Proviso.

Tolls.

May be reduced.

Machines,

carriages &

teams for

tion.

Tolls and freight.

to time reasonable: Provided, the toll on any species of property shall not exceed five cents per ton per mile, nor upon passengers not more than three cents each per mile; and it shall be further lawful for the president and directors of said company, to prescribe the kind of carriages, wagons, and conveyances, which shall be used on said railroad, for the transportation of persons and commodities, and to adopt such regulations as to the transit of wagons and carriages on the said road, as may seem to them most conducive to the interests of the public, and of persons using the same, and the legislature reserves the right to reduce and regulate the tolls.

SECTION 14. The president and directors shall have full power to purchase with the funds of the said company, and place on the said railroad all machines, vehicles, carriages transporta- and teams, of any kind whatsoever, which they may deem proper and necessary for the purposes of transportation, and that they may also, to any extent which they may deem advisable, transport all goods, wares, minerals and merchandise, or other articles, that may be offered them for transportation, and all passengers wishing to be conveyed on their railroad, and the said president and directors may charge for toll and freight on all articles, and for passengers, so conveyed by them, their officers and agents, not exceeding twice the rates granted in the preceding section of this act for toils alone: Provided, That if the said machines, wagons, vehicles, carriages and teams, shall be so used on the said railroad as to prevent or render unsafe the traveling upon any canal or public road now constructed or laid out, on or near the line of the said railroad, the legislature may order and direct such rules and regulations for the said machines, wagons, vehicles, carriages and teams, as will secure such traveling safe and uninterrupted, and if such traveling shall be unsafe or interrupted, the court of Quarter Sessions of the respective counties through which the said railroad shall pass, may order and direct such rules and regulations, until the legislature shall have acted thereupon.

Proviso.

Dividends.

Liability of

direc ors.

SECTION 15. Dividends of so much of the profits of the institution as shall appear advisable to the directors, shall be declared at least twice in every year, and paid to the stockholders on demand, at any time after the expiration of ten days therefrom, but they shall in no case exceed the amount of the nett profits actually acquired by the company, so that the capital stock shall never thereby be impaired; if the said directors make any dividend which shall impair the capital stock of said institution, the directors consenting thereto, shall be liable in their individual capacities to said company,

for the amount of stock so divided, and each director present when such dividend is made, shall be adjudged to be consenting thereto, unless he forthwith enter his protest on the minutes of the board, and give public notice to the stockholders at the declaring of such dividend.

SECTION 16. If it shall appear to the said company, that Capital may the amount of capital authorized by this act is insufficient be increased. to complete the said railroad, and to accomplish the several objects of this charter, it shall be lawful for the stockholders assembled at any annual or special meeting, to increase the said capital to the necessary amount, by increasing the number of shares, and directing an additional subscription: Pro- Proviso, vided, That the said capital shall in no case be increased so as to exceed one million of dollars.

SECTION 17. If the said company shall not commence the Time of comconstruction of the said railroad within the term of five years mencing from the passing of this act, or if after the completion of the work, etc. said railroad, the said corporation 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 18. The said company shall not prevent any Lateral person or persons being owner or owners of lands bordering roads to conon said railroad, or adjacent thereto, from making such late- nect. ral roads, and to connect them with said railroad, from their said lands, as the said person or persons may conceive necessary, but so as not to interfere with or impede the use thereof.

SECTION 19. At the end of the third year after the charter Statement of shall be obtained, and at the end of every year thereafter, there account, etc. shall be furnished to the legislature an abstract of the ac- to be made to counts of the company, shewing the amount of the capital paid the legisla in, and the debts of the said company, the amount received ture, for tolls and transportation, the rates charged on the amount of dividends declared, which abstract shall be verified by the oath or affirmation of the president or treasurer of said company, and the said company shall pay annually into the treasury of the commonwealth, a tax of eight per cent. on all dividends which may exceed six per cent. per annum on the capital stock actually paid in.

Tax on divi.

dends.

SECTION 20. If the said company shall at any time misuse Legislature or abuse any of the privileges herein granted, the legislature may resume may resume, all and singular, the rights and privileges the rights & hereby granted to the said corporation; the legislature also privileges. reserves the right to purchase the rights of said company, May purand the railroad, with the appurtenances, at any time after chase the thirty years from the passage of this act, paying to said road, etc.

company a sum of money which, together with the tolls received, shall be equal to the cost and expenses of said rail. road, with an interest of eight per cent. per annum thereon. LEWIS DEWART,

Speaker of the House of Representatives.

J. R. BURDEN,

Speaker of the Senate. APPROVED-The third day of April, Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER..

No. 77.

A Further Supplement

To the act entitled "An act authorizing the Governor to incorporate the Bald Eagle and Spring Creek Navigation company, and to authorize the Canal Commissioners to construct a Canal around the abutments of the bridge at Bairdstown, 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 of the same, That the Canal Commissioners are hereby authorized and required to construct, as soon as expedient, a canal, either through or round the abutment of the Blairsville bridge, at Bairdstown, in Westmoreland county, or construct such other improvement of a permanent character, and in such manner so as to avoid the danger of passing said Bairdstown, bridge, as they may deem proper and expedient, the cost of West'd. co. which, (in addition to the two thousand dollars already appropriated,) be paid out of any money in the treasury not otherwise appropriated.

