and receive toll from travelers and others, not to exceed the following rates; for every coach, landau, chariot, phaeton or other pleasureable carriage, with four wheels drawn by four horses, the sum of sixty cents; for the same kind of carriage with two horses the sum of forty cents; for every wagon with four horses the sum of fifty cents; for every carriage of the same description, drawn by two horses, forty cents; for every chaise, riding chair, sulky, cart or other two wheel carriage, or a sleigh or sled, with two horses, the sum of thirty cents; for the same, with one horse, the sum of fifteen cents; for a single horse and rider, the sum of ten cents; for every led or driven horse or mule, the sum of five cents; for every foot passenger the sum of two cents; for every head of horned cattle the sum of three cents; for every sheep or swine, the sum of one cent: Provided, All persons going to and returning from funerals, persons going to and returning from meeting or church, on the Sabbath, children going to and returning from school, all persons going to or returning from military trainings or parade, shall pass free of toll: Provided also, That fixing the toll of all carriages drawn wholly by oxen, or partly by horses and partly by oxen, two oxen shall be estimated equal to one horse, and the said company shall so erect, the said bridge as in no wise to injure, stop or interrupt the navigation of the said river, or prevent boats or craft from passing or persons from fording the said river.

SECTION 12. That if any person or persons shall wilfully cut or destroy, break or remove from off the said bridge, or any part thereof,, any piece or pieces of timber, plank or planks, stone or stones, chain or chains, bolt or bolts, or any other materials whatsoever belonging to said bridge, or otherwise wilfully or maliciously damage the same, he, she or they so offending shall forfeit and pay for every such offence, over and above the damages done to the said bridge, the sum of thirty dollars, to be recovered before any justice of the peace in the county of Bucks, in the State of Pennsylvania, or the county of Hunterdon, in the State of New Jersey.

SECTION 13 That if the said company, their successors and assigns, and whosoever shall own and possess the said bridge, shall collect or demand any greater rate or prices for the passing over the said bridge than what are herein before prescribed and specified, or shall neglect to keep the said bridge in good order and repair, he, she or they so offending for every such offence shall forfeit and pay the sum of thirty dollars, one-third thereof for the use of the poor of the county of Bucks, in the state of Pennsylvania, and one-third thereof to the use of the poor of the township of Kingwood, Hunterdon county, in the State of New Jersey, and the other third to the use of the person who may sue for the same: Provided always, That no suit or action shall be brought unless within sixty days after such offence shall be committed.

SECTION 14. That the said president and directors and company shall also keep a just and true account of all and every the moneys received by their respective collector or collectors of toll for crossing the said bridge, and shall make and declare a dividend of the profits and income thereof among all the stockholders of the said company deducting first therefrom 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 the said bridge and shall on every first Monday in January and July, in each and every year, publish the dividend to be made of the said clear profits thereof amongst the stockholders and the time and place when and where the same shall be paid, and shall cause the same to be paid accordingly.

SECTION 15. That this act shall not take effect or go into operation When act to until the Legislature of the State of New Jersey shall pass a law take effect. appointing commissioners on their part vesting like power and authority in the subscribers to the said capital stock of erecting a bridge at the place aforesaid, and of extending the same from shore to shore with as full and ample powers, privileges, franchises, and emoluments as to the said company are hereby given.

SECTION 16. That nothing in this act contained shall be so con- Banking privilstrued as to authorize the said bridge company to exercise any banking eges prohibited. privileges, or to issue any bank note or notes in the nature of bank

notes, and the Legislature reserves the right of altering, amending or

annulling the charter whenever they think proper.

SECTION 17. That the president and directors may and shall have Forfeiture of power and authority instead of forfeiting shares for non-payment of shares. instalments, of enforcing the payment of all instalments due as other debts of similar amounts are recovered as to them may be deemed best.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,

Speaker of the Senate.

APPROVED The ninth day of February, A. D., one thousand eight

hundred and fifty-three.

WM. BIGLER.

No. 51.

AN ACT

To incorporate the North Western railroad company.

Commissioners.

