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of, shall be punished by a fine of not less than ten nor more than
five hundred dollars, or be imprisoned for a period of time not
less than ten days nor more than one year, or both, at the dis-
cretion of the court: Provided, That such criminal prosecution Proviso.
shall in no way impair the right of said company to a full com-
pensation in damages by a civil suit.

SECTION 8. That the provisions of the act of assembly, enti- Subject to. tled "An Act to provide for the incorporation of gas and water companies," approved the eleventh day of March, A. D. one thousand eight hundred and fifty-seven, except in so far as they are supplied by or are inconsistent with this act, are hereby made applicable to the Gettysburg gas company, to be incorporated under this act ; and the said company shall be clothed with all the immunities contained in said act.

SECTION 9. That the stock of said company shall not be sub- Taxation. ject to taxation for any other than state purposes.

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APPROVED-The twenty-fourth day of January, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 23.

A SUPPLEMENT

To an act to incorporate the Pittsburg Gas Company, approved the sixteenth day of March, Anno Domini one thousand eight hundred and forty-eight.

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 Pittsburg gas company shall have power to increase the capi- Authorized to intal stock of said company to any sum not exceeding six hundred thousand dollars.

crease capital

stock.

to.

SECTION 2. That the management and control of said com- Management and pany shall be vested in nine trustees, who shall be citizens of control, relative Pittsburg, and stockholders in said company, and who shall be elected in the following manner: The six trustees now in office, Election of truswho were chosen by the stockholders, viz: John Holmes, Joshua tees. Hanna, George Black, Nathaniel Holmes, Jr., Thomas Bake

well and Robert Beer, shall remain until the expiration of the

terms for which they were elected, and until the first Monday Terms of office. of October thereafter; and within sixty days after the accept

tees.

tive to.

ted.

Spocial election. ance of this act, a special election shall be held at the office of the company,

between the hours of two and five o'clock, P. M., Additional tras- at which the stockholders, in person or by proxy, shall elect, by

ballot, three additional trustees, whose terms of office shall exTerms, when to pire respectively on the first Monday of October, in the years expire.

one thousand eight hundred and sixty, one thousand eight hundred and sixty-one, and one thousand eight hundred and sixty

two; and immediately after such election the six trustees elected Trustees elected by the councils, then in office, shall retire from the board of by councils, rela

trustees, and the right of the city councils to appoint trustees of said company shall cease; and on the first Monday of October, after the passage of this act, and on the same day annually thereafter, an election shall be held at the office of the company, in the manner aforesaid, for the purpose of electing three trus

tees to serve for three years, in the place of those whose term Vacancies.

shall have expired, and also to fill any vacancies that may have

occurred during the previous year. At all such elections each Votes.

share of stock shall entitle the holder to one vote; but no vote

shall be received for any share of stock upon which any instalElections, bow hold and conduc

ment is due, and remains unpaid. All elections shall be held

under the directions of a committee of three stockholders, apNotice of elec pointed by the trustees, and two weeks' notice of all elections tion and general and general meetings of stockholders shall be given in at least meetings to be published.

two daily newspapers in the city of Pittsburg. The trustees

shall supply any vacancy that may occur in the board, by apProviso. pointment, until the next annual election: Provided, That a

failure to elect trustees at the time appointed shall not forfeit the charter, but such election may be held on a subsequent day, and the trustees shall continue in office until their successors

are elected. When trustees to Section 3. That the said trustees shall meet within three days meet for the elec- after their election, and shall choose by ballot, from their own tion of officers.

number, a president and secretary, who shall perform the duties Terms. usually performed by such officers, and shall serve for one year,

or until the next annual election. Five trustees shall constitute Quorum. a quorum for the transaction of business, but it shall require the Dividends, price consent of six to declare a dividend, change the price of gas, or stock, &c.

