340.
Thirtieth
Congress,
thiFirst Session,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.
thiFirst Session,
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.
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 ap-
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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.
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 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 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
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3
directors, so as to complete the whole number to be chosen; and the directors so chosen
shall, as soon as may be thereafter, 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.
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.
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 non-user,
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.
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
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4
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.
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 &c.^
Sec. 8. And be it further enacted, That if any person or persons shall wilfully 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 sus-
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sustained by means of such offence or injury, to be recovered in the name of the
said corporation, with c0sts of suit, in any action of debt, to be brought in any
court having cognizance thereof.
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.
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 promissing 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.
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
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however contracted or incurred, to be recovered by suit as other debts or liabilities,
before the court or tribunal having jurisdiction of the case.
[ certification
]
06/28/1848
06/28/1848
Passed the House of Representatives
June 28th AD. 1848.
AttestTho. J Campbell
Clerk.
June 28th AD. 1848.
AttestTho. J Campbell
Clerk.
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[ docketing
]
Dist. Columbia
[ docketing
]
H R 3[?]
[ docketing
]
An Act
To incorporate the Washingto[n] Light Company.
To incorporate the Washingto[n] Light Company.
[ certification
]
07/01/1848
07/01/1848
In Senate of the U. Sta[tes]
July 1, 1848.
Resolved, That this Bill pass, with an amendment.
attestAsbury Dickins,
Secretar[y]
July 1, 1848.
Resolved, That this Bill pass, with an amendment.
attestAsbury Dickins,
Secretar[y]
[ docketing
]
June 30 Read 1 & 2 X
[ docketing
]
D. C
[ docketing
]
June 30 Comm[?]
[dc?]
[ docketing
]
amended & passed
[ docketing
]
July 6th Hampton
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In Senate of the United States,
July 1, 1848.
July 1, 1848.
Resolved, That the Bill from the House of Representatives entitled “An Act
to incorporate the Washington Gas Light Company” do pass, with the following
Amendment.
At the end of the 7th Section, add the following: 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.
[ certification
]
AttestAsbury Dickins.
Secretary.
Secretary.
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[ docketing
]
H. R. 340.
[ docketing
]
Amendment
[ docketing
]
Sentates Amendm[ent?]
Partially Printed Document, 14 page(s), Volume Volume 1, RG 233, Entry 362: Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the House, 1847-1849, NAB,