for the use of streets, highways and bridges by any company, which other companies have relinquished the right to use, or which are only in temporary use, either by virtue of the provisions of any act of Assembly or of any ordinance of council, or of any contract or agreement with the Commonwealth or the local authorities of any city, borough or township; and providing compensation therefor; limiting the time within which application must be made to the local authorities of any city, borough or township, within which work must be commenced and the railway completed; and providing that where a company shall receive a charter to build a road on any street or highway, no other charter shall be granted to any other company to occupy the same street or highway, until after the time given to the first company to obtain the consent of the local authorities, and begin and complete its work, shall have elapsed; conferring the right to acquire property by purchase, for certain uses of the corporation," approved the seventh day of June, Anno Domini one thousand nine hundred and one, which amended section one of the said act of May fourteenth, one thousand eight hundred and eightynine, so that it reads as follows: "Section 1. Be it enacted, &c., That any number of persons, not less than five, may form a company for the purpose of constructing, maintaining and operating a street railway for public use in the conveyance of passengers, by any power other than locomotive, on any street or highway upon which no track is laid, under any existing charter, and in constant daily use for the transportation of passengers at the time of the application by another company for a charter to use such street, with the privilege of occupying so much of any other street, highway or bridge as is hereinafter provided; but whenever a charter, after the approval of this act, shall be granted to any corporation to build a road as provided by this act, no other charter to build a road on the same streets, highways, bridges or property shall be granted to any other company within the time during which, by the provisions of this act, the company first securing the charter has the right to commence and complete this work: Provided, That the consent of the local authorities shall be promptly applied for, and shall have been obtained within two years from the date of the charter; for the purpose of such formation said persons may make and sign articles of association, in which shall be stated the name of the company, the number of years the same is to continue, the length of such road, as near as may be, the streets, highways and bridges upon which the said railway is to be laid and constructed, showing also the circuit of the route, the amount of the capital stock of the company, which Section 1, act of May 14, 1889, as amended by act cited for amend 24 Laws. of June 7, 1901, ment. Five or more per- shall not be less than six thousand dollars to every mile of road proposed to be constructed, and the number of shares of which said capital stock is to consist, and the names and places of residence of a president and not less than four nor more than twelve directors of the company, who shall manage its affairs until the first annual meeting thereafter and until others are chosen in their places; each subscriber to such articles of association shall subscribe thereto his name, place of residence, and the number of shares of stock he agrees to take in said company. On compliance with the provisions of the second section of this act, such articles of association shall be acknowledged by at least three of the directors, before some officer competent to take acknowledgments of deeds, and may be filed in the office of the Secretary of the Commonwealth, who shall endorse thereon the day on which they were filed, and record the same in a book to be provided by him for that purpose; whereupon the Governor shall issue his letters patent, creating the persons who have so subscribed such articles of association, and all persons who shall become stockholders in such company, a corporation by the name specified therein, and shall possess the powers and privileges following, namely: First. To have succession by its corporate name for the period limited in its articles of association. Second. To sue and be sued, complain and defend, in any court of law or equity. Third. To make and use a common seal, and alter the same at pleasure. Fourth. To take, hold, purchase, operate, lease, and convey such real and personal property, estate and franchises, as the purposes of the corporation shall require. Fifth. To appoint such officers and agents as the business of the corporation shall require, and to allow them a suitable compensation. Sixth. To make by-laws not inconsistent with the constitution or any existing laws, for the management of its property and regulation of its affairs, and for the transfer of its stock. Seventh. To sell or lease their road and franchises, or parts thereof, to traction or motor power companies, or to other passenger railway companies, or to acquire the roads, property and franchises of other passenger railway companies by lease or purchase," be and the same is hereby amended so as to read as follows: Section 1. Be it enacted, &c., That any number of persons, not less than five, may form a company for the purpose of constructing, maintaining and operating a street railway for public use in the conveyance of passengers, by any power other than locomotives, on any street or highway, now laid out or to be laid out, and upon which no track is laid or authorized to Privileges. be laid, under any existing charter, with the privilege of occupying so much of any street, highway or bridge, so occupied or authorized to be occupied, as is hereinafter provided. For the purpose of such formation said persons may make and sign articles of associa- Articles of assotion, in which shall be stated the name of the com ciation. pany, the number of years the said company is to continue; the length of such road, as near as may be; the streets, highways, and bridges upon which the said railway is to be laid and constructed; showing also contents. the circuit of the route, the amount of the capital stock of the company, which shall not be less than six thousand dollars to every mile of road proposed to be constructed, and the number of shares of which said capital stock is to consist, and the names and places of residence of a president and not less than four nor more than twelve directors of the company, who shall manage its affairs until the first annual meeting thereafter and until others are chosen in their places; each subscriber to such articles of association shall subscribe thereto his name, place of residence, and the number of shares of stock he agrees to take in said company. On compliance with the provisions of the second section of this act, such articles of association shall be acknowledged by at least three To be acknowlof the directors, before some officer competent