Their election. Votes. By-laws. Dividends. Penalty for illegally using gas. Penalty for injuries to works. year, thousand eight hundred and fifty-seven, at which time the stock- SECTION 5. That the board of managers of this corporation shall have power to make by-laws, not inconsistent with the laws of this commonwealth, and shall keep minutes of all their proceedings, which shall at all proper times be open to the inspection of the stockholders, and do all such acts and things for the proper regulation and government of the corporation, as they may deem necessary: They shall have power to declare dividends of so much of the net profits of the corporation as shall appear to them advisable, on the first Mondays in January and July of each year, which shall be paid to the stockholders on demand, ten days after the same shall have been declared. SECTION 6. That if any person or persons shall open a communication into the gas main or other gas pipes of said company, without authority from the proper officer thereof, or shall let on the gas after it has been stopped by order of the company or its authorized agent, or use any gas without drawing it through the metres put up for the purpose of measuring the same, or shall put up any pipes or burners, without having the same inspected and approved by the proper officer of the corporation, at proper times and under proper circumstances to inspect the pipes, metres, burners, et cetera, put up in any building, he, she or they so offending, shall be subject to a penalty of not less than five, nor more than fifty dollars, to be recovered before any justice of the peace as debts under one hundred dollars are recoverable, one-half to be paid to the informer, and the other half to the borough of Lebanon for the use of said borough. SECTION 7. That if any person shall wilfully or maliciously do, or cause to be done any act or acts whatever, whereby any building, construction, works, gas pipes, gas posts, burner, or any other matter or thing appertaining to the same shall be ob structed, injured or destroyed, the person or persons so offending, shall be considered guilty of a misdemeanor, and may be thereof indicted in the court of quarter sessions of the county of Lebanon, and on conviction, shall be punished by fine not exceeding five hundred dollars, or imprisonment not exceeding one year, or both, in the discretion of the court: Provided, That said criminal prosecution shall not, in any way, impair the right of said company to a full compensation in damages in a civil suit or action. SECTION 8. That said company shall, without unnecessary Duty of company. delay, refit, repair and restore to good and safe condition, all openings made in any of the streets, lanes and highways of the said borough, occasioned by the laying, refitting or examining their pipes, or for any other purpose, at the expense of said company, and to the satisfaction of the town council of said borough; and on failure to do so, shall forfeit and pay to and for the use of the borough, with full costs, such a sum of money as may be necessarily expended by the town council in refitting and restoring the same; and the said company shall furnish all gas required or used for lighting up any or all of the streets, alleys or squares of said borough, at a deduction of five per centum from the rates charged to property holders and others by said company. Penalty for re exclusive. SECTION 9. That it shall not be lawful for said company to stop off the gas from any consumer, except for the purpose of fusing gas. repairs or unavoidable accident, who is willing to pay, and who tenders the amount due to the company by said consumer, for gas already consumed according to the established rates, under the penalty of five dollars, to be recovered for the use of the person injured as debts of like amount are by law recoverable; and the privileges granted by this act shall be exclusive, upon Privileges to be condition that the said company shall continue without unnecessary or unreasonable interruption to supply said borough, and the inhabitants thereof, with good and sufficient light (except in case of accidents) from the gas manufactured by said company, at the rates herein before mentioned: Provided nevertheless, That said company shall not be required to lay down. pipes for conveying gas to any portion of said borough, or its vicinity, unless, in the opinion of the managers, such portion contains a sufficient number of consumers to warrant the expense. money. SECTION 10. That the managers of this company are hereby May borrow authorized to borrow, if necessary, any sum or sums of money not exceeding ten thousand dollars, for the purpose of aiding them in the construction of their works, and to secure the payment of the same, may execute a mortgage or judgment upon their works and real estate, signed by their president, and attested by their secretary, in favor of the person or persons who may have loaned the same; and the said managers shall provide for the payment of the interest, not to exceed eight per cent. per annum upon any loan made under this section, out of the receipts of said company, before any dividends shall be paid to the stockholders. subscribe. SECTION 11. That it shall and may be lawful for the burgess Burgess, &c., of and town council of the borough of Lebanon to subscribe for or Lebanon may purchase stock not exceeding four hundred shares, and to receive and dispose of any stock so subscribed or purchased, in the same manner as other property belonging to said borough, and to have a right to vote for president and managers of said company the same as other stockholders of the said company. RICHARDSON L. WRIGHT, WM. M. PIATT, Speaker of the Senate. APPROVED-The twenty-ninth day of March, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. Corporators. Style. Expenses to be paid Drains. No. 395. AN ACT To incorporate the Governor's Creek Meadow Company, in Falls township. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That William S. Janney, Charles Ellis, Jonathan Eastburn, John Lingle, Benjamin Sterling, Isaac J. Robbins, Hector C. Ivins, Mark Wright, Ebenezer H. and William S. Mull, representatives of the estate of Martin Mull and Edward Worrell, and their suc cessors, be and they are declared to be a body politic and corpo rate in law and in fact, by the name, style and title of the Gov ernor's Creek meadow company, in Falls township, Bucks county, and by the name, style and title aforesaid to have and enjoy all the usual and necessary powers of bodies politic and corporate. SECTION 2. That each and every member of the company, their heirs and successors, shall pay to the trustees for the time being, his, her or their proportion of all expenses incurred or to be incurred, hereinafter named, and their successors appointed as hereinafter mentioned, in such manner as the company, at their annual meeting, shall from time to time direct. They shail also, at their own expense, keep their drains open through their respective lots, in such manner as to give the greatest fall the ground will admit. SECTION 3. That the general meetings of the company shall Annual meetings, be held on the first Saturday in the year annually; of the time and place of holding such meetings it shall be the duty of the trustees for the time being to timely give notice to each and every member. Elections. By-laws. Present trustees. Their duties. SECTION 4. That at said annual meeting, two-thirds of the members being present, shall elect by ballot three of their num ber trustees for one year; examine the accounts of the trustees of the preceding year, which the said trustees shall lay before them, and allow such as to them shall appear just and reasonable; subject, nevertheless, in case of disagreement between the trustees and company, to the arbitration of disinterested persons, to be mutually agreed on by the parties, but if the parties cannot agree in the choice of such arbitrators, they are to be nominated by the nearest justice of the peace, not interested, at the request of either party; and to make all such rules, ordinances and bylaws for the regulation of the company as to them shall appear necessary: Provided, That such rules, ordinances and by-laws shall not be repugnant to the constitution and laws of this com monwealth. SECTION 5. That Charles Ellis, Samuel Eastburn and Isaac J. Robbins, are hereby appointed the present trustees, who and their successors duly elected according to this act, shall attend to the banks and sluice at the river; they shall keep them in repair; they shall ascertain the expenses, and apportion them among the members, and until it shall be otherwise directed by the company, they shall call upon each member to work out his, her or their portion of the expense: Provided, The nature of the work and the urgency of the case will admit the same. SECTION 6. That it shall be the duty of the trustees to per- Duties of trustees sonally inspect the drains or ditches from the river to the other extremity twice in each year (spring and autumn;) they shall see that the drains or ditches are properly opened, and in case of the neglect or refusal of any member to remove obstructions in said drains or ditches, upon ten days' notice being given to such member or members, the trustees are hereby required to have them removed at his, her or their expense, and upon the refusal of any such member to pay his, her or their portion of the expenses so incurred, in thirty days, the said trustees are required to immediately sue for and recover the same, and all other moneys which shall become due the company, as all other debts of like amount are recoverable by law; and cause a survey and valuation of the said marsh to be made when directed so to do by the company. SECTION 7. That this act shall continue in force for forty years Limitation. from and after the passing thereof, and no longer. RICHARDSON L. WRIGHT, APPROVED-The twelfth day of March, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. No. 396. AN ACT Relative to the Mansfield Iron Works. 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 the Mansfield iron works are hereby authorized to sell the bonds of said company at such rates as may be agreed upon by the parties; and if said bonds are thus sold at a discount, such sale shall be as valid in every respect, and such securities as binding for the respective amounts thereof, as if they were sold at their par value, and the purchaser or purchasers thereof shall not be liable to prosecutions for usury. RICHARDSON L. WRIGHT, APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. Ferry authorized. Duty of owners. Tolls. Penalty for injuries to boats, &c. No. 397. AN ACT To establish a Ferry over the North Branch of the Susquehanna river at or near Centreville, in Columbia county. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That Charles H. Hess and Andrew Freas, their successors and assigns. shall have the right and privilege, at their own expense, to keep good and convenient landings on both sides of the Susquehann river, at a place near Centreville and opposite, in Columbu county, now occupied by the said Hess and Freas as a ferry. and to use the river between the said landings as a public ferry. SECTION 2. That the said Charles H. Hess and Andrew Freas. their successors and assigns, shall keep the said landings and ferry in good order and repair, fit for transportation and passage of travelers, teams and carriages, and shall keep good and substantial boats and other crafts, and competent and careful ferrymen, who shall constantly, as occasion may require, attend for the purpose of carrying passengers, teams and carriages across the said river with all reasonable diligence and care. SECTION 3. That the said Hess and Freas and their successors and assigns shall have the right to keep extended across said river, at said place, a wire rope, such as they now have to facilitate crossing; and as a remuneration for keeping up and in good repair said landings and rope ferry as aforesaid, shall receive such tolls for carrying persons, teams, carriages, horses and other animals as are received by other ferries of like import crossing the said ferry: Provided, That the rope or wire shall not be so extended as to interfere with or obstruct the navigation of said river; and nothing in this act contained shall be so construed as to authorize them to receive or discharge any travelers, cattle or carriages, et cetera, as aforesaid, on land on either side excepting the public highway, without the consent of the owner or owners thereof. SECTION 4. That if any person or persons shall wilfully pull down, cut or break, or in any way injure or destroy any ropes, wire or boats, or other property belonging to said ferry, he, she or they so offending shall pay to the said Charles H. Hess and Andrew Freas, their successors and assigns, the sum of twenty dollars in addition to all damages sustained by the said Charles H. Hess and Andrew Freas, their successors and assigns, to be recovered as debts of like amount are now by law recoverable. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. |