^Jniv.of Ill. Library 53^ 7 \«+3V tm/m «W!VK8ITV Of ILLINOIS y ■ Oak Street UNCLASSIFIED ACT OF INCORPORATION BY-LAWS SECOND AND THIRD STREET ®) XM *8 Q f$) V i WITH THE LETTERS PATENT, ORDINANCES OF COUNCILS, GENERAL RAILROAD LAW, ACKNOWLEDGMENT OF CITY SOLICITOR, Ac. ^PHILADELPHIA: McLaughlin brothers’ book & job printing establishment, 112 south third st. 1858. I llUftAfflr i/M5YBR8mr Of IIUNOI3 URBANA ACT OF INCORPORATION AND BY-LAWS OF THE WITH THE LETTERS PATENT, ORDINANCES OF COUNCILS, GENERAL RAILROAD LAW, ACKNOWLEDGMENT OF CITY SOLICITOR, &c. PHILADELPHIA: McLaughlin brothers’ book & job printing establishment, 112 south third st. 1858 . pm m j m LIST OF OFFICERS OF THE Smmlr anli ®pi Stmt fasmtpr ^ailtoag €a. at fPaMip. PRESIDENT, JAMES YERREE. DIRECTORS, JAMES Y. WATSON, JOHN H. BRINGHURST, M. S. BULKLEY, JACOB BINDER, HARRY CONNELLY, PETER RAMBO, THOMAS I. POTTS, ALEXANDER CUMMINGS, WILLIAM A. MITCHELL, LEWIS SHINNICK, GEORGE READ, PAUL J. FIELD. TREASURER, T ROBERT KELTON. SECRETARY, DENDY SHARWOOD. - AN ACT Inmptate % Sttmtli sift ®|irlj Stott fitsttttger Utoitag Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met , and it is hereby enacted by the authority of the same , That John Robbins, Junior, James Verree, Samuel Megargee, Wm. 0. Kline, Anthony Miskey, Paul J. Field, Hugh O’Donnell, M. S. Bulkley, John P. Verree, James Y. Watson, George Read, Curwen Stoddart, Peter Rambo, John H. Bring- hurst, Henry Crilley, Henry Bumm, John K. Gamble, S. D. Anderson, John Horn, Henry Nicholas Marselis, Joseph P. Loughead, Harry Con¬ nelly, John F. Mascher, Lambert Towns, B. F. Hart, Wm. A. Mitchell, A. A. Gregg, Harry Conrad, Stephen Robbins, George Fisher, Jacob Jones, John Dorian, Lewis Wunder, Charles D. Robbins, Alexander Cummings, Daniel M. Fox, George Earp, Edward S. Lawrance, Henry Bickley, W. P. Cooper, E. Cameron, Joseph Singerly, John McGreger, J. E. Ridgway, Samuel S. Warthmann, Thomas W. Higgins, Jno. O’Brien, Francis McManus, Charles Harlan, Ferdinand Giesler, Dendy Sharwood, Wm. H. Kichline, Henry Gerker, Jacob Binder, Andrew McBride, Robert Kelton, Robert Cabeen, Samuel B. Jones, William Read, Lewis Shinnick, John Blair, Thomas J. Potts, Charles S. Peall, Charles E. Roberts, Richard M. Berry, Charles Doran, H. R. Coggshall, George H. Hart, John Anspach, Junior, Joseph Glenat, Henry K. Strong, Joseph B. Myers, or a majority of them, be and they are hereby constituted and appointed commissioners to open books, receive subscriptions and organize a company by the name, style and title of the Second and Third Street Passenger Railway Company of Phila¬ delphia, with power and authority to lay out and construct a railway, con¬ necting at Third and Dock streets, extending northwardly along Third street to Brown street; along Brown to Beach street; along Beach to Maiden street; along Maiden street, or the opening north of the public square, to Frankford road; along Frankford road to Queen street; along Queen to Richmond street; thence along Richmond street to Allegheny avenue, and 6 returning along Richmond to Norris street; along Norris street to Franklin avenue; along Franklin avenue to Second street; along Second street to Mifflin street; along Mifflin street to Third street, and along Third street to Dock street, with the right to extend the said railway from Third and Brown streets northwardly along Third street to Germantown road; along Germantown road to Oxford street; along Oxford eastwardly to Third street; along Third street to Norris street; along Norris street to Second, and along Second street to Franklin avenue, also diverging at Frankford road and Franklin avenue; thence along Frankford road to the foot of Queen street, with a single track from thence along Frankford road, with a double track to Maiden street; thence along Maiden street with a single track to Penn street; thence along Penn street to Coates, and thence along Coates street to Second street, to connect at Second street with the main track, and with the further right to extend the said railway from Frankford road and Queen street, northwardly along Frankford road to Amber street; southwardly along Amber street to Front street, and along Front street to Franklin avenue, or along such other streets east of Third street as the Councils of the city of Philadelphia may authorize for the purpose of carrying out the object of this act, with a single track on each of said streets, except Richmond street, which may have a double track east of Norris street and Frankford road, which may have a double track north of Franklin avenue, with the privilege of extending the same north and south along Third and Second streets and Jefferson avenue, and eastwardly along Richmond street and Frankford road to any point within the city limits as public convenience may from time to time require, subject to all the pro¬ visions and restrictions of an act regulating railroad companies, approved the nineteenth day of February, one thousand eight hundred and forty-nine, and the several supplements thereto, so far as the same are not altered or supplied by this act, and, also, to an ordinance of the City Councils entitled, an ordinance to regulate passenger railways within the city of Philadelphia, approved the seventh day of July, one thousand eight hundred and fifty- seven : Provided , however , That nothing contained in this act shall be con¬ strued to authorize the construction of a double track on Second and Third streets, or on Frankford road north of Franklin avenue. Section 2. That the capital stock of the said Company shall consist of five thousand shares of fifty dollars each: Provided , That the said Com¬ pany may from time to time, by a vote of the stockholders, at a meeting called for that purpose, increase the capital stock, if it should be deemed necessary to an amount not exceeding ten thousand shares, for the purpose of completing and equipping the railway ; the said Company shall have the power of borrowing any sum not exceeding in amount the one-half of their 7 capital stock, at a rate of intetest not exceeding seven per centum per an¬ num, and to secure the payment of the same by the issue