dred and eighty-five, to take charge of the burial of honorably discharged soldiers who die in indigent circumstances, of the death of said soldier, sailor or marine, who served the United States in any war; whereupon it is made the duty of said person, appointed under the act of May twelfth, eighteen hundred and eighty-five, to take charge of said body and bury it in accordance with the provisions of said act. Section 2. County commissioners are hereby empowered to purchase plots of ground in any cemetery in their respective counties for the interment of honorably discharged soldiers, sailors or marines, who served the United States in any war, who die in indigent circumstances, and to draw their warrant on the county treasurer for the payment of the same. County commischase lots in any interment. sioners may pur cemetery for such Section 3. All acts or parts of acts which conflict Repeal. with the provisions of this act be and the same are hereby repealed. Approved-The 18th day of March, A. D. 1901. WILLIAM A. STONE. No. 18. AN ACT Authorizing the laying out and opening of public roads, which are extensions of streets in cities or boroughs, of equal width with such city or borough street. The laying out township roads sions of city or borough streets. and opening of which are exten Section 1. Be it enacted, &c., That in any township Approved-The 18th day of March, A. D. 1901. Section two of the Forest culture of land. Number of trees to the acre. Amount to be paid therefor. Repeal. No. 19. AN ACT Amending section two of an act, entitled "An act for the encouragement of forest culture, and providing penalties for the injury and destruction of forests," approved June first, one thousand eight hundred and eighty-seven, amending and extending the provisions thereof. Section 1. Be it enacted, etc., That section two of an act, entitled "An act for the encouragement of forest culture, and providing penalties for the injury and destruction of forests," approved June first, one thousand eight hundred and eighty-seven, which reads as follows: "The owner or owners of forest or timber land in this Commonwealth, which has been cleared of merchantable timber, who shall, within one year after the said land has been so cleared, have given notice to the commissioners of their respective counties that the said land is to be maintained in timber, and who shall maintain upon the said land young forest or timber trees in sound condition, in number at least twelve hundred to the acre, shall, on making due proof thereof, be entitled to receive annually from the commissioners of their respective counties the sum of money mentioned in the first section of this act: Provided, That the first period of ten years shall be counted from the time that the said land has been cleared of merchantable timber, and, that after the said first period of ten years, the number of trees upon the said land may be reduced as in the first section is provided," shall be amended so as to read as follows: The owner or owners of forest or timber land in this Commonwealth, which has been cleared of merchantable timber, who shall at any period after the said land has been so cleared, and who shall maintain upon the said land young forest or timber trees in sound condition, in number at least twelve hundred to the acre, shall on making due proof thereof, be entitled to receive annually from the commissioners of their respective counties the sum of money mentioned in the first section of this act: Provided, That the first period of ten years shall be counted from the time that said land has been cleared of merchantable timber, and that after the said first period of ten years the number of trees upon the said land may be reduced as in the first section is provided. Section 2. That all acts and parts of acts inconsistent herewith be and the same are hereby repealed. Approved-The 22d day of March, A. D. 1901. WILLIAM A. STONE. No. 20. AN ACT To authorize and empower any railroad corporation of this Commonwealth, which shall own at least two-thirds of the whole capital stock of any other like corporation of this Commonwealth, and shall have a railroad connecting with the railroad of the latter, to acquire the franchises, property, rights and credits of the latter. Section 1. Be it enacted, &c., That it shall be lawful for any railroad corporation of this Commonwealth, having a railroad connecting with that of any other like corporation, and owning at least two-thirds of the capital stock of the latter, to acquire in the manner hereinafter provided, and thereafter be pos sessed of, own, hold, exercise and enjoy, all the franchises, corporate property, rights and credits then possessed, owned, held or exercised, by said last mentioned vendor corporation. Section 2. Such acquisition shall be effected in the manner and upon the conditions hereinafter stated, to wit: ditions of acquisition. First. The corporations shall, pursuant to resolu- Manner and contion duly adopted by the directors of each, make and execute under their respective corporate seals, duly attested, an agreement providing for such acquisition to approval of stockholders. and sale, specifying all essential details, terms, stipu- Terms of agreelations and conditions thereof, and particularly show- ment. ing the number of outstanding shares of capital stock of the vendor corporation, the amount fixed as the price or value per share thereof, and the mode by which the respective holders shall receive payment for the same, and with a map of the railroad to be acquired thereunder, annexed and made part thereof. Second. Said agreement, after due notice is given Agreement subject all directors of such corporation or corporations, shall be submitted for approval or disapproval to the stockholders of each corporation at separate meetings, either annual or special, duly convened, and if said agreement shall be approved by a majority of the stockholders of