July 8, 1848.
Chap. XCVI. — An Act to incorporate the Washington Gas Light Company.
Washington Gas Light Company incorporated.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That John F. Callan, Jacob Bigelow, B. B. French, W. H. Harover, M. P. Callan, W.
A. Bradley, and W. H. English, and their present and future associates, are hereby
declared to be a body politic and corporate, by the name and style of the "Washington
Gas Light Company," and by the same name shall have perpetual succession, and shall
be able to sue and be sued, plead and be impleaded, in all courts of law and equity
in the District of Columbia and elsewhere; and to make and have a common seal, and
the same to break, alter, and renew at pleasure; to ordain and establish such by-laws,
ordinances, and regulations, and generally to do every act and thing necessary to
carry into effect this act, or to promote the objects and design of this corporation.
Capital stock not to exceed $50,000.
Sec. 2. And be it further enacted, That the capital stock of this corporation shall not exceed fifty thousand dollars;
that a share in the same shall be twenty dollars; and books of subscription to the
said capital stock, or to such portions thereof as from time to time may, by the directors
for the time being, be deemed proper and necessary, shall be opened by the appointment
or under the direction of the directors hereinafter named, subject to such rules,
limitations, and conditions, as by them shall be prescribed; and the stock of the
said corporation shall be deemed personal property.
Affairs, &c., of said corporation to be managed by five directors — how they are to
be chosen.
Directors to choose one of their number for president.
Sec. 3. And be it further enacted, That the stock, property, and affairs of the said corporation shall be managed and
conducted by or under the direction of five directors, being stockholders; that the
said directors shall hold their offices for one year from the second Monday, and shall
be elected on the first Monday in January, in each year, at such time and place in
the city of Washington as a majority of the directors for the time being shall appoint;
and that notice of such election shall be published in at least two of the public
newspapers printed in the city of Washington, at least fourteen days previous to the
time of holding such election; and every such election shall be by the time of holding
such election; and every such election shall be by ballot, and by such of the stockholders
who shall attend for that purpose, either in person or by proxy; and each stockholder
shall be entitled to one vote for each share of the stock which he or she may have
held in his or her own name for at least fourteen days before the time of voting;
and the persons having the greatest number of votes
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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 hereafter, proceed by ballot
to elect one of their number for their president; and whenever any vacancy shall happen,
the same shall be filled up by the remaining directors, by plurality of votes, until
the next annual election.
Five persons who shall be directors until January, 1849.
Sec. 4. And be it further enacted, That John F. Callan, Jacob Bigelow, B. B. French, W. H. Harover, M. P. Callan, and
W. A. Bradley, shall be the first directors of the said company, who shall hold 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.
This corporation not to be dissolved in case of failure to elect directors on the
day herein designated.
Sec. 5. And be it further enacted, That in case it shall at any time happen that an election for directors shall not
take place on the day appointed by this act for that purpose, the said corporation
shall not, for that cause, or for any nonuser, be deemed to be dissolved, but it shall
and may be lawful to hold an election for directors on any other day, in such manner
as shall be provided for by the by-laws of the said corporation.
Manner in which the capital stock shall be paid in.
Forfeiture for non-payment.
Sec. 6. And be it further enacted, That it shall and may be lawful for the directors, or a majority of them, to require
payment of the subscription to the capital stock of the said corporation, at such
times and in such proportions as they, or a majority of them, shall deem fit, under
the penalty of forfeiting all previous payment or payments thereon; and that previous notice of the instalments required to be paid shall be published
at least fourteen days in two of the public newspapers printed in the city of Washington.
Powers and duties of the president and directors.
Proviso.
Sec. 7. And be it further enacted, That the president and directors shall have full power and authority to manufacture,
make, and sell gas, to be made of coal, oil, tar, peat, pitch, or turpentine, or other
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 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.
Penalty for willfully injuring or damaging works erected by said company.
Sec. 8. And be it further enacted, That if any person or persons shall willfully do, or cause to be done, any act or
acts whatever, whereby the works of said corporation, or any pipe, conduit, plug,
cock, reservoir, or any engine, machine, or structure, or any matter or thing 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 or debt, to
be brought in any court having cognizance thereof.
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Nothing in this act to be so construed as to prevent any person or persons, or company,
from engaging in the business specified in the 7th section of this act.
Sec. 9. And be it further enacted, That nothing in this act shall be construed to prevent any person or persons, nor
any incorporated company hereafter to be created by Congress for that purpose, from
engaging in and pursuing the business specified in the seventh section of this act;
and that it shall be lawful for Congress, at any time hereafter, to alter, amend,
or repeal this act.
Said corporation prohibited from making, issuing, or putting in circulation notes,
checks, drafts, &c., intended to circulate as money.
Sec. 10. And be it further enacted, That nothing in this act contained shall be construed to authorize the said Washington
Gas Light Company to make, issue, or put in circulation any bill, draft, check, order,
promissory note, change ticket, or any thing else promising or agreeing to pay money,
intended to circulate as money, or the tendency of which shall be to circulate as
money or currency; and the violation of any one of the provisions of this section
shall be a forfeiture of the charter herein granted, and a fine of fifty dollars against
each of the directors voting for the same.
Stockholders to be individually liable for debts and engagements of said corporation.
Sec. 11. And be it further enacted, That each of the stockholders in the Washington Gas Light Company shall be held liable
in his or her individual capacity for all the debts and liabilities of the said company,
however contracted or incurred, to be recovered by suit as other debts or liabilities,
before the court or tribunal having jurisdiction of the case.
Approved, July 8, 1848.
Printed Document, 3 page(s), Private Acts, 30th Cong., 1st sess., George Minot, Statutes at Large 9, 722-24