10 June 1893 § 4. decision an appeal shall lie as now provided by law in other cases involving questions of taxation. P. L. 417. Ibid. § 5. 5. Any corporation accepting the provisions of this act, which shall in any year declare a dividend upon its entire capital stock, shall first file in the office of the When entire capi- auditor-general, a certificate setting forth the intent of such corporation to pay a subject to taxation. dividend as aforesaid, and thereupon the entire capital stock of such corporation shall be subject to taxation for such year. tal stock shall be Ibid. § 6. Proceedings in case of sale of real estate. 6. It shall be unlawful for any corporation accepting the provisions of this act to sell, transfer, let or lease any real estate specified in the certificate filed with the secretary of the commonwealth as required by the second section of this act as intended to be used as a bourse or exchange hall, without first filing in the office of the secretary of the commonwealth a certificate setting forth the intent of such corporation to sell, transfer, let or lease such real estate, and thereupon the entire capital stock of such corporation shall thereafter be subject to taxation: Provided, That if any corporation accepting the provisions of this act shall sell, transfer, let or lease the real estate or the part thereof specified in the certificate filed with the secretary of the commonwealth as required by the second section of this act as intended to be used as such bourse or exchange hall, or shall declare a dividend without first filing a certificate in the office of the auditor-general as provided in the fifth section of this act, the entire capital stock of such corporation shall thereupon be liable to taxation, together with a penalty of twelve per centum upon that portion of the capital stock theretofore exempt from taxation under the provisions of this act. BOWLING SALOONS. See GAMING. 1 April 1797 § 2. 8 Sm. 295. weight. BREAD. See BISCUIT. 1. Bread to be sold by weight. Penalty for selling in any other manner. 1. All loaf bread made for sale within this commonwealth, shall be sold by the pound avoirdupois; and every baker or other person offering the same for sale Bread to be sold by shall keep at his or her house, or at such other place at which he or she shall at any time offer or expose for sale any such bread, sufficient scales and weights, lawfully regulated, for the purpose of weighing the same; and if any baker or other person shall sell or offer for sale any loaf bread, in any other manner, the contract respecting the same shall be void;(p) and the person offending against this act shall, on conviction, forfeit and pay the sum of ten dollars for every such offence, one-half to the use of the informer, and the other half to the use of this commonwealth; and it shall be the especial duty of the clerk of the market, in any place where such officer is appointed, to discover and prosecute all persons offending against this act. Penalty for selling in any other man ner. BREWERIES. See BOTTLES AND BARRELS; LIQUORS. BRIBERY. See CONSTITUTION · PENNSYLVANIA; CRIMES; MUNICIPAL CORPORATIONS. (p) This act is still in force. Johnson v. Kolb, 3 W. N. C. 273. BRIDGE AND FERRY COMPANIES. See CORPORATIONS; FERRIES. 1. Charters of bridge and ferry companies. 2. Lands for corporate purposes. 3. Foreign corporations may maintain piers. And take, hold and convey real estate. 4. Rates of toll for crossing bridges. Bridges partly within cities of the first or second class. Toll not to be increased. Rates to be posted. School children not to pay toll. 5. Excessive tolls. Neglect to repair. 6. Accounts. Funds for repairs. Dividends. 7. Penalty for injuring works for obstructing passage for carrying fire over bridges - for evading tolis. 8. Limitation of actions. 9. Wharf companies to be licensed. 10. Powers of ferry companies. 11. Bridge companies may issue preferred stock. 12. May borrow money. 13. Location of bridges and ferries. 14. Voting at elections by bridge companies. 15. Bridge companies may sell their property to other corporations. 1. The charter of a ferry, wharf or bridge company shall state I. The stream over or on which the same is proposed to be erected. II. The place and county or counties of its location. 17 April 1876 § 7. P. L. 84. Charters of bridge III. Its distance from any other wharf, bridge or ferry over or on the same and ferry comstream, which shall have been before that date incorporated under the laws of this panies. commonwealth. 2. All bridge and ferry companies incorporated under this statute, when not otherwise provided in this act, shall, from the date of the letters-patent creating the same, be governed, managed and controlled, as follows: 25 May 1887. P. L. 267. Lands for corpo Clause 1. That before the directors of any such corporation shall proceed to rate purposes. build any such bridge or ferry, it shall be lawful for them to contract with the owner or owners of any land, for the purchase of so much thereof as shall be necessary for the purpose of erecting and completing said bridge or ferry, and making all the necessary works and causeways to and from the same, if they can agree with the said owner or owners; but in case they cannot agree, proceedings shall be had as provided in section forty-one of this act. The said bridge or ferry shall be so constructed as not to interfere with the free navigation of said creek or river.