each corporation, present at such meeting, then that fact shall be certified by the secretary of each corporation under its corporate seal, and a copy of the agreement, with said certificates attached, shall be filed in the office of the Secretary Copy of agreeof the Commonwealth; and immediately upon the ment to be filed. filing thereof all the corporate rights, franchises and privileges, and all the corporate property, real, personal and mixed, rights and credits, owned, possesed, held, used, or otherwise exercised by the vendor corporation, shall (subject, however, to full payment, in the manner prescribed by said agreement, of the stip When property shall vest in acquiring corporation. ties of vendor corporation. Rights, powers, etc., of acquiring corporation. ulated price or value of the whole capital stock of said vendor corporation,) become and be vested in the acquiring corporation, subject to all the debts, Subject to liabili- liabilities and duties of said vendor corporation, and shall thereafter be possessed, held, used, exercised and enjoyed by said acquiring corporation, as fully, completely and absolutely in all respects as the same had been theretofore owned, held, exercised and enjoyed by said vendor corporation; and said acquiring corporation may also, with respect to the property so acquired, have, exercise and enjoy all the rights, powers, privileges and franchises which it has and may exercise respecting its other railroads and property. Upon the filing in the office of the Secretary of the Commonwealth of said copy of agreement and attached certificates, as herein required, the capital stock of said vendor corporation shall be wholly extinguished by payment, in the mode prescribed in said agreement, of the stipulated price or value thereof, and all certificates representative thereof shall be delivered to the acquiring corporation for immediate cancellation, and all the corporate rights, franchises, privileges and property of every kind, acquired under said agreement, shall thereafter be represented by the capital stock of the acquiring corporation, and corporation to ter- thereupon the corporate existence of the said vendor corporation shall terminate. Capital stock of vendor corporation to be extinguished. Corporate exist ence of vendor minate. Agreements and certificates as evidence. Section 3. That the copy of said agreement with said certificates attached, filed in the office of the Secretary of the Commonwealth, shall be evidence of the lawful holding of the meetings of stockholders of each corporation, and of the due approval of the said agreement as required by this act, as well as the precedent action of the directors of each approving thereof. If any stockholder or stockholders of the railroad corporation, whose franchises, corporate property, rights and credits are acquired under said agreement, shall be dissatisfied with said acquisition, and the terms and conditions thereof contained in said Stockholders may agreement, then it shall and may be lawful for any such stockholder or stockholders, within thirty days after the filing of said agreement in the office of the Secretary of the Commonwealth, to apply by petition to the court of common pleas of the county in which the chief office of the said last mentioned company may be situated to appoint three disinterested Dutles of apprais- persons to estimate and appraise the damage, if any, petition for appointment of appraisers. ers. Award, when confirmed, to be final. which such stockholder or stockholders shall suffer or sustain by reason of the purchase and acquisition provided for by said agreement, and whose award, or that of a majority of them, when confirmed by the said court, shall be final and conclusive; and the persons, so appointed, shall also appraise the share or shares of said stockholders in the said company, at the market value thereof, without regard to any depreciation resulting from said purchase and acquisition, and the said company may, at its election, either pay to the said holder the amount of damages so found or the value of the stock so ascertained, and upon payment of the value of the stock, as aforesaid, the same shall be transferred to and be vested in said acquiring company. poration may is bonds. Section 4. In connection with and upon consumma- Acquiring cortion of such acquisition, as aforesaid, the acquiring sue stock or company may issue its own then authorized capital stock or its own bonds, either or both, at not less than the par or face value thereof, to such amount as may be required by said agreement, or as may be found otherwise necessary for paying and extinguishing the outstanding capital stock and bonded indebtedness, or either, of the corporation whose rights, property and franchises are so acquired. Approved-The 22d day of March, A. D. 1901. WILLIAM A. STONE. No. 21. AN ACT To admit to the public schools, where there is building capacity, the inmates of orphan asylums and homes for poor and friendless children, upon the payment of a reasonable tuition. Section 1. Be it enacted, &c., That the school directors of every school district in this Commonwealth shall admit the inmates of any orphan asylum or home for poor and friendless children, situated in their school district, to the schools of the district, pro- Proviso. vided there is building capacity, upon the payment of a reasonable tuition, per capita, which tuition shall be fixed by the superintendent of schools of the county in which the orphan asylum or home for poor and friendless children is located, upon the application of the directors of said school district, or the managers of the orphan asylum or home for poor and friendless children; provided, that where said orphan asylum, Proviso. or home for poor and friendless children, is located in a city, the superintendent of schools of that city shall fix the tuition. Approved-The 22d day of March, A. D. 1901. WILLIAM A. STONE. |