ize the said company, and shall choose by ballot, by a majority of votes to be delivered in person or by proxy, one president, six directors, one treasurer, and such other officers as they shall think necessary to conduct the business of said company for one year, and until other officers shall be appointed, and may make such by laws and regulations not inconsistent with the laws and constitution of this state or of the United States, as shall be necessary for well ordering the affairs of said company, and also at the meeting aforesaid the said stockholders shall elect by ballot three commissioners, who shall within thirty days from said election, fix upon the site or location of said bridge, and return a survey of the same to the president of said company: Provided always, That no person shall have more than twenty votes at any election or in determining any question arising at such meetings, whatever number of shares he may be entitled to, and that each person shall be entitled to one vote for every share by him held not exceeding twenty. SECT. 5. And be it enacted, That the said stockholders shall meet on the first Monday in November in every succeeding year, at such place as shall be fixed on by the by laws of said company, for the purpose of choosing such offi cers for the ensuing year. SECT. 6. And be it enacted, That the president and directors first to be chosen as aforesaid, shall issue certificates of stock to the several stockholders respectively, signed by the president and countersigned by the treasurer of the said company, which certificates shall be transferable at his or her pleasure, in person or by attorney, subject however to the payments due and that may grow due thereon, and the assignee holding any certificate, having first caused the assignment or transfer to be entered in a book of the company, to be kept by the treasurer for that purpose, shall for every share of stock so held by him or her, be entitled to his or her equal proportion of said capital stock, and of all the estates and emoluments of the company, and to vote as aforesaid at the meetings thereof. SECT. 7. And be it enacted, 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 president, may choose a chairman, and shall keep minutes of all their transactions fairly entered in a book, and a quorum being met they shall have full power and authority to agree with and appoint such engineers, superintendents, artists and other officers as they shall think necessary to carry on the said bridge, and to complete the same, and to fix their salaries and other wages, to determine the time, manner and proportions in which the stockholders shall pay the money due on their respective shares, to draw orders on the treasurer for all moneys that may be required, the same to be signed by the president or chairman, and countersigned by the clerk of the board, and to do and transact all matters and things as by the by laws and regulations of the said company shall be lawful. SEOT. 8. And be it enacted, That after the place for the erection of said bridge shall be fixed as aforesaid, and before the said president and directors shall proceed to erect the same, it shall and may be lawful for the said president and directors to contract and agree with the owner or owners of any lands and tenements, for the purchase of so much thereof as shall be necessary for the purpose of erecting and perfecting said bridge, and making and establishing all the necessary works and roads to and from the same, if they can agree with the owner or owners of the same, but in case they cannot agree, then it shall and may be lawful for the said president and directors to apply to one of the justices of the supreme court of this state, not being a stockholder or otherwise interested, who upon such application, is hereby authorized and directed to appoint three discreet and disinterested freeholders of this state, who after being duly sworn or affirmed before any justice of the peace, taithfully to perform the duties enjoined on them by this act, shall proceed to view and examine the said banks, and all such lands and tenements as shall be necessary for the purpose of erecting and perfecting the said bridge, and making and establishing all necessary works and roads to and from the same, and shall, according to the best of their skill and judgment, ascertain and estimate the injury and damage that will be sustained by the owner or owners of such lands and tenements so necessary to be taken as aforesaid, and shall report what sum shall be paid by the said company for the same, which report shall be made in writing, under their hands and seals, or under the hands and seals of any two of them, and shall return the same, together with a map describing the metes and bounds of such lands and tenements to the supreme court next after they shall have agreed upon and signed the same, and the said report having been confirmed by the said supreme court, shall be filed in the clerks' office of the said court, with the map aforesaid, and the said president and directors having paid the said owners respectively, or tendered them the several sums awarded to be paid to them in and by the said report, together with the fees of said arbitrators, at the rate of two dollars to each arbitrator for every day employed in the said business, and their necessary expenses, the said company shall be entitled to have and to hold to them and to their successors and assigns forever, the said lands and tenements, as fully and effectually as if the same had been granted to them by the respective owner or owners thereof, and it shall and may be lawful thereupon, and not before, for the said president and directors to enter upon the said lands and tenements, and to commence and complete the erection of said bridge: Provided, That there shall be paid to said justice of the supreme court for the services herein provided for, the sum of ten dollars; to the supreme court for a confirmation of the report of said freeholders the sum of two dollars, and to the clerk of said court the sum of two dollars. SECT. 9. And be it enacted, That the president and directors of said company shall keep fair and just accounts of all moneys received by them from the stockholders, and of the amount of profits on shares that may be forfeited as aforesaid, and of all voluntary contributions, and also of all moneys by them received and expended in the prosecution of said work, and shall at least