(q) 6 June 1887/ P. L. 352. piers, &c. 3. It shall and may be lawful for any company incorporated under the laws of any other state for the establishment, maintenance and continuance of a ferry, or for the maintenance and continuance of a bridge, between this state and any other Foreign corpora state, upon or over any river flowing between said states, to erect and maintain tions authorized to piers, offices, warehouses and all other buildings and structures necessary for the erect and maintain maintenance of such ferry or bridge, and conducting the freight and passenger business to be moved thereby, and to take, have and hold, in this state, real estate And to take, hold necessary and proper for the purpose of such ferry or bridge, and for such piers, and convey real offices, warehouses, buildings and structures, or either, and to mortgage, lease or convey the same, or any part thereof: Provided, That nothing herein contained shall be deemed to prevent or relieve any real estate taken or held by any such corporation, under the provisions of this act, from being taxed in like manner with other real estate in this commonwealth, and the title to any real estate in this com- Titles confirmed. monwealth now held by or in trust for any such corporation for the purposes aforesaid, is hereby confirmed, with the same effect as if the said real estate had been purchased, held or owned under the provisions of this act. estate. 6 May 1887. P. L. 92. 4. II. When the said corporation shall have erected and completed a bridge over any creek or river, under the authority of this act, the property thereof shall be vested in the said corporation, and it shall have the power to erect gates and to de- Rates of toll for mand and receive tolls for crossing said bridge, at such rates as the president and crossing bridges. directors thereof shall, from time to time, determine, not exceeding the rates following, namely: For every score of sheep or swine, eight cents; for every score of horned or muley cattle, twenty-five cents; for every mule or horse, driven or led, five cents; for every horse or mule, ladened or unladened, with rider, five cents; for every two-wheeled vehicle and one horse, six cents; the same with two horses, ten cents; for every four-wheeled vehicle, with one horse, ten cents; for every fourwheeled vehicle, with two horses, fifteen cents; for either of the last-named vehicles, with four horses, twenty cents; for every foot passenger, two cents: Provided, That any bridge, not wholly, or in part, within the limits of any city of the first or Bridges partly second class within this commonwealth, that shall hereafter be constructed or re- first or second constructed, and the cost whereof shall be increased beyond the minimum by class may add fifty reason of the demands and requirements of navigation, the corporation owning per cent, to above the same may demand and receive tolls, not exceeding fifty per centum in excess cases. of the above rates, in any case where such increased rates do not produce a net within cities of the in certain (7) This is an amendment of the act 29 April 1874, § 31, cl. 1, P. L. 90; and supplies the act 17 April 1876, § 7, el. 1, P. L. 34. 6 May 1887. P. L. 92. Tolls not to be Rates of toll to be Penalty for de tolls. revenue in excess of six per centum per annum upon the capital stock of such corporation: Provided further, That no such increased tolls shall be charged in any case until the same shall have been authorized by the court of quarter sessions of the proper county, or if a bridge be located over a stream dividing counties, then by the court of quarter sessions of the county wherein the office of the company may be situated, and in all cases said corporation shall cause to be put up and kept in some conspicuous place at the gate of said bridge a list of the rates of toll: And provided further, That all children going to and from school shall have free passage.(r) 5. III. If the said corporation, or any person employed for it, shall collect or manding excessive demand any greater rate or prices for passing over said bridge, than what is prescribed in the list of tolls put up at the gate as aforesaid, or neglect to keep said bridge in repair, he or they shall forfeit for every such offence the sum of ten dollars, to be recovered as debts of a similar amount are recovered, one-half to be paid to the county, and the other half to the person who may sue for the same. For neglecting to repair. Accounts. 