Canal round Blairsville bride at

Appropria'n. SECTION 2. That the sum of three thousand and sixty-five of 3065 dolls. dollars be, and the same is hereby appropriated for the purto depot ma- pose of finishing and completing the depot machine shop at Hollidaysb'g. Hollidaysburg, which the Canal Commissioners are hereby

chine shop at

required to do as soon as practicable. Claim of G. SECTION 3. That the Canal Commissioners be, and they D. Foreman, are hereby authorized to examine the claim of George D. cont'ron Erie Foreman, contractor for Lock No. on the Erie extension of the Pennsylvania canal, for injury sustained in consequence of the flowing of water back on the said lock, caused by the erection of the Shenango Feeder dam, and if

extension

Pa. Canal.

upon examination, they are satisfied that he has sustained damage, then to make him such allowance as shall be just and reasonable.

Phil. & Col.

SECTION 4. That the Canal Commissioners are hereby authorized and required to inquire into the claim for damages made by John Corregan, transporter of merchandise on Claim of J. the Philadelphia and Columbia Railroad, in consequence of Corregan, the breaking of the rope on the inclined plane near Columbia, transp'tr. on on the thirteenth day of September last, by which accident, railroad. it is alleged, his cars were broken and destroyed, and to report the amount of damages sustained, if any, and pay the same out of the damage fund, and the said payment shall be allowed by the Auditor General as in other cases.

SECTION 5. That the State Treasurer be, and he is hereby required to pay to the president and directors of the Columbia bridge company, the unexpended balance of the sum of State Trea'r. four thousand and twelve dollars and fifty-two cents, which required to was appropriated by the act of February twenty-seventh, one pay Columbia thousand eight hundred and thirty-five, entitled "A sup-balance of bridge co. a plement to the act providing for the laying of rails on the $4012 50. Columbia bridge," and the Resolution relative to laying rails upon the Columbia bridge," passed the twenty-sixth day of March, one thousand eight hundred and thirty-three, which said balance is intended to remunerate the said company for the expense incurred in erecting weigh scales at the west end of said bridge.

Commis❜rs.

SECTION 6. That the Canal Commissioners be, and they Work done hereby are authorized and required to estimate or cause to by Sam'l. R. be estimated, the amount of work done by Samuel R. Rich- Richards, to ards, if any, for which he has not yet been paid, in removing be estimated a hill slip at locks number three and number four, and secby Canal tion seventy-nine, on the Kiskiminetas and Conemaugh line of the Western Division of the Pennsylvania Canal, and if, upon an investigation of the claim of the said contractor, they should find any thing due him, the Auditor General is hereby authorized to audit the same, in the way and manner that other claims are audited; and the said commissioners shall have power to subpoena witnesses, to compel their attendance by attachment, if necessary, and to administer oaths or affirmations to said witnesses.

LEWIS DEWART,

Speaker of the House of Representatives.
J. R. BURDEN,

Speaker of the Senate.

APPROVED-The third day of April, Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER.

hibited from sunset on

No. 78.

A Supplement

To the several acts regulating Fisheries in the river Delaware.

SECTION 1. Be it enacted by the Senate und House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority Fishing pro- of the same, That from and after the passing of this act, if any person whosoever, shall cast or lay out any seine or net in the river Delaware, within the concurrent jurisdiction of this state and the state of New Jersey, from sunset on Saturday, until twelve o'clock on Sunday night, of each and every week, he, she, or they, so offending, shall forfeit and pay the sum of one hundred dollars, together with costs of suit, for each and every offence.

Saturday, to 12 o'clock on Sunday niglit.

Regulating the meshes of seines at

SECTION 2. That if any person or persons shall cast, draw, or otherwise make use of any seine or net of a larger certain times. mesh than three inches, for the purpose of catching fish in the river Delaware, within the jurisdiction of this state, below the head of Trenton Falls, between the fifth day of June and the tenth day of July, in any year, or above the head of Trenton Falls, of any seine or net of a larger mesh than two Penalty for inches, between the tenth day of June and the tenth day of offending. July, in any year, he, she, or they so offending, shall forfeit and pay the sum of one hundred dollars, together with costs of suit, for each and every offence.

Regulating gilling seines

and drift nets.

Dimensions

of seines and nets to be

used at certain times. Penalty.

SECTION 3. That if any person or persons shall at any time hereafter, unlawfully make use of any gilling-seine, or drift-net, in the river Delaware, within the concurrent jurisdiction of this state and the state of New Jersey, below the Trenton bridge, without having first entered his gilling-seine or drift-net fisheries, as required by this act, or the act or acts to which this is a supplement, or beyond the right angles of the shore boundaries of the said fishery, so entered, or with a mesh larger than six inches and a half, or with a net longer than sixty fathoms, between the first day of March and the tenth day of July, of each and every year, every person so offending, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by fine, not exceeding one hundred dollars, or by imprisonment in the county jail, not exceeding three months, or both, at the discretion of the court before which such offender or offenders shall be convicted.