SLn r TO REPEAL THE STATE TAX ON REAL AND PERSONAL PROPERTY, AND TO CONTINUE AND EXTEND THE IMPROVEMENTS OF THE STATE AND TO CHARTER A STATE BANK TO BE CALLED THE UNITED STATES BANK, HARRISBURG: PRINTED BY THEO. FBNN. , 1836 . ji *08 Cominffrc04 • ' 1 PENNSYLVANIA LEGISLATURE. HOUSE OF REPRESENTATIVES, Wednesday, February 24 , J 836 . A motion was made by Mr. Reed, and read as follows: comn;=.;ir^ Is an important era m our legislative history: ’ TOi"! «“• »"~- Iherefore, ;KS .p',;: '.'""“tTt-A: K:* .^ir. S; movement rf th'’e7arV'’‘’‘’-‘i''‘^!,‘“ On motion, >0000004 CNl Met tinue and^^tend the imV^vlmemroTthe^ta^e a aay Of March, m the year one thousand eight hundred and fhi,-/v one, respectively, entitled “An act assessing ?* ^ «To7The‘cjLrottlvtnd''^ of faxes assess^ bdorfthrSt daroTo^h" T 4 Section 0,. The present stockiiolders of the bank oF the United States, excepting the United States, and the Treasurer of the United States, and such other persons as may become stockholders agreea- bly to the by-laws made for that purpose, to an amount not exceed- ing in the whole the present capital of the said bank, their succes- sors and assigns, be and are liereby created a corporation and body politic, by the name and style of “-the president, directors and company of the bank of the United States,” and shall so continue until the third day of March, in the year one thousand eight hun- dred and sixty- six 5 and by that name shall be and are hereby made capable in law, to have, purchase, and receive, possess, enjoy and retain, to them and their successors, lands, rents, tenements, here- ditaments, goods, chattels, and effects, of whatsoever kind, nature and quality, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, to use a common seal, and the same to alter and renew, and to make such by-laws and ordinances as they shall deem necessary, not being contrary to this act, the constitution of the United States, or to the constitution and laws of this Common- wealth; and also to prescribe rules for the transfer of the stock of said corporation, and generally to do all the 'acts which to them it shall or may appertain to do, and to enjoy the same privileges and authority given by law to any bank within this Commonwealth, subject to the rules and restrictions hereinafter prescribed. Section 3. For the management of the affairs of the said cor- poration, there shall be annually elected at the banking house, in the city of Philadelphia, on the first Monday in January in each year, by a plurality of votes, which shall be given by the qualified stockholders of the said bank in person or by proxy, twenty direc- tors, who shall be capable of serving for one year, and who shall, at the first meeting after their election in each year, proceed to elect one of their directors to be the president of the corporation, who shall hold the said office during the same period for which directors are elected; but if an election of directors or of the pre- sident should not be made on that day, the said corporation shall not for that cause be dissolved, but it shall be lawful at any other time to hold such elections; and until such elections be made, the directors and president for the time being shall continue in office; and incase of the death or resi^ation of the president, the direc- tors shall elect another president from their own number; and in case of the death or resignation of a director, the vacancy may be supplied by the remaining directors. SfeoTioN 4. The following shall be the fundamental articles of the said corporation; to wit: Artiale 1. None but a stockholder who is a citizen of the O/ o United States shall be a director or vote at an election for direc- tors, either in person or by proxy; and all proxies shall be dated within sixty days before the day of each election. The number of votes to which each stockholder shall be entitled in vot- ing for directors shall be as follows: for one share and not more than two shares, one vote; for every two shares above two, and not exceeding ten shares, one vote; for every four shares above ten, and not exceeding thirty, one vote; for every six shares above thirty, and not exceeding sixty, one vote; for every eight shares above sixty, and not exceeding one hundred, one vote; but no per- son, copartnership, or body politic, shall be entitled to a greater number than thirty votes; and after the first election, no share or shares shall confer a right of voting, unless the same shall ha%e been held three calender months before the day of election. Article 2. Not more than three fourths of the directors who shall be in office at the time of an annual election, shall be elected for the succeeding year, and no director shall hold his office for more than three years out of four in succession, but the director who shall be the president may always be re-elected; and previous to each election of directors, the board of directors shall appoint three stockholders, not directors, to be judges of the election, who shall conduct and regulate the same, after