No. 696. AN ACT To incorporate the Allegheny and Etna Passenger Railroad Company, in Allegheny county. 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 Thomas M. Howe, Josiah King, R. E. Sellers, Wade Hampton, Commissioners. Henry P. Swartz, Wm. M. Shinn, Samuel M. Wickersham, Nicholas Voeghtley, Lewis Friebach, John M. Stroub, William A. Lare, Archibald Kelly, Jacob Ziegler, J. B. Roberts, James A. Gibson, Samuel M'Kelvy, F. H. Collier, Porter R. Friend, James Lewis, Thomas Wilson, A. G. Loyd, James Richey, Robert Sample, John Shaw, Franklin Irish, John Tiernan, Harvey Childs, Casper Gang, Wm. M. Herron and Walter H. Lowrie, or a majority of them, be and they are hereby appointed commissioners, to open books for the purpose of receiving subscriptions to the capital stock of the company hereby incorporated, by the name, style and title of the Allegheny and Etna Style. Passenger railroad company, with power to lay out, and construct, and use a railway with single track, with necessary switches and sidings, or with a double track from Federal street, in the city of Allegheny, from the intersection of the same Roate. with Ohio street, along Ohio street to the Butler plank road, and along Leacock street, from the intersection of the same with Federal street to East lane; thence along East lane to Main street; thence along Main street to Chestnut street; thence along Chestnut street to Ohio street; thence along Ohio street to the Pittsburg and Butler plank road; thence along the Pittsburg and Butler plank road to such point within the borough of Etna as may be deemed desirable; and the said company is hereby authorized and empowered, to connect with, use and occupy, for the passage of such of their cars as shall run over their said road, for a distance of at least one mile from the intersection of Federal and Ohio streets aforesaid, that portion of the Pittsburg, Allegheny and Manchester Passenger railway, situated between the intersection of Penn and St. Clair streets, in the city of Pittsburg, and the intersection of Federal and Ohio streets, in the city of Allegheny, in common with the said Pittsburg, Allegheny and Manchester Passenger railway company, and upon the same terms, conditions and restrictions as the said company is authorized to use said road, upon paying to the said Pittsburg, Allegheny and Manchester Passenger railway company one half the cost thereof, to be ascertained and assessed by three disinterested persons, acting under oath or affirmation, one to be chosen by each company, those two 10 select a third, or in case they are unable to agree, the third shall be chosen by the court of common pleas of the said county; the decision of a majority, after hearing both parties, to be final and Proviso. conclusive: Provided, That the said portion of said road, and the streets over which it passes, shall be kept in repair at the joint cost and expense of both the said companies : And proriProviso. ded further, The said Allegheny and Etna Passenger railroad company is hereby authorized to lay out and construct a railway, diverging from their track on Ohio street, along the street on the east side of the East common, to the street on the south side of the said East common; thence along said street to Asderson street, and thence along Anderson street to the Hand street bridge; thence across said bridge to Hand street, in the city of Pitisburg, and along Hand street to Penn street: ProProviso. vided, That the said company shall keep the aforesaid streets, over which it runs, in perpetual good repair from curbio eurb, and that before using said streets, the consent of councils of the cities of Pittsburg and Allegheny shall first be had thereto, for so much of said streets as are situated within their respective limits. Capital stook. Section 2. That the capital stock of the said company shall consist of two thousand shares of fifty dollars each: Prorided, Proviso. That the directors of the said company may at any time increase the same to four thousand shares, if deemed necessary to com plete their said road. Subscriptions to SECTION 3. That when one thousand shares of the stock shall stook. have been subscribed, and five dollars paid in on each share, the said commissioners, or any five of them, shall certify, under their hands and seals, the names of the subscribers, and the number of shares subscribed by each, to the governor of the com monwealth ; and it shall be thereupon the governor's doty, by Letton patent letters patent, under his hand and the seal of the state, to create and erect the said subscribers, their associates, assigns and successors, into one body politic and corporate, in deed and in law, by the aforesaid name, style and title of the Allegheny and Etna Passenger railway company; and by the said name they stall Pewers, &c. have perpetual succession, with power to make a corporate seal, and the same to alter, modify and renew at pleasure ; and to ordain, establish and put in execution such by.laws, ordinances, rules and regulations as shall appear necessary and convenient for the government of said corporation, and not being contrary to the constitution and laws of the United States or of this commonwealth ; and shall be able and capable of taking and holding their capital stock, and the increase and profits thereof, and of purchasing, taking, receiving and holding all such real estate eftate. and personal property as may be necessary and convenient to enable them to carry on the traffic of their said road, and the other purposes for which they are incorporated, with economy, facility and dispatch, and the same to exchange, barter, sell, let or lease, on ground rent, mortgage or lease, or otherwise dispose of, at their pleasure; and of suing and being sued, pleading and being impleaded, by their corporate name; and shall have geserally all the rights, privileges, franchises and incidents belong ing and appertaining to a corporation, and the right of doing all and every other matter and thing which a corporation may law fully do. Organisation Section 4. That the persons named in the letters patent, or any five of them, shall, as soon as conveniently may be aller the same shall have been received, give at least ten days' notice, in Section 5. That said company shall have power to raise, on Bonds and morto, bonds, to be secured by a mortgage of the road, including all its gage. stock and franchises, any sum not exceeding one-half of the amount of the capital stock authorized by this charter for the purpose of carrying out the true intent of this act: Provided, Proviso. That no bond shall be issued for a less sum than one hundred dollars, with interest at a rate not exceeding seven per centum per annum. Section 6. That said company shall not allow the transfer of Transfer of stock any share or shares of stock, except by resolution of the board of directors, until all the instalments have been paid; and if any stockholder shall omit, for the space of six months, to pay any instalment which may have been called for, the managers of the company may either declare the share or shares of stock on which the instalment or instalments are unpaid, as foresaid, to be forfeited, or may, at their option, bring suit to recover the said instalment or instalments, with