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Work to commence within two and conipleted within five years.

Penalty for

ing the bridge,

or wilfully ob

and all other contingent costs and charges, to the end that the clear annual income and profits thereof may be ascertained.

SECT. XIV. And be it further enacted by the authority aforesaid, That if the said company shall not proceed to carry on the said work within the space of two years after they have been incorporated, or shall not within the space of five years from the passing of this act complete the said bridge, it shall and may be lawful for the legislature of this commonwealth to resume all and singular the rights, liberties and privileges, hereby granted to the said company.

SECT. XV. And be it further enacted by the authority aforesaid, wantonly injur- That if any person or persons shall wilfully pull down, break or destroy, with intent to injure any part or parts of the said bridge, or any toll-house, gates, bars, or other property of the said corporation appurtenant to or erected for the use and convenience of said bridge, or the person employed in conducting the business thereof, or shall wilfully and without the consent and orders of said corporation, or any person or persons authorized by them, deface or destroy the letters or figures or other characters in any written or printed list of the rates or tolls, affixed in any place or places for the information of passengers, and others, or who shall wilfully and maliciously obstruct or imstructing the pas- pede the passage on or over the said bridge, or any part or parts thereof, he, she or they, so offending shall each of them forfeit and pay for every such offence, to said corporation, the sum of twenty dollars, to be sued for and recovered on conviction before any justice of the peace as debts of like amount are recoverable; but no suit shall be brought unless commenced within thirty days after such offence shall have been committed, and he, she or they so offending shall remain liable to actions at the suit of said corporation for such wrongs if the said sum or sums herein mentioned be not sufficient to repair and satisfy said damages; Provided always, That the suit last herein mentioned shall not be brought unless within thirty days after such conviction had before any justice of the peace as aforesaid.

sage.

How penalties recoverable.

Time of commencing suit limited.

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.

CHAPTER XCI.

An ACT to authorize the governor of this commonwealth to incorporate a company for erecting a permanent bridge over the river Susquehanna, at or near M'Call's ferry in the county of Lancaster.

open bks of

of June, next.

of subscribing.

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 Jonas Preston commissioners of the county of Delaware, Isaac Darlington, Jesse John, Abra- appointed to ham Bailey, Moses Marshall, James Steel, and John G. Parke, subscription. of the county of Chester; Edward Brien, and Hugh M'Cullough, of the county of Lancaster; and Archibald S. Jordan, and Moses Rankin, of the county of York, or any six of them, be, and they are hereby appointed commissioners to do and perform the several duties herein after mentioned, that is to say, they shall on or before the first day of June next, procure one To be opened on or more books as they shall think necessary, and therein enter or before the 1st as follows; to wit, "We whose names are hereunto subscribed do promise to pay to the president, directors and company for erecting a bridge over the Susquehanna, at or near McCall's ferry, the sum of five dollars at the time of subscribing for every 5 dollars to be share of stock in the said company set opposite to our respective paid at the time names and the residue thereof at the rate of one hundred dol- Price of shares lars for each share, in such manner and proportions and at such 100 dollars each, times as shall be determined by the president and directors, chosen in pursuance of an act of the general assembly, entitled, "An act to authorize the governor of this commonwealth to incorporate a company for erecting a permanent bridge over the river Susquehanna at or near McCall's ferry," in the county of Lancaster. Witness our hands this day of in the year of our Lord one thousand eight hundred and eleven; and shall thereupon proceed to receive subscriptions for the stock of the said company, which is hereby declared to be the sum of one hundred thousand dollars divided into one thousand stock to be dishares of one hundred dollars each, at such times and places as hundred shares. they shall think proper, of which public notice shall be given in Notice to be givfour or more newspapers, one printed in the city of Philadel- and place of phia, one at West-Chester, one in Lancaster, and one in York; opening books. and it shall be lawful for any person, body politic or corporate, who may subto subscribe for as many shares not exceeding one hundred and scribe, &c. twenty in one day as he, she or they shall choose; Provided al- Proviso. ways, That every person offering to subscribe as aforesaid in his own name, shall previously pay to the attending commissioners five dollars for every share to be subscribed, out of which shall be defrayed the expenses attending taking such subscription and other incidental expenses, and the remainder shall be paid over to the treasurer of the corporation as soon as the same shall

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vided into one

en of the time

One hundred shares to be reserved for a spe cial purpose.

When two hundred shares are subscribed the company to be incorporated.

organized, and the officers chosen as is herein after mentioned; but the said commissioners shall reserve one hundred shares, which shall be appropriated by the president and directors, and used, if the same be found requisite, for the purpose herein after mentioned, of vesting therein the monies to be applied for a sinking fund to free the bridge, and to enable the president, directors and company to purchase therewith, if the same can be done, a site or place for erecting the bridge, such of the said reserved shares as are not used for these purposes to be open for further subscription or sale as the president and directors shall, according to circumstances, deem proper.

SECT. II. And be it further enacted by the authority aforesaid, That when there shall have been subscribed two hundred shares in the said stock, the said commissioners respectively shall certify under their hands and seals the names of the subscribers and the number of shares subscribed by or appropriated to each subscriber, to the governor of this commonwealth; and thereupon it shall and may be lawful for the governor, by letters patent under his hand and seal of the state, to create and erect the subscribers, and if the said subscription be not full at the time, those also who shall afterwards subscribe to the number aforesaid, into one body politic and corporate, in deed and in Style of the cor- law, by the name, style and title of "The president, directors and company for erecting a permanent bridge over the river Susquehanna, at or near McCall's ferry," and by the said name the said subscribers shall have perpetual succession, and all priTheir privileges vileges and franchises incident to a corporation; and shall be and franchises. capable of taking and holding their said capital stock and the in

poration.