once in each year, submit such accounts to a general meeting of the stockholders until the said bridge be completed, and until all the costs, charges and expenses for effecting the same shall be fully paid and discharged, and the aggregate amount of all such expenses shall be liquidated and ascertained. SECT. 10. And be it enacted, That when a good and complete bridge is erected over the said river Delaware at the place aforesaid, the property of the said bridge shall be vested in the said company, their successors and assigns forever, and the said company, their successors and assigns, may demand and receive toll from travellers and others, not to exceed the following rates: for every coach, landau, chariot, phaeton, or other pleasure carriage with four wheels, drawn by four horses, the sum of seventy-five cents; and for the like carriages with two horses, the sum of fifty-cents; for every wagon with four horses the sum of sixty-two and a half cents; and for every carriage of the same description drawn by two horses, the sum of fifty-cents; for every chaise, riding chair, sulkey, cart or other two wheeled carriage, or a sleigh or sled, with two horses, the sum of thirty-seven and a half cents; and for the same with one horse the sum of twenty five cents; for a single horse and rider the sum of twelve and a half cents; for every driven horse or mule the sum of six and a quarter cents; for every foot passenger the sum of two cents; for every head of horned cattle the sum of three cents; for every sheep or swine the sum of one cent; and the said company shall so erect said bridge as in no wise to injure, stop or interrupt the navigation of said river, or prevent boats or rafts from passing or persons from fording said river. SECT. 11. And be it enacted, That if any person or persons shall wilfully cut, destroy, break or remove from off the said bridge or any part thereof, any piece or pieces of timber, plank or planks, stone or stones, chain or chains, bolt or bolts, or any other materials whatsoever, belonging to said bridge, or otherwise wilfully or maliciously damage the same, he, she or they so cffending, shall forfeit and pay for every such offence over and above the damages done to said bridge the sum of thirty dollars, to be recovered in any court having cognizance thereof. SECT. 12. And be it enacted, That if the said company, their successors and assigns, and whosoever shall own or possess the said bridge, shall collect or demand any greater rate or prices for the passing over on said bridge than what are hereinbefore prescribed and specified, or shall neglect to keep the said bridge in good repair, he, she or they so offending, shall for every such offence forfeit and pay the sum of thirty dollars, one third thereof for the use of the poor of the county of Warren in New Jersey, and one third thereof to the use of the poor of the county of Northampton, in the state of Pennsylvania, and the other third thereof to the use of the person or persons who may sue for the same: Provi ded always, That no suit or action shall be brought for the same unless within thirty days after such offence shall be committed. SEOT. 13. And be it enacted, That the said president and directors shall have power to agree with any owner or owners of ferries or shad fisheries that may be injured by the creation of said bridge, and to compensate them for any damages they may thereby sustain, and if they cannot agree with such owner or owners, then and in such case the said damages shall be ascertained and paid in the same manner as is provided for in the eighth section of this act: Provided, That no person shall receive any compensation for ferrying at any ferry which shall have been purchased and paid for by said company, after said bridge shall have been comple ted. SECT. 14. And be it enacted, That the said president, directors and company shall also keep a just and true account of all and every the moneys received by their respective collectors of tolls for crossing the said bridge, and shall make and declare a dividend of the profits and income thereof among all the stockholders of said company, deducting first therefrom all contingent costs and charges, and such proportion of said income as may be deemed necessary for a growing fund to provide against the decay and for the rebuilding and repairing of the said bridge, and shall, on every first Monday in May and November in each and every year, publish the dividend to be made of the said clear profits thereof amongst the stockholders, and of the time and place when and where the same shall be paid, and shall cause the same to be paid accordingly. SECT. 15. And be it enacted, That this act shall not take effect or go into operation until the legislature of the commonwealth of Pennsylvania shall pass a law appointing com Inissioners on their part, and vesting like power and autho rity in the subscribers to the said capital stock of erecting a bridge at the place aforesaid, and of extending the same from shore to shore, with as full and ample powers, privileges, franchises and emoluments, as to the said company are hereby given. SECT. 16. And be it enacted, That the said company shall not employ any of their funds in any banking or insurance operations. SAM'L. ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. one APPROVED-The eleventh day of February, A. D. thousand eight hundred and thirty-three. GEO. WOLF. to open books, &c. No. 20. AN ACT To enable the Governor to incorporate the Harrisburg water company. SECT 1. 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 John Forster, Jacob M. Haldeman, Robert Commission Harris, John M. Forster, William Graydon, Frederick Kelers appointed ker, James Lesley, Abraham Bombaugh, Francis R. Shunk, Henry Buehler, Luther Reiley, Hugh Hamilton, George Geiger, Joseph B. Henzey and Isaac Updegraff, be and they are hereby appointed commissioners to do and perform the several duties hereinafter mentioned, that is to say, they, or any three of them, shall procure a book or books, and therein enter as follows: We whose names are hereunto subscribed, do promise to pay to the p esident and managers of the HarShares $20 risburg water company the sum of twenty dollars for each and every share of stock set opposite to our respective names, in such manner and proportions and at such times as shall be determined by the said president and managers, in pursuance of an act of the General Assembly entitled An act each. |