common berty to remove the same to the said supreme court before the pleas of said second term of the said court of common pleas, next after the county to the commencement of the said action, on the same conditions, and preme court. under the same regulations as he or they now can do, in actions where the matters in controversy exceed the value of one thousand dollars. said su Of fees. The 19th section and other parts of the origi nal act repealed, SECT. IV. And be it further enacted by the authority aforesaid, That the fees receivable in the supreme court in the city and county of Philadelphia, after the first day of April next, shall in all cases be the same as the fees by law are receivable in the court of common pleas in said city and county, for similar services. SECT. V. And be it further enacted by the authority aforesaid, Tht the nineteenth section of the act to which this is a supplement, and such other parts of that act or of any other act or acts of this commonwealth as are hereby superseded or altered be, and the same are hereby repealed, and that the certificate required by the twentieth section of the act to which this is a supplement from the party or his attorney, in the precipe for the removal of any action from the said court of common pleas to the said supreme court shall declare that he verily believes the matters in controversy in that action are of the value of five hundred dollars and upwards. JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the twentieth day of March, one thousand eight hundred and ten. SIMON SNYDER. Commis sioners appointed. Who shall provide books. Entry therein. CHAPTER CXXVIII. An ACT authorizing the governor to incorporate a company for erect- of twenty-five dollars for each and every share of stock in the said company, set opposite to our respective names, in such manner and proportions, and at such times as shall be determined on by the president and managers, in pursuance of an act of the general assembly, entitled "An act authorizing the governor to incorporate a company for erecting a bridge over the Allegheny river opposite Pittsburgh in the county of Allegheny." Witness our hands this day of in the year of our Lord one thousand eight hundred and and where shares are not sub And shall thereupon give notice in all the public Notice to be newspapers printed at Pittsburgh, during one calendar month at given when least, of the times and places when and where the said books shall the books be open to receive subscriptions, at which times and places some shall be one or more of the said commissioners shall attend for that pur- opened. pose, and keep open the said books during six hours in each of One &c. the commisthree successive days, or until fourteen hundred shares shall be sioners to subscribed; and if fourteen hundred shares shall not be sub-attend. scribed within that period, then the said commissioners may ad- If 1400 journ from time to time until the said number of shares shall be subscribed; of which adjournments public notice shall be given scribed by means of newspapers, at each place where the said books within 3 shall have been opened, or elsewhere as occasion may require, and days, com when fourteen hundred shares shall have been subscribed, pubmay adjourn. lic notice thereof shall be given in all the newspapers printed at When said Pittsburgh: Provided always, That every person on entering his number shall be subname in the said books as a subscriber shall pay five dollars on scribed noeach share he shall subscribe, as a fund, out of which shall be tice thereof defrayed the expenses attending the taking of subscriptions and to be given. other incidental charges, and the remainder shall be paid over $5 to be paid on sub. to the treasurer of the corporation, as soon as the same shall be scribing. organized; such first payment on each share to be taken and con- How approsidered as a part payment on each share subscribed for. missioners priated. SECT. II. And be it further enacted by the authority aforesaid, When the That as soon as fourteen hundred shares shall have been subsubscription scribed, the said commissioners, or a majority of them, may certi- is full the fy the same, together with a list of the subscribers, and the same to be shares subscribed by each, in writing to the governor, who there- certified to the gover. upon shall constitute the said subscribers, and also all those who nor. may in future subscribe under the provisions of this act, a body Who shali corporate or politic, by the name and style of "The president, erect the managers and company for erecting a bridge over the Allegheny subscribers river opposite Pittsburgh, in the county of Allegheny," with all politic. the privileges incident to a corporation, who shall have perpetual Name and succession, and shall be capable of taking and holding their said style of. capital stock, and the increase and profits thereof, and of en- And privileges. larging the same by new subscriptions, if such enlargement shall be necessary to fulfil the purposes of this act. SECT. III. And be it further enacted by the authority aforesaid, into a body 1 pany. Officers to be chosen. Notice to be That the six persons first named in the letters patent of incorgiven of the poration, shall, as soon as conveniently may be, after sealing the organization of the com- same, give notice in two of the public newspapers printed at Pittsburgh, of a time and place by them to be appointed, not less than thirty days from the time of issuing the first notice, at which time and place the said subscribers shall proceed to organize the corporation, and shall choose, by a majority of votes of the said subscribers, taken by ballot, to be delivered either in person or by proxy duly authorized, one president, ten managers, one treasurer, one clerk, and such other officers as they may think necessary to conduct the business of the company during one year, and until other officers be chosen; and may make such bylaws, rules, orders and regulations, (not inconsistent with the constitution and laws of this state or of the United States,) as may be necessary for the well ordering the affairs of the company: Provided always, That no person shall have more than five votes, whatever number of shares he may be entitled to, and each person shall be entitled to one vote for each share by him held under that number. Powers of. No person to have more than 5 votes &c. Annual! SECT. IV. And be it further enacted by the authority aforesaid, That a public meeting of the said stockholders shall be held on meetings to the first Monday of May, next following the first election had as aforesaid, and on the first Monday in May, in every succeeding year, at such place as shall be fixed by the rules and orders of the said company for the purpose of choosing officers for the ensuing year, and the determination of any question affecting the interests of the said company. be held on the first Monday in May. of stock to be issued. SECT. V. And be it further enacted by the authority aforesaid, Certificates That the president and managers shall procure printed certifi cates for all the shares of stock in the said company which shall be signed by the president, countersigned by the treasurer, and sealed