Page images
PDF
EPUB

and Hammonds creek to the New York state line, at or near the store of Miles Covel, on Seely's creek, and the said company shall have like powers, authorities and privileges necessary for constructing, carrying on and completing the Placed on said turnpike road, and be subject to all the duties, qualifi- same footing cations, restrictions, penalties, fines and forfeitures, and be with Cochec entitled to like tolls and profits in proportion to the distance, Bend comp'y. as are given and granted to the president, managers and company of the Cochecton and Great Bend turnpike road, in and by an act of Assembly passed the twenty-ninth day of March, eighteen hundred and four.

SEOT. 5. And be it further enacted by the authority afore

ton and Great

said, That if the said company shall not commence the work Work to com on said road within five years after passing this act, or shall mence in 5 not, within ten years thereafter complete the same according years and be to the true intent and meaning of this act, then the privi completed in leges and franchises hereby granted shall revert to the commonwealth.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

JESSE R. BURDEN,

Speaker of the Senate.

APPROVED-The twenty-third day of January, A. D. one thousand eight hundred and thirty-three.

10.

GEO. WOLF.

No. 11.

AN ACT

To enable the Governor to incorporate a company for making a turnpike road from Coudersport, in the county of Potter, to the New York state line, in the direction of Olean Point.

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 George Vaux, Timothy Ives, junior, Francis R. CommissionWharton, Dennis Hall, John Keating and John King be and ers named to they are hereby appointed commissioners to do and perform carry into ef the several things hereinafter mentioned, that is to say, they fect organizashall, on or before the first day of December next, procure two or more books, and enter in each of them as follows:

tion of comp.

Form of

shares 750.

Proviso.

"We whose names are hereunto subscribed, promise to pay heading to to the president, managers and company of the Potter and subscription. M'Kean turnpike road the sum of twenty dollars for every Shares $20 share of said stock set opposite to our respective names, in each. such manner and proportions and at such times and places 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 a turnpike road from Coudersport, in the county of Potter, to the New York state line, in the direction of Olean Point;" and shall thereupon give notice in two of the public papers printed at Philadelphia, and in the public paper printed at Smethsport in the county of M'Kean, four weeks at least of the times and places when and where the said books shall be opened to receive subscriptions for the stock of the said company, at which respective times and places some two of the said commisioners shall attend, and permit and suffer all persons of lawful age who shall offer to subscribe in said books in their own name or names, or in the name or names of any other person or persons who shall duly authorize the same, for any number of shares in the said stock, and the said books may Whole No. of be kept open respectively for the purpose aforesaid until the said books shall have seven hundred and fifty shares of stock subscribed therein: Provided always, That every person offering to subscribe in the said books in his own name or in the name of any other person, shall previously pay to the attending commissioners the sum of two dollars for every share to be subscribed, out of which shall be defrayed the expenses attending the taking such subscriptions, and other incidental charges, and the remainder shall be paid over to the treasurer of the corporation as soon as the same shall be organized, and the officers chosen as hereinafter mentioned: And provided also, That in no case shall the neglect or refusal of any person or persons, subscribers to the stock of the said corporation in his own or any other name, to pay to the attending commissioner or commissioners the said sum of two dollars for every share so subscribed, be construed to exonerate the person or persons subscribing in manner aforesaid from the payment of the amount due on the share or shares which he or they respectively may have subscribed. SECT. 2. And be it further enacted by the authority aforeUpon sub- said, That when ten or more persons shall have subscribed scription of two hundred and fifty shares of said stock, the commission250 shares by ers aforesaid, or a majority of them, shall certify to the Governor under their hands and seals, the names of the subscribers and the number of shares subscribed by each, and upon which the said payment of two dollars per share shall have been paid, and thereupon it shall and may be lawful for the Governor, by letters patent under his hand and the

$2 to be paid down upon cach share.

2d proviso. Neglect to pay first

payment not to exonerate subscribers.

10 persons,

letters patent

may issue.

Corporate

style.

15

seal of the state, to create and erect the subscribers, and if the said subscriptions 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 and title of the president and managers of the Potter and M'Kean turnpike road company," and by the said name the subscribers shall have perpetual succession, and all the privileges and franchises incident to a corpora tion, 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, if Privileges, such enlargements shall be found necessary to fulfil the in- liabilities, &c. tent of this act, and of purchasing, taking and holding to them and their successors, and of selling, transferring and conveying, in fee simple or for any lesser estate, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary to them in the prosecution of their work, and of suing and being sued, and doing all and every other matter and thing which a corporation or body politic may lawfully do: Provided, That nothing contained Proviso. in this act shall be construed to authorize the said corpora- Company ticn to issue notes in the nature of bank notes, or to endorse precluded notes in their corporate capacity, or to make discounts, or from exercise to receive deposits after the manner of any bank or banks, of banking and in case the said company shall at any time violate the privileges. provisions of this section, all and every their chartered privileges shall cease and determine.

