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Mill Creek and Mine Hill railroad, then, and in such case, the said
company shall have the privilege of uniting and connecting their road
with either of said roads, as may be deemed most expedient: Provided
also, That the said railroad shall not, except in deep cuts and fillings, or
at points selected for depots or engine and water stations, exceed four
rods in width, and that it shall not pass through any burying ground or Width.
place of public worship, or any dwelling house, without the consent of

the owner thereof: Provided, That this road shall not connect with Connection.
the road of the Mine Hill and Schuylkill Haven railroad company, with-
out the consent of said company, nor shall it run parallel with said road,
at any point or points within one mile of the same, without the consent
of said company.

SECTION 12. That the said president and managers shall have full Power to enter
power and authority by themselves, or their superintendents, engineers, upon land to con-
artists and workmen, to enter in and upon, and occupy all land on struct road.
which the said railroad or its depots and warehouses may be located,
or which may be necessary for the erection of its engine and water
stations, weigh scales, or any other purpose necessary or useful in the
construction and repairs of the said railroad, and therein to dig and
embank, make and construct the same: Provided, The said company

shall first make compensation to the owner or owners of the ground, Mode of compenand materials and property so taken and occupied, as aforesaid, or give sation. adequate security therefor; but if the parties cannot agree upon the compensation to be made to such owner or owners, it shall and may be lawful for the parties to appoint five suitable, judicious and disinterested persons, of the counties of Northumberland and Schuylkill, who shall be under oath or affirmation, and who shall reside within the counties of Northumberland and Schuylkill; and if they cannot agree upon such persons, then either of the parties, after giving twenty days' notice to the other, may apply to the court of common pleas of the county in which the land may lie, and the court shall award a venire, directed to the sheriff, to summon a jury of judicious and disinterested persons from the said counties, in order to ascertain and report to the said court, what damages, if any, have been sustained by the owner or owners of the said ground, by reason of the construction of the said railroad through the same, which said jury of valuers, being duly sworn or affirmed, and having viewed the premises, shall proceed to estimate the quantity and quality of the land occupied by the said railroad, and all other inconveniences which may be likely to result therefrom, to the said land; and under the influence of these considerations, and a just regard to the advantages which may seem likely to result to the owner or owners of said land, from the opening of the said railroad through the same, to make their assessment, and report to the court, which report being confirmed by the said court, judgment shall be entered thereon, and execution may issue in case of non-payment for the sum awarded; and the expenses incurred by the appraisers or jury, shall be defrayed by the said railroad company: Provided, That either party may appeal to the court within thirty days after such report may have been filed in the prothonotary's office of the proper county, in the same manner as appeals are allowed in other cases: And provided also, That if any person or persons, owning land or any other property, which shall be affected by this act, be feme coverts, under age, non compos mentis, or out of the state, then, and in either of the cases, the president and managers of the company, and at the cost and charges of the said corporation, shall, within one year after the construction of the railroad through the said land, represent the same to the court of common pleas of the county where the lands lie, as the case may be, who shall proceed

Power to procure materials.

Lateral railroads.

Proviso.

Causeways and bridges.

Owners of land

with causeways or bridges.

thereon in the same manner, and to the same effect as directed by this
act in other cases.

SECTION 13. That the president and managers, by and with their superintendents, engineers, artists, workmen and laborers, with their tools, instruments, carts, wagons and other carriages, and beasts of draught and burden, may enter upon the lands contiguous and near the said railroad, first giving notice to the owners or occupiers thereof, and from thence to take and carry away timber, stone or gravel, sand or earth, doing as little damage thereto as possible, and repairing any breaches they may make in the enclosures thereof, and making amends for any damage that may be done thereon; the amount whereof, if the parties do not agree, shall be assessed as hereinbefore mentioned in this

act.

SECTION 14. That the company shall not prevent any person or persons, being the owner or owners of land bordering on the said railroad, or in the vicinity thereof, or adjacent thereto, from making such lateral railroads, and to connect them with the said railroad from their said lands, as the said person or persons may wish, for the purpose of transporting their coal or produce on said railroad: Provided. That all such connections of lateral roads are to be made at the expense of the person so wishing to connect, and according to the direction and approval of the engineer or managers of said railroad company, so as not to obstruct or endanger the free travel on the main road: And provided also, That any person or persons owning such coal or produce, shall have the privilege of transporting the same on said railroad in their own cars, subject to the rules and regulations of said company.

SECTION 15. That the said railroad shall be so constructed as not to impede or obstruct the free use or passage of any public road or roads, which may cross or enter the same; in all cases where the said railway may cross or in any manner interfere with any existing public road, canal or slack water navigation, the said company shall make or cause to be made, as soon as conveniently may be, a good and sufficient causeway or causeways, to enable all persons passing or travelling such public roads, canal or slack water navigation, to cross or pass over or under said railroad; and if the company shall neglect or refuse to keep such way or causeways in good repair, they shall be liable to a penalty of ten dollars for every day the same shall be so neglected or refused to be repaired, to be recovered by the supervisors of the township, with costs, for the use of the township, as debts of like amount are by law recoverable, and shall moreover be liable to all actions at the suit of any person who may be aggrieved thereby.

SECTION 16. That for the accommodation of all persons owning or to be furnished possessing land through which the said railroad may pass, it shall be the duty of the said company to make, or cause to be made, a good and sufficient causeway or causeways, wherever the same may be necessary to enable the occupant or occupants of said lands to cross or pass over or under the same, with wagons, carts and implements of husbandry, as occasion may require; and the said causeway or causeways, when made, shall be maintained and kept in good repair by said company; and if the said company shall neglect or refuse, on request, to make such causeway or causeways, or when made to keep the same in good order, the said company shall be liable to pay any person aggrieved thereby; all damages sustained by such person, in consequence of such neglect or refusal, to be sued for and recovered before any magistrate or court having cognizance thereof: Provided, That the said company shall in no case be required to make or cause to be made more than one causeway through each plantation or lot of land, for the accommoda

Proviso.

tion of any one person, owning or possessing land through which the said railroad may pass; and where any public road shall cross said railroad, the person owning or possessing land through which such public road shall pass, shall not be entitled to require the company to erect or keep in repair any causeway or bridge, for the accommodation of the occupant of said land: Provided further, That in the event of any private bridge or causeway being converted to public use, so as to be made to accommodate a public road, laid out subsequent to the passage of this act, then and in such case the company shall be forever thereafter exonerated from the duty of keeping the said bridge or causeway in repair.

SECTION 17. That no suit or action shall be prosecuted by any per- Suits. son or persons, for any penalties incurred under this act, unless such suit or action shall be commenced within twelve months next after the offence committed, or the cause of action accrued; and the defendants in any 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 18. That in all suits or actions brought against the said Service of procompany, the service of process on the president, secretary, treasurer, cess. engineer, agent, or any manager of the company, shall be as good and

available in law, as if made on the president thereof.

SECTION 19. That if any person or persons shall wilfully or know- Penalty for iningly break, injure or destroy, the railroad hereby authorized, or any juring road. part thereof, or any work, edifice or device, or any part thereof to be erected by the said company in pursuance of this act, he, 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 full costs, before any tribunal having cognizance thereof, by action in the name and for the use of the said company.

SECTION 20. That if any person or persons shall wilfully or mali- Penalty for inciously, remove or destroy any of the company's constructions, or place juring works. designedly and with evil intent, any obstruction on the line of the railroad, so as to jeopard the safety and endanger the lives of persons travelling the same, such person or persons so offending, shall be deemed guilty of misdemeanor, and shall be adjudged on conviction, to be imprisoned in the Eastern penitentiary of Pennsylvania, for a term not more than two years: Provided, That nothing herein contained shall prevent the company from pursuing any other appropriate remedy at law in such cases.

SECTION 21. That it shall and may be lawful for the president and Regulations. managers, from time to time, to ordain and establish rules and regulations for the due ordering of all travelling and transportation on the said road, and for its preservation, with power to alter, repeal, enlarge or amend, the said rules and regulations, as they may deem expedient; and that they shall have full power and authority to prescribe the kinds and descriptions of cars, carriages or wagons, to be used on the said Cars. road, for the conveyance of passengers and the transportation of the mails, or of goods, wares, merchandize and minerals, and to regulate the speed at which they shall travel, and to adopt and enforce such rules and regulations, in relation to the transit thereof, as they may deem expedient; and the said company are hereby authorized and empowered, as soon as any portion of the said railroad is perfected, to place thereon, cars, carriages or wagons, constructed as they may deem best adapted for the transportation of mails, passengers and commodities, to the advantage of the public, and shall permit individuals to place such cars, carriages or wagons, thereon, of such construction and under such limitations and restrictions, as they may deem proper; and the said

Nett profits.

Statement of affairs.

Commencement and completion limited.

Increase of stock.

Abstract account.

Legislative reseration.

company is hereby authorized to charge and take toll for freight and transportation, of passengers, goods, wares, merchandize and minerals, at rates as follows, viz: On goods, wares, merchandize, property or minerals, transported on said railroad, any sum not exceeding two cents per ton per mile, for toll; and two cents per ton per mile, for transportation; and for the transportation of passengers, not exceeding three cents per mile for each passenger.

SECTION 22. That in declaring the semi-annual dividend, as provided for in the tenth section of this act, of the nett profits arising from the resources of said company, after deducting the current contingent expenses, it shall be found that said nett profits exceed fifteen per cent. per annum, on the capital expended, then the toll shall be so reduced as to keep the per centage below that amount.

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SECTION 23. That at each annual meeting of the stockholders, the president and managers of the preceding year shall exhibit to them complete statement of the affairs and proceeding of the company for such year, and that special meetings of the stockholders may be called by order of the president and managers, or by the president, at the request of the stockholders holding one-fourth of the amount of the capital stock, after giving such notice as hereinbefore required for annual meetings, specifying moreover, the object of the meeting; but no business shall be transacted at such meetings, except that for which it shall have been called, nor unless a majority in value of the stockholders shall attend in person or by proxy.

SECTION 24. That if the president and managers and company shall not proceed to carry on the said work within three years, from the passage of this act, and shall not complete the same within seven years as aforesaid, according to the true intent and meaning of this act, or if after the completion of the said road, the said company shall suffer the same to go to decay, and be impassable for the term of two years, then this charter shall become null and void, except so far as compels the said company to make reparation for damages.

SECTION 25. That if any increase of the capital stock shall be deemed necessary by the stockholders to improve or complete the said road, it 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 the said company shall not exceed fifteen hundred thousand dollars, and to receive and demand the moneys for shares so subscribed, in like manner and under like penalties, as are hereinbefore provided for the original subscription, or as shall be provided for by their by-laws.

SECTION 26. That at the end of the third year after the charter shall be obtained, and at the end of every year thereafter, there shall be furnished to the legislature an abstract of the account of the company, showing the amount of capital paid in, and the debts of the said company, the amounts received for toll and transportation and rates charged, and amount of dividends declared; which abstract shall be verified by the oath or affirmation of the president or treasurer of said company.

SECTION 27. That if the said company shall at any time misuse or
abuse any of the privileges hereby granted, the legislature may resume
all and singular the rights and privileges hereby granted to the said cor-
poration.
JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-seventh day of April, one thousand eight

hundred and forty-four.

DAVID R. PORTER.

No. 296.

AN ACT

To authorize the purchase, mortgage and sale of certain real estate.

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

Mary Rinedollar, surviving executrix of the last will and testament of Executrix of Jacob Rinedollar, late of the Northern Liberties, in the county of Phil- Jacob Rinedollar, adelphia, shipwright, deceased, be and she is hereby authorized to sell to sell real estate. and convey, in fee simple, all the right, title and interest of the said Jacob Rinedollar, deceased, at the time of his death, of, in and to any lands, tenements or hereditaments, situate within the said county of Philadelphia, and to make and execute to the purchaser or purchasers thereof, good and sufficient conveyances and assurances in the law for the same, which said conveyances and assurances shall vest in such purchaser or purchasers, all the estate, right, title and interest, in law and equity, which the said Jacob Rinedollar, at and immediately before his death, had and held in the same, as fully and completely, and with like effect, as if the said conveyances and assurances had been made and executed by the said Jacob Rinedollar in his lifetime; and the moneys arising from such sale shall be appropriated by the said executrix, agreeably to the last will and testament of the said Jacob Rinedollar, deceased: Provided, That the said executrix, before said sale Proviso. be made, shall give bond to the commonwealth, for the use of the persons interested, with such sureties and in such penalty, as the orphans' court of said county shall approve, conditioned for the faithful performance of the duties herein prescribed, and the appropriation of the proceeds of said sale according to said will; but no deed shall be executed for said estate, until the sale hereby authorized shall be approved by the court.

SECTION 2. The burgess and town council of the borough of Lew- Borough of Lewistown are hereby authorized and empowered to purchase a lot in said istown, to purborough, for the purpose of erecting a market house and town hall chase real estate. thereon; and for this purpose to receive a deed of conveyance, and to execute under the corporate seal of said borough all the necessary papers for the fulfilment of any contract the said burgess and town council may enter into, in relation to the purchase of said lot and the erection of said buildings; but in case the said burgess and town council should deem it for the interests of said borough that the said buildings should be erected by a company, the court of quarter sessions of Mifflin county, with the concurrence of the grand jury thereof, is hereby authorized to incorporate a company for said purpose, with proper restrictions; and the said burgess and town council and the commissioners of Mifflin county, are hereby authorized to subscribe such sums, under the provisions and restrictions of the charter of incorporation as to them may seem right and proper; and said charter may at any time be altered or annulled by the legislature.

SECTION 3. That upon the petition of Amelia Faucett, surviving Executrix of executrix of the last will and testament of Catharine Lynch, late of the Catharine Lynch borough of Uniontown, Fayette county, deceased, and the legatees to sell real estate.

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