No. 343. AN ACT To facilitate the Collection of Debts due the Commonwealth. 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 whenever in the opinion of the auditor general or attorney general, the interests of the commonwealth require it, they or either of them shall have power to employ the services of resident attorneys, to assist in the prosecution and trial of causes and the prosecution of claims, for which services such reasonable compensation as the circumstances will justify, or as may have been agreed upon, shall be allowed by the auditor general. APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. No. 344. A FURTHER SUPPLEMENT To the act incorporating the Pennsylvania Coal Company. 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 time for commencing and completing the extension of the railroal of the Pennsylvania coal company, as authorized, be and the same is hereby extended for a further period of five years; and in case of the construction of the said extension, with the New York and Erie railroad, at some point in the county of Pike, it shall be lawful for said company to lease to the New York and Erie railroad company, or to the Erie railway company, for a term of years, that portion of the railroad so extended, subject to the provisions, privileges, powers, limitations and restrictions, contained in the act providing for such extension, entitled "A further supplement to the act incorporating the Pennsylvania coal company," approved the fifteenth day of March, Anno Domini one thousand eight hundred and fiftythree. ELISHA W. DAVIS, Speaker of the House of Representatives. ROBT. M. PALMER, Speaker of the Senate. APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. Certain provi No. 345. A FURTHER SUPPLEMENT To the act incorporating the Donaldson Improvement and Railroad Company, formerly the Eagle Iron Company, approved the fifth day of May, Anno Domini one thousand eight hundred and forty-one, and the several supplements thereto. 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 provisions in the second section of the supplement to the sione extended. act incorporating the Donaldson improvement and railroad company, et cetera, which was approved the fifteenth day of March, Anno Domini, one thousand eight hundred and fifty-five, shall be extended so as to make all lands acquired by said company, within ten years thereafter, subject to the lien of the mortgage author ized by said supplements: Provided, That before such land acquired after the date of this act shall be subject to said lien as aforesaid, the shareholders of said company shall, at a special meeting, direct that said lands, so acquired as aforesaid, shall be held by said company, subject to the lien of said mortgage as aforesaid. Proviso. Additional stock authorized. Purposes of. Sale. SECTION 2. That the said company be and is hereby authorized to issue, in addition to the stock which it has already been au thorized to issue under the provisions of its existing charter, eight thousand shares of stock, for the purpose of sinking shafts, slopes, erecting necessary machinery, building houses upon these lands, in order to the development of the coal therein, and for the purpose of paying, purchasing, extinguishing any obligations or existing liabilities of said company, and for other purposes, each share to represent and entitle the holders thereof to twenty-five dollars on the capital stock of said company; and the said corporation may sell and dispose of the said additional stock, or any part of the same, in the market, for the best price that can be gotten for the same; and the said additional stock dividends. so issued shall be entitled to a preference over all other stock of To be entitled to the said company, in every future dividend of profits which preference in may be declared by said company, until the holders of such additional stock shall have been paid from the funds applicable to the payment of such dividends, not exceeding eight per cent. Limitation. nor less than six per cent. on the amount of capital stock of said company, represented by said shares of additional stock so held by them respectively. SECTION 3. That the act of assembly, approved the twenty- Enrolment tax. second day of April, one thousand eight hundred and fifty-six, entitled "An Act to repeal certain acts of assembly upon nonpayment of the enrolment tax," shall not apply to an act sup plemental to the charter of the Donaldson improvement and railroad company, formerly the Eagle iron company, approved the thirteenth day of April, one thousand eight hundred and fiftythree: Provided, That the said company shall have paid the Proviso. enrolment tax on said act, within twenty days after the passage of this supplement; and the holders of the other stock of the said company shall not be entitled to participate in any future dividends out of the profits of said company, until the holders of said addititional stock have been paid from the funds applicable to such dividends, not exceeding eight per cent. per annum on the amount of the capital stock of the said company, represented by the said additional stock so held by them respectively: Provided, That nothing herein contained shall be construed to give Proviso. to the holders of said additional stock any preference over the creditors of said corporation, whether the debts due to such creditors have been already or may hereafter be contracted: And provided further, That the holders of said additional stock Proviso. shall have the privilege of converting the said stock, so held by them, into common stock of the said company, and at any time after the passage of this act. SECTION 4. That this act shall not take effect until it shall When to take have been accepted by a majority in interest of the stockholders effect. of said company, present at a meeting called for the purpose, after due notice to the several stockholders, published in two newspapers in Philadelphia and one in Schuylkill county, ten days prior to the meeting. ELISHA W. DAVIS, Speaker of the House of Representatives. ROBT. M. PALMER, Speaker of the Senate. APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. Boundaries. No. 346. SUPPLEMENT To an act to incorporate the town of Middleport, Schuylkill county, into a borough, approved fourteenth April, Anno Domini one thousand eight hundred and fifty-nine. 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 Charter amended from and after the passage of this act the charter of incorporation of the borough of Middleport, in the county of Schuylkill, shall be so amended as to embrace within the corporate limits of said borough, in addition to the territory already included, the territory embraced within the following boundaries, to wit: Beginning at the south-east corner of the present borough; thence south eighteen degrees east one hundred feet to a post; thence south seventy-one degrees west three thousand nine hundred feet to a post; thence north eighteen degrees east three thousand one hundred and twelve feet to a post; thence north seventy-one degrees east one thousand eight hundred and fifty feet to a post and stone the north-west corner of the present borough; and the said described territory shall be subject to all the laws and ordinances, and entitled to all the privileges of the said borough, as if the same had been included in the original act of incorporation. Town council. Proviso. Proviso. Chief burgess. Repeal. SECTION 2. That hereafter the board of town council shall consist of six qualified voters of said borough: Provided, That the present board of council, or a majority of them, are hereby authorized to fill the deficiency in said board, by appointment, until the next annual borough election, when there shall be elected two qualified voters of the said borough, who shall serve for two years, and two persons of like qualifications, who shall serve for three years; and annually thereafter there shall be elected two persons qualified as aforesaid, who shall serve for three years: Provided further, That the present board shall continue in office for the time for which they were respectively elected or appointed. SECTION 3. That the chief burgess shall be president of the board of town council, and shall have the casting vote in all cases where the members present are equally divided, but not otherwise. SECTION 4. That all acts or parts of acts inconsistent herewith, be and the same are hereby repealed. ELISHA W. DAVIS, Speaker of the House of Representatives. ROBT. M. PALMER, Speaker of the Senate. APPROVED-The seventeenth day of April, Anno Domin one thousand eight hundred and sixty-one. A. G. CURTIN. No. 347. AN ACT Relative to the Philadelphia, Germantown and Norristown 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 the auditor general and state treasurer are hereby authorized and required to open and re-adjust the dividend account settled by them on the third day of August, one thousand eight hundred and fifty-eight, against the Philadelphia, Germantown and Norristown railroad company; and if, upon examination, it shall be found that the said company has paid into the treasury of this commonwealth the full amount of taxes assessed upon the capital stock of the company, under the thirty-third section of an act approved April twenty-ninth, one thousand eight hundred and forty-four, entitled "An Act to reduce the state debt, and to incorporate the Pennsylvania canal and railroad company," then and in that event it shall be the duty of the auditor general and state treasurer to cancel the balance reported by them as due to the commonwealth from the said company by the settlement of the third day of August, one thousand eight hundred and fifty-eight aforesaid: Provided, That nothing in this act contained shall authorize the said Philadelphia, Germantown and Norristown railroad company to claim from the commonwealth any sum paid in excess of the amount due upon the capital stock as aforesaid: And provided further, That the said company shall first pay all costs which have accrued in any legal proceedings instituted by the commonwealth upon the above mentioned settlement. ELISHA W. DAVIS, Speaker of the House of Representatives. JOHN P. PENNEY, Speaker of the Senate pro tem. APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. |