of a bond and mortgage of the said railroad, together with the corporate rights and fran¬ chises granted by this act, and to annex to the said bond and mortgage the privilege of converting the same into the capital stock of the said Company at par, at the option of the holders, if they shall signify their election one year before their maturity; Provided, also, That the said Company shall issue no certificate of loan of a less denomination than one hundred dollars. Section 3. That the said Railway Company shall not use a locomotive for the purpose of transporting cars over their road under the penalty of a forfeiture of their charter; and whenever the said Company shall declare dividends exceeding the rate of six per centum per annum, in addition to any tax imposed by general laws on their capital stock, they shall pay into the treasury of the city of Philadelphia, for the use of the said city, a tax of six per centum per annum on the excess of dividend above said rate of six per centum per annum; and the said Company, before commencing to use the said road upon said streets, shall purchase, at the option of the owners, the stock of horses, omnibuses, sleighs and harness, owned and used upon the said streets at the time of commencing the said road, at a price to be assessed by three disinterested persons to be appointed in the following manner: the said owners shall choose one disinterested person, and the said Company shall choose a second person, and the two thus chosen shall choose a third, who also shall be a disinterested person, and the three shall appraise such stock; and the value thus arrived at shall be binding and final upon both parties, and said appraisers shall be sworn to faithfully per¬ form all the duties incident to said appointment, and who shall make the appraisement within thirty days from the time of their appointment. Section 4. That before the said Railway Company shall commence to use the said streets, the consent of the Councils of the city of Philadelphia shall be first obtained, and said consent shall be taken and deemed to have been given if said Councils shall not within thirty days after the passage of this act, by ordinances duly passed, signify their disapprobation thereof, and the said Councils may from time to time, by ordinances, establish such regu¬ lations in regard to said Railway as may be required for the purposes of paving, re-paving, grading, culverting and laying gas and water pipes in and along said streets, and to prevent obstructions thereon; and that the said Company in constructing said road shall conform to the grades estab¬ lished by Councils, of the several streets and avenues traversed by said rail¬ way, and keep said streets in perpetual good repair at the proper expense of the said Company. 8 Section 5. That the said Railway Company shall have the right to cross at grade any railroad that is now or that hereafter may be built within the limits of the city of Philadelphia, and to connect with any other passenger railway within the said city. Section 6. That it shall be the duty of said Company, at every point of crossing at grade any railroad upon which locomotive steam engines are employed, to have flag-men stationed, and use all the precautions and means of safety, excepting the gates that are provided in the supplement to an act to incorporate the Philadelphia and Delaware River Railroad Company, authorizing said Company to cross the Philadelphia and Reading Railroad at grade at Frankford avenue, and the Company hereby incorporated shall be subject to all the penalties in said supplement provided for the Phila¬ delphia and Delaware River Railroad Company. Section 7* The said railway on the route described, shall be subject to the use of any part or parts thereof by any other Passenger Railway Com¬ pany, for the purpose of completing a route or making a circuit, upon such conditions as may be agreed upon by such other Company and the said Second and Third Street Passenger Railway Company, and in case the Companies cannot agree, then upon such terms and conditions as shall be prescribed by the Councils of the City of Philadelphia. a. NELSON SMITH, Speaker pro tern, of the House of Representatives. WM. H. WELSH, Speaker of the Senate. Approved the tenth day of April, Anno Domini, one thousand eight hundred and fifty-eight. WM. F. PACKER. LETTERS PATENT. Pennsylvania: William F. Packer, In the name and by the authority of the Commonwealth of ) Pennsylvania, William F. Packer, Governor of the said Com¬ monwealth : To all to whom these presents shall come , sends greeting. Whereas, An Act of the General Assembly of this Commonwealth, entitled “An Act to incorporate the Second and Third Street Passenger Railway Company of Philadelphia,” approved the tenth day of April, A. D. 1858, provides for the organization of a company, by the name, style and title of “ The Second and Third Street Passenger Railway Company of Philadelphia,” subject to the provisions and restrictions of an Act, entitled u An Act regulating Railroad Companies,” and approved the nineteenth day of February, A. D. 1849, and the several supplements thereto, by which acts the Governor of this Commonwealth is authorized and required to issue his letters patent in the manner and at the time therein specified. And zohereas , the stipulations, conditions, and things, in the said acts di¬ rected to be performed, have in all respects been fully complied with. Now know ye, that in pursuance of the power and authority to me given by law, I, William F. Packer, Governor of the said Commonwealth, do by these presents, which I have caused to be made patent, and sealed with the seal of the State, create and erect the subscribers to the stock of the said company for the number of shares by them subscribed, viz : James Yerree, two hundred shares; John P. Yerree, two hundred; John H. Bringhurst, two hundred; A. Cummings, two hundred; C. W. Carrigan, fifty; Eliza¬ beth Carrigan, one hundred; William H. Dufiield, seventy; Robert Kelton, one hundred and fifty-eight; Robert Cabeen, one hundred; Harry Con¬ nelly, two hundred and fifty ; George Read, two hundred; Charles Wister, two