Proviso. damages sustained by such person in consequence of such neglect or refusal, to be sued for and recovered before any magistrate or court having cognizance thereof: Provided, That the said company shall in no case be required to make Where they or cause to be made, more than one causeway through each may be dis plantation or lot of land, for the accommodation of any one pensed with. person owning or possessing land through which the said 2d. Proviso. railroad may pass: And provided further, That in the event of any private bridge or causeway being converted to public Public roads use, so as to be made to accommodate a public road laid out crossing pri- subsequent to the passage of this act, then and in such case, vate bridges alties must the company shall thereafter forever be exonerated from the to exonerate duty of keeping the said bridge or causeway in repair. company. SECTION 16, No suit or action shall be prosecuted by any Suits for pen-person or persons, for any penalties incurred under this act, unless such suit or action shall be commenced within be commen- three months next after the offence committed, or the cause of action accrued, and the defendants in any suit or action may plead the general issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by authority of this act. ced within 12 months from cause of action. Persons doing wilful injury to works of company SECTION 17. If any person or persons shall wilfully or knowingly break, injure or destroy the railroad hereby authorized, or any part thereof, or any work, edifice or device, or any part thereof, to be erected by the said company in liable to pay pursuance of this act, he, she, or they, shall forfeit and pay damages. to the said company three times the actual damages so sustained, to be sued for and recovered, with full costs, before any tribunal having cognizance thereof, by action, in the name and for the use of the said company. Wilful ob struction of SECTION 18. If any person or persons shall wilfully or maliciously remove or destroy any of the company's conroad made a structions, or place, designedly and with evil intent, any misdemeanor obstruction on the line of the railroad, so as to jeopard the safety and endanger the lives of persons traveling the same, such person or persons so offending, shall be deemed guilty of a misdemeanor, and shall be adjudged, on conviction, to be imprisoned in the state penitentiary for the western district, in the county of Allegheny, for a term not more than two years: Provided, That nothing herein contained shall: prevent the company from pursuing any other appropriate remedy at law, in such cases. Proviso, SECTION 19. It shall and may be lawful for the president and managers, from time to time to ordain and establish rules and regulations for the due ordering of all traveling and transportation on the said railroad, and for its preservation, with power to alter, repeal, enlarge or amend the said passengers, rules and regulations, as they may deem expedient, and that Company authey shall have full power and authority to prescribe the thorized to kinds and descriptions of cars, carriages, or wagons, to be regulate and used on the said railroad, for the conveyance of superintend traveling and and the transportation of the mail, or of goods, wares, transportamerchandise, and minerals, and to regulate the speed at tion on road. which they shall travel, and to adopt and enforce such rules and regulations in relation to the transit thereof, as they may deem expedient: Provided, That the toll on any species Proviso. of property shall not exceed an average of six cents per ton per mile, nor upon each passenger an average of six cents per Rate of toll. mile, and the legislature reserves the right to reduce and regulate the tolls hereby authorized. affairs to SECTION 20. At each annual meeting of the stockholders, Annual the president and managers of the preceding year shall ex-statement of hibit to them a complete statement of the affairs and proceedings of the company for such year, and that special stockholders. meetings of the stockholders may be called, by order of the president and managers, or by the president, at the request special meetof stockholders holding one-fourth of the amount of the ings. capital stock, by like notice as that required for annual meetings, specifying moreover the object of the meeting; but no business shall be transacted at such meetings except Conditions that for which it shall have been called, nor unless a majo- thereof. rity in value of the stockholders shall attend, in person or by proxy. mence and SECTION 21. If the president and managers and company Time allowshall not proceed to carry on the said work within three ed to comyears from the passage of this act, and shall not complete complete the same within seven years, as aforesaid, according to the works, etc. true intent and meaning of this act, or if, after the completion of the said road, the said company shall suffer the same to go to decay, and be impassable for the term of two years, then this charter shall become null and void, except so far as compels said company to make reparation for damages. SECTION 22. The president and managers shall be, and Increase of they are hereby authorized to increase the capital stock of capital stock. the said company, from time to time, so that the whole number of shares thereof shall not exceed five thousand, and to sell and dispose of so many shares as that the whole shall amount to the said number of five thousand, and to receive subscriptions therefor, and to regulate the payments therefor to be made to the said company, and the subscribers to and purchasers thereof, and his, her, or their assignee or assignees, shall be subject to the like penalties and liabilities in regard to the game, as are prescribed by the eighth section of this act: Provided, That the said company shall Proviso.. Proviso. damages sustained by such person in consequence of such neglect or refusal, to be sued for and recovered before any magistrate or court having cognizance thereof: Provided, That the said company shall in no case be required to make Where they or cause to be made, more than one causeway through each may be dis: plantation or lot of land, for the accommodation of any one pensed with. person owning or possessing land through which the said 2d. Proviso. railroad may pass: And provided further, That in the event of any private bridge or causeway being converted to public Public roads use, so as to be made to accommodate a public road laid out crossing pri- subsequent to the passage of this act, then and in such case, vate bridges to exonerate the company shall thereafter forever be exonerated from the company. duty of