interest at the rate of twelve per centum per annum, as debts of a like amount are recover. able, against the person or persons appearing, by their books, to be the owner or owners thereof. Section 7. That dividends of so much of the profits of said Dividends. company as shall appear advisable to the directors, shall be declared in the months of January and July, of each year, and be paid at the office of said company any time after ten days' notice from the time of declaring the same; but said dividends shall in no case exceed the amount of the net profits of said company, so that the capital stock shall never be thereby impaired; and in case the directors shall declare a dividend exceeding the amount of the net profits, and thereby impair the capital stock, shall be held individually liable for all such excess. Section 8. That said railway company shall not be permitted Consent of the to use and occupy any of the streets of the said cities of Pitts- city councils to bo obtained. burg and Allegheny, or streets of the borough of Etna, for the purposes of their railway, until the consent of the councils of said cities and borough is first thereto had by ordinance, duly passed ; nor shall the said company at any time alter or change the grade or line of any street, without the consent of the councils aforesaid first had and obtained ; and the said company shall keep so much of the streets of the said cities and borough from curb to curb, as may be used and occupied by them, in perpetual good repair, at the proper expense and charge of the said com. pany: Provided further, that the said company, for and during Provieo. the first five years after they shall commence running cars relative to. upon said road, shall pay into the city treasury, for the use of the said city, the sum of twenty dollars per year, for each car run over their said road ; and for and during the five years thence next ensuing, the sum of thirty dollars per year for each car, as aforesaid ; and from thence thereafter, the sum of forty dollars per year for each car run over said road ; and, also, for the first five years after they commence running cars upon said road, tbe said company shall pay into the city treasury, for the use of Per cent. on divi- said city, three per cent. of the dividends or net profits of said dends to be paid company; and from thence thereafter, said company shall pay into city treasury into said treasury, for the use of said city, five per centum of the dividends or net profits of said company. Use and occu Section 9. That before the said railway company shall use pancy of any and occupy any portion of any turnpike, plank road, bridge, or road, bridge, turnpike, &c., street or road of any borough, if the said railway company and said turnpike, plank road or bridge company, or councils of any borough, cannot agree upon the terms for the use thereof, within thirty days from the organization of the said company, the said company may apply, by petition, to the court of quarter sessions of Allegheny county, setting forth the facts, and praying the court to appoint a time for the hearing of the parties, not more than twenty days from the filing of the said petition, of which time and place the opposite party shall have at least ten days' notice; and the court shall, immediately after hearing the said parties, proceed to fix and adjudge the rate of compensation to be allowed and paid by said company for the use of such turnpike, plank road, bridge or street, and the terms on which it shall be used, and the mode and manner in which the same shall be kept up by the respective parties; which judgment shall be and remain final and conclusive between the parties : Proviso. Provided further, The said Allegheny and Etna Passenger rail way company shall have full power and authority to make such changes in the grade of said turnpike and plank roads as may be required to enable them to use their railway with ease and convenience. Gauge of road. Section 10. That the said railway company shall be and they are hereby required to lay the track of their said road of such a be most convenient for the use of carriages and buggies passing over the said road; and in all cases the carriage or vehicle following the car shall have the right to the track, and the carriage or vehicle coming in the opposite direction shall be required to turn off the track. Penalty for inju- Section 11. That if any person or persons shall wilfully break, ry to property, remove, destroy or injure any part of the said railway, or the cars, carriages, stations, houses or other buildings or property of said company, or shall, without the consent of said company, obstruct or impede the passage on or over the said railway, or any part thereof, the person or persons so offending shall forfeit and pay, for every such offence, the sum of five dollars to the said company; but no such suit shall be brought up less commenced within sixty days after such offence shall have been committed ; and the person or persons so offending shall be and remain liable, in addition to said penalty, to action or actions at the suit of said railway company, for any loss or damage occasioned by his, her or their act or acts as aforesaid. &c. Section 12. That the councils of Allegheny city shall have Power of councils power to establish such regulations, in regard to said railway, of Allegheny city as may be required for the purpose of paving, repairing, grading, culverting and laying gas and water pipes in and along the streets in said city, used by said company, and to prevent obstructions thereon; and the said company shall never obstruct the streets or roads over which their road passes, by permitting the passage of freight or burden cars, or the use of locomotive engines thereon: Provided, That this section shall not be con- Proviso. strued to prevent said railway company from running freight or burden cars, drawn by horses, between the hours of nine o'clock at night and seven in the morning, on the said road west of the Allegheny river, whenever the councils of said city shall, by ordinance duly passed, authorize the same. Section 13. That no greater fare shall be charged upon said Amount of fare road per passenger, to or from Etna, than ten cents; for any dis- fixed. tance less than two miles, five cents; and for any greater distance, not more than two and one-half cents a mile; but in no case to exceed ten cents. Section 14. That said railway company shall, at the intersec- Cars to stop botion of their road with any railroad upon which locomotives are fore crossing rail. road tracks. used, cause their cars to stop before crossing the same, under a penalty of twenty-five dollars for each violation of this section Section 15. That the said company shall commence the con. Limitation. struction of the railway hereby authorized, within one year after the consent of the councils of the city of Allegheny shall have been given to the same, and complete the same to Eina within two years thereafter. W. C. A. LAWRENCE, Speaker of the Senate. APPROVED—The thirteenth day of April, Anno Domini one thousand eight hundred and fifty-nine. WM. F. PACKER. No. 697. AN ACT To authorize the Washington Hose Company, of Harrisburg, to sell certain Real Estate, &c. Preamble. |