No. 202. AN ACT To enable the county of Beaver to borrow money. JOHN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senat APPROVED—The twentieth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. No. 203. AN ACT To incorporate the Kittatinny Improvement Company. WHEREAS, A large section of country in the commonwealth Preamble. of Pennsylvania and the state of New Jersey, lying on the river Delaware, between the Delaware Water Gap and Matamoras, in Pike county, is without any cheap, safe and convenient channel And whereas, Considerable money has already been expended 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 Charles Brodhead, Conrad Shimer, Albert G. Brodhead, William R. Sharpe, Alfred Thomas, John H. Wallace, Oliver s. Dim. are hereby made and declared to be a corporation and body poName. litic, in deed and in law, by the name of the Kittatinny improvement company, with power and authority to procure, purchase, , , Powers and privi. construct and equip one or more boats and vessels, to be proleges. pelled or driven by steam or caloric engines or otherwise, with such appurtenances and equipments as may be deemed adequate and proper for the object and purposes of this incorporation, and the same to use and employ, to the exclusion of all other boats or vessels, (except those of such class, description or build as have been heretofore accustomed to be employed in the navigation of the river Delaware between the points aforesaid,) in the transportation of freight and passengers, and the towing of other craft to and from all points upon the Delaware river, between the head of Foul Rift, in the county of Northampton, and the village of Matamoras, in the county of Pike, and state of Penn sylvania Capital stock. Section 2. That the capital stock of the said corporation shall be one hundred thousand dollars, and shall be divided into one thousand shares of one hundred dollars each, with the privilege of increasing the said capital stock to two hundred thousand dollars; certificates of said stock shall be issued and signed by the president and secretary, and sealed with the common seal of the corporation ; said stock shall be personal property, and may be transferred, in person or by attorney, under such regu. lations as may be prescribed by the by-laws. Management of Section 3. That the affairs of the said corporation shall be corporation. managed by a board of not less than six nor more than eleven directors, (one of whom shall be president,) and a secretary and treasurer; and that the said corporators herein before mentioned First directors. are hereby declared and appointed the first directors, who shall serve until the first day of October, one thousand eight hundred and sixty-one, and until others are elected; and that all directors subsequently elected, shall be elected at such times and places, and shall hold their offices for such terms and periods as Secretary and the by-laws may direct; the secretary and treasurer shall be appointed by the board of directors; a majority of the directors treasurer shall constitute a quorum for the transaction of business, and Quorum. shall, through the secretary, give notice to all stockholders of the time and place of corporate meetings and of elections, and shall also have power to appoint such officers and agents, and oficers and take such security for the faithful performance of their respec- agents. tive duties as they may deem necessary, and fix the amount of salaries to the several officers, and shall generally exercise all the powers necessary to promote the interests of the corporation; at any election of directors, the stockholders may vote votes. themselves, or by their legally appointed attorneys or proxy; and each share of the capital stock shall entitle the holder thereof to one vote. SECTION 4. The said company shall have all the privileges and Further powers. immunities belonging to a corporation; may sue and be sued, plead and be impleaded, and defend in all courts of law and equity; may malie and have a common seal, and alter the same at pleasure; may purchase, receive, have, hold and enjoy, to them and their successors and assigns, all estate, real, personal or mixed, that may be necessary or proper for the purposes of the incorporation, and the same, from time to time, may sell, lease, mortgage or dispose of; may build and erect wharves and buildings at all suitable places on the said river, between the points last above mentioned ; may make dividends of such portions of their profits as they may deem proper; may establish and collect reasonable tolls for the transportation of passengers Tolls. and freight, and towing other craft; may adopt and enforce such by-laws and ordinances and regulations as shall appear necessary and convenient; and generally may do all and singular the matters and things which shall to them lawfully appertain to do, for the well being and profit of the corporation, and the business of the same. Section 5. That the said corporation shall have full power May borrow and authority to borrow any sum of money, not exceeding one money. hundred thousand dollars, upon such terms and conditions as the directors may think proper; with full power, also, to mortgage and pledge, as security for such loan, any and all their property, real and personal, together with their corporate rights, powers, privileges and franchises; and the sale thereof, under such mortgage, shall convey the same to the vendee: Provided, That no mortgage shall be issued for a less sum than one hundred dollars. Section 6. That the said corporation shall use and employ so Improvement of much of their capital stock as they may find necessary, in im. the navigation, relative to. proving the navigation of the river Delaware between the points heretofore named, in removing from the channel rocks or other obstructions, in straightening and deepening the channel, from time to time, as occasion may require, in protecting the banks