Corporators. Purpose. Style. Privileges. Proviso. Certificates of stock. No. 149. AN ACT To incorporate the Danville and Pottsville telegraph company. 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 Tucker and M. S. Wickersham of the city of Philadelphia, G. A. Nicolls, M. S. Richards, H. H. Muhlenberg of the city of Reading, F. W. Hughes and George W. Snyder of the borough of Pottsville, Cornelius Garretson, William Donaldson, John P. Grove, Warren Murdock, T. O. Van Alen, William H. Magill and A. F. Russel of the town of Danville, Samuel R. Wood and Albert G. Bradford of the county of Northumberland, and their associates, and such other persons as may hereafter become stockholders in the company, called the Danville and Pottsville telegraph company, their successors and assigns, shall be and they are hereby made and constituted a body politic and corporate, for the purpose of making, using, and maintaining telegraph lines and communications between the boroughs of Danville and Pottsville, and intermediate towns and villages, by the name, style and title of the Danville and Pottsville telegraph company; and by the same name, style and title, shall have perpetual succession, and all the privileges, franchises and immunities incident to a corporation, may sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, of record and otherwise; may purchase, receive, have, hold and enjoy to them, their successors and assigns, lands, tenements and hereditaments, goods, chattels, and all estate, real, personal and mixed, of what kind and quality soever, and the same from time to time, may sell, convey, mortgage, grant, alien and dispose of, to make dividends of such portions of their profits as they may deem proper; and also make and have a common seal, the same to alter and renew at pleasure; and also to ordain, establish and put in execution such by-laws, or ordinances and regulations, as may appear necessary or convenient for the government of said corporation hereby created, not being contrary to the constitution and laws of the United States and this commonwealth, and generally may do all and singular, the matters and things which to them shall lawfully appertain to do for the well being of said corporation, and the due management and ordering of the affairs and business of the same: Provided, "That nothing herein contained, shall be so considered and construed, as giving to the said corporation any banking privileges or franchises, or any privileges or franchises, but such as may be necessary or incident to the making, using, and maintaining the said telegraph lines and communications. SECTION 2. That the capital stock of the said corporation hereby created, shall be fifty thousand dollars, in shares of fifty dollars each, certificates of which shall be issued to such person or persons, corporation or corporations, other than counties, townships or municipal corporations, who have heretofore subscribed or paid money, or may hereafter subscribe or pay money for the construction of said telegraph lines, for the number of shares which he, she, or it may have, or shall subscribe for, or hold in the said corporation, signed by the president, and countersigned by the secretary, and sealed with the common seal, which stock shall be transferable in person or by attorney, executors, Transferable. administrators, guardians, trustees, or officers, under such regulations as may be provided by the by-laws. SECTION 3. That it shall and may be lawful for any corporation or Any corporation body politic, other than counties, townships, and municipal corpora may subscribe, tions, to subscribe for, and hold one or more shares of capital stock in except, &c. the said corporation hereby incorporated. SECTION 4. That the said corporation hereby created, shall have power Power. to purchase, make, use, and maintain any connecting or side lines, which are now, or may hereafter be within Schuylkill, Columbia. Northumberland, Lycoming and Bradford counties; and also, shall have power by contract with other persons or bodies politic, to make, connect, use, and maintain their lines of telegraph, with lines of like kind out of this state. SECTION 5. That the persons named in the first section of this act, Meeting. or any four of them, shall call a meeting, to be held on the first day of November next, or at any previous time, of the corporate body hereby created, giving three weeks' notice of the time and place of holding the same, in at least one newspaper in the city of Reading, and boroughs of Pottsville and Danville, for the purpose of choosing a president, secretary and treasurer, and four directors, which four directors with the president, shall constitute the board of directors for the management of its affairs. SECTION 6. That the president, directors, secretary and treasurer Term of office. of said corporation hereby created, shall hold their offices for the term of one year, and until their successors shall be elected, and shall exercise all such powers pertaining to the making, maintaining, use and management of said telegraph lines, and the affairs, interests and business of the said corporation, authorized by its by-laws, and not incompatible with the constitution and laws of this state, or the United States. SECTION 7. That the annual meeting of the said corporation shall be Annual meeting. held on the first Tuesday of June, in each and every year hereafter, unless the stockholders