6. IV. Said corporation shall keep a just account of all moneys received by their several collectors of tolls, for crossing said bridge; and after deducting all contingent costs and charges, and such proportion of the income as may be sufficient for a Fund for repairs. fund to provide against the decay, the repairing and rebuilding of the said bridge, that time and accident may render necessary, they shall semi-annually declare and make a dividend of the balance among the stockholders, first giving notice personally or by advertisement, of the time and place when and where the same shall be paid, and shall cause the same to be paid accordingly, in ten days thereafter or as soon thereafter as the same shall be demanded. Dividends. Penalty for injuring works. For obstructing passage. 7. V. If any person or persons shall wilfully pull down, break or destroy, with intent to injure, any part or parts of the said bridges, or any toll-house, gates, bars or other property of the said corporation, erected for the use of said bridges, or shall wilfully deform or destroy the letters or figures in any list of the rates of toll, affixed in any place, for the information of passengers; or shall wilfully or maliciously obstruct or impede the passage in or over the said bridges, or any part or parts thereof, he, or she or they so offending, shall each of them forfeit and pay for each and every such offence, to the said corporation, the sum of ten dollars to be recovered as other debts of a like amount are recoverable. And if any person shall be guilty of carrying any lighted cigar or pipe, or of carrying fire in any manner, whatsoever, over said bridge, except in a lantern or in some vessel secured, so that the probability of setting fire to said bridges shall be fully prevented, or shall discharge any pistol or gun, or any fire-arms, on or near said bridges, he, she or they so offending, shall forfeit and pay to the said company, the sum of five dollars each, with all other damages sustained to said bridges, for every such offence, to be For evading tolls. recovered as aforesaid. Or if any person or persons shall evade the payment of any toll or duty for passing said bridges, or ride or drive his or their horse or horses on or over said bridge in a faster gait than a walk, he, she or they so offending, shall forfeit and pay to the said corporation, the sum of five dollars for every such offence, to be recovered in like manner as aforesaid. For carrying fire over bridges. Limitation of actions. Wharf companies to be licensed. 17 April 1876 § 8. P. L. 34. Powers of ferry companies. 1 May 1876 § 1. P. L. 91. Bridge companies may issue preferred stock. 8. But no suit shall be brought for any of the said offences, unless commenced within thirty days after it shall be known who committed said offence; and he, she or they so offending shall remain liable to action at the suit of said corporation for such wrongs, if the sums herein mentioned be not sufficient to repair and satisfy said damage. 9. VI. No wharf company within the jurisdiction of the board of wardens, for the port of Philadelphia, shall have the right to exercise its corporate franchises under this act, until it has been licensed by said board of port-wardens, and complied with the provisions of an act, entitled "An act to establish a board of wardens for the port of Philadelphia, and for the regulation of pilots and pilotages, and for other purposes therein mentioned," approved March 29th, 1803, (s) and its supple ments. 10. Any ferry company incorporated as aforesaid, shall have the right and power to erect and maintain a ferry, either of steam-power or otherwise, across any of the streams or waters of this commonwealth, subject to the right of prior occupants; and any ferry or wharf company may take and receive such charges for occupancy, storage and use, and such tolls and freights for the passage of persons, vehicles, animals and freight, as may be appointed by them, subject to the approval of the court of quarter sessions of the proper county; which court is required to examine the schedule of charges and toll-sheet submitted by any such corporation, and approve the same, or lessen or increase the same, as seems just and proper. 11. It shall be lawful for any bridge company, incorporated by any special law of this commonwealth, with the consent of a majority in interest of its stockholders, obtained at a meeting to be called for that purpose, of which public notice shall be given, during thirty days, in a newspaper of the proper county, (to) issue preferred stock of the company, not exceeding the one-half of the capital stock of the corpo (r) This is an amendment of the act 29 April 1874, § 31, cl. 2, P. L. 90; and supplies the act 17 April 1876, $7, cl. 2, P. L. 34. (s) See tit. "Shipping." ration at such time; the holders of which preferred stock shall be entitled to receive such dividends thereon as the board of directors may prescribe, not exceeding twelve per centum per annum, payable out of the net earnings of the corporation. 