Proviso. Election of directors. When road to be commenced shall not exceed seven per centum per annum; and said bonds, or any part thereof, may be drawn, convertible or not convertible into the stock of said company, at the option of the holders thereof, as the said company shall determine when they are issued: Provided also, That no bons shall be issued for a less sum than one hundred dollars, and that said company shall issue no preferred stock. SECTION 5. That the number of directors of said company shall be six, any four of whom, or three directors and the president, shall form a quorum; the annual meeting of the stockholders, for the election of president and directors, shall be held on the first Tuesday of February, and the first president and board of directors shall serve until that date. SECTION 6. That if the said railroad shall not be commenced within one year from the passage of this act, and completed and completed. from the Barclay railroad to the Elmira and Williamsport railroad, ready for use, within four years thereafter, then this charter shall be null and void. Rates of charges Bonus. Tax on dividends. SECTION 7. That the rates of toll, and motive power charges on coal, on said railroad, shall not exceed two cents per ton per mile, for each ton of two thousand pounds transported over said road, in cars owned or furnished by the parties for whom the coal is transported. SECTION 8. That this corporation shall pay into the treasury of the commonwealth, a bonus of one-half of one per centum on the capital stock hereby authorized, and on any increase thereof, in four equal annual instalments, and such taxes on dividends as is or may be provided by law; and the stockIndividual lia- holders of said company shall be individually liable for all bility. debts due mechanics, workmen and laborers employed by said company, and for all materials and provisions furnished to said company, to be sued for and collected as is provided in the twelfth, thirteenth and fourteenth sections of the act incorporating the Lackawanna Coal and Iron Company, approved the fifth day of April, one thousand eight hundred and fifty-three. May construct a Subject to. SECTION 9. That said company shall have the right to erect line of telegraph and maintain a line of telegraph along their said road, and to extend the same to Troy and Towanda, in Bradford county, and to their mines; and to make the same charges for business done thereon, and have the same rights and privileges within the above limits, and shall be subject to the same obligations and duties as are conferred on, or imposed upon, the Towanda Telegraph Company, by the act of assembly, passed the twenty-fifth day of February, Anno Domini one thousand eight hundred and sixty-one, and the act, entitled "An Act to incorporate the Philadelphia and Wilkesbarre Telegraph Company," passed the twenty-ninth day of March, Anno Domini one thousand eight hundred and forty-nine. APPROVED-The fourth day of March, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 105. An Act To authorize the Lehigh Coal and Navigation Company to extend their railroad from White Haven to Mauch Chunk, WHEREAS, The valley of the river Lehigh has, on several Preamble. occasions, and latterly on the fourth day of June, one thousand eight hundred and sixty-two, been the scene of fearful floods, occasioning great loss of life and property along the line of said river: And whereas, The severity of said floods is thought to have been greatly increased by the destruction, mostly above Mauch Chunk, of dams and other works, erected by the Lehigh Coal and Navigation Company, to create a slackwater navigation along said river, in accordance with the requirements of divers acts of assembly, relating to said company : And whereas, It would greatly conduce to the future safety of persons and property, along the line of said river, if a portion of said wo ks, now in ruins, on the upper section of said navigation, should not be restored: And whereas, It is nevertheless important to the legitimate interests of said company, and to the public, that the said slackwater navigation should not be disconnected from the railroad, also belonging to said company, and known as the Lehigh and Susquehanna railroad, constructed under a certain act of assembly, entitled "An Act authorizing the construction of a railroad to connect the North Branch division of the Pennsylvania canal, at or within the borough of Wilkesbarre, with the slackwater navigation of the Lehigh," approved the thirteenth day of March, one thousand eight hundred and thirty-seven, said railroad and slackwater navigation forming a continuous line from Wilkesbarre to Easton; therefore, slackwater navigation in repair 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 the Lehigh Coal and Navigation Company be and they Relieved from are hereby relieved from any and every obligation, at law or obligation to in equity, to place or keep in repair their slackwater naviga- keep certain tion above Mauch Chunk, or any portion thereof, except such parts of the same as the board of managers of said company shall within one year from the date hereof determine to repair, and signify such their determination by writing, filed in the office of the secretary of the commonwealth; and the said company are hereby authorized and empowered to construct, Construction of or cause to be constructed, upon and along the site heretofore railroad from occupied by the said navigation, and the works connected Mauch Chunk therewith, or upon any land conveniently near to said naviga- authorized. tion, a railway, extending from the present terminus of the White Haven to Time for com. mencement and completion of. May connect with certain other roads. Proviso. Inclined planes on certain por Lehigh and Susquehanna railroad, near the borough of White Haven, to Mauch Chunk, or from and to any point or points between said terminus and said Mauch Chunk: Provided however, That the said company shall, within one year from the date hereof, commence some portion of the railway hereby authorized, and complete the same within five years from the passage of this act: And provided further, That the said company may at any time, within the said five years, from time to time commence, and within a reasonable time thereafter, complete any further portion or the whole of said railway, notwithstanding they may, within the term of one year, as aforesaid, have commenced the construction of only a portion of said entire route; and the said company shall have the right to connect their said