with the seal of the corporation, and each subscriber shall be entitled to one such certificate for each share by him subscribed for, on paying to the treasurer in part of the sum due thereon, ten dollars on each share, which certificates shall be transferable either by the owner in person, or by his attorney duly authorized, in the presence of the president, or of the treasurer for the time being, subject however to the payments due, or that may grow due thereon, and the persons to whom such transfer shall be Certificates made, shall stand in the place of the former holder of the certificate, and be entitled to the same privileges in the compa $10 to be paid on each. to be assign able. Five members to be a querum. ny. SECT. VI. And be it further enacted by the authority aforesaid, That the said president and managers shall meet at such times and places and be convened in such manner as shall be agreed on, for transacting the business of the company, at which meet. ing five members shall be a quorum, who in the absence of the president shall choose a chairman, and shail keep minutes of their proceedings to be fairly entered in a book to be kept for that Minutes to purpose; and a quorum being met, they shall have full power Powers of a be kept. and authority to appoint such engineers, superintendants, assist- quorum, ants and workmen, as they shall deem necessary to the erection of the said bridge; and they shall fix their salaries and wages, they shall also have power to make contracts; to ascertain the times, manner and proportion in which the stockholders shall pay the money due on their respective shares; to draw orders on the treasurer for the money necessary to * salaries, wages and bills for work and labour done and performed, or materials * which orders shall be signed by the president, or in his absence by a majority of a quorum, and countersigned by their clerk; and to do, and transact all such other matters and things as by this act or by the by-laws of the company shall be committed to them. ments. SECT. VII. And be it further enacted by the authority aforesaid, That if any stockholder, after thirty days notice in two of the Penalty on public newspapers printed at Pittsburgh, of the time and places neglecting appointed for the payment of any proportion, dividend, or in to pay instalstalment of the said capital stock, still due on each share, shall neglect to pay the same, for the space of thirty days after the day whereon the same shall be appointed to be paid, every such stockholder shall in addition to the instalment so called for, pay at the rate of five per cent. per month, for every delay of such payment, and if the same, and the said additional penalties, shall remain unpaid so long, that the accumulated penalties shall become equal to the sum already paid on such share, the same shall be forfeited to the company, and may be sold under the direction of the president and managers, or a majority of a quorum of them, at any of their meetings of transacting the business of the company, the order for that purpose being first entered in the minute book, by the clerk at such meeting. ter enclo SECT. VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said president and mana- President, gers, their superintendants, engineers and workmen to enter into &c. inay en and upon all the lands and inclosures near to the place where sures the said bridge is to be built, and to take all stones convenient, and take maand to examine the ground for the purpose of opening quarries, terials. and of obtaining stones or other materials for the building of said bridge, and to enter with teams of any kind, first giving notice to the owners, doing as little damage as possible, and repairing any breach in fences that they may have occasion to make, and making amends for any damage they may have done, which Damages damage shall be ascertained by the parties if they can agree, and how ascer if not, then by the appointment of any two or three disinterested tained and puid. freeholders; one to be chosen by the managers, or by any three of them, one by the party claiming to be aggrieved, and the* * The words “pay" and "furnished" omitted in the original. Proviso. ted to the stockhold ers. third to be chosen by the two already so nominated; which freeholders shall be qualified by oath or affirmation to decide to the best of their judgment between the parties; and the said managers, or the persons employed by them, after tender of the appraised value, may proceed to take away any stone or materials, for the purpose of erecting and repairing said bridge: Provided, That nothing in this act contained shall authorize the said company to erect said bridge, so as to impede or interrupt the navigation of the said river. SECT. IX. And be it further enacted by the authority afroesaid, Accounts of That the said president and managers shall keep, or cause to be receipts and kept, fair and just accounts of all receipts, payments, and monies payments to be kept; still due to, from, or on part of the said compány; and shall suband submit- mit the same, at least once in every year, to a general meeting of the stockholders; and whenever it shall appear manifestly to the said president, managers and company, at any such general meeting or at a special meeting convened for that purpose, according to the provisions of this act, or of the by-laws of the company, that the proposed bridge cannot be completed without extending the number of shares, the same shall be extended under the direc tion of such meeting, so far as may be necessary to complete the be extended. proposed bridge; which additional shares shall be sold and regulated in all respects, and be attended with the same rights and privileges as the original shares are herein, or by the by-laws of the company directed to be. Number of shares may to be' vested in the company. SECT. X. And be it further enacted by the authority aforesaid, That when a good and complete bridge, under the authority of this act, shall be erected over the Allegheny river at Pittsburgh, Property of the property of the same shall be vested in the said incorporated company, their successors and assigns, during and unto the end of forty years, to commence from the time when said bridge shall be completed; and the said 'company, their successors and Rates of toll. assigns, are hereby empowered to erect gates, and demand and receive tolls as follows, viz. for every foot passenger, two cents; for every carriage, of whatever description, used for the purpose of trade and agriculture, having four wheels, and drawn by six horses, fifty-six cents; for every such carriage, having four wheels, and drawn by five horses, fifty cents; for every such carriage, having four wheels, and drawn by four horses, fortyfour cents; for every such carriage, having four wheels, and drawn by three horses, thirty-seven and a half cents; for every such carriage having four wheels, and drawn * two horses; thirtyone cents; for every such carriage, having four wheels, and drawn by one horse, twenty-five cents; for every carriage of whatever description, used for the purpose of personal accommodation or pleasure, having four wheels, and drawn by four horses, *The word "by" omitted in the original. |