19. P. L. 218. "operators." 274. The term "owners" or "operators" means any person or body corporate, 20 June 1885, art. who is the immediate proprietor, or lessee, or occupier of any coal mine or colliery, or any part thereof. The term "owner" does not include a person, or body "Owners" and corporate, who merely receives a royalty, rent or fine from a coal mine or colliery, or part thereof, or is merely the proprietor of a mine, subject to any lease, grant or license for the working or operating thereof, or is merely the owner of the soil and not interested in the minerals of the mine, or any part thereof. But any "contractor," for the working or operating of a mine or col- "Owner." liery, or of any part, or district thereof, shall be subject to this act as an operator or owner, in like manner as if he was the owner. 275. The term "superintendent" means the person, who shall have, on behalf of the owner, general supervision of one or more mines or collieries. Ibid. "Superintendent." Motor-Power Companies. 1. How formed. May enter on streets and operate motors for passenger railway companies. Subject to municipal regulations. Consent of councils necessary. Stipulation of existing corporations. 2. Corporate powers. 3. What must be set forth in application for charter. 4. Notice of intended application. 5. Additional contents of certificate. Acknowledged. Verified by affidavit. Letters-patent. To be recorded in the office of the secretary of the commonwealth. Abstract to auditor-general. To be recorded in office of recorder of deeds. 6. May borrow money on bond and mortgage. Limitation. Interest. 7. Increase and reduction of capital stock. Limitation. 8. May issue full-paid stock for property necessary for organization. To be so stated in charter and certificates. Limitation of capital. 9. Meeting to increase stock, etc. Notice. 10. Election to be taken. Judges to be sworn. Duties. 11. Ballots. Transferred shares. Proxies. Judges to be furnished with statement. 12. If consent be given to increase. Return to secretary of commonwealth. Penalty. 13. Existing corporations may become corporations under this act. Rights ratified and confirmed. 14. To be governed solely by this act. New letterspatent. 15. Restrictions as to fare not released, nor pending litigation affected. Existing contracts. 16. Bonus on capital stock and increase. P. L. S. 1. Corporations may be formed in the manner hereinafter mentioned, by the 22 March 1887 § 1. voluntary association of five or more persons, for the construction and operation motors for passen of motors and cables, or other machinery for supplying motive power to passenger How formed. railways, and the necessary apparatus for applying the same; and such corporations shall have the power to enter upon any street upon which a passenger railway now is, or may be hereafter constructed, with the consent of said passenger railway company, and make, construct, maintain and operate thereon such motors, May enter on cables, electrical or other appliances, and the necessary and convenient apparatus streets and operate and mechanical fixtures, as will provide for the traction of the cars of such pas- ger railway compasenger railway; and to enter into contracts with passenger railway companies to Dies. construct and operate motors, cables or other appliances necessary for the traction of their cars: Provided, Any such construction and operation shall be Subject to municisubject to such reasonable regulations for the protection of public travel on any street so occupied, as shall be required by any borough, town or city in which the same may be located, by ordinance duly enacted: And provided, further, That no company which may hereafter be incorporated under this act, shall enter Consent of councils upon any street for the purpose of constructing thereon or therein any such necessary. motors, cables, or other appliances, until after the consent to such entry of the councils of the borough, town or city in which said street may be located, shall pal regulations. have been obtained; and that no company heretofore incorporated shall be per- stipulation of exmitted to avail itself of the provisions of the ninth section of this act until after isting corporations. it shall have filed in the office of the secretary of the commonwealth its stipulation, duly sealed and attested, binding it not to enter, for the purpose aforesaid, upon any street not theretofore occupied by it, with such motors, cables, or other appliances, without such consent to such entry, of the councils of the borough, town or city in which said street may be located. 2. When so formed, each of such corporations, by virtue of its existence, shall have the following powers: First. To have perpetual succession by its corporate name, subject to the pow ers of the general assembly, under the constitution of the commonwealth. Ibid. Corporate powers. 