No. 105. An Act For the incorporation of the "Pittsburg, Kittanning, and Warren 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 Benjamin Darlington, Samuel Baird, Isaac Harris, John P. Bakewell, James Ross, Harmar Denny, Francis Kearns, William Robinson, jr., Robert H. Douthell, George Ogden, George R. White, James Gray, Commiss'rs.. Fourth street, John Morrison, Samuel B. McKinzey, and John Shoenberger, of the county of Allegheny, Jacob Weaver, James Bole, Robert Lowry, William Coyle, James Green, Samuel Cooper, George Rip, John Michling, Robert Spars, Joseph Buffington, Alexander Colwell, Philip Michling, John Gilpin, David Reynolds, Robert Orr, Samuel Hutchison, Chambers Orr, James Waterson, (Terry,) William Templeton, David Lawson, and Richard Reynolds, of the county of Armstrong, James Kinnear, George R.. Espy, James R. Snowden, Alexander McCalmont, Arnold Plumer, John Evans, Andrew Beaumont, Edward Pierce, and R. Power, of the county of Venango, Thomas Struthers, Josiah Hall, Robert Faulkner, Archibald Sanner, Na-thaniel B. Eldred, Guy C. Irvine, Galbraith A. Irvine, Thomas Martin, William A. Irvine, Lansing Wetmore, S. J. Johnson, Abraham Hazleton, Henry Sargent, John King, Walter W. Hoges, and F. W. Brigham, of the county of Warren, are hereby appointed commissioners, and they, or any ten of them, are authorized to open books, at such To open times and places, and upon such notice as they may deem books. expedient, for the purpose of receiving subscriptions to the capital stock of the company hereinafter directed to be incorporated, and if any of said commissioners shall resign, neglect to act, be absent, or become legally incapacitated to act, during the continuance of the duties devolved upon them by this act, others may be appointed in their stead, by a mar jority of the persons named in this act. SECTION 2. The capital stock of said company shall be Capital stock two millions of dollars, in shares of fifty dollars each, and Shares $50 which said capital stock may be increased, if the exigencies of the company shall require it, by the said company, to any each. Who may subscribe. Letters patent. Name, style and title. sum not exceeding five millions of dollars, and any incorporated company, city, or borough, shall have authority to subscribe thereto, as fully as any individual, and such subscription and stock subscribed by any such incorporated body, shall be represented at elections, and other acts of said company, by any president, mayor, chief officer thereof, or any agent, duly authorized thereby, all which subscription may be required in instalments, as the company may thereafter think proper. SECTION 3. When two thousand shares or more are subscribed, and five dollars paid on each of said one thousand shares, a majority of the commissioners shall certify, under their hands and seals, the names of the subscribers, and the number of shares subscribed by each, to the Governor of this commonwealth, and thereupon, the Governor shall forth with, by letters patent, under his hand and the seal of the commonwealth, erect and create the said subscribers, and such others as may thereafter subscribe to the capital stock of said company, and their assigns, into a body politic and corporate, in deed and in law, by the name, style and title of "The Pittsburg, Kittanning and Warren Railroad company," and by that name the said subscribers shall have perpetual succession, and besides all the proper and necesPrivileges & sary incidents of a corporation, shall be capable of suing and being sued, of impleading and being impleaded, in all courts of record, of making, using, and altering a common seal, of ordaining, establishing and enforcing all ordinances, regulations and by-laws, necessary, convenient, or proper, for the conducting and governing the said corporation, and generally, to do all and singular, the matters and things lawfully appertaining to the due management and well ordering of the affairs thereof, and that said company shall have the power and right of purchasing, holding, selling, leasing, conveying and encumbering, by judgment, mortgage, or otherwise, all such estates, real, personal and mixed, as may be convenient and proper for the objects and purposes hereinafter set forth. liabilities. Seal. Organization SECTION 4. A majority of the commissioners named in this act, or any ten of them, and of such as shall have been substituted under the provisions thereof, shall, as soon as practicable after the reception of the letters patent from the Governor, give them three or more weeks notice, in such newspapers as they, or any ten of them, may select, and such further notice as they may deem advisable, of a time and place for the subscribers to the capital stock of said company to meet, and shall at such time and place, proceed to hold an election, by ballot, and appoint three of the subscri bers, (not commissioners,) judges thereof, for the purpose of electing from the stockholders, a president and six managers, for the management of the affairs of said company, who shall continue in office until the day hereinafter fixed for the annual election, and until other officers are elected, under the provisions hereinafter set forth. SECTION 5. There shall be a general meeting of the stockholders of said company held in the city of Pittsburg, on the Annual eleefirst Monday of August of each and every year, for the purtion, etc.. pose of electing a president and managers thereof, and of revising, altering, or abrogating any of the by-laws of said company, and of examining the affairs of said company, an exposition of which shall be then submitted to them by the president and managers thereof, of which meeting, at least three weeks notice shall be given publication in such newspapers as said president and managers shall deem best calculated to give full and effectual information, and previous to such election, the board of directors shall appoint three stockholders, not directors, judges of the election. lands for lo cating road, SECTION 6. It shall be lawful for the said company, their officers, engineers, contractors, and agents, to enter upon any lands, buildings, and enclosures, for the purpose of exploring, surveying, and locating the route of said railroad, Right to en or its branches, doing thereto no unnecessary damage, and ter upon when the route of said railroad, or any of its branches, shall be determined upon by the said company, it shall be and for malawful for said company, their agents, officers, engineers, terials. contractors, and servants, at any time to enter upon, take possession of, and use any such lands, buildings, and enclosures, as may be necessary for carrying into effect the purposes of this act, and shall also have power to enter upon any lands adjoining, or in the neighborhood of such route, and to take, dig, and carry away therefrom any stone, gravel, clay, sand, wood, earth, or other materials necessary, for the constructing, maintaining and repairing said railroad, or for constructing any bridges, culverts, viaducts, and other buildings which may be required in carrying into effect the construction, maintaining, and repair of said railroad, or any of its branches, for all which, compensation shall be made to the Compensaowner or owners of any such lands and materials, as shall tion." be agreed upon between the parties, or as is hereinafter pointed out. SECTION 7. When the said company cannot agree with the owners of any lands, buildings, enclosures and materials, for the purchase, lease, or compensation, proper for the dam-Mode of asage done, or likely to be done or sustained by any such owners certaining of such lands and materials, which it may be necessary for damages. said company to enter, occupy, use or pass over, or to take away in the construction and repair of said railroad, or where, by reason of any legal incapacity of any such owner to contract, or in consequence of the absence of any such owners or owner, no such purchase, lease, or compensation, can be agreed upon, the court of Quarter Sessions of the county in which such railroad, or its branches, is constructing, or when the judges, or any of them, necessary to form such court, are incapacitated by sickness, absence, interest, or relationship to any persons concerned, then the court of Quarter Sessions of any adjoining county, on application thereto by petition, either by said company or owner, or any one, in behalf of either, and at the costs and charges of the said company, when the application is made by said company, or when said company are adjudged to pay damages, shall issue their precept to the sheriff of the proper or adjoining county, as said court may deem advisable, commanding said sheriff to summon six discreet and disinterested persons from the proper or adjoining counties, to meet on or adjoining the lands required, or from whence materials are or may be taken, or at some convenient place adjacent, in not less than ten, nor more than twenty days thereafter, giving such reasonable notice as the court may designate, to both parties, as may be best calculated to advise an absent party, and if four or more of said jurors attend, they shall be empannelled, and if four do not attend, the sheriff may summon others, at a day fixed by him for that purpose, or at once, and the said four or more jurors being so empannelled, and sworn or affirmed, the oath or affirmation to be administered by the sheriff, faithfully, justly, and impartially to value the lands and tenements so occupied, used or required, or intended to be used, occupied, or required, for such railroad and branches, and works therewith connected, and all the damages which the owner or owners will sustain, or may have sustained, by reason of the construction, or proposed construction,or repair, or proposed repair of said road, or its branches, as the case may be, taking into consideration the advantages and disadvantages of the same to the owner or owners, according to the best of their knowledge and judgment, and in case of materials taken, or proposed to be taken, for the purposes aforesaid, that they will faithfully, justly, and impartially value the materials so taken, or to be taken, and find the rate of compensation to be paid therefor by said company, taking into consideration the advantages and disadvantages arising to said owner from the construction of said railroad, and the works thereof, and thereupon, the said inquest shall proceed to view the lands and tenements so used, or intended to be used, and the materials used, or intended to be used, or if necessary, the place whence taken, or intended to be taken, not to be ob SECTION 8. The said railroad shall be so constructed by Public or prithe said company, as not to obstruct or impede the free use vate roads and passage of any public or private roads which they may structed. find expedient to intersect, but it shall be the duty of said company to cause to be made sufficient causeways over any Causeways. such roads, so intersected, as soon as expedient, so as to enable all persons and vehicles to pass over the railroad with safety and convenience, and to maintain such causeways in good repair, and said company, for the accommodation of all persons owning or possessing land through which said. railroad may pass, shall cause to be made good and sufficient. causeways, at such convenient places as the owner or occupier may designate, so as to enable such owner and occupier, and others, to pass over the same safely with wagons or other vehicles: Provided always, That the said shall not company be obliged to make more than one causeway upon each plantation or lot of ground. Proviso. SECTION 9. The said company shall permit at any time, such causeways to be made across said railroad and its Causeways. branches, at the intersection of any public or private road, as the reviewers laying out the same may deem expedient, and provided the same is so made as not to impede or render inconvenient the passage of the cars and carriages upon said railroad, and the said railroad shall also permit any owner of lands through which the said railroad or its branches may pass, to erect such causeways as the court of Quarter Sessions of the county may adjudge convenient, upon views and reviews, conducted as required by the general road laws of this commonwealth: And provided, the same are so constructed as not to impede or render inconvenient the passage of cars and carriages upon such railroad. Proviso. Transporta tion on the SECTION 10. As soon as any portion of said railroad is perfected, the company shall have power to place thereon road. cars, carriages, or wagons, constructed as they may deem |