have all the powers, rights or privileges, and be subject to the like penalties, which are given and granted by the act incorporating the "Ridge turnpike company," passed the thirtieth day of March, one thousand eight hundred and eleven.

Proviso.

SECTION 8. If the said company do not commence mak- Time of com ing the said road within three years, and complete it within mencing, six years after the passing of this act, then the same shall be finishing, &c. void; Provided, That the said turnpike road shall not be constructed on the land or property of the Schuylkill Navigation company, nor so as to do any damage or injury, or in any manner to obstruct the works of the said navigation company. WM. PATTERSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The fourteenth day of April, Anno Domini, eighteen hundred and thirty-four.

GEO: WOLF.

No. 162.

AN ACT

To authorize the Governor to incorporate a company for making a turnpike road from Brown's mills, in Mifflin county, through Sankey's Gap, to Alexandria, in Huntingdon 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 John Porter, of Alexandria, John Scott, James Mil- Commiss'rs liken, Henry Stoner, Robert Milliken, John Norris, John Love, appointed. James Watson, Robert Cummins, Capt. John Stewart and George Jackson, be and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say, they shall, on or before the first Monday of June next, procure two books and in each of them enter as follows: We, whose names are hereunto subscribed, do promise to pay. to the president and managers of the Brown's mills and Alexandria turnpike road company, the sum of twenty-five dollars Form of for every share of stock in said company set opposite to our subscription. respective names, in such manner and proportions and at such times, as shall be determined by the president and managers of said company, in pursuance of an act of the General Assembly of this Commonwealth, entitled An act to authorize the Gov

Notice of the opening of. the books.

erner to incorporate a company for making a turnpike road from Brown's mills through Sankey's Gap to Alexandria, in Huntingdon county-Witness our hands the

day

in

:"

the year of our Lord one thousand eight hundred and And thereupon shall give notice, in two or more public papers printed nearest the route of the said road, for twenty days at least, of the time and places when and where the said books shall be opened, to receive subscriptions for the stock of the said company, at which times and places one of the said commissioners shall attend and permit and suffer all persons of lawful age who shall offer, to subscribe in said books, in their own names, or in the name or names of any other persons who shall duly authorize the same, for any number of shares of said stock; and the said books shall be kept open respectively for the purpose aforesaid at least six hours in every juridical day for the space of six days, or until the said books shall have seven hundred shares therein subscribed; and if at the expiration of the said six days, the books aforesaid shall not have the said number of seven hundred shares therein subscribed; the commissioners respectively may adjourn from time to time, and transfer the said books from place to place, until the whole number of shares shall be subscribed, of which adjournment and transfers the commissioners aforesaid shall give such public notice as the occasion may require; and when the whole number of shares subscribed shall amount to fourteen hundred, the same shall be closed: Provided always, That every person offering to subscribe in said books in his own or any other name, shall previously pay to the attending commissioner or $5 to be paid commissioners the sum of five dollars for every share to be on each share subscribed, out of which shall be defrayed such incidental charges and expenses as may be necessary for taking such subsubscribing. scription, 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.

Proviso.

at time of

When 700 shares sub

SECTION 2. When twenty persons or more shall have subscribed seven hundred shares of the said stock, the said commissioners respectively, may, or when the whole number of scribed,com's shares aforesaid shall be subscribed, they shall certify under to certify to their hands and seals the names of the subscribers and the Governor. number of shares subscribed by each, to the Governor of this Commonwealth, whereupon, it shall and may be lawful for the Governor, by letters patent under his hand and the seal of the State, to create and erect the subscribers, and if the subscription be not full at the time then 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 Brown's Mills and Alexandria turnpike road company," and by the said name the subscribers shall have perpetual succession and all the privileges and franchises incident to a corporation, and shall be capable of taking

Style of cor. poration.

and holding the said capital stock and the increase and profits, Capacities & of enlarging the same from time to time by new subscriptions, privileges. 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 purchasing, taking and holding to them and their successors and assigns, and of selling, transferring and conveying, in fee simple, or for any less estate, all such lands, tenements, hereditaments and estate, real and personal, as shall be necessary to them in the prosecution of their works, and of suing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do. SECTION 3. The commissioners aforesaid, as soon as conveniently may be after the said letters patent shall be sealed and obtained, shall give public notice, in two of the public pa- Election of pers printed nearest the route of the said road, of a time and officers. place, by them to be appointed, not less than twenty days from the publication of 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 subscribers, by ballot, to be delivered in person or by proxy, duly authorized, one president, six managers, one treasurer and such other offi cers as may be necessary to conduct the business of said company for one year, and until such other officers be chosen, and shall and may make such by-laws, rules, orders and regula- Make by-laws tions, not inconsistent with the constitution and laws of the United States and of this Commonwealth, as shall be necessary for the well ordering the affairs of the said company, and that each subscriber shall be entitled to a vote, at said elections, for every share he or she may hold in said company.

