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Certificate by corporation.

Contents.

together with proof of publication of notice as hereinbefore provided, shall then be produced to the Governor of the Commonwealth, who shall examine the same, and if he find it to be in the proper form, and as such improvements, amendments or alterations are or will be lawful and beneficial, and not injurious, to the community, and are in accord with the purposes of the charter, he shall approve thereof and endorse his approval thereon, and direct letters patent to issue in the usual form, reciting the said improvements, amendments or alterations, and the said cer tificate shall then be recorded in the office of the Secretary of the Commonwealth, and with all its endorsements shall then be recorded in the office for the recording of deeds in and for the proper county where the principal office or place of business of said corporation is located, and from thenceforth the same shall be deemed and taken to be a part of the charter or instrument upon which said corporation is formed or established, to all intents and purposes, as if the same has originally been made a part thereof: Provided, That nothing herein contained shall authorize the amendment, alteration, improvement or extension of the charter of any gas or water companies so as to interfere with or cover territory previously occupied by any other gas or water company," be and the same is hereby altered and amended so as to read as follows:

Section 3. The said corporation shall prepare a certificate, under its corporate seal, setting forth the character and objects of the proposed improvement, amendment or alteration of their charter, or the instrument upon which the said corporation is formed or established; also, that all reports required by the Auditor General of the Commonwealth have been filed, and that all taxes due the Commonwealth of Acknowledgment. Pennsylvania have been paid; acknowledged by the president and secretary of said corporation and before the recorder of deeds of the county wherein such corporation has its principal office or place of business; which certificate, together with proof of publication of notice, as provided in section two of the supplement to an act of which this is an amendment, shall then be produced to the Governor of the Commonwealth, who shall examine the same, and, if he find it to be in proper form, and that such improvements, amendments or alterations are or will be lawful and beneficial, and not injurious, to the community, and are in accord with the purpose of the charter, and that all reports required by the Auditor General of the Commonwealth have been duly filed, and that all taxes due the Commonwealth of Pennsylvania have been paid, he shall approve thereof and endorse his approval thereon, and direct letters patent to issue, in

Duties of the
Governor.

etters patent.

the usual form, reciting the said improvements,
amendments or alterations; and the said certificate
shall then be recorded in the office of the Secretary
of the Commonwealth, and, with all its endorsements,
shall then be recorded in the office for the recording Recording.
of deeds in and for the proper county, where the prin
cipal office or place of business of said corporation is
located; and from thenceforth the same shall be

deemed and taken to be a part of the charter or in To be deemed a strument upon which said corporation was formed part of the charor established, to all intents and purposes, as if the same had originally been made a part thereof: Pro- Proviso. vided, That nothing herein contained shall authorize

the amendment, alteration, improvement or extension Exception. of the charter of any gas or water company, so as to interfere with or cover territory previously occupied

by any other gas or water company.

Section 2. All acts and parts of acts inconsistent Repeal. herewith be and the same are hereby repealed.

APPROVED-The 31st day of March, A. D. 1905.
SAML. W. PENNYPACKER.

"

No.71

AN ACT

To amend section three of a supplement to an act, entitled "An act to provide for the incorporation and regulation of certain corporations,' approved the twenty-ninth day of April, one thousand eight hundred and seventy-four, providing for the merger and consolidation of certain corporations, approved the twenty-ninth day of May, one thousand nine hundred and one; requiring the filing of all reports required by the Auditor General, and the payment of all taxes due the Commonwealth of Pennsylvania, by corporations, before merger or consolidation.

Section 1. Be it enacted, &c., That section three of a supplement to an act, entitled "An act to provide for the incorporation and regulation of certain corporations," approved the twenty-ninth day of April, one thousand eight hundred and seventy-four, which reads as follows:

"Section 3. Upon the filing of said certificates and agreement, or copy of agreement, in the office of the Secretary of the Commonwealth, the said merger shall be deemed to have taken place, and the said corporation to be one corporation under the name adopted in and by said agreement, possessing all the rights, privileges and franchises theretofore invested in each of them, and all the estate and property, real and personal, and rights of action of each of said corporations shall be deemed and taken to be transferred to and vested in the said new corporation without any

Corporations, mertion of.

ger and consolida

Section 3, act of

May 29, 1901, cited

for amendment.

Merger.

Proviso.

Letters patent,
Bonus.

Proviso.

further act or deed: Provided, That all rights of creditors and all liens upon the property of each of said corporations shall continue unimpaired, and the respective constituent corporations may be deemed to be in existence to preserve the same; and all debts, duties and liabilities of each of said constituent corporations shall thenceforth attach to said new corporation, and may be enforced against it to the same extent and by the same process as if said debts, duties and liabilities had been contracted by it. But such merger and consolidation shall not be complete, and no such consolidated corporation shall do business of any kind until it shall have first obtained from the Governor of the Commonwealth new Letters Patent, and shall have paid to the State Treasurer a bonus of one-third of one per centum upon all its capital stock in excess of the amount of capital stock of the several corporations so consolidating, upon which the bonus required by law had been theretofore paid," be and the same is hereby amended to read as follows:

Section 3. Upon the filing of said certificates and agreement, or copy of agreement, in the office of the Secretary of the Commonwealth, the said merger shall be deemed to have taken place and the said corporations to be one corporation under the name adopted in and by said agreement, possessing all the rights, privileges and franchises theretofore vested in each of them, and all the estate and property, real and personal, and all the rights of action of each of said corporations, shall be deemed and taken to be transferred to and vested in the said new corporation, without any further act or deed: Provided, That all rights of creditors and all liens upon the property of each of said corporations shall continue unimpaired, and the respective constituent corporations may be deemed to be in existence to preserve the same; and all debts, duties and liabilities of each of said constituent corporations shall thenceforth attach to the said new corporation, and may be enforced against it to the same extent and by the same process as if said debts, duties and liabilities had been contracted by it. But such merger and consolidation shall not be complete, and no such consolidated corporation shall do any business of any kind, until it shall have first obtained from the Governor of the Commonwealth new Letters Patent, and shall have paid to the State Treasurer a bonus of one-third of one per centum on all its corporate stock in excess of the amount of the capital stock of the several corporations so consolidating, upon which the bonus required by law had been theretofore paid: And provided further, That new letters patent of such consolidated corporation shall not be issued by the Governor of the Com

Certificate of the

monwealth until each and every corporation, entering and forming the consolidated corporation, shall have filed with the Secretary of the Commonwealth a certificate from the Auditor General of the Commonwealth, setting forth that Auditor General. all reports required by the Auditor General of the Commonwealth have been duly filed, and that all taxes due the Commonwealth of Pennsylvania have been paid.

Section 2. All acts and parts of acts inconsistent Repeai. herewith be and the same are hereby repealed.

APPROVED the 31st day of March, A. D. 1905.

SAML. W. PENNYPACKER,

No. 72.

AN ACT

To amend an act, entitled "An act to amend an act, entitled 'An act to provide for the classification of the townships of the Commonwealth, with respect to their population, into two classes, and to prescribe the form of government for townships of each class,' approved the twenty-eighth day of April, Anno Domini one thousand eight hundred and ninetynine, by providing that for the purpose of classification the population of townships may be ascertained by proceedings in the court of quarter sessions, and regulating such proceedings," approved the eleventh day of May, Anno Domini one thousand nine hundred and one; by providing that those townships having a population of at least two hundred and fifty to the square mile shall be townships of the first class.

Section 1. Be it enacted, &c., That section one of an act, entitled "An act to amend an act, entitled 'An

act to provide for the classification of the townships Townships of the of the Commonwealth, with respect to their popula- first class. tion, into two classes, and to prescribe the form of government for townships of each class,' approved the twenty-eighth day of April, Anno Domini one thousand eight hundred and ninety-nine, by providing that for the purpose of classification the population of townships may be ascertained by proceedings in the courts of quarter sessions, and regulating such proceedings," approved the eleventh day of May, Anno Domini one thousand nine hundred and one, which reads as follows:

"Section 1. That for the purpose of legislation, regulating the municipal affairs, the exercise of certain corporate powers, and having respect to the number, character, powers and duties of certain officers thereof, the townships now in existence, and those to be hereafter created in this Commonwealth, shall be divided into two classes. Those townships having a population of at least three hundred to the square mile, shown by the United States census, or as ascertained in the manner hereinafter provided, shall be townships of the first class. All other townships

7 Laws.

Section 1, act of for amendment.

May 11, 1901, cited

shall be townships of the second class," be amended to read as follows:

Section 1. That for the purpose of legislation, regulating the municipal affairs, the exercise of certain corporate powers, and having respect to the number, character, powers and duties of certain officers thereof, the townships now in existence, and those to be First class to have hereafter created, in this Commonwealth, shall be divided into two classes. Those townships having a population of at least two hundred and fifty to the square mile, as shown by United States Census, or as ascertained in the manner hereinafter provided, shall be townships of the first class. All other townships

a population of 256 to the square

mile.

Second class.

Section 2, act of May 11, 1901, cited for amendment.

shall be townships of the second class.

Section 2. That section two of the said act which reads as follows:

"Section 2. (a) It shall be the duty of the county commissioners in every county of the Commonwealth to ascertain whether any township in the county comes within the conditions, hereinbefore set out, as constituting a township of the first class; and by proclamation, to be issued prior to the first day of January following the ascertainment of population by the decennial census of the United States, to designate the townships of the first class, if any, within the county; and, by proclamation, to be issued prior to the first day of January of each of the intervening years, to designate the townships, if any, which since the last preceding proclamation have been ascertained to come within the said conditions, and to be townships of the first class; and, in all townships so designated, the officers provided for by this act shall be chosen at the municipal election then next ensuing, and the township government constituted by this act shall go into force on the first Monday of March then next ensuing. Said proclamation by the county commissioners shall be advertised in two newspapers published in the county.

(b) "At any time, not less than two years before the time fixed for taking a decennial census of the United States, whenever twenty or more freeholders resid ing in any of the townships of the second class shall present their petition to the court of quarter sessions of the county, averring that the population of said township has become and is at least three hundred to the square mile, and shall give such security as the court may prescribe for the payment of all costs and expenses which may be incurred in any proceedings had upon said petition, the said court shall appoint a competent commissioner to make an enrollment of the inhabitants of the said township, and to report the said enrollment, with the finding of the population of the said township, during the next ensuing term of

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