When a certain number

of shares are

ers.

scribed, out of which shall be defrayed the expences attending
the taking such subscriptions and other incidental charges, and
the remainder shall be paid over to the treasurer of the corpora-
tion as
soon as the same shall be organized and the officers
chosen as hereinafter mentioned.

SECT. II. And be it further enacted by the authority aforesaid, That when fifty persons or more shall have subscribed four hunsubscribed, dred shares of the said stock, the said commissioners shall cercommission- tify under their hands and seals, the names of the subscribers ers to certiand the number of shares subscribed by each, to the Governor fy, &c. to the Governor. of this Commonwealth, and thereupon it shall and may be lawWho may ful for the Governor, by letters patent under his hand and the thereupon seal of the state, to create and erect the subscribers; and if the incorporate the subscrib. said subscriptions be not full at the time, then, also those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate in deed and by law, by the name, style and title of "The President, Managers and Company, of the Gap and Newport Turnpike Company." And by the said name, the said subscribers shall have perpetual succession, and all the priviStyle of the leges and franchises incident to a corporation, and shall be capacorporation. ble of taking and holding their said capital stock, and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper, if such enlargement 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 lesser 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.

Its privileges and

powers.

bers to meet

pose of or

corporation.

Commission- SECT. III And be it further enacted by the authority aforesaid, ers to notify That the commissioners aforesaid, as soon as conveniently may the subscri- be, after the said letters patent shall be sealed and obtained, shall for the pur- give notice in two of the public papers in Lancaster, (one of which shall be in the German language) and also in the Philaganizing the delphia and Wilmington papers, of a time and place by them to be appointed, not less than twenty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes of the said subscribers, by ballot to be delivered in person or by proxy duly authorized, one president and twelve managers, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company for one year, and until other such officers shall be chosen; and shall and may make such bye-laws, rules, orders and regulations, not in

Officers to be chosen.

Number of votes limit

consistent with the constitution and laws 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
than five votes at any election, or in determining any question
arising at such meeting, whatever number of shares he may be
entitled to, and that each person shall be entitled to one vote ed.
for every share by him held under the said number: Provided
nevertheless, That all future annual elections of the said corpo-
ration, shall be held with such notice and in manner and form
aforesaid, at such places as the managers aforesaid shall direct
and appoint.

SECT. IV. And be it further enacted by the authority aforesaid, Times of That the said company shall meet on the first Monday of Janu- annual and ary in every year, at such place as shall be fixed by their bye- meetings of special laws, for the purpose of choosing officers as aforesaid, for the the compa ensuing year in manner aforesaid, and at such other times as they ny. shall be summoned by the managers, in such manner and form as shall be prescribed by their bye-laws, at which annual or special meetings, they shall have full power and authority to make, alter or repeal, by a majority of votes in manner aforesaid, all Their pow such bye-laws, rules, orders and regulations as aforesaid, and to ers at such do and perform any other corporate act. meetings.

ment.

SECT. V. And be it further enacted by the authority aforesaid, Certificates That the president and managers first to be chosen as aforesaid, of shares to shall procure certificates to be written or printed, for all the be issued on shares of the stock of the said company, and shall deliver one part paysuch certificate, signed by the president and countersigned by the treasurer, and sealed with the common seal of the said corporation, to each person for every share by him subscribed and held, he paying to the treasurer in part of the sum due thereupon, the sum of ten dollars for each share, which certificate shall be transferable at his pleasure, in person or by attorney, in the presence of the president or treasurer, subject however to all payments due and to grow due thereon, and the Certificates assignee holding any certificate, having first caused the assign- made transment to be entered in a book of the company to be kept for the ferrable, &c. purpose, shall be a member of said corporation, and for every certificate by him held shall be entitled to one share of the capital stock, and of all the estates and emoluments of the company, and to vote as aforesaid at the meetings thereof.