12. It shall be lawful for any bridge company, incorporated by any special law of this commonwealth, to borrow money or secure any indebtedness created by them, by issuing bonds, with or without coupons attached thereto, and secure the same by a mortgage or mortgages, to be given and executed to a trustee or trustees, for the use of the bondholders, upon their real estate, bridges, improvements, property and corporate rights and 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 eight per centum per annum: Provided, That any bridge company or companies accepting the provisions of this act, shall thereafter hold their charters subject to the provisions of the constitution. 1 May 1876 § 1. P. L. 91. Ibid. § 2. And borrow money. 13. No bridge or ferry company shall have the right to exercise its corporate 14 March 1876 § 1. franchises within three thousand feet of any other bridge or ferry in actual use at P. L. 6. the date of issuing letters-patent to the new corporation; (t) but nothing herein con- Location of bridges tained shall prevent the erection of bridges by municipalities, as now provided by and ferries. law, nor the erection of bridges by such company or companies, to cross streams, bounding cities of the third class, from any point within the same, at a less distance than three thousand feet from any other bridge in actual use. P. L. 139. 14. In all elections or meetings of stockholders of any turnpike, plank-road or 11 June 1879 § 1. bridge company, incorporated under any law of this commonwealth, every stockholder shall be entitled to one vote for every share of stock by him or her held in Votes at elections such corporation, to be cast either in person, or by proxy duly constituted by power by br of attorney in writing, attested by one or more subscribing witnesses. by bridge compa P. L. 178. 15. It shall be lawful for any bridge company, with the assent of the holders of 12 June 1879 § 1. not less than two-thirds of its capital stock, to sell or dispose of its property to any other corporation, and said corporation so purchasing shall have full power, in May sell their propaccordance with the purposes of its charter, to use the property so purchased for the erty to other purpose designated in the charter under which said property was built. corporations. BRIDGES. See BRIDGE AND FERRY COMPANIES; COUNTY COMMISSIONERS; MUNICIPAL CORPORATIONS; ROADS, HIGHWAYS AND BRidges. BROKERS. See FACTORS; INSURANCE. 1. Stock brokers to be licensed. Their powers to deal in stocks. ers. 2. Exchange brokers to be licensed. Their pow 3. Who shall be deemed exchange brokers. 4. Bill brokers to be licensed. Their powers. 5. Licenses to be renewed annually. To inure for the benefit of assignees or legal representatives. Proceedings in such cases. Brokers not to use more than one place of business. The same person may be licensed as stock, exchange and bill broker. 6. Penalty for acting without license. 7. County treasurer to furnish annual statements of amounts received for brokers' licenses. Their commission. And fees. P. L. 396. 1. When any individual or copartnership residing in the city or county of Phila- 27 May 1841 § 1. delphia, shall have paid [one hundred dollars], (u) or if residing in the city of Pittsburgh or county of Allegheny, shall have paid [fifty dollars], (u) or if residing stock brokers to in any other county of this commonwealth, shall have paid [thirty dollars], (v) be licensed. into the treasury of the county in which he, she or they shall respectively reside, for the use of the commonwealth, (w) with a view to the use and exercise of the business or occupation of a stock broker, the treasurer of the proper county shall thereupon grant to such individual or copartnership, a commission, in legal form, (t) See Ferry Co.'s Appeal, 3 Penn. 32. amount payable for a broker's commission; if one acts without a commission, the proper remedy is, a prosecution for the penalty given by the 5th section (c) No action will lie for the recovery of the (infra 6). Commonwealth v. Manley, 2 Phila. 173. P. L. 396. Their powers to deal in stocks. 27 May 1841 § 1. under the seal of said county, authorizing him, her or them to purchase and sell as agents, or for the use and benefit of others in the city or county to be designated in said commission, for such brokerage, commission or other compensation as may be agreed upon between the parties, any public loan or stock, and the stock of corporations, institutions and companies, or other securities in the nature thereof, that have been or may be hereafter authorized by or under any law of the United States, or any separate state or territory of the United States, and generally to do and perform all other lawful acts or things incident to the business of a stock broker, for the term of one year from the date of such commission. Ibid. § 2. Exchange brokers to be licensed. Their powers. 24 March 1842 § 24. P. L. 166. Who shall be brokers. 