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CHAPTER CIX.

An Act Supplementary to an Act entitled "An Act for Regula ting and Maintaining Fences.

SECTION I. BE

E it enacted by the Senate and House of Repre-
sentatives of the Commonwealth of Pennsyl

vania in General Assembly met, and it is hereby enacted by the
authority of the same, That from and after the passing of this

viewers to

act, any three of the fence-viewers already appointed, or which Three fencemay hereafter be appointed by the different courts of common be a quopleas, in the several counties of this commonwealth, shall be rum. a quorum for doing business; and any view or order which they may make in pursuance of or in discharge of the duties Powers of enjoined on them in the act to which this is a supplement shall be as firm and valid in law, as if the whole number appointed in any of the counties aforesaid, had viewed or adjudged the same according to the true intent and meaning of said act.

SECT. II. And be it further enacted by the authority aforesaid, That the fence-viewers aforesaid, or such of them as shall pro- One dollar ceed to view, shall each of them receive a compensation for per day their services, of one dollar per day, for every day which they allowed to. shall be engaged in any view under this act, which cost or ex- How paid. pence shall be borne by both or either parties, as the said viewers shall direct, according to the provisions of the act to which this is a supplement.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED--the twentieth day of March, one thousand eight

hundred and ten.

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SIMON SNYDER.

CHAPTER CX.

An Act to change the name of Charles Swift, junior, to Charles

WHE

Riche.

HEREAS it has been represented by Charles Swift junior, son of Charles Swift of the township of Bensalem in the county of Bucks, that at the request of a near relation, he has agreed to change his name from Charles Swift junior, to Charles Riche, and has prayed the legislature to sanction and confirm the said change of name. Therefore, SECT. I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is bereby enacted by the authority of the same, That the said Charles Swift junior, shall hereafter be known

X

The name

of Charles

Swift junr. by the name of Charles Riche, and by the same name shall be changed to abie and capable in law, to sue and be sued, grant and receive, and do all other legal acts as effectually to all intents and purposes, as he could have done by his former name, if no change had been made therein.

Charles
Riche.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the twentieth day of March, one thousand eight

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hundred and ten.

SIMON SNYDER.

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CHAPTER CXI.

ers named.

Who shall procure

a book or books. Entry therein.

An ACT authorizing the governor to incorporate a company for erect ing bridge over the Monongahela River, at or near where the road leading from Brownsville, to the town of Washington, crosses the same.

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SECT. I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, Commission- That Neal Gillespie junr. Parker Campbel and Thomas Acheson of the county of Washington, Jacob Bowman, Thomas Mason, Charles Shaffner, Samuel Jackson, David Ewing, and Michael Sowers of the county of Fayette be, and they are hereby appointed commissioners to do and perform the several duties hereafter mentioned, that is to say: They shall on or before the first day of October next provide a book or books for the entering of subscriptions, and shall write therein as follows: We whose namės are hereunto subscribed, do promise to pay to the presi dent, managers and company, for erecting a bridge over the river Monongahela, at or near where the road leading from Brownsville to the town of Washington, crosses the same, the sum of twenty-five dollars for each and every share of stock in the said company, set opposite to our respective names in such manner and proportions, and at such times as shall be determined on by the president and managers, in pursuance of an act of the general assembly entitled: "An act authorising the governor to incorporate a company for erecting a bridge over the river Monongahela, at or near where the road leading from Brownsville to the town of Washington, crosses the same." Witness our hands this day of in the

Notice to be given of the times and

year of our Lord one thousand eight hundred and "And shall thereupon give notice in all the public newspapers printed in Uniontown Brownsville, and Washington, duopening the ring one calendar month, at least of the times, when and places where the said books shall be open to receive subscriptions at

places of

books.

of the com

to attend.

scribed in 3

When 600

which times and places some one or more of the said commission. One or more ers shall attend for that purpose, and keep open the said books, missioners during six hours in each of three successive days, or until six 1 hundred shares shall be subscribed, and if six hundred shares If 600 shares shall not be subscribed within that period, then the said be not subcommissioners may adjourn from time to time, until the days, the said number of shares shall be subscribed, of which adjourn- commissionments public notice shall be given by means of newspapers, at ers may adeach place where the said books shall have been opened, or else- journ. where, as occasion may require; and when six hundred shares shares are shall have been subscribed, public notice thereof shall be given subscribed in all the newspapers printed in Uniontown, Brownsville, and notice thereWashington; Provided always: That every person on entering given. his name in the said books, as a subscriber, shall pay five dollars 5 dollars on each share he shall subscribe, as a fund out of which shall be to be paid defrayed, the expenses attending the taking of subscriptions and other incidental charges, and the remainder shall be paid over to scribing. the treasurer of the corporation, as soon as the same shall be organized, such first payment on each share to be taken, and considered as a part payment on each share subscribed for.

of shall be

on each

share at sub

shares are

erect the

SECT. II. And be it further enacted by the authority aforesaid, When 600 That as soon as six hundred shares shall have been subscribed, subscribed the said commissioners or a majority of them may certify the &c. same, together with a list of the subscribers, and the shares by Who shall each subscribed in writing to the governor, who thereupon shall there upon constitute the said subscribers, and also all those who may in fu- subscribers ture subscribe under the provisions of this act a body politic and into a body corporate, by the name and style of "The president, managers, and pohtic. Style and ticompany, for erecting a bridge over the river Monongahela, at f or near where the road leading from Brownsville to the town of und priviWashington, crosses the same," with all the priviledges incident leges. to a corporation, who shall have perpetual succession, and shall be capable of taking and holding their said capital stock, and the increase and profits thereof, and of enlarging the same by new subscriptions, if such enlargement be necessary to fulfil the purposes of this act.