dent and

SECT. VI. And be it further enacted by the authority aforesaid, That the said president and managers shall meet at such times Meetings of and places, and be convened in such manner as shall be the Presiagreed on for transacting their business, at which meetings managers; seven members shall form a quorum, who in the absence of the and proceedpresident may choose a chairman, and shall keep minutes of all ings at such their transactions, fairly entered in a book; and a quorum being c. meetings,

Regulations in case of

wet they shall have full power and authority to agree with and appoint all such surveyors, superintendants, artists and officers, as they shall judge necessary to carry on the intended works, and to fix their salaries or wages, to ascertain the times, manner and proportions when and in which the stockholders shall pay the money due on their respective shares, in order to carry on the work, to draw orders on the treasurer for all monies necessary to pay the salaries or wages of persons by them employed, and for the labour done and materials provided in the prosecution of the work, which orders shall be entered or registered in their book of minutes, and shall be signed by the president or in his absence by a majority of a quorum, and countersigned by their secretary, and generally to do all such other acts, matters and things as by the bye-laws, rules, orders and regulations of the company shall be committed to them.

SECT. VII. And be it further enacted by the authority aforesaid, That if any stockholder whether original subscriber or assignee, after thirty days notice in two of the public papers in Lancaster, pay the sub- one of which shall be in the German language, and also in the scription Philadelphia and Wilmington papers, of the time and place apmoney. pointed for the payment of any proportion or instalment of the said capital stock, in order to carry on the work, shall neglect to pay such proportion at the place appointed for the space of sixty days after the time appointed for the payment thereof, every such stockholder shall, in addition to the instalment so called for, pay at the rate of five per centum per month, for every delay of such payment; and if the same and the said additional penalty shall remain unpaid, for such space of time as that the accumulated penalty shall become equal to the sums before pas, in part and on account of such share, the same may be forteird by and to the said company, and may be sold by them to any cher person ined or persons willing to purchase, for such price as can b

therefor; or in default of payment by any stockholi of any

such instalment as aforesaid, the said president and mer
may, at their election, cause suit to be brought in any coun
ing competent jurisdiction, for the recovery of the same,
ther with the penalty aforesaid: Provided always, That th
covery in any suit shall in no case exceed the amount of
instalment or instalments, as may be due on such share, toget
with such accumulated penalty at the rate aforesaid, as sh
equal the sums before paid on the same share: And provided a
That no stockholder whether original subscriber or assignee, sh.
be entitled to vote at any election, or at any general or specia
meeting of the said company, unless the whole sum due and pay
able as aforesaid, on the share or shares by him held at the time o
such election or general or special meetings of the said company
shall have been fully paid and discharged as aforesaid

&c. may en

road may

SECT. VIII. And be it further enacted by the authority aforesaid, The presiThat it shall and may be lawful to and for the said president and dent and managers, their superintendants, surveyors, engineers, artists and managers, chain-bearers, to enter into and upon all and every the lands, ter lands, tenements and inclosures, in, through and over which the said &c. through intended turnpike road may be thought proper to pass, and to which the examine the ground most proper for the purpose, and the quar- pass to exries and beds of stone and gravel, and other materials in the amine the vicinity, that will be necessary in making and constructing the ground, &c. said road; and to survey, lay down, ascertain, mark and fix, And survey and fix the such route or track for the same road, as in the best of their route or judgment and skill, will combine shortness of distance with the track of said most practicable ground, from the Philadelphia and Lancaster road, &c. turnpike road in Lancaster county, at or near the Gap tavern, and to extend thence the nearest and best practicable course by Cochran's, Chatham and Chandler's taverns to the line of the state of Delaware, so as to communicate with a contemplated artificial road, to extend thence the nearest and best practicable course to Newport on Christianna-creek, in the state of Delaware, to be authorized by a law of that state.

