Annual or semiannual dividends. Proviso. Powers of commissioners. Commencement limited. shall have the power to sue for and recover such instalment at their election. SECTION 18. That the president and managers of the said company, shall, annually or semi-annually declare and make such dividend as they may deem proper, of the net profits arising from the resources of the said company, after deducting the current and probable contingent expenses; and they shall divide the same among the proprietors of the stock of the said company, in proportion to their respective shares; that when the said dividends exceed ten per cent. per annum, the tolls and charges for freight shall be so reduced as to keep the per centage below that amount; and that an annual statement of accounts, under oath, shall be made to the legislature by the president or treasurer of said company: Provided always, That until the completion of the main line of the said railroad, the said president and managers shall have the power, if they deem it expedient, to apply the whole of the profits aforesaid, to the construction and completion of the said road: And provided also, That no declaration of dividends shall be so made as to impair the capital stock of the said company: And provided further, That whenever the dividends exceed six per cent. per annum, the said company shall pay a tax of eight per cent. on all such dividends above six per cent., into the treasury of this state for the use of the commonwealth. SECTION 19. That the commissioners appointed in the first section of this act, shall have the power to manage and conduct the affairs of the company hereby incorporated, until the officers thereof shall be elected as directed by this act: Provided, That the said company shall not at any time, be directly or indirectly engaged in any banking or commercial or manufacturing concerns. SECTION 20. That if the president, managers and company, shall not and completion proceed to carry on said work within five years from the passage of this act, and shall not complete the same as aforesaid, in ten years, according to the true intent and meaning of this act, or if after the completion of said railroad, the said company shall suffer the same to go to decay and be impassable for the space of two years, then this charter shall become null and void, except so far as to compel said company to make reparation for damages. Repeal. SECTION 21. That if the said company shall, at any time, misuse or abuse any of the privileges hereby granted, the legislature may resume all and singular the rights and privileges hereby granted to the said comState may pur- pany: Provided, That the state may at any time after the expiration of thirty years, have the privilege of purchasing the entire interest and property of the said corporation, at a just and reasonable valuation or appraisement, to be made in such manner as may at any time hereafter be provided for by law. chase works. APPROVED-The second day of April, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 200. AN ACT Relative to roads and bridges, in the county of Mercer, and to correct an error in the act of the seventh May, one thousand eight hundred and forty-four, entitled "An Act relative to roads and bridges, in the counties of Crawford, Clearfield and Greene," and for other purposes. SECTION 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 the provisions of an act, entitled "An Act relative to roads and bridges, in the counties of Crawford, Clearfield and Greene," approved the seventh day of May, one thousand eight hundred and forty-four, be and the same is hereby extended to the county of Mercer, and that the word county, where it first occurs in the second line of the seventh section of said act, read township, and the word supervisors, in the fifth line of the eighth section of said act, read commissioners: Provided, That the Proviso. sum authorized to be collected in money, by the fourth section of said act, shall not in any one year, in the county of Mercer, exceed twelve and one-half per cent., and that this act shall not go into effect before the third Friday of March, one thousand eight hundred and forty-six. SECTION 2. That from and after the passage of this act, the Royer's Ford bridge company shall not demand toll from any person attending funerals or schools, or going to or returning from any militia trainings, or going to and from elections or attending divine service on the Sabbath day; and the said company may demand and receive toll on sleighs and sleds for crossing over said bridge, at the rate of six and one-fourth cents for each horse drawing the same; anything in the act, entitled "An Act to incorporate the Royer's Ford bridge company, over the river Schuylkill, at said ford," approved the twenty-seventh February, Anno Domini, one thousand eight hundred and thirty-nine, as is hereby altered or supplied, is hereby repealed. FINDLEY PATTERSON, Speaker of the Senate. APPROVED The second day of April, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 201. AN ACT Relating to notaries public in Delaware county. SECTION 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 so much of an act, entitled "An Act to enable the governor to appoint notaries public, and for other purposes therein mentioned," approved the fourteenth day of April, one thousand eight hundred and forty, as renders, or has been construed to render justices of the peace inelligible to the office of notary public, be and the same is hereby repealed, as far as relates to Delaware county, FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The second day of April, one thousand eight hundred and forty-five. FRS. R. SHUNK. Boundaries. Name. No. 202. AN ACT Incorporating East Waterford, in the county of Juniata, into a borough. SECTION 1. Be it enacted by the Senate and House of Represente! tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the town of East Waterford, in the county of Juniata and territory, included within the following boundaries, to wit: Beginning at a hickory stump on Tuscarora creek, near the mouth of Horse Valley run; thence? west forty-seven perches to a black oak at a spring; thence north sixtytwo degrees west thirty-two perches to a white oak; thence north eighty degrees west forty-eight and a-half perches to a sugar tree; thence south sixty-nine degrees west twenty-eight perches to a red oak; thence south twenty degrees east one hundred and fifty-eight perches to a red oak; thence north forty-nine degrees east one hundred and sixty-four perches to a locust; thence north thirty-two degrees west thirty-seven and a-half perches to the place of beginning; is hereby erected into a borough, which shall be called and styled the borough of East Waterford. SECTION 2. That the inhabitants of said borough, entitled to vote for Annual election. members of the general assembly, having resided therein ten days immediately preceding the election, shall, on the third Friday of April next, and annually thereafter, on the same day which now is