within six

six months next after the offence shall have been committed, or Suits to be the cause of action shall have accrued, and the defendant or commenced defendants, in such suit or action, may plead the general issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by authority of this act.

SECTION 19. The company shall not prevent any person or persons, being the owner or owners of land bordering on the said rail road or adjacent thereto, for making such lateral rail roads and to connect them with said rail road from their said lands, as the said person or persons may conceive necessary for the purpose of transporting their coal or produce down the said rail road.

months.

to connect.

SECTION 20. On the completion of the said rail road, the Lateral railsame shall be esteemed a public highway, free for the trans- roads allowed portation of all commodities; and the said company may charge and receive tolls, and for freights on and for the transportation of goods, wares and merchandize, at the following rates, that is to say, on each ton of coal, one and an half cent per mile; on each ton of salt, gypsum and lime, one and an Rates of toll. half cent per mile; on brick, lumber squared and round, one hundred feet solid, two cents per mile; on boards, planks, scantling, or other sawed stuff, reduced to inch stuff, one cent per one thousand feet, per mile; on shingles per thousand, one cent per mile; on staves and heading for pipes and hogsheads per mile, two cents per thousand, and staves and heading for barrels and other vessels of less size, one cent per mile per thousand; on all other articles not enumerated, two cents per ton, per mile; on all single and detached articles, weighing less than a ton, it shall be lawful to charge and receive, on the transports thereof, an advance of twenty per cent on the rates as above established: Provided, That every person or persons Proviso. using the said road, shall only use those carriages and wagons and conveyances which shall be adapted thereto, which said carriages, wagons and conveyances, to be used thereon for the transportation of persons or commodities, shall be prescribed by the said company: And provided further, That whenever 2d proviso. the aforesaid tolls shall exceed fifteen per cent on the capital expended, they shall be reduced so as not to exceed that amount. SECTION 21. If any person or persons shall wilfully and knowingly break, injure or destroy the rail-road, or any part thereof, or any work, edifice or device, or any part thereof, to Punishment be erected by the said company, in pursuance of this act, he, injury. she or they, shall forfeit and pay to the said company three times the actual damages so sustained, to be sued for and recovered, with cost of suit, in any court having cognizance thereof, by action of debt, in the name and for the use of the said company.

SECTION 22. If the president, managers and company, shall not proceed to carry on said work within two years from the passage of this act, and shall not complete the same as afore

for wilful

Time allowed said in five years, according to the true intent and meaning of to commence this act, or if, after the completion of the said rail-road, the and complete said corporation shall suffer the same to go to decay, and be

said road.

impassable for the term of two years, then this charter shall become null and void, except so far as compels said company to make reparation for damages.

SECTION 23. If any increase of the capital stock be deemed Increase of necessary by the stockholders to complete the said rail-road, it capital stock. 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 said com. pany shall not exceed fifty thousand dollars, and to receive and demand the moneys for shares so subscribed, in like manner and under like penalties as are herein before provided for the original subscription, or as shall be provided for by their by

laws.

Leg. reserves SECTION 24. If it shall appear, that the privileges by this right to annul act granted, are injurious to the citizens of this Commonwealth, the Legislature reserves the right to revoke, alter, or annul the charter hereby granted, at any time they may think proper. SECTION 25. Whenever the dividends of the said company vidend over shall exceed twelve per cent per annum, one half of the excess how applied. shall be paid into the State Treasury, for the general purposes

Excess of di

of education.

WM. PATTERSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

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

teen hundred and thirty-four.

GEO: WOLF.

No. 191.

AN ACT

Making an appropriation to the Waynesburg, Green Castle and Mercers. burg turnpike road company.

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 Governor is hereby authorized and required, to draw his warrant on the State Treasurer, in favor of the president and managers of the Waynesburg, Green Castle and Mercersburg turnpike road company, for the sum of three thou

sand six hundred and twenty dollars and four cents, being the balance of appropriation to said company now lying in the Treasury of the Commonwealth.

WM. PATTERSON

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

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

teen hundred and thirty-four.

GEO: WOLF.

No. 192.

AN ACT

To incorporate the Adamsburg School House in Westmoreland county

,,Name and

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 trustees of the Adamsburg School House in Westmoreland county shall be, and they are hereby erected into one body politic and corporate, in deed and in law by the name, style and title of "The Trustees of the Adamsburg School House, style. and by the same name shall have perpetual succession and be able to sue and be sued, plead and be impleaded in all courts of law and elsewhere, and shall be able and capable in law and equity, to have, take and hold, to them and their successors for the use of the said school, lands and tenements, goods and chat- Trustees, tels, of whatsoever kind, nature or quality, real, personal or their powers. mixed, which is now or hereafter shall become the property of the said school by gift, grant, bargain, sale, conveyance, assurance, will, devise or bequest, from any person or persons, whomsoever, capable of making the same, and the same to. grant, bargain, sell or dispose of for the use of the said school, and generally to do all and singular the matters and things which shall be lawful for them to do for the well being and due management of the affairs thercof: Provided, That the clear yearly value or income of said estates shall not at any time exceed two thousand dollars.

