Time of meeting. performing the duties of this act; and in case any of the said commissioners shall perform the duties of surveyor, he shall receive fifty cents per day in addition, and the said commissioners are hereby authorized to employ one surveyor, at two dollars per day, two chain bearers, and one axe man, at a per diem allowance not exceeding seventy-five cents. SECTION 21. The said commissioners shall meet on or before the first Monday in August next, or soon thereafter as practicable, at such places as a majority of them shail agree upon, (and complete the location of said road as soon as Vacancies- practicable,) and if any vacancy or vacancies shall happen by resignation, or any other cause, the Governor, or the court of Quarter Sessions of Fayette county, as the case may be, are hereby authorized to fill the vacancy or vacancies by a suitable appointment. how filled. Draft to be made. SECTION 22. It shall be the duty of the 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 Where to be deposited in the office of the Secretary of the Commonwealth, deposited Commiss'rs. on or before the first day of January next, and one copy in the office of the clerk of the court of Quarter Sessions of the county of Fayette, 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 and repaired in all respects as roads are opened and repaired which are laid out by orders of the courts aforesaid. SECTION 23. The accounts of the commissioners for their of Fayette to own pay, and for the pay of surveyors, chain carriers, and adjust acc'ts markers, shall be adjusted by the commissioners of the county of Fayette, and paid by the treasurer thereof. on warrants drawn in the usual way. Releases to Proviso. SECTION 24. It shall be the duty of the said commissioners be taken. to take from each and every person or persons owning lands along the road by them laid out, acquittances or releases from any claim or damages: Provided. Such releases can be obtained upon the condition that such road-shall pass through such person or persons' land or lands, and file the same in the commissioners' office of the county of Fayette. Commission SECTION 25. Ezra S. Hayhunt, John Fruit and John ers to lay out Achenbaugh, of the county of Columbia, be and they are road in Nor- hereby appointed commissioners to view, and if they deem thumberland it expedient, lay out and mark a state road, beginning at county. or near the house of John Stucker, in said county, thence through Rohrersburg and Jerseytown, to the borough of Milton, in the county of Northumberland, under the several provisions and restrictions contained in the third, fourth, fifth and sixth sections of this act. APPROVED The twenty-fifth day of May, Anno Domini, eighteen hundred and thirty-six. JOS. RITNER. No. 161. An Act Authorizing the Governor to incorporate the New Castle Railroad company. Commiss'rg 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 Francis M'Bride, Samuel A. Purviance, John Bredin, George W. Reed, George Potts, William Steward, William Beatty, Joseph Emory, Joseph T. Boyd, Andrew Lewis, John Mitcheltree, James Banks, John Fisher, Robert W. Stewart, Amos Waugh, Thomas J. Porter, Jefferson Duncan, James R. Wick, Alexander Waugh, Armstrong Irwine, John B. Pearson, John Gallaway, William Watson, Samuel Wylie, and William Shaw, be and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: they, or any five of them, shall procure a sufficient number of suitable books, and in each of them enter as follows, viz: "We and each of us whose names are hereunto sub- Form of subscribed, do promise to pay to the directors of the New Castle scription ailroad company, the sum of fifty dollars for every share of stock set opposite to our respective names, and by us respectively subscribed, in such manner and proportions, and at -such times and places as shall be determined and directed by the said directors, in pursuance of an act entitled An act authorizing the Governor to incorporate the.New. Castle riven. railroad company;' Witness our hands, the day of Anno Domini one thousand eight hundred and thirty- ;" and shall thereupon give at least twenty days Notice to be previous notice, in one or more newspapers printed in the counties of Beaver, Butler, and Mercer, in the state of Pennsylvania, and in one or more newspapers printed in the counties of Trumbull and Ashtabula, in the state of Ohio, of the times when and the places where some one or more of the aforesaid commissioners will attend, and receive subscriptions from all persons of lawful age who shall offer to subscribe in said books, which shall be kept open for the purpose aforesaid, at least six hours in every juridical day, for the space of three days, or until there shall be subscribed in the said books four thousand shares; and if at the expiration of three days, the books aforesaid shall not have the number of shares aforesaid therein subscribed, then the said commissioners, at their discretion, may adjourn from time to time, and transfer the books elsewhere, until the whole number of shares aforesaid shall be subscribed, of which adjournment and transfer, the commissioners aforesaid shall give such public notice as the occasion may seem to $5 to be paid require, but no subscriptions shall be valid, unless the peron each share sons so subscribing shall pay to the said commissioners at the time of making the same, the sum of five dollars on each share, for the use of the company. When letter, issue. SECTION 2. When five hundred shares or more shall be patent may actually subscribed, and five dollars on each share paid to said commissioners, the said commissioners, or a majority of them, shall certify the same, under oath or affirmation, to the Governor