or hereafter may be fixed by law for the election of constable and other township officers within this commonwealth, meet at the school house in said borough, and then and there, between the hours of one o'clock and seven o'clock, P. M., elect by ballot one of the citizens, who shall be styled the burgess of said borough, and four other citizens to be styled the town council, one street commissioner, and two justices of the peace, all of whom shall be residents of said borough; which election shall be in all respects conducted in the same manner as is provided by Mode of conductlaw for the election of township officers within this commonwealth; ing election. and shall be subject to the same penalties or mal-practices, except that the certificates of the election of burgess, town council, and other borough officers, shall be filed among the records of the corporation; and duplicate certificates of said election shall be signed by the judges, one of which shall be transmitted to each of the persons elected: And provided, That in case of death, resignation, removal, or refusal to accept of any of said offices, the vacancies may be supplied by a new election, in all cases where, by existing laws, there is not provision made for supplying vacancies by appointment: And provided further, Vacancies. That for the first election to be held under this act, it shall be the duty of Josiah M'Mean, William J. Kirk, Samuel M'Williams, and John Sarvis, or any one of them, to give notice and perform all the duties Notice of elecenjoined on constables by the existing laws relative to township elec- tion. tions; and in case no election shall be held on the first day mentioned, they shall appoint some other day, and perform said services; but previous to opening of such election, such of the citizens entitled to vote as aforesaid, as may be present at the time and place of opening the same, shall choose one judge and two inspectors, and two clerks thereof, who shall be sworn or affirmed, in the same manner as is provided by law for swearing or affirming election officers, and they shall perform the duties required of them by law relative to township elections. SECTION 3. That the burgess shall be president of the council, and President of shall have and exercise all the rights and privileges of a member thereof council. in every respect. SECTION 4. That the burgess and town council shall meet on the first Meetings. after as occasion may require; three members shall constitute a quorum Quorum. or in his absence, the president pro tem. shall have power to call special Special meetings. SECTION 5. That if any person duly elected burgess or member of Penalty for negthe town council, and having received notice thereof, as directed by this lect to accept act, shall refuse or neglect to take upon himself the execution of the office. office to which he shall have been elected, or having taken upon himself such duties, shall neglect to discharge the same according to law, every such person so refusing or neglecting, shall, for every such offence, pay Proviso. Oath. Name. Powers, &c. By-laws. and forfeit the sum of five dollars; and every other officer elected or appointed by virtue of this act, or the by-laws or ordinances of the town council aforesaid, who shall refuse or neglect to take upon himself the execution of such office, or having accepted the same, shall refuse or neglect to perform the duties thereof, shall, for every such refusal or neglect, pay a fine not exceeding five dollars, at the discretion of the burgess, which fines, and all other fines that may be incurred under this act, or any of the by-laws or ordinances of the town council, shall be for the use of the said corporation, and shall be recovered in the name of the burgess and town council of the borough of East Waterford, as debts of like amount are recoverable by law: Provided, That no person shall be compelled to serve more than one year in any term of three, and the payment of a fine shall be equivalent to a service of one year in any office: And provided further, That nothing herein contained shall be construed, to exonerate any constable or other officer from the payment of any fine or penalty imposed by the existing laws, or that may hereafter be enacted, for refusing to serve in such office. SECTION 6. The burgess shall take and subscribe an oath or affirmation, before one of the judges of the court of common pleas, or a justice of the peace of the said county of Juniata, to support the constitution of the United States, and of the state of Pennsylvania, and to execute the office of burgess of East Waterford with fidelity, and when so qualified, he shall administer an oath to each of the members of the town council, high constable, town clerk, clerk of the market, (if one shall be appointed,) and such other officers as shall be appointed or elected under this act, or any by-law or ordinance of said borough, before they shall enter upon the duties of their respective offices, which oath or affirmation so taken and subscribed, shall be filed among the records of the corporation. SECTION 7. That from and after the third Friday in April next, the burgess and town council duly elected, and their successors, shall be one body politic and corporate, by the name and style of the burgess and town council of the borough of East Waterford; and shall have perpetual succession, and shall be capable in law to have, receive, hold and possess, goods and chattels, lands and tenements, rents, liberties, jurisdictions, franchises, hereditaments, to them and their successors, in fee simple, or otherwise, not exceeding the yearly value of two thousand dollars; and also to grant, sell, let and assign the same; and shall be capable in law to sue and be sued, plead and be impleaded, in any of the courts of law in this commonwealth, in all manner of actions whatever; and to have and use one common seal, and the same from time to time, at their will, to change and alter. SECTION 8. That the town council shall have power to pass and enact by-laws, rules and regulations, and ordinances, as they may deem necessary to promote the peace and good order, and general welfare of the inhabitants, and well being of said borough; and for the purpose of Improvements. improving and keeping in good order the sidewalks, streets, lanes, alleys, common grounds, or other property whatsoever, that has heretofore been granted to the use of the citizens of East Waterford, or that may hereafter be granted to the use of the corporation; and for removing nuisances and obstructions therefrom; and the same to alter, make, renew or annul, as the occasion may require; and also assess, levy and collect, and appropriate such taxes, as shall be necessary to carry their rules and ordinances into effect; which said taxes shall not exceed in any one year three mills on the dollar, except by consent of two-thirds of the taxables of the borough, to be certified under their hands to the town council for that purpose. They shall have authority to obtain Taxes. |