Page images
PDF
EPUB

2d proviso.

said rail road, the person owning or possessing land through which said public road shall pass, shall not be entitled to require the company to erect and keep in repair, any causeway or bridge, for the accommodation of the occupant of said land: Provided further, That in the event of any private Rel. to public bridge or causeway being converted to public use, so as to be roads using made to accommodate a public road laid out subsequently to private causethe passage of this act, that in such case the company shall ways. be forever hereafter exonerated from the duty of keeping the said bridge or cause way in repair.

Actions for

penalties

must be com

SECT. 16. And be it further enacted by the authority aforesaid, That no suit or action shall be prosecuted by any person or persons, for any penalties incurred under this act, unless such suit or action shall be commenced within twelve months next after the offence committed, or the cause of ac- menced withtion accrued; and the defendants, in any such suit or action, in 12 months may plead the general issue, and give this act and the special from date of matter in evidence, and that the same was done in pursuance and by authority of this act.

offence.

SECT. 17. And be it further enacted by the authority aforesaid, That in all suits or actions brought against the said Process may company, the service of process on any manager, toll gathe. be served rer, or other officer of the company, shall be as good and upon any vailable in law, as if made on the president thereof.

agent.

SECT. 18. And be it further enacted by the authority aforesaid, That if any person or persons shall wilfully and know- Persons ingly break, injure, or destroy the rail road hereby authori- doing wiltul zed, or any part thereof, or any work, edifice or device, injury to or any part thereof, to be erected by the said company property of co. liable for in pursuance of this act, he, she or they, shall forfeit and pay three times to the said company three times the actual damages so sus the damages. tained, to be sued for and recovered, with full costs, before any tribunal having cognizance thereof, by action, in the name and for the use of the said company.

road declared

SECT. 19. And be it further enacted by the authority aforesaid, That if any person or persons shall, wilfully or mali. Wilfully obciously remove or destroy any of the company's construc- structing tions, or place designedly and with evil intent, any obstruc- a misdemeantion on the line of the rail road, so as to jeopard the safety or. and endanger the lives of persons travelling the same, such person or persons so offending shall be deemed to be guilty of a misdemeanor, and shall be adjudged on conviction to be imprisoned in the eastern penitentiary of Pennsylvania, for a term not more than two years: Frovided, That nothing herein Proviso. contained shall prevent the company from pursuing any other appropriate remedy at law in such cases.

SECT. 20. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the president and managers, from time to time, to ordain and establish rules and regulations, for the due ordering of all travelling and

Prest. & ma- transportation on the said road, and for its preservation, with nagers to re- power to alter, repeal, enlarge or amend the said rules and gulate travel regulations, as they may deem expedient: And that they ling and transporta.

tion on road.

shall have full power and authority to prescribe the kinds and descriptions of cars, carriages or wagons to be used on the said road, for the conveyance of passengers and the transportation of the mails, or of goods, wares, merchandize and minerals, and to regulate the speed at which they shall travel, and to adopt and enforce such rules and regulations in relation to the transit thereof as they may deem expedient: Provided, That the toll on any species of Rates of toll. property shall not exceed an average of four cents per ton per mile, nor upon each passenger an average of two cents per mile.

Proviso.

SECT. 21. And be it further enacted by the authority aforeAnnual state- said, That at each annual meeting of the stockholders, the ment to president and managers of the preceding year shall exhibit to stockholders. them a complete statement of the affairs and proceedings of Mode of call the company for such year, and that special meetings of the ing special meetings.

3 years to
commence,
and 7 to com-
plete road,
&c.

stockholders may be called by order of the president and managers, or by the president at the request of stockholders holding one-fourth the amount of the capital stock, in like notice as that required for annual meetings, specifying more over the object of the meeting, but no business shall be transacted at such meetings, except that for which it shall have been called, nor unless a majority in value of the stockholders shall attend in person or by proxy..

SECT. 22. And be it further enacted by the authority aforeCom. allowed said, That if the president and managers and company shall not proceed to carry on the said work within three years from the passage of this act, and shall not complete the same within seven years as aforesaid, according to the true intent and meaning of this act, or if after the completion of the said road the said 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. SECT. 23. And be it further enacted by the authority aforesaid, That if any increase of the capital stock shall be deemed necessary by the stockholders to improve or complete the said road, it may be lawful for the said president, managers and company, at a stated or special meeting convened for the purpose, to increase the number of shares so that the capital of the said company shall not exceed two millions of dollars, and to receive and demand the moneys for shares so subscribed, in like manner and under like penalties as are hereinbefore provided for the original subscription or as shall be provided for by their by-laws.

Of the increase of the capital stock.

SECT. 24. And be it further enacted by the authority aforesaid, That at the end of the third year after the charter shall

be obtained, and at the end of every year thereafter, there After 3 years shall be furnished to the legislature an abstract of the ac annual statecounts of the company, showing the amount of capital paid ment to be in and the debts of the said company, the amounts received made to Lefor tolls and transportation, and rates charged, and the gislature. amount or dividends declared, and when such dividends

shall exceed twelve per cent. per annum, then one half of Half of divithe surplus exceeding twelve per cent. to be paid into the dends over 12 state treasury for the benefit of the education fund, which per cent to go abstract shall be verified by the oath or affirmation of the fund. president or treasurer of said company.

SECT. 25. And be it further enacted by the authority afore

to education

said, That if the said company shall at any time misuse or Reservation abuse any of the privileges hereby granted, the legislature of right to may resume all and singular the rights and privileges hereby revoke chargranted to the said corporation.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The sixth day of April, A. D. one thousand eight hundred and thirty-three.

ter.