at an annual meeting shall otherwise direct; and special meetings shall be called by the president and directors, Special meetings. whenever in their opinion the interests of the company may require it, or when it may be demanded by persons holding one-third of the capital stock; such reasonable notice to be given of the time and place of holding such meetings, as may be prescribed by the by-laws of the corporation. SECTION 8. That at every election for officers, each share shall en Votes. title the holder thereof to one vote, to be given by ballot: Provided, Proviso. That no one stockholder shall be entitled on account of the stock held by him, to cast more than one-sixth of the entire vote, to which all the shares if held singly, would be entitled, and absent stockholders may vote by agents or proxies, producing written authorities: And provided Proviso. also, In the event of an equal number of votes being cast for two or more candidates, in any election for officers, the choice between them shall be determined by lot. SECTION 9. That it shall and may be lawful for the said corporation Erect and conhereby created, to erect and construct works, edifices, fixtures and struct works, edistructures along and across any of the roads, highways, streets and fices, &c. waters within the afore-mentioned counties, along or across which they shall establish telegraphic wires; the said works to be so placed as not to interfere with the common use of such roads, highways, streets and waters; and the said corporation and all other persons by them authorized, appointed or employed, shall have power and authority to enter Proviso. into and upon, hold, occupy and enjoy any land for the purpose of locating and constructing the said telegraph lines, and using, repairing, maintaining and enjoying the same, upon which the same may be located, or which may be necessary or convenient for the location of the same: Provided, That such compensation previous thereto, shall be made, secured, or tendered to the owner or owners of the land, as may be agreed upon between the parties, or in such manner as is hereinafter mentioned. SECTION 10. That if the said corporation and the owner or owners of any land through which the said telegraph lines shall pass, cannot agree Damages, how upon the price or compensation to be paid by the said corporation for assessed and paid such land taken or used, or the damages done thereto, it shall and may be lawful for either party to apply to the court of common pleas, for the county in which such lands shall lie, by petition, stating the facts in relation thereto; and thereupon it shall be the duty of said court to appoint three disinterested persons of the proper county, or of any county adjoining, and to fix a time, not less than twenty, nor more than thirty days thereafter, for the said viewers to meet upon the premises where the damages are alleged to be sustained, of which time and place notice shall be given, by the party petitioning, to said viewers and to the other party; and the said viewers, when so met, shall be first sworn or affirmed, justly and equitably to assess the damages, if any, which may have been or are likely to be sustained by the owner or owners of such land, and shall then view the premises, and justly and equitably assess and estimate the damages which may have been sustained or are likely to be sustained by the owner or owners of such land through which the said telegraph lines shall pass, and deducting from the damages th value of the advantages and benefits which will be likely to accrue to the owners of said land, from the said telegraph lines or works connected therewith, and to make out a report of their assessment of damages, signed by the said viewers, and return the same to the court appointing them, at the next term thereof; which report being confirmed by the said court, shall be considered a judgment of the said court, and collected in like manner as other judgments of the same court are collected, with the costs of the court: Provided, That if the proper officer of the said company, at any time before application made by either party for the appointment of viewers, in the manner hereinbefore directed, shall tender to the owner or owners of said land, a sum of money in full compensation for his said damages, said company shall not be liable for costs on any subsequent proceeding, unless such owner of land shall receive a larger sum than the previous tender of said company: Provided however, That the said judgment shall be subject to revisal, upon appeal or by writ of error taken by either party, as other judgments in the same court are liable. Proviso. Proviso. perty of com pany, how punished. SECTION 11. That if any person or persons shall wilfully or knowInjuries to pro- ingly, break, injure, destroy or interrupt the telegraph lines and.communications, or any part thereof, or any work, erection, edifice, structure or device, or any part thereof, to be erected by said company, in pursuance of this act, he, she or they shall pay to the said corporation one hundred dollars for said offence, and shall be further liable for all damages which the said corporation may suffer in repairing the injury, and from the interruption of their business, to be recovered in an action of trespass; and if any person incurring the penalty aforesaid, shall, through insolvency or other cause, be unable, or shall fail to pay penalty or damages