having severally taken and subscribed an oath or affirmation, before some justice of the peace or alderman, well and faithfully and lawfully to conduct the election, and who, after the conclusion of the ballot, shall decide and openly declaie who are chosen directors for the ensuing year. No director of any other bank shall be at the same time, a direc- tor of this bank; nor shall the Governor, or any executive or judi- cial officer of this commonwealth, or member of congress, or of the state legislature, be a director. Article IIL Not less than seven directors shall constitute a board for the transaction of business, of whom the president shall always be one, except in the case of sickness or necessary absence, in which case his place may be supplied by any other director whom he by writing under his hand, shall depute for that purpose; and in case the president shall not so depute, the board of direc- tors may elect a director to act during the absence of the president. Article JV. A general meeting of the stockholders for purposes relative to the institution, may at any time be called, either by the board of directors, or by sixty or more stockholders owning one thousand or more shares of the capital stock, on giving at least six weeks notice in two public newspapers, published in the city of Philadelphia, and specifying in such notice the object or objects of such meeting. And their shall be a general meeting of the stock- 6 Uoidcrs at the banking house, in the city of Philadelphia, on the iirst Monday of January in every year, at which time the direc- tors shall lay before them a general and particular statement of the affairs of the company. Jh'hcle The lands, tenements, and hereditaments which it shall be lawful for the said corporation to hold, shall be only such as shall be requisite for its immediate accommodation in transact- ing its business, and such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts ]>reviously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts, or purchased for the purpose of securing such debts. Tlie said corporation shall not directly or indirectly, deal or trade in any thing except bills of exchange, gold and silver bullion, or in t!ie sale of goods really and truly pledged for money lent and not redeemed in due time ; — or goods which shall be the proceeds of its lands. Neither shall it make any loan to any foreign prince or vState unless previously authorized by law. The said corporation shSiW not be at liberty to purchase any stock whatever, except their own stock, treasury notes, or public stocks created by the govern- ment of the United States, or of this state, or stock of, or loans to any of t!ie incorporated companies of this state, for the con- struction and improvement of roads, bridges, canal or inland nav- igation, or other stocks which may be bona fide pledged as securi- ty for debts to the bank, and not duly redeemed. ArlicJe VI. The rate of discount at which loans may be made bv said bank within this commonwealth, shall not exceed one hal f of one per centum for thirty days. And the notes and bills w'hich shall be issued by order of said corporation, or under its authority, shall be binding upon it, and those made payable to order shall be assignable by endorsement, but none shall be issued of a denomi- nation less than ten dollars ; and if the bank shall neglect or re- fuse to pay its notes, or bills or moneys deposited when due, on de- mand made at the bank during banking hours, the person or per- sons entitled to the same shall receive interest thereon at the rate of twelve per cent, a year until payment be made. And the notes of the corporation in circulation shall never exceed the capital ac- tuall V paid in. The total amount ofdebts which the said corporation mav at any time owe, whether by bond, note or other contract, ex- cepting the amount of money due to depositors, shall not at any time exceed double the amount of capital stock actually paid in, and in case of excess, the directors under whose administration it shall happen, shall be liable in their individual capacities, and an uction of debt may in such case be brought against them, or any ot 7 or any of their heirs, executors or administrators, in any court having competent jurisdiction, by any creditor or creditors of such corporation, and may be prosecuted to judgment and exe- cution, any condition, covenant or agreement to the contrary not- withstanding : but this shall not be construed to exempt the said corporation, or the lands, tenements, goods and chattels of the same, from being also liable for, and chargeable with the said ex- cess. Such ot the said directors as may have been absent when the said excess was contracted or created, shall not be considered ns consenting thereto, or liable therefor, and those who may have dissented from the resolution or act whereby the same was so con- tracted or created, and who shall enter their dissent upon the min- utes of the board, may exonerate themselves from being so liable, bv forthwith giving notice of