22 March 1887 1. P. L. 8. Ibid. 2. What must be set forth in application for charter. Ibid. Notice of intended application. Ibid. Additional con Verified by affidavit. Second. To maintain and defend judicial proceedings. Third. To make and use a common seal, and alter the same at pleasure, and to have a capital stock not exceeding five millions of dollars, divided into shares as each of said companies may determine. Fourth. To hold, purchase, maintain, lease, mortgage, sell and transfer real and personal property, as the purposes of the corporation may require. Fifth. To make by-laws not inconsistent with law. Sixth. To enter into any obligation necessary for the transaction of their business. Seventh. To invest its funds in the purchase of shares of stock and bonds of any corporation whose works, railway, motors or other property are leased, operated or constructed by it: Provided, That the total par value of such shares of stock of other corporations, thus held, shall not at any time be in excess of fifty per centum of the aggregate par value of the shares of its own capital stock then issued, and that the total par value of such shares and bonds of other corporations, thus held, shall not at any time be in excess of the par valuc of the shares of its own capital stock then issued. Eighth. To lease the property and franchises of passenger railway companies, which they may desire to operate, and to operate said railways. 3. The charter of such intended corporation must be subscribed by five or more persons, three of whom at least shall be citizens of this commonwealth, who shall certify in writing to the governor: First. The name of the corporation. Second. The place or places where its business is proposed to be conducted, and the location of its general office. Third. The term for which said corporation is to exist, which may be limited as to time, or be perpetual. Fourth. The names and residences of the subscribers, and the number of shares subscribed by each. Fifth. The number of its directors, and the names and residences of those chosen directors for the first year. Sixth. The amount of its capital stock, and the number and par value of shares into which divided. 4. Notice of the intention to apply for any such charter shall be inserted in two newspapers of general circulation, printed in the proper county for three weeks, setting forth briefly the character and object of the corporation to be formed, and the intention to make application therefor. 5. The certificate to the governor shall state that ten per centum of the capital stock, named therein, has been paid in cash to the treasurer of the intended cortents of certificate. poration, and the name and residence of the treasurer shall be therein given ; Acknowledgment. said certificate shall be acknowledged by at least three of the subscribers thereto, before the recorder of deeds of the county in which its office is situated, and the subscribers shall also make and subscribe an oath or affirmation before him, to be endorsed on the certificate, that the statements contained therein are true; the certificate so endorsed, accompanied with proof of publication of notice as heretofore provided, shall then be produced to the governor of the commonwealth, who shall examine the same, and, if he finds it to be in proper form and within the purpose named herein, shall approve thereof and endorse his approval thereon, and direct letters-patent to issue, in the usual form, incorporating the subscribers and their associates and successors into a body politic and corporate, in deed and in law, by the name chosen; and the certificate shall be recorded in the office of the secretary of the commonwealth, in a book to be by him kept for that purpose, and he shall forthwith furnish to the auditor-general an abstract therefrom, showing the name, location, amount of capital stock, and name and address of the treasurer of the corporation. The original certificate, with all of its endorsements, shall then be recorded in the office for recording deeds in and for the proper county, and, from thenceforth, the subscribers thereto, and their associates and successors, shall be a corporation for the purpose and upon the terms named in said certificate. Letters-patent. To be recorded in the office of the secretary of the commonwealth. Abstract thereof to auditor-general. To be recorded in the office of the recorder of deeds. Ibid. § 3. May borrow money 6. It shall be lawful for all corporations named in this act to borrow money to secure any indebtedness created by them, by issuing bonds with or without couon bond and mort-pons attached thereto, and to secure the same by a mortgage or mortgages, for the use of the bondholders, upon their property, real and personal, and their franchises, to an amount not exceeding one-half of the capital stock of the corporation paid in, and at a rate of interest not exceeding six per centum. gage. Amount limited. Bate of interest. P. L. 8. 7. The capital stock or indebtedness of any corporation, created under this act, 22 March 1887 § 4. may be increased, or its capital stock may be reduced, from time to time, by consent of the persons or bodies corporate bolding the larger amount in value of the Capital stock and stock of such company; but such increase of capital stock or indebtedness shall only be made for labor done, or money or property actually received, and not to a greater amount than five million of dollars. indebtedness may be increased, or capital stock may be reduced. Limitation. Ibid. ganization. 