aforesaid, and shall a second time commit trespass upon the said lines, or any part thereof, as aforesaid, he, she or they the shall be liable, upon conviction thereof, to an imprisonment in the county jail, of not less than one month, nor more than six months. SECTION 12. That the said corporation shall be bound, on application Corporation of any of the officers of this state, or of the United States, acting in the bound to give event of any war, insurrection, riot, or other civil commotion, or resis- communication of tance of public authority, or in the prevention of crime, or with the any officer of the arrest of persons charged or suspected thereof, to give to the communi- state, or the cation of such officer immediate dispatch for transmitting such commu- immediate denications; the company shall charge no higher price than for private spatch, &c. communications of the same length. United States SECTION 13. Dividends of the actual profits of the company shall be Dividends. declared semi-annually, in the months of January and July in each year: Provided, That no dividends shall be declared which shall impair the Proviso. capital stock of said company: And provided further, That all profits Proviso. over twelve per centum, shall be deemed due to the commonwealth, and shall be paid by the company to the state treasurer. SECTION 14. All meetings of the stockholders shall be held in the Meeting of stockborough of Danville, unless otherwise directed by the stockholders, and holders, where three weeks' notice shall be given of each and every such meeting, in held. at least one newspaper in Reading, one in Pottsville, and one in Dan ville. SECTION 15. The legislature reserves the right to alter, revoke or annul Reservation. the privileges and powers conferred by this act, at pleasure: Provided, That no injustice be done to the corporators. WILLIAM F. PACKER, APPROVED-The twelfth day of February, one thousand eight hun dred and forty nine. WM. F. JOHNSTON. No. 150. AN ACT To incorporate the German Evangelical Lutheran John's congregation, in the borough of Chambersburg. 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 a corporation is hereby created by the name, style and title of "The Style. trustees, elders, church wardens and members of the German Evangelical Lutheran John's congregation, in the borough of Chambersburg and parts adjacent," and by the same shall have perpetual succession, Privileges. Proviso. Powers of church council. Proviso. Trustees, elders and church wardens, powers of Election of trustees, elders, &c., how regulated. Quorum. and be able to sue and be sued, plead and be impleaded in all courts of law and elsewhere, and shall be able and capable, in law and equity, to receive and hold, to them and their successors, for the use of said corporation, lands, tenements, goods and chattels of whatever kind, nature or quality, real, personal or mixed, which are now, or shall or may at any time hereafter become the property of said corporation, or be held for their use, by gifts, grants, bargains, sales, conveyance, devise. bequest or otherwise, from any person or persons whomsoever, capable of making the same, and to grant, bargain, sell, mortgage, improve or dispose of the same for the use of the said corporation: Provided, That the yearly value or income of said estate, held by said corporation, shall not at any time exceed the sum of two thousand one hundred dollars. SECTION 2. That the church council and their successors shall have full power to make and use one common seal, and the same to alter and renew at pleasure; to enact and enforce such by-laws and ordinances as may be necessary and proper for the regulation and transaction of the business of the corporation: Provided, That said by-laws and ordinances shall not be inconsistent with the constitution and laws of this state or of the United States. SECTION 3. That the power of managing and superintending the temporal concerns of the congregation, and administering and executing the discipline, government, by-laws and ordinances thereof, shall be vested in a church council, which shall consist of the trustees, elders and church wardens; but such power shall not extend to the calling or dismissing of the minister, or the purchase or sale of any property, without the consent of a majority of the qualified members of the congregation, attending a public meeting called for that purpose. SECTION 4. That the number of trustees, elders and church wardens, the manner, time and place of their election, the duration of their several offices, the qualification of voters, and the supplying of vacancies, shall be regulated by the by-laws and ordinances of the congregation. SECTION 5. That the church council (two-thirds of whom shall constitute a quorum,) shall have regular stated meetings for the transaction of business; they shall appoint a secretary and treasurer: the secretary shall register all their proceedings, by-laws and ordinances, in a book to be kept for that purpose, which shall be open to the inspection of any regular member of the congregation who may desire to examine the same; the treasurer shall keep an account of the receipts and expenditures of the congregation, and shall exhibit a statement of the same to the church council when required. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twenty-seventh day of February, A. D. one thou sand eight hundred and forty-nine. WM. F. JOHNSTON. |