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THE ACTS RELATING TO INCLINE PLANE RAILWAYS AND STREET
AND TELEGRAPH COMPANIES.
This work, which does not profess to be more than a compilation, has been undertaken for the purpose of placing within convenient reach all the Acts of Assembly relating to railroad and telegraph corporations. In many instances acts which have been repealed in general or specific terms by subsequent acts, have been included because the repealed acts are of interest in considering the development of the law-for instance, the several acts relating to the taxation of corporations, from the act of May ist, 1868, to the act of June roth, 1881, have all been recited.
The index has been prepared with great care, and with a view to serving as a condensed digest of the acts presented in full in the compilation. Thus, under the head of change of venue will be found references to all the acts on the subject, with a suggestion of the repeal of the older acts by the act of 1875. Throughout the text and in the index, cross-references have been inserted to facilitate comparisons.
Entered, according to Act of Congress, in the year 1883, by
ALLEN, LANE & SCOTT,
3:39 107 /
GENERAL RAILROAD LAWS
STATE OF PENNSYLVANIA.
AN ACT TO COMPEL THE PAYMENT OF DIVIDENDS DUE TO THE COMMONWEALTH, MADE BY INCORPORATED COMPANIES.
Approved 19th March, 1816. (P. L., 238, 6 Sm., 390.)
SECTION I. That in all incorporated companies (banking companies excepted) now created, or which may hereafter be created by virtue of any law of this Commonwealth, and in which any portion of the stock now is or hereafter shall be held by the State, and whereon dividends have been or hereafter may be declared by the directors or managers thereof, respectively, it shall be the duty of each and every of the treasurers of the said incorporations respectively, to pay the proportions due to the State into the treasury of this Commonwealth, within sixty days after each declaration of dividends, and within sixty days after passing of this act with respect to dividends heretofore declared, and on failure to make such payment, the governor is hereby directed to instruct the attorneygeneral to bring suit therefor against such defaulting company.
AN ACT RELATIVE TO SUITS BROUGHT BY OR AGAINST
Approved 22d March, 1817. (P. L., 129, 6 Sm., 439.)
SECTION 4. That in case of appeal, certiorari or writ of error, by any corporation, the oath or affirmation required by law, shall be made by the president or other chief officer of the corporation, or in his absence, by the cashier, treasurer, or secretary;* and when any corporation shall be sued, and shall appeal, or take a writ of error, the bail requisite in that case shall be taken absolute for the payment of the debt, interest, and costs on affirmance of the judgment.
SEC. 5. That (rules of referencet) and all notices whatsoever, may, where a corporation is a party in any suit, be served on the president or other principal officer, or cashier, or secretary, or chief clerk of such corporation.
SEC. 6. That in cases in which a corporation shall be a party in any suit in any court, or before any magistrate, all the proceedings, except as regulated by this act, shall be the same as directed by law in other similar cases.
AN ACT TO REGULATE PROXIES.
Passed 28th March, 1820. (Smith's Laws, vol. 7, page 320.)
SECTION I. That from and after the passing of this act all power to vote by proxy in any association incorporated by any authority in this Commonwealth, or by the former proprietary government, shall be obtained and dated within six months previously to the time of holding the election or meeting of stockholders at which such proxy shall be presented, and shall not be used for any purpose or purposes except those therein expressed, nor shall any such proxy be given in blank, nor substitution thereof to a third person be admitted, any law or usage to the contrary notwithstanding : And provided, also, That nothing herein contained shall be so construed as to alter or affect the provisions of the act entitled "An act regulating banks,” so far as relates to the dates of proxies.
SEC. 2. In all elections of officers in any association or company (incorporated as aforesaid) hereafter to be held by virtue of any law of this Commonwealth, whenever any person shall offer to the judges of such election any vote or votes, as attorney, proxy, or agent for any other person, such person
* Enlarged by act of June 11th, 1832, sec. 3 (P. L., 611), to include also, “agent or attorney” in case of writ of error.
† Supplied as to “Rules of Reference" by act of June 16th, 1836, sec. 12. (P. L., 1836, p. 719.)
being required thereto by any judge of such election, or any stockholder in such association or company, shall, before his vote or votes shall be received, take and subscribe the following oath or affirmation:-1 — do solemnly swear (or affirm) that I have no interest, directly or indirectly, in the share upon which I shall vote at this election; that those shares are, to the best of my knowledge and belief, truly and in good faith owned by the persons in whose names they now stand, and that in voting at this election I have not transferred any of the said shares, or caused them to be transferred in trust or otherwise, for the purpose of increasing the votes at this election, and that I shall not violate in any manner, directly or indirectly, any provision of the act of incorporation which limits the number of votes a stockholder may give in his own right; and the judges of such election are authorized to administer the aforesaid oath (or affirmation), and the said oath and also all authorities or powers of attorney to vote by proxy, or as agent, shall be filed and preserved in the office of such association or company, and if any person shall willfully and absolutely swear or affirm falsely in taking any oath or affirmation prescribed by this act, such person so offending shall, upon due conviction thereof, be subject to the pains and penalties which are by law prescribed for the punishment of willful and corrupt perjury.
AN ACT REGULATING LATERAL RAILROADS.
Approved 5th May, 1832. (P. L., 1831-2, pages 501 to 506.) SECTION 1. That if any owner or owners of land, mills, quarries, coal-mines, lime-kilns, or other real estate, in the vicinity of any railroad, canal, or slack-water navigation, made or to be made by any company or by the State of Pennsylvania, and not more than three miles distant therefrom, shall desire to make a railroad thereto over any intervening lands, he or they, their engineers, agents, and artists, may enter upon any lands, and survey and mark such route as he or they shall think proper to adopt, doing no damage to the property explored, and thereupon may present a petition to the court of common pleas of the county in which said intervening land is situated, setting forth his or their desire to be allowed to