SECT. 3. And be it further enacted by the authority afore

said, That the commissioners aforesaid, as soon as conve- Mode of orniently may be after the said letters patent shall be obtained, ganizing corshall give notice in two of the public papers printed in the poration. city of Philadelphia, and in the public paper printed at Smethsport, in the county of M'Kean, of a time and place by them to be appointed, not less than thirty days from the publication of the first notice, at which time and place the subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes of the said subscri bers, by ballot, to be delivered in person or by proxy duly authorized, one president, four managers, one treasurer, and President, 4 such other officers as they shall think necessary to conduct managers, the business of the said company for one year, and until such other officers shall be chosen, and the said managers so cho sen, and their successors, shall and may make by laws, rules, orders and regulations not inconsistent with the constitution and laws of this state or of the United States, as Duties of ofshall be necessary for the well ordering the affairs of the said ficers. company, and to procure for said company a common seal, and the same to break, alter or renew as often as the said company shall think proper: Provided, That no person shall Proviso. have more than ten votes in his own right at any election for

treasurer, &c.

Each share to officers, or for determining any question which may arise at be entitled to any meeting of the said company, whatever number of shares

one vote up to 10.

Potter co. authorized to take 400

shares of stock.

sures, &c.

he or she may be entitled to, and that each person shall be entitled to one vote either delivered in person or by proxy, for every share by him or her held not exceeding that number. SECT. 4. And be it further enacted by the authority aforesaid, That the commissioners of Potter county be and they are hereby authorized to subscribe for so much of the stock of the Potter and M'Kean turnpike company as they may deem expedient, which stock so subscribed shall be the exclusive property of the said county: Provided, That the amount of the said subscription shall not exceed four hundred shares of twenty dollars each.

SEGT. 5. And be it further enacted by the authority aforesaid, That it shall be lawful to and for the said president and managers, their superintendents, surveyors, upon enclo artists and chain bearers, to enter in and upon all and every the lands, tenements and enclosures, in, through and over which the said turnpike road may be thought proper to pass, and examine the ground most proper for the purpose, as well as the materials in the vicinity that may be necessary in making and constructing the said turnpike road, and to survey, lay down, ascertain, mark and fix such route or track for the said road as in the best of their skill and judgment will combine shortness of distance with the best and most practicable ground, from Coudersport in Potter county, to intersect the New York state line, at or near the point at which the Coudersport and Olean Point road crosses it, between the one hundred and fifty-first and one hundred and fifty-second milestones on the state line, and generally they shall have like To have same powers, authorities and privileges necessary for carrying on general pow- and completing the said turnpike road, and be subject to all ers as Lyco- the duties, qualifications, restrictions, penalties, fines and for

Location.

ming and

feitures, and be entitled to like tolls and profits in proportion Potter comp. to the distance, as are given and granted to the president, managers and company of the Lycoming and Potter turnpike road company, in and by an act of Assembly passed the twentieth day of February, one thousand eight hundred and sixteen.

SECT. 6. And be it further enacted by the authority aforeFour to com- said, That if the said company shall not commence the mence and 7 work on said road within four years after the passage of this years to com- act, or shall not within seven years thereafter, complete the same according to the true intent and meaning of this act, then the privileges and franchises hereby granted, shall revert to the commonwealth.

plete work.

SAM'L. ANDERSON,

Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. APPROVED-The twenty-eighth day of January, A. D. one thousand eight hundred and thirty-three. GEO. WOLF.

No. 12.

A FURTHER SUPPLEMENT

To an act entitled "An act authorizing the Governor to incorporate the Mill creek and Mine Hill navigation and rail-road company," passed the seventh day of February, A. D. one thousand eight hundred and twenty-eight.

established.

SECT 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General As sembly met, and it is hereby enacted by the authority of the same, That the Mill creek and Mine Hill navigation and Rates of toll rail road company, from and after the passing of this act, changed and may in lieu of the tolls the said company are authorized to charge and receive by the act incorporating the said company, passed the seventh day of February, A. D. eighteen hundred and twenty eight, levy and receive tolls on all goods, wares, and merchandise and commodities of whatsoever kind, passing over the said rail road, or persons travelling on the same, at the following rates, that is to sav: on each ton of produce, coal or other minerals, or of any other goods, wares and merchandise or commodities of what kind soever, not exceeding two and a half cents per ton per mile; on each horse not employed in drawing a car or carriage on which toll is charged, one cent per mile; on each horse and its rider, not exceeding one cent per mile; on each person drawn in a car or carriage other than the rider, not exceeding one cent per mile; all fractions not less than half a ton to be consid ered a ton, and if less than half a ton to be rated at that weight, all fractions of half a mile in distance to be rated at half a mile; and besides the tolls so to be charged, it shall be lawful for the said company to demand and receive, for the use of the collector of tolls on the said road for the time being, and as a compensation for weighing and booking all Allowance coal or other minerals which may pass over the said road, the for weighing, further sum of not exceeding one cent per ton on said coal &c. or other minerals so transported on the said road, in consideration of which, he shall at all reasonable times, when so requested, exhibit to any person or persons interested therein, the accounts of the said coal or other minerals so transported as aforesaid, and deliver to him or them a certified copy thereof without other fee or reward, and that the company empty cars shall not be authorized to charge any toll on empty coal cars returning. returning from the landings to the mines: Provided, That Proviso. the whole of said rail-road shall be completed, with double Road to be completed track, within two years from and after the passage of this with double act, in conformity to the eighth and ninth sections of the act track within, to which this is a further supplement. two years

No toll upon

« PreviousContinue »