GEO. WOLF.

No. 86.

AN ACT

Authorizing the Governor to subscribe stock in the Codorus Navigation company.

Governor au

thorized to

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the Governor is hereby authorized and required to subscribe two hundred shares of stock, at fifty dollars subscribe 200 each, on behalf of this Commonwealth, to the Codorus Navi- shares at $50 gation company, in the county of York, and he is hereby authorized and required to draw his warrant on the State

Proviso.

700 shares to

be first sub

Treasurer, in favor of the president and managers of said company for that amount: Provided, That the said president and managers shall first certify to the Governor that seven hundred shares of stock have been bona fide subscribed for paid in by by individual stockholders, and the amount of all instalments individuals. are paid.

scribed and

SEOT. 2. And be it further enacted by the authority aforeCertificates of said, That it shall be the duty of the president and managers stock o be of said company, upon the issuing of the Governor's warrant depos ted by for the state's subscription authorized in this act, to cause certificates of shares of stock, to the amount thereof, to bę deposited at the treasury of this Commonwealth, and the dividends upon the shares so deposited shall thenceforth, from time to time, be paid into the said treasury.

company with State Treasurer, &c.

SECT. 3. And be it further enacted by the authority aforesaid, That from and after the first Monday of January next. 10 managers, 2 of them to the whole number of managers shall be ten in said company, be appointed of which the state shall have two, to be appointed by the by Governor. Governor, who may remove and supply their places by others, when necessary.

SAM'L. ANDERSON,

Speaker of the House of Representaives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The sixth day of April, A. D. one thousand eight hundred and thirty-three.

GEO. WOLF.

No. 87.

AN ACT

For the relief of sundry soldiers and widows of soldiers of the revolu tionary war.

SECT. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General $40 gratui Assembly met, and it is hereby enacted by the authority of the nuities grantsame. That the State Treasurer be and he is hereby authored to H. Erb, ized and required to pay to Henry Erb, Christian Specht, C. Specht, Christopher Car and John Reed, of Montgomery county,

ties and an

T. Kautz, L.

Conrad Miller, John Myers and Michael Warner, of York C. Car, J. County, Thomas Kautz, Ludwig Harroof and Jacob Lindy, Reed, C. Milof Lancaster county, John Ross and James Ault, of Ches- ler, J. Myers, ter county, John Ewing, of Huntingdon county, Joshua M Warner, Peeling, of Lycoming county, David Stitt, of Indiana coun- Harroof, J. ty, William Drenning, of Bedford county, Lawrence BathLindy, J. urst and Philip Barnhart, of Centre county, John Slonecker, Ross, J. Ault, of Cumberland county, Jacob Bossard and George Bergy, of J. Ewing, J. Northampton county, Isaac Vanhook, of Fayette county, Peeling, D. Thomas Hamilton and Frederick Rieker, of Dauphin counDrenning, L. ty, William Bean, of Mercer county, Christian Borckert, Bathurst, P. of Berks county, and John Hilt, of Philadelphia county, Barnhart, J. soldiers of the revolution or to their respective orders, forty Slonecker, J. dollars to each immediately and an annuity of forty dol- Bossard, G. Jars, to each during life, payable half yearly, to commence Bergy, I. on the first day of January, one thousand eight hundred and T. Hamilton, thirty-three

Stitt, W.

Vanhook,

F. Rieker,

W. Bean,

SECT. 2. And be it further enacted by the authority aforesaid, That the State Treasurer be and he is hereby authorized and J. Hilt. and required to pay to Jane Miller and Susan Mosher, of Same to J. Lancaster county, Magdalena Gensler and Susana Herman, Miller, S. Moof York county, Ann M'Niel, of Chester county, Rachel sher, M. M'Coy, of Northumberland county, Catharine Strohl, of Gensler, S. Herman, Northampton county, and Ruth Evans, of Montgomery A. McNeil, county, the widows of soldiers of the revolutionary war, or R. McCoy, to their respective orders, forty dollars to each immediately C. Strohl and an annuity of forty dollars to each during life, payable and R. Evans. half yearly, to commence on the first day of January, one thousand eight hundred and thirty-three.

SECT. 3. And be it further enacted by the authority afore- $40 gratuities

Ditlow,. J.

granted to said, That the State Treasurer be and he is hereby author- R. Richey, ized and required to pay to Robert Richey and Robert Cris R. Criswell, well, of York county, Everhart Ghl, of Schuylkill county, E. Ohl, A Archibald Derrah and John Ditlow of Bucks county, and Derrah, J. John Mufli, of Northampton county, Frederick Rhinhart, of Mufli, F.. Cumberland county, soldiers, and Elizabeth Gehret and Rhinhart, Christiana Marx, of Berks county, Ann Hudders, of Ches- E. Gebret, ter county and Susanna Peters, of Montgomery county, the C. Marx, widows of soldiers of the revolutionary war, or to their respective orders, a gratuity of torty dollars to each immedi ately, in full of their claims.

A. Hudders and S. Peters.

$40 gratuity to J. M'Ilney

SECT. 4. And be it further enacted by the authority afore said, That the State Treasurer be and he is hereby authorized and required to pay to John M'Ilney, of Bedford coun Same with ty, or to his order, forty dollars, as a gratuity, and to John annuities to Smith and Philip Deemer, of Northampton county, and J. Smith, George Keener, of York county, soldiers of the revolution, P. Deciner or to their order, forty dollars immediately, and an annuity of forty dollars to each, during life, payable half yearly, to

and G. Kee⭑

ucr.

« PreviousContinue »