payment of the said ten per centum per annum: Provided, Proviso. Limit to dividends. SECTION 15. If the president, managers and company, shall neglect or refuse to keep in good order, or repair, the said descending navigation, or shall neglect to remove any obstacle Penatly in that may occur, so that boats and other craft descending the case of same may at all times safely pass down the said creek, the neglect, &c. president, managers and company, shall for every such offence forfeit and pay the sum of ten dollars, to be recovered in the same manner as debts of equal amount are by law now recoverable, before any justice of the peace of the proper county where the offence shall be committed, one half to the use of the informer, and other half to the use of the county of Centre. SECTION 16. If any person or persons shall wilfully and maliciously do any act or thing, whereby the navigation shall Penalty in be impeded, or any dam, lock, gate, engine, machine or device case of wilful thereunto belonging, or any machinery or property of the com- injury. pany shall be injured or damaged, he, she or they so offending shall forfeit and pay to the said company four fold the damages by them sustained, together with costs to be recovered by action of debt as before mentioned in this act, or in any court of competent jurisdiction, or be liable to be prosecuted in the court of Quarter Sessions of the county of Centre, for every such offence as a misdemeanor, and upon conviction thereof, be subject to fine or imprisonment, or both at the discretion of the said court. SECTION 17. The president and managers of the said company may demand and require of and from the treasurer, and Officers to all and every other officer or person employed by them, bond give bond. with sufficient penalties and surety as they shall by their rules, orders, by-laws, or regulations, require for the faithful discharge of the several duties and trusts to them or any of them respectively committed. SECTION 18. It shall be the duty of the president and managers of the said company, to keep fair and just accounts of all moneys received by them from the commissioners mentioned in this act, and from the subscribers to the said navigation, all penalties for delays in the payn.ent thereof, and the amount of the profits on the shares that may be forfeited, also, of all moneys expended in the prosecution of the work, and shall in every year submit such accounts to the stockholders at their annual meeting, and the aggregate amount of such receipts and expenditures shall be ascertained, and if upon such liquidation or when the capital stock shall be nearly expended, it shall be Duties of the president and managers. Semi-annual dividends to be declared. Right to repeal. found that the said capital stock will be insufficient to complete the said navigation, according to the true intent and meaning of this act, or the said work from any casualty shall be injured so as to require an increase of the capital stock, it shall and may be lawful for the said president, managers and company at a stated or special meeting, to be convened for the purpose, to increase the number of shares to such extent as shall be deemed sufficient to accomplish the said descending navigation, and to receive and demand the money for shares so subscribed in like manner, and under like penalties as are herein before prescribed for the original subscriptions, or as shall be provided by the by-laws (of the said corporation.) SECTION 19. The said president, managers and company shall also keep a just and true account of all moneys received by their several and respective collectors of tolls, and all other moneys received for and on account of the said corporation, and shall make and declare a dividend of the clear profit and income thereof among all the stockholders, all contingent costs and charges being first deducted, and shall on the first Monday in January, and the second Tuesday in July, in every year, declare and publish the half yearly dividends made of the clear profit, and the time when, and the place where the same will be paid to the stockholders, not exceeding thirty days thereafter, and shall cause the same to be paid accordingly, and shall on or before the fourth Monday in January, in every year, from and after the completion of the said navigation, lay the accounts of their receipts and disbursements before the legislature, under oath or affirmation of the president and treasurer of the company for the time being. SECTION 20. If the company shall not be incorporated within three years after passing of this act and the work commenced, and if the president, managers and company shall not within five years thereafter complete the same according to the true intent and meaning of this act, then, and in either of those cases all and singular the rights, liberties, privileges and franchises hereby granted to the said company, shall revert to the Commonwealth. APPROVED-The fourteenth day of April, Anno Domini, eighteen hundred and thirty-four. GEO: WOLF. No. 195. AN ACT To anthorize the Governor to incorporate a company to make a turnpike road from the borough of Johnstown, in Cambria county, to Ligonier in Westmoreland couniy. 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 for the purpose of making a turnpike road from the Commiss'rs. borough of Johnstown, in Cambria county, to Ligonier, in Westmoreland county, Peter Livergood and George W. Kern, of Cambria county, Noah Mendell, Robert Graham, William T. Baldridge, Hugh Mitchell, Abraham Horbach, Hugh Y. Brady, John Cover, and Robert Stewart, of Westmoreland county, and Henry Chaffant, of Allegheny county, be and they are hereby appointed commissioners to do and perform the several things. herein after mentioned, that is to say, they shall on or before the first Monday of June next, procure two books, or more, and in each of them enter as follows: "We whose names are hereun to subscribed, do promise to pay to the president and managers Form of subof the Johnstown and Ligonier turnpike road company, the seription. sum of fifty dollars for every share of stock in said company set opposite to our 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 Governor to incorporate a company for making a turnpike road from the borough of Johnstown, in Cambria county, to Ligonier, in Westmoreland county; Witness our hands the day in the year of our Lord, one thousand eight hundred and pur Books to be kept open till 200 shares subscribed. Provise. When com'rs shall certify to Gov. Style of corporation. fer 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 two 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 commissioners, the sum of two dollars for every share to be subscribed, out of which shall be defrayed such incidental charges and expenses as may be necessary for taking such subscription, 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. SECTION 2. When twenty persons, or more, shall have subscribed one hundred shares of the said stock, the said commissioners respectively may, or when the whole number of shares aforesaid shall be subscribed, they shall certify under their hands and seals, the names of the subscribers and the 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 corpo rate, in deed and in law, by the name, style, and title, of the "President and managers of the Johnstown and Ligonier turnpike road company," and by the said name the subscribers shall have perpetual succession, and all the privileges and Privileges & franchises incident to a corporation, and shall be capable of liabilities. taking and holding the said capital stock and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, 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, transfering, 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. Organization SECTION 3. The commissioners aforesaid as soon as conve of company. niently may be after the said letters patent shall be sealed and obtained, shall give public notice in two of the public papers, printed nearest the route of the said road, of a time and 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 officers 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 regulations, not inconsistent with the constitution and laws of the United States and this Commonwealth, as shall be necessary for the well ordering the affairs of the said company: Provided always, That no person shall have more than ten votes at any election, or in determining any question arising at such meeting, 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 under that number. SECTION 4. It shall be lawful to and for the said president Proviso. and managers, their superintendents, surveyors, artists and Construction chain bearers, to enter in and upon all and every the lands, of road. 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, and generally, they shall have 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 Stoystown and Greensburg turnpike road, in and by an act of assembly of this Commonwealth, passed the ninth day of March, Anno Domini, eighteen hundred and fourteen. SECTION 5. The president and managers of the said road shall make or cause the same to be made, not less than forty nor more than fifty feet in width, and at least eighteen Width of road feet thereof shall be made an artificial road in the following manner, to wit: all the timber shall be taken out by the roots and removed from the road, which shall where 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 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, 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: Provided, That if in the opinion of the Proviso. |