Five persons first named in the letters patent to give notice of

the time and

izing the compa

crease 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 taking, purchasing, and holding to them and their successors in fee-simple, or for any less estate, all such lands, tenements, hereditaments and estate, real and personal, as shall be necessary and convenient to them in the prosecution of their work, and the same to sell and dispose of at their pleasure; and of suing and being sued; and of doing all and every other matter and thing which a corporation or body politic may or can lawfully do.

SECT. III. And be it further enacted by the authority aforesaid, That the five persons first named in the letters patent shall as soon as conveniently may be, after sealing the same, give place of organ- notice in four or more public newspapers as prescribed in the first section of this act, of a time and place by them to be appointed not less than thirty days from the time of issuing 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 he

ny.

to be chosen and

make by-laws

delivered in person or by proxy duly authorized, one presi- What officers are lent, eight directors, a treasurer, and such other officers as how. they shall think necessary to conduct the business of the said company for one year; and until other officers shall be chosen, and may make such by-laws, rules, orders and regulations, Authorized to not inconsistent with the laws of the United States, or of this under certain re State, as shall be necessary for the well ordering the affairs strictions. of the said company; Provided always, That no person shall Proviso have more than ten votes at any election or in determining ny question arising at any meetings, whatever number of shares he or she may have or be entitled to, and that each person shall be entitled to one vote for every share by him or er held under the said number.

SECT. IV. And be it further enacted by the authority aforesaid, That the said stockholders shall meet on the first Monday in May in every succeeding year at such place as shall be fixed by the rules and orders of the said company, to be made as aforesaid, for the purpose of choosing such officers as afore said for the ensuing year.

First meeting first Monday in May; times of after to be dicompany.

to be held on the

meeting there rected by the

Form of certifi

cates of stock

and how trans

SECT. V. And be it further enacted by the authority aforesaid, That the president and directors first to be chosen as aforesaid, shall procure certificates to be written or printed, for all shares of stock of the said company, and shall deliver one such certificate, signed by the president and countersigned by the treasurer, and sealed with the seal of the corporation, o each person for every share by him or her subscribed or held, upon payment to the treasurer in part of the sum due thereon, the sum of five dollars for each share, which certifiate shall be transferable at such person's pleasure, in person erable. or by attorney, in presence of the president or treasurer, subect however to the payments due and that may grow due thereupon; and the assignee holding any certificate having first caused the assignment to be entered in a book of the Company to be kept for that purpose, shall be a member of the corporation and for every certificate so held shall be entitled to one share of the capital stock and of all the estates and emoluments of the company, and to vote as aforesaid at the meetings thereof.

appoint five com

upon a site for

SECT. VI. And be it further enacted by the authority aforesaid, Stockholders to That the said president and directors on their being chosen missioners to fix in the first instance, shall call a meeting of the stockholders, the bridge, &c. and that meeting may appoint five of their number to examine and report the most eligible place or places for building the bridge, and to treat with any body or bodies politic or rporate or individuals, for the purchase of their respective rights, or any of them, to the place or places deemed eligible; and when the said place or places and terms on which it or they can be purchased, are so reported, the said stockholders or a majority of those met may fix on the place and terms or may

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Five members to form a quorum.

their proceed

ings.

engineers, &c.

and fix wages

at any
time agree to leave the determination both on place
and terms to the president and directors.

SECT. VII. And be it further enacted by the authority aforesaid, That the said president and directors shall meet at such times and places, and be convened in such manner as shall be agreed on for transacting their business, at such meetings five members shall be a quorum who, in the absence of the preKeep a record of sident, may choose a chairman, and shall keep minutes of all their transactions fairly entered in a book; and shall have full Power to appoint power and authority to agree with and appoint such engineers, superintendants, and artists, and other officers as they shall and salaries, &c. think necessary to carry on the said bridge, and to fix their salaries and other wages; to ascertain the times, manner and proportions, in which the stockholders shall pay the money due on their respective shares, in order to carry on their work; to draw orders on the treasury for all monies, to pay the salaries or wages of persons by them employed, and for the materials and labour done and provided, which shall be signed by the president or in his absence by a majority of a quorum; and to do and transact all other such acts, matters and things, as by the by-laws, orders and regulations, of the company shall be committed to them; and the said president, directors and company, shall, within the space of ten years, Its construction, erect or cause to be erected, in a permanent and workmanlike manner, a good substantial bridge, of wood, iron, or such other materials as to them shall seem adequate and proper, over the said river Susquehanna at the place fixed on as herein mentioned, the said bridge to consist of one or more arch or arches, with stone abutments, and one or more pier or peirs, if necessary, to be at least fifteen feet wide.

Bridge to be erected within ten years.

Penalty on stockholders neglect

ing to make pay

ment at the time prescribed.

SECT. VIII. And be it further enacted by the authority aforesaid, That if any stockholder after thirty days notice in four public newspapers printed at the places mentioned in the first section of this act, of the time and place appointed for the payment of any portion or dividend of the said capital stock, shall neglect to pay such proportion at the time so appointed, and for the space of forty days thereafter, every such stockholder or his assignee shall, in addition to the dividend so called, pay at the rate of five per centum per month for every delay of such payment, after the expiration of the said forty days; and if the same and the said additional penalties shall the shares may remain unpaid for such space of time that the accumulated

In what cases

be forfeited.

President and directors to keep

penalties shall become equal to the sums before paid on account of such shares, the same shall be forfeited to the company aforesaid, and may and shall be sold by them to any other person or persons willing to purchase for the best price that can be obtained therefor.

SECT. IX. And be it further enacted by the authority aforefair accounts, &c. said, That the president and directors of the said company

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