Penalty for exacting more than the lawful

toll.

Proviso.

Ferries and shad fisheries.

Proviso.

Dividends.

Banking and insurance

prohibited.

State of New

privity, or consent, shall collect or demand any greater prices or compensation for passing over the said bridge than is hereinbefore prescribed and specified, or shall in any instance when the said bridge shall be out of repair, neglect to repair the same, for any greater length of time than shall be reasonably requisite for that purpose, he, she or they so offending, shall for every such offence forfeit and pay the sum of thirty dollars, one-third part thereof for the use of the poor of the county of Pike, in Pennsylvania, and onethird part thereof for the use of the poor of the county of Orange in the state of New York, and the other third part thereof for the use of person or persons who may sue for the same: Provided always, That no such suit or action shall be brought or maintained, unless the same shall be commenced within thirty days after such offence shall be committed.

SECTION 14. The said president and directors shall have power to agree with the owner or owners of any ferries or shad fisheries that may be injured by the erection of said bridge, and to compensate him or them for any damages he or they may thereby sustain; and if they cannot agree with such owner or owners, then and in such cases, the damages shall be ascertained and paid in the same manner as is provided for in the ninth section of this act: Provided, That no person shall receive any compensation for ferrying at any ferry which shall have been purchased and paid for by the said company, after the said bridge shall have been completed.

SECTION 15. The said president and directors shall keep a just and true account of all monies received by them, or their respective collectors of tolls, or other agents, for crossing the said bridge, and shall at stated periods, make and declare a dividend or distribution of such monies among all the stockholders of said company, first deducting from the amount all contingent costs and charges, and such proportion of said income as may be deemed necessary for a growing fund. to provide against the decay and for the rebuilding and repairing of said bridge, and shall, on the first Monday of May and November in each and every year, publish dividend to be made of the clear profits among the stockholders, with notice of the time and place when and where the same will be paid, and shall cause the same to be paid accordingly.

the

of

SECTION 16. The said company shall not employ any their funds in any banking or insurance company, nor issue any notes or checks in the form of bank notes, or use or exercise any banking privileges or powers.

into

SECTION 17. This act shall not take effect or go York to as operation, until the legislature of the state of New York shall have passed an act appointing or authorizing the

sent.

appointment of commissioners, to act with the commissioners named in the second section of this act, in receiving subscriptions to the stock of the said company, and performing the several other duties hereby assigned to the said commis. sioners, and declaring the assent of the said state of New York to the incorporation of the said company, with the rights, powers and privileges hereby conferred, and subject to the duties and responsibilities hereby imposed on them, or intended so to be..

SECTION 18. The company hereby incorporated, shall Time of com. cease to be a body corporate, if they shall not within two mencing and years from the time of their incorporation, have commenced completing the construction of the said bridge, and shall within three the bridge. years from the same period have completed the saine, and

the roads connected therewith, so far as to render the same safe and convenient for the public use.

NER MIDDLESWARTH,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The first day of April, Anno Domini, eighteen hundred and thirty-six.

JOS: RITNER.

No. 122

An Act

To authorize the Governor to incorporate a company to make a turnpike road from the Nanticoke Dam in Luzerne county, via Shickshinny and Columbus, to Hughesville, in Lycoming county, and also an act relative to the Milford and Owego turnpike road, and to incorporate the Washington and West Middleton turnpike road company.

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 Ephlin, Thomas Downing, CommissionAbraham Bodine, John. Hill, Evan Thomas, Thomas Ellis, ers.

To procure

books.

oach.

John R. Dean, Chester Butler, Joshua Pugh, John McHenry, Henderson Gaylord, Elijah W. Reynolds, John Koons, John Peal, Alexander Colly, George Rhone, John Dodson, Charles Barret, Jarius Harrison, Richard B. Farr, Israel Ludlow, be and they 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 of June next, procure two books or more, and in each of them enter as Form of sub- follows: "We whose names are hereunto subscribed, do scription. promise to pay to the president and managers of the Nanticoke and Hughesville turnpike road company, the sum of Shares $25 twenty-five 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 Nanticoke dam in Luzerne, to Hughesville in Lycoming county;' Witness our hands, the day of in the year of our Lord one thousand eight hundred and ;" and thereupon shall give notice in two or more public papers. for twenty days at least, of the time and places when and where the said books shall be opened to receive subscriptions for the stock of the said company, at which times and places one of the said commissioners shall attend, and permit and suffer all persons of lawful age, who shall offer to subscribe in said books, in their own names or in the name or names of any other persons who shall duly authorize the same, for any number of shares of stock; and the said books shall be kept open respectively for the purposes aforesaid, at least six hours in every juridical day for the space of six days, or until the said books shall have two hundred shares therein subscribed, and if at the expiration of the said six days, the books aforesaid shall not have the said number of two hundred shares therein subscribed, the 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 transWhole num-fers the commissioners aforesaid shall give such public ber of shares notice as the occasion may require, and when the whole

Who may subscribe.

200.

Proviso.

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 one dollar 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 When letters subscribed one hundred shares of the said stock, the said patent shall commissioners respectively may, or when the whole number issue. 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 corporate, in deed and in law, by the name, style and title of "The president and managers of Name, style Nanticoke and Hughesville turnpike company," and by the and title. said name the subscribers shall have perpetual succession,

and all the privileges and franchises incident to a corpora- Powers and tion, and shall be capable of taking and holding the said privileges. capital stock, and the increase and profits thereof, of enlarging Enlargement the same from time to time by new subscriptions, in such man- of capital ner and form as they shall think proper, if such enlarge-stock, ment 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, transferring 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

SECTION 3. The commissioners aforesaid, as soon as conveniently may be after the said letters patent shall be sealed and obtained, shall give public notice in two public papers, of a time and place by them to be appointed, not less than twenty days from the publication of the first notice, of which time and place the said subscribers shall proceed Corporation to organize the said corporation, and shall choose, by to be organa majority of votes of the subscribers, by ballot, to be ized. 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 the 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 of this commonwealth, as shall be necessary for the well ordering the affairs of the said company: Provided always, That no person shall have more Proviso, than ten votes at any election, or in determining any question arising at such meeting, whatever number of shares he

Powers of

and u:ana

gers.

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 the president and managers, their superintendents, surveyor, artists and chain-bearers, to enter in and upon all and every the lands. 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 is in the best of their skill and judgment will combine shortness of distance with the most practicable ground, making Shickshinny and Columbus points. of said road, and generally, they 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 proporMarch, 1814, tion to the distance, as are given and granted to the president, extended to and managers and company of the Stoystown and Greensthis company burg turnpike road, in and by an act of assembly of this

Act of 9th

Dimensions of road and

manner of construct

ing it.

Proviso,

commonwealth, passed the ninth day of March, Anno Domini, one thousand eight hundred and fourteen, and may have the road inspected and charge toll on the same, as soon as five miles shall have been completed.

SECTION 5. The president and managers of the said road stall make, or cause the same to be made, not less than twenty-five nor more than fifty feet in width, and at least eighteen 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 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 of, 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 said president and managers, any part of the ground on the route of said road shall be so hard and compact as to make a good road without any covering of wood, gravel, stone, slate, or other hard substance, the said presi dent and managers are hereby authorized to construct such