and confining the current by cribs or rip-rappings, and in guarding bars and islands with piers or sheer-booms, as occasion may require: Provided, That nothing be done which shall in any Proviso. manner injuriously affect the passage of rafts or batteaux, it being declared to be the intent of the corporation not to exclude or interfere with the navigation of said river with boats of such build and description as have heretofore been accustomed to be used in the navigation of the said river between the points afore What kind of said, except and unless when the water in the said river shall be at so low a stage as would now prevent the navigation of said river, between the points aforesaid, with such boats as have heretofore been used. Authorized to re- Section 7. That the said corporation shall have power to move obstruc abate, clear out and remove all wings, dams, fish baskets, eel tions. weirs and other obstructions now or hereafter erected or placed in the said river, which shall interfere with the navigation of the same; and no dam, wing, fish basket, eel weir or other erection, shall hereafter be placed or erected by any person or per. sons in the said river, between the points heretofore specified, in such a manner as to interfere with the free navigation of said river by such boats and vessels as the said company shall employ or use in the navigation thereof; and the said corporation shall also have power to require and enforce any person or corporation, owning or working any ferry over the said river between the points above mentioned, and using any rope, wire, chain or cable for such ferriage, to raise any and all of said ropes, wires, chains or cables so high above the waters of the said river, as not in any manner, nor at any stage of water, to obstruct or in anywise interfere with the ascending or descending navigation of the said river, with such vessels, boats and craft as the company hereby incorporated may use in the navi. gation thereof. Section 8. That no person or persons shall be allowed to navicraft may, navi- gate the said river, between the head of the Foul Rift and the gate the river. village of Matamoras aforesaid, with boats propelled by steam or caloric, or flat bottomed or other boats of a draft or build not heretofore accustomed to be used in the navigation of the river, between the said points, for the purpose of transporting passengers or freight; nor shall any person or persons use the channel, as improved by the said corporation, for navigation with durham and other boats of the draft or build heretofore used on the said river, between the points aforesaid, when the waters of the said river are so low as would prevent the use of such boats in the condition the channel is now in, and without the improvements made by the company, unless by the permission of the said corporation, and at such reasonable rates of toll as the said corpo ration may adopt. Certain property SECTION 9. That the said corporation shall purchase and take, may be purchas- of such of the corporators herein named as may be the owners ed of the corpora- of the same, at a fair valuation, all boats and machinery which, at the passage of this act, they shall have constructed or purchased for or used in the navigation of the said Delaware river, between the points last above named; and shall also refund and pay to the said corporators, and each of them, all moneys which they or any part of them have heretofore laid out and expended in exploring, surveying or improving the channel of the said river, between the said points, for the purposes of, and with a view to, the navigation thereof, in the manner contemplated by this act. Obstructing the Section 10. That if any person or persons shall wilfully innavigation, pen- jure or obstruct the said corporation in the navigation of the alty for. said river between thc points aforesaid, or shall in any manner injure, impair or obstruct the channel of the said river, or any walls, wings or other erections made by the said company for the improvement of the navigation thereof, or the wharves, slips, piers or other erections made by said corporation, or any of their boats, engines or machinery, or shall in any manner interfere with, violate or infringe upon any of the privileges or franchises herein granted or conferred upon the said corporation, such person or persons so offending shall forfeit and pay to the said corporation, the sum of one hundred dollars for each and every offence, to be recovered as debts of like amount are recoverable How recovered. by law; and shall also be liable to double the amount of damages sustained thereby, to be recovered in any court of competent jurisdiction. Section 11. That this act shall continue in force for thirty Limitation. years, and no longer. SECTION 12. That the said company shall pay a bonus of one- Bonus. JOHN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senate. APPROVED-The twentieth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. No. 204. SUPPLEMENT To an act relative to the Allentown Water Company, passed the twenty eighth of April, Anno Domini one thousand eight hundred and fiftyseven. SECTION 1. Be it enacted by the Senate and House of Represen. totides of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the act of assembly, entitled “An Act relative to the Allentown water company," passed the twenty-eighth day of April, Anno Domini one thousand eight hundred and fifty-seven, authorizing the said company to borrow any further sum or sums of money, Dot exceeding twenty thousand dollars, at a rate of interest not exceeding six per cent., be and the same is hereby repealed, so far only as the rate of interest is concerned ; and for the sum or sums so by the said act authorized to be borrowed, the said company be and it is hereby authorized to make, execute and issue certificates, bonds and other evidences of the indebtedness of said company, to the lender or lenders of the money by them |