railway with the Hazleton, the Beaver Meadow, the Lehigh Valley, and any other railroad now constructed, or which may hereafter be constructed, to run to or along the valley of the Lehigh, in the vicinity of their said railway: Provided also, That nothing herein contained shall be construed to interfere with or bar any suit or action now pending against the said Lehigh Coal and Navigation Company; and that a continuous line of railroad communication between White Haven and Mauch Chunk, on one or or other side of the river, shall be in operation within two years from the date hereof. SECTION 2. That the said company may make such alterations in the location of their said Lehigh and Susquehanna tions of road railroad, between the head of the inclined planes on said road, may be increasand the borough of Wilkesbarre, as they may deem expedient; ed or diminished, or use of and may increase or diminish the number of said inclined discontinued. planes, if they shall deem the same advisable; and may suspend or discontinue, from time to time, the use of said inclined planes, whenever they shall deem it more advantageous to do their transportation with locomotive engines over the branch road, commonly called back track, which they have been authorized to build from the head to the foot of the planes, by the act of assembly, approved the eighteenth day of April, eighteen hundred and sixty-one: Provided, That instead of being allowed, as heretofore, to charge at each inclined plane where stationary power is used, three times the toll allowed for one mile of road, said company may charge at each plane not exceeding three times as much as for a length of road with locomotive power equal to the length of such inclined plane. Charges on same. Branches authorized. May borrow money and SECTION 3. That the said company shall have the right to build branches, not exceeding eight miles in length each, to connect their said Lehigh and Susquehanna railroad, or the aforesaid back track, or the railway authorized by this act, with coal mines or with other railroads. SECTION 4. That for the purpose of constructing the improvements authorized by this act, and for repairing their mortgage pro- works, and for general purposes of their business, it shall be perty. lawful for said company to borrow, from time to time, such sums of money as they shall deem expedient, not in the whole exceeding three millions of dollars, and to mortgage their canal, slackwater navigation, railroads, property and franchises, or any part thereof, as security therefor. SECTION 5. That the provisions of the tenth; eleventh, Certain provitwelfth, thirteenth, fourteenth, fifteenth, sixteenth and, eigh- sions extended teenth sections of the act of nineteenth February, eighteen to. hundred and forty-nine, entitled "An Act regulating railroad. companies," and those of the several existing supplements to said act, are hereby extended to the Lehigh Coal and Navigation Company, so far as relates to the construction, maintenance, use, management and repairs of the railway and branches authorized by this act and of the Lehigh and Susquehanna railroad, and the branches thereof; and the said the Lehigh Coal and Navigation Company are hereby fully invested with all the rights, powers, privileges and franchises therein contained. SECTION 6. That so much of any act or acts of assembly, as Repeal. is hereby altered or supplied, be and the same is hereby repealed. SECTION 7. That this act shall not go into effect unless it be When this act accepted by a majority of the votes of the stockholders of the to go into effect. Lehigh Coal and Navigation Company, present at a meeting to be called for that purpose, within two months from the pas sage of this act, nor until a certificate of such acceptance, Certificate of acunder the seal of the corporation, attested by the president ceptance to be and secretary thereof, shall have been deposited in the office filed. of the secretary of the commonwealth. JOHN CESSNA, Speaker of the House of Representatives. GEORGE V. LAWRENCE, Speaker of the Senate. APPROVED-The fourth day of March, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 106. An Act To exempt from taxation the Philadelphia City Institute. 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 the real estate and library of the Philadelphia City Institute, situate at the north-east corner of Chestnut and Eighteenth streets, in the city of Philadelphia, be and the same is hereby exempted from taxation, except state tax. JOHN CESSNA, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The fourth day of March, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. voters. No. 107. An Act Supplementary to an act extending the powers of the corporation of : 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, Qualifications of That the charter of the borough of Bristol be and the same is hereby amended, to embrace the following alterations and amendments that it shall and may be lawful for all persons, entitled to vote for members of the state legislature, and who shall have paid a borough tax within one year: Provided, That such tax shall have been lawfully assessed, at least ten days previous to such election; and in case there shall be no borough tax assessed by the burgess and council, then the qualifications to be the same as persons qualified to vote for Election of chief members of the state legislature; to meet at the town hall, in burgess. said borough, on the third Friday in March, one thousand eight hundred and sixty-three, and on the third Friday in March, in every second year thereafter, and there elect, by ballot, one person, who shall be styled the chief burgess of said borough, by a plurality of the votes; and in case of a tie vote, the council shall order a new election; he shall serve for two years, and until his successor shall be elected and duly qualified; he shall be at least twenty-five years of age, a citizen of the United States, and have resided within this commonwealth seven years preceding his election, and the last three years in the said borough; he shall take the usual oath of office, in the presence of the council, to be administered by a justice of the peace, at eleven o'clock, A. M., on the Tuesday next succeeding his election, and he shall administer a like oath, or affirmation, to each of the newly elected members of the council, and also to the high constable; besides the power otherwise conferred by law, he shall have the like powers as the sheriff of Bucks county now has for the sup Eligibility. Duties and powers of. |