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Tolls.

railroad.

best adapted for the transportation of passengers and com-
modities to the advantage of the public, and may permit to
place such cars and carriages, or wagons thereon, of such
construction, and under such limitations and restrictions as

they may deem proper, and the said company is hereby au-
thorized to charge and take toll for freight and transportation
of passengers, goods, produce, merchandise, and commodities,
at rates as follows, viz: On all goods, produce, merchan-
dise, property, and commodities, transported upon the said
railroad and its branches, any sum not exceeding ten cents
per mile per ton for toll, and five per cent. per ton per mile
for transportation, and for the transportation of passengers,
not exceeding five cents per mile for each passenger,
and the
legislature reserves the right to reduce the tolls hereby au-
thorized.

SECTION 11. Any person or persons who shall wilfully Penalty for and maliciously, by any means, injure or destroy any part injuring the of the railroad constructed by said company, or any of the works, buildings, vehicles, machines, implements or materials of said company, such persons so offending, shall, on conviction thereof, be punished by fine and imprisonment, in the jail of the proper county, or western penitentiary, at the discretion of the court of Quarter Sessions of the county in which the office is committed.

Of transfers of stock.

pay instal

menis.

SECTION 12. The stockholder indebted to the company, shall not be authorized to transfer his stock, or any part thereof, or to receive any dividend, or any portion thereof, until such debt is discharged or secured, to the satisfaction of the board of directors, all transfers of stock to be made on the books of the company in the presence of either the president, treasurer, or such other officers as the board of directors may appoint.

SECTION 13. If after thirty days notice in the public Penalty for papers, of the time and place appointed for the payment of neglecting to any instalment of the said capital stock, any stockholder shall neglect to pay such instalment, at the place and time appointed, for the space of thirty days after the time so appointed, every such stockholder or his assignee shall, in addition to the instalment so called for, pay interest at the rate of two per cent. per month, from the time such instalment was required to be paid, and if such stockholder shall neglect the payment thereof, for the space of sixty days, the said company shall have the right to declare the said stock, and all payments made thereon, forfeited to the company, Forfeiture. and after such declaration or forfeiture, the said stock and payments shall be vested in said company, to be by said company sold for the use of said company, or disposed of as

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said company shall deem advisable: Provided always, That Proviso.
the company shall have the power to sue for and recover
such instalment, at their election.

SECTION 14. The president and managers of said company shall annually, or semi-annually, declare and make Dividends. such dividend as they may deem proper, of the nett profits arising from the resources of said company, after deducting the current and probable contingent expenses, and they shall divide the same amongst the proprietors of the stock of said company, in proper proportions to their respective shares: Proviso. Provided always, That until the completion of the main line of said railroad, the said president and managers shall have the power, if they deem it expedient, to apply the whole of the profits aforesaid to the construction and completion of said road: And provided also, That no declaration of 2d Proviso. dividend shall be so made as to impair the capital stock of said company, and the said company shall pay annually into the treasury of the commonwealth, a tax of eight per centum Tax. on all dividends which may exceed twelve per centum on the capital stock actually paid in.

SECTION 15. The commissioners nominated in the first Commiss'rs section of this act, shall have the power to manage and con-to act until duct the affairs of the company hereby incorporated, until election. the officers thereof shall be elected, as directed in this act. SECTION 16. Provided, That the said company shall not, directly or indirectly, engage in any banking or manufac- prohibited. turing concerns or business.

Banking, &c.

tion, etc.

SECTION 17. If the president, managers and company, Time of somshall not proceed to carry on said work within five years mencement from the passage of this act, and shall not complete the same and complc. as aforesaid, in ten years, according to the true intent and meaning of this act, or if after the completion of the said road, 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.

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SECTION 18. If the said company shall at any time misuse Legislature or abuse any of the privileges hereby granted, the legislature may resume may resume all and singular, the rights and privileges hereby purchase the privileges, & granted to the said company; and the legislature reserves road. the right to purchase the right of said company, and the railroad, with its appurtenances, at any time after thirty years from the passage of this act, by paying to said company 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.

Allegheny SECTION 19. The said company shall not construct their river not to works in such manner as to prevent the improvement of be obstructed the said Allegheny river, by clearing the channel thereof, or by slack water and canals, or either: Provided, The same be done by the commonwealth.

Proviso.

Slack water

Proviso.

SECTION 20. And the said company shall have the privinavigation. lege of making and constructing a slack water navigation of the Allegheny river, or canaling the same, at such places, and for such distances, as they may deem best calculated for their interests: Provided however, That the state may at any time after thirty years, purchase the right of the said company to their works, upon paying the said company the cost thereof, including all charges, and interest on the same at the rate of eight per cent. per annum.

Power to lo

cute and construct.

SECTION 21. The president and managers of the Pittsburg, Kittanning and Warren Railroad company, shall have full power and authority to locate and construct a railroad, with as many tracks as they may deem expedient, with all necessary fixtures for the regulation and well being of the same, from the Allegheny river, at the borough of Franklin, to the Ohio river, at or near the borough of Beaver, by the most direct and eligible route, subjected to all the privileges and penalties provided for and enjoined by the act incorporating said company.

LEWIS DEWART,

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

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

JOS: RITNER

No. 106.

An Act

Appropriating the state dividends of stock held in the Youngmans-
town and Bellefonte Turnpike Road, in aid of the Lewisburg and
Youngmanstown Turnpike Road, and for the preservation of the
Cumberland road, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in Gen

eral Assembly met, and it is hereby enacted by the authority of the same, That the dividends declared, or to be declared, upon the stock held by the state in the Youngmanstown and Bellefonte turnpike road, be, and the same are hereby appro- Dividends priated to the payment of the debt due by the company appropriated. incorporated to make a turnpike road from the south end of the Lewisburg bridge to Youngmanstown: Provided, That Proviso. the sum so appropriated, shall not exceed the sum of twentyfour hundred dollars.

the State

SECTION 2. That the said dividends shall be paid into the State Treasury, by the Youngmanstown and Bellefonte Turn- Dividend to pike company, in the usual way, and the State Treasurer is be paid into hereby directed to pay the same, to the amount limited in Treasury,etc the first section of this act, to the president and managers of the Lewisburg and Youngmanstown Turnpike road company, upon their depositing in the office of the State Treasurer, certificates of stock to the amount of such payments, and the dividends upon such certificates of stock shall be thenceforth from time to time paid into the State Treasury, as they shall be declared by the company.

Fuel exempted from payment of toll on Cumber

SECTION 3. From and after the passage of this act, all persons engaged in the transportation of fuel for home consumption, on that part of the Cumberland Road which passes through Pennsylvania, shall be exempt from the payment of toll, any thing in the act for the preservation and repair of land road. the Cumberland Road to the contrary notwithstanding.

SECTION 4. The supervisors of roads in every town, township, or borough, within the county of Northumberland, be, Duty of road and they are hereby authorized and directed, under the supervisors. penalties provided by the present road laws, to make and

keep in good repair all public roads and highways that have

or may become so by law, within said county.

town road.

WHEREAS, the commissioners named in the act of the Preamble reltenth April, eighteen hundred and thirty-five, authorizing ative to state the laying out of a state road from Bethlehem and Sumney road from town road, in Lehigh county, to the Bethlehem and Phila-Bethlehem delphia road, in Bucks county, did proceed to lay out and and Sumneyconfirm said road, and that part which lies in Lehigh county was duly opened, and bridges erected, but that part of it which lies in the county of Bucks has not been opened, in conse. quence of its being over five degrees from a horizontal line mentioned in said act; Therefore,

SECTION 5. The court of Quarter Sessions of Bucks coun

ty, are hereby authorized to cause that part of the road Road to be aforesaid, which lies in Bucks county, to be opened, in the opened. same manner, and to the same extent as is now provided by

law for opening county roads.

Superinten- SECTION 6. The commissioners of unincorporated Penn dents of roads township, shall have full power to employ one or more per

in Penn

township.

son or persons, to be superintendents of the roads, for the purpose of making and keeping the same in good order and repair, and the said commissioners shall not, after the passage of this act, put the whole or any part of any road or roads in said township, under contract, for the repair of the same, as is usual in the incorporated parts of the county of Philadelphia, and so much of any act as is hereby altered or supplied, be, and the same is so far, and no farther, repealed.

LEWIS DEWART,

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

Speaker of the Senate.

APPROVED-The fourth day of April, one thousand eight hundred and thirty-seven.

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To the act entitled "An act to authorize the printing and distribution of the Pamphlet Laws in the German language, passed January twenty-third, A. D. one thousand eight hundred and thirtyseven, 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 price of paper and printing of the Pamphlet Laws in the German language, as provided for by the act to which this is a supplement, shall be two and one Price of prin- half cents per sheet for each copy, including translation, ting, folding and stitching and that the price of folding, stitching, and delivering, shali not exceed four and one half cents a copy; the number of 2000 copies. copies to be printed for the present year, shall be two thousand, and that so much of the act to which this is a supplement, as is hereby altered or supplied, is hereby repealed.

SECTION 2. That the minutes of the council of the proprietary Government, from the year one thousand six hunMinutes of dred and eighty-one, to one thousand seven hundred and seventeen, inclusive, which are deposited in the office of the Secretary of this Commonwealth, with a suitable index, and

the council

to be printed.

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