8. Every corporation, created under the provisions of this act, may purchase such real and personal estate, patent-rights and other property, as is necessary May issue full paid for the purposes of its organization and business, and issue stock therefor, and stock for property the stock so issued shall be declared and taken to be full-paid stock, and not necessary for orliable to any further call or assessments; and in the charter and certificates and statements to be made, by the subscribers and officers of the corporation, such Such issue to be so stock shall not be stated or certified as having been issued for cash paid into the stated in the cercompany, but it shall be stated or certified in this respect according to the fact: Provided, That the total issue of capital stock of any one corporation, including the increase above permitted, shall not exceed five million dollars. 9. Any corporation, formed hereunder, desirous of increasing its capital stock or indebtedness, as provided by this act, shall by a resolution of its board of directors, call a meeting of its stockholders therefor, which meeting shall be held at its chief office, or place of business in this commonwealth, and notice of the time, place and object of the meeting shall be published once a week, for sixty days prior to such meeting, in at least one newspaper, published in the county, city or borough wherein such office or place of business is situate. tificates, &c. Ibid. 25. Meeting to increase stock, &c. Notice. Ibid. § 6. 10. At a meeting thus called, an election of the stockholders of the corporation shall be taken for or against the proposed increase, which shall be conducted by Election shall be three judges, who shall be stockholders of the corporation, appointed by the board taken. of directors to hold the election; and if one or more of the judges be absent, the judge or judges present shall appoint a judge or judges, who shall act in the place of the judge or judges absent, and who shall respectively take and subscribe an Judges to be sworn. oath or affirmation, before an officer authorized by law to administer oaths, well and truly and according to law to conduct the election to the best of their ability; and the judges shall decide upon the qualification of voters, and, when the elec- Duties. tion is closed, count the number of shares voted for and against such increase, and declare whether the persons or bodies corporate holding the larger amount of the stock of the corporation have consented to the increase, or refused to consent thereto, and shall make out duplicate returns of the election, stating the number of shares of stock that voted for the increase and the number that voted against the same, and subscribe and deliver the same to one of the chief officers of the company. Ibid. § 7. Ballots. 11. Each ballot shall have endorsed thereon the number of shares thereby represented, and be signed by the holder thereof, or by the person holding a proxy therefor, but no share or shares transferred within sixty days shall be entitled to a vote at such election or meeting, nor shall any proxy be received and proxies. or entitle the holder to vote, unless the same shall bear date and have been executed within three months next preceding the election or meeting; and it shall be the duty of the corporation to furnish the judges of such meeting with a Judges to be furstatement of the amount of its capital stock, with the names of persons or bodies statement. corporate holding the same, and the number of shares by each respectively held, which statement shall be signed by one of the chief officers of the corporation, with an affidavit thereto annexed that the same is true and correct to the best of his knowledge and belief. nished with a Ibid. 28. 12. It shall be the duty of such corporation, if consent is given to such increase, to file in the office of the secretary of the commonwealth, within thirty If increase is condays after the election or meeting, one of the copies of the return of such elec- sented to. tion, with a copy of the resolution and notice calling same thereto annexed; and upon the increase of the capital stock, or indebtedness of the corporation, made pursuant thereto, it shall be the duty of the president or treasurer of such corporation, within thirty days thereafter, to make a return to the secretary of the commonwealth, under oath, of the amount of the increase and terms of the same; that is to say, the terms on which the additional stock is issued; and, in commonwealth. case of neglect or omission so to do, the corporation shall be subject to a penalty Penalty. of one thousand dollars, which penalty shall be collected on account settled by the auditor-general and state treasurer, as accounts for taxes due the commonwealth are settled and collected; and the secretary of the commonwealth shall cause such returns to be recorded in a book to be kept for that purpose, and fur- Beturn. Returns to the secretary of the P. L. 8. 