No. 245. AN ACT To authorize the opening of certain drains in the county of Dauphin. WHEREAS, It has been represented to the legislature that certain landholders in Swatara township, in the county of Dauphin, are desirous of Preamble. draining their swamp lands, and are suffering in consequence of other landholders neglecting to open and keep open, good and sufficient drains through their lands: And whereas, The large quantities of stagnant waters now on said lands, not only prevent them from being properly tilled, but are believed to be the source of sickness, occasioned by the noxious vapors arising therefrom; therefore, 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 all the landholders in said Swatara township, whose lands are affected by the said swamp, commencing with the upper line of Joseph Stocker's land. and ending at or near the lower line of Jonas Yarlett's land, at the Susquehanna river, are hereby required to dig, at their individual cost and expense, a good and sufficient drain, not less than six feet wide at the top, nor less than three and a-half feet wide at the bottom, and to keep open the same at all times hereafter, that the objects of this act may be fully accomplished. Drains in Swatara township. SECTION 2. That if any of said landholders shall refuse to comply Expense of openwith the provisions of this act, it shall be the duty of the supervisor of ing drains, how the said Swatara township, then in office, to notify such delinquent collected. landholder of the fact; and if said landholder does not comply with this act, within ten days after such notice, then the said supervisor shall immediately thereafter enter in upon said lands and construct, or if constructed, to cleanse the said drain according to the provisions of this act, the expenses consequent to the construction and cleansing of the said drain to be paid by the said delinquent landholder, to the said supervisor upon the completion of the work; and in case of the refusal of the said delinquent to pay all necessary costs and expenses of the same, then and in such case the said supervisor is hereby authorized to recover the amount of all costs and expenses incurred in opening and cleansing said drains by distress, in the same manner that rents are now recoverable, or by suit before any justice of the peace in the county of Dauphin, in his own name, against such delinquent landholder, together with the costs of suit, in the same manner that debts of like amount are now recoverable; and that so much of any act or acts as is hereby altered or supplied, be and the same is hereby repealed. APPROVED-The twenty-third day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. No. 246. AN ACT Relative to the strects and alleys in the village of Newburg, Cumberland county, 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 hereafter the public ground in the centre of the village of Newburg, in Cumberland county, together with all the streets and alleys in said village, shall be deemed and taken to be public highways, and as such shall be kept open and repaired as other public roads and highways are opened and repaired, by the supervisor of Hopewell township, in the county aforesaid, agreeably to the provisions of existing acts of assembly of this commonwealth: Provided however, nevertheless, That the streets and alleys marked in the general draft of said village, as running into and through the farm land of Philip Koontz, John Carson and Joseph M. Means, shall not be subject to the provisions of this act. SECTION 2. That the fourth section of an act, entitled "A suppleTurnpike from Lewistown to ment to an act to enable the governor to incorporate a company to make Alexander Reed's an artificial road from the court house in the borough of Lewistown, to in Kishacoquillas Alexander Reed's, in Kishacoquillas valley, and for other purposes,' valley. approved the eleventh day of April, one thousand eight hundred and forty-four, be and the same is hereby repealed. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-third day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. No. 247. AN ACT. To authorize the governor to incorporate the Lock Haven turnpike road company, in Clinton 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 Fleming, Robert M'Cormick, John Myers, Nathaniel Hanna, William Commissioners. M. Patterson, Joseph Hanna. Hugh Devling, Isaac Lusk, Jeremiah Church, John Smith, of Bald Eagle, John Morehead, John C. Irwin, James Cascaden, William Fearin, junior, Abraham Grafius and James Jeffries, Saul M'Cormick and John S. Furst, of the said county of Clinton, 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 November next, procure one or more books, and enter in each of them as follows: We, whose names are hereunto subscribed, do Form of subscrippromise to pay unto the president and managers of the Lock Haven turn- tion. pike road company, the sum of twenty dollars, for every share of stock set opposite 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 Witness our this commonwealth, entitled "An Act to authorize the governor to incorporate the Lock Haven turnpike road company." hands and seals the teen hundred and forty day of in the year of our Lord eigh; and shall thereupon give notice in one or more of the public papers, printed in the borough of Lock Haven, for one month at least, of the times and places when and where the said books shall be opened to receive subscriptions for the stock of the said Subscriptions. company, at which respective times and places some 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 or names of any other person or persons who shall duly authorize the same, for any number of shares 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 days, or until said books, so opened, shall have two hundred and fifty shares therein subscribed; and if at the expiration of the said six days, 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 public notice, as occasion may require; and when the whole number of shares subscribed in all the said books shall amount to two hundred and fifty shares, the same shall be closed. SECTION 2. That when ten or more persons shall have subscribed Shares. Letters patent. Privileges and franchises. Organization. Officers. Proviso. By-laws. Power to enter on lands. 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 also those who shall afterwards subscribe, to the number aforesaid, into one body politic and corporate, by the name, style and title of the Lock Haven 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 and holding their said capital stock, and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, and in such a manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent and meaning of this act; and of purchasing, taking and holding to them, their suc cessors and assigns, and of selling, transferring and conveying, in fee simple, or for any less 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 doing every other matter and thing which a corporation or body politic may lawfully do. SECTION 3. That the commissioners, as soon as may be, after the said letters patent shall be sealed and obtained, shall give notice in one or more newspapers printed in Lock Haven, 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 the said corporation, and shall choose by a majority of votes of the said subscribers, by ballot, to be delivered in person or by proxy duly authorized, one president, four managers and a treasurer, and such other officers as they shall think necessary to conduct the business of the said company for one year, and annually afterwards, the said company shall, in like manner, elect officers as aforesaid, to conduct the affairs of the said company: Provided always, That no person shall be elected an officer of the said company, who does not own stock therein; and the said managers so chosen, and their successors, shall and may make such by-laws, rules, orders and regulations, not inconsistent with the laws of this commonwealth, as shall be necessary for the well ordering the affairs of the said company; and shall have power to lay out, construct and complete, a turnpike road from the borough of Lock Haven, aforesaid, to the Bald Eagle bridge, at or near Flemington, in the said county of Clinton, as is hereinafter directed; and the said president and managers, their superintendents, surveyors and chain bearers, shall enter into and upon all and every the lands, tenements and inclosures, in, through and over which the said intended turnpike road may be thought proper to pass, and to examine the ground most proper for the location of said road, and to survey, lay down, ascertain, mark and fix such route or track for the said road, as will combine shortness of distance, with the most eligible ground for the same. Damages, how SECTION 4. It shall and may be lawful for the president and managers assessed and paid. of the aforesaid company, by and with their superintendents, engineers, artists and laborers, with their tools and instruments, carts, wagons and beasts of burthen, to enter upon the lands, in, over, contiguous and near to, which the route and track of the said intended road shall pass. first giving notice of their intention to the owners thereof, and doing as little injury thereto as possible, and to cut down, dig, take and carry away any timber, stone, gravel, sand, earth or other material, there being, most conveniently situated for making or repairing the said road, on paying to the owner or owners of such material, such sums of money as may be just and right; but if they cannot agree upon the price there of, then the parties shall amicably choose three disinterested freeholders, who, or a majority of whom, shall appraise the damages aforesaid, and upon a tender of the damages assessed to the party complaining, if he or they refuse to accept the amount so tendered, the party so complaining, shall have liberty to bring a suit or suits before any justice of the peace, or in the proper court of common pleas, and prosecute the same as in other cases: Provided always, That if the judgment so obtained, Proviso. shall not exceed the amount tendered by the defendant as aforesaid, then the person or persons bringing such suit or suits, shall pay all costs. and fifty cents per day to the party or parties in attendance on such suit. SECTION 5. The said president and managers shall cause the said Width. turnpike road to be laid out, not exceeding fifty feet in width, unless in such places where the nature of the ground may render a greater width expedient, and shall cause twenty-five feet thereof in breadth, at least, to be made an artificial road, which shall be bedded with stone, gravel or other proper and convenient materials, well compacted together, and of a sufficient depth to secure a solid foundation; and that all stone on said road shall be broken sufficiently small to pass through a two inch ring; and the said road shall be faced with gravel, or other small hard substance, in such manner as to secure a firm, and as nearly as the country and the materials will admit, an even surface, rising towards the middle, by a gradual arch, and shall hereafter keep the same in perfect order and repair. SECTION 6. That so soon as the said company shall have completed the said road from Lock Haven to the Bald Eagle bridge, at or near Flemington, as aforesaid, they shall give notice thereof to the governor of this commonwealth, who shall thereupon, forthwith nominate and appoint three competent persons to view and examine the same, and Viewers. report to him whether the said road is made and completed according to the true intent and meaning of this act; and if their report shall be in the affirmative, then the governor shall, by license under his hand, and License. the lesser seal of the commonwealth, permit and suffer the president and managers of the aforesaid company to erect and fix such and so many gates or turnpikes upon and across the said road, as will be Gates. necessary and sufficient to collect the tolls and duties hereinafter granted to the said company, from all persons travelling on the same with horses, oxen, mules, carriages, or driving neat cattle and swine. SECTION 7. As soon as the said company shall have completed the Tolls. aforesaid road, and the same shall have been examined, approved and licensed as aforesaid, agreeably to the true intent and meaning of this act, it shall and may be lawful for them to appoint such and so many toll gatherers as they shall think proper, to collect and receive of and from all and every person and persons using the said road, the same tolls and rates in proportion to the distance as is now charged and received by the Bald Eagle, Nittany and Brush Valley turnpike road company, in Clinton and Centre counties, and to stop any person or persons, riding, leading or driving any beast of burden, neat cattle, swine, or any teamster driving wagons, sleds, sleighs or carriages of any description, from passing through the said gates or turnpikes, until they respectively have paid the same; and if at the end of one year after the completion of the said road, the average profits arising from tolls received on the same, will not bear a dividend of six per centum Dividends. on the whole capital stock of the said company, so expended, then it shall and may be lawful for the president and managers of such company |