to authorize an increase of the capital stock. The said trustees Powers of trus

shall have power to purchase materials, make contracts, and employ such engineers, workmen and agents as may be necessary to carry on the business of the company; but no contract shall

be made or expenses incurred to exceed the amount of the stock Meetings subscribed; they may call meetings of the stockholders when

ever desirable, at which meetings the president and secretary

of the board shall act in similar capacities; they shall also Py-laws. have power to adopt by-laws for the government of said com

pany. The said trustees, or their agents, shall have power, and they are hereby authorized, to open any of the streets, roads or

alleys of the city of Pittsburg, the borough of Lawrenceville, Laying of pipes or the city districts, for the purpose of laying pipes therein, and

introducing a supply of gas from such pipes: Provided, Such openings in the streets, roads and alleys shall be closed, and the pavements replaced thereon, without unnecessary delay, in a

satisfactory manner. They shall also have the power to reguPrice of g28, &c. late the price of gas furnished to private consumers, but such

tees.

a

price shall not exceed one dollar and sixty cents for each one thousand cubic feet of gas; and they shall make and prescribe proper rules and regulations for the supply thereof. All ordinances and regulations of the city of Pittsburg, necessary for the protection of the works, mains, lamps and other fixtures of the company from accident or mischief, shall be continued in force, as well as all ordinances forbidding interference with the water pipes and nuisances from the gas works. The trustees shall keep accurate accounts of their receipts and expenditures ; Receipts and exand one month before each annual election shall publish, in penditures. pamphlet form, a full report of their proceedings for the previ. ous year, and furnish a copy thereof to each member of the city councils.

Section 4. The trustees shall declare semi-annual dividends Dividends. on the second Mondays of January and July in each year, of so much as they may deem expedient of the net profits arising from the works, after deducting all expenses and charges; which di. vidends shall be paid to the stockholders, or their legal representatives, at the office of the company, within ten days after the When paid. same is declared, of which due notice shall be given ; but no dividend shall be paid to any stockholder who is indebted to the company, nor upon any stock on which any instalment is due and unpaid : Provided, That no dividend shall be declared which sball impair the capital stock of the company: And provided, Proviso. That an extra dividend of such portion of the surplus fund in the treasury as may be deemed expedient, within twenty days after this act, shall take effect and become a law.

Section 5. The trustees shall appoint some competent citizen Treasurer. as treasurer of the company, who shall give bond for the faithful discharge of his duties, with two or more sufficient sureties, in such sum, not less than twenty thousand dollars, as the trustees may direct. The treasurer shall hold his office until his Term of ofice. successor is appointed, shall discharge such duties as the trusa tees shall direct and appoint, and shall receive a reasonable compensation for his services.

SECTION 6. Whenever the extension of the capital stock and Extension of the issue of new shares shall be authorized by the stockholders, capital stock, the trustees shall open books at such place in the city of Pittsburg, and sell the said stock at public sale, in such manner as they may consider most advantageous to the company, after giving public notice thereof. The said stock shall not be sold Stook not to be for less than its par value; five dollars per share shall be paid sold for less than

par. at the time of subscribing, and the balance in such instalments as the trustees may require; and if any stockholder shall refuse or omit to pay the instalments on the stock held by him for two months, after public notice by advertisement in two daily newspapers of the city of Pittsburg, the previous payments made by Forfeitare of such stockholder, and all his interest in said 'stock, may be for- payments

, relafeited to the company; and the said trustees are hereby author. tive to. ized to sue for and recover the balance due on such stock from the holder or original subscriber, as debts of similar amount are recoverable, nor shall any transfer of stock be allowed while the holder thereof is indebted to the company; and the trustees are further authorized to issue certificates of stock, or scrip conver- Certificates of tible into stock, and distribute the same pro rata among the sued.

scrip may be is.

а

&c.