the fact to the stockholders at a ge- neral meeting, which they shall have power to call for that pur- pose. .Article VIT. If the sa71 bank should at any time refuse to pay any of its notes, bills, obligations, or deposited moneys, in gold or silver, then, at or after the expiration of three months from the time of the first refusal of said bank to pay as aforesaid, it shall and may be lawful for the holder or proprietor of the same, to make ap- plication in writing to any judge of any court in the proper county, to allow him or her to make proof of said refusal on oath or affir- mation, by one or more disinterested witness or witnesses, before said judge, whose duty it shall be to give at least ten days notice to the president or cashier of said bank, of the time and place of making such proof, in ordei* that an opportunity may be afiorded for rebutting the same by testimony; and if the facts be substan- tiated, it shall be the duty of the said judge to reduce the same to writing, and to transmit the same to the Governor. And it shall be the duty of the Governor, immediately on the receipt of the written proof above specified, to issue his proclamation, declaring the charter of the bank to be forfeited. And from and after the tcntii day of the date of the said proclamation, the charter of the «ai(l bank shall be absolutely null and void, and of no effect v/hat- soever — except that the said bank shall be liable in its corporate capacity, for the fulhlment of all contracts previously made and entered into by it; and the stockholders thereor shall have power to elect directors as usual, and be capable of compelling the fulfil- ment of any contract entered into witli said bank, previously to the (late of the said forfeiture. Ariide VIIL Dividends of so much of the profits as the direc- tors may deem advisable, shall be declared twice a year, on the first AJEoiulays of January and July in each year, and paid to the siocV 9 8 huldeis on demand at any time after the expiration of ten days tlierefrom. But such dividends shall in no case exceed the amount of the nett profits, actually acquired by the bank, so that the capital stock of the said bank shall never thereby be impaired. If the directors of the bank shall make any dividend which shall im- pair the capital stock of said bank, the directors consenting there- to shall be liable in their individual capacities to such corporation for the amount of the stock so divided; and each director present, when such dividend shall be made, shall be adjudged to be con- senting thereto, unless he forthwith enter his protest on the min- utes of the board, and give public notice to the stockholders, of the declaring of such dividend. Article IX. The salary of the president shall be established and allowed by the stockholders at a general meeting, and no compen- sation shall be allowed to any person for his services as a director. The board of directors shall appoint a cashier, and such other offi- cers, clerks, and persons as shall be necessary for transacting the business of the bank, and shall take from each such security as the by-laws shall prescribe, and shall make to each a just compensa- tion for his services. Article X. The said bank shall make to the Auditor General monthly returns of its condition, shewing the details of its opera- tions, according to the form of the returns the Bank of the United States now makes to the Secretary of the Treasury of the United •States, or according to such form as may be established by law. Section 5. It shall at all times be lawful for a committee of the 3..egislature appointed for that purpose, to inspect the books and examine into the proceedings of the corporation hereby created, and to report whether the provisions of this charter have been by the same abused or violated, or not; and if the officers of said corporation should refuse to be sworn or aflirmed, or give evidence, or to pro- duce all such of their books or papers as 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 reason to believe, that the charter has been violated, it may be law- ful for the legislature to direct, or the Governor to order, a scire facias to be issued out of the Supreme Court of Pennsylvania, in tiie name of the Commonwealth of Pennsylvania, (which shall be executed on the president of the corporation for the time being, at least ten days before the commencement of the term of said court,) calling on said corporation to shew cause wffierefore the cbar1j;er hereby granted shall not be declared forfeited; and it shall be la wful for said court upon the return of said scire fadasy to ex- I 9 amine into the truth of the alleged violation, and if such violation be made to appear, then to pronounce or adjudge that such charter is forfeited and annulled: Provided, however, every issue of fact which may be joined between the commonwealth or the corporation, such issue shall be tried by jury; and on the trial thereof, the com- monwealth sliall have the right to change the venue from the coun- ty of Philadelphia to any