hundred; James Y. Watson, two hundred; Lewis Shinnick, two hundred; William A. Mitchell, two hundred; M. S. Bulkley, two hundred ; 10 Peter Rambo, two hundred; Curwen Stoddard, ninety-five; Paul J. Field, seventy-five; Thomas J. Potts, two hundred; Isaac N. Marselis, fifty; Joseph P. Loughead, fifty; Henry Crilley, fifty; George H. Hart, twenty; George Fisher, sixty; Lewis Wunder, ninety; R. K. Neff, thirty; Jacob Binder, two hundred; Bendy Sharwood, two hundred and fifteen; Hugh O’Donnell, fifty; John K. Gamble, ten; Henry Benner, fifty; Jacob Jones, eight; Francis McManus, twenty-five; B. F. Hart, ten; C. D. Rob¬ bins, ten; Andrew McBride, twenty; Ferdinand Geisler, ten; Lambert B. Towns, thirty; J. G. Peall, five ; Charles D. Seddinger, one; Henry Dearr, one; B. M. Withey, one ; L. A. Wallenweber, two; Lewis Thomp¬ son, one; Joseph Glenat, thirty; William 0. Kline, ten; John Horn, one hundred; Daniel - Trump, ten; William C. Rice, one; Samuel Matthew, ten; John J. Mascher, ten; John Wood, twenty; James Holmes, five; Mary J. Dearr, one; Caroline Reimer, one; Barbara Reimer, one; Samuel F. Bodine, one hundred; Charles S. Smith, twenty-five; Albert D. Boileau, twenty-five; Charles Carnell, twenty; John Heines, eleven; Joseph S. Henszy, fifty; Robert Beatty, twenty; William B. Mann, thirty; H. Ger- ker, twenty-five; John Henry, two; Charles Day, ten; John Dolan, two; W. A. Hart, one; Samuel A. Yansciver, ten; Seth King, eight; Richard S. Coyle, five; and Eli Krupp, sixty shares. Amounting in the whole to five thousand shares, and also those who shall afterward subscribe into one body politic, and corporate in deed and in law by the name, style and title of “ The Second and Third Street Passenger Railway Company of Philadelphia.” And by the said name, the subscribers shall have perpetual succession, and all the privileges and franchises inci¬ dent to a corporation, and the said subscribers, and those who shall after¬ ward subscribe, their successors and assigns, are generally to be invested with all the right, powers and privileges, with full power and effect, and subject to all the duties, requisites and restrictions, specified and enjoined in, and by the said acts of the General Assembly, and all the other laws of this Commonwealth. Given under my hand and the great seal of the State, at Harrisburg, this fourteenth day of May, in the year of our Lord one thousand eight hundred and fifty-eight, and of the Commonwealth the eighty-second. By the Governor. HENRY L. DIEFFENBACK. Dep. Secretary of the Commonwealth. (©rdinantfi TO REGULATE PASSENGER RAILWAYS. Section 1. The Select and Common Councils of the City of Phila¬ delphia do ordain, that all Passenger Railroad Companies within the City of Philadelphia shall he subject to the restrictions, limitations, terms and conditions hereinafter provided; and any such Company, before entering upon any road, street, avenue or alley, within the limits of said City, shall be understood, and deemed to be subject thereto, upon the conditions here¬ inafter prescribed. Section 2. That it shall be the duty of said Companies, or any of them, to conform to the surveys, regulations and gradients as they are now or may hereafter be established by law. They shall submit all proposed plans, courses, styles of rails, and the manner of laying the same, to the Board of Surveys and Regulations, for their approval and sanction, which shall be obtained before they proceed to break ground or occupy any of the high¬ ways as aforesaid; and they shall be further required to lay flag-stones or crossings along the line of the paved streets upon which the rails are laid, at intervals not exceeding two hundred and fifty feet; and any neglect, omission or refusal to do so on the part of any such Company, shall be punishable by a fine of not less than fifty dollars, for each and every offence, recoverable before any Alderman of the City of Philadelphia, and payable into the City Treasury. Section 3. That all Railroad Companies, as aforesaid, shall be at the entire cost and expense of maintaining, paving, repairing and repaving that may be necessary upon any road, street, avenue or alley occupied by them. That for the convenience of the public, it shall also be the duty of such Companies to clear the streets, or other public highways that they may occupy, of snow or any obstructions placed therein by such Companies, when the same impedes the travel upon said highways, and for any neglect on their part to do so for a period of five days, they shall be punishable by a UBRMW . iiWVERSffl w 12 fine of twenty dollars for each square that may be so impeded, recoverable before any Alderman of the City of Philadelphia, and payable into the City Treasury, upon a complaint of five citizens residing therein, upon oath or affirmation : provided, nevertheless, that whenever any such Company shall deem it inexpedient to use their said road during the continuance of the snow, they shall provide comfortable sleighs, or other suitable vehicles for the transportation of passengers along the route of their railway at the usual rates as aforesaid; then, and in that case, no such penalty shall be recoverable. Section 4. That it shall be the duty of any Company, as aforesaid, when requested so to do by the Chief Commissioner of Highways, to remove any obstruction, mend or repair their road, pave or repave the highways, as herein before provided, and should they refuse or neglect to do so for ten days from the date of such notice, then and in such case the Councils may forbid the running of any car or cars upon the said road until the same is fully complied with; and the City reserves the right in all such cases to repair or repave such streets, and the expense thereof shall be a judgment upon the road, stock and effects of such Company, recoverable as judgments are now recoverable by the City of Philadelphia. Section 5. It shall be the duty of said Company, or Companies, to em¬ ploy careful, sober and prudent agents, conductors and drivers, to take charge of their car or cars when upon the road, and for the violation of any Act of Assembly, or Ordinance of the City, on the part of