Page:United States Statutes at Large Volume 9.djvu/773

 THIRTIETH CONGRESS. Sess. I. Ch. 96. 1848. 723 shall be the directors; and if it shall happen that two or more persons have an equal number of votes, the directors in office at the time of such election shall, by a plurality of votes, given by ballot, determine which of the persons so having an equal number of votes shall be director or directors, so as to complete the whole number to be chosen; and the directors so chosen shall, as soon as may be thereafter, hm'°°*°” *° proceed by ballot to elect one of their number for their president; €h,;:s;,,,;§§,. {gi,. and whenever any vacancy shall happen, the same shall be filled up by president. the remaining directors, by plurality of votes, until the next annual election. Sec. 4. And be it further enacted, That John F. Callan, Jacob Five P¢¤=<¤{¤· Bigelow, B. B. French, W. H. Harover, M. P. oeuea, and W. A. ;;*g§,;}"j},,§°,f,;; Bradley, shall be the first directors of the said company, who shall hold uary,1849. their offices until the second Monday of January, in the year of our Lord one thousand eight hundred and forty-nine, and until others are chosen in their places; and they shall proceed to choose their president at such time· and place as they, or a majority of them, shall determine. Sec. 5. And be it farther enacted, That in case it shall at any time This corporahappen that an election for directors shall not take place on the day **]*1 ¤d°F*° bedistz appointed by this act for that purpose, the said corporation shall not, ii,;,:,;, iijocaijcgt for that cause, or for any nonuser, be deemed to be dissolved, but it directors_ on the shall and may be lawful to hold an election for directors on any other 23'E2""‘" dwg' day, in such manner as shall be provided for by the by-laws of the said ` corporation. Size. 6. And be itfuriher enacted, That it shall and may be lawful _M=¤mer i¤ for the directors, or a majority of them, to require payment of the sub- ggé? uégaifpxijlé scription to the capital stock of the said corporation, at such times and paid in. in such proportions as they, or a majority of them, shall deem fit, under the penalty of forfeiting all previous payment or payments thereon; Ferfeiture fer and that previous notice of the instalments required to be paid shall be "°°`paym°mt‘ published at least fourteen days in two of the public newspapers printed in the city of Washington. Sec. 7. And be itjiertlier enacted, That the president and directors _ Powers anddushall have full power and authority to manufacture, make, and sell g§;,°;,Hj°d€;;§;: gas, to be made of coal, oil, tar, peat, pitch, or turpentine, or other ors. material, and to be used for the purpose of lighting the city of Washington, or the streets thereof, and any buildings, manufactories, or houses, therein contained and situate, and to lay pipes for the purpose of conducting gas in any of the streets, avenues, and alleys of the said city; and, also, that the said company will so conduct the manufactories of gas as not to injure private property or create a nuisance: Provided, however, That the said pipes shall be laid subject to_ such Proviso. conditions, and in compliance with such regulations, as the corporation of Washington may from time to time prescribe: And provided further, That the right to erect or put up any buildings, works, or apparatus for the manufacture of gas shall be subject to such.terms, conditions, restrictions, and regulations as the said corporation of Washington may or shall, from time to time, prescribe or direct. Sec. 8. And be it further enacted, That if any person or persons Penalty reywii. shall wilfull y do, or cause to be done, any act or acts whatever, where- §*al£’1*¥g’*'j§OrE; by the works of said corporation, or any pipe, conduit, plug, cock, ,,,0,g,, ’by md reservoir, or any engine, machine, or structure, 01* any Hlatter or thing company. appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, the person or persons so offending shall forfeit and pay to the said corporation double the amount of the damage sustained by means of such offence or injury, to be recovered in the name of the said corporation, with costs of suit, in any action of debt, to be brought in any court having cognizance thereof