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company shall suffer the same to go to decay, and be impassable for the term of two years, then this charter shall become null and void, except so far as compels the said company to make reparation for damages.

SECTION 22. The president and managers of the said com- Increase of pany shall be and are hereby authorized to increase the capital capital stock. stock of the said company from time to time, so that the whole number of shares thereof shall not exceed sixteen thousand, of fifty dollars each, and to sell and dispose of so many shares, as that the whole shall amount to the said number of sixteen thousand, and to receive subscriptions therefor, and to regulate the payments therefor to be made to the said company,and the subscribers to, and the purchasers thereof, and his, her or their assignee or assignees, and shall be subject to the like penalties and liabilities in regard to the same, as are prescribed by the eighth section of this act: Provided, That the said company shall have the power to Proviso. borrow money on loan to enable them to finish their works, and to give mortgages, certificates or other evidences, and securities for the payment thereof; the same to be convertible or not convertible into stock, as shall be agreed on between said company, and the lender or lenders.

SECTION 23. At the end of the third year after the charter After 3 years shall be obtained, and at the end of every year thereafter, there and annually shall be furnished to the Legislature, an abstract of the accounts thereafter, of the company, showing the amount of capital paid in, and the statement to debts of the said company, the amounts received for tolls and Legislature. transportation, and rates charged, and the amount of dividends declared, which abstract shall be verified by the oath or affirmation of the president or treasurer of said company.

be made to

SECTION 24. If the said company shall at any time misuse Reservation or abuse any of the privileges hereby granted, the Legislature of right to may resume all and singular the rights and privileges hereby revoke chart'r granted to the said corporation.

SECTION 25. When a good and sufficient rail-road shall be When completed, agreeably to the provisions of this act, the property

completed,

Commonw'h

of the said road shall be vested in the said president, directors rail r. vested and company and their successors for and during the term of in comp. and twenty years, to commence from the time when the said road successors for shall be completed, and until such time as the Commonwealth term of 20 ys. shall purchase the said road, and after the expiration of twenty years, as aforesaid, it shall be lawful for the Commonwealth to Right of purchase the said rail-road, and the company shall be obliged to to purchase. take such sum of money therefor as shall have been expended by them in the construction of the said road and its appurtenances, or in the payment of damages for and on account of such construction, together with interest on the said sum at six per cent. per annum, if the nett proceeds of the tolls on the said road shall not amount to such interest, and if such nett proceeds shall not Of tolls. amount to six per cent. on such sum, then in addition to the same so much as will make the same equal to six per cent., and

Right of

Lorberry crk.

rail road co. to increase tolls..

Proviso.

that the tolls shall not at any time be reduced below the tolls upon the Philadelphia and Columbia rail-road.

SECTION 26. The president and managers of the Lorberry creek rail-road company, in Schuylkill county, are hereby authorized and empowered, if the interest of said company require it, to raise the toll from one and a half to two and one half cents per ton per mile on a ton of stone coal: Provided however, That whenever the nett profits of said company shall exceed twelve per centum per annum on the capital stock paid in, then to reduce the toll within the aforesaid limits: And provided further, That the said company shall not be permitted to increase the toll as aforesaid, until they shall have completely ironed the tracks on said rail-road.

JAMES THOMPSON,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The fifteenth day of April, Anno Domini, eigh teen hundred and thirty-five.

GEO: WOLF.

No. 167.

An Act

For the relief of Robert Dunn.

SECTION 1. 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, That the State Treasurer is hereby authorized and required to pay to Robert Dunn, of Franklin county, or order a gratuity of forty dollars.

JAMES THOMPSON,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The fifteenth day of April, Anno Domini, eigh

teen hundred and thirty five.

GEO: WOLF.

No. 168.

An Act

To authorize William Webb, guardian of the minor children of William R. Walker, deceased, and Catharine Walker, to sell and convey certain real estate.