adjoining county. And it shall be law- ful for the court aforesaid to require the production of such of the books or papers of the corporation, as it may deem necessary for the ascertainment of the controvei;ted facts, and the final judgment of said court shall be subject to all the usages of law in other cases. Section 6. In consideration of the privileges granted by this act, and in lieu of all taxes on dividends, the said corporation shall pay into the treasury of the commonwealth the sum of two millions of dollars, at such time and in such instalments as the Governor may require: Provided, That at least thirty days notice shall be given by the Governor of the time when each instalment will be required: And provided also, That for all sums the Governor shall' not so require to be paid within three months after the acceptance of this charter by the stockholders, interest at the rate of five per cent, a year shall be paid by the corporation, commencing at the expiration of the said three months, and terminating thirty days be- fore the time fixed for the payment of each sum; and the said cor- poration shall also, whenever required by law, advance on perma- nent loan any sum or sums, not exceeding in the whole six mil- lions of dollars, and for each sum of money so loaned shall receive from the commonwealth a negotiable certificate of stock, reim- bursable on the third day of March, one thousand eight hundred and sixty-eight, transferable at the Bank of Pennsylvania, or such other place as the legislature may hereafter designate, bearing an interest of either four or five per cent, per annum, payable half yearly, at the Bank of Pennsylvania, or such other place as the le- gislature may hereafter designate, as the law requiring such loan may determine; and in case the interest shall be five per cent, shall pay to the commonwealth one hundred and ten dollars in money for each hundred dollars of stock, or if the interest be four per cent, shall pay one hundred dollars in money for each hundred dol- lars of stock; and the said corporation shall be bound, whenever required by law, to advance to the commonwealth, as a temporary loan, any sum of money not exceeding one million ot dollars in any one year, at an interest of four per cent, a year, reimbursable at the pleasure of the commonwealth, within twelve months from the date of the loan; and the said corporation shall further pay to tin surer for the use of the commonwealth, the sum of five h 10 thousand dollars on the third day of March, Anno Domini one thou- sand eight hundred and thirty-seven, and shall pay the further sum of one hundred thousand dollars on the first Monday of June next, and the like sums of one hundred thousand dollars on each suc- ceeding first Monday of June, for nineteen years thereafter, to be added to and paid over with the annual appropriation provided by the commonwealth for common school purposes, and be distributed according to the several laws of this commonwealth regulating the distribution of such appropriations; and the said corporation shall further be bound to subscribe the following sums to the capital stock of the following named companies, if requested so to do by the directors of the said companies, or either ol them, within one year from the passage of this act, namely: To the capital stock of the Baltimore and Ohio rail road company, the sum of two hun- dred thousand dollars; To that of the Williamsport and Elmira railroad company, the sum of two hundred tliousand dollars; To the Monongahela Navigation company, fifty thousand dollars, if the same be incorporated at the opening of the books of subscription for the capital stock thereof, and the further sum of fifty thousand dollars as soon as one hundred thousand dollars subscribed by other persons or bodies corporate shall have'been bona fide expended in the construction of the said work; To the Cumberland Valley rail- road company, one hundred thousand dollars; To the Warren and Pine Grove railroad company, twenty thous;and dollars; To the Warren and Franklin turnpike road company, fifteen thousand dol- lars, if the said companies be incorporated this session of the legis- lature; To the Warren and Ridgeway turnpike road company, five thousand dollars; to the Johnstown and Ligonier turnpike road company, ten thousand dollars, to the Snow Shoe and Packerville turnpike company, twenty thousand dollars; to the Roseburg and Mercer turnpike company, five thousand dollars. All of which subscriptions shall place the said bank on the same footing as to the rights and liabilities with the original subscribers to said com- panies respectively; Provided, That such subscription shall not be made to the stock of the Baltimore and Ohio railroad company until a law of Maryland shall be passed, and assented to by said company, enabling the commonwealth of Pennsylvania, and any company or companies duly authorized by the said commonwealth, to intersect by railroad and unite with the Baltimore and Ohio rail- road, at any point in the state of Maryland; and