SECTION 1. Be it enacted by the Senate and House of Representatites of the Commonwealth of Pennsylvania in General Assembly met, G. Campbell, George W. Smith, Jacob Ziegler, Charles C Sullivan, Samuel A. Purviance, Samuel M. Lane, Arthur M'Gill, A. N. Meylert, J. N. Purviance, Dunlap M'Laughlin, John Graham, John M. Sulliers to open books, receive subscriptions of stock, and organize a comvan, James D. Clark, be, and they are hereby appointed commissionpany by the name, style, and title of the "North Western railroad Style. company, with all the powers and subject to all the duties, restrictions, Subject to proand regulations prescribed by an act of Assembly of this Common- visions of wealth, entitled "An Act regulating railroad companies," approved certain act. nineteenth day of February, Anno Domini, one thousand eight hundred

and forty-nine,

so far as the same are not altered and supplied by the

provisions of this act.

SECTION 2. That the capital stock of said company shall consist of Capita! twenty thousand shares, of fifty dollars each, which said capital stock may be increased, if the exigencies of the company shall require it, to

1

Location of railroad.

When road may be used.

Borrow money.

Proviso.

Payment of interest to stock

holders.

Counties authorized to subscribe stock.

Proviso.

Proviso.

any sum not exceeding two millions of dollars, as the president and directors of said company may deem expedient.

SECTION 3. That said company shall have the right to build and construct a railroad from some point on the Pennsylvania or the Allegheny Portage railroad, at or west of Johnstown, by the way of Butler, to the Pennsylvania and Ohio State line, at some point on the western boundary line of Lawrence county, with single or double track, and of any guage and width not exceeding four feet ten inches, that shall be deemed advisable by the president aud directors of said company, by the most direct and eligible route and such grades as will, in the opinion of said President and directors, most conduce to the public interest, and to connect with any railroad now constructed, or which may hereafter be constructed at either end or at any intermediate point on the line or route thereof.

SECTION 4. That whenever any section or sections of five miles or more of said railroad shall be completed, the said company may use, occupy, and enjoy the same as fully and in the same manner as if the whole of said road were completed.

SECTION 5. That said company be, and they are hereby authorized to borrow money to an amount not exceeding the capital stock of said company, upon bonds to be issued by said company whenever the said president and directors shall deem the issue of such bonds expedient: Provided, That the rate of interest on said bonds shall not exceed seven per centum per annum, and that said bonds shall be convertible into the stock of the said company at the option of said company and the holder or holders of said bonds, and that no bond shall be issued for a sum less than one hundred dollars.

SECTION 6. That the president and directors of said company are hereby authorized to pay to the stockholders in the months of January and July in each year, interest at the rate of six per centum per annum on all instalments paid by them, and to continue to pay the same until the road shall be completed; and all the profits or earnings of the said railroad within the said time shall be credited to the cost of construction; and all interest paid shall be charged to the cost of construction, but no interest shall be paid on any share of stock upon which any instalment that has been called for remains unpaid, and the stock of said company shall not be subject to any tax in consequence of the payment of the interest hereby authorized, nor until the net earnings of the company shall amount to at least six per centum per annum upon the capital invested.

SECTION 7. That the counties through parts of which said railroad may pass, shall be, and they are hereby severally authorized to subscribe to the capital stock of said railroad company, and to make payments on such terms and in such manner as may be agreed upon by said company and the proper county: Provided, That the amount of subscription by any county shall not exceed ten per cent. of the assessed valuation thereof; and that before any such subscription is made, the amount thereof shall be fixed and determined by one grand jury of the proper county, and approved by the same; upon the report of such grand jury being filed, the county commissioners may carry the same into effect by making, in the name of the county, the subscription so directed by the said grand jury: Provided, That whenever bonds of the respective counties are given in payment of subscriptions, the same shall not be sold by said railroad company at less than par value, and no bonds shall be in less amount than one hundred dollars, and such bonds shall not be subject to taxation until the clear profits of said railroad shall amount to six per cent. upon the cost thereof, and that all

subscriptions made or to be made in the name of any county, shall be held and deemed valid if made by a majority of the commissioners of the respective counties.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,
Speaker of the Senate.

APPROVED-The ninth day of February, A. D., one thousand eight hundred and fifty-three.

WM. BIGLER.

No. 52.

