consolidation, duly certified by the secretary of state under the great seal of the state of Ohio, shall be evidence of the existence of said corporation. SECTION 3. Upon making and perfecting the agreement and When companies act as provided in the preceding section, and filing the same or shall be deemed consolidated. a copy with the secretary of state, the several corporations parties thereto shall be deemed and taken to be one corporation, possessing within this state all the rights, privileges and franchises, and subject to all the restrictions, disabilities and duties of such corporation of this state so consolidated. SECTION 4. It shall be the duty of the stockholders at the Time and place meeting called to take into consideration said agreement, as of electing officers herein before provided, after the adoption of the same, to appoint a time and place for the election of the directors and other officers of the new corporation, which may be provided for in said agreement, notice whereof shall be given by the secretary of each of said companies in some newspaper printed at the place of the principal office of each of said companies, of the time and place of said election, at least three weeks previous thereto, which election shall be conducted in the manner that may be prescribed by said meeting of stockholders. pany. SECTION 5. Upon the election of the first board of directors Rights, &c., to of the corporation created by said agreement of consolidation vest in new comand by the provisions of this act, all and singular the rights, privileges and franchises of each of said corporations, parties to the same, and all the property, real, personal and mixed, and debts due on account of subscriptions of stock or other things. in action, shall be deemed to be transferred and vested in such new corporation without further act or deed; and all property, all rights of way, and all other interests, shall be as effectually the property of the new corporation as they were of the former corporations, parties to said agreement; and the title to real estate, either by deed, gift, grant or by appropriations under the laws of this State, shall not be deemed to revert or be impaired by reason of this act: Provided, That all rights of creditors, and all liens upon the property of either of said corporations, shall be preserved unimpaired, and the respective corporations may be deemed to be in existence to preserve the same; and all debts, liabilities and duties of either of said companies shall thenceforth attach to said new corporation, and be enforced against it to the same extent as if said debts, liabilities and duties had been contracted by it. Rights of credi tors, &c., not to be affected. lished in this state SECTION 6. Such new company shall, as soon as convenient Office to be estab after such consolidation, establish a principal office at some point in this state, on the line of its road, and change the same at pleasure, giving public notice in some newspaper of such establishment or change. SECTION 7. Suits may be brought and maintained against such new company in the courts of this state for all causes of action, in the same manner as against other railroad companies in this state. Suits. SECTION 8. That portion of the road of such consolidation Taxation. company in this state, and all its real and personal property, shall be listed for taxation, and taxed in the same manner as the road and property of other railroad companies in this state; to ascertain the proportion of the rolling machinery subject to May extend road into other states. Certain s'ockhol @ertained. taxation in this state, the officer listing the same shall ascertain the value of all the rolling machinery of such company, and return a sum bearing the same proportion to the value of the whole that the length of the line of such road within this state bears to the length of the whole line. SECTION 9. That any railroad company now organized, or which may hereafter be organized in this state, for the purpose of constructing a railroad to the boundary line of this state, shall be authorized to extend its road into and through any adjoining state, under the regulations which may be prescribed by such adjoining state; and the rights, powers and privileges of such company over such extension in construction and use of such road, in controlling the property and applying money and assets thereon, shall be the same as if said road had been built wholly within this state. SECTION 10. Any stockholder who shall refuse to convert his ders to be paid off stock into the stock of the consolidated company, shall be paid the highest market value of such stock, at any time within six months next preceding the time of the making of such agree. ment for consolidation, by the directors, if previous to such consolidation he shall so require; and if the stockholder so refusing to consolidate, and the board of directors of the company desiring to consolidate, cannot agree as to the value of said stock, it shall be lawful for the parties to submit the question to How value of such arbitration, which arbitration shall be conducted in accordance stock shall be as- with the provisions of the law in force regulating arbitrations, so far as the same may be applicable, by three disinterested persons, to be appointed, upon the motion of either of the parties, by the judge of the court of common pleas of the county in which the person owning the stock shall reside, or in case he be a non-resident of the state, or of any county through which said road shall pass, then in the county in which the principal office of the company shall be kept; and if the person so refusing to convert his stock shall refuse to submit the question to arbitration, the proper judge shall, upon the application of any director of either of the companies desiring to consolidate, appoint the arbitrators, who shall proceed to ascertain the value of the stock the same as if the question had been submitted by the consent of both parties; and if the party owning the stock shall refuse to receive the amount awarded in any case provided for in this section, it shall be lawful for the company to deposit the same with the clerk of the court of common pleas of the county in which the arbitration shall be held, which deposit shall authorize the parties to proceed to consolidate without further payment to such stockholder. Notice in case of arbitration. SECTION 11. In all cases of arbitration under the provisions of the foregoing section, it shall be the duty of the party desiring such arbitration to give the opposite party at least ten days' notice of his intention to apply to the judge for the appointment of the arbitrators, which notice shall be served in the same manner as is provided for the service of a summons, and shall specify the time and place of the hearing of such motion: Provided, That in cases of non-residents the notice shall be by publication, made in the same manner and for the same time as provided by sections seventy, seventy-one and seventy-two of the act, entitled "An Act to establish a code of civil procedure," passed March eleventh, one thousand eight hundred and fifty three. N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD, APRIL 10, 1856. President of the Senate. SECRETARY OF STATE'S OFFICE, I, James H. Baker, Secretary of State of the State of Ohio, do hereby certify, that the foregoing act is correctly copied from the original rolls on file in this office. [L. S.] Witness my official signature and the great seal of the state of Ohio, at the time and place above written. JAMES H. BAKER, Secretary of State. No. 392. A SUPPLEMENT To the act incorporating the Chester Valley Railroad 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 hereafter the Chester Valley railroad company shall not be liable to the commonwealth for the payment of any tax upon passengers or freight passed from their railroad to and upon the Philadelphia and Columbia railroad westward, and any proviso inconsistent herewith, contained in any act of assembly relating to said Chester Valley railroad company, is hereby repealed: Provided, That the legislature hereby reserves the right to reenact the same at any future time. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. APPROVED-The sixteenth day of April, Anno Domini one thou sand eight hundred and fifty-six. JAMES POLLOCK. No. 393. AN ACT For the payment of certain costs incurred in the collection of taxes on licenses in the county af Philadelphia. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That so much of the act of assembly of this commonwealth passed the thirteenth day of March, one thousand eight hundred and forty-seven, as provides that the costs incurred in collecting mercantile taxes shall be paid out of the state treasury upon the warrant of the auditor general, be and the same is hereby extended to costs incurred in the collection of the taxes on inns and taverns, beer, eating and oyster houses, breweries and distilleries, billiard rooms and bowling saloons, brokers and venders of patent medicines in the city and county of Philadelphia, for the years one thousand eight hundred and fifty-two and one thousand eight hundred and fifty-three; and it shall be the duty of the accounting officers of this commonwealth to credit the sureties of Robert G. Simpson, late treasurer of the county of Philadelphia, with the amount paid by him in suits for the collection of such taxes for the commonwealth, during his term of office, in those cases where said accounting officers shall consider the same just and proper, by making such allowance upon the judg ment obtained against the said Robert G. Simpson and his sureties, in the Supreme Court for the Eastern district, on the eleventh day of November, one thousand eight hundred and fiftyfour, as though the said credit had been given in the settlement of his account with the commonwealth. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. APPROVED-The sixteenth day of April, Anno Domini one thou sand eight hundred and fifty-six. JAMES POLLOCK. No. 394. AN ACT To incorporate the Lebanon Gas Company. Style. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Simeon Guilford, Adam Grittinger, John Weidman, Levi Kline, Corporators. George Lineweaver, David M. Karmany, John W. Mish, Cyrus D. Gloninger, Benjamin B. Lehman, George Hoffman, David Bowman, William Myers, John George, William Shirk, Jacob Weidle, and their associates and successors, be and the same are hereby made and constituted a body politic and corporate, by the name and style of the Lebanon gas company; and by said name they and their successors shall and may have perpetual succession, and shall be in law capable of suing and being sued, pleading and being impleaded in all courts and judic atories whatever; and also of contracting and being contracted with relative to the business and objects of said corporation as hereinafter declared; and they and their successors may have a common seal, and may change and alter the same at pleasure; and shall have power to lease or purchase in fee simple, or otherwise, such real estate as may be necessary for carrying on the business of said corporation; and in their corporate name to make and execute obligations for the liabilities created in the transactions of said business of the corporation, and for none other. Privileges. SECTION 2. That the said corporation shall have authority to Authority to supsupply with gas light the borough of Lebanon, and its vi- ply gas, &c. einity, in the county of Lebanon, and such persons, partner. ships and corporations residing therein as may desire the same, at such price as may be agreed on; and also to make and erect within said borough, the necessary buildings, machinery and apparatus for manufacturing and distributing the same, with the right to enter upon any public street, lane, alley or highway, for the purpose of laying down pipes, altering, inspecting and repairing the same, doing as little damage to said streets, lanes, alleys and highways, and impairing the free use thereof as little as possible. SECTION 3. That the capital stock of said corporation shall be Capital. thirty thousand dollars, to be divided into shares of twenty-five dollars each, and may be increased from time to time, not to exceed eighty thousand dollars, as the directors thereof shall deem necessary; for all which stock certificates shall be issued, signed Certificates of by the president, countersigned by the secretary, and sealed stock with the common seal of said corporation; which certificates shall be transferable at pleasure, by the owner thereof, or by attorney duly authorized for that purpose, in the presence of the president or secretary, in a book to be kept for that purpose by said corporation. SECTION 4. That the management and control of said corpora- Directors. tion shall be vested in the persons named in the first section of the act, until the first Monday in January, Anno Domini one |