SECTION 4. It shall be lawful to and for the said president and managers, their supertntendents, surveyors, artists and chain-bearers, to enter in and upon all and every the lands, tenements and enclosures, in, through and over which the said intended 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 most practicable ground.

SECTION 5. The president, managers of the said road, shall make or cause the same to be made not less than twenty feet in width in the most difficult passes, and not less than forty, nor more than fifty feet in width in all other places, and at least twenty feet thereof shall be made an artificial road, in the fol lowing manner, to wit: all the timber shall be taken out by the roots and removed from the road, which shall, when the original location is level or nearly so, be at least two feet higher in the centre than at the sides; it shall be well and sufficiently ditched, so as to carry off the water, and to keep the road in its

Enter in and

upon lands,

&c.

Width of

road.

Time of

foundation firm and dry; it shall be constructed of firm and substantial materials, composed of wood, gravel, stone, slate, sand or other hard substance, such as the nature of the ground, along which the road may pass, will admit of, so as to secure a solid foundation, a smooth and firm surface, and a well made permanent highway, and so nearly level in its progress, that it shall in no place rise or fall more than will form an angle of five degrees with a horizontal line, and the said president and managers shall erect permanent bridges, with sufficient stone abutments and piers, over all the streams of water crossing the said road, and shall keep the said road and bridges in perfect order and repair.

SECTION 6. If the said company shall not proceed to carry on the said work within two years after passing this act, or shall not within five years thereafter complete the same, accordcommencing, finishing, &c. ing to the true intent and meaning of this act, then, or in either of those cases, all and singular the rights, liberties, privileges and franchises hereby granted shall revert to the commonwealth.

Powers.

SECTION 7. The said company shall generally have and possess like powers, authorities and privileges necessary for carrying on and completing the said turnpike road, and be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, and be entitled to like tolls and profits, in proportion to the distance, as are given and granted to the president and managers and company of the "Washington and Williamsport Turnpike Road Company," by an act of Assembly, passed the eighteenth day of March, Anno Domini, one thousand eight hundred and sixteen, and which are not hereby supplied and granted in the previous sections of this act.

WM. PATTERSON Speaker of the House of Representatives. JACOB KERN,

Speaker of the Senate.

GEO: WOLF.

APPROVED-The fourteenth day of April, Anno Domini, eigh

teen hundred and thirty-four.

No. 163.

AN ACT

Authorizing the Governor to incorporate a Company to build a Toll
Bridge over the river Schuylkill at or near to John Althouse's, in
Maidencreek township, Berks 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 John Althouse, Adam Reber, Benjamin Parvin, Ja

Form of sub

scription.

cob S. Ebling, John Ginger of Maidencreek township, Abraham Commiss'rs Reeser, Jacob Orange, Jacob Kaufman and John Potteiger of appointed. Bern township, all of Berks county, be, and the same are hereby appointed commissioners to do and perform the several duties hereinafter mentioned, that is to say, they shall on or be fore the first Monday of August next procure a book or books and enter therein as follows: "We whose names are hereunto subscribed do promise to pay unto the president, managers and company authorized to erect a bridge over the river Schuyl kill, near to John Althouse's, for the use of the said company, the sum of twenty-five dollars for each share of stock set opposite to our respective names, in such manner and proportions, and at such times and places, as shall be determined by the president and managers, in pursuance of an act of the General assembly of this Commonwealth, entitled 'an act, authorizing the Governor to incorporate a company to build a bridge over the river Schuylkill, &c.,' witness our hands this

Notice of the

day of one thousand eight hundred and thirtyand shall thereupon give notice in two newspapers printed in the said county for one calendar month at least of the times and places when and where such book or books shall be opened to opening of receive subscriptions for the stock of the said company at which books. times and places some one of the said commissioners shall attend, and shall keep open said book or books at least six hours, in every day, for three juridical days if so many shall be necessary, and allow any person of the age of twentyone years to subscribe therein, in his own name or in the name or names of any other person or persons by whom he shall be authorized to do so, for any number of shares in the said stock, until one hundred and twenty shares shall be subscribed, when the books shall be closed; but, if the whole number of shares should not be subscribed, the said commissioners may adjourn to such times and places as they shall think necessary, and give such further notice as they may think proper; and when the subscription shall amount to one hundred and twenty shares as aforesaid the books shall be closed: Provided always, That Proviso. every person offering to subscribe in the said book or books in his own name or in the name of any other person shall, at the time of subscribing pay to the attending commissioner or commissioners two dollars on every share so subscribed, out of which money shall be defrayed the expenses attending the tak ing of 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 thereof chosen as is hereinafter directed: And provided also, That the 2d proviso. county shall at any time hereafter have the right of buying out the company by reimbursing to the stockholders such money as together with the interest they may have expended in the erec. tion and completion of the said bridge.