Notice of

the time for

ven,

SECT. III. And be it further enacted by the authority aforesaid, That the nine persons first named, in the letters patent of incorporation shall, as soon as conveniently may be, after sealing the same give notice in all the public papers, printed in Uniontown, organizing Brownsville, and Washington, of a time and place by them to be the corpora appointed, not less than thirty days from the time of issuing the tion to be gi first notice, at which time and place the said subscribers shall proceed to organize the corporation, and shall choose by a majority of votes of the said subscribers, taken by ballot, to be delivered either in person or by proxy, duly authorized one president, ten managers, one treasurer, one clerk, and such other officers as they may think necessary to conduct the business of the

Officers to

be chosen.

Powers of.

company, during one year and until other officers be chosen, and may make such by-laws, rules, orders, and regulations (not inconsistent with the constitution and laws of this state, or of the United States) as may be necessary for the well-ordering the affairs of the company; Provided always: That no person shall No person to have more than five votes, whatever number of shares he may be entitled to, and each person shall be entitled to one vote for each share by him held under that number.

have more

than 5 votes.

Annual

SECT. IV. And be it further enacted by the authority aforesaid, meetings to That a public meeting of the said stockholders shall be held on be held &c. the first Monday of May, in every succeeding year, at such place as shall be fixed by the rules and orders of the said company, for the purpose of choosing officers for the ensuing year, and the determination of any question, affecting the interests of the said company.

of stock to be issued.

SECT. V. And be it further enacted by the authority aforesaid, Certificates That the president and managers shall procure printed certificates, for all the shares of stock in the said company, which shall be signed by the president, countersigned by the treasurer, and sealed with the seal of the corporation, and each subscriber shall be entitled to one such certificate for each share, by him subscribed for, on paying to the treasurer in part of the sum due 10 dollars on thereon, ten dollars on each share, which certificates shall be each share transferable, either by the owner in person, or by his attorney to be paid thereon. duly authorised in the presence of the president, or of the treaCertificates surer, for the time being, subject however to the payments due to be assign- or that may grow due thereon, and the persons to whom such transfer shall be made, shall stand in the place of the former holder of the certificate and be entitled to the same privileges in

able.

5 members

rum.

a chairman

may be chosen, &c.

the

company.

SECT. VI, And be it further enacted by the authority aforesaid, That the said president and managers shall meet at such times and places, and be convened in such manner as shall be agreed on, for transacting the business of the company, at which meetto be a quo- ing, five members shall be a quorum, who in the absence of the president shall choose a chairman, and shall keep minutes of their proceedings, to be fairly entered in a book to be kept for that purpose, and a quorum being met, they shall have full powPowers of a er and authority to appoint such engineers, superintendants, assistants and workmen, as they shall deem necessary to the erection of the said bridge, and they shall fix their salaries and wages, they shall also have power to make contracts, to ascertain the times, manner, and proportion in which the stockholders shall pay the money due on their respective shares, to draw orders on the treasurer for the monies necessary to pay salaries, wages, and bills for work and labor, done and performed, or materials furnished, which orders shall be signed by the president, or in his absence by a majority of a quorum, and countersigned

quorum.

by their clerk, and to do, and transact all such other matters and things as by this act, or by the by-laws of the company shall be committed to them.

SECT. VII. And be it further enacted by the authority aforesaid, That if any stockholder after thirty days notice in the public newspapers, printed in Uniontown, Brownsville, and Washington, of the time and places appointed for the payment of any proportion, dividend or instalment of the said capital stock, still due on each share, shall neglect to pay the same, for the space of thirty days after the day whereon the same shall be appointed Penalty on to be paid, every such stockholder shall in addition to the instal- neglecting ment so called for, pay at the rate of five per cent. per month, ments. to pay instalfor every delay of such payment, and if the same and the said additional penalties shall remain unpaid, so long that the accumulated penalties shall become equal to the sum already paid on such share, the same shall be forfeited to the company, and may be sold under the direction of the president and managers, or a majority of a quorum of them, at any of their meetings for transacting the business of the company, the order for that purpose being first entered in the minute book by the clerk at such meeting.

take mate

And com

SECT. VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said president and manaManagers, gers their superintendants, engineers, and workmen, to enter into &c. may enand upon all the lands and inclosures near to the place where the ter upon said bridge is to be built, and to take all stones convenient, and to lands and examine the ground for the purpose of opening quarries, and rials. obtaining stones or other materials for the building of said bridge, Notice to be and to enter with teams of any kind, first giving notice to the given to the owners, doing as little damage as possible, and repairing any owners. breach in fences, that they may have occasion to make and ma- pensation. king amends for any damage they may have done, which da- How damamage shall be ascertained by the parties, if they can agree, and ges shall be if not, then by the appointment of any two or three disinterest- ascertained. ed freeholders, one to be chosen by the managers or by any three of them, one by the party claiming to be aggrieved, and the third to be chosen by the two already so nominated, which freeholders shall be qualified by oath, or affirmation, to decide to the best of their judgment, between the parties and the said managers, or the persons employed by them, after tender of the appraised value may proceed to take away any stone, or other materials, for the purpose of erecting and repairing said bridge; built upon Provided: That nothing in this act contained, shall authorise the without consaid company to erect a bridge in the manner herein mentioned, sent of the upon any private property without the consent of the owner or owners thereof, nor to erect the same in such manner as to obstruct the navigation of the said river, except by the erection of bridge shall two abutments, and three piers or pillars, whereon to build said be erected.

No site to be

owner

Manner in

which the

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