AN ACT

To authorize the Manheim, Petersburg, and Lancaster turnpike or plank road company to borrow money; relating to a State road in Lancaster and Chester counties; to the limits of the borough of Lebanon; to the Lancaster and Marietta 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 the president and Borrow money. managers of the Manheim, Petersburg, and Lancaster turnpike or plank road company shall have full power and authority to borrow any sum of money, or sums of money, not exceeding five thousand dollars which may be necessary to enable them to complete their road, discharge the debts incurred in the construction thereof, and enjoy the full benefit of the privileges conferred upon them by the act of Assembly authorizing their incorporation, any such loan to be on such terms and conditions as the said corporation may deem fit, and at any rate of interest not exceeding six per centum per annum, with power also to pledge and mortgage as security for such loan or leans their said road and all and any of their property, real and personal, together with all their rights, powers, and privileges, and franchises, any sale or sales under any judicial process to enforce any such pledge or mortgage shall pass to and vest in the vendee or vendees whatever property, rights, powers, privileges, and franchises, may have been pledged or mortgaged under any such pledge or mortgage as last aforesaid: Provided, Proviso. That no bonds shall be issued by the company for a less amount than One hundred dollars.

SECTION 2. That Martin Bear, and Joseph C. Dickinson, of Lancaster county, and Jonathan Booth, of Chester county, be, and they are hereby appointed commissioners to view and lay out a State road from Mount Vernon tavern on the Philadelphia turnpike, in the county of Lancaster to the Gap and Newport turnpike at a point where the road from Christiana intersects the same in the county of Chester.

Commissioners.

SECTION 3. That it shall be the duty of the said commissioners or Duties of coma majority of them appointed to view as aforesaid, as soon as practicable, missioners.

Authority to va

cate.

Pay of Commis.

isioners.

*Extension of the

non.

after having been sworn or affirmed before an alderman or justice of the peace (who shall file and preserve the same in his office) to perform the duties enjoined upon them by this act with impartiality and fidelity, carefully to view the ground and lay out the said road, having respect to the best ground and shortest distance so as best to promote the public good, and do the least injury to private property, and they shall clearly and distinctly mark upon the ground the route agreed upon in such manner as to enable the supervisors readily to find the same.

SECTION 4. That the commissioners shall have authority by this act to vacate so much of any road or roads as may be supplied by the new road if it shall appear expedient so to do, and also to lay out any part of the said road on the bed of any road or part of a road heretofore laid out by authority of law; they shall make a fair and accurate draft of the location of said road, noting the courses and distances with a reference to the improvements, one copy whereof shall be deposited in the office of the secretary of the Commonwealth, and one copy in the office of the clerk of the court of quarter sessions of said county, and from thenceforth the road shall be to all intents and purposes a public highway, and shall be open to the width of thirty-three feet and repaired in all respects as roads are opened and repaired, laid out by order of court and damages sustained by the owners of private property assessed and paid in the same manner.

SECTION 5. That the commissioners shall receive one dollar and fifty cents each for every day they shall be necessarily employed in performing the duties enjoined by this act, and they are hereby authorized to employ a surveyor, two chain-carriers, and one axeman at a reasonable compensation, and their accounts shall be adjusted by the commissioners and paid by the treasurer of said counties in the usual manner, and if any vacancy or vacancies shall happen by resignation or otherwise the court of quarter sessions of the proper county or counties is hereby authorized to fill the vacancy or vacancies by suitable appointments.

SECTION 6. That the borough limits of the borough of Lebanon, in limits of the bo- the county of Lebanon, as at present established by law, are hereby rough of Leba- extended so as to embrace and include the town of East Lebanon lately laid out on the eastern side of the said borough, described as follows, to wit: Beginning at a stone, being the north-east corner of the said borough; thence through the out lots on a course parallel with Cumberland street in the said borough to the line of land of Casper Light and said town of East Lebanon; thence along said line and the lands of the heirs of John Light, deceased, and Solomon Macauley, to the south-east corner of said town of East Lebanon; thence along the line between Dr. Schneck, John Shindel, and the said town, until it intersects the said borough.

Commencement

and Marietta

urnpike road.

SECTION 7. That the act to incorporate the Lancaster and Marietta and completion turnpike, road company, approved the eight of April, one thousand eight of the Lancaster hundred and forty-eight, be, and the same is hereby revived, and the time of beginning said road extended three years, and of completing it six years from the passage of this act, subject to all the provisions and restrictions of the act regulating turnpike and plank roads, passed the twenty-sixth of January, one thousand eight hundred and fortynine, and the supplements thereto, except so far as the same may conflict with the provisions of the act hereby revived, and Christopher Hager, Samuel Johnston, John F. Long, James Mehaffery, William B. Fordney, Henry Musselman, Jacob Grosh. John Schenk, Jacob M'Greider, A. N. Cassell, Samuel C. Hiestand, John Shenk, and Henry Coppen