any such officer, or officers, or employees upon said road, the Company shall be liable to all fines, forfeitures or damages therefrom : provided, however, that this act shall not be taken to excuse or free any such officer or employee, from the penalties or responsibilities of any such violations, or other acts by them committed. Section 6. The running speed of the cars, upon any City Passenger Railroad, shall not at any time be at a greater rate than six miles an hour, in the paved and built-up portions of the City, nor shall they incommode the crossings, nor stop at the corners of any street or elsewhere, to solicit passengers. It shall also be the duty of conductors and drivers of the cars to give ample notice to drivers of vehicles and pedestrians of their approach, and also to afford all reasonable opportunity for them, or either of them, to avoid collision or accident, and any neglect by them to comply with the provision of this section, shall be punished by a fine of five dollars, to be recovered before any Alderman of the City, and paid into the City Treasury, and the Mayor of the City is in such cases empowered to revoke the license of such car or cars, and they shall not be permitted to be again placed on the road until such license is renewed. 13 Section 7. It shall be incumbent on all Railroad Companies, as afore¬ said, before placing cars upon their road, to pay into the office of the Chief Commissioner of Highways, and annually thereafter, for the use of the City, the sum of five dollars for each car intended to run on the same. They shall also have the number painted in some conspicuous place upon each car; and any omission, or neglect, to comply with either of these provisions, shall be punishable by a fine of ten dollars, *to be recovered on complaint before any Alderman of the City, who shall pay the same forthwith into the City Treasury. Section 8. The Directors of any such Company, or Companies, shall, immediately after the completion of any Passenger Railroad in the City, file, in the office of the City Solicitor, a detailed statement, under the seal of the Company, and certified under oath or affirmation by the President and Secretary, of the entire cost of the same; and the City of Philadelphia re¬ serves the right at any time to purchase the same, by paying the original cost of said road or roads, and cars, at a fair valuation. And any such Company, or Companies, refusing to consent to such purchase shall thereby forfeit all privileges, rights and immunities they may have acquired in the use or pos¬ session of any of the highways as aforesaid; or should any such Company or corporation neglect to run cars upon their road or roads for the accom¬ modation of the public, for the space of three consecutive months, the Councils reserve the right to rent the same to any other person or persons, company or companies, who will be willing to run cars on the same; or in the event of the Councils, as aforesaid, being unable to rent said road, or to place cars upon the same for one year after the same shall have been aban¬ doned, as aforesaid, by the Company constructing or owning the same, then, and in such case, the Councils reserve the right to cause the said road to be removed from the highways, and to sell or dispose of the materials thereof, and after paying all expenses arising therefrom, pay the balance, if any, to the legal representatives of the said defaulting Company. Section 9. Any Passenger Railroad Company, which is now or may hereafter be incorporated in the City of Philadelphia, shall, by their proper officer or officers, who shall sign the same, file in the office of the City Solicitor a written obligation to comply with the provisions of this Ordi¬ nance: provided, that no Railroad Company now incorporated shall be authorized to commence work upon any of the Highways of the City until this section has been complied with; and a failure to do so, for ten days, shall be taken and deemed as a refusal on the part of such Company; and in case the Philadelphia and Delaware River Railroad Company should fail to comply with the provisions of this section, on or before the eighth of July, proximo, the City Councils hereby express their disapproval of an 14 Act, entitled “ A Supplement to an Act to incorporate the Philadelphia and Delaware River Railroad Company,” approved June 9,1857, which provides for the construction of a Passenger Railway, by a private corporation, over Fifth and Sixth streets, in the City of Philadelphia. JOHN MILLER, President of Common Council. G. M. WHARTON, President of Select Council. Approved the seventh day of July, A. D., one thousand eight hundred and fifty-seven. RICHARD VAUX, Mayor of Philadelphia. ©nlinanrc PASSED BY THE CITY COUNCILS, APKIL 16, 1858, The select and Common Councils of the city of Philadelphia do ordain, that in pursuance of the power and authority in them vested by the said acts of Assembly, Councils do hereby declare their disapproval of each and every of the said acts of Assembly in the above preamble mentioned, and of the rights therein respectively granted to “ The Philadelphia and Gray’s Ferry Passenger Railway Company;” “ The Second and Third Street Pas¬ senger Railway Company of Philadelphia; ” “ The North Branch Passenger Railway Company of the City of Philadelphia;” “The Fairmount Pas¬ senger Railway Company,” and “The North Philadelphia Plankroad Com¬ pany,” to occupy the streets and highways of the City of Philadelphia. The second section of the ordinance is : “ That if any company in the said preamble named shall, within ninety days from the passage of this ordinance, and before such company shall occupy any of the said streets or highways, file in the office of the City Solicitor a written obligation suffi¬ cient in law to bind such company to observe and be subject to all ordi¬ nances of the city in relation to passenger railways then in force, and there¬ after to be passed, then the provisions of the first section of this ordinance, as to each and every such company as shall file such written obligation as aforesaid, shall cease to have effect.” » l 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 Comm j S _ named in such act, or any five of them, shall have power to open sioners - books for receiving subscriptions to the capital stock of such Com- Subscr i p . pany, at such time or times, and at such place or places as they may tlons * 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 , -.