keeping the said bridge or causeway in repair. SECTION 16, No suit or action shall be prosecuted by any Suits for pen-person or persons, for any penalties incurred under this alties must act, unless such suit or action shall be commenced within three months next after the offence committed, or the cause of action accrued, and the defendants in any suit or action may plead the general issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by authority of this act. be commenced within 12 months from cause of action. Persons do ing wilful injury to works of company SECTION 17. If any person or persons shall wilfully or knowingly break, injure or destroy the railroad hereby authorized, or any part thereof, or any work, edifice or device, or any part thereof, to be erected by the said company in liable to pay pursuance of this act, he, she, or they, shall forfeit and pay damages. to the said company three times the actual damages so sustained, to be sued for and recovered, with full costs, before any tribunal having cognizance thereof, by action, in the name and for the use of the said company. struction of SECTION 18. If any person or persons shall wilfully or Wilful ob- maliciously remove or destroy any of the company's conroad made a structions, or place, designedly and with evil intent, any misdemeanor obstruction on the line of the railroad, so as to jeopard the safety and endanger the lives of persons traveling the same, such person or persons so offending, shall be deemed guilty of a misdemeanor, and shall be adjudged, on conviction, to be imprisoned in the state penitentiary for the western district, in the county of Allegheny, for a term not more than two years: Provided,. That nothing herein contained shall: prevent the company from pursuing any other appropriate remedy at law, in such cases. Proviso, SECTION 19. It shall and may be lawful for the president and managers, from time to time to ordain and establish rules and regulations for the due ordering of all traveling. and transportation on the said railroad, and for its preservation, with power to alter, repeal, enlarge or amend the said OF 18 OF THE SESSION OF 1836-7. 147 rules and regulations, as they may deem expedient, and that Company authey shall have full power and authority to prescribe the thorized to kinds and descriptions of cars, carriages, or wagons, to be regulate and used on the said railroad, for the conveyance of passengers, traveling and superintend and the transportation of the mail, or of goods, wares, transportamerchandise, and minerals, and to regulate the speed at tion on road. which they shall travel, and to adopt and enforce such rules and regulations in relation to the transit thereof, as they may deem expedient: Provided, That the toll on any species Proviso. of property shall not exceed an average of six cents per ton per mile, nor upon each passenger an average of six cents per Rate of toll. mile, and the legislature reserves the right to reduce and regulate the tolls hereby authorized. affairs to SECTION 20. At each annual meeting of the stockholders, Annual the president and managers of the preceding year shall ex-statement of hibit to them a complete statement of the affairs and proceedings of the company for such year, and that special stockholders. meetings of the stockholders may be called, by order of the president and managers, or by the president, at the request Special meetof stockholders holding one-fourth of the amount of the capital stock, by like notice as that required for annual meetings, specifying moreover the object of the meeting; but no business shall be transacted at such meetings except Conditions that for which it shall have been called, nor unless a majo- thereof. rity in value of the stockholders shall attend, in person or by proxy. ings. ed to com mence and SECTION 21. If the president and managers and company Time allowshall not proceed to carry on the said work within three years from the passage of this act, and shall not complete complete. the same within seven years, as aforesaid, according to the works, etc. true intent and meaning of this act, or if, after the completion of the said road, the said company shall suffer the same to go to decay, and be impassable for the term of two years, then this charter shall become null and void, except so far as compels said company to make reparation for damages. SECTION 22. The president and managers shall be, and Increase of they are hereby authorized to increase the capital stock of capital stock. the said company, from time to time, so that the whole number of shares thereof shall not exceed five thousand, and to sell and dispose of so many shares as that the whole shall amount to the said number of five thousand, and to receive subscriptions therefor, and to regulate the payments therefor to be made to the said company, and the subscribers to and purchasers thereof, and his, her, or their assignee or assignees, shall be subject to the like penalties and liabilities in regard to the same, as are prescribed by the eighth section of this act: Provided, That the said company shall Proviso. of right to re have the power to borrow money on loan, to enable them to finish their works, and to give mortgages, certificates, or other evidences and securities for the payment thereof, the same to be convertible or not convertible into stock, as shall be agreed on between said company and the lender or Jenders. SECTION 23. If the said company shall at any time misuse Reservation or abuse any of the privileges hereby granted, the legislature sume privile- may resume all and singular, the rights and privileges hereges, and to by granted to the said corporation; the legislature also purchase the reserves the right to purchase the right of said company and right of the the railroad, with its appurtenances, at any time after thirty company and years from the passage of this act, by paying to said company railroad. a sum of money which, together with the tolls received, shall equal the cost and expenses of said railroad, with an interest of eight per centum per annum thereon, and the said company 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. LEWIS DEWART, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The first day of April, one thousand eight hundred and thirty-seven. JOS: RITNER No. 69. An Act Supplementary To the act entitled "An act authorizing the Governor to incorporate the Wallenpaupack Improvement company," and for other purposes. 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 Act of April of the same, That the act entitled "An act authorizing the Governor to incorporate the Wallenpaupack Improvement company," passed the seventh day of April, Anno Domini, 7th, 1830, re vived. |