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LAWS

OF THE

COMMONWEALTH OF PENNSYLVANIA.

No. 175.

AN ACT

To authorize the Governor to incorporate the Ligonier and Somerset turnpike road

company.

Commissioners.

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 M'Farland, Noah Mendell, Richard Graham, Samuel P. Cummins, James Clark, William Huston, James Goodlen, Frederick A. Rohrer, Samuel L. Carpenter, Judah Case, Robert West, Joseph Nicewonger and James Fowler of Westmoreland county, and Henry S. Pickens, Joseph Imhoff, Daniel Weyand, Isaac Ankeny, John Neff, Christian Seyler, Emanuel Smith, William Philson, Simeon Gebhart, George Chorpenring of Somerset county, 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 in October next, procure one or more books, and enter in each of them as follows: "We, whose names are hereunto subscribed, do promise to pay unto the president and managers of the Ligonier and Somerset turnpike road company, the sum of twenty-five dollars for every share of stock set tion. 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 to authorize the governor to incorporate a company for making an artificial road, from a point on the Stoystown and Greensburg turnpike road, between Ligonier and Laughlinstown, in the county of Westmoreland, to a point about five miles from the borough of Somerset, on the Somerset and Johnstown turnpike, in Somerset county.' Witness our hands, the day of in the year of our Lord, one thousand eight hundred and ;" and shall thereupon give notice in one or more of the public newspapers,

Form of subscrip

scription.

Notice of sub-printed in Westmoreland and Somerset counties, for one calendar month at least, of the times and places in the said counties, when and where the said books shall be opened to receive subscriptions for the stocks of the company, at which respective times and places one of the said commissioners shall attend, and permit all persons of lawful age, who shall offer to subscribe in the said books, in their own name, or in the name of any person or persons who shall duly authorize the same, for any number of shares of twenty-five dollars each, in the 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 weeks, or until said books, so opened, shall have twelve hundred shares of twenty-five dollars each, therein subscribed; and if at the expiration of the said six weeks, the books aforesaid, or either of them, shall not have the respective number of shares aforesaid therein subscribed, the said 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 transfer the commissioners aforesaid shall give such public notice as occasion may require; and when the whole number of shares subscribed in all the books shall amount to twelve hundred shares, the same shall be closed: Provided always, That every person offering to subscribe in the said books, in his own name, or in the name of any other person, shall previously pay to the attending commissioner the sum of one dollar for every share to be subscribed, out of which shall be defrayed the expenses attending the taking of such subscription, 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 chosen as hereinafter mentioned.

Proviso.

Name.

vileges.

SECTION 2. That when twenty or more persons shall have subscribed one hundred or more shares of the said stock, the commissioners shall certify under their hands and seals, the names of the subscribers, and the number of shares subscribed by each, to the governor ; and thereupon it shall and may be lawful for the governor, by letters patent, under Letters patent. his hand and the seal of state, to create and erect the subscribers, and if the said subscription be not full at the time, then also, those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate, by the name, style and title of the "Ligonier and Somerset turnpike road company," and by the same name 'the subscribers shall have perpetual succession, and all the privileges and franchises incident Powers and pri- to a corporation; and shall be capable of taking and holding their 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, transferring and conveying, in fee simple, or for any lesser estate, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary to them in the prosecution of their works; and of suing and being sued; and of doing any other matter or thing which a corporation or body politic may lawfully do: Provided always, That if the company incorporated by this act shall at any time issue any note or notes in the nature of bank notes, or shall transact any business in Banking prohibi- the nature or manner of banking, then, and in either of those cases, their chartered privileges shall cease and revert to this commonwealth.

Proviso.

ted.

SECTION 3. That the commissioners, as soon as may be after said letters patent shall be sealed and obtained, shall give notice in one or more newspapers, printed in Greensburg and Somerset aforesaid, of

a time and place by them to be appointed, not less than thirty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize, and shall choose by a majority of Organization. votes of the said subscribers, by ballot, to be delivered in person, one president, six managers, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company, for Officers. one year, and until such other officers be chosen; and the said managers so chosen and their successors shall and may make such by-laws, rules, orders and regulations, not inconsistent with the constitution and By-laws. laws of this state or of the United States, as shall be necessary for the well ordering of the affairs of the said company; and shall have power to lay out, construct and complete a turnpike road from a point on the Stoystown and Greensburg turnpike road, between Ligonier and Laughlinstown, to a point about five miles north of the borough of Somerset, on the Somerset and Johnstown turnpike road, in Somerset county, and shall have like powers, authorities and privileges necessary for carrying on and completing 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 &c. and granted to the president, managers and company of the Pittsburg and Greensburg turnpike road by the several acts of this commonwealth: Provided, That if the said company shall not proceed to carry on the Proviso. said work within five years after the passage of this act, or shall not, within twenty years afterward, complete the said road according to the

Restrictions, tolls

true intent and meaning of this act, in either of those cases it shall and Commencement may be lawful for the legislature of this commonwealth to resume all and completion. and singular the rights, privileges, liberties and franchises by this act

granted to said company.

WHEREAS, In a law passed for laying out a state road from Drake's State road from ferry, in Huntingdon county, to the Maryland line, in Bedford county, Drake's ferry to near the Tonallaway meeting house, several important points have Maryland line. been omitted: Therefore,

SECTION 4. Be it enacted, That the commissioners appointed to lay Certain points out said road shall have regard to the following points: from Fort Littleton named. to strike the township road at D. Latheron's hill, from thence to Licking creek bridge, and from thence to the point mentioned in the law.

SECTION 5. That the managers of the Royer's Ford bridge com- Royer's Ford pany are hereby authorized to receive the same amount of toll for bridge company. sleighs, as the said company are now entitled to receive for other Tolls. pleasure carriages.

SECTION 6. That from and after the passage of this act, the election Derrstown and for officers and directors of the Derrstown and Youngmanstown turn- Youngmanstown pike road company shall take place on the first Monday of March, in turnpike, election each and every year hereafter, instead of the first Monday of June. changed.

SECTION 7. That from and after the passage of this act, the West West Chester Chester railroad company shall only pay on the state railroad the same railroad company, rate of tolls on passengers and passenger cars, as had been paid by said tolls to state railcompany prior to the first day of January last past, and the said com-road. pany shall settle and pay all tolls monthly to the collector of tolls at Paoli or Philadelphia.

Commissioners

SECTION 8. That James Black, Robert Mitchell, Jesse Beaver, state road from Thomas Cochran and Mitchel Steerier, of Perry county, be and they Rider's ferry to are hereby appointed commissioners to view and lay out a state road Millerstown from Rider's ferry to the west end of the Millerstown bridge, so as to bridge, appointed.

Duty of commissioners.

Mark route.

intersect the said bridge road at Millerstown, Perry county, by the nearest and best route between said points.

SECTION 9. That it shall be the duty of said commissioners respectively, or a majority of them, after taking and subscribing an oath or affirmation before a justice of the peace, to perform the duties enjoined upon them by this act with impartiality and fidelity, to carefully view the ground over which said road may pass, and to lay out the same as near to a straight line between the aforesaid points as the nature of the ground will permit, so that the vertical departure from a horizontal line shall at no point exceed five degrees, except only at crossing ravines and streams, when by a moderate filling or bridging the declination of the said road it may be preserved within that limit.

SECTION 10. That it shall be the duty of said commissioners, respectively, plainly and distinctly to mark the ground on the route agreed upon for the road aforesaid, in such manner as to enable the supervisors readily to find the same; and for the purpose of fulfilling the duties in this act enjoined, the commissioners respectively are hereby authorized to employ one surveyor at a per diem allowance not Surveyor's pay, exceeding two dollars, and two chain carriers at a per diem allowance

&c.

Draft of road.

When deposited.

Accounts, how settled.

Vacancy.

not exceeding one dollar and twenty-five cents; and the said commissioners respectively shall receive a per diem allowance not exceeding two dollars for each and every day necessarily spent in the discharge of the duties enjoined by this act, to be paid in manner and form as hereinafter directed.

SECTION 11. That it shall be the duty of said commissioners to make out a fair and accurate draft of the location of said road, noting thereon the courses and distances as they occur, the improvements passed through, and also the crossing of township lines, roads and waters, with such other matters as may serve for explanation, one copy whereof shall be deposited in the office of the secretary of the commonwealth on or before the first day of January next, and one copy in the office of the clerk of the court of Perry county, on the day aforesaid, or as much sooner as practicable, which shall be a record thereof; and from thenceforth the said road shall be to all intents and purposes a public highway, and shall be opened to the breadth and repaired in all respects as roads are opened and repaired which are laid out by order of courts aforesaid.

SECTION 12. That the accounts of said commissioners, for their own pay and the pay of surveyors, chain carriers, et cetera, shall be made out and returned to the commissioners of Perry county, which shall be paid by orders drawn by the county commissioners on the treasury of the respective county.

SECTION 13. That the said commissioners shall meet on or before the first Monday in June next, or as soon thereafter as practicable, and complete the review of said road as soon as practicable; and if any vacancy or vacancies shall happen, by resignation or otherwise, the court of quarter sessions of Perry county shall fill said vacancy or vacancies by the appointment of suitable persons, who shall perform said duty.

HENDRICK B. WRIGHT, Speaker of the House of Representatives.

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APPROVED-The sixth day of September, one thousand eight hun-*

dred and forty-three.

DAVID R. PORTER.

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