Proviso.

SECTION 2. William Black, James Larimore, and Jacob Sti- Trustees. ner, shall be trustees thereof until the first Monday in October next ensuing the date of this act, on which day and every suc ceeding first Monday of October yearly, and every year thereafter, the inhabitants of the village of Adamsburg, shall elect by ballot three trustees, notice having been first given by the Trustees at least ten days previous to such election, by printed

Annual elec

tion.

Vacancies, how supplied.

Corporate powers.

Seal.

Proviso

or written advertisements, put up at three of the most public places in the said village of Adamsburg. If vacancies by death or otherwise shall happen in the office of trustees, the remaining trustees may appoint others to supply such vacancies until the next election, at which election the inhabitants aforesaid may elect another trustee or trustees to supply the vacancy of the person or persons through whom such vacancy may happen.

SECTION 3. The said trustees and their successors shall have power to make and enforce such by-laws and ordinances as they shall think proper for the regulations and transaction of the business of the said school, and to make, have and use a common seal, and the same to break, alter and renew at their pleasure. Or if the inhabitants neglect on the day of the annual election to elect trustees, the corporation shall not be dissolved, but a majority of the trustees may appoint any subsequent time on which the election shall be held after notice to be given as aforesaid: Provided, That the said by-laws and ordinances shall not be inconsistent with the constitution or laws of this State or of the United States.

WM. PATTERSON,

Speaker of the House of Representatives.

APPROVED-The fourteenth day

eighteen hundred and thirty-four.

JACOB KERN,

Speaker of the Senate. of April, Anno Domini, GEO: WOLF.

No. 193.

AN ACT

Authorizing the commissioners of the county of Berks to subscribe stock to a bridge over the river Schuylkill, in Amity township.

SECTION 1. Be it enacted by the Senate and House of Re-· presentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the commissioners of Berks county are authorized to subscribe stock not exceeding three thousand dollars to the company for building a bridge over the river Schuylkill, between the Black and White Horse taverns, in Amity township, Berks county, and on so subscribing, the said county shall be entitled to receive such dividends upon its stock as shall be declared from time to time to its stockholders.

WM. PATTERSON,

Speaker of the House of Representatives-
JACOB KERN,

Speaker of the Senate.

Approved-The fourteenth day of April, Anno Domini eight

teen hundred and thirty-four.

GEO: WOLF.

No. 194.

AN ACT

Authorizing the Governor to incorporate the Fishing creek navigation company.

Commiss'rs.

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 Frederick Fridley, James Brown, William W. Houston, Noah F. Essig, Thomas McGhee, Samuel H. Wilson, Anthony Kleckner, Michael Ketner, Philip Walker and John Everheart, or any three of them, be and they are hereby appoint. ed commissioners to do and perform the several things hereinafter mentioned; that is to say, they shall on or before the first day of July next procure a book or books which shall be opened at some convenient place in the county of Centre and elsewhere, and therein enter as follows: "We whose names are hereunto subscribed, do promise to pay to the president, mana- Form of subgers and company of the Fishing creek navigation company, scription. the sum of twenty five dollars for every share of stock set opposite to our respective names, in such manner and proportion and at such times 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 authorizing the Governor to incorporate the Fishing creek navigation company.' Witness our hands this

day

in the year of our Lord, one thousand eight hundred and

;" and shall thereupon give notice in at least one newspa- Notice of the per printed in the county of Centre, for three weeks at least, of opening of the time and places when and where the said book or books the books. shall be kept open to receive subscriptions for the stock of the said company; at which respective times and places one or more of the commissioners shall attend and permit all persons of lawful age who shall offer to subscribe in the said books, in their own name or the name of any other person or persons who shall authorize the same, for any number of shares in the said stock, Whole numuntil there shall be four hundred shares subscribed; and the ber of shares, said commissioners, or any three of them, shall have power to 400. adjourn from time to time and to any place, until the whole number of four hundred shares shall be subscribed, then the books shall be closed: Provided always, That every person Proviso. offering to subscribe in the said books, in his own or any other name, shall previously pay to the attending commissioner the sum of one dollar for every share to be subscribed, out of which shall be paid the expenses attending the taking of subscriptions and other incidental expenses, and the remainder shall be paid