railroad Company be au- Company may ^ r • subscribe to thorized to subscribe to the capital stock of the Ilempfield Railroad stock of 'i.mp- * r field Railroad Company, any sum not exceeding one million, on such terms and Company, i ot f . exceeding conditions as may be agreed on between said companies : And pro- $1000,000. vided, That this act shall not be of valid effect until accepted by the stockholders of the Pennsylvania Railroad Company, at a meeting to be called for that purpose, as provided in like cases by the charter of the said Company : Provided , further, That the stock subscribed Proviso. in pursuance of this act shall not be relieved from taxation, by virtue of any provisions contained in the bill passed at the present session of the Legislature for the sale of the main line of the public works. Approved May 20th, 1857. A SUPPLEMENT TO THE ACT REGULATING RAILROADS. Section 1. That no lateral or private railroad leading from any Lateral or pri- . . vate railroads ore mine, coal mine, or limestone or other quarry, now having the from ore mines, ., . , n -iii-ii Ac., not to cros right to cross, at grade, the track 01 any railroad authorized to be any railroad iMi • 1 1 iii-/~i 1 chartered by built by any special charter granted by this Commonwealth, shall this state at 72 ACTS OF ASSEMBLY AFFECTING THE COMPANY. more th.-m two ^g permitted to cross such track of such chartered railroad at more crossings, or L with more than than two crossings, or with more than a double track; and the pro- a double track. c ' * r prietors of any such lateral or private railroad leading from any single mine, opening or tunnel, shall, at the point of crossing such chartered railroad, be confined to a double track; and the company owning such chartered railroad shall have the right, in any case, to enforce compliance with the provisions of this section, by refusing to permit more than a double crossing as aforesaid. Approved Mag 20t7i, 1857. AN ACT TO AUTHORIZE THE APPOINTMENT OF APPRAISERS TO ASSESS AND REPORT THE DAMAGES SUSTAINED BY TRANSPORTERS AND OTHERS BY REASON OF THE SALE OF THE MAIN LINE OF THE PENNSYLVANIA CANAL. TheGovernorto Section 1. That immediately after the passage of this act, the appoint one per- , , . , . , . . , .. . . son and the governor be and is hereby authorized and directed to appoint one Railroad Co. person who is disinterested, and the Pennsylvania Railroad Company one, andthevto , ., . , , . .. . . , , , , appoint a thud, shall appoint another, who shall not be an employee or stockholder ages sustained of said company, and the persons thus selected shall appoint a dual transport- third, whose duty shall be to ascertain, appraise, and assess the line, by reason damages sustained, if any, by the individual transporters on the said line. main line of the public works, or any part thereof, from and after the passage of an act, entitled "An Act for the security of certain transporters on the public works of this Commonwealth," approved Provided the r ) ff Pennsylvania t ue eleventh dav of February, one thousand eight hundred and fifty- Railroad Com- _ J , . . pany to have 5 s j x |jy reason of the sale of the main line : Provided, however, that days' notice of ; J ' ' time and place sa id Pennsylvania Railroad Company shall have notice of the time of appointing •> * ■» appraisers. an d place of appointing said appraisers, by service on the President neglects to ap- or Vice-President of said corporation for five days; and if said cor- to appoint the' poration then should neglect or refuse to appoint an appraiser, in second person, . , , ., . . ■, . . , . andthetwoto that case the governor shall appoint a second person, which two c rd. shall select a third. Duty of the Section 2. That it shall be the duty of the said appraisers im- mediately after their appointment, after having been severally duly sworn or affirmed, to ascertain and assess the amount of damages sustained by the aforesaid individual transporters by reason of the sale of said main line, under the provisions of the above mentioned appraisers. ACTS OF ASSEMBLY AFFECTING THE COMPANY. i 3 act, and report the same, by schedule, designating the different kinds of property upon which damages arc assessed, with the value attached to each particular kind, such transporters byname and the amount of damages awarded them during the present session of the Legislature. Section 3. That the said appraisers shall receive for their ser- Compensation of 14 appraisers. vices, each at the rate of four dollars per day for each and every day they shall be necessarily employed; and the governor is hereby authorized and directed to draw his warrant on the State treasurer for the amount, Provided, the time of such examination shall not exceed ten days. Section 4. That the said appraisers be and they are hereby Appraisers to administer authorized and empowered to administer oaths and affirmations to oaths and affirmations to witnesses in the investigation hereinbefore provided for. witnesses. Approved March 19th, 1858. AN ACT TO AUTHORIZE THE PENNSYLVANIA RAILROAD COMPANY TO MAKE SALES OF CERTAIN REAL ESTATE. Section 1. That hereafter the Pennsylvania Railroad Company Company to J sr j have power to shall have full power and authority to make sale of such real estate sell and convey * J such of its real situated at Powelton, in the city of Philadelphia, or elsewhere, as estate as in the ' « l ' ' opinion of the the said company may at any time hold, or be in any way interested directors is not 1 •> J J j j necessary lor in or entitled to, and which in the opinion of the directors of the the uses and ' r purposes of the said company shall not be necessary for the uses and purposes of ^te^'ttlT) said company, and to assure to the purchasers of the same, by good and effectual title, the premises which shall be sold under the au- authority here- thority of this act: Provided, however, That the authority herein not discharge i i- ii . i i • i an y Hen the contained, shall not be so construed or exercised as to discharge any commonwealth lien that the Commonwealth of Pennsylvania may have on any of such real estate. the real estate sold and conveyed in pursuance of this act. Approved April 1st, 1858. 74 ACTS OF ASSEMBLY AFFECTING THE COMPANY. AN ACT ANNEXING THE COUNTY OF SCHUYLKILL TO THE EASTERN DISTRICT OF THE SUPREME COURT, AND FOR OTHER PUR- POSES. Councils autho- Section 3. That the Select and Common Councils of the City rized to regulate tolls on city of Philadelphia be and they are hereby authorized and empowered railroads. . . Proviso. to pass ordinances to require the owners or agents of cars travel- ing on the railroads in Broad, High, Third, and Dock streets, in the city of Philadelphia, to deliver a certificate of the contents of each car, and the number of passengers contained therein, and of the distance they have been conveyed on said railroads, and to require the owners or agents of such cars to pay toll for the same : Pro- vided, That the toll charged shall be the same toll as may be charged on the Pennsylvania railroad, [and that all distances under half a mile shall be charged as half a mile, and all distances over half a mile and under one mile, shall be charged as one mile.]* Power of mayor, Section 4. That it shall be lawful for the mayor, aldermen and &c, when ordi- nances ure citizens of Philadelphia to provide for the punishment of any per- son or persons who shall refuse or omit to comply with the provi- sions of the ordinances which may be enacted by virtue of this act, by imposing a fine, to be recovered in the same manner as penalties for the violation of the ordinances of the City of Philadelphia are now by law recoverable. Approved August Id, 1842. AN ACT RELATIVE TO THE OBSTRUCTING OF THE CROSSINGS OF PUB- LIC ROADS BY LOCOMOTIVES AND CARS. Penalty foi Section 1. That it shall not be lawful for any railroad company obstructing the , . , , - ,., crossings of to block up the passage of any crossings ot public streets or roads, public streets, . , . with locomo- or obstruct the said crossings with their locomotives or cars : aud tives or cars. . it any engineer or other agent or any such railroad company, shall * Repealed by act of May 13th, 1856, section 41, aute, page CO. ACTS OF ASSEMBLY AFFECTING TIIE COMPANY. 75 obstruct or block up such crossings, be or they shall be subject to a penalty of twenty-five dollars, to bo recovered, with costs, in the name of the Commonwealth of Pennsylvania, before a justice of the peace, one-half of such penalty shall be paid to the informer or in- formers, and the remaining half shall be paid into the treasury of the Commonwealth : Provided, That in tho event of the said enjn- Pmyiso- If engineer l>o ncer or ao-ent being unable to pay the said penalty, then, and in unai.ietopay, ° ° r J r •" ' then the coin- that case, the said railroad company employing the said engineer or pauy is HaMe. agent, shall pay the penalty aforesaid. Approved March 20th, 1845. PENNSYLVANIA GENERAL RAILROAD ACT PENNSYLVANIA GENERAL RAILROAD ACT. 79 AN ACT REGULATING RAILROAD COMPANIES. Section 1. That whenever a special act of the general assembly shall hereafter be passed, authorizing the incorporation of a com- pany for the construction of a railroad within this commonwealth, the commissioners named in such act, or any five of them, shall Commissioners. have power to open books for receiving subscriptions to the capital Subscriptions, stock of such company, at such time or times, and at such place or places as they may deem expedient, after having given at least twenty days' notice, in one or more newspapers, published in the county where books of subscription are to be opened; and at the times and places so designated and named in the public notices to be given, as aforesaid, the said commissioners, or any two of them, shall attend and furnish to all persons duly qualified, who shall offer who may sub- to subscribe, an opportunity of so doing; and it shall be lawful for all such persons, and for all firms and copartnerships, by themselves or by persons duly authorized, to subscribe for shares in said stock; and the said books shall be kept open at least six hours in every day, for the term of three juridical days, or until there shall have been subscribed the whole number of shares authorized by the spe- cial act; and if at the expiration of three days, the books afore- said shall not have the number of shares therein subscribed, the said commissioners may adjourn, from time to time, and to such places as they may deem proper, until the whole number of shares authorized, as aforesaid, shall be subscribed, of which adjournment the commissioners aforesaid shall give such public notice as the occasion may require; and when the whole number of shares shall be subscribed the books shall be closed : Provided always, That no Proviso, subscription for such stock shall be valid unless the party or parties making the same shall, at the time of subscribing, pay to the 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 sub- scribed, 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 gov- 80 PEXXSYLYAXIA GEXERAL RAILROAD ACT. Letters patent, ernor shall, by letters patent, under bis band and seal of tbe com- monwealth, create and constitute tbe subscribers, and if tbe sub- scription be not full at tbe time, tbose who sball tbereafter subscribe to tbe number of sbares aforesaid, tbeir successors and assigns, into incorporate. a body politic and corporate, in deed and in law, by tbe name, style style- and title designated by tbe special act of assembly ; and by tbe said name, style and title, tbe said subscribers sball bave perpetual suc- Prmieges. cession, witb all tbe privileges, franchises and immunities incident to a corporation, and be able to sue and be sued, plead and be im- pleaded, in all courts of record and elsewhere, and to purcbase, re- ceive, bave, bold, use and enjoy to tbem and tbeir successors, goods, cbattels and estate, real and personal, of what kind and nature soever, and tbe same from time to time to sell, exchange, mortgage, grant, alien or otberwise dispose of, and to make dividends of such portion of tbe profits as tbey may deem proper; and also to make and bave a common seal, and the same to alter and renew at pleas- By-laws, ure, 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 cor- poration, and the due ordering and management of the affairs there- Proviso, of: Provided, That nothing herein contained sball be construed as in any way giving to such corporation any banking privileges what- ever, or any other liberties, privileges or franchises but such as may be necessary or convenient to the procuring, owning, making, main- taining, regulating and using their railroad, the locomotives, machinery, cars and other appendages thereof, and the conveyance of passengers, the transportation of goods, merchandise and other Proviso. 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 or constructing of their railroad, or for the furnishing of materials therefor, and for the accommodation of depots, offices, warehouses, machine shops, toll bouses, engine and water stations, and other appropriate appur- tenances, 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, sball, as soon as conveniently may be after the said letters patent shall be obtained, appoint a time and organization, place for the subscribers to meet to organize the company, and shall PENNSYLVANIA GENERAL RAILROAD ACT. 81 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 Officers. 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 and things as are by this act authorized : Provided, that in case of the resigna- Proviso, tion, death or removal of the president, the directors shall, by a majority of votes, supply the vacancy until the next annual election. Section 4. That the stockholders of such compauy shall meet Annual meet- on 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 presi- dent 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 may 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 one tenth in interest, shall call a special meeting, giv- Special meeting ing the like notice, and stating specifically the objects of the meet- ing; and the objects special 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, Elections, how conducted. shall be conducted as follows, to wit : at the first election the com- missioners 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 com- missioners and directors shall not be eligible to an election as a director at said election, and shall respectively take and subscribe 6 82 PENNSYLVANIA GENERAL RAILROAD ACT. 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 elec- tions 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. Powers. Section 6. That the president and directors of such company, for the time being, are hereby authorized and empowered to exer- cise 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 of their business, and when met, seven shall be Quorum. a quorum to do business; the president, if present, shall preside at all meetings of the board, and when absent the board shall appoint a president pro tem.; they shall keep minutes of their proceedings, fairly entered in a suitable book to be kept for that purpose; they shall choose a secretary and treasurer, and may appoint or employ all such officers, engineers, agents, superintendents, artisans, work- men, or other persons, as in their opinions may be necessary or proper in the management of the affairs and business of said corpo- ration, at such times, in such manner, and under such regulations as they may from time to time determine; they shall fix the amount of the salaries and wages of such officers and persons employed by PENNSYLVANIA GENEBAL KAILROAD ACT. S3 them, and they may require bond, with security, in such amounts as they may deem necessary, of each or any of said officers or other persons by them appointed or employed, for the faithful discharge of their duties, and generally to do all such other acts, matters and things as by this act and the by-laws and regulations of the said company they may be authorized to do. Section 7. That the president and directors of such company first chosen, shall procure certificates or evidences of stock for all Certificates of ' r _ . stock. the shares of such compan} T , and shall deliver one or more certifi- cates or evidences, signed by the president, countersigned by the treasurer, and sealed with the common seal of the corporation, to each person or party entitled to receive the same, according to the number of shares by him, her or them respectively subscribed or held, which certificates or evidences of stock shall be transferable at Transferable, the pleasure of the holder, in a suitable book or books to be kept by the company for that purpose, in person or by attorney duly authorized, in the presence of the president or treasurer, subject, however, to all payments due or to become due thereon; and the assignee or party to whom the same shall have been so transferred, shall thereupon be a member of said curporation, and have and enjoy all the immunities, privileges and franchises, and be subject to all the liabilities, conditions and penalties incident thereto, in the same manner as the original subscriber would have been : Provided, That proviso, no certificate shall be transferred so long as the holder thereof is indebted to said company, unless the board of directors shall consent thereto : And provided, That no such transfer of stock shall have the effect of discharging any liabilities or penalties theretofore in- curred by the owner thereof. SectionS. The capital stock of such company shall be divided Capital stock. into shares of fifty dollars each, and shall be called in and paid at shares, such times and places, and in such proportions and instalments, not, instalments, however, exceeding five dollars per share in any period of thirty days, as the directors shall require, of which public notice shall be given for at least two weeks next preceding the time or times appointed for that purpose, in the manner above mentioned ; and if any stockholder shall neglect to pay such proportion or instalment so called for at the time and place appointed, he, she or they shall be liable to pay, in addition to the proportion or instalment so called for, at the rate of one per cent, per month for the delay of such payment ; and if the same and the additional penalty, or any part thereof, shall remain unpaid for the period of six months, he, 84 PENNSYLVANIA GENERAL RAILROAD ACT. Forfeiture. she or they shall, at the discretion of the directors, forfeit to the use of the company all right, title and interest in and to every and all share or shares, on account of which such default in payment may be made as aforesaid, or the directors may, at their option, cause suit to he brought before any competent tribunal, for the recovery of the amount due on such shares, together with the pen- alty of one per cent, per month as aforesaid; and in the event of a forfeiture, the share or shares so forfeited may be disposed of at the discretion of the president and directors, under such rules and regulations as may be prescribed by the by-laws. No stockholder shall be entitled to vote at any election, nor at any general or spe- cial meeting of the company, on whose share or shares any instal- ment or arrearages may be due more than thirty days next preced- Proriso. ing said election or meeting; Provided, That no forfeiture of stock shall release or discharge the owner thereof from any liabili- ties or penalties incurred prior to the time of such forfeiture. Dividends. Section 9. That the dividends of so much of the profits of such company as shall appear advisable to the directors, shall be declared in the months of July and January in each and every year, and be paid to the stockholders or their legal representatives, on application at the ofiice of such company, at any time after the expiration of ten days from the time of declaring the same; but the said dividends shall in no case exceed the amount of the net profits actually acquired by the company, so that the capital stock shall never be impaired thereby; and if the said directors shall make any dividend which shall impair the capital stock of the company, the directors consenting thereto shall be liable, in their individual capacities, to such company, for the amount of the capital stock so divided, recoverable by action of debt as in other cases; and each director present when such dividend shall be de- clared, shall be considered as consenting thereto, unless he forth- with enter his protest on the minutes of the board, and give public notice to the stockholders of the declaring of such dividend. Locate, fix, Section 10. That the president and directors of such company in irk and deter- mine route, &c. shall have power and authority by themselves, their engineers, superintendents, agents, artizans and workmen, to survey, ascertain, locate, fix, mark and determine, such route for a railroad as they may deem expedient, not, however, passing through any burying ground or place of public worship, or any dwelling house in the occupancy of the owner or owners thereof, without his, her, or their consent, and not, except in the neighborhood of deep cuttings, or high embankments; or places selected for sidelings, turn-outs, PENNSYLVANIA GENERAL RAILROAD ACT. 85 depots, engine or water stations, to exceed sixty feet in width, and thereon to lay down, erect, construct and establish a railroad, with one or more tracks, with such branches or lateral roads as may be specially authorized, and with sueh bridges, viaducts, turn-outs, Biddings, or other devices as they may deem necessary or useful between the points named in the special act incorporating such company, commencing at or within, and extending to or into any town, city or village, named as the place of beginning or terminus of such road ; and in like manner, by themselves, or other persons by them appointed or employed as aforesaid, to enter upon and into, and occupy all land on which the said railroad or depots, warehouses, offices, toll houses, engines and water stations, other buildings or appurtenances hereinbefore mentioned may be located, or which may be necessary or convenient for the erection of the same, or for any purpose necessary or useful in the construction, maintenance or repairs of said railroad, and therein and thereon to dig, excavate and embank, make, grade, and lay down and con- struct the same; and it shall in like manner be lawful for such company, their officers, agents, engineers, contractors or workmen, with their implements and beasts of draught or burden, to enter upon any lands adjoining or in the neighborhood of their railroads so to be constructed, and to quarry, dig, cut, take and carry away therefrom, any stone, gravel, clay, sand, earth, wood, or other suitable material necessary or proper for the construction of any bridges, viaduct or other building, which may be required for the use, maintenance or repairs of said railroad : Provided, That Proviso, before such company shall enter upon or take possession of any such lands or materials, they shall make ample compensation to the owner or owners thereof, or tender adequate security therefor : Provided further, That the timber used in the construction or Proviso. repair of said railroad, shall be obtained from the owner thereof, only by agreement or purchase : And provided further, That Proviso, whenever any company shall locate its road in and upon any street or alley, in any city or borough, ample compensation shall be made to the owners of lots fronting upon such street or alley, for any damages they may sustain, by reason of any excavation or embank- ment made in the construction of such road, to be ascertained as other damages are authorized to be ascertained by this act. Section 11. That when the said company cannot agree with the Damages, how owner or owners of any lands or materials, for the compensation adjusted. 6 proper for the damage done or likely to be done to, or sustained by 86 PENNSYLVANIA GENEEAL RAILROAD ACT. any such owner or owners of such lands or materials, which such company may enter upon, use or take away, in pursuance of the authority hereinbefore given, or by reason of the absence or legal incapacity of any such owner or owners, no such compensation can be agreed upon, the Court of Common Pleas of the proper county, on application thereto by petition, either by said company or owner or owners, or any one in behalf of either, shall appoint seven dis- creet and disinterested freeholders of said county, neither of whom shall be residents or owners of property upon or adjoining the line of such railroad, and appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers to meet at or upon the premises where the damages are alleged to be sustained, of which time and place ten days' notice shall be given by the petitioner to the said viewers and the other party; and the said viewers or any five of them, having been first duly sworn or affirmed, faithfully, justly and impartially to decide, and true report to make concerning all matters and things to be submitted to them, and in relation to which they are authorized «to inquire in pursuance of the provisions of this act, and having viewed the premises, they shall estimate and determine the quantity, quality and value of said lands so taken or occupied, or to be so taken or occupied, or the materials so used or taken away, as the case may be, and having a due regard to and making just allowance for the advantages which may have resulted, or which may seem likely to result to the owner or owners of said land or materials, in consequence of the making or opening of said railroad, and of the construction of works connected there- with; and after having made a fair and just comparison of said advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damages has been or may be 'sustained, and to whom payable, and make report thereof to the said court; and if any damages be awarded, and the report be con- firmed by the said court, judgment shall be entered thereon ; and if the amount thereof be not paid within thirty days after the entry of such judgment, execution may then issue thereon as in other cases of debt, for the sum so awarded, and the costs and expenses incurred shall be defrayed by the said railroad company; and each of said viewers shall be entitled to one dollar and fifty cents per day for every day necessarily employed in the performance of the duties herein prescribed, to be paid by such railroad company. Section 12. That whenever, in the construction of such road or roads, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the president and directors of the PENNSYLVANIA GENERAL RAILROAD ACT. 87 said company, so to construct the said road across such established road or way, as not to impede the passage or transportation of persons or property along the same; and that, for the accommoda- tion of all persons owning or possessing land through which the said railroad may pass, it shall be the duty of such company to make or cause to be made, a good and sufficient causeway or cause- Causeways. ways, whenever the same may be necessary to enable the occupant or occupants of said lands to cross or pass over the same, with wagons, carts and implements of husbandry, as occasion may require ; and the said causeway or causeways, when so made, shall be maintained and kept in good repair by such company; and if the To be kept in said company shall neglect or refuse, on request, to make such causeway or causeways, or when made, to keep the same in good order, the said company shall be liable to pay any person aggrieved thereby, all damages sustained by such person in consequence of such neglect or refusal ; such damages to be assessed and ascer- tained in the same manner as provided in the last section for the assessment of damages : Provided, That the said company shall, Proviso, in no case, be required to make or cause to be made, more than one causeway through each plantation or lot of land, for the accom- modation of any one person owning or possessing land through which the said railroad may pass; and where any public road shall cross such railroad, the person owning or possessiug land through which the said public road may pass, shall not be entitled to require the company to erect or keep in repair any causeway or bridge for the accommodation of the occupant of said land. Section 13. That if any such railroad company shall find it necessary to change the site of any portion of any turnpike or change of loca- tion, public road, they shall cause the same to be so re-constructed forth- with, at their own proper expense, on the most favorable location, and in as perfect a manner as the original road : Provided, That Proviso, the damages incurred in changing the location of any road autho- rized by this section, shall be ascertained and paid by such company, in the same manner as is provided for in regard to the location and construction of their own road. Section 14. That in all suits or actions against such company, the service of process on the president, secretary, treasurer, engineer, ?r ob- to unload any car or other vehicle on said railroad, or drive any cart, road, wagon or other vehicle, except railroad cars, along said road, or occupy the same, or obstruct in any manner the traveling of cars thereon, or allow any car or cars not in actual service to remain on any part of said road, under the penalty of five dollars for each offence, to be recovered in manner as hereinbefore mentioned. * Chief Commissioner of Highways, 94 ORDINANCES OF THE CITY OF PHILADELPHIA. Cars to be regis- Section 5. That it shall not be lawful for any person or persons tered and num- , , . . . , , , bered. to use any car or cars or other vehicles upon said road, or upon the railroad in Broad street, designed or employed for the conveyance of passengers, without having the owners' or agents' names thereof first registered in the office of the city commissioners, and a num- ber assigned to each car or vehicle, and the number so assigned to be legibly affixed on each side of the body of the car or vehicle, under a penalty of five dollars for each offence, to be recovered in manner as hereinbefore mentioned. Bells to be at- Section 6. That it shall be the duty of the owners or agents of undJrapeuaity! cars or other vehicles, to have attached to the horses or other ani- mals, while drawing cars upon said road, and also upon the said railroad in Broad street, a suitable bell or bells, under a penalty of five dollars for each offence, to be recovered as hereinbefore men- tioned. Regulating the Section 7. That it shall be the duty of the [city commission- ing. ers j] under the direction of the committee on public highways, to regulate the time not otherwise provided for, for traveling the rail- road along Third and High streets, from Bock to Eighth street; such regulations shall be published by the president of the Board of city commissioners, in at least two daily papers published in the city of Philadelphia, immediately after they shall have been made, or whenever after they may be altered, and any violation of any such regulation shall subject the offender to a penalty of five dollars for each offence, to be recovered as hereinbefore mentioned. Passed January 11/7*, 1838. A SUPPLEMENT TO AN ORDINANCE PROVIDING FOR A SUPERINTENDENT OF THE RAILROAD ALONG HIGH, THIRD AND DOCK STREETS, AND REGULATING THE TRAVEL THEREON. Section 1. That every car or other vehicle used on said road hawn^ami'bv SDa ^ be drawn by animal power, at a rate not exceeding a walk, what power. under a penalty of five dollars for each offence; and at no time shall they be drawn or propelled by steam, under a penalty of fifty dollars for each offence; said penalties to be sued for and recovered in the same manner as debts under one hundred dollars are by law reco- verable. Passed March 1st, 1838. At what rate cars are t\ for T io " e o > r J ' lation thereof. and if passage over the said bridge is refused for want of said per- mit, then if the said car shall hinder or obstruct the passage of other cars over the said bridge, or on the said railroad in High street west of Broad, the owner or owners, agent or agents, or per- son having charge of such car, shall forfeit and pay the sum of five dollars, the said penalties to be sued for and recovered in the man- ner that penalties for violation of ordinances are by law sued for and recoverable. Passed January lQtJi, 1851. * Altered by Act of March. 13, 1856, sec. 41, ante, page GO. 7 93 ORDINANCES OF THE CITY OF PHILADELPHIA. AN ORDINANCE TO PROVIDE FOR THE REGULATION OF TURN-OUTS FROM THE CITY RAILROAD. Committee on Sect. 1. That the committee on public highways be and tbey public highways _ # c J J to authorize aii are hereby authorized to grant permission to persons or companies turn-outs on city J . railroads. owning or occupying property situated upon the street through ■which the railroads belonging to the city are laid, to attach turn- outs or bolting-tracks thereto, said turn-outs or bolting tracks to be laid in such manner as to conform to the established heighths and levels of the streets in which they may be placed ; and such per- mission shall be in writing and shall be subject to the provisions of this and all other ordinances relating to the railroad in the city of Philadelphia. To establish Sect. 2. That it shall be lawful for the committee on public regulations. . . . highways, from time to time, to make, establish and put in force, such rules, regulations and restrictions, in relation to such turn-outs or bolting-tracks, their construction and materials, and the repair- in^ thereof, as to the said committee shall seem fit and proper; and no turn-out, bolting-track, or other fixture shall be attached to the said railroad, or laid over or on any street, or be considered as re- paired, unless the same shall conform in every particular to the rules and regulations so adopted. To be repaired Sect. 3. That all such turn-outs, bolting-tracks or other fix- of Buperinten- tures, shall be laid or repaired under the direction and inspection of dent of city rail- . ., . - ._ road. the superintendent of the city railroad ; and it any person or per- sons shall construct, lay down or repair any turn-out, bolting-track or other fixture, contrary to the provisions of this ordinance, or of any regulation adopted by the committee on public highways, the person or persons so offending shall forfeit and pay the sum of twenty dollars, to be sued for and recovered in the manner that penalties for the breach of ordinances are by law recoverable, and in addition thereto, such turn-out, bolting-track or other fixture shall be forthwith removed. Penalty for Sect. 4. That if any turn-out, bolting-track, switch, turning- neglect to re- i'ii pair. platform or other fixture, shall be out of order and repair, and the owner or person having charge thereof, shall refuse or neglect to repair or put the same in good order, after five days' notice from the superintendent of the city railroad, the same shall be taken up and ORDINANCES OF TIIE CITY OF PHILADELPHIA. 99 removed, under the direction of the committee on public highways, and the owner or person having charge of such turn-out, bolting- track, switch, turning-platform or other fixture, shall also forfeit and pay the sum of twenty dollars, to be sued for and recovered in the manner that penalties for the breach of ordinances are by law reco- verable ; Provided, that the turn-out, bolting-track, switch, turning- Proviso, platform, or fixture, after being removed, shall not be replaced unless by permission of the committee on public highways, nor until all the expenses of such removal shall first be paid. Sect. 5. That the person or persons to whom permission shall Ten dollars to be granted to attach any turn-out, bolting-track, or other fixture to privilege. the city railroad, as is herein provided, shall, before receiving the same, pay to [City Clerk,]* for the use of the city, the sum of ten dollars. Sect. 6. That so much of any ordinance as is inconsistent here- Repealing with be and the same is hereby repealed. Passed April 2ith, 1851. AN ORDINANCE TO REGULATE THE PASSAGE OF CARS OVER THE RAILROADS IN THE CITY OF PHILADELPHIA. Sect. 1. That all cars or trains of cars passing along the rail- passage of cars road in the city of Philadelphia, or along the railroad on the bridge road in city at the end of High street, over the river Schuylkill, shall be drawn regl as herein set forth, namely : Every single loaded car, resting on a truck, having four wheels and no more, shall be drawn by at least one horse or two mules. Every train of loaded cars resting upon trucks, having in the whole eight wheels, and no more, by at least three horses or three mules. Every train of loaded cars resting upon trucks, having in the whole twelve wheels, and no more, by at least three horses or four mules. •Chief Commissioner of Highways. 100 ORDINANCES OF THE CITY OF PHILADELPHIA. Every train of loaded cars, resting upon trucks having in the whole sixteen wheels, and no more, by at least four horses or six mules. Every train of loaded cars, resting upon trucks having in the whole twenty wheels, and no more, by at least five horses or seven mules. Every two trucks of eight wheels each, carrying section-boats, loaded or unloaded, by five horses or seven mules. Every train of empty cars, resting upon trucks having twelve wheels, and no more, shall be drawn by at least two horses or three mules. Every train of empty cars, resting upon trucks having twenty- four wheels, and no more, by three horses or five mules. Every train of empty cars, resting upon trucks having thirty-two wheels, and no more, by four horses or six mules. Every train of empty cars, resting upon trucks having forty wheels, and no more, by five horses or seven mules. Penalty. Section 2. That if any car or train of cars, or trucks carrying section boats, shall be drawn on said railroads with a less number of horses or mules than is hereinbefore mentioned, the owner or owners, agent or agents, of every such car or truck, and the owner or owners, driver or drivers of such horses or mules, shall each be liable to forfeit and pay the sum of five dollars for each offence, which shall be sued for and recovered, in the manner that penalties for the violation of ordinances are by law sued for and recovered. Passed February Qth, 1852. A RESOLUTION AUTHORIZING THE PENNSYLVANIA RAILROAD COMPANY TO RE- PAIR AND RELAY THE TRACK OF THE CITY RAILROAD, EAST OF EIGHTH STREET. Co may repair Resolved, That the Pennsylvania Eailroad Company be and they such parts of ' « * ^ ^ €it 't ^ Eihth* are nereD y authorized to repair and relay such parts of the track of he re* uired^ tm3 city railroad, east of Eighth street, as may be required: Pro- Proviso vided, The whole cost and expense of the same shall be deducted from the tolls accruing on said road, from sail Pennsylvania Railroad Proviso Company, up to July first, eighteen hundred and fifty-seven, agree- ORDINANCES OF THE CITY OF PHILADELPHIA, 101 ably to their proposition: Provided, That the city of Philadelphia proviso, shall not, in any event, be liable for any debt incurred for such repairs : Provided, That the relaying of the track and the repairs, shall be such as in the judgment of the Chief Engineer and Surveyor of the city shall be necessary, and that the same shall be done under his supervision. Adopted January od, 185G. A RESOLUTION AUTHORIZING THE MAYOR TO VOTE IN FAVOR OF APPROVAL OF THE PURCHASE OF THE MAIN LINE. Resolved, That the Mayor of the city be and he is hereby autho- Mayor autho- ii' i ii i • •/>! i rized to vote rized and requested to attend the approaching meeting of the stock- for purchase of holders of the Pennsylvania Railroad Company, and vote upon the shares of stock in said company, held by the city ; to ratify and approve the purchase by the said company, of the main line of the public works of the State. Approved July 3d, 1857. main line. AN ORDINANCE TO AUTHORIZE THE WIDENING OF THE SPACE BETWEEN THE TRACKS IN THE CITY RAILROAD. Section 1. That the Pennsylvania Railroad Company be and Company may ,., -11 i in wil ^ en space he- is hereby authorized to widen the space between the tracks of tween tracks of the city railroad, on Market street, east of Broad street, and at Market street, • » -r, ■. . to conform to such points west ot broad street, as may be necessary to make their track, on i i . , t-> certain terms. the same conform to the space between the tracks of the said Penn- sylvania Railroad; and that said company be allowed to withhold in payment of their tolls, one-half the cost of said alteration, or a sum equal to one-half: Provided, That the said alterations and Proviso, repairs shall be made according to the plan, and agreeably to the directions of the Chief Engineer and Surveyor of Philadelphia. Approved December 21d, 1857. ORDINANCES CITY OF PITTSBURGH AN ORDINANCE GRANTING CERTAIN PRIVILEGES TO THE PENNSYLVANIA RAIL- ROAD COMPANY. Preamble. Whereas, A convention of the citizens of Allegheny county, assembled on the 81st day of May, 1848, upon the call of the com- missioners of said county, to advise with them on the propriety of subscribing to stock in the Pennsylvania Railroad Company : and whereas, The said convention did advise the said commissioners to subscribe for twenty thousand shares of said railroad stock : And whereas, The said county convention did advise the said county com- missioners to impose a condition to said subscription, to wit : That the said company shall finally establish the terminus of their road within the limits of the city of Pittsburgh. Therefore, Fully acqui- escing in the views of the convention as to the importance to the trade and prosperity of the city of Pittsburgh, that the terminus of said road should be located within its limits and at a point conve- nient for its shipping interests, and that every facility ought to be given to said company in the location and access to their depot, not only as it regards the convenient use of said road to the commercial and manufacturing interests, but in view of the fact that the city of Pittsburgh has become, by the act of the county commissioners, a partner and interested in the success and profit to be derived there- from : TJierefore, Privilege to lay] Section 1. That the right is hereby granted to the Pennsylvania through certain Railroad Company to enter and lay down rails through the streets of said city, to wit : along Ferguson street to a convenient point, to curve into Liberty street, thence down Liberty street to the river, ORDINANCES OF THE CITY OF PITTSBURf.'If. 103 and that the said company shall have the privilege to traverse said Carsandma- 1 ° chinery may streets with their cars and machinery : Provided, That after passing pass- the curve aforesaid it shall not be competent for said company to exceed at any time a speed of four miles an hour, under such penal- Noi I «*ed J * x four miles an ties as may hereafter be ordained and enacted by couueils : Pro- hour. vided, also, That the said company shall at all times hereafter be „ eni . . ' l J Company to be subject to such rules and regulations as may be found necessary for Mll,i "' u '"". r •' ° •> J tain regulations. the further protection and security of the persons and property of the citizens of said city. Section 2. That for the construction of a depot to accommodate Groundforade- i i p i p ti- ii i p • i -l t l" j| "''anted. the trade of the city ot Pittsburgh, upon and from said railroad, that there be granted, and the said authorities do hereby grant to the Pennsylvania Railroad Company, for so long as the said depot may be required by the said Pennsylvania Railroad Company, the use of sufficient ground on the levee or water front of the city, upon which the said company may construct the necessary buildings, Company may , . . ., ]. construct build- beginning at the point opposite the corner of Liberty street, extending ings. at right angles with Water street, thence to low water mark, and thence to the Allegheny river, at a rent of S3, 000 per annum, or in Rent $3,000 per . -ii annum. the same proportion for any less quantity that the company may occupy and use, the rent to begin to accrue at and from the occu- when rent to pation of the building : Provided, That the said company shall cause Water street to be laid out at least sixty feet in width from water street to the north side of said depot, and that the river side and ends of said width. depot shall be founded on piers, so that free access to said levee shall at all times be unobstructed by foundation wails, and kept open for public use, and that the right to have a passage at least Passage of thir- . ... . ty feet opposite thirty feet in width opposite Penn street, through and by which car- Penn street, riages, wagons, drays and other vehicles may have free access be- tween said Penn street and the river, shall be reserved : Provided, also, That the occupancy of said ground by said company shall not interfere with the right of the officers of said city to collect wharfage Wharfage to be coll{*ct('(l by citv on said levee, as though such depot had not been erected thereon : officers. Provided, also, That the said company shall not at any time here- company not to .be forwarding. after, either by themselves or their agents, engage in the business of forwarding merchants. Section 3. That so much of any ordinance as is hereby altered Repealing or supplied, be and the same is hereby repealed. Ordained and enacted into a law in Councils this 15th day of June, A. D. 1848. Recorded July 10th, A. D. 1848, in Book A., p 40G. 104 ORDINANCES OF THE CITY OF PITTSBURGH. AN ORDINANCE SUPPLEMENTARY TO " AN ORDINANCE GRANTING CERTAIN PRI- VILEGES TO THE PENNSYLVANIA RAILROAD COMPANY," PASSED 15TH DAY OF JUNE, A. D. 1848. Penna. r, R. Whereas, It has been discovered tbat an omission was made in transcribing tbe ordinance entitled "An ordinance granting certain privileges to tbe Pennsylvania Railroad Company," as recorded ; therefore, Be it ordained, &c. : instructions to Section 1. That tbe Clerks of Councils be, and tbey are bereby nance correctly, authorized and instructed, to bave an ordinance entitled " An ordi- nance granting certain privileges to tbe Pennsylvania Railroad Com- pany," passed tbe 16th day of June, A. D. 1848, correctly recorded, so that the latter clause of the second section may read as follows : " At a rent of three thousand dollars ($3,000) per annum for nine hundred feet, (900 feet) or in the same proportion for less quantity that the company may use." Ordained and enacted into a law in Councils this 5th day of January, A. D. 1849. Recorded January 24th, A. D. 1849, in Book A., p. 427. AN ORDINANCE GRANTING CERTAIN TEMPORARY PRIVILEGES TO THE PENN- SYLVANIA RAILROAD COMPANY. The privilege of Section 1. That the right is hereby granted to tbe Pennsylvania west^treSfand Railroad Company to enter on and lay down a track of rails through !'i to Pa! ilk!*" West street, from Liberty street to tbe Monongahela wharf, and from West street along said wharf to the western line of Ferry street; the said track not to be laid on Water street except where it enters from that street. Permission Section 2. Said company are hereby authorized to erect on said ijJco. to erect ' wharf a frame shed or building, which may extend from West street hJon e the ild " t0 the western line of Ferry street, and from Water street (GO feet wharf; - n w i ( j tn ^ t0 i ow wa ter mark; which shed is to be used for the ORDINANCES OF THE CITY OF PITTSBURGH. 105 reception and discharge of freight by steamboat or railroad, or other conveyances. Provided, That said company shall not engage in Proviso, the forwarding business, and the privileges hereby granted shall not extend for a longer period than two yews from the date of the pas- sage of this ordinance. Section 8. Said company, for the privileges hereby granted, Conditions, shall pay or cause to be paid into the treasury of the city, semi- annually, at the rate of three thousand dollars per annum, for 900 feet in length, (measured on the line of Water street,) or in the same proportion for any number of feet that the company may occupy within the prescribed limits, the rent to begin to accrue at and from the time of commencing the erection of the shed, and to terminate when all obstructions shall be removed from off said portions of the wharf; and the Pennsylvania Railroad Company are to leave West street, Water street, and the Monongahela wharf in as good repair as at the passage of this ordinance. Section 4. Said shed or building shall be exempt from the pen- Building to be i,« i •• /., -i. , • r imt exempt from alties and provisions of the ordinances relating to frame buildings, the usnai penal- The right of the city to collect wharfage in front of said shed or sions. building shall not be impaired by anything herein contained. Ordained and enacted into a law in Councils this 8th day of September, A. D. 1852. AN ORDINANCE FOR VACATING PARTS OF EIGHTH STREET AND PLUMB ALLEY, AND SURRENDERING THE SAME TO THE PENNSYLVANIA RAIL- ROAD COMPANY. Section 1. That one hundred feet of Eighth street, and one Parts of Eighth hundred feet of Plumb alley, running from Grant street, be vacated aiicy surren- and surrendered to the Pennsylvania Railroad Company on the Bylvania Rail- following conditions : 1st. That the same shall be used and occupied for the purposes of an inner passenger depot and station, and not otherwise. 2d. That the said railroad company will take down and remove all the present buildings on the triangular lot, No. — ; and will not 106 ORDINANCES OF THE CITY OF PITTSBURGH. erect any house thereon, and surrender to the city the control of the same. out" ail"y. t0 lay 3d< Tbat tlie saicl com P an y will lay out, on their own ground, an alley twenty feet wide, extending from Seventh to Eighth street, which shall be used by the public, except upon the arrival or departure of railroad cars, when it may be necessary temporarily to close the same for the purpose of avoiding any hindrance and inter- ruption to their business. Ordained and enacted into a law in Councils this 27th day of September, A. D. 1852. AN ORDINANCE RELATIVE TO THE VACATION OF CERTAIN STREETS IN THE NINTH WARD. Preamble. Whereas, By the third section of an act of assembly passed the 23d clay of April, A. D. 1852, entitled " A further supplement to an act to incorporate the Pennsylvania Railroad Company, Eighth street and Plumb alley, in the city of Pittsburgh, and all other streets extending through the property of said company, are vacated, and the title thereto vested in the said company ; Provided, The Councils of said city give their assent thereto. And whereas, the Pennsylvania Ptailroad Company has applied for the assent of the Councils to the vacation of certain streets in the Ninth Ward of said city, extending through the depot or ground of said company ; Be it ordained and enacted by the Select and Common Councils of the city of Pittsburgh, and it is hereby enacted by the authority of vacation of cer- the same, That the assent of the Councils be and it is hereby given tain streets. to ^ vacat i on f s0 much of Carroll, Wilkins, Baldwin, Morris and Bush streets, and Sassafras alley, as extend through the grounds, or is held or used by said company, and so much of Furguson street as lies between a point on said street 550 feet east from the eastern line of Lumber street and Morton street, so long as the Pennsylva- nia Bailroad Company use the same for railroad purposes; Pro- Proviso vided, That no injury shall be done to the interests of the Western Pennsylvania Hospital; and provided, that the said company shall, at its own cost, when the public convenience may require it, at the ORDINANCES OF THE CITY OF PITTSBURGH. 107 request and under the direction of Councils, cause to be laid out and graded along the south line of the southern track of said railroad, and parallel to and adjoining therewith, a space or street of forty feet in width, extending the length of that part of Furguson street vacated and connecting therewith. Ordained and enacted into a law in Councils this twenty- eighth day of July, A. D. 1853. Recorded August 16, 1853, in Ordinance Book, vol. 2, p. 16. M ORDINANCE TO PROVIDE FOR THE REGULATION OF TURN-OUTS, SWITCHES, &c, FROM ANY RAILROAD WITHIN THE LIMITS OF THE CITY. Section 1. Be it ordained and enacted by the citizens of Pitts- burgh, in Select and Common Councils assembled, That from and after the passage of this ordinance, the Mayor of the city of Pitts- burgh, in connection with and with the consent of the Committee Permission to ° ' build switches, on Streets, be and he is hereby authorized to grant a license or per- &<= , granted, mission to any person or persons, company or companies, owning or occupying property situated upon the streets or alleys through which any railroads, entering or passing through the city, may be laid, to attach turn-outs, bolting tracks, or switches to the main tracks thereof; the consent of the railroad company being first ob- tained ; said turn-outs, bolting tracks or switches to be laid down in such manner as to conform to the established heights and level of the streets or alleys in which they may be placed; and such licenses or permission shall be in writing, and shall be subject to the provisions of this and other ordinances relating to railroads, turn-outs, or other fixtures in the city of Pittsburgh, which have or may hereafter be enacted; Provided such liceense or permission proviso, shall not be granted for a longer term than one year, and that no license or permission shall be granted for a less period than six months; And provided further, That no turn-out, bolting track, switch or other fixtures shall be permitted to extend beyond the property owned or occupied by the person or persons, company or companies, applying therefor, and situated and fronting on the line 108 ORDINANCES OF THE CITY OF PITTSBURGH. of the street or alley on which the railroad is constructed, with which said turn- out, bolting track, switch or other fixture is to con- nect; And provided also, That this ordinance shall not be construed to conflict in any manner with the right of any railroad company to regulate and control any turn-out, bolting track, switch, or other fixture which may be constructed or laid down in pursuance of this ordinance. Section 2. That it shall and may be lawful for the Committee on Streets, from time to time, to establish and put in force such • Duty of street rules, regulations and restrictions in relation to such turn-outs, bolt- ing tracks or switches, their construction and materials, and the re- pairing thereof, as to the said committee shall seem fit and proper, and no turn-out, bolting track, switch or other fixture shall be attached to the said railroads, or laid over, on any street or alley, or be considered as repaired, unless the same shall conform in every particular to the rules and regulatious so adopted. Section 3. That all such turn-outs, bolting tracks, switches or other fixtures shall be laid down or repaired under the direction of said Committee on Streets, together with the Street Commissioner of the district in which the same is situated, and if any person or persons, company or companies shall construct, lay down or repair any turn-outs, bolting tracks, switch or other fixture contrary to the provisions of this ordinance or of any ordinance relative thereto, which may be hereafter enacted, or of any regulation adopted by the Committee on Streets, the person or persons, company or companies Penalty. so offending shall forfeit and pay the sum of seventy-five dollars, to be sued for and recovered in the manner that penalties for the breach of ordinances are by law recoverable, and in addition thereto, such turn-out, bolting track, switch or other fixture shall be forthwith removed. Section 4. That if any turn-out, bolting track, switch, turning platform, or other fixture shall be out of order and repair, and the owner or person having charge thereof shall refuse or neglect to repair, or put the same in good order, after five days' notice from the Street Commissioner of the district, the same shall be taken up and removed under the direction of the Committee on Streets together with the Street Commissioner of the district, and the owner or person having charge of such turn-out, bolting track, switch, turn- ing platform or other fixture, shall also forfeit and pay the sum of Penalty. twenty-five dollars, and all necessary repairs and expenses incident to removal, to be sued for and recovered in the manner that penal- ties for the breach of city ordinances arc by law recoverable. Pro- ORDINANCES OF THE CITY OF PITTSBURGH. 100 videtl, That the turn-out, bolting track, switch, turning platform or Proviso. fixture after being so removed, shall not be replaced unless by per- mission or license of the Mayor of the city and Committee on streets, nor until all the expenses of such removal shall first be paid. Section 5. That the person or persons, company or companies to whom license or permission may be granted to attach any turn- out, bolting track, or any other fixture to any railroad within the limits of the city, as hereinbefore provided, shall before obtaining the same pay to the Mayor, for the use of the city, such tax, rent, License, or assessment as may be agreed upon by the Mayor "and Committee on Streets : Provided, That the same be not less than twenty-five, nor more than two hundred dollars. Section 6. That it shall not be lawful for any person or persons, company or companies, to obstruct any street or alley in the city by loading or unloading, placing, keeping, or cause to be placed or kept any car or other vehicle on any part of any turn-out, bolting track or switch, which may be laid down or constructed in pursu- ance of this ordinance, or any ordinance relative thereto which may hereafter be passed ; but all cars or other vehicles must be loaded or unloaded, placed, kept, or caused to be placed or kept on the ground owned or occupied by the person or persons having the license or permission to lay down such turn-out, bolting track, switch or other fixture. Any person or persons, company or com- panies, violating the provisions of this section of this ordinance, shall be liable to the penalty of five dollars for every such viola- Penalty, tion, to be recovered in the manner hereinbefore mentioned. Section 7. That in all cases where turn-outs, bolting tracks, or other fixtures attached to or connected with the main track of the Pennsylvania Railroad within the limits of this city having been constructed by private individuals prior to the passage of this ordi- nance, it shall be the duty of the Street Commissioner of the proper district to notify the person or persons owning or using the same, to take out a license or permission therefor, and in case the person or persons owning or using such turn-out, bolting track, switch or other fixture, shall neglect or refuse to take out such license or permission within ten days from the time of receiving such notice, he or they so neglecting or refusing shall be liable to a penalty of seventy-five Penalty, dollars, to be recovered in the manner hereinbefore mentioned; and in addition thereto, such turn-out, bolting track, or other fixture, shall be forthwith taken up and removed under the direction of the Committee on Streets together with the Street Commissioner of 110 ORDINANCES OF THE CITY OF PITTSBURGH. the proper district, and no license or permission shall be granted to replace the same until all the expenses of such removal are first paid. Ordained and enacted into a law in Councils this seventeenth day of September, A. D. 1853. Recorded September 28, 1853, in Ordinance Book, vol. 2, p. 17. AN ORDINANCE RELATING TO CERTAIN STREETS IN THE NINTH WARD. Preamble. Whereas, The interests of the Western Pennsylvania Hospital have sustained a serious injury from the obstructions occasioned by the stoppage of the locomotives and cars belonging to the Pennsyl- vania Railroad, on Ferguson street, at the intersection of Morton street; and Preamble. Whereas, Public convenience requires that the Pennsylvania Railroad Company should forthwith proceed to lay out and grade the street parallel with Ferguson street, provided for in the ordi- nance of 28th July, 1853, relative to the vacation of certain streets in the Ninth Ward of this city : Therefore, Section 1. Be it ordained and enacted by the Select and Com- R. r. Co. not to mon Councils of the City of Pittsburgh, That from and after the obstruct Kergu- . -in i -i /• 1 j> • i t^ i son street. passage of this ordinance, it shall not be lawtul tor said Pennsyl- vania Railroad Company, or its officers, agents, or employees, to obstruct the passage across Ferguson street, at its intersection with Morton street, by the stoppage or detention of any locomotive, ten- der, or car on such portion of Ferguson street aforesaid, as lies between the eastern and western lines of Morton street. Section 2. Be it ordained, &c, That the said Pennsylvania Rail- road Company be, and they are hereby requested to lay out and grade along the south line of the southern track of said railroad, and parallel to, and adjoining therewith, a street of forty feet in R. R. Co to ex-, width, extending the length of that part of Ferguson street, pro- Btreet. ergUb0n visionally vacated by the said ordinance of the 28th July, 1858; and the said company is hereby directed to have the said street laid out and opened within six months after the passage of this ordi- ORDINANCES OF THE CITY OF FITTSBURGn. Ill nance, under the supervision of the Street Regulator and Committee on Streets. Section 3. Be it ordained, c£r., That, in case the said Pennsyl- vania Railroad Company shall refuse or neglect to comply with the Penalty of provisions of this ordinance, according to the true intent and mean- ing thereof, such failure or neglect shall be considered as a viola- tion on the part of said company of the provisions of said ordinance of 28th July, 1853, and shall subject the said company to a for- feiture of all the rights and privileges granted by said ordinance, Ordained and enacted into a law in Councils this 7th day of February, A. D. 1854. Recorded March Cth, A. D. 1854. AN ORDINANCE RELATIVE TO THE VACATION OF BELL'S ALLEY. Section 1. That "Bell's Alley," from Liberty street to Exchange Ben's AHey to alley, be and the same is hereby vacated, and the use of the ground the use of R. R. occupied by the same be and is hereby granted to the Pennsylvania mpany ' Railroad : Provided, said company pay the city for said property, at the same rate they have paid for adjoining property, to wit : S150 per foot front : Provided, That whenever the said ground shall cease to be used for the purpose of a depot, the same shall revert to the city. That the said company shall be allowed to construct, not to exceed three curves from their track on Liberty street, at any convenient point or points, into any part of either of their depots: Provided, That the street and pavement be not obstructed, and the work be done under the supervision of the Street Committee, with stone, in a permanent manner. Section 2. That all curves, sidines or switches, now or hereafter Construction of ' ° ' sidings. &c constructed by companies or individuals, brought into depot, ware- house, or any other place from the main track, shall be constructed in a substantial and permanent manner with stone, so as not to obstruct the street or pavement, under the supervision of the Street Committee. Ordained and enacted into a law in Councils this 9th day of May, A. D. 1854. Recorded June 8th, A. D. 1854. 112 ORDINANCES OF THE CITY OF PITTSBURGH. AN ORDINANCE FIXING A PENALTY FOR RUNNING CARS AND MACHINERY ON LIBERTY STREET AT A GREATER SPEED THAN FOUR MILES AN HOUR. Preamble. Whereas, By section first of an ordinance, entitled " An ordi- nance, granting certain privileges to the Pennsylvania Railroad Company," it is provided, that after passing the curve aforesaid it shall not be competent for said company to exceed, at any time, a speed of four miles an hour, under such penalties as may hereafter be ordained and enacted by Councils. And whereas, It is believed that the cars and machinery of said Pennsylvania Railroad do exceed the rate of four miles an hour on Liberty street, within the city limits. Therefore, Be it ordained, &c. Company not to Section 1. That it shall be unlawful for the cars and machinery rai^ofspUd'on of said Pennsylvania Railroad Company to exceed the rate of four under certain miles per hour on Liberty street, under a penalty of not less than fifty, nor more than one hundred dollars, for each and every offence, to be recovered, with costs, by any person who shall sue for the same, before the mayor or any alderman of the city, in the same manner as other penalties are now by law recoverable, one half of the penalty to go to informer, the other half to the city. Eepeal Section 4. That all ordinances and parts of ordinances incon- sistent herewith, be and the same are hereby repealed. Ordained and enacted into a law in Councils, this 29th day of December, 1856. Recorded January 9th, A. D. 1857, in Book vol. 2, p. 68. ORDINANCE AND RESOLUTION BOROUGH OF HARRISBUHG. The following ordinance in relation to the running of locomotives and cars within the limits of the Borough of Harrisburg was adopted : "Whereas, it is represented by the owners and occupiers of real Preamble, property, residing along Meadow lane, Mulberry and Canal streets, and also by farmers and strangers visiting our borough, that they are greatly aggrieved and annoyed by reason of locomotive engines and cars running at a rate not less than twenty miles to the hour, and not giving due notice when passing main streets, thereby en- dangering the lives and property of individuals ; Therefore, Be it ordained by the Town Council of the Borough of Harrisburg, That no locomotive engine, with or without cars attached thereto, or cars without motive power of any description shall be suffered by the engineer or conductor thereof, to run at a greater speed than four Speed of loeo- . motives in miles an hour, within the limits of the borough; and any engineer borough limits, or other person guilty of a violation of this ordinance, shall be fined in the sum of ten dollars for the first offence and fifteen dollars for Penalty, the second, which fine shall be sued for and recovered before the Chief or Assistant Burgess, as debts of like amount are now by law recoverable, the one half for the use of the borough and the other half for the use of the informer, and in no case shall the fine be re- mitted, unless with the consent of the Council. Sect. 2. All former ordinances on this subject, so far as the r.epeai. same are hereby altered or amended, are hereby repealed. Passed May od, 1851. The following preamble and resolution was adopted : Whereas, The Harrisburg and Lancaster Railroad Company propose to build a large and spacious depot on the site of the pre- 8 114 ORDINANCE OF THE BOROUGH OF ALTOONA. sent one, extending to Chestnut street; and to enable said company to locate and erect the building in such manner as to afford reason- able accommodation to the various railroads centering at this place, and to meet the requirements of the public, they have requested permission of the Town Council to occupy and lay tracks on Mea- dow lane, adjoining the railroad between Market and Chesnut streets ; Therefore, Resolved, that the request of the said company be and is hereby granted on the following terms and conditions, viz : That no part of said street or lane now asked for shall be used as a Depot allowed to be built. on what condi- new siding on which to stand cars, but as and for a through track ; tions. . ' ° ' and provided that the railroad track or tracks shall be so laid and put down as not to obstruct or interfere with the ordinary use of said lane by the public, when not occupied by the business of the railroad company, and that the Street Committee of the South Ward is hereby instructed to attend to and see that this preamble and resolution is properly carried out." Passed September 1st, 1855. ORDINANCE OF THE BOROUGH OF ALTOONA. < ompnny miy ^ nat the right is hereby granted to the Pennsylvania Railroad plpes'in'snjor 1 ' Company to lay down water pipes in any of the streets or alleys of HiieysoTthe^ the borough of Altoona, including the Greensburg extensions, and to adopt from time to time such measures and to do all things convenient and necessary for examining the condition of said water Proviso. pipes, and keeping the same in good order and repair. Provided, that the said Pennsylvania Railroad Company shall be respon- sible for any damages that may accrue from laying of said water Proviso. pipes, and provided further, that in laying down or examining and repairing said water pipes, the streets or alleys shall not be obstructed, or the ditch for pipes be kept open longer at any one time than is really necessary for the completion of said work. Pamd May 12, 1858. BY-LAWS OF THK PENNSYLVANIA RAILROAD COMPANY. A3 REVISED AND APPROVED BY THE BOARD OF DIRECTORS SEPTEMBER 17, 1856. BY-LAWS. Section I. The Stated Meetings of the Board shall be held in Philadelphia, stated me. t- on every other Wednesday, unless otherwise ordered, at such place and hour as they may from time to time designate, and Special Special meet- Mectings may he called by the President whenever he may deem it necessary, or at the request of any three members, in writing. Seven members shall constitute a quorum for the transaction of Quorum, business. Section II. The President shall preside at all meetings of the Board, or in The President. his absence the Vice President, preserve order and regulate debate according to the usual parliamentary rules. He shall have the cus- tody of the seal of the Company, conduct the correspondence, and attend generally to the executive business of the Company, under the direction of the Board. In the absence of the President and Vice President, a President pro tern, shall be appointed by the Board. Section III. The Treasurer shall give bonds, with one or more sureties, (not The Treasurer, members of the Board,) in the sum of fifty thousand dollars, for the faithful performance of all his duties, as recited in the sixth section of the act of incorporation. He shall keep a regular set of books containing the accounts of the company, and all its funds that may pass through his hands, and keep a separate account, as Treasurer, in such bank or banks as the Board of Directors may from time to time designate. He shall, on the Monday preceding the first stated meeting of the Board in each month, submit to the Chairman of the Finance Committee, to be by him laid before the 118 BY-LAWS. Board at the next stated meeting thereafter, a statement of the financial condition of the Company as it stood on the last day of the preceding month ; and at the second stated meeting in January of each year, he shall present to the Board a complete statement of his accounts, for the year ending on the last day of December of the previous year, as required of the Board of Directors by section 19 of the act of incorporation, and section 2 of the supplement of April 26, 1850; and shall attend to such other duties connected with the finances of the Company, as may be required by the Board. His books shall at all times be open to the inspection of the President, or any member of the Board. All checks shall be signed by the Treasurer. All office bills and petty expenses of the general office at Philadelphia, shall be paid by orders drawn upon the Treasurer by direction of the Board, and signed by the Secretary. All ether bills shall, before being paid, be examined and approved by the Auditor, whose approval shall be endorsed thereon. All bonds, mortgages, and other securities of the Company, shall be placed in charge of the Treasurer. Section IV. The secretary. The Secretary shall keep a regular record of the proceedings of the Board, give notice to the members of all stated and special meet- ings, and attend the meetings of all standing or special committees when required. He shall cancel old certificates at the time of transfer, and shall register all certificates of stock that are issued, and sign the same, and in his absence the Vice President will attend to this part of his duties. He shall issue orders on the Treasurer, for office bills and petty expenses of office, as the Board may from time to time direct by resolution. He shall give twenty days' notice of the Annual, and ten days' notice of other General or Special Meetings of the Stockholders, as required by section 4 of theact of incorporation ; and attend to such other duties as the President or Board of Directors may require. Section V. omce of the The Office of the Company shall be in Philadelphia, and kept open. ' w en open every day except Sundays, Christmas, and Fourth of July, between the hours of nine and three o'clock, unless otherwise or- dered by the Board. BY-LAWS. 110 Section VI. A Solicitor at Philadelphia, shall be elected annually, at the first Solicitor, stated meeting in April, whose duty it shall be to give advice and opinion on such subjects as may be referred to him, and shall attend to such legal business of the Company at Philadelphia, or elsewhere, as the President or Board of Directors may require. Section VII. The administrative duties of the business of the Company will be divided among the four following departments : The Transportation Department, Having charge of the road and its management. The Auditor's Department, Having charge of all accounts and settlements. The Legal Department, Having charge of the legal and such other business pertaining thereto, as may be required by the President or Board of Directors, on the line of the Pennsylvania Railroad, excepting-ia Dauphiii •county. The Treasury Department, Having charge of all payments and receipts of money. Each department, with the exception of the legal department, to be con- ducted by one officer having the direction and responsibility of the business thereof, and the whole to be under the general direction of the President, as the organ of the Board of Directors. Section VIII. Certficatcs of Stock shall be issued to the stockholders, and Certificates of transfers of them shall be made when required ; said certificates to be signed by the President, countersigned by the treasurer, authenti- cated by the seal of the company, in accordance with the provisions of the act of incorporation, and signed by the register and transfer clerk. And any person or persons claiming a certificate or evi- dence of stock to be issued in lieu of one lost or destroyed, shall make an affidavit or affirmation of the fact; shall advertise the same in one or more newspapers in Philadelphia, twice a week for four weeks, describing the certificate, and shall transmit the affidavit or 120 BY-LAWS. affirmation, with the advertisement, and shall give the board a bond of indemnity, with one or more securities, if required, in double the sum of money paid on such certificate to be renewed, against any damage that may arise from the issuing of a new certificate. Whereupon the president and treasurer may, one month after the last advertisement, issue a new certificate of the same tenor with the one alleged to be lost or destroyed, therein specifying that it is in lieu thereof. Old certificates shall be canceled as is provided in the 4th section of these by-laws. Section IX. Committees. There shall be appointed annually, at the first stated meeting after the organization of the board in March, a Standing Committee on Finance, and a Standing Committe on the Road, to consist of five members each, and a Standing Committee on Accounts, to consist of three members. The Committee on Finance shall have a general supervision of the finances of the company, and report their pro- ceedings to the board at the first stated meeting of every month, or oftener if required, and shall invest the funds of the company agree- ably to the provisions of the charter, under the direction of the board. The Committee on the Road shall have a general oversight of all matters connected with the construction and management of the road and its appurtenances. There shall be added to this com- mittee, at the first stated meeting in every month, another member of the board, for the month, so that the directors may thus serve monthly in rotation. It shall be the duty of the Committee on Accounts to examine and audit all office bills before being presented to the board fur pay- ment, and to have a general supervision of the accounts of the treasurer. Besides these, the President and Vice President shall be ex officio members of all committees, and to each of the standing commit- tees shall be added one of the directors from the county of Alle- gheny. Each standing committee shall keep a regular record of its pro- ceedings. Section X. Elections. All elections for officers shall be by ballot, unless by unanimous consent, when the vote may be taken viva voce. All committees shall be appointed by the president, unless otherwise ordered by the board. BY-LAWS. 121 Section XT. No member of the board, or any officer or agent by them ap- No momber, • . i i n i t ,1 • t ,i i • officer or agent, pointed, shall be directly or indirectly concerned in any contract, to be interested ./>•,. , «... in contracts. arrangement, or engagement tor doing any work, or lurnishing any materials, or in any way be interested whereby any profit or advan- tage may come to him or them in relation to the construction of the road, or any part of it. Section XII. The Order of Business shall be as follows : Order of .,.,_. Business. 1. When a quorum appears, viz., seven directors, the Presi- dent shall call the board to order. 2. The minutes shall be read, and considered as approved if there be no motion to amend. 3. Reports of committees. 4. Reports of officers of the company. 5. Miscellaneous communications. 6. Unfinished business. 7. New business. Section XIII. No alteration or amendment shall be made in these By-Laws, Alteration or i ii, ii ,• i • i i i amendment of unless presented at a stated meeting and considered at a subsequent by-laws, stated meeting, but any By-Law may be suspended by the consent of not less than two-thirds of the whole board. GENERAL INDEX. A. Absent stockholders represented by proxy, 9. how many represented by each proxy, 9 Accounts, committee on, 120. Acknowledgment of proxies, 9. Act of incorporation, 3—21. commissioners appointed by, 3—5. construction of 11th section of, 27. what deemed a forfeiture of, 12, 20. see Charter. Act construing the charter, 25. Acts of assembly affecting the company, 43-75. Act for the sale of the Main Line, 61-70. See Main Line of the Public Works. Actions, civil, may be brought for obstructing railroad, 16. against company not to abate by the death of plaintiff, 21. evidence in, 16. general issue may be pleaded in, 16. service of process in, 16, 87. when to be commenced, 16. Adjournments of commissioners, 6. Administrative duties, &c, of the company, 119. Agents, appointment of, 10. not to receive loans of company's funds, 7. liability of in certain cases, 75. Allegheny city and county, subscription of, to stock, 25. to be represented at elections, &c, 25. when may elect directors, 26. not entitled to more than three directors, 26. Allegheny Portage road, connection with, 29. Alteration of by-laws, when and how made, 8, 121. 124 GENERAL INDEX. Alley in Pittsburgh laid out, 106. Altoona, ordinance of, 114. company may lay water pipes in, 114. responsible for damages accruing thereby, 114. Annual meeting of stockholders, 8, 32, 118. twenty days' notice of to be given, 8, 118. president to report to, 82. Annual report to the stockholders, 17. how published, 17. Annual election of directors, 38. when and where held, 38. Appraisers to assess damages of transporters on Main Line, 73. duties and compensation of, 72, 73. Approval of stockholders necessary to establish a certain act, 40. Assessment of damages, 14, 27, 28, 29, 31. Auditor's department, 119, B. Banking privileges not included in corporate franchises, 7. Bell's alley, in Pittsburgh, vacated and closed, 55, 111. Bells to be attached to horses, 94. Board of Directors, how elected, 8. when to be organized, 8. to establish their own by-laws, 8. by-laws of, 117-121. alteration or amendment of, 121. elections for officers of, 120. officers of, see Company. no member or officer of to be interested in contracts, 121. order of business of, 121. quorum of, 10, 82, 117, to keep minutes of their proceedings, 10. stated meetings of, 117. special meetings of, 117. vacancies in, how supplied, 9, 38. see Company. Directors. Bond to pay damages, 15. of the treasurer, 10, 117. condition of, 10. when to be renewed, 10. when to be given by company, 15. when to be offered to Common Pleas for approval, 15. when to be filed, &c, 15. Books of subscription to be opened, 5. wlien and where to be opened, 5. thirty days' public notice of opening of, to be given, 5. GENERAL INDEX. 125 Books of subscription, Low long to be kept open, <>. of company to be open to committee of legislature, 20. penalty for refusing to produce, 20. of treasurer open to inspection of directors, 118. Bingham and Dock, contract, with, not impaired, 51. Branch roads may be constructed, 17. Bridge, Market street, permit to pass over, 97. penalty for passing without permit, 97. Business, order of, 121. By-laws of the Board of Directors, 117-121. alteration and repeal of, 8, 121. Capital paid in, debts never to exceed one-half of, 7. stock or bonds, not to be loaned to a member, officer, or agent, 7. may be called in, when and at what rate, 11. may be increased, 18, 33, 34, 38, 48, 02. Cars to be registered and numbered, 94. to have brakes, 90. passage of over city road regulated, 99, 100. speed of, regulated, 94, 103, 112, 113. Causeways, repair of, 87. Certificates of stock, delivery of, 11, 119. how signed and sealed, 11, 119. transferable at pleasure, 11. when not transferable, 11, 119. when lost, provision for, 119, 120. Charter, 3-21. See Act of Incorporation. how may be forfeited, 20. supplements to, 25-40. act construing the, 21. and supplements, extension of, 61. Chartiers Valley Railroad Company, subscription to stock of, 70, 71. Chief Engineer and Surveyor of Philadelphia to change grades of cei tain streets, 60. City Railroads — see Ordinances of the City of Philadelphia. charge and tolls on, 61, 93, 9-3, 97. regulation of tolls on, 74. duties of superintendent of, 93. City railroad track, company may repair, 100. company may widen, 101. Coal and lumber exempt from tonnage tax, 56. Collectors, &c, on Main Line continued, 67. Collection of wharfage in Pittsburgh, 103. Columbia railroad, connection with, 13. Commissioners, names of, 3, 4. 126 GENERAL INDEX. Commissioners, duties of, 5, 79. twelve necessary to act, 5. to open books of subscription, 5. to give all persons opportunity to subscribe, G. adjournments of, G. to certify to Governor number of shares subscribed, 6. to give notice to organize and elect directors, 8. expenses incurred by, bow and when paid, 21. Committees of the Board of Directors, 120. Committee on Finance, 120. the Road, 120. on Accounts, 120. Common Pleas, when judges of are interested, 28. Common seal, 7. Commonwealth, toll accruing to use of, to whom paid, 19. to pay stockholders par value of stock in case of forfeiture of charter, 20. to pay actual value of corporate estate to company in such event, 25. Company to purchase and hold real estate, 7. may enter upon all lands for construction of road, 13. may cut and carry away necessary materials, 14. not to enter upon land before paying, &c, 15. when to give bond to pay damages, 15. when to make wagon ways for individuals, 16. may construct branches for their main line, 17. to establish rates of toll, 18. to reconstruct turnpikes, 29. actions against, not to abate by plaintiff's death, 21 j authorized to subscribe to stock of other roads, 34j may repair track of city railroad, 100. may widen track of city railroad, 101.] may increase their loans and erect certain buildings, 37. authorized to purchase and hold certain real estate in Pittsburgh, 57. authorized to take conveyance for Powelton estate, 58. administrative duties of business of, 119. purchase of Main Line by, Go. See Main Line of Public Works. office of, 118. when open, 118. president of, 8, 117. how elected, 8. term of service of, 8 j duties of, 10, 117. vice-president of, 35, 117. treasurer of, 10, 117, 118. bond of, 10, 117. duties of, 10, 117, 118, GENERAL INDEX. 127 Company, secretary of, 10, 118. duties of, 10, 118. solicitor of, when elected, 119. Compensation allowed to no director except the president, 10. for damages, 14, 30, 08. for materials used, 14. of appraisers of damages of transporters on Main Line, 72, 7$. of viewers, 32. Connection with Harrisburg road, 13. with Columbia road, 13. with Allegheny Portage road, 20. with other roads authorized, 40. Connections to and from freight depot in Philadelphia, 54. Contract with Bingham and Dock not impaired, 51. Contracts for use of road, 95, 97. regulation concerning, 95. penalty for violating, 96. Construction of road in High street, Philadelphia, 90. Connellsville, borough of, to subscribe to stock, 49. Construing act, 31. Construing clauses, 27, 29, 30, 45, 50. Conveyance of Powelton estate, 53, 54. Corporate title, 7, 80. franchises, 7, 80. not to include banking privileges, 7. officers, 81. powers, exercise of, 10, 82. Councils of Philadelphia — see PMldelphia. Ordinances of the City of Philadelphia . authorized to widen street occupied by railroad, 39. consent of, to railroad connections in city, 54. regulations of, touching railroad construction, 39, 54. to regulate tolls on city railroad, 74, Credit to purchasers of Main Line, 04. Crossings of certain lateral roads regulated, 71, 72. Cross-roads, established, not to be impeded, 10. Damages — see Land Damages. compensation for, 30. how assessed, 27. judgment and execution for, 28. when tender of will relieve from costs, 29. viewers in cases of, when Common Pleas may appoint, 2 in widening streets in Philadelphia, how ascertained, 39. 128 GENERAL INDEX. Damages of transporters on Main Line of Public Works, how assessed, 72, 73. for laying pipes in Altoona, 114. Death of plaintiiF not to abate actions against the company, 21. Debts never to exceed one half of capital paid in, 7, Declaration of dividends, 12. Deed to purchasers of Main Line, 67. Delaware river, authority of company to construct wharves on, 89. Delinquent stockholders not to receive interest, 27. Depots in Pittsburg, company authorized to construct, 57. ground for granted, 103. rent of, 103. when to accrue, 103. Directors, Board of — see Board of Directors. Company. qualifications of, 8, 38. number of to be chosen, 8. first election of, how made, 8. annual election of, when held, 38. liability of, for making certain dividends, 12. may convene stockholders at any time and place, 8. majority of to be elected by private stockholders, 26. mode of conducting elections of, 9. none but president allowed compensation, 10. not to receive loans of company's funds, 7. not to be interested in contracts, 121. Disposition of forfeited shares, 11. Dividends, 7, 12, 84. when to be declared, 12. when payable, 40. not to exceed the net profits of the company, 12. made out of capital, directors liable for, 12. if neglecting to enter protest, 12. Duties of appraisers of damages of transporters on Main Line, 72, 73. Dwellings, railroad may pass through, 27, 36. E. Eighth street and Plumb alley, Pittsburgh, surrender of parts of, 105. Election, first, of directors, how made, 8. annual, of directors, 38. if not made, provision for holding another, 9, Elections of directors, mode of conducting, 9. for officers, 8, 10, 120. Engineers, appointment of, 10. liability of in certain cases, 75, 113. GENERAL INDEX. 129 Enlargement of the State Works by the purchasers, 64. Entry of Pittsburgh limited to certain streets, 3G. Erie, a branch of road may be made to, 13. Established cross-roads not to be impeded, 16. Evidence inactions against company, 16. Examination of manifests, books, &c, by State agents, 19. penalty for refusing to permit, 20. Execution for damages, 28. Expenditures by State on Main Line, when to cease, 70. Expenses incurred by commissioners, how and when paid, 21. of sale of Main Line, how paid, 69. Extension of lateral road in Derry township, 46. to CJniontown, 49. of Ferguson street, in Pittsburgh, 110. F. Fare, rates of, 18. of troops, 17. Fayette county, subscription of, to stock, 49, 50. how applied, 49, certificates of loan of, received in payment for stock, 49, 50. grand jury of, to fix amount of subscription to stock, 50. Ferguson street, in Pittsburgh, part of to be opened, 55. not to be obstructed, 110. to be extended, 110. provisions concerning appropriation of by company, 56. Finance, committee on, 120. First election of directors, how made, 8. Five dollars to be paid on each share at time of subscribing, 6. Forfeited shares, disposition of, 11. Forfeiture of shares, 11. charter, what deemed a, 20. proceedings to ascertain cause of, 20. State to pay actual value of corporate estate in case of, 25. Form of subscription to stock, 5. Franchises, corporate, 7. Freight for Philadelphia carried over Columbia road, proviso concerning, 39. penalty for evasion of proviso, 40. how recovered, 40. for whose use, 40. depot in Philadelphia, connections to and from, 54. of munitions of war, 17. cars over city road, passage of, regulated, 99, 100. Funds of the company not to be loaned to directors, officers ; or agents, 7 130 GENERAL INDEX. G. General issue may be pleaded in actions against the company, 16. General railroad law of Pennsylvania, 79-89. See Pennsylvania General Railroad Law. Girard Life Insurance, Annuity and Trust Company, conveyance of part of Powelton estate from, 58. Governor to issue letters patent, when, 6. may appoint State agents to keep account of tonnage, 19. Grades of certain streets in Philadelphia, change of, 60. Graveyards, road not to pass through, 13. disinterment of bodies in a certain, 57. Greensburg, subscription of, to stock, 51. taxable inhabitants of, to approve subscription, 52. Ground to be taken for railroad, width of, 13. H. Harrisburg railroad, connection with, 13. borough of, ordinance of, 113. resolution of, 113, 114. speed of locomotives in, 113. depot may be built in, 114. Harrisburg, Portsmouth and Mount Joy Railroad Company, lease of by purchasers of Maine Line, 64. Hempfield Railroad Company, subscription to stock of, 71. High street, Philadelphia, construction of road in, 96. Homesteads, railroad not to pass through, 27. Increase of shares, 33, 38, 48, 62. Injury to railroad, penalty for, 16. Inquisition, when court may order a new, 15. Instalments due and unpaid, suit may be brought for, 11. when to be called in, 83. penalty for neglect to pay, 83, Interest to shareholders, when to be paid, 27. not to be paid to delinquent stockholders, 27. Issues of fact to be tried by jury, 21. Judges of Common Pleas, when interested, 28. Judgment and execution for damages, 28. Jurors, twelve to decide land damages, 14. to view the premises, 15. Jury to report to the court the damages, and to whom payable, 1&. GENERAL INDEX. 131 Lancaster and Philadelphia, accommodation of local and way freight between, 51. Lancaster county, company authorized to purchase lands in, 70. Land to be paid for before being entered upon, 15. Land damages, compensation for, 14, 3G, 08. how assessed, 14, 27, 31, 85, 86. by whom decided, 15. to whom to be reported, 15. to whom payable to be reported by the jury, 1-3. Land, owners of may make lateral railroads, 17. Lands necessary for their road, the company may enter upon, 13. Lateral road in Derry township, authority to construct, 44. extension of, 46. to Uniontown, 47. extension of, 47. Lateral roads, crossing of certain, regulated, 71, 72. Lease of levee in Pittsburgh confirmed, 34. Legal department of the company, 119. Legislature, books of company to be open to committee of, 20. may charter another road to connect with Pennsylvania road, 21. Letters patent to be issued by the Governor, 6. Liability of stockholders for unpaid instalments, 11. of directors for making dividends out of capital, 11. Lien on company's property, 25. what, has precedence over other liens, 25. of Commonwealth on company's estate, when not discharged, 73. Loan, certain certificates of, exempt from taxation, 43, 44, 48. Loans, not to be made to directors, officers or agents, 7. restriction regarding certain, 37. Locomotives, regulation of speed of, 43, 113. Lost certificates, 119, 120. Lumber and Coal exempted from tonnage tax, 56. M. Main Line of the Public "Works, sale of, 61-70. notice of sale of, 61, how published, 61. who may purchase, 62. minimum price of, 62. company purchasing may increase their capital, 62. amount to be deposited on day of sale of, 63. provision touching tonnage and State tax, &c, on, 63. purchase of, by Pennsylvania Railroad Company to be regulated, 63. 132 GENERAL INDEX. Main Line of the Public Works, purchasers of, may resell, 62. purchasers of subject to General Railroad Act, 63. may purchase and improve certain roads, 64. may enlarge the works, 64. credit to, 64. deed to, 67. may sell or lease any part of canals, 65. to purchase transporters' boats, cars, &c, 66. may pay their bonds before maturity, 66. penalty of, for non-payment of bond or interest, 66. subject to all contracts made by the State, 07. notice of possession by, 67. may enter on lands, &c, 68. compensation to owners of land entered upon by, 68. powers of, 68. to have corporate succession, 69. certain privileges of, 69. purchase money to be paid, when, 64. how to be paid, 64. 6ale of works by State for non-payment of, 66. payment of interest, 65. to be kept in good repair, 65. all parties entitled to use of, 65. rates of toll, 65, 68, C9. abandonment of Western Division of Cants, 65. regulated, 66. collectors &c. on, to continue to act, G7. proceeds of sale of, to be paid into sinking fund, 69. further legislation, if necessary, to pass title to, 69. expenses of sale of, how paid, 69. when State may re-enter possession of, 70. expenditures on by State, when to cease, 70. damages of transporters on, 72, 73. mayor of Philadelphia to vote for purchase of, 101. Manifests, books, &c, may be examined by State agents, 19. Material necessary for their road, company may cut and carry away, 14. Mayor of Philadelphia, power of to enforce ordinances, 74. Meeting of stockholders, annual, 32, 38. when held, 32. twenty days' notice of to be given, 8, 118, special, 8, 118. notice of, 118. of board of directors, 10. president to preside at, 10. Minutes of board of directors to be kept, 10. Mode of conducting elections of directors, 9. GENERAL INDEX. 133 Motive power, control of, 18. Mount Pleasant to subscribe to stock, 49. Municipal corporations, amount of subscriptions to stock by, 25. to be represented at elections, &c, of company, 25. when may elect directors, 26. not entitled to more than three directors, 26. subscriptions by, 44. Munitions of war and troops, freight and fare of, 17. N. Names of commissioners, 3, 4. See Commissioners. Net profit of company not to be exceeded by dividends, 12. Notice and bond, service of, in certain cases, 35. effect of, 36. of annual meeting of stockholders, 8, 118. of special meetings of stockholders, 8. of sale of main line, 61. of possession of Main Line, 67. Obstructing railroad, penalty for, 16, 93. civil action for, 16. public streets with locomotives or cars, 74. Obstruction of private road by railroad company, penalty for, 46. Office of the company, when open, 118. Officers of the company not to receive loans of company's funds, 7. choice and appointment of, 10. election for, 120. appointment of, by whom made, 10. Ordinance of the Borough of Altoona, 113. Ordinance of the Borough of Harrisburg, 113. Ordinances affecting the company, 93-114. Ordinances of the City of Philadelphia, 93-101. duties of superintendent of city railroad, 93. tolls, 93, 95, 97. penalty for obstructing road, 93. cars to be registered and numbered, 94. to have brakes, 96. passage of, over city road regulated, 99, 100. speed of, regulated, 94. attachment of bells to horses, 94. time of traveling regulated, 94. 134 GENERAL INDEX. Ordinances of the City of Philadelphia authorizing contracts for use of road, 95, 97. regulation concerning contracts for use of road, 95. penalty for violating, 96. construction of road in High street, 96. permit to pass over bridge, 97. penalty for passing without permit, 97. turnouts authorized, 98. regulations of, 98. repair of, 98. penalty for neglect of, 98. privilege of, 99. company may repair city track, 100. widen tracks of city road, 100. mayor authorized to vote for purchase of Main Line, 101. Ordinances of the City of Pittsburgh, 102-112. Bell's alley to be vacated, 111. privilege to lay rails, 102. and to pass cars, &c, 103. to erect a building on wharf, 104. speed of cars, 103, 112. company subject to city regulations, 103. may construct buildings, 103. ground for a depot granted, 103. rent of, 103. when it shall begin to accrue, 103. Water street to be laid out by company, 103. width of, 103. collection of wharfage, 103. company not to be forwarding agents, 103. record of ordinance, omission in corrected, 104. West street, grant to lay rails on, 104. Eighth street and Plumb alley, parts of surrendered, 105. alley from Seventh to Eighth street laid out by company, 106. vacation of certain streets, 106, 107. switches, turnouts, &c, permission to build, 107, 108. construction of, 111. city regulations of, 108-110. Ferguson street not to be obstructed, 110. to be extended, 110. provisions of ordinance, penalty for neglect of, 111. i (rganization of the board of directors, 8. Owners of land may make lateral railroads, 17. P. Payment of dividends, 12. Penalty imposed on viewers for neglect of duty, 32. for obstructing private road, 46. GENERAL INDEX. Penalty for obstructing railroad, 16, 98. for injury to railroad, 16. for refusing to produce books, &c, 20. for passing Market street bridge without permit, 07. for violating contracts for use of road, 96. for non-payment of bond or interest by purchasers of Main Line, 66. Pennsylvania Railroad — see Railroad. when to be commenced and when completed, 21, 61. legislative reservation concerning roads connecting with, 21. to connect with Allegheny Portage road, 29. connection of, with Philadelphia and Columbia road, 38. with other roads, 40. provisions concerning, 50, 51. Pennsylvania Railroad Company — see Company. Pennsylvania General Railroad Law, 79-89. duties of commissioners, 79. subscription to stock, 79. who may subscribe, 79. corporate style, succession and privileges, 80. organization, 80. officers, 81. powers, 82. annual and special meetings, 81. conduct of elections, 81, 82. quorum of directors, 82. certificates of stock, 83. capital stock and instalments, 83. when called in, 83. penalty for neglect to pay, 83. dividends, 84. route of road, 84. damages, 85, 86. repair of causeways, 87. ehang% of location, 87. service of process in suits, 87. penalties, 88. statement of affairs, &c, 88. public highways, 88. toll, 89. commencement and completion of road, 89. Petersburg, borough of, to regulate speed of locomotives running through, 43. Philadelphia — see Ordinances of the City of Philadelphia. city of, authorized to subscribe for stock, 25. to borrow money to pay for stock, 25. to be represented at elections, &c, 25. 136 GENERAL INDEX. Philadelphia may elect directors, when, 26. not entitled to more than three directors, 26. connections to and from freight depot in, 54, chief engineer and surveyor to change grades of certain streets in, 60. power of mayor of, to enforce ordinances, 74. mayor of, to vote for purchase of Main Line, 101. ordinances of, 93-101. Philadelphia and Columbia road, connection with, in Philadelphia, 88, 39. Pittsburgh — see Ordinances of the City of Pittsburgh. Bell's alley, in, vacated and closed, 55. certain streets in, vacated, 33. Ferguson street, in, part of to be opened, 55. provisions concerning appropriation of, 56. entry of, limited to certain streets, 36. lease of levee in, confirmed, 34. ordinances of, 102-112. Plea of general issue in actions against the company, 16. Powelton estate, conveyance of, 54. to trustees of Pennsylvania Railroad, 54. trustees authorized to sell, 54, 58, 59, 73. conveyance from Girard Life Insurance Annuity and Trust Com- pany for part of, 58. sale of by Pennsylvania Railroad Company, 73. Powers of the corporation, by whom exercised, 10. President of the company, 8, 117. duties of, 10, 117. may convene stockholders at any time and place, 8. may call a special meeting of stockholders, when, 8. and directors to make annual report to stockholders, 17, 32. Privileges, banking, not included in corporate franchises, 7. Proceedings of board of directors, minutes of to be kept, 10. in assessment of damages, 14, 27, 29, 31. to ascertain a cause of forfeiture of charter, 20. to appropriate land, service of notice and bond in certain, 35. Protest of directors to be entered on minutes, 12. Provision when no election of directors is made, 9. Proxy, who may vote by, 9. how many absentees may be represented by, 9. Proxies, when to be acknowledged, 9. voted upon to be filed, 10. Public notice of opening books of subscription, 5. of calling in capital stock, 11. Public worship, road not to pass through places of, 13. Publication of annual report, 17. Purchase of Main Line by Pennsylvania Railroad Company to be regulated, 63. Purchasers of the Main Line, who may become, 62. GENERAL INDEX. Purchasers of the Main Line, certain privileges of, 09. compensation to owners of land entered upon by, 08. credit to, G4. corporate succession of, 69. deed to, 67. may increase their capital, 62. may resell, 62. may purchase and improve certain roads, 64. may enlarge and repair the works, 64. may sell or lease any part of canals, 65. may enter on lands, &c, 68. notice of possession by, 67. penalty of for non-payment of bond or interest, 66. powers of, 68. subject to all contracts made by the State, 67. to General Railroad Act, 63. to purchase transporters' boats, cars, &c, 66. Purchase money for Main Line, when to be paid, 64. how to be paid, 64. interest on, 65. non-payment of subjects the works to sale by State, 66. Qualifications of directors, 8, 38. Quarter Sessions, duty of in reference to turnpike roads, 30. order of in such cases, 30. to approve revised survey, 60. Quorum of board of directors, 10, 82, 117. R. Railroad, Pennsylvania, route of to be fixed by company, 13. branch of, to Erie, 13. construction of in Philadelphia, provisions touching, 39. city regulations of, 39, 54. may pass through dwellings, 27, 36. must not impede the passage of any established road, 16. not to pass through graveyard, &c„ 13. homestead, 29. penalty for willfully obstructing, 16. to be a public highway, 18. to unite with Harrisburg road, 13. when to unite with Columbia road, 13. width of ground to be taken for, 13. 138 GENERAL INDEX. Rates of fare, 18. toll, 18. by whom established, 18. Real estate, company authorized to purchase and hold certain, in Pittsburgh, 57. in Lancaster coun- ty, 70. company authorized to sell certain, 73. lien on not discharged, 73. to be purchased and held by company, for what purposes, 7. Record of ordinance, omission in, corrected, 104. Repair of causeways, 87. Repealing act, 45. Repealing clauses, 27, 37, 40, 57, 60, 99, 103, 113. Report, annual, to be made to stockholders, 17. how published, 17. when to be made, 32. of tonnage, to be made to Auditor-General, 19. Re-possession of Main Line by State, 70. Resolution of the borough of Harrisburg, 113, 114. Resolutions of (he city of Philadelphia, 100, 101. Road, committee on the, 120. Route of Pennsylvania Railroad to be fixed by company, 13, 87. to a point at or near Pittsburgh, 13. S. Salaries and wages of officers and agents, by whom fixed, 10. Sale of the Main Line, 61-70. See Main Line of the Public Works. proceeds of to be paid into sinking fund, 69. expenses of, how paid, 69. Schuylkill river, authority to construct wharves on, 39. Secretary of the company, election of, 10. duties of, 10, 118. Security of officers and others, 10. Service of process in actions against the company, 16, 87. Share, each entitled to one vote, 9. when not entitled, 9. Shares increased, 33. further increased, 38, 48, 62. number of to be certified to governor, 6. to be ratably diminished, when, 6. when forfeited, 11. Solicitor of the company, 119. duties of, 119. when elected, 119. GENERAL INDEX. 139 Special meetings of the stockholders, call of to state the object, 8, 1 18. no other business to be transacted at, 9. notice of, 118. of the board of directors, 117. Speed of cars, 94, 103, 112, 113. Standing committees of the board of directors, 120. State agents may examine books, &c, 19. tax on Main Line, 63. Stated meetings of directors, 117. Statement of affairs, &c, 88. Stock, amount of municipal subscriptions to, 26. capital, may be increased, 18, 33, 34, 38, 48, 62. certificates of, to be delivered to shareholders, 11. how signed and sealed, 11, 119. transferable at pleasure, 11, 119. ■when not transferable, 11. of Chartiers Valley road, subscription to by Pennsylvania Railroad Com- pany, 70, 71. of other roads, Pennsylvania Railroad Company authorized to subscribe to, 34. par value of, to be paid by Commonwealth in case of forfeiture of charter, 20. subscription to, 79. Stockholders, annual meeting of, 32, 38. twenty days' notice of to be given, 8, 118. may be convened at any time and place, 8. special meetings of, to be called by president, 8. call of to state the object, 8. absent, how many represented by proxy, 9. liability of for unpaid instalments, 11. may be sued for instalments due and unpaid, 11. when not entitled to vote, 11. private, to elect majority of directors, 26. when to receive interest, 27. delinquent, not entitled to interest, 27. Storage, company authorized to collect, 39. Streets of Philadelphia occupied by road to be widened, 39. Subscribers to stock, who may lawfully be, 6. Subscription to the stock, form of, 5. Subscriptions to stock by certain boroughs, how directed, 49. Superintendents, appointment of, 10. Supplement to charter, approval of stockholders necessary to establish a certain, 40. Supplements to charter, 25-40. Suit may be brought for unpaid instalments, 11. Switches in Pittsburgh, 107, 108. construction of, 111. city regulations of, 108-110. 140 GENERAL INDEX. T. Tax on tonnage regulated, 18, 26, 27, 56. Taxation, certain certificates of loan exempt from, 43, 44, 48. Telegraph line on line of road, 52. from Pittsburgh to Harrisburg, 52. from Harrisburg to Philadelphia, 52. adjacent to line of other roads, 53. provisions affecting construction of, 53. Term of service of president, 8. Timber in construction of road to be obtained from owners, 14. Title of corporation, 7, 80. to Main Line, further legislation, if necessary, to pass, 69. Toll, rates of, 18, 65, 68, 69, 89. by whom established, 18. accruing to Commonwealth, to whom paid, 19. Tolls on city railroad, 61, 74, 93, 95, 97. Tonnage, account of, may be kept by State agents, 19. report of, to be made to Auditor-General, 19. charge on, to be a lien on company's property, 25. on Main Line, 63. tax, coal and lumber exempted from, 56. regulated, 18, 26, 27, 56. Transferree of stock a member of the corporation, 11. Transporters on the Main Line, damages of, 72, 73. Transportation department of the company, 119. Traveling time regulated, 94. Treasurer of the company, election of, 10. bond of, 117. condition of, 10. duties of, 117, 118. security of, 10, 118. books of, open to inspection of directors, 118. Treasury department of the company, 119. Troops and munitions of war, fare and freight of, 17. Turnouts in Philadelphia, 98. regulations of, 98. repair of, 98. penalty for neglect of, 98. privilege of, 99. in Pittsburgh, 107, 108. construction of, 111. city regulations of, 108-110. Turnpikes occupied or changed, re-construction of, 29. proceedings when company neglects to re-construct, 30. GENERAL INDEX. 141 U. Uniontown, lateral road to, 47. extension of, 47. authorized to subscribe to stock, 49. Use of Main Line, all parties entitled to, 65. Vacancies in board of directors, how supplied, 9, 38. Vacation of certain streets in Pittsburgh, 33, 106, 107. Vice-president of the company, 35, 117. Viewers to be appointed by Common Pleas, 29. duties of, 28. report of, 28. Quarter Sessions, 30. duties of, 30. report of, 30. compensation of, 32. penalty of, for neglect of duty, 32. how recovered, 32. Vote by proxy, who may, 9. W. Wagon ways to be made for private persons, 16. Water street, Pittsburgh, to be laid out by company, 103. width of, 103. West Chester Railroad, connection with, in Philadelphia, 38, 39. Western Division of Canal, abandonment of, 63, regulated, 66. West street, Pittsburgh, grant to lay rails on, 104. Wharfage, company authorized to collect, 39. Wharves on Delaware and Schuylkill rivers, construction of by company, 39. Woodland Cemetery in Philadelphia, railroad not to pass through, 39. T. Youngstown, borough of, to subscribe for stock, 49. L D 2lA-60m-2 '67 (H241slO)4/6B U.C.BERKELEY LIBRARIES CDMiaDTMSE UNIVERSITY OF CALIFORNIA LIBRARY '