Commissioners nominated to open books of subscription. CHAPTER LXXXVIII. An ACT to enable the governor to incorporate a company for making an artificial road from the Portage branch of the Allegheny river at Smethport, by the way of Instanter and Rich Valley to the Portage branch of the river Sinnemahoning, in the county of M'Kean. SECT. I. BE it enacted by the Senate and House of Represen tatives of the commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That Charles W. Hare, Benjamin B. Cooper, John Keating, James Allen, Thomas M'Clintock, William Vicry, John Hays and William Wilson, be, and they are hereby appointed commissioners to do and perform the several things herein after mentioned, that is to say, they shall on or before the first day of January next procure two books and in each of them enter as follows, "We whose names are hereunto subscribed do promise to pay to the president, managers and company of the Allegheny Shares 50 dollars, and Susquehanna turnpike road, the sum of fifty dollars for every share of stock in said company set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers of the said company, in pursuance of an act of the general assembly of this commonwealth, entitled, "An act to enable the governor to incorporate a company for making an artificial road from the Portage branch of the river Allegheny at Smethport, by the way of Instanter and Rich Valley, to the Portage branch of the river Sinnemahoning in the county of McKean," and shall thereupon give notice in two of the public newspapers, one in the town of Northumberland, and one in the city of Philadelphia, for one calendar month at least, of the times and places when Notice to be giv, and where the said books shall be kept open to receive subscriptions for the stock of the said company, at which respective times and places some one or more of the said commissioners shall attend, and permit, and suffer all persons of lawful age who shall offer to subscribe in the said books in their own name or in the names of any other persons who shall duly authorize the same, for any number of shares in the said stock, and the said books shall be kept open respectively for the purHow long books pose aforesaid, at least six hours in every juridical day for the space of six days, or until the said books shall have four hundred shares therein subscribed, and if at the expiration of the said six days the books aforesaid shall not have the number of shares aforesaid therein subscribed, the said commissioner or commisPower to adjourn sioners may adjourn from time to time and transfer the said en of the time and place of open ing the books. are to be kept open. and transfer books. books elsewhere until the whole number of shares shall be subscribed, of which adjournments and transfer the commissioners aforesaid shall give such public notice as the occasion may re quire, and when the whole number of shares subscribed in all or more having shares, the com pany to be incor their powers and SECT. 11. And be it further enacted by the authority aforesaid, Twenty persons That when twenty persons or more shall have subscribed one subscribed 100 hundred shares of the stock, the commissioners shall certify under their hands and seals, the names of the subscribers and porated. the number of shares subscribed by each, to the governor of this commonwealth, and thereupon it shall and may be lawful for the governor by letters patent under his hand and the seal of the state, to create and erect the subscribers, and if the said subscription be not full at the time, then also those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate in deed, and in law, by the name, style Style of the and title of, "The president, managers and company of the Al- corporation, legheny and Susquehanna turnpike road," and by the said name privileges. the subscribers shall have perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of taking and holding their said capital stock and the increase and profits thereof and of enlarging the same from time to time by new subscriptions in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent of this act, and of purchasing, taking and holding to them and their successors and assigns, and of selling, transferring and conveying in fee simple, or for any less estate, all such lands, tenements, hereditaments and estates, real and personal as shall be necessary to them in the prosecution of their works, and of suing and being sued, and of doing all and every matter and thing which a corporation or body politic may lawfully do. en of the time company. SECT. III. And be it further enacted by the authority aforesaid, Notice to be giv That the commissioners aforesaid or a majority of them, as soon and place for as conveniently may be after the said letters patent shall be organizing the sealed and obtained, shall give notice in two of the public newspapers, one in the town of Northumberland, and one in the city of Philadelphia, of a time and place by them to be appointed, not less than twenty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes of the said subscribers by ballot, to be delivered in per to be chosen and by-laws &c. What officers are son or by proxy duly authorized, one president and five manain what manner. gers, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company for one year, and until such other officers shall be chosen, and shall and Power to make may make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of the United States, or of this commonwealth, as shall be necessary for the well ordering the affairs of the said company, and generally have like powers, authorities and privileges necessary for carrying on and completing the said turnpike road, and be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, By what rule the and be entitled to like tolls and profits in proportion to the distance as are given and granted to, "The president, managers and company of the Susquehanna and Lehigh turnpike road," passed the nineteenth day of March, one thousand eight hundred and four; Provided, That if the company shall not proceed to carry on the said work in three years after the passing of this act, or shall not within ten years afterwards complete the said road according to the true intent and meaning of this act, then in either of these cases, all and singular the rights, liberties and franchises hereby granted to the said company shall revert to this commonwealth. tolls to be regulated. Proviso. JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the twenty-eighth day of March, one thousand eight hundred and eleven. 