2. When any individual or copartnership, residing in the city or county of Philadelphia, shall have paid [one hundred dollars], (w) or if residing in the city of Pittsburgh or county of Allegheny, shall have paid [fifty dollars], (w) or if residing in any other county of this commonwealth, shall have paid [thirty dollars] (w) into the treasury of the county in which he, she or they shall reside, for the use of the commonwealth, with a view to the use and exercise of the business and occupation. of an exchange broker, the treasurer of the proper county shall thereupon grant to such individual or copartnership, a commission in legal form, under the seal of such county, authorizing him, her or them, in like manner to purchase and sell the bills, notes, or other legal obligations of any authorized corporation, institution or company, domestic and foreign bills of exchange, and other securities in the nature thereof (public loans and stocks excepted), and generally to do and perform all other lawful acts and things incident to the business or occupation of an exchange broker, for the term of one year from the date of such commission. 3. Every individual or copartnership, who shall engage in or pursue the business or occupation of purchasing or selling the bills, notes, checks, drafts, certificates of deposit, or other legal obligations of any authorized corporation, institution deemed exchange or company, domestic or foreign bills of exchange, or other obligations or securities, in the nature thereof, shall be deemed and taken to be an exchange broker, within the meaning of the act, entitled "An act to authorize the licensing of stock brokers, exchange brokers, and bill brokers, &c.," approved the 22d day of May 1841, and shall be subject to all the provisions of said act: Provided, That nothing herein contained shall be so construed as to apply to any individuals or copartnership, who may make such purchases or sales, only with reference to and for the purposes of any other legitimate business or occupation, in which he or they may be engaged, and not with reference to or for the purpose of realizing a commission or other profits, on such purchases or sales. 27 May 1841 § 3. P. L. 397. licensed. 4. When any individual or copartnership, residing in the city or county of Philadelphia, shall have paid [one hundred dollars], (w) or if residing in this city Bill brokers to be of Pittsburgh or county of Allegheny, shall have paid [fifty dollars], (w) or if residing in any other county of this commonwealth, shall have paid [thirty dollars], (w) into the treasury of the county in which he, she or they shall reside, for the use of the commonwealth, with a view to the use and exercise of the business or occupation of a bill broker,(x) the treasurer of the proper county shall thereupon grant to such individual or copartnership, a commission in legal form, under the seal of such county, authorizing him, her or them, in like manner, to purchase and sell, notes of hand, drafts, acceptances and other securities in the nature thereof, maturing or made payable at a future day, and generally to do and perform all other lawful acts and things incident to the business or occupation of a bill broker, for the term of one year from the date of such commission. Their powers. Ibid. § 4. Licenses to be 5. For each and every succeeding year during which any individual or copartnership shall continue to use or exercise the business or occupation either of stock renewed annually. broker, exchange broker or bill broker, as aforesaid, he, she or they shall pay or cause to be paid in advance, into the treasury of the proper county as aforesaid, for the use of the commonwealth, the sum in the respective cases above stipulated, and receive a new commission as aforesaid; and in case either of the parties shall die, or shall remove from and cease to use or exercise the business or occupation of a stock broker, exchange broker or bill broker, as the case may be, in the city or county named in his, her or their commission, before the expiration of the term therein specified, the benefit of said commission, for the unexpired term, shall inure to and be continued in his, her or their legal representative or assignee, upon benefit of assignees application to the treasurer of said county for that purpose; such application to be accompanied by the oath or affirmation of the party so applying, acknowledged before one of the judges of a court of record of the proper city or county, and indorsed on said commission, that the party or parties to whom said commission was originally granted, is or are deceased, or that he, she or they has or have removed from and cease to use or exercise the said business or occupation, in the city or county named in such commission; and thereupon, the said treasurer shall, by his indorsement on such commission, authorize such legal representative or assignee to use or exercise the business or occupation of stock broker, To inure for the or legal representatives. Proceedings in such case. (w) Altered, infra 9-11; and see infra 12. (2) The term "bill broker does not include an exchange broker, who buys notes, drafts and accept ances, with its own funds, and not to sell again. The term "bill broker" is synonymous with that of "street broker." Commonwealth v. Holmes, 11 P. S. 468. |