-ii , 1 , subscribe. firms and copartnerships, by themselves or by persons duly author¬ 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; 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 2 18 Payment, 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 Gover¬ ns tters pa- 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 per- Priviieges. petual 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 portions 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- BylaW8 ' 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, Equipments, 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 Corn- Real estate. pany shall not purchase or hold any real estate, except such as may 19 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, ware-houses, 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. Section 3. That the Commissioners named as aforesaid, or such of them as shall have acted, shall as soon as conveniently may be after the said letters patent shall be obtained, appoint a time and place for the subscribers to meet, to organize the Company, and shall 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 an4 two weeks previously by the Secretary, in the manner before men- elect,0B - 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; 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- 20 Special meet¬ ing. Elections how con¬ ducted. Powers. terest, shall call a special meeting, giving the like notice, and stat¬ ing specifically the objects of the meeting; and the objects stated in such notice, and no other, shall be acted on at such special meeting. Section 5. The elections for Directors provided for in this act, shall 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 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 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 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 21 for the transaction of their business, and when met seven shall be a quorum to do business; the President, if present, shall preside atQ uormn - all meetings of the Board, and when absent the Board shall appoint a President pro. tern.; they shall keep minutes of their proceedings Minutes, 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-O fficers - men or other persons, as in their opinions may be necessary or proper 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; 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 certificates first chosen, shall procure certificates or evidences of stock for all the of stock ' shares of such Company, and shall deliver one or more certificates or evidences, signed by the President, countersigned by the Trea¬ surer, 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. 22 Capital stock Section 8. The Capital Stock of such Company shall be divided Shares. . . into shares of fifty dollars each, and shall be called in and paid at installments such times and places, and in such proportions and installments not, 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 installment so called for at the time and place appointed, he, she, or they shall be liable to pay, in addition to the proportion or installment 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, she, or they shall, Forfeiture, 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 installment 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. Dividends. Section 9. That the dividends of so much of the profits of such Company as shall appear advisable to the Directors, shall be de¬ clared 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 Liability of Directors consenting thereto shall be liable, in their individual directors capacities, to such Company for the amount of the capital stock so 23 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. At each annual meeting of the Stockholders of any Annual ° # statements such Company, the President and Managers of the preceding year t<^® e la “* o k shall exhibit to them a full and complete statement of the affairs and holders, proceedings 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 11. If any Company, incorporated as aforesaid, shall at any Legislature time misuse or abuse any of the privileges granted by this act, or by EteiTin the special act of incorporation, the legislature may revoke all and XL 0 , &c., singular the rights and privileges so granted to such Company; and road for 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: Provided , That in re¬ suming, altering or amending said charters, no injustice shall be done to the corporators; and that, in taking such roads for public use, full compensation shall be made to the Stockholders. Section 12. That the President and Directors of such Company shall have power and authority by themselves, their engineers, super¬ intendents, agents, artisans and workmen, to survey, ascertain, locate, fix, mark and determine, such route for a Railroad as they Location, 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, 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 JJto any** 1 '* 24 town, city or village. Land and materials. Security. Timber. Occupation of streets. Damages, bow ascer¬ tained and adjusted. village, named as the place of beginning or terminus of such road ) 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, engine and water stations, other buildings' or appurte¬ 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, grade, 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¬ pensation to the owner or owners thereof, or tender adequate security therefor: Providedfurther , That the timber used in the construc¬ tion or repair of said Railroad, shall be obtained from the owner thereof, only by agreement or purchase : And provided further , That 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 13. That when the said Company cannot agree with the owner or owners of any lands 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 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 25 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 14. 