that the whole amount so to be subscribed by the said bank, shall be appropriated exclusively to the construction of the railroad from Cumberland to Piifc.sburg; and that no payment shall be called for by the directors le Baltimore and Ohio railroad company on account of said 11 subscription, until at least twenty miles of the railroad within the state of Pennsylvania, shall have been bona fide placed under con- tract, and the construction thereof actually begun. Section 7. Six hundred thousand dollars of the amount to be paid into the treasury as aforesaid, shall be appropriated in lieu of the receipts from the state taxes hereby repealed, to pay the inter- est on the public debt, and other just demands upon the common- wealth. Section 8. For the purpose of enabling the several turnpike companies hereinafter mentioned to improve the condition ot said roads, the following sums are specifically appropriated to be paid to the said companies respectively, for the aforesaid mentioned pur- poses, which said sums shall be distributed in the following man- ner: To the Chambersburg and Bedford turnpike road company, the sum of twenty thousand dollars^ to the Somerset and Bedford turnpike road company, twenty thousand dollars; to the Somerset and Mount Pleasant turnpike road company, twenty thousand dol- lars; to the Robbstown and Mount Pleasant turnpike road compa- ny, eight thousand dollars; to the Washington and Williamsport turnpike road company, eight thousand dollars; to the Mount Plea- sant and Pittsburg turnpike road company, five thousand dollars; to the Washington and Pittsburg turnpike road company, fifteen thousand dollars; to the Bedford and Stoystown turnpike road com- pany, ten thousand dollars; to the Stoystown and Greensburg turn- pike road company, twelve thousand dollars; to the Greensburg and Pittsburg turnpike road company, twelve tliousand dollars; to the state road from the White Horse tavern on the top of the Alle- gheny mountain to the Virginia state line in Greene county, nine thousand dollars, one third to be expended by the commissioners of Somerset county, one third by the commissioners of Fayette county, and one third by the commissioners of Greene countv. Section 9. It shall be the duty of the Canal Commissioners to put under contract not less than twenty miles, nor more than fortv miles, of the North Branch division of the Pennsylvania canal, du- ring the ensuing year, commencing at or near the New York state line, towards which the sum of one hundred and fifty thousand dol- lars is hereby specifically appropriated. And the said Canal Com- missioners are hereby further directed to put under contract not less than thirty-six, nor more than sixty miles of the Pennsylvania canal, extending the same by canal or slack water towards the har- bour of Erie, from such point or points as will best advance the interests cf the state, having due regard to distance, lockage, and commercial interests : Provided, That no part of said dis- tance is on the Ohio or Allegheny rivers, towards the completion 12 of wilicli the sum of two hundred thousand dollars is hereby spe- cifica’.Iy appropriated. And the said Canal Commissioners are hereby further authorized and required, without delay, to survey and locate the most advantageous line for a railroad from the bo- rough of Gettysburg, to cross the route of the Baltimore and Ohio railroad, and connect with the Chesapeake and Ohio canal, at some point in the state of Maryland, at or west of Williamsport; and to put under contract not less than twenty nor more than thirty miles thereof, towards which the sum of two hundred thousand dollars is hereby specifically appropriated: Provided^ That no such contract shall be entered into, unless the Baltimore and Ohio railroad com- pany shall have consented to a satisfactory connection of their road with that hereby authorized; and the said Canal Commissioners are hereby required to cause to be surveyed by a competent engineer, the route of a canal and slack water navigation from the head of the West Branch division to the Allegheny river, and if in his opinion a sufficient supply of water cannot be obtained for that purpose, then he shall ascertain the most eligible route for a railroad be- tween the said points, or of a communication partly by canal and partly by railroad, as he may deem most advisable. The said sur- veys to terminate opposite the town of Franklin, Venango county; of which surveys accurate and full reports and estimates shall be made to the said commissioners, and by them laid before the legis- lature at its next session; and for the expense of which, the sum of nine thousand and five hundred dollars is hereby specifically ap- ])ropriated. And the said Canal Commissioners shall also cause to be made by a competent engineer, a survey, estimate and report to the next legislature, ol the practicability and importance of con- structing a railroad from the town of Lewisburg, in Union county, to or near W'ater Street, in Huntingdon county, for which tw'o thousand