22 March 1887 8. nish a certified copy of the same to the auditor-general; and the corporation shall have the right to recover the same from the officer neglecting or omitting to file the return hereinbefore required. Ibid. 29. Existing corpora corporations under this act. 13. Any company heretofore incorporated for the purposes named in this act, upon accepting the provisions of this act, in writing, under the seal of the cortions may become poration, filed in the office of the secretary of the commonwealth, together with a surrender of its letters-patent or charter, which shall be filed with said certificate, shall thereupon become and be a body corporate hereunder, and shall be entitled to and possessed of all the privileges, franchises and powers conferred by this act upon corporations to be created under this act, and all the properties, rights and privileges belonging to such corporation theretofore acquired by gift, grant, conveyance, municipal ordinance, assignment or otherwise, upon said surRights ratified and render, shall be and are hereby ratified, approved, confirmed and assured to such corporation, with like effect and to all intents and purposes as if the same had been originally acquired by and under authority of this act. confirmed. Ibid. To be governed solely by this act. New letters-patent. Ibid. Restrictions as to fare not released 14. Such corporation shall thereafter be governed solely by the provisions of this act; and the governor shall forthwith cause new letters-patent, under this act, to issue to such corporation under the same name as the company had in the charter under which it was originally incorporated. 15. Nothing herein contained shall be construed as a release of any restrictions now existing upon any passenger railway company as to the amount of fare which it is entitled to charge, nor shall this act in any wise affect pending litiganor pending litiga- tion: And provided, further, That any company thus becoming a body corporate, in the way above provided, shall be subject to all the contracts, duties and obliExisting contracts. gations theretofore resting upon the company whose charter is thus surrendered, or to which said company shall then be in any way liable. tion affected. Ibid. ? 10. Bonus on capital 16. All corporations organized hereunder, or which may hereafter accept the benefits of this act, shall be liable to pay to the commonwealth, upon every issue stock and increase. of capital stock and upon every increase thereof, the same bonus required to be paid by corporations organized under "the corporation act of one thousand eight hundred and seventy-four," which bonus shall be paid at the times and in the instalments by that act prescribed. Corporations heretofore organized, which shall avail themselves of the provisions of this act, shall be credited with the amount of any such bonus by them severally theretofore paid. Municipal Corporations. I. ANNEXATION OF TERRITORY. 1. Proceedings on part of boroughs and townships. 2. City councils may annex such boroughs and townships. 3. Appeal to quarter sessions. Duty of court. 4. Annexation of sections not less than forty acres. Petition. Viewers. Decree. Proceedings. 5. To be included in adjacent wards. When separate ward shall be erected. Election of ward officers. Term. II. CLASSIFICATION OF CITIES. 6. Divided into seven classes. Corporate powers of cities to remain as now existing. III. CITIES OF THE FIRST CLASS. (1.) THE MAYOR. 51. Qualifications of receiver. 52. To be charged wih all accounts. Daily returns to controller. (6.) DEPARTMENT OF CITY TREasurer. 53. City treasurer to be head. Term. 55. Receive all moneys. Pay all warrants. 57. Accounts. Daily deposits. Daily reports to con- troller. 58. Daily payments to city treasurer. (7.) DEPARTMENT OF CITY CONTROLLER. 59. City controller to be head. Term. 61. Audit all accounts. Annual report to councils. 62. Separate accounts for each item. Contents of ac 7. Executive power vested in mayor and depart- count. 63. Appropriations not to be overdrawn or transferred. 64. When warrant contains item without appropriation. Individual liability. 65. Evidence. Witnesses. 66. All duties required by law. 67. Monthly statements to controller. 68. Contents of contracts. Duties of controller. Penalty for false certificate. Proviso. 69. Yearly and final audit. Duty of controller if officer found indebted. Appeal. Balance to be a lien. Scire facias. 70. Notice of audit. Hearing. (8.) DEPARTMENT OF LAW. 71. City solicitor to be head. Term. Assistants. 72. City adviser and attorney. Warrant of attorney. 73. Prepare and approve contracts. Custodian. 74. Daily return to controller. Daily payments to city treasurer. Fees. Approve 75. Prepare contracts, bonds, &c. all security. Registry of contracts, &c. (9.) DEPARTMENT OF EDUCATION. 78. Continued as now established. (10.) DEPARTMENT OF CHARITIES AND CORRECTION. 79. To be under a president and four directors. Juris. diction. Municipal hospital. Lazaretto. Board of city 50. Boards of city trusts and revision of taxes con- pleasure. tinued. 92. Employees of abolished departments transferred. |