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 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 26 To be kept ii good repair, Ac. Change of lo cation. Gauge of railroads. Railroads to be public highways foi certain pur¬ poses. Company may estab- * lish tolls. 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 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 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 15. That if any such 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 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 16. Every railroad company heretofore chartered, or which may hereafter be chartered, is hereby authorized to construct or change their guage or guages of road to such a width as the direc¬ tors of such railroad company may deem expedient, and all laws in¬ consistent with this provision, be and they are hereby repealed. Section 17. Upon the completion of any railroad authorized as aforesaid, the same shall be esteemed a public highway for the con¬ veyance of passengers and the transportation of freight, subject to such rules and regulations, in relation to the same, as 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 direct: Provided , That the said company shall have the exclusive control of the motive 27 power, and may from time to time establish, demand and receive 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 merchandise and commodities, and the cars or other vehicles conveying the same, or otherwise passing over or on the said railroad, as to the president and directors shall seem reasonable: Provided however nevertheless , That said rates of toll and motive power charges so to be established, demanded or received, 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 transportation of passen¬ gers, no charge shall be made to exceed three cents per mile for through passengers, and three and a half cents per mile for way pas- Rates of toll, when cars are owned by others. Section 18. If any company incorporated as aforesaid, shall not On neglect . . . . ........ to commence commence the construction ot their proposed railroad within three and complete years, and complete and open the same for use, with at least one track to be for- 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 their charter shall be null and void, except so far as to compel the said company to make reparation for damages. Section 19. In all cases where acts creating railroad or canal com- security for panies, security to the owners of lands, through which any canals and beTpprovod railroads may pass, is required to be given, and approved by any of fudges. 0 the courts in the counties where such lands lie, said security may be given and approved of by any two of the judges of said courts during vacation : Provided , That at least five days’ notice shall first be given Notice of . offering the to the owners of such lands, or their known agent or attorney, of the same to bo time and place of offering such security, and the names of the sureties g TeD to be offered. Section. 20. In all cases for the assessment of damages caused by Judgments . . _ . Mil* 1 . for damages the construction ot canals or railroads by incorporated companies in to carry costs. this commonwealth, if the viewers or a jury shall find for the plain- the rendition of tiff any sum of damages, such award or verdict on judgment shall carry costs, unless there may be some in the act incorporating such company to the contrary. provision 28 Service of process. How process served where officers not found within the county. Suits by or against canal or railroad companies may be re¬ moved into adjacent county. Party re¬ moving to make oath, &c. Limitation of right to remove. Section 21. That in all suits or actions against such Company, the service of process on the President, Secretary, Treasurer, Engi¬ neer, Agent or any Director of the same, shall he 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 offense committed or cause of action accrued; 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. Section 22. When any action is commenced by any person or persons, or bodies corporate, against an incorporated railroad or canal company, in any county in which the corporate property of such com¬ pany is wholly or in part situated, it shall be lawful, if the president, treasurer, secretary or chief clerk of such corporation does not reside or cannot be found in such county, for the sheriff, or other officer to whom such process is directed, to serve the same on any manager or director of such company being in such county, and the service so made shall be deemed sufficient; and in case no director or manager can be found in the county, it shall be lawful for such officer to go into an adjoin¬ ing county to serve the process as hereinbefore stated. Section 23. It shall and may be lawful for either party, in any suit or action now pending or that may hereafter be brought in any of the courts of this commonwealth, by or against any canal or rail¬ road company, to remove the same into the court of any other adja¬ cent county through which the canal or railroad of such company is not located, which suits, so removed, shall be proceeded in by the proper court, in like manner, and subject to like rules and proceed¬ ings as if it had remained in the court in which it was originally commenced, and upon final judgement, testatum executions may issue as in other cases: Provided , That the party so removing shall first take and subscribe an oath or affirmation, to be filed of record with the cause, that such removal is not made for the purpose of delay, but because he firmly believes a fair and impartial trial cannot be had in the county through which such canal or railroad may pass : And provided further , That the provisions of this act shall not be so con¬ strued as to interfere with the existing laws, relative to the assess¬ ment of damages to property, occasioned by the construction of such canals or railroads, nor with the right and privilege heretofore granted to any canal or railroad company, to have suits against them tried in any particular county or counties. 29 Section 24. All and every suit or action now pending, or that How costs ^ and expenses may hereafter be brought by or against any canal or railroad company, of^actions re¬ in any of the courts of this commonwealth, and which now are or borne, hereafter shall be removed into a court of any other adjacent county, by virtue of the act of the 14th April, 1834, relative to suits brought by and against canal and railroad companies, the cost and expenses thereof shall be borne and paid by the county in which suit or action was brought, and that in all cases where the venire of any suit now depending has been or may be changed, and where the venire of any suit hereafter to be instituted may be changed, and where suits are directed to be brought in any particular county, the costs of summon¬ ing the jury and the pay of the jurors shall be borne by the county in which the cause of action originated. Section 25. It shall and may be lawful for the county com_ Tob ®f ec °- missioners of the county into which any suit or action now is or here- ! he cou " ty after may be removed, by virtue of the above recited act, to ask, Jesuit was demand, sue for, recover and receive of the commissioners of the county from which the same may or shall be removed, all the costs and expenses incurred by the county to which the same may have been removed as aforesaid. Section 26. So much of the act, entitled “ An act relative to suits Actions on ' _ contracts not brought by and against canal and railroad companies,” approved the toberemov- 14th day of April, 1834, as is applicable to actions brought on contracts, express or implied, be and the same is hereby repealed; and all such actions as have been removed in pursuance of such act and still pend¬ ing be returned for trial to the court in which they were respectively commenced. Section 27. In all cases where two railroads in this common- Running of cars on con- wealth are or shall be connected, it shall be lawful for the company nectingraii- owning either of the said railroads (with the consent of the company lated. s owning the other of said railroads) to run its cars and locomotive engines upon the said other railroad, and erect water stations and other buildings for the due accommodation of the cars and engines employed thereon : Provided , That nothing herein contained shall be construed or interpreted to release or exonerate any company owning a railroad from the obligation and duty which may be now imposed by existing laws, of transporting, subject to the rules and regulations of said companies, by locomotive steam engines, the cars, whether loaded or empty, of all persons and companies, who may re¬ quire such transportation over and along so much and such parts of their railroad as locomotive steam engines shall be run upon, 30 Penalty for obstructing private roads or crossing places. How process may be served. Penalty for obstructing public streets. Penalty for committing injuries to works, &c. whether they be run by the company owning the road or by any other company. Section 28. Any chartered railroad company in this common¬ wealth obstructing or impeding the free use or passage of any private road or crossing place, by standing burden cars or engines, or placing other obstructions on any railroad wherever any private road or cross¬ ing place may be necessary to enable the occupant or occupants of land or farms to pass over any railroad with horse, cows, hogs, sheep, carts, wagons and implements of husbandry, shall for every such of¬ fense, after any agent or other person in the employment of any rail¬ road company shall have received at least fifteen minutes verbal notice to remove burden 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 manner that debts not exceeding one hundred dollars are by law recoverable. And in all suits or actions that may be brought against any railroad company for the recovery of said penalty of thirty dollars, 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. Section 29. It shall not be lawful for any railroad company to block up the passage of any crossings of public streets or roads, or obstruct the said crossings with their locomotives or cars; and if any engineer or other agent of any such railroad company shall obstruct or block up such crossings, he or they shall be subject to a penalty of twenty-five dollars, to be 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 informers, and the remaining half shall be paid into the treasury of the common¬ wealth : Provided , that in the event of the said engineer or agent being unable to pay the said penalty, then and in that case, the said railroad company employing the said engineer or agent shall pay the penalty aforesaid. Section 30. That if any person or persons shall willfully and 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- 31 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 31. That if any person or persons shall willfully and ma- penalty for 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 32. That if any Company incorporated as aforesaid, shall not commence the construction of their proposed Railroad within 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 make reparation for damages. 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. JOHNSON. (Copy.) CITY SOLICITOR'S OFFICE, City Building, No. 212 South Fifth Street. Philadelphia , June 16, 1858. Sir: The written obligation of “The Second and Third Street Passenger Railway Company,” to the City of Philadelphia, filed to-day in this Office, is a sufficient compliance with the provisions of the second sec¬ tion of the Ordinance of April 16th, 1858, entitled an “Ordinance relating to certain Passenger Railway Companies.” Respectfully Yours, HENRY T. KING, Robert Kelton, Esq. Treasurer Second <£• Third St. Passenger Railway Co. City Solicitor. BY-LAWS. MEETINGS. The Stated meetings of the Board of Directors shall be held on stated Meet- every other Wednesday of each month, at 4 o’clock, P. M. Special meetings may he called by the President whenever he may deem it necessary, or at the request in writing of any three members, giving at least twelve hours notice of the same. Seven members shall constitute a quorum. Quorum. II. THE PRESIDENT. The President shall preside at all the meetings of the Board, pre- President— serve order, regulate debate according to the usual parliamentary rules, and shall appoint all committees not otherwise ordered by the Board. He shall have the custody of the seal of the Company, conduct the Seal, correspondence and attend generally to the executive business of the Company under the direction of the Board, and be ex-officio a mem¬ ber of all committees. In the absence of the President a President President pro. tern, may be appointed. III. TREASURER. The Treasurer shall give bonds, with one or more satisfactory securi- shall give ties in such sum as the Board may from time to time require, for the b ° nds ' faithful performance of all his duties. He shall keep a separate ac¬ count as Treasurer, in such bank or banks as the Board may from Separate time to time designate. He shall make a detailed statement of his account, receipts and disbursements at each stated meeting of the Board for 3 34 statement in the preceding month, and at the Stated meeting in January, in each January. . i year, he shall present a complete statement of his accounts for the year ending on the 31st of December previous, and shall attend to such other proper duties as the Board may from time to time require. Swmade payments shall be made by orders drawn upon the Treasurer, by the direction of the Board, signed by the President and Secretary. His books shall at all times be open to the inspection of the President Books how or any member of the Board. He shall keep the transfer book and kept. " r Stock Ledger, sign all certificates and make transfers in accordance with the By-Laws. On his retirement from office, he shall hand over to his successor all books, funds, and papers belonging to the Company. IV. SECRETARY. Shall keep a The Secretary shall keep a regular record of the proceedings of the Board, give notice to the members of all stated or special meet¬ ings, attend the meetings of all standing or special committees when B^oks how required, keep such books and attend to such other proper duties as Give notice the President or Board of Directors may require, and give the notice meetings. en j 0 } ne( j law of the annual and special meetings of the Stock¬ holders. On his retirement from office, he shall deliver to his suc¬ cessor all books and papers belonging to the Company. Y. CERTIFICATES OF STOCK. now issued. Certificates of Stock shall be issued to Stockholders and transfers made when required, said certificates to be signed by the President and surrendered Treasurer.and authenticated by the seal of the Company. The cer- hT canceled. 0 tificates surrendered shall be canceled by the President or Treasurer at the time of transfer, and examined and reported upon monthly by the committee on accounts. Any person, persons or corporations, claiming a certificate or evi- eates how re- dence of Stock to be issued in lieu of one lost or destroyed, shall make an affidavit or affirmation of the facts and advertise the same in one or more newspapers in Philadelphia, twice a week, for four weeks, describing the certificate, and shall transmit to the office of the Company the affidavit or affirmation, with the advertisement, and shall give the Board a bond of indemnity with one or more secu¬ rities, if required, in double the sum of money paid on such certifi- 35 cate 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 as the one alledged to have been lost or de¬ stroyed, thereon specifying that it is in lieu thereof. VI. STANDING COMMITTEES. The standing committees to be appointed annually at the first h ow ap . stated meeting of the Board, shall be a committee on finance, to pomtcd ' consist of five members; a committee on accounts, to consist of five members; and a committee on road, to consist of seven members. The standing committees shall hold at least one stated meeting per month. * The committee on finance shall have a general supervision of the Duties. Finances of the Company, and report their proceedings to the Board at each stated meeting. It shall be the duty of the committee on accounts, to examine and audit all bills before they are presented to the Board for payment, and to have a general supervision of the accounts of the Treasurer. The committee on Road shall have a general oversight of matters connected with the construction and management of the Road and its appurtenances, but no contract shall be valid unless acted upon by the Board. Each committee shall keep a regular record of its proceedings. I VII. ELECTIONS. All elections shall be by ballot, unless by unanimous consent, when How con- the vote may be taken viva-voce. VIII. ELECTION PAPERS. * The Company shall retain all papers which shall be voted on at papers to b< any election, for one year thereafter, for the inspection of the stock- kept ' holders. 36 IX. OFFICE OF THE COMPANY. andwhen^ The Office ^e Company shall be in the City of Philadelphia, closed. and shall be kept open every day except Sundays, Christmas and Fourth of July, between the hours of 9 A. M. and 3 P. M., unless otherwise ordered by the Board. X. ORDER OF BUSINESS. The order of business shall be as follows : 1. When a quorum appears, the President shall call the Board to order. 2. Roll call. 3. Minutes read and if necessary amended. 4. Written communications read and disposed of. 5. Reports of committees. 6. Treasurer’s report. 7. Reports of Officers of the Company. 8. Unfinished business. 9. New business. XI. AMENDMENTS. No alteration or amendment shall be made in these By-Laws, unless Alterations how made, presented at one Stated meeting and considered at a subsequent stated meeting, but any by-law may be suspended by consent of not less than two-thirds of the whole Board. XII. MEETING OF STOCKHOLDERS. The President and Directors may convene a meeting of the Stock¬ holders, by giving twenty-four hours notice of the same.