dollars is hereby specifically appropriated. And the said Canal Commissioners shall also cause to be made by a competent engineer, a survey, estimate and report upon the practicability and importance of connecting by railroad the Pennsylvania canal at or near Freeport, by way of Butler, with the Pennsylvania canal at nr near New Castle, for which the sum of five hundred dollars is here- by specifically appropriated. Section 10. The sum of six hundred fifty-one thousand seven hundred eighty dollars and seventy-four cents, be and the same is hereby appropriated specifically, for the following purposes, to wit: S o complete the Columbia railroad, twelve thousand five hundred fifty-two dollars: To complete the Portage railroad, forty-two thousand four hundred and sixty-one dollars: To complete the ex- tension of the West Branch division to the mouth of the Tangascoo- 13 tack, one hundred and twelve thousand and seventeen dollars: For a reservoir at Johnstown, thirty thousand dollars, if the Canal Com- inissioners shall deem it advisable to commence the same within the present year: For ropes on the Columbia railroad, three thou- sand three hundred dollars: For moneys due on locomotives con- tracted for on the Columbia railway, five thousand four hundreil and forty-three dollars and fifty-nine cents: For four new locomo- tive engines, and for ropes, repairing machinery, and debts due for motive power on the Portage railroad, sixty-one thousand one hundred and seventeen dollars: For new work, and for paying debts due on finished lines, and for pay of Canal Commissioners, appraisers, superintendents, and engineers, thirty thousand dol- lars: For the repairs of canals and railroads, three hundred thou- sand dollars: For the payment of damages, twenty thousand dol- lars: For the payment of retained percentage due to contractors, twenty-five thousand dollars: To pay the award of arbitrators for damages sustained by the owners of the land through which the Grants Hill tunnel passes, nine thousand eight hundred and eigh- ty-nine dollars thirty-seven and a half cents. Section 11. The sums appropriated as aforesaid by the three preceding sections of this act, shall be respectively paid out of the balance of the two millions of dollars to be paid as aforesaid by the said bank into the treasury of the commonwealth, after deduct- ing the amount appropriated by tb^ seventh section of this act. SECTION la. The Canal Commissioners shall not be authorized to incur any debt on the faith of the commonwealth, in any way or manner beyond the appropriations as aforesaid: And Provided, That no part of the said appropriation shall be applied to any other than the several specific purposes to which it is appropriated by this act, nor shall any contracts be entered into for any new’ line of canal or railroad not mentioned in this act, or for any extension of the lines herein named beyond the limits prescribed by this act. Section 13. The sum appropriated to the payment of damages by the tenth section of this act, shall be paid as speedily as possible, in the order as to time in which the said claims for damages have been awarded, assessed and confirmed, and afterwards to such as may hereafter be awarded, assessed and confirmed, or may be agreed upon as due by prior acts. Section 14. The said bank may establish two offices of discount and deposite in this state, one of/which shall be at such place in the county of Beaver as the directors may select for the purpose. Section 15. Nothing in this act contained shall take effect until the several sections and provisions relating to the bank of th© United States shall have been accepted by the stockholders thereof, 1.4 at a gcnei’al meeting, wiiich acceptance shall be made known to tlie Governor on or before the third day of March next; whereupon every preceeding section of this act shall be in full force. .\nd within thirty days after the acceptance by the stockholders of the existing bank of the United States, notice shall be given by the directors thereof, that on a day named, not exceeding thirty days thereafter, an election shall be held for directors under the cliarter so accepted, which election shall be held in like manner as elec- tions are now held in said bankj and the directors so elected shall elect a president, and shall serve until the first annual election: Provided^ Tiiat from the said third day of March to the holding of the election authoi ized by this section, the president and directors in office at the time of such acceptance may continue to act. NER MIDDLESWARTH; Speaker of the House of Representatives. THOMAS S. CUNNINGHAM, Speaker of the Senate. Approved the 18th day of February, Anno Domini, one thousand eight hundred and thirty six. JOSEPH RITNER. Secretary’s Office, > Harrisburg^ Feb, 24//i, 1836. 3 I do hereby certify, that the above and foregoing is a true copy from the original law on file and of record in said office. Witness my hand and seal of office, the day and year aforesaid. THOMAS H. BURROWES, Secretary of the Commonwealth.