SECTION 1. 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, That Catharine Walker, widow of Jesse Walker, late of Tedy firen township, in the county of Chester, deceased, and William Webb, guardian of the minor children of William R. Walker, deceased, are hereby authorized to sell and convey, in fee simple, all that dwelling house, barn and mill or mills at Lackawaxen Falls, in Pike county, with ten acres, part of the tract originally granted to William Halbert, and the Thomas Griffith tract which lays on both sides of the Lackawaxen creek, in said county, being number two in the Marshalls' deed to Thomas Cadwalader, originally granted to Mordecai Roberts for four hundred and thirty-nine acres and eighty perches, thence from the upper corner of said tract to the northwest corner of the tract granted to George Martin, along the line of said tract to the northeast corner, thence along the last end of said tract and that line continued until it strikes the Griffith tract; but before any such sale be made the said Catharine Walker, and the said William R. Walker, guardian as aforesaid, shall give security, to be approved by the Orphans' court of Pike county, for the faithful app.ication of the proceeds of the sale of said lands according to the provisions of the will of Joseph Walker, deceased, and a decree of the said Orphans' court to be for that purpose made.

JAMES THOMPSON,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED The fifteenth day of April, Anno Domini, eigh

teen hundred and thirty-five..

GEO:. WOLF.

No. 169.

An Act

Supplementary to an act, entitled An act to prevent the disturbance of meetings held for the purpose of religious worship, passed the second day of April, one thousand eight hundred and twenty-two.

SECTION 1. Be it enacted by the Senate and House of Re presentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That if any person or persons convicted under the sixth section of the act to which this is a supplement, shall refuse or neglect to satisfy the fine imposed on him, her or them, and goods and chattels cannot be found whereof to levy the same, the said person or persons so convicted shall be committed to the jail of the proper county for a term not exceeding five days.

JAMES THOMPSON,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The fifteenth day of April, eighteen hundred

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company.

No. 170.

Supplement

To an act entitled A supplement to the act to incorporate le Beaver
Meadow Rail Road and Coal Company.

SECTION 1. Be it enacted by the Senate and I was of Represe tatives of the Commonwealth of Pennsilvania in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be lawful for the Beaver Meadow rail road and coal company to locate and construct their rail road from immediately above Mauch Chunk, or from a point opposite to the landing of the Room Run rail road, down the valley of the Lehigh, to such points or places as they are now authorized to extend the said road to, by the act to which this is a supplement, and for that purpose shall have power by their engineers, agents and workmen, to enter upon the lands or tenements of the Lehigh Coal and Navigation company, or of other persons, and

occupy so much thereof as may be necessary and suitable for: the said rail road, doing as little damage as possible, first satisfying the owners of such lands, lots or tenements for the same, if the parties can agree, but if they cannot agree upon the compensation to be made to the said owners, then either of the said parties may apply to the court of Common Pleas of the proper county where the land lies, and said court shall award a venire directed to the sheriff to summon a jury of disinterested men, who shall ascertain and report to said court what damages, if any, have been sustained by the said owner, by reason of the construction of said rail road upon their lands, which report being confirmed by the court, judgment shall be entered and execution may issue in case of non-payment for the sum awarded, with costs; and it shall be the duty of the said jury to take into consideration the advantage derived to the said owner, from the said rail road: Provided, That either party may appeal to the Proviso. court within thirty days after such report may have been filed in the prothonotary's office of the proper county, in the same manner as appeals are allowed in other cases: Provided fur- 2d Proviso. ther, That the said rail road shall not injure or obstruct the navigation of the Lehigh canal, nor approach within twelve feet of the inner edge of the bank of the same, or the balance beams of the locks when of ordinary and suitable lengths or other existing fixtures of said canal on the tow path side, nor within seven feet of the same on the berm side except when it may be necessary to cross the said canal with bridgeways, which shall be of the same or greater height from the surface of the water in said canal as those constructed over said canal by the Lehigh Coal and Navigation company; and shall be lawful for the Beaver Meadow rail road and coal company, to construct one or more basins on the berm side of the Lehigh canal or slack wa ter upon such ground as the said company may own or obtain the use of for that purpose, from the owners thereof; and that so much of the above described act or acts as is altered or sup plied by this act, he and the saine is hereby repealed: Provided 30 Proviso. further, That it shall be the duty of the Beaver Meadow company to erect screens of timber or other materials between their rail road, and the tow-path at such places as the rail road shall be located within twenty feet of the canal or slack water navigation on the tow-path side.

JAMES THOMPSON,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The fifteenth day of April, Anno Domini, eigh

teen hundred and thirty-five..

GEO: WOLF.

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