'SIMON SNYDER. Governor to appoint commis CHAPTER LXXXIX. A SUPPLEMENT to an act entitled, "An act to authorize the governor to appoint commissioners for the purpose of laying out a road, beginning at or near Kelso's ferry in Cumberland county, through York and Adams counties, to the Maryland line, in a direction to the city of Washington." 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 governor be, and he is hereby authorized to appoint three commissioners to review and lay out a road, beginning at the state road leading from Harrisburgh to Carlisle at or near Kelso's ferry in Cumberland county, by the nearest and Maryland line, best route to or near Eichelberger's tavern, in York county, through Gettysburgh in Adams county, to the Maryland line in a direction to the city of Washington; and the commissioners sioners to review and lay out a road from Kelso's ferry to the &c. they shall pro road to be de sions in the pro shall proceed to perform the said service at such time or times To direct when as the governor shall direct; and they shall deposit a copy of ceed. said draft in the office of the clerk of the court of quarter ses- Draft of the sions in each county through which said road shall pass, to- posited with the gether with the width of said road, and the clerk shall enter the clerk of the sessame on the records respectively which shall be a record of said per counties." road and shall from thenceforth be a public highway to all intents and purposes, and shall be kept in repair as roads laid out Road to be kept in repair in the by the courts of quarter sessions are in the counties aforesaid; usual manner. and that the road heretofore laid out by the commissioners in pursuance of the act to which this is a supplement be vacated and every part thereof be null and void; and the said commissioners and those employed by them for the purpose aforesaid, shall have and receive for their service the same compensation as is allowed by the second section of the act to which this is a supplement, and be paid in manner as is therein directed. JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the twenty-eighth day of March, one thousand eight hundred and eleven. SIMON SNYDER. CHAPTER XC. An ACT to authorize and direct the governor to incorporate a open books of SECT. 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 Commissioners Samuel Richards, Philip Wager, John Britton, jun. Cadwallader appointed to Evans, and Abraham Sheridan, be and they are hereby ap- subscription. pointed commissioners to do and perform the several duties hereinafter mentioned, that is to say, they shall on or before the first day of June next, procure a book or books, and therein enter as follows, "We whose names are hereunto subscribed, do promise to pay to the treasurer of the company for erecting a permanent bridge over the river Schuylkill as aforesaid, for the use of the said company, the sum of fifty dollars for each Shares 50 dollars share of stock set opposite to our respective names by us subscribed, in such manner and proportion, and at such times as shall be determined on by the president and managers of said company, in pursuance of an act of the general assembly, en each, titled, "An act to authorize and direct the governor to incor- and " and shall thereupon give notice in three newspapers printed at Philadelphia, one whereof shall be in the German language, for one calendar month at least, of the times and time and place of places when and where the said book or books shall be opened Notice to be given of the opening the books. to receive subscriptions for the stock of said company, at which respective times and places some one of the said commissioners shall attend respectively, and shall open said book or books at least six hours in every day for three juridical days, if so many Who may sub- shall be necessary, and allow any person of the age of twenty scribe. Power to ad fer books. ed. one years to subscribe therein, in his own name or in the name or names of any person or persons by whom he shall be authorized so to do, on the first of said days within the hours aforesaid, for one share; on the second day for one or two shares; on the third, for one two or three shares, and on any succeeding day while the said book or books shall remain open, for any number of shares in the said stock, and if at the expiration of the said three first days the said book or books opened as aforesaid shall not have eight hundred shares subscribed therein, the said commissioners may adjourn to such times and places as they shall journ and trans- think necessary, of which adjournment public notice shall be given, and when the subscriptions shall amount to eight hunWhen to be clos- dred shares as aforesaid, the same shall be closed, and if before said subscription shall be declared to be full, application shall be made to subscribe more shares than will fill said book or books, How shares to then the said commissioners shall apportion the whole number be apportioned of shares among all those who shall have subscribed or offer to subscribe as aforesaid, on that day, by deducting from the subscribers if more shares than one, such proportion of shares by them respectively subscribed as will leave every person one or more shares; Provided always, That every person offering to subscribe in the said book or books in his own name or in that of any other person shall previously thereto pay to the attending commissioner or commissioners, five dollars for every share so share at subscrib- to be subscribed, out of which monies shall be defrayed the expenses attending the taking of such subscription and other incidental charges, and the remainder shall be paid over by the said commissioners to the treasurer of the corporation as soon as the same shall be organized and the officers thereof chosen as is hereinafter directed. in cases. Proviso. 5 dollars to be paid on each ing. Company to be incorporated, when all the shares are sub. scribed. SECT. II. And be it further enacted by the authority aforesaid, That the said commissioners, when the whole number of shares shall have been subscribed, shall certify under their hands and |