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No. 164.

AN ACT

For the relief of George Merkel, Casper Marsch, John Richner, John
Reed, Conrad Rager and Tobias Sype, soldiers, and Sarah Warner and
Jane Dawson, the widows of soldiers of the revolutionary war, and
for the relief of Jacob Snyder.

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the $40 gratuities same, That the State Treasurer be and he is hereby authoriand annuities Zed and required to pay to George Merkel, of Berks county, granted to G. Casper March, John Richner and John Reed of NorthampMerkel, C. ton county, Conrad Rager of Fayette county, and Tobias March, J. Sype of York county, soldiers of the revolutionary war, or Richner, J. Reed, C. Ra- to their respective orders, forty dollars immediately, and an annuity of forty dollars each during life, payable half yearly, to commence on the first day of January, one thousand eight hundred and thirty-three.

ger and T.

Sype.

Same to Sa rah Warner.

SECT. 2. And be it further enacted by the authority aforesaid, That the State Treasurer be and he is hereby authori zed and required to pay to Sarah Warner, of Mercer county, the widow of a revolutionary soldier, or to her order, forty dollars immediately, and an annuity of forty dollars during life, to commence on the first day of January, one thousand eight hundred and thirty three.

SECT. 3. And be it further enacted by the authority aforesaid, That the State Treasurer be and he is hereby authori$40 grat. to Jane Dawson. Zed and required to pay to Jane Dawson, of Juniata county, in right of her late husband Robert Patterson's services in the revolution, or to her order, a gratuity of forty dollars.

$150 gran ed to J. Snider for a horse killed in service.

SECT. 4. And be it further enacted by the authority aforesaid, That the Auditor General be and he is hereby authorized and directed to draw his warrant on the State Treasurer, in favor of Jacob Snider, of Chambersburg, for the sum of one hundred and fifty dollars, being the price of a horse killed in the transportation of the camp equipage and baggage of a detachment of militia, from Franklin county to Meadville, in September eighteen hundred and twelve, in full of all claims for loss of said horse.

SAM'L. ANDERSON,

Speaker of the House of Representatives:

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The ninth day of April, Anno Domini, eigh

teen hundred and thirty-three.

GEO WOLF.

No. 165.

AN ACT

To authorize the Governor to incorporate the president, managers and company, of the Butler and Freeport turnpike road company.

stock.

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That William Ayres, Jacob Mechling, John Bredin, Commiss'rs. Joseph M'Quiston, William Campbell and John Negley, of appointed to Butler county, and James Bole, William W. Gibson, Tho- receive submas Robinson and Jacob Weaver, of Armstrong county, be scriptions of and are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: they shall, on or before the first day of July next, procure a book and enter in it as follows: We, whose names are hereunto subscribed, do promise to pay unto the president, managers heading to and company of the Butler and Freeport turnpike road, the subscription. sum of twenty dollars for every share of stock set opposite Shares $20 to our respective names, in such manner and proportions and each. at such times as shall be determined on, by the president and managers of the said company, in pursuance of an act of the General Assembly of this Commonwealth, entitled "An act to authorize the Governor to incorporate the president, managers and company of the Butler and Freeport turnpike road," As witness our hands the day of

Form of

General du

in the year of our Lord, one thousand eight hundred and ;" and shall thereupon give notice, in all the newspapers printed in the counties of Armstrong and Butler for one calendar month at least, of the time and place when and where the said book shall be opened to receive subscriptions for the stock of the said company, at which time and place some one of the said commissioners shall at- ties of the tend and permit and suffer all persons of lawful age who stook com'rs. shall offer to subscribe in the said book, in their own name, or in the name of any other person, who shall duly authorize the same, for any number of shares of the said stock, and the said book shall be kept open respectively, for the purpose aforesaid, for at least six hours in every juridical day, for the space of three days and until the said book so opened shall have one hundred shares therein subscribed, and if at the expiration of the said three days, the book aforesaid shall not have the number of shares aforesaid therein subscribed, the said commissioners respectively may adjourn from time to time, and transfer the books from place to place, until the whole number of shares shall be subscribed, of which

414

ters patent

authorized to

issue.

Style of

corporation.

adjournment and transfer, the said commissioners shall give such notice as the occasion may require.

SECT. 2. And be it further enacted by the authority aforesaid, That whenever ten or more persons shall have subscriUpon the bed fifty shares or more of said stock, the commissionsubscription of 50 shares ers shall certify, under their hands and seals, the names of by 10 or more the subscribers and the number of shares subscribed by each, persons, let to the Governor, and thereupon it shall and may be lawful for the Governor, by letters patent under his hand and the seal of the state, to create and erect the subscribers, and if the said subscription be not full at the time, then also those who shall afterwards subscribe to the number aforesaid, into one body corporate and politic, by the name, style and title of "The President Managers and Company of the Butler and Freeport turnpike road;" by the said name the 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, 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 and meaning of this act, and of purchasing, taking and holding to them and their successors and liabilities. and assigns, and of selling, transferring and conveying in fee simple or for any less estate, all such lands, tenements, hereditaments and estates, real and personal, as shall be ne cessary to them in the prosecution of their works, of suing and being sued, and doing all and every other matter or thing which a corporation or body politic may lawfully do.

Privileges

SECT. 3. And be it further enacted by the authority aforesaid, That the commissioners aforesaid, as soon as conOf the orgar veniently may be after the said letters patent shall be sealed ization of and obtained, shall give notice in the public papers aforecorporation said, of the time and place by them to be appointed, not less than thirty days from the publication of the first notice, of what time and place the said subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes of their own subscribers by ballot, to be delivered One prest. in person or by proxy, duly authorized, one president, six 6 managers, 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 cho sen; and the said managers so chosen and their successors shall and may make such by-laws, rules and regulations not inconsistent with the constitution and laws of To be govern- this state and of the United States, as shall be necessary ed by act for the well ordering of the affairs of the said company, and incorporating generally have like powers, authority and privileges for carPhilipsburg rying on and completing said turnpike road, and be subject and Susque- to all the duties, qualifications, restrictions, penalties, fines hanna co. and forfeitures, and be entitled to take tolls as soon as five

treasurer,

&c.

miles of said road shall be completed, in proportion to the distance as are given and granted to the president, managers

and company of the Philipsburg and Susquehanna turnpike Road to road; and the said Butler and Freeport turnpike road shall commence at commence at the borough of Butler, in the county of Butler, Butler & end and terminate at Freeport, in Armstrong county: Provided at Freeport. That if the said company shall not proceed to carry on the Proviso. 5 years said work, within five years after the passage of this act, allowed to and shall not within ten years afterwards complete the said commence, road, according to the true intent and meaning of this act, and 10 to then and in either of the said cases, it shall and may be lawful complete for the Legislature of this Commonwealth, to resume all and work. singular the rights, privileges, liberties and franchises by this act granted to the said company.

Carbondale &

named.

Subscription

SECT. 4. And be it further enacted by the authority aforesaid, That David B. Blanchard, E M. Townsend, William Eggleston, Thomas Meredith, Martial Dimmick, Raynsford Lackawanna Smith, be and they are hereby appointed commissioners, to turnpike road do and perform the several duties hereinafter mentioned: co. that is to say, they shall, on or before the first Monday of Stock com'rs. July next, procure two or more books, and enter in each of them as follows, to wit: "We, whose names are hereunto subscribed, do promise to pay unto the president, managers and company of the Carbondale and Lackawanna turnpike road, the sum of fifty dollars for every share of the said stock Shares $50. set opposite to our respective names, in such manner and proportions and at such times as shall be determined by the president and managers, of said company, in pursuance of an act of the General Assembly of this Commonwealth, entitled "An act authorizing the Governor to incorporate a company for making an artificial road from the village of Carbondale, in the county of Luzerne, along the valley of Lackawanna in a north-easterly direction, as close to the stream of that name as the nature of the ground will permit, to terminate either on the Coshecton and Great Bend turnpike road, at or near where the present turnpike bridge crosses the Lackawanna creek, or at a point on the Belmont and Easton turnpike near the house of Samuel Roberts.' Witness our hands, the day of in the year of our Lord, one thousand eight hundred and ;" and shall thereupon give notice in at least one public newspaper of this Commonwealth, printed in one paper in the county of Luzerne or in the county of Susquehanna, for one calendar month at least, of the times and places, when and where the said books shall be kept open to receive subscriptions for the Duties of commiss❜rs] stock of said company, at which respective times and places some one of the said commissioners shall attend, and shall permit and suffer all persons of lawful age who shall offer to subscribe in the said books, in their own names or in the name or names of any other person or 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 day, for the space of three days, or until the said books, so Whole No. of opened, shall have three hundred shares therein subscribed, shares 300. and if, at the expiration of the said three days, the books aforesaid shall not have the aforesaid number of shares therein subscribed, the said commissioners respectively may, from time to time, adjourn and transfer the said books from place. to place, until the whole number of shares shall be subscribed, of which adjournment, 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 three hundred, the same shall be closed: Provided always, That any person offering to subscribe in the said books, in his own name or in the name or names of any other person or persons, shall previously pay to the attending commissioner the sum of three dollars for each and every share by him or her so subscribed, out of which shall be defrayed the expenses attending the taking such subscriptions and other incidental charges, and the remainder shall be paid over to the treasurer of the said corporation as soon as the same may be organized and the officers chosen, as hereinafter mentioned.

Proviso.

$3 to be paid upon each share at time of subscribing

of the sub

issue.

Style of corporation.

SECT. 5. And be it further enacted by the authority aforc said, That when twenty persons or more shall have subscri When certifi- bed one hundred shares of the said stock, the said commiscate is made sioners shall certify, under their hands and seals, the names to Governor of the subscribers and the number of shares subscribed by scription of each, to the Governor, and thereupon it shall be lawful for 100 shares by the Governor, by letters patent under his hand and the scal 20 persons, of the state, to create and erect the subscribers, (and if the charter may said subscriptions be not full at the time then all those who shall afterwards subscribe to the number aforesaid,) into one body politic, in deed and in law, by the name, style and title of "The president, managers and company of the Carbondale and Lackawanna turnpike road," and by the said name the 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 Privileges & 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 and conveying in fee simple or for any less estate, all such lands, tenements, hereditaments and estates, 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

liabilities.

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