may enter

SECT. IX. And be it further enacted by the authority aforesaid, The presiThat it shall and may be lawful to and for the said president and dent manamanagers, by and with their superintendants, engineers, artists, gers, &c. workmen and labourers, with their tools and instruments, lands, &c. to carts, waggons wains, and other carriages, and beasts of draught take materior burthen, to enter upon the lands in, over, contiguous to als. and near, to which the route and track of the said intended road shall pass, first giving notice of their intention to the owners or occupiers thereof, and doing as little damage thereto as possible, and repairing any breaches they may make in the inclosures thereof, nd making amends for any damages that may be done to any nbrovements thereon, upon a reasonable agreement, if they can mends for or if they cannot agree, then upon an appraisement to be any damage upon oath or affirmation by three disinterested freehold- done therey two of them agreeing mutually to be chosen, or if the by, and

re, uger, 25 5.

To make a

modes of as

upon due notice shall neglect or refuse to join in the certaining then to be appointed by any justice of the peace of either the damage. of Lancaster or Chester, not interested therein; and der of the appraised value, to cut down, dig, take and y, any timber, stone, gravel, sand, earth or other maere being most conveniently situated for making or resaid road.

Lor specia de and pa

L

d

the time c

company

And be it further enacted by the authority aforesaid, The presisaid president, managers and company, shall have dent and rect permanent bridges over Octoraro creek, as well erect permathe waters crossed by the said route or track, whereon nent bridges, hall be found necessary; and shall cause a road to be and cause

managers to

in case the

road is not

repair.

if any person or persons shall with the intent aforesaid, take off or cause to be taken off any horse or other beast or cattle of draught or burthen from any carriage of burthen or pleasure, or shall practise any other fraudulent means or device, with the intent to evade or lessen the payment of any such toll or duty, all and every such person or persons offending in manner aforesaid, shall for every such offence respectively forfeit and pay to the president, managers, and company of the Gap and Newport turnpike-road, the sum of fifteen dollars, to be sued for and recovered with costs of suit, before any justice of the peace, in like manner and subject to the same rules and regulations as debts of equal amount are or may be by law recoverable.

SECT. XIV. And be it further enacted by the authority aforesaid, Proceedings That if the said company shall neglect to keep the said road in good and perfect rder and repair, for the space of fifteen kept in good days, and information thereof shall be given to any justice of the peace of the proper county, such justice shall issue a precept, directed to any constable, commanding him to summon three judicious freeholders to meet at a certain time in the said precept to be mentioned,at the place in the said road which is complained of, of which meeting notice shall be given to the keeper of the gate or turnpike nearest thereto; and the said justice shall at such time and place by the oath or affirmation of the said freeholders, inquire whether the said road or any part thereof is in such good and perfect order and repair as aforesaid, and shall cause an inquisition to be made under the hands and seals of himself and a majority of the said freeholders; and if the said road shall be found by the said inquisition not to be in such good order and repair as herein is required, he shall so certify and send one copy of the said inquisition to each of the keepers of the turnpikes or gates between which such defective place shall be, and from thenceforth the tolls hereby granted to be collected at such turnpikes or gates for the intermediate distance between them shall cease to be demanded, paid or collected, until the said defective part or parts of the said road shall be put into good and perfect order and repair as aforesaid: And if any of the keepers of the toil gather- gates aforesaid, shall take or attempt to exact tolls for the iners for exact-termediate distance between the gates aforesaid, from any traving tolls wilst the eller during the time the road shall continue out of repair, such road shall keeper shall forfeit and pay to the person who shall prosecute continue out for the same, the sum of five dollars, to be recovered before any of repair. justice of the peace, as debts of equal amount are, or may be by ceedings if law recoverable; but if the same road shall not be put into good the road and perfect order and repair before the next ensuing court of out of quarter sessions of the proper county, the said justice shall ceruntil tify and send a copy of the said inquisition to the justices of the ten- said court, and the said court shall thereupon cause process to is

Penalty on

Further pro

shall con