Tailroad of the width of the Baltimore and Ohio, and Columbia and Philadelphia railroad, from a convenient point or points in the line of the state, bounding on Washington county, in the state of Maryland, to be connected Point of conwith the Baltimore and Ohio railroad, at or near Hagerstown nection. or Williamsport, or as near thereto as may be, if the railroad last aforesaid shall be made through or near to the said town, or between the same and the ravine of the Potomac river; but if the Baltimore and Ohio railroad shall be constructed along the said ravine, between the south mountain and Williamsport, then to be connected with the said railroad, either at or near Hagerstown or Williamsport, or between Hagerstown or Williamsport and the north mountain, in the ravine of said river, and shall also have granted the state of Pennsylvania, or to such person or persons, or company, as may be appointed or incorporated by the state of Pennsylvania, for the purpose of constructing the railroad to be connected with the Baltimore and Ohio railroad as aforesaid, like powers and privileges for the construction, control, use, repair and preservation of the railroad, and the necessary appurtenances, to be made and connected within Maryland, as aforesaid, to those which were given to the Baltimore and Ohio railroad company, for the construction, control, use, repair and preservation of the main track or route of its railroad, and all necessary appurtenances, nor until the Baltimore and Ohio railroad company shall have agreed and stipulated to allow the said connexion with its main road, to be made in manner aforesaid, if such consent be necessary, nor in any event, until the said company shall have agreed and stipulated to extend equal facilities to those given gene- Equal facil rally on its main railroad, and to make no higher or other ties and charges for charges per mile for the transportation of persons or things transportapassing on its main railroad, toward or from the railroad tion, which shall be made from the line of this state, and connected with said main railroad, than shall be at the same time made or charged for the transportation of like persons and things, in the like direction; that is to say, eastwardly or westwardly respectively, when passing over the whole Rates of line or length of the railroad of said company, so long as the charge for transporting like persons and things, towards or from the Baltimore and Ohio railroad, along the whole line of the railroads constructed by authority derived from the state of Pennsylvania, on which such persons and things may be transported, shall not be less per mile than is at the same time charged per mile for the transportation of like persons and things on so much of the Baltimore and Ohio railroad as is situate eastwardly of the aforementioned point of connexion with the said Baltimore and Ohio railroad, and whenever the charge for transporting like persons and things toll. of tolls. towards or from the said point of connexion, shall be less on the railroads constructed by authority derived from the state of Pennsylvania, then to charge for transporting persons and things passing to or from said connecting railroad, on that Regulation portion of the railroad of the Baltimore and Ohio railroad. company, situated westwardly of said point of connexion in which the said transportation shall occur, only such rates of tolls and transportation per mile, on such persons and things per mile, eastwardly or westwardly respectively, as much as the rates shall have been per mile below said uniform rates for transporting like persons and things, when proceeding to. or from the Baltimore and Ohio railroad, on the railroads constructed by authority derived from the state of Pennsylvania, and on which such persons and things may pass, either towards or from the railroad of the Baltimore and Ohio railroad company: And if any railroad or railroads constructed in Pennsylvania shall connect with the Baltimore and Ohio railroad, under the provisions of this act, the same rules respecting the regulation of tolls and charges on persons and things passing on the Baltimore and Ohio railroad, to and from the said connected railroad, shall be observed on the said Pennsylvania railroads, that are stipulated by this act to be observed on the said Baltimore and Ohio railroad, with respect to persons and things passing on the said Pennsylvania railroads, to and from the said Baltimore and Ohio railroad; and any railroad company, to entitle it to the benefits of this act, shall agree and stipulate to observe the said rules respecting the regulation of tolls on persons and things passing the railroads of said companies, to and from the said 3d Proviso. Baltimore and Ohio railroad: Provided further, That if at any time a company should be incorporated, or if the commonwealth should undertake to construct a cana! from Columbia to the Delaware river, or bay, or any of the tributaries thereof, said company or commonwealth shall be at liberty to commence said improvement at the dam contemplated to be constructed by the company incorporated by this act, on the east side of the Susquehanna river, and shall be allowed the privileges of using the waters of said dam for all purposes necessary to the establishment of navigation by canal, that in case the said company in pursuance of the authority given by this act, shall determine to construct a dam across the river Susquehanna, at any point below the Columbia bridge, it shall be the duty of the said company to submit Plan of dam the plan of said damn to the board of Canal Commissioners, to be appro- or to an engineer, to be appointed by them for that purpose; ved by Canal and nothing in this act shall be so construed as to permit the Commissionsaid company to commence the construction of said dam, until the said commissioners or engineer so to be appointed shall approve the same, and shall certify to the Governor that the construction of said dam will not injure, or in any ers and Engineer. wise endanger the Columbia bridge: Provided also, That if 4th Proviso. the said canal should be continued under the authority of the state of Maryland, or otherwise, from the state line to tide, by the said Susquehanna canal company, or its stockholders, or any of them, then the commonwealth of Pennsylvania shall have the same right to purchase all the interest and Right of Pennsylva property of said company, or stockholders, in and to said nia to pur continued canal, within the state of Maryland, as it has to chase the purchase that portion being within the state of Pennsylvania; canal and the said owner or owners of said prolonged canal shall not be at liberty to refuse such offer to purchase, if made to them, under penalty of forfeiting to this commonwealth_all their interest in the said canal lying within this state: Provided, that no purchase of said prolonged canal shall be made until after the expiration of fifteen years from the comple- After fifteen tion thereof, or as mentioned in the third section of this years. act. the Dividends not to exceed SECTION 2. If at the expiration of two years after the aid canal shall have been completed, the tolls should enable company, after paying all repairs and other expenses, to divide more than fifteen per cent. per annum on the capital stock expended, then, and in such case, the tolls shall be so 15 per cent. reduced that the dividend shall not exceed fifteen per cent., and shall so continue for five years; and if after the expiration of that time they shall exceed fifteen per cent., they shall be so reduced as not to exceed fifteen per cent., and after that period shall be so regulated, from time to time, as not to exceed fifteen per cent; and if at any time after the completion of the said work, it shall be found that the nett Tolls may be proceeds aforesaid shall not amount to six per cent. upon the raised so as money expended, it shall be lawful to raise the said tolls so to divide 6 as to divide six per cent., and the said company shall pay annually into the treasury of the commonwealth, a tax of Tax. eight per centum on all dividends which may exceed six per centum on the capital stock actually paid in: Provided, Proviso. That nothing herein contained shall be construed to repeal that part of the tenth section of the act to which this is a supplement, or regulating the amount of tolls. per cent. SECTION 3. This commonwealth may exercise the right of Right of purpurchase of the said canal from the said company, in accord- chase. ance with the provisions of the twentieth section of the act of incorporation, or in such manner as the legislature may Proviso. hereafter designate: Provided, The money expended, and the interest thereof, as specified in the twentieth section of 2d Proviso. the act to which this is a supplement, is paid: And provided, That no purchase, as aforesaid, shall be made till after the expiration of fifteen years from the completion of the said work. SECTION 4. If any stockholder in said company, who shall refuse to assent to the provisions of the charter as modi fied by this act, shall make affidavit that he subscribed for the said stock on the ground that the said canal should be Subscribers constructed on the west side of the river, such subscriber not liable. shall not be held liable for payment of the balance of his subscription, and shall be entitled to have the money paid by him on account of his subscription, refunded by the said company: Provided, Such affidavit be made and forwarded to the treasurer of the company within three months from the passage of this act. Proviso. Outlet lock de Grace. connected with the Conestoga navigation. SECTION 5. The said Susquehanna canal company shall near Havre at all times keep an outlet lock, at or near Haverdegrace, in complete order and repair, through which an easy and free passage may be had for boats, from the said canal to the Chesapeake bay; (and no tolls shall be charged by the said company on any ark, raft, boat or other craft, or its cargo, Canal to be ascending or descending the said locks, for the use thereof;) and the said company shall connect their said canal with the Conestoga navigation, so as to secure a safe and easy from the one to the other, and shall keep the same passage in repair: Provided, That the Conestogo navigation com pany shall put and keep the said in good repair, and in such condition as to admit of the easy ascent and descent of canal boats and other craft, to and from the city of Lancaster: 2d Proviso. And provided, That no damn shall be made in the river in forming such connection, exceeding three feet in height, and the same shall be sloped, and a schute formed in the said dam, in the same manner and of the same dimensions as is herein directed with respect to the Columbia dım: Provided, The same shall not injure the descending navigation of the Susquehauna. Proviso. 3d Proviso. Proviso rela privilege. SECTION 6. And provided, That any rights, privileges or tive to Wm. property, which William Wright may have conferred upon Wright's him by virtue of an act of assembly, passed the eleventh day of February, one thousand eight hundred and three, entitled "An act authorizing William Wright to lead off and use part of the waters of the Susquehanna, on his own land in York county," if injured or interrupted by the location or construction of the dam or canal hereby authorized, any damage which may be sustained by him in consequence Damage,how thereof, shall be ascertained and determined, as directed by ascertained. the eighth section of the act to which this is a supplement, in other cases of damage. NER MIDDLESWARTH, Speaker of the House of Representatives.. APPROVED-The twenty-first day of March, Anno Dom ini, one thousand eight hundred and thirty-six. JOS: RITNER.. No. 51. An Act Relative to limited partnerships. 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 limited partnerships for the transaction of any agricultural, mercantile, mechanical, mining and transporting of coal, or manufacturing business, within this state, may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed; but the provisions of this act Banking and shall not be construed to authorize any such partnership for insurance the purpose of banking or making insurance. prohibited. SECTION 2. Such partnerships may consist of one or more General and persons, who shall be called general partners, and who shall special partbe jointly and severally responsible as general partners now ners. are by law, and of one or more persons who shall contribute in actual cash payments, a specific sum as capital to the common stock, who shall be called special partners, and who shall not be liable for the debts of the partnership beyond the fund so contributed by him or them to the capital. SECTION 3. The general partners only shall be authorized to transact business and sign for the partnership, and to bind the same. SECTION 4. The persons desirous of forming such partnership shall make and severally sign a certificate, which sha!! contain: General part ners only to act. A certificate I. The name or firm under which such partnership is to be to containconducted. II. The general nature of the business intended to be transacted. II. The names of all the general and special partners interested therein, distinguishing which are general and which are special partners, and their respective places of residence. IV. The amount of capital which each special partner shall have contributed to the common stock. V. The period at which the partnership is to commence, and the period at which it will terminate. SECTION 5. The certificate shall be acknowledged by Certificate te the several persons signing the same, in the manner, and be acknowl before the same persons, that deeds are now acknowledged, edged. |