open. ces. where the said book shall be open to receive subscriptions, for the stock of the said company; at which respective times and places, some one of the said commissioners shall attend, and shall Who may permit all persons of lawful age, who shall offer to subscribe in the subscribe. said books, in their own name, or names of any other persons, who shall duly authorize the same, for any number of shares in the said stock; and the said books shall be kept open respectively, for the purpose aforesaid, at least six hours in every juridical Time of keepday, for the space of six days, or until the said book opened at ing the books Philadelphia, shall have five hundred shares therein subscribed; Number of the said book opened in the county of Philadelphia, two hun- shares to be dred and fifty shares; the said book opened in the county of subscribed at different pla Jefferson, fifty shares; the said book opened in the county of Clearfield, one hundred shares; the said book opened in the county of Mercer, three hundred shares; the said book opened in the county of Venango, three hundred shares; the said book opened in the county of Crawford, four hundred and fifty shares; and the said book opened in the county of Erie, eighty shares; and if at the expiration of the said six days, the books aforesaid, or any of them, shall not have the respective number of shares as aforesaid, therein subscribed, the said commissioners Commission. respectively may adjourn from time to time, and transfer the said ers may adbooks from place to place, aforesaid, until the whole number of journ and shares shall be subscribed; of which adjournments and transfer, books. the commissioners aforesaid shall give such public notice, as the occasion may require; and when the whole number of shares subscribed in all the said books, shall amount to two thousand, the same shall be closed: Provided always, that every person offering to When books subscribe in the said books, in his own name, or any other name to be closed. shall previously pay to the attending commissioners, the sum of Proviso, for three dollars for every share to be subscribed, out of which shall paying 3 dolbe defrayed the expenses attending the taking such subscriptions, share at the and other incidental charges; and the remainder shall be paid time of subover to the treasurer of the corporation, as soon as the same shall scribing. be organized; and the officers chosen as hereinafter mentioned, to be by him from time to time, invested in the name of, and for the benefit of the said corporation, in some public fund or stock within the state of Pennsylvania.. transfer their lars in each the same to SECT. II. And be it further enacted by the authority aforesaid, 2000 shares, That when two thousand, or the whole number of shares shall or more being be actually subscribed, the said commissioners shall certify, under subscribed, their hands and seals, the names of the subscribers and the be certified to number of shares subscribed by each, to the governor of this the governor, commonwealth; and thereupon it shall and may be lawful for and letters the governor, by letters patent under his hand and the seal of patent to isthe state, to create and erect the subscribers into one body poli sue. tic and corporate, in deed and in law, by the name, style, and title Style of the of "The president, managers and company, of the Susquehan- corporation. ges. Their powers na and Waterford turnpike road;" and by the said name, the and privile said subscribers shall have perpetual succession, and all the privileges, and franchises incident to a corporation; and shall be capable of taking, and holding their said capital stock, and the increase and profits thereof, and of enlarging the same from time to time, by new subscriptions, in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent of this act; and of purchasing, taking, and holding to them, and their successors and assigns, and of selling, transferring and conveying in fee simple, or for any lesser estate, all such lands, tenements, hereditaments, and estate, real and personal, as shall be necessary to them in the prosecution of their works; and of suing and being sued; and of doing all and every other matter and thing, which a corporation or body politic may lawfully do. Governor to subscribe 125,000 dollars in the stock. Where the money is to President and of road com SECT. III. And be it further enacted by the authority aforesaid, That whenever the said company shall have been incorporated, the governor of this commonwealth shall subscribe on behalf of the state, one hundred and twenty-five thousand dollars, stock in the said road, which subscription shall be apportioned to the distance of the whole road, and laid out and expended on the same, according to the said apportionment in the following manner, and in no other; that is to say, the sum of one hundred thousand dollars shall be laid out on that portion of the road be expended. which lies between the rivers Susquehanna and Allegheny, and twenty five thousand dollars on that part which lies between the town of Franklin, and the town of Waterford; and whenever managers to the length of the said parts or portions shall be ascertained, it certify to the shall be the duty of the president and managers of the said road, state-treasur- to certify the length of each portion, to the state-treasurer, who er the length shall upon the receipt of the same, pay on the orders of the said pleted from president and managers, to the treasurer of the said company, time to time, such sums of money, as will according to the said apportionwho shall pay ment, and the limitation herein established, be applicable to a section of five miles on the east side of the Allegheny, and to a section of the same distance on the west of the said river; and when the said sections, or either of them, will have been completed and licensed by the governor, it shall be the duty of the state-treasurer, to pay, in manner as aforesaid such other sum or sums as will be applicable in manner aforesaid to one or two other sections of the road as the case may be; and so on from time to time as the sections will have been finished as aforesaid, until the whole of the said road will have been completed; but no more money shall at any one time be paid, than what may be found corresponding to a section of five miles, on each or either side of the Allegheny river, until the said section or sections will have been completed and licensed: Provided, that the said sum subscribed by the governor, on behalf of the commonwealth,` in certain proportions, how the money is to be applied. Proviso. shall be considered and taken in part of the appropriation made by the fourth section of an act, entitled "An act to encourage the constructing of certain great and leading roads within this commonwealth, and the erection of bridges over the Susquehanna, at Harrisburgh, Northumberland, Columbia and M'Call's ferry," passed the second day of April, anno Domini, one thousand eight hundred and eleven. stockholders the corpora tion. strictions. What officers are to be cho. SECT. IV. And be it further enacted by the authority aforesaid, CommissionThat the commissioners aforesaid, as soon as conveniently may ers to give be, after the said letters patent shall be sealed and obtained, shall notice to the give notice, in two or more of the public papers in Philadelphia, to meet for one of which shall be in the German language; and also in the the purpose Crawford Messenger, Western Press, and Pittsburgh Common- of organizing wealth, aforesaid, respectively, of the time and place by them to be appointed, not less than thirty days from the publication of the first notice; at which time and place, the said subscribers shall proceed to organize the said corporation; and shall choose by a ma- Stockholders jority of votes of the said subscribers, by ballot, to be delivered in may vote by person or by proxy duly authorized, which proxy shall have been proxy under obtained, and bear date within twelve months previous to the elec- certain retion, at which such proxy shall be presented; but no transfer or extension thereof to a third person shall be admitted; one pre. sident, twelve managers, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company, for one year; and until such other officers shall be chosen and shall and may make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of the United States, or of this commonwealth, as shall be neces- laws. sary for the well-ordering the affairs of the said company: Pro- Proviso. vided always, That no person shall have more than five votes at No person to any election, or in determining any questions arising at such have more meeting, whatever number of shares he may be entitled to; and votes. that each person shall be entitled to one vote for every share by him held, under the said number: Provided nevertheless, that all Proviso for future annual elections of the said corporation, shall be held with future elecsuch notice, and in manner and form, as aforesaid, at such places tions. as the managers aforesaid shall direct and appoint. sen. Power to make by than five SECT. V. And be it further enacted by the authority aforesaid, That Annual meet. the said company shall meet on the first Monday in June, in ing of the company on every year, at such place as shall be fixed by their by-laws for the first Monthe purpose of choosing officers as aforesaid, for the ensuing year, day in June. in manner aforesaid; and at such other times as they shall be And at other summoned by the managers, in such manner and form as shall times as prebe prescribed by their by-laws; at which annual or special scribed by by meetings, they shall have full power and authority to make, alter, or repeal, by a majority of votes, in manner aforesaid, all such by-laws, rules, orders and regulations, as aforesaid; and to do and perform any other corporate act. laws. Certificates form. SECT. VI. And be it further enacted by the authority aforesaid, of stock to be That the president and managers, first to be chosen as aforesaid, given-their shall procure certificates, to be written or printed, for all the shares of the stock of the said company; and shall deliver one such certificate, signed by the president, and countersigned by the treasurer, and sealed with the common seal of the said corporation, to the go, vernor, for each share subscribed by him on the part of the state; and to each person for every share by him subscribed and held, 5 dollars to be he paying to the treasurer, in part of the sum due thereupon, paid on each the sum of five dollars for each share; which certificate shall be share. transferable at his pleasure, in person, or by attorney, in the presence of the president or treasurer; subject however to all payments due, and to become due thereon; and the assignee, holdAssignments ing any certificate, having first caused the assignment to be entered in a book of the company, to be kept for the purpose, shall be a member of said corporation; and for every certificate by him held, shall be entitled to one share of the capital stock, and of all the estates and emoluments of the company, and to vote as aforesaid, at the meetings thereof. How stock transferable. to be entered in a book. Five members to con rum to do bu siness. SECT. VII. And be it further enacted by the authority aforesaid, That the said president and managers, shall meet at such times stitute a quo- and places, and be convened in such manner as shall be agreed on for transacting their business, at which meeting, five members shall form a quorum, who in the absence of the president, Minutes of may choose a chairman; and shall keep minutes of all their their protransactions, fairly entered in a book; and a quorum being met, ceedings to they shall have full power and authority, to agree with, and be kept. appoint all such surveyors, superintendants, artists, and officers, Power to ap- as they shall judge necessary to carry on the intended works point superintendants, &c. and to fix their salaries or wages; to ascertain the times, manand fix their ner, and proportions, when, and in which the stockholders shall pay the money due on their respective shares, in order to carry on the work; to draw orders on the treasurer for all monies necessary to pay the salaries or wages of persons by them employed; and for the labour done, and materials provided in the prosecution of the work; which orders shall be entered or registered in their book of minutes, and shall be signed by the president, or Orders to be in his absence, by a majority of a quorum, and countersigned drawn on the by their secretary; and generally to do all such other acts, mattreasurer for ters and things, as by the by-laws, rules, orders and regulations paying workof the company, shall be committed to them. wages. Fix the time men, &c. Penalty on stockholders, for neglect ing to pay their instalments. SECT. VIII. And be it further enacted by the authority aforesaid, That if any stockholder, whether original subscriber or assignee, after thirty days notice in two of the public papers in Philadel phia, one of which shall be in the German language; and also in the Pittsburgh Commonwealth, Crawford Messenger, and Western Press, respectively, of the time and place appointed for the payment of any proportion, or instalment of the said capital be forfeited stock, in order to carry on the work, shall neglect to pay such proportion, at the place appointed, for the space of sixty days after the time appointed for the payment thereof, every such stockholder shall, in addition to the instalment so called for, pay at the rate of five per centum per month, for every delay of such payment; and if the same, and the said additional penalties, shall remain unpaid for such space of time, as that the accumulated penalty shall become equal to the sums before paid, in part, and on account of such share, the same may be forfeited by and Shares may to the said company, at any public meeting of the managers and sold, thereof, and may be sold by them, to any other person or persons willing to purchase, for such price as can be obtained therefor; or in default of payment by any stockholder, of any such Suit may be instalment as aforesaid, the said president and managers may, at brought for their election, cause suit to be brought in any court having com- instalments. recovering petent jurisdiction, for the recovery of the same, together with the penalty aforesaid: Provided always, that no stockholder, Stockholder whether original subscriber or assignee, shall be entitled to vote not entitled at any election, or at any general or special meeting of the said who is in arcompany, unless the whole sum due and payable as aforesaid, rears with on the share or shares by him held at the time of such election, the company. or general or special meetings of the said company, shall have been fully paid and discharged as aforesaid. to vote enter en quarries, &c. Fixed points, SECT. IX. And be it further enacted by the authority aforesaid, Officers of That it shall and may be lawful, to and for the said president the company and managers, their superintendants, surveyors, engineers, artists, authorized to and chain-bearers, to enter into, and upon all and every the closures to lands, tenements and enclosures, in, through, and over which lay the road. the said intended turnpike road may be thought proper to pass; Examine and to examine the ground most proper for the and the purpose, quarries, and beds of stone and gravel, and other materials in the vicinity, that may be necessary in making and constructing Waterford, the said road; and to survey, lay down, ascertain, mark, and fix Meadville, such route or tract for the same road, as in the best of their and Franklin, judgment and skill, will combine shortness of distance with the to the river Susquehanmost practicable ground from Waterford, in the county of Erie, na, near the through Meadville and Franklin, to the river Susquehanna, at mouth of Anor near the mouth of Anderson's creek, in Clearfield county. derson's SECT. X. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said president and Right to enter enclomanagers, by and with their superintendants, engineers, artists, sures, doing workmen, and labourers, with their tools and instruments, carts, the least pos waggons, wains, and other carriages, and beasts of draught and sible damage. burden, to enter upon the lands, in, over, contiguous, and near creek. to which the route and track of the said intended road shall pass, first giving notice of their intention to the owners or occupiers thereof; and doing as little damage thereto as possible, and repairing Repair breaches they may make in the enclosures thereof, and mak- breaches, &c any |