to take acknowledgments of deeds, and may be filed in the office of the Secretary of the Commonwealth, who shall endorse thereon the day on which they were filed, and record the same in a book to be provided by him for that purpose; whereupon the Governor shall issue his letters patent, creating the persons Letters patent. who have so subscribed such articles of association, and all persons who shall become stockholders in such company, a corporation by the name specified therein, and shall possess the powers and privileges following, namely: edged. Filed and recorded. First. To have succession by its corporate name for Powers and privithe period limited in its articles of association. Second. To sue and be sued, complain and defend, in any court of law or equity. Third. To make and use a common seal, and alter the same at pleasure. Fourth. To take, hold, purchase, operate, lease, and convey such real and personal property, estate and franchises, as the purposes of the corporation shall require. Fifth. To appoint such officers and agents as the business of the corporation shall require, and to allow them a suitable compensation. leges. Notice of Intention to apply for Sixth. To make by-laws, not inconsistent with the constitution or any existing laws, for the management of its property and regulation of its affairs, and for the transfer of its stock. Seventh. To sell or lease their road and franchises. or parts thereof, to traction or motor power companies, or to other passenger railway companies, or to acquire the roads, property and franchises of other passenger railway companies by lease or purchase. Notice of the intention to apply for any such charter shall such charter shall be inserted in two newspapers of general circulation, be advertised. Section 4, act of May 14, 1889. as amended by act of June 7, 1901, cited for amendment. Extensions and branches. Resolution. Approval. printed in the county or counties within which the route of the proposed company lies, once a week for three weeks, setting forth the character and route of the corporation to be formed, and the intention to make application therefor. Section 2. That section four of said act of May fourteenth, one thousand eight hundred and eighty-nine, which, as amended by said act of June seven, one thousand nine hundred and one, reads as follows: "Section 4. Any company incorporated under this act shall have authority to construct such extensions or branches as it may deem necessary to increase its business and accommodate the travel of the public: Provided, That the act of the company authorizing any extensions or branches shall name the streets, highways and bridges on which each extension or branch is to be laid and constructed, and a copy of the minutes of said company, containing said authority, shall be recorded in the office of the recorder of deeds for the proper county, and an exemplification of the said record shall be filed in the office of the Secretary of the Commonwealth; and no right to actually construct the same shall vest until after thirty days from the filing of said exemplification: And provided, That no extension or branch shall be constructed on any street or highway upon which a track is laid, and in constant daily use for the transportation of passengers, under any existing charter, at the time of the filing of such exemplification, except as hereinafter provided," be and thesame is hereby amended so as to read as follows: Section 4. Any company incorporated under this act, desiring authority to construct any branch or extension, shall file in the office of the Secretary of the Commonwealth a duly certified copy of a resolution of its stockholders, setting forth in detail the route of the proposed branch or extension, which paper shall be forthwith presented to the Governor for his approval; and if the Governor shall be of opinion that said proposed branch or extension is within the general scope of the original charter, and does not conflict with any rights previously granted and in existence, he shall approve the same; whereupon the Secretary of the Commonwealth shall issue a certificate that said branch or extension has been duly authorized, and, upon the same having been duly recorded in the county or counties within which such extension lies, said company shall be vested with the right to construct and operate the same, provided it receives consent from the proper local authorities. Section 3. That section fourteen of the said act of May fourteenth, eighteen hundred and eighty-nine, which, as amended by the said act of June seventh, nineteen hundred and one, reads as follows: "Section 14. Any passenger railway company incorporated under this act shall have the right to use such portion of the single or double tracks of, or the streets, highways or bridges occupied by, any other passenger railway company or companies, incorporated under this or any general or special act, and already laid down and in constant daily use, and all of any streets, highways and bridges included in the route of any other company or companies, when the tracks are not laid down or are not in constant daily use, or are only in temporary use, as it may require either to construct a circuit upon its road or upon any of its branches or extensions, or to connect its road with any and all its branches and extensions or with the road of any other passenger railway company. The length of tracks to be used of any other road already laid down, shall be used only with the consent of the local authorities of the city, borough or township in which the same are laid, and in no event shall exceed two thousand five hundred feet in length of street or highway, in which measurement no bridge to be crossed, or the approaches thereto, shall be included; and shall have the further right to use all bridges and the approaches thereto, in use by any other company, in addition to the two thousand five hundred feet of track hereinbefore provided for; and said company shall have the right to replace, at its own expense, such tracks with new tracks and appliances, песessary for the proper operation of the cars of both companies over and upon said tracks. fore any such use occurs, compensation shall be paid or secured to any person or corporation injured thereby. In case the parties cannot agree as to the amount of compensation to be paid, then the court of common pleas of the proper county, upon the petition of the corporation seeking the privilege, shall appoint five persons to view and assess the compensation for the use of the tracks already laid and in constant daily use, or the streets, highways or bridges on which the same are laid, whether the said corporation owning said tracks shall or shall not have the exclusive right to lay tracks in said street or highway, either by virtue of their charter or any other legislation claiming to confer such exclusive privilege. The jury so appointed shall hear the testimony, and shall make a report to the court, assessing the dam Be |