said river within said limits from passing over said river, or JOHN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senate. APPROVED—The twenty-eighth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. No. 316. stock. A FURTHER SUPPLEMENT To the act to incorporate the Trenton City Bridge Company. Section 1. Be it enact ed 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 it shall be lawful for the board of directors of the Trenton City May create ad. bridge company, to convene a meeting of the stockholders of ditional capital said company, giving the same notice thereof as is required to be given, prior to the annual elections, and that said stockholders, or a majority thereof, voting according to the rule, and in the ratio prescribed for the election of directors, may determine at said meeting or at any adjourned meeting, to increase the capital stock of said company, by the creation of two thousand additional shares of stock, of twenty-five dollars each, and if they so determine, the same shall be deemed to be increased accordingly; and the said directors may, from time to time, procure subscriptions for a disposal of the additional shares so created, at no less than their par value, and may receive payment thereof, upon the same terms and instalments as are prescribed with regard to the original stock; and such additional shares shall be deemed to be a part of the capital stock of said corporation, as fully, to all intents and purposes, as if they had been created by the original act of incorporation. Section 2. That unless the directors of said corporations Assent of diresshall, within six months hereafter, file their assent to this act tors to be had to in writing, and under the seal of said corporation, in the office this act. of the secretary of the commonwealth, this act shall be deemed to be void. JOHN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senate. APPROVED—The twenty-eighth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. a To incorporate the Western Pennsylvania Railroad Company. WHEREAS, The holders of the bonds secured by mortgage exe- cuted by the North-Western railroad company, did purchase the Section 1. Be it enacted by the Senate and House of Represen- met, and it is hereby enacted by the authority of the same, That Corporators. William Maher, Israel Painter, William L. Hirst, Thomas White, Thomas G. Stewart, Michael Malone, William C. Patterson, Thomas E. Franklin, George M. Kline, Christopher Hager, Ben. jamin F. Ruff, Thomas Collins, Philip Collins, James Fenelon, John M'Farland, Andrew J. Dull, Addison Leech, John Scott, Peter Fritz, and all other persons who hold mortgage bonds and coupons attached, or coupons issued by the North-Western railroad company, and such other persons as they may associate with them, be and are hereby created and made a body corpo. Style. rate, in law, by the name, style and title of the Western Penn sylvania railroad company; and by said name, style and title Powers and privi- shall have perpetual succession, and shall be able to sue and imleges. plead, and to be sued and impleaded, in all courts of record; and also have and shall have all the powers, privileges and au. thority which were conferred upon the North-Western railroad company by an act of assembly, approved the ninth day of February, Anno Domini one thousand eight hundred and fifty-three, entitled “ An Act to incorporate the North-Western railroad company," and the supplements thereto; which said act and supRepeal. plements are hereby repealed, and the charter of the said North Western railroad company revoked, as fully as if the same were repeated and incorporated in this act of assembly; and subject Subject to. to the provisions and restrictions of an act of assembly regula ting railroad companies, approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine, so far as the same are not altered and supplied by this act, and the act of assembly incorporating the North-Western railroad company, and its supplements; and the said the Western Pennsylvania railroad company shall have the rights and privileges, subject to the provisions and restrictions of the said acts of as. sembly, to extend their railroad from any point of the same to Estension of road a point at or near Tyrone City, in Blair county; and the said William Maher, Israel Painter, William L. Hirst, Thomas White, Thomas G. Stewart, Michael Malone, William C. Patterson, Thomas E. Franklin, George M. Kline, Christopher Hager, Benjamin F. Ruff, Thomas Collins, Philip Collins, James Fenelon, John M'Farland, Andrew J. Dull, Addison Leech, John Scott, Peter Fritz, and their said associates, bondholders on the said the Western Pennsylvania railroad company, when incorporated, shall have full power and authority to sell and dispose of the Authorized to said railroad so held by them, and all the estate, real and per- sell road, &e. sonal, rights, credits, franchises, which were of the said NorthWestern railroad company, and the said mortgage bonds, or stock representing the said bonds, either in whole or in part, to any person or persons, or to any railroad company lawfully incorporated, upon such terms and conditions as may be agreed upon; and after such sale, the purchaser or purchasers shall, from thenceforward, be made a body corporate, and shall from Purchasers to be that time be invested with all the powers and franchises and a body politic and corporate privileges conferred upon the said Williain Maher, Israel Pain. ter, Michael Malone, William L. Hirst, Thomas G. Stewart, William C. Patterson, Thomas E. l'ranklin, George M. Kline, Christopher Hager, Benjamin F. Ruff, Thomas Collins, Philip Collins, James Fenelon, John M'Farland, Andrew J.Dull, Addison Leech, John Scott, Peter Fritz, and their associates, by this act; and full power and authority is hereby given to any railroad company, lawfully incorporated, to purchase and hold the same, according to the provisions of this act, with all the powers and authority conferred by this act: Provided, That nothing herein Proviso. contained shall be so construed as to authorize the company hereby incorporated to exercise any authority or control over any liability incurred by individual subscribers to the stock of the North-Western railroad company. Section 2. That the capital stock of said company shall con- Capital stock. sist of sixty thousand shares; and, upon the approval of this act, the said trustee, William L. Hirst, shall and he is hereby re. Trustee to issue certificates of quired to issue certificates of stock, at fifty dollars per share, to each and every of the holders of bonds and coupons, or coupons, respectively, to the amount of the bonds and coupons, or cou. pons, issued by the said North-Western railroad company, respectively held by them. SECTION 3. That for the purpose of completing and equipping Authorized to said railroad, the said the Western Pennsylvania railroad com- borrow money. pany shall have the power and authority to borrow any sum of money, not exceeding two millions of dollars, at a rate of interest not exceeding seven per centum per annum, and to secure the payment of the same by the issue of bonds, with coupons attached thereto, and by a mortgage of the said railroad, together with the corporate rights and franchises granted by this act, and to annex to said bonds 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 such election in writing, so to convert the same one year before their maturity: Provided, That no bond shall be issued for a less amount than Proviso. one hundred dollars. stock. May execute Section 4. That it shall and may be lawful for the said the mortgages Western Pennsylvania railroad company to make, execute and deliver, either mortgages or transfers in trust, of the personal estate that may hereafter belong to the said company, or any part thereof, including rolling stock, locomotives, cars, trucks, and other personalty whatsoever, to secure loans or advances to said company, and each and every such mortgage or transfer, duly acknowledged and recorded in the proper offices of the counties in which the railroad of said company may be located, shall be good and valid, and effectual in law, against said company, and against all executions issued subsequent in date to the recording of such mortgage or transfer in trust, although said company may continue to use the same, on their own or any other road, and shall be in possession of such perProviso. sonal property so mortgaged or transferred: Provided, That the whole amount of bonds and mortgages of real and personal estate, shall, at no time, exceed the sum of two millions of Proviso. dollars: Provided, That all unpaid damages which have ac crued to landholders, by reason of the original construction of said road, shall remain forever, until paid, a lien upon said road; and in case these cannot be amicably settled, the same shall be determined according to the provisions of the several railroad acts. May increase Section 5. That the capital stock of said company may be capital stock. increased or diminished, at a meeting of the stockholders con vened for that purpose, upon notice issued by the directors, or Proviso. a majority of them: Provided, That the said notice shall be published, at least three successive weeks, in one newspaper published in the city of Philadelphia and the counties of Lancaster, Indiana, Westmoreland and Allegheny, respectively, and shall specify the object of the meeting, and the time and place where and when such meeting shall be held: And proviProviso. ded also, That the said capital stock shall not be increased or diminished, unless, at such meeting, the stockholders representing not less than two-thirds of all the shares of the capital stock issued, either in person or by proxy, shall vote in favor of in creasing or diminishing the amount of the same. Corporations Section 6. That it may and shall be lawful for any corporamay subscribe to tion or corporations to subscribe to the capital stock of said Western Pennsylvania railroad company, any amount not exceeding the amount held by the individual stockholders of said Western Pennsylvania railroad company, and to receive, hold and dispose of any stock so subscribed, in the same manner as other property belonging to such corporation or corporations. Election of offi- Section 7. That the stockholders of the Western Pennsylvania railroad company shall hold an election, at such time and such place as shall be fixed in a notice for that purpose, to be issued by Michael Malone, Israel Painter, William Maher, Thomas White, Thomas E. Franklin and George M. Kline, then and there to elect a president and twelve directors, who shall continue in office until the second Monday in January, Anno Domini one thousand eight hundred and sixty-one, and until other officers are elected to supply their place, of which said Notice of election election at least two weeks' public notice shall be given, in one tu bo published. newspaper published in the city of Philadelphia and the coun eers. Terms. ties of Lancaster, Indiana, Westmoreland and Allegheny, respectively. SECTION 8. That if, by any future arrangements or by order Bonds to be ap. of court, the bonds of the county of Butler, issued to the North- plied to construcWestern railroad company, which were not paid out or appro- tween Freeport tion of road be. priated by said North-Western railroad company, amounting to and Butler. one hundred and eighty-four thousand five hundred dollars, sball be given or passed over to the said Western Pennsylvania, railroad company, and the said county of Butler shall make provision for the payment of the interest coupons on the said bonds, the said Western Pennsylvania railroad company shall apply the said bonds, or the proceeds thereof, to the construction of that part of the said railroad lying between Freeport and the borough of Butler, in Butler county. JOHN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senate. APPROVED—The twenty-second day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. No. 318. A SUPPLEMENT To an act to revive and continue the act anthorizing the Governor to incorporate a Company for making an artificial road from the river Schuyl. kill at Reading, in the county of Berks, to or near Hummelstown, in the county of Dauphin. Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That the acditor general, in settling the account of the president, managers and company of the Berks and Dauphin turnpike road, for taxes heretofore levied and assessed, and now due and payable by the said company to the commonwealth, be and he is hereby authorized and required to credit said company with a sum equal to the amount said company would have to pay when declaring a dividend of six per centum per annum, as now provided by law, for each of those years since the incorporation of said company during which no dividend was declared by said company. JOAN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senate. APPROVED—The twenty-ninth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. |