of this commonwealth, and on the receipt of such certificate, the Governor shall, by letters patent, under his hand and the seal of the commonwealth, create and erect the subscribers, and if the subscription be not fall at the time, then those also who shall thereafter subscribe to the whole number of shares aforesaid, into a body corporate and politic, in Style & title. deed and in law, by the name, style and title of "The Newcastle Railroad company," and by the same name the subscribers shall have perpetual succession, and all the privileges, franchises and immunities incident to a corporation, may sue and be sued, implead and be impleaded, in all courts of record and elsewhere, may purchase, receive, have, hold and enjoy, to them and their successors and assigns, lands, tenements and hereditaments, goods, chattels, and all estates, real, personal or mixed, of what kind or quality soever, and the same from time to time may sell, mortgage, grant, alien and dispose of, and make dividends of such portions of the profits as they may deem proper, and also may make and have a common seal, and the same alter or renew at pleasure, and generally to do all and singular, the matters and things which to them it shall lawfully appertain to do for the wel Privileges. being of the said corporation, and the due management and SECTION 3. That the third, fourth, fifth, sixth, seventh, Certain seceighth, ninth, tenth, twelfth thirteenth, fourteenth, fifteenth, six- tions in the teenth, seventeenth, eighteenth, nineteenth, twentieth, twenty- act to incorfirst, twenty-second, twenty-fourth and twenty-fifth sections porate Philadelphia and of the act passed the fourth day of April, eighteen hundred Reading railand thirty-three entitled "An act to authorize the Governor road comp'y. to incorporate the Philadelphia and Reading railroad com- made a part pany," be and the same are hereby made part of this act the of this act. same as though they had been enacted section by section: Provided: That the mode of ascertaining damages, provided Proviso. for in the twelfth section, shall be made in the county where they occur. SECTION 4. The said company be and they are hereby Location of authorized as soon as they conveniently can, to locate and road. construct a railroad, of one or more tracks, from the termination at the Ohio state line, of the railroad to be constructed by the Conneaut and Beaver Railroad company," incorporated by the legislature of Ohio, at such suitable point as may be determined upon by the president and directors of the said " Newcastle Railroad company," and the president and directors of the said Conneaut and Beaver railroad company, by the shortest and most practicable route, to a point railroad. at or near the town of Newcastle, in Mercer county, and Said road the said railroad may be intersected by any railroad con- may be interstructed, or to be constructed, by a company incorporated sected by any or to be incorporated, by the legislature of this state, at any point, and use the said road upon the same terms as to tolls, that the same is used by the Newcastle company, and the said Newcastle company shall have power to make, construct and erect such toll houses, and all other works and appendages necessary for the convenience of the said Newcastle railroad company, in the use of the said railroad. SECTION. 5. If any increase of the capital stock be deemed Capital stock necessary by the stockholders to complete the said railroad, may be inor to lay another track, it may be lawful for the said presi- creased. dent, managers and company, at a stated or special meeting convened for the purpose, to increase the number of shares, so that they shall not in the whole exceed six thousand, and to receive and demand the money for shares so subscribed, in like manner, and under like penalties as are hereinbefore Rights may be resumed and tolls regulated by the provided for the original subscription, or shall be provided for by their by-laws. SECTION 6. If at any time said company shall misuse or abuse any of the privileges hereby granted, the legislature may resume all and singular, the rights and privileges hereby legislature. granted to said company; and the legislature reserves the right to reduce and regulate the tolls hereby authorized; Anuual state-that the president or secretary of the said company shall ment to Aud-annually, on the first Monday in December, transmit to the itor General. Auditor General a full statement of the affairs of said com Right to purchase reser red. pany, under oath, and shall pay annually into the treasury of the commonwealth, a tax of eight per centum on all dividends which may exceed six per centum on the capital stock actually paid in. SECTION 7. This state shall have the power, after the expiration of twenty years from the passage of this act, to purchase and hold the railroad aforesaid, by paying to said corporation therefor, the amount expended by said corpora tion in locating and constructing the same, together with six per centum interest thereon, after deducting all the nett tolls and profits of the property of said corporation, of which cost an accurate account shall be kept, and verified by the oath or affirmation of the president of said company, be transmitted to the Auditor General, within six months after the said road shall be opened for the transporta tion; and an annual account of the tolls and profits, and the expenses of said company, shall be kept and made to the Auditor General in the same manner. NER MIDDLESWARTH, Speaker of the House of Representatives. THOMAS S. CUNNINGHAM, Speaker of the Senate. APPROVED-The thirty-first day of May, Anno Domini, one thousand eight hundred and thirty-six. JOS: RITNER |