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stockholders, for the amount of any surplus funds that may have accrued before the first Monday in July next, and for the amount which at that time, or at any time thereafter, may have been expended in extension of main pipes, and which has been or may

be charged to the extension fund. Acceptance of

SECTION 7. That whenever the provisions of this act shall the provisions of have been accepted by the stockholders of the said company, this act, relativo and the councils of said city corporation, as hereinafter pro

vided, the mayor, aldermen and citizens of Pittsburg shall forthWhen stock held with cease to be stockholders in said company; and all the stock by the city to be held by the city corporation, or standing in its name upon the surrendered to the company.

books of the said company, shall be surrendered to the company; and the said city corporation shall have no further right to or interest in said stock, but the same shall become a part of the funds of the company, and be distributed among the stockholders

pro

rata. Public lamps,

Section 8. That the said company shall, at the cost of the gas for streets, city corporation, construct, erect and keep in order all such pub

lic lamps and burners in the streets as the city councils may direct, and shall also furnish all the gas required for consumption in the public street lamps, market houses, council chambers and public offices of the city, at the following rates, that is to say: Any quantity not exceeding twelve and one-half million cubic feet of gas annually, free of charge; and any excess over

that quantity that may be required annually, at a rate not ex Rates for gas.

ceeding seventy-five cents for each one thousand cubic feet of gas in such excess. The price of such excess so furnished, together with the costs of constructing, erecting and keeping in order the public lamps and burners in the streets, shall be paid

to the company quarterly by the city corporation. Penalty for open

Section 9. That if any person or persons shall open commuing gas mains or nication into the street gas mains or other gas pipes of the said pipes.

company, without authority from the superintendent or authorized agent of said company, for repairs or any other cause or purpose, he, she or they shall be subject to a penalty of not less than ten nor more than fifty dollars for each and every such offence, to be recovered as debts of like amount are recoverable by law, one-half to be paid to the informer, and the other half

to the said company. Injuries to works Section 10. That if any person shall wilfully or maliciously

do, or cause to be done, any act or acts whatever whereby any building, construction or works of said company, or any gas pipe, lamp post, burner or reflector, or any matter or thing appertaining to the same, shall be stopped or obstructed, injured or destroyed, the person so offending shall be considered guilty of a misdemeanor; and being thereof indicted and convicted in the court of quarter sessions, shall be punished by fine not ex

ceeding one hundred dollars, or imprisonment not exceeding Proviso. one year, or both, at the discretion of the court: Provided, Such

criminal prosecution shall not in any manner impair the right of action for damages by a civil suit hereby authorized to be brought for any such injury as aforesaid, by and in the name of said company, in any court in this state having jurisdiction of the same.

SECTION 11. That the charter of said company be and the Charter made same is hereby declared perpetual, subject to the conditions con- perpetual. tained in the proviso to the thirteenth section of the act to which this act is a supplement; but the city councils shall not have When city counthe right to purchase the stock of said company, in the manner cils may purprovided in said section, before the first day of August, in the of the company. year of our Lord one thousand eight hundred and eighty-seven.

chase the stock

had.

to be had.

SECTION 12. That within thirty days after the passage of this Approval by city act, it shall be submitted to the councils of the city of Pittsburg councils to be for their approval and acceptance; and within thirty days after such approval by the city councils, the same shall be submitted to the private stockholders of the company for their acceptance Approval of priand approval, at a special meeting to be called for that purpose vate stockholders by the treasurer, of which meeting he shall give due public notice in at least four daily newspapers published in said city; Notice of submisand none of the provisions of this act shall take effect or be- sion to councils and private come a law until the same shall have been approved and accept- stockholders to ed by the city councils, and by the votes of a majority of the be published. stockholders of said company represented at said meeting, in

the manner aforesaid.

SECTION 13. That so much of the act to which this is a sup- Repeal. plement, as is inconsistent with or supplied by the provisions of this act, is hereby repealed.

W. C. A. LAWRENCE,

Speaker of the House of Representatives.

WM. M. FRANCIS,

Speaker of the Senate.

APPROVED-The thirty-first day of January, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 24.

AN ACT

To change the place of holding Elections in Burnside township, Centre county.

WHEREAS, The house at which the elections have heretofore been held in Burnside township, in Centre county, has recently been destroyed by fire, and no court will be held in said county previous to the time fixed by law for holding the elections in said township; therefore,

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 general and township elections of Burnside township, in

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