Stock com❜ra. which a corporation or body politic may lawfully do: Pro Proviso. vided, That if the company hereby authorized to be incorpo Banking rated, shall at any time issue any note or notes in the nature operations of bank notes, or carry on any other business in the nature prohibited. of banking, then, or in either of these cases, all and singular the rights, privileges and franchises hereby granted to the said company, shall cease and revert to this commonwealth. SECT. 6. And be it further enacted by the authority afore said, That the commissioners aforesaid, as soon as conveniently may be after the said letters patent shall be sealed and to superinobtained, shall give notice in at least one public newspaper tend provi printed in the county of Luzerne or in the county of Susque- sional clect'n. hanna, of a time and place by them to be appointed, not less than twenty days from the publication of the first notice, at which time and place the subscribers shall proceed to organize the said corporation, and shall choose, by ballot, to be delivered in person or by proxy duly authorized, one president and six managers, one treasurer and such other officers President, 6 managers, as they shall think necessary to conduct the business of the treasurer, said company for one year, and until such other officers shall &c. be chosen, and shall and may make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of this Commonwealth, as shall be necessary for the well ordering of the affairs of the said company, and generally to have like powers, authorities and privileges necessary To be subject for carrying on and completing the said turnpike road, and to provisions be subject to all the duties, qualifications, restrictions, pe March, 1804, nalties, fines and forfeitures, and be entitled to the same in regard to tolls and profits as is given and granted to the president, Cushecton & managers and company of the Coshecton and Great Bend Great Bend turnpike road, in an act passed the twenty ninth day of co. March, one thousand eight hundred and four: Provided, That no tolls be demanded or taken from any person passing or repassing from one part of his or her farm to another, or to and from any place of worship and funeral, or from the militia on days of training, or to and from any township, general or special election: And provided also, That if the said com- 2d proviso. pany shall not proceed to carry on the said work in ten years after the passing of this act, or shall not withia fifteen years after the passing of this act, complete the said road according work. to the true intent and meaning of this act, then, in either of those cases, all and singular the rights, liberties and franchises bereby granted to the said company shall revert to this Commonwealth. of act of 29th Proviso. pass tol! free. Time allowed to commence and complete Time and SECT. 7. And be it further enacted by the authority aforesaid, That the annual election for choosing officers shall be held on the third Monday in January in each and every place fixed for year, at the village of Carbondale, in said county of Luzerne, holding annu or at such other time and place as may be fixed on by the by- al elections. laws of said corporation: Provided always, That no neglect Proviso. State road to Willow grove. of holding any annual election shall produce any forfeiture of the aforesaid corporate privileges, but in such case that the officers heretofore elected shall continue in office until others are legally chosen. SECT. 8. And be it further enacted by the authority afore. said, That the time mentioned in the second section of an from Easton act passed twentieth day of February, Anno Domini, one thousand eight hundred and thirty-two, fixing the time for one year from the passage of said act, for the recovery of certain damages sustained by the laying out of a state road very of dama- from Easton, in Northampton county, through Bucks county ges extended to the Willow Grove, in Montgomery county, be, and the same is hereby extended for the further term of one year. Time fixed for the reco one year. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The ninth day of April, Anno Domini, eighteen hundred and thirty-three. GEO. WOLF. No. 166. AN ACT To incorporate the Susquehanna Rail Road Company, and the Mifflinsburg Bridge Company and for other purposes. SECT. 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 Joseph Wright, Henderson Gaylord, William C. Reynolds, James Nesbit, jr. Samuel Thomas, Sharp D. Lewis, Elias Hoyt, Benjamin Dorrance, William Hancock, John Brees, William Swetland, Dr. John Smith, John Perkins, Pierce Butler, Charles D. Shoemaker, Isaac Harding, Elisha Harding, Asa Stephens, Nicholas Overfield, James Wright, Reuben Wilber, Samuel McKean, Thomas Elliott, Henry Willis, John Laporte, Clement Paine, Ellis Lewis, John L. Webb, Eliphalet Mason, Lockwood Smith, A. H. Read, C. L. Ward, Bela James, Asa Dimock, jr. James C. Biddle, David Post, Charles Frazer, Hiram Finch, and Spencer Hicox, be, and are hereby appointed commission ers to do and perform the several things hereinafter mentionen, that is to say, they or any two of them shall procure a sufficient number of books, and in each of them enter as follows: "We whose names are hereunto subscribed, do pro- Form of head mise to pay to the president and directors of the Susquehan- ing to subna rail road company, the sum of fifty dollars for every share scription. Shares $50 by us subscribed, in such manner and proportions, and at each. such times and places as shall be determined on by the said president and directors, in pursuance of an act entitled 'An act authorizing the Governor to incorporate the Susquehanna rail road company:' Witness our hands the day of Anno Domini, one thousand eight hundred and and shall give notice in at least one of the newspapers printed in Luzerne, Bradford, and Susquehanna, and two of the daily newspapers printed in the city of Philadelphia, for at least three weeks, of the times when, and places where some Duties of one or more of the aforenamed commissioners will attend and commis'nrs. receive subscriptions from all persons of lawful age who shall offer to subscribe in said books, which shall be kept open for the purpose aforesaid at least six hours in every juridical day, for the space of three days, or until there shall have been subscribed in the said books twenty thousand shares; but no shares 20,000 subscription shall be valid unless the person so subscribing" pay to the said commissioners, at the time of making such $5 to be paid subscription, the sum of five dollars on each share, and the upon each said commissioners may adjourn from day to day, and from share at time time to time, until the whole number of shares aforesaid shall of making subscription: have been subscribed. Whole No. of Charter may issue upon shares. SECT. 2. And be it further enacted by the authority afore said, That whenever two thousand or more shares shall have been actually subscribed, and five dollars on each share shall have been paid to said commissioners, the said commission- certificate of ers, or a majority of them, shall certify the same under oath the subscription of 2,000 or affirmation, to the Governor of this Commonwealth, and on receipt of such certificate the Governor shall by letters patent, under his hand and the seal of the Commonwealth, create and erect the subscribers, and if the subscription be not full at the time, then also those who shall thereafter subscribe to the number of shares aforesaid, into a body corporate and politic, in deed and in law, by the name, style, and title of the president and directors of the Susquehanna rail Style of road company, and by the same name the subscribers shall corporation have perpetual succession, and all the privileges and franchises incident to a corporation, may make and establish a common seal, and the same alter, break, or renew at pleasure, and shall be capable of taking and holding their capital stock, and the increase and profits thereof, and of purchasing and holding to them and their successors and assigns, in fee simple or for any lesser estate, such real and personal estate as shall be necessary to them in the prosecution of their work, Privileges and liabilities Proviso. company confined to rail road. election. and of suing and being sued, and of doing all and every other matter and thing which a corporation or body politic may of right do: Provided, That the real estate which it shall be Real estate. lawful for the said company to hold shall not exceed at any time so much as shall be necessary for the construction of a 2d proviso. rail road and landings: And provided, That nothing herein Operations of contained shall be considered as in any way giving to the said corporation any banking or trading privileges whatever, or any other privileges but such as shall be necessary to the making of constructing of a rail road from the Nanticoke Pool, in the county of Luzerne, on the west side of the river, to a point on the line between the states of New York and Pennsylvania. SECT. 3. And be it further enacted by the authority aforeStock com'rs. said, That the said named persons, or a majority of them, to superin- shall as soon as conveniently may be after the said letters tend provis'l patent shall be obtained give at least twenty days previous notice in the newspapers herein before mentioned, of the time and place by them appointed for the subscribers to meet in order to organize the said company and to choose by a majority of votes of the said subscribers, by ballot to be delivered in person or by proxy, which proxy shall have been obtained and bear date within three months previously to the election, and annually thereafter, in like manner, one president, ten managers and one treasurer, all of whom shall 10 managers, be residents of this Commonwealth, and such other officers treasurer, &c. as shall be deemed necessary; that a majority of the managers shall be a quorum, who may appoint such officers or agents under, and make such by-laws, rules, orders and regulations as are not inconsistent with the constitution and laws of the United States, or of this state, and that may be necessary for the well governing the affairs of the company; Provided, That if the said election for directors shall not take place on any day on which the same ought to be held, it shall be lawful on any other day, as soon as may be, to hold the same, in such manner as may be regulated, by the by laws and ordinances of the said corporation. President, Proviso. Of the day fixed for organization. enter upon road and SECT. 4. And be it further enacted by the authority aforeCompany said, That the said company shall have power, by themauthorized to selves or agents, to enter in and upon such lands as may be necessary to make the rail road aforesaid, and also to have lands to make liberty of taking from any land in the neighborhood, gravel, stone, wood or other materials necessary for the construction of said rail road, paying, if the owner of the said land and said company can agree, the damages they shall do to said lands, or it they cannot agree thereon, then the damages shall be ascertained in the manner hereafter prescribed as to the compensation for lands over which said road shall have been laid. procure materials. SECT. 5. And be it further enacted by the authority aforesaid, That whenever it shall be necessary for the president, to in cases of directors and company of the said rail road company, Arrangement enter in and upon, and occupy, for the purpose of making for ascertain said rail road, any land upon which the same may be loca- ing damages ted, if the owner or owners of said land shall refuse to perdisagreement mit such entry and occupation, and the parties cannot agree with land upon the compensation to be made for any injury or suppo owners. sed injury that may be done to said land by such entry and occupