OFFICERS. 
 
 President, 
 
 THOMAS S. FERNON. 
 
 Directors, 
 
 ISAAC S. WATERMAN, 
 JOHN BROCK, 
 
 JOHN WELSH, Jr. 
 
 CHAS. W. CHURCHMAN. 
 J. GILLINGHAM FELL, 
 JOHN JORDAN, Jr. 
 
 ISAAC R. DAVIS, 
 
 JACOB M. THOMAS, 
 CHARLES HENRY FISHER, 
 ALGERNON S. ROBERTS, 
 JOHN O. JAMES, 
 
 JOHN ELY. 
 
 Treasurer 
 
 WILLIAM WISTER. 
 
 Secretary, %* y - 
 
 EDWARD ARMSTRONG. 
 
 Solicitor, r 
 JOHN J>. BROCK. 
 
 'hief Engineer, 
 EDWARD MILLER, 
 
 
 
 •i; 
 
 
 - . ' 
 
a- 
 
 AN ACT TO INCORPORATE 
 
 THE 
 
 PHILADELPHIA, EASTON AND WATER-GAP 
 
 RAILROAD COMPANY, 
 
 <T -—- 
 
 Section 1 . Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania, in General Assembly met, 
 and it is hereby enacted by the authority of the same , That John 0 . Commissioners. 
 James, Samuel H. Gillingham, Andrew Manderson, Elwood M. 
 
 Smith, Josiah Brant, William E. Morris, Isaac S. Waterman, John 
 Jordan, William P. Brock, William B. Hart, Charles Santee, Joseph 
 M. Hollingshead, Harry Conrad, John Gilbert, James S. Young, 
 
 Solomon Smith, Thomas Taylor, William Baiguel, John Ely, Wil¬ 
 liam C. Ludwig, Samuel H. Bush, Daniel Dalby, Benjamin Kemerer, 
 
 S. M. Bunn, George Barron, James Shields, Charles Koons, Milton 
 Cooper, Henry Budd, John T. Maull, John Thomason, Joseph M. 
 
 Thomas, and Peter Sieger, of Philadelphia County; William T. 
 
 Bogers, John Brown, C. E. Wright, Stephen Brock, John B. Pugh, 
 
 William S. Hendrie, B. Thornton, B. Watson, William Carr, and 
 E. J. Eox, of Bucks County; Peter Ihrie, M. H. Jones, Jacob 
 Wagner, William H. Lawall, Michael Butz, Jacob Bader, George 
 Troxell, Jacob Bice, Augustus Wolle, G. IT. Goundie, J. J. Levers, 
 
 William Beitel, Samuel Straub, James M. Porter, and Samuel Tay- 
 0 lor, of Northampton County; and Joseph Lukens, John Shaffer, Sr., 
 
 ..George Sechler, Jacob Wentz, Henry Dickenson, of Montgomery 
 - County, or any three of them, be, and they are hereby appointed 
 Commissioners, to open books, receive subscriptions, and organize a 
 Company by the name, style and title of “The Philadelphia, Easton Name. 
 and Water-Gap Bailroad Company,” with power and authority 
 to construct a Bailroad, beginning at a point North of Yine street, Location. 
 
 *n the County of Philadelphia, and thence by the most expedient 
 
 and practicable route, to or near the Borough of Easton, or some 
 
 other point in Northampton County, with the right to extend said Extension. 
 
 Bailroad to any point or place in Monroe or Pike Counties, and to 
 
 connect with the Delaware, Lehigh, Schuylkill and Susquehanna Connections. 
 
 dC 
 
 f45739 
 
6 
 
 Railroad, the Delaware and Cobb’s-Gap Railroad, and the New York 
 
 and Erie Railroad, or any other Railroad which may have connected 
 
 with it, in Pennsylvania, subject to all the provisions and restrictions 
 
 General Rail- 0 f AN ACT REGULATING RAILROAD COMPANIES, approved the nine- 
 road Law. # 1x 
 
 teenth day of February, one thousand eight hundred and forty-nine, 
 so far as the same are not altered or supplied by this act: and the said 
 Philadelphia, Easton and Water-Gap Railroad Company shall have 
 the right, subject to the provisions and restrictions of the Act afore- 
 Branch roads, to connect their Railroad by lateral or branch-roads, with any 
 
 Railroad constructed or to be constructed, in any of the Counties 
 through which the same may pass, and also to construct one or more 
 bridges across the river Delaware, and to connect by one or more 
 
 New Jersey con- ° 
 
 nections. lateral or branch-roads, with any Railroad or other public improve¬ 
 ment in the State of New Jersey. 
 
 Capital stock. Section 2. That the Capital Stock of the said Company shall 
 consist of thirty thousand shares. Provided , That the said Company 
 may, from time to time, by a vote of the Stockholders at a meeting 
 called for the purpose, increase the Capital Stock, if it shall be 
 deemed necessary, to an amount sufficient to carry out the true 
 intent and meaning of this Act. For the purpose of completing and 
 equipping the said Railroad, the said Company shall have the power 
 money? 0borr ° W borrowing any sum not exceeding two millions of dollars, at a rate 
 of interest not exceeding seven per centum per annum, and to secure 
 the payment of the same by the issue of bonds and a mortgage of the 
 said Railroad, together with the corporate rights and franchises 
 granted by this Act, and to annex to the said bonds and mortgage 
 the privilege of converting the same into Capital Stock of the said 
 Company at par, at the option of the holders, if they shall signify 
 their election in writing so to convert the same one year before 
 their maturity. Provided , That the said Campany shall issue no 
 certificate of loan of less denomination than one hundred dollars. 
 
 Section 3. That said Company shall have power to connect with 
 Jinks at different any Railroad belonging to any other Company using part of said 
 route, in any and every case where it may be deemed inexpedient for 
 a time to build the whole of the road authorized by this act; and said 
 Company shall have as full power and control over the part or parts 
 built by said Company, in every respect, as if said Company had built 
 the whole of the road authorized by this Act. 
 
 . Section 4. That if the said Company shall not commence the 
 
 N Time for com- * J 
 
 \ and construction of said road within five years, and complete it in ten 
 
 years from the passage of this Act, the same shall be null and void, 
 
7 
 
 except so far as the same may he necessary to settle up the affairs 
 and pay the debts of said Company. 
 
 JOHN S. RHEY, 
 
 Speaker of the House of Representatives. 
 
 JOHN H. WALKER, 
 Speaker of the Senate . 
 
 Approved the Eighth day of April, A. D., one-thousand eight- 
 hundred and fifty-two. 
 
 WM. BIGLER. 
 
 SECRETARY’S OFFICE. 
 
 Pennsylvania , ss: 
 
 I do hereby certify , that the foregoing and annexed is a true and 
 correct copy of the original Act of the General Assembly, as the 
 same remains on file in this office. 
 
 In testimony whereof , I have hereunto set my hand, and caused 
 the Seal of the Secretary’s Office to be hereunto 
 [seal.] affixed, at Harrisburg, this Twenty-sixth day of May, 
 A. D., one-thousand eight-hundred and fifty-two. 
 
 E. S. GOODRICH, 
 
 Deputy Secretary of the Commonwealth . 
 
MUNICIPAL CORPORATIONS 
 
 Corporations 
 empowered to 
 subscribe. 
 
 Certificates of 
 loan received : 
 cash. 
 
 Sale of bonds. 
 
 Limit to munici¬ 
 pal subscription 
 
 Authorized to Subscribe to the Capital Stock of the Philadel¬ 
 phia, Easton and Water-Gap Railroad Company. 
 
 Section 4. That it shall be lawful for the constituted authorities 
 of the City of Philadelphia, the incorporated districts in the County 
 of Philadelphia, the Borough of Easton in the County of Northampton, 
 and the counties of Monroe and Pike, or either of them, to subscribe 
 for shares in the Capital Stock of the Philadelphia, Easton and Water 
 Gap Bailroad Company, to borrow money to pay therefor, and to 
 make provision for the principal and interest of the money so bor¬ 
 rowed, as in other cases of loans to said City, Counties, Boroughs, 
 and Townships, respectivelyj and no certificate of loan or bond shall 
 be for a less sum than one hundred dollars, and shall be transferable 
 only on the books of the respective City, Districts, Counties and 
 Boroughs, kept for that purpose ; and the certificates of loans or 
 1 bonds issued or to be issued by such authorities, for the purpose 
 aforesaid, bearing an interest of six per cent, per annum, payable 
 half-yearly, shall be received as cash at par by the said Company in 
 payment of the instalments or shares subscribed, as aforesaid: and 
 the said City, Counties, Boroughs and Townships, respectively, may 
 vote at the elections of said Company, by their officers specially au¬ 
 thorized for the purpose, in the same manner as individual stock¬ 
 holders ; and the said Company shall not sell or dispose of, below 
 their par value, any bonds received in payment of stock subscrip¬ 
 tions, as aforesaid, without giving at least sixty days’ notice to the 
 municipal corporation having issued the same, that an instalment or 
 instalments have been called in upon said stock; and if the said cor¬ 
 porations shall pay the instalment or instalments so called, the bonds 
 shall be returned to them; but, upon their failure to make such 
 payments, the Company shall have power to dispose of said bonds to 
 the best advantage: Provided , that no subscription made by any 
 municipal corporation, authorized by this section to subscribe to the 
 Capital Stock of said Company, shall exceed ten per cent on the 
 assessed valuation of the real and personal estate in the City, Dis¬ 
 trict, Borough, or County, making such subscription. 
 
9 
 
 SECRETARY’S OFFICE. 
 
 Pennsylvania , ss: 
 
 1 do hereby certify , that the foregoing and annexed is a true and 
 correct copy of Section 4, of the original Act of the General Assem¬ 
 bly, entitled, C£ An Act for the relief of Patterson and Witmer, rela¬ 
 tive to the Manheim and Lebanon Turnpike Company to the claim 
 of Thomas Maguire, authorizing certain Corporations to subscribe 
 stock to the Philadelphia, Easton and Water-Gap Railroad Com¬ 
 pany,” and for other purposes. Approved the sixth day of May, 
 one thousand eight hundred and fifty-two, as the same remains on 
 file in this office. 
 
 In testimony whereof , I have hereunto set my hand and caused the 
 Seal of the Secretary’s Office to be affixed, at Har- 
 [seal.] risburg, this sixth day of May, one thousand eight 
 hundred and fifty-two. 
 
 E. S. GOODRICH, 
 Deputy Secretary of the Commonwealth . 
 
A SUPPLEMENT 
 
 Votes. 
 
 Election of Di¬ 
 rections by Cor¬ 
 porations. 
 
 Interest on in¬ 
 stalments paid 
 on stock. 
 
 To an Act, entitled, “ An Act to Incorporate the Philadelphia , 
 Easton and Water-Gap Railroad Company,” approved the 
 eighth day of April, Anno Domini, one thousand eight 
 
 hundred and fifty-two . 
 
 Section 1. Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania in General Assembly 
 met, and it is hereby enacted by the authority of the same, That the 
 number of votes to which each Stockholder in the Philadelphia, 
 Easton and Water-Grap Railroad Company, shall be entitled, shall 
 be according to the number of shares held, in the proportion follow¬ 
 ing, that is to say ; for each share, not exceeding five hundred shares, 
 one vote; for every five shares above five hundred, and not exceed¬ 
 ing one thousand shares, one vote; for every ten shades above one 
 thousand shares one vote; and any Corporation that shall be 
 possessed of five thousand shares or more in the capital stock of the 
 Philadelphia, Easton and Water-Grap Railroad Company, shall, in 
 lieu of voting at the general elections of said Company, be entitled 
 to elect, by the constituted authorities thereof, one Director for each 
 and every five thousand shares held by said Corporation ; Provided, 
 That no Corporation shall elect more than two Directors, and that a 
 majority of the Board of Directors shall at all times be elected by 
 the private Stockholders; and if at any time Corporations shall be 
 entitled, under this provision, to more than five Directors, then the 
 number of Directors to which such Corporations may be entitled shall 
 be reduced in such manner as shall be determined upon by the Direc¬ 
 tors in office. 
 
 Section 2. That the President and Directors of said Company 
 shall have the power, if it shall be deemed expedient to exercise the 
 same, to contract to pay to the Stockholders in said Company, at 
 such times as said President and Directors, or a majority of them 
 shall designate, interest at the rate of six per centum per annum on 
 all' shares or instalments paid on the shares of said stock till the 
 said railroad shall be completed; and the profits or earnings of the 
 said railroad, within the same time, shall be credited to the cost of 
 construction; and all interest paid shall be charged to the cost of 
 construction: Provided, That interest shall not be paid on any 
 
11 
 
 shares of stock upon which any instalment, which has been duly 
 
 called for, remains unpaid: Provided , further , That the stock of Excmptionfroin 
 
 said Company shall not he subject to any tax in consequence of the tax ‘ 
 
 payment of the interest hereby authorized, nor until the net earnings 
 
 shall realize at least six per centum per annum upon the capital 
 
 invested. 
 
 Section 3. That for the purpose of enabling said Company to 
 extend, complete and equip their railroad, or a branch railroad frohi 
 the main line thereof to the New York State line, at any point east state 
 
 of Bradford county, as hereby authorized, said Company, in addition line - 
 to the powers and privileges heretofore granted, shall have power 
 and authority to borrow such sum of money as may be deemed necessary Power to bor- 
 
 . . _ . . row money. 
 
 to carry into effect the intent and meaning ot this section, subject to 
 all the provisions and restrictions, not inconsistent herewith, of the 
 act incorporating said Company, approved the eighth day of April, 
 
 A. D. one thousand eight hundred and fifty-two. 
 
 Section 4. That so much of any act of Assembly as is altered or 
 supplied by this act, is hereby repealed. 
 
 W. P. SCHELL, 
 
 Speaker of the House of Representatives. 
 
 THOS. CARSON, 
 
 Speaker of the Senate. 
 
 Approved this 25th day of January, A. D. one thousand eight 
 'hundred and fifty-three. 
 
 WM. BIGLER. 
 
 Pennsylvania , ss. 
 
 I do hereby certify , that the foregoing and annexed is a true and 
 correct copy of an act of the General Assembly of this Common¬ 
 wealth, entitled, “A supplement to an act, entitled, ‘An act to 
 incorporate the Philadelphia, Easton and Water-Gap Railroad Com¬ 
 pany, approved the 8th day of April, 1852,’ ” and which is now on 
 file in this office. 
 
 In testimony whereof , I have hereunto set my hand, and caused 
 the seal of the Secretary’s Office to be affixed, 
 [seal.] this t we nty-fifth day of January, A. D. 1853. 
 
 F. W. HUGHES, 
 Secretary of the Commonwealth. 
 
Digitized by the Internet Archive 
 in 2017 with funding from 
 
 University of Illinois Urbana-Champaign Alternates 
 
 https://archive.org/details/actofincorporati00phil_1 
 
A FURTHER SUPPLEMENT 
 
 To an Act, entitled, “ An Act to Incorporate the Philadelphia, 
 
 Easton and Water-Gap Railroad Company,” approved the 
 eighth day of April, one thousand eight hundred and 
 fifty-two. 
 
 Section 1 . Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania in General Assembly 
 met, and it is hereby enacted by the authority of the same, That the 
 fourth section of an act, entitled, “ An Act for the relief of Patter- m , 
 
 Typographical 
 
 son and Witmer, relative to the Manheim and Lebanon turnpike correction, 
 company, to the claim of Thomas Maguire, authorizing certain cor¬ 
 porations to subscribe stock to the Philadelphia Easton and Water 
 Gap Railroad Company, and for other purposes,” approved the sixth 
 day of May, one thousand eight hundred and fifty-two, shall be and 
 hereby is so amended that the word “ districts” shall be substituted 
 for the word u townships” wherever it occurs in said section : and 
 the provisions of said fourth section, subject to the stipulations 
 contained in the first section of an act supplementary to an act 
 incorporating said company, approved the twenty-fifth day of 
 January, one thousand eight hundred and fifty-three, are hereby Power to sub¬ 
 extended to the several counties and to the municipal and other extended 1 "to^n 
 corporations within the said several counties, (except the Borough ^taTncounties 
 of Easton, in the County of Northampton, and except also the 
 Counties of Lehigh, Northampton, Bucks, and Luzerne,) into or 
 through which the Philadelphia, Easton and Water Gap Railroad 
 may pass; and it shall be lawful for said company to locate and unre ‘ 
 
 construct their railroad, by the most advantageous route, without 
 regard to any intermediate or contiguous county line; Provided, 
 
 That the additional power hereby granted shall only authorize said 
 company to locate and construct their railroad, if it shall be deemed Right to locate 
 expedient so to do, into or through any county next adjoining either counties ™ 8 
 of the counties within which said company are restricted by limita¬ 
 tions heretofore imposed. 
 
Connections Section 2. That said Company are hereby authorized to connect 
 
 with other Rail- . r ^ , 47 i . 
 
 roads. their Railroad with any other Railroad now constructed, or which 
 
 may hereafter be constructed, at either end, or at any intermediate 
 point on the line thereof, in such manner as may be deemed most 
 convenient and advantageous in each and every case. 
 
 W. P. SCHELL, 
 
 Speaker of the House of Representatives. 
 
 THOS. CARSON, 
 
 Speaker of the Senate. 
 
 Approved the 29th day of March, one thousand eight hundred 
 and fifty-three. 
 
 WM. BIGLER. 
 
 SECRETARY’S OFFICE. 
 
 Pennsylvania, ss . 
 
 I do hereby certify that the foregoing and annexed is a true 
 and correct copy of An Act of the General Assembly of this Com¬ 
 monwealth, entitled, u A further supplement to an act entitled, c An 
 Act to incorporate the Philadelphia, Easton and Water-Gap Railroad 
 Company,’ approved the 8th day of April, 1852,” and which act was 
 approved the 29th day of March, 1853, and is now on file in this 
 office. 
 
 In testimony whereof , I have hereunto set my hand and affixed 
 the seal of the Secretary’s Office at Harrisburg, 
 [seal.]. this thirty-first day of March, one thousand eight 
 hundred and fifty-three. 
 
 E. S. GOODRICH, 
 
 Deputy Secretary of the Commonwealth. 
 
Right to assume , in lieu of present title , the name of 
 
 “THE NORTH PENNSYLVANIA RAILROAD COMPANY.” 
 
 Section 11. That the name, style and title of “ The Philadelphia, power to 
 Easton and Water-Gap Railroad Company,” be, and the same is 
 hereby changed to, and said corporation shall hereafter be known by, 
 the name of “The North Pennsylvania Railroad Company,” with 
 all the rights, privileges and immunities, and subject to all the pro¬ 
 visions and penalties, provided for and enjoined by the act incorpo¬ 
 rating said company, and the several supplements thereto ; Provided , 
 
 That this section shall not take effect until first approved by the 
 Board of Directors of said Philadelphia, Easton and Water-Gap 
 Railroad Company, and if not so approved on or before the first day 
 of January, one thousand eight hundred and fifty-four, it shall there¬ 
 after be adjudged null and void. 
 
 SECRETARY’S OFFICE. 
 
 Pennsylvania, ss. 
 
 I do hereby certify the foregoing to be a true and correct copy of 
 section eleven, of the original act of the General Assembly, entitled, 
 An Act relative to the Estate of Alexander Symington, deceased, 
 incorporating the Kingsessing and Philadelphia Railroad Company, 
 authorizing the Select and Common Councils of the City of Phila¬ 
 delphia to alter certain Wharf Lines on the River Schuylkill, to 
 confirm the title to certain real estate in the District of Spring 
 Garden, in the County of Philadelphia, authorizing the Commission¬ 
 ers of the District of Southwark, in the County of Philadelphia, to 
 borrow money for the building of wharves and piers, and changing 
 the name of the Philadelphia, Easton and Water-Gap Railroad 
 Company; approved the eighteenth day of April, A. D., one thou¬ 
 sand eight hundred and fifty-three, as the same remains on file in 
 this office. 
 
 In testimony whereof , I have hereunto set my hand, and caused 
 the seal of the Secretary’s Office to be hereto affixed, 
 [seal.] at Harrisburg, this twentieth day of June, A. D., 
 one thousand eight hundred and fifty-three. 
 
 E. S. GOODRICH, 
 
 Deputy Secretary of the Commonwealth. 
 

 
 
 
 
 
 
 
 ■ 
 
 
 
 
 * y 
 
 ' 
 
 . 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
At a Meeting of the Board of Directors of the Philadelphia, 
 Easton and Water Gap Railroad Company, held the 3d of October, 
 1853, it was on motion of John Jordan, Jr., 
 
 Resolved , That section eleven of an Act, entitled “ An Act 
 relative to the estate of Alexander Symington, deceased,” and for 
 other purposes, approved the eighteenth day of April, A. D. 1853, 
 he, and the same is hereby approved, and that in pursuance of the 
 provisions of said eleventh section of the Act aforesaid, this Com¬ 
 pany shall hereafter be known by the name of “ The North Pennsyl¬ 
 vania Railroad Company 
 
 Extract from the Minutes. 
 
 Edward Armstrong, Secretary. 
 
GENERAL RAILROAD LAW OF PENNSYLVANIA. 
 
 AN ACT REGULATING RAILROAD COMPANIES. 
 
 Section 1. Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania in General Assembly 
 met , and it is hereby enacted by the authority of the same , That 
 ■whenever a special act of the General Assembly shall hereafter be 
 passed, authorizing the incorporation of a Company for the construc¬ 
 tion of a Railroad within this Commonwealth, the Commissioners Commissioners, 
 named in sucb act, or any five of them, shall have power to open 
 books for receiving subscriptions to the capital stock of sucb Com- Subscriptions, 
 pany, 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 desig¬ 
 nated 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 to subscribe, an opportunity 
 of so doing ; and it shall be lawful for all such persons, and for all who may sut _ 
 firms and copartnerships, by themselves or by persons duly author- scnbe - 
 ized, 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 special act 5 and if at the expira¬ 
 tion of three days, the books aforesaid 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 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 Paymcnt 
 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, 
 
14 
 
 Letters patent. 
 
 Privileges. 
 
 By-laws. 
 
 Equipments. 
 
 Real Estate. 
 
 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 Gover¬ 
 nor shall, by letters patent, under his hand and the seal of the 
 Commonwealth, create and constitute the subscribers, and if the 
 subscription be not full at the time, those who shall thereafter sub¬ 
 scribe to the number of shares aforesaid, their successors and assigns, 
 into a body politic and corporate, in deed and in law, by the name, 
 style and title, designated by the special act of Assembly; and by 
 the said name, style and title, the said subscribers shall have perpe¬ 
 tual succession, with all the privileges, franchises and immunities 
 incident to a corporation, and be able to sue and be sued, plead and 
 be impleaded, in all courts of record and elsewhere, and to purchase, 
 receive, have, hold, use and enjoy to them and their successors, 
 goods, chattels and estate, real and personal, of what kind and nature 
 soever, and the same from time to time, to sell, exchange, mortgage, 
 grant, alien, or otherwise dispose of, and to make dividends of such 
 portion of the profits as they may deem proper; and also to make 
 and have a common seal, and the same to alter and renew at plea¬ 
 sure, and also to ordain, establish and put in execution, such by¬ 
 laws, ordinances and regulations as shall appear necessary or conve¬ 
 nient 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 con¬ 
 strued as in any way giving, to such corporation, any banking privi¬ 
 leges whatever, or any other liberties, privileges, or franchises but 
 such as may be necessary or convenient to the procuring, owning, 
 making, maintaining, regulating and using their railroad, the loco¬ 
 motives, machinery, cars and other appendages thereof, and the con¬ 
 veyance of passengers, the transportation of goods, merchandise and 
 other commodities thereon : And provided further , That such Com¬ 
 pany shall not purchase or hold any real estate, except such as may 
 be necessary or convenient for the making and constructing of their 
 Railroad, or for the furnishing of materials therefor, and for the 
 accommodation of depots, offices, warehouses, machine shops, toll 
 houses, engine and water stations, and other appropriate appurte¬ 
 nances, and for the persons and things employed, or used in and 
 about the same. 
 
15 
 
 Section 3. That the Commissioners named as aforesaid, or such 
 of them as shall have acted, shall as soon as conveniently may be 
 after the said letters patent shall he obtained, appoint a time and 
 place for the subscribers to meet, to organize the Company, and shall Organization, 
 give at least two weeks’ notice thereof in the manner provided for 
 in the first section of this act; and the said subscribers, when met, 
 shall elect, by a majority of the votes present, to be given in person 
 or by proxy, a President and twelve Directors, the President and a 
 majority of whom shall be resident citizens of this Commonwealth, 
 and shall be owners respectively of at least three shares in the stock 
 of such Company; and the said President and Directors shall con¬ 
 duct 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 re¬ 
 signation, death, or removal of the President, the Directors shall, 
 by a majority of votes, supply the vacancy until the next annual vacancy, 
 election. 
 
 Section 4, That the Stockholders of such Company shall 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 Action 
 two weeks previously by the Secretary, in the manner before men¬ 
 tioned, and choose, by a majority of the votes present, a President and 
 twelve directors qualified as aforesaid, for the ensuing year, -who shall 
 continue in office until the next annual election, and until others are 
 chosen j at which annual meeting the said Stockholders shall have 
 full power and authority to make, alter or repeal, by a majority of 
 votes given, any or all such by-laws, rules, orders and regulations as 
 aforesaid, and do and perform every other corporate act authorized 
 by their charter; the Stockholders may meet at such other times and 
 places as they be summoned by the President and Directors, in such 
 manner and form, and giving such notice as may be prescribed by 
 the by-laws; and the President, on the request in writing of any 
 number of Stockholders representing not less than one-tenth in in¬ 
 terest, shall call a special meeting, giving the like notice, and sta- Special meeting, 
 ting specifically the objects of the meeting ; and the objects stated 
 in such notice, and no other, shall be acted on at such special 
 meeting. 
 
 Section 5. The elections for Directors provided for in this act, E]eetiong hoyr 
 shall be conducted as follows, to wit: at the first election the Com- conducte ^ 
 missioners shall appoint three Stockholders to be judges of the said 
 
16 
 
 Powers. 
 
 Quorum. 
 
 Minutes. 
 
 Officers. 
 
 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 Commis¬ 
 sioners and Directors, shall not be eligible to an election as a Director 
 at said election, and shall respectively take and subscribe an oath or 
 affirmation, before an alderman or justice of the peace, well and truly 
 and according to law, to conduct such election to the best of their 
 knowledge and ability; and the said judges shall decide upon the 
 qualifications of voters, and when the election is closed, shall 
 count the votes, and declare who have been elected ; and if at any 
 time it shall happen that an election of Directors shall not be made 
 at the time specified, the corporation shall not for that reason be dis¬ 
 solved ; but it shall be lawful to hold and make such election of Di¬ 
 rectors, on any day within three months thereafter, by giving at least- 
 ten days’ previous notice of the time and place of holding said elec¬ 
 tion in the manner aforesaid; and the Directors of the preceding 
 year shall in that case continue in office, and be invested with all 
 powers belonging to them as such, until others are elected in their 
 stead; in case of the death or resignation of a Director, or a failure 
 to elect in case of a tie vote, the vacancy may be filled by the Board 
 of Directors; at all general meetings or elections by the Stock¬ 
 holders, 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 with- 
 ia 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 re¬ 
 ceived, or entitle the holder to vote, unless the same shall bear date, 
 and have been duly executed within the three months next preceding 
 such election or general meeting. 
 
 Section 6 . That the President and Directors of such Company, 
 for 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 
 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. tern.; 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 
 
17 
 
 in the management of the affairs and business of said corporation, 
 at such times, in such manner, and under such regulations as they 
 may from time to time determine j they shall fix the amount of the 
 salaries and wages of such officers and persons employed by them, salaries, 
 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 CerUficates of 
 first chosen, shall procure certificates or evidences of stock for all the 
 shares of such Company, and shall deliver one or more certificates 
 or evidences, signed by the President, countersigned by the Treas¬ 
 urer, and sealed with the common seal of the corporation, to each 
 person or party entitled to receive the same, according to the num¬ 
 ber of shares by him, her, or them respectively subscribed or held ; 
 which certificates or evidences of stock shall be transferable at the Transferable, 
 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 corporation, and have and enjoy all the immunities, 
 privileges and franchises, and be subject to all the liabilities, con¬ 
 ditions and penalties incident thereto, in the same manner as the 
 original subscriber would have been : Provided , That 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 dis¬ 
 charging any liabilities or penalties theretofore incurred by the owner 
 thereof. 
 
 Section 8 . The Capital Stock of such Company shall be divided Capital gtoek 
 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, instalment, 
 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 ap¬ 
 pointed 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, 
 
 2 
 
18 
 
 lerfciture. 
 
 Dividends. 
 
 Liability of 
 rectors. 
 
 Lc cation. 
 
 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, 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 afore¬ 
 said, or the Directors may, at their option, cause suit to be brought 
 before any 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 
 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 special meeting of the Company, on whose 
 share or shares any instalment or arrearages may be due more than 
 thirty days next preceding said election or meeting: Provided ,, That 
 no forfeiture of stock shall release or discharge the owner thereof 
 from any liabilities or penalties incurred prior to the time of such 
 forfeiture. 
 
 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 office of such Company, at any time after the expi¬ 
 ration 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 
 i- 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 declared, shall be con¬ 
 sidered as consenting thereto, unless he forthwith enter his protest 
 on the minutes of the Board, and give public notice to the Stock¬ 
 holders of the declaring of such dividend. 
 
 Section 10. That the President and Directors of such Company 
 shall have power and authority by themselves, their engineers, super¬ 
 intendents, 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 
 
19 
 
 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, turnouts, 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 such bridges, viaducts, turnouts, sidelings, or 
 other devices as they may deem necessary or useful between the 
 points named in the special act incorporating such Company, com¬ 
 mencing at or within, and extending to or into any town, city or May extend into 
 
 ° J J any town, city 
 
 village, named as the place of beginning or terminus of such road; or village, 
 and in like manner, by themselves, or other persons by them ap¬ 
 pointed 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 appurte- Jian? and mate * 
 nances hereinbefore mentioned may be located, or which may be 
 necessary or convenient for the erection of the same, or for any pur¬ 
 pose necessary or useful in the construction, maintenance or repairs 
 of said Railroad, and therein and thereon to dig, excavate and em¬ 
 bank, make, grgde, and lay down and construct 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 Railroad, 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 buildings, which 
 may be required for the use, maintenance or repairs of said Railroad : 
 
 Provided , That before such Company shall enter upon or take pos¬ 
 session of any such lands or materials, they shall make ample com- Security, 
 pensation to the owner or owners thereof, or tender adequate security 
 therefor: Provided further , That the timber used in the construc¬ 
 tion or repair of said Railroad, shall be obtained from the owner Timber - 
 thereof, only by agreement or purchase : And provided further , That 
 whenever any Company shall locate its road in and upon any street Occupation of 
 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, tb 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 
 e . , . . , 0 ascertained and 
 
 owner or owners ot any lands or materials, tor the compensation adjusted. 
 
20 
 
 proper for the damage done or likely to he done to, or sustained by 
 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 discreet 
 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 pre¬ 
 mises 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 ma¬ 
 terials, in consequence of the making or opening of said Railroad, 
 and of the construction of works connected therewith ; and after 
 having made a fair and just comparison of said advantages and dis¬ 
 advantages, 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 confirmed 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 pre¬ 
 scribed, 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 
 
21 
 
 or way, it shall be the duty of the President and Directors of the 
 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 accommodation 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 causeways, whenever Causeways, 
 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 said Company shall To be kept in 
 neglect or refuse, on request, to make such causeway or causeways, g00d repair ’ &c - 
 or when made, to keep the same in good order, the said Company 
 shall be liable to pay any person aggrieved thereby, all damages sus¬ 
 tained by such person in consequence of such neglect or refusal; 
 such damages to be assessed and ascertained in the same manner as 
 provided in the last section for the assessment of damages : Provided , 
 
 That the said Company shall, 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 accommodation 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 possessing land through which the said public road may pass, 
 shall not be entitled to require the Company to erect or keep in re¬ 
 pair any causeway or bridge for the accommodation of the occupant 
 of said land. 
 
 Section 13. That if any such Railroad Company shall find it Change of loca- 
 necessary to change the site of any portion of any turnpike or public 
 road, they shall cause the same to be re-constructed forthwith at 
 their own proper expense, on the most favorable location, and in as 
 perfect a manner as the original road : Provided , That the damages 
 incurred in changing the location of any road authorized by this sec¬ 
 tion, 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, SorviceofFro _ 
 the service of process on the President, Secretary, Treasurer, Engi- cess - 
 neer, Agent or any Director of the same, shall be good and available 
 in law; but no suit or action shall be prosecuted by any person or 
 persons, for any penalties incurred under this Act, unless such suit 
 or action shall be commenced within two years next after the offence 
 
22 
 
 Penalty for mi; 
 demeanor. 
 
 committed or cause of action accrued j and the defendants in such 
 suit or action may plead the general issue, and give this act and the 
 special matter in evidence, and that the same was done in pursuance 
 and by authority of this act. 
 
 Penalty for com- Section 15. That if any person or persons shall wilfully and 
 Sworki 5 n ic ries knowingly break, injure or destroy, any Railroad authorized by spe¬ 
 cial Act of Assembly, or any part thereof, or any edifice, device, 
 property or work, or any part thereof, or any machinery, engine, 
 car, implement or utensil, erected, owned or used by such Company, 
 in pursuance of this Act, he, she or they so offending, shall forfeit 
 and pay to such Company, three times the actual damage so sustain¬ 
 ed, to be sued for and recovered with full costs, before any tribunal 
 having cognizance thereof, by action in the name and for the use of 
 the Company. 
 
 Section 16. That if any person or persons shall wilfully and ma¬ 
 liciously remove or destroy any part of the road, property, buildings 
 or other works, belonging to such Company, or place, designedly and 
 with evil intent, any obstruction on the line of such Railroad, so as 
 to jeopard the safety or endanger the lives of persons traveling on or 
 over the same, such person or persons so offending, shall be deemed 
 guilty of a misdemeanor, and shall on conviction be imprisoned in 
 the county jail or penitentiary, at the discretion of the court, for a 
 term not more than three years : Provided , That nothing herein con¬ 
 tained shall prevent the Company from pursuing any other appro¬ 
 priate remedy at law in such cases. 
 
 Section 17. That at each annual meeting of the Stockholders of 
 any such Company, the President and Managers of the preceding 
 year shall exhibit to them a full and complete statement of the affairs 
 and procedings of the Company for such year, with all such matters 
 as shall be necessary to convey to the Stockholders a full knowledge, 
 of the condition and affairs of said Company; and the said President 
 and Directors of every such Company shall, whenever required, fur¬ 
 nish to the Legislature, or either branch thereof, a full and authentic 
 report of their affairs and transactions, or such information relating 
 thereto as may be demanded of them. 
 
 Section 18. That upon the completion of any Railroad authorized 
 as aforesaid, the same shall be esteemed a public highway for the 
 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 Rail¬ 
 road, as the President and Directors may prescribe and direct: Pro - 
 
 Statement of af¬ 
 fairs, &c. 
 
 Public high¬ 
 ways. 
 
23 
 
 vided, That the said Company shall have the exclusive control of the 
 motive power, and may from time to time establish, demand and re " Motive power 
 ceive such rates of toll, or other compensation, for the use of such 
 road and of said motive power, and for the conveyance of passengers, 
 the transportation of merchandize and commodities, and the cars, or 
 other vehicles containing the same, or otherwise passing over or on 
 the said Railroad, as to the President and Directors shall seem rea¬ 
 sonable : Provided however nevertheless , That said rates of toll and 
 motive power charges so to be established, demanded or received, TolJ 
 when the cars used for such conveyance or transportation, are owned 
 or furnished by others, shall not exceed two and one half cents per 
 mile for each passenger, three cents per mile for each ton of two 
 thousand pounds of freight, three cents per mile for each passenger 
 or baggage car, and two cents per mile for each burden or freight 
 car, every four wheels being computed a car; and in the transpor¬ 
 tation of passengers, no charge shall be made to exceed three cents 
 per mile for through passengers, and three and a half cents per mile 
 for way passengers. 
 
 Section 19. That if any Company incorporated as aforesaid, shall commencement 
 not commence the construction of their proposed Railroad within of roa!i mpleUou 
 three years, and complete and open the same for use, with at least 
 one track, within the term prescribed by the special act authorizing 
 the same, or if after completion the said Railroad shall be suffered 
 to go into decay, and be impassable for the term of two years, then 
 this charter shall be null and void, except so far as to compel the 
 said Company to made reparation for damages. 
 
 Section 20. That if any Company incorporated as aforesaid, shall Reservatlon- 
 at any time misuse or abuse any of the privileges granted by this 
 act, or by the special act of incorporation, the Legislature may re¬ 
 voke all and singular the rights and privileges so granted to such 
 Company ; and the Legislature hereby reserves the power to resume, 
 alter or amend any charter granted under this act, and take for 
 public use any road constructed in pursuance of such charter : Pro - compensation. 
 vided , That in resuming, altering, or amending said charters, no in¬ 
 justice shall be done to the corporators; and that in taking such 
 roads for public use, full compensation shall be made to the Stock¬ 
 holders. WILLIAM F. PACKER, 
 
 Speaker of the House of Representatives . 
 
 GEORGE DARSIE, 
 
 Speaker of the Senate. 
 
 Approved—The nineteenth day of February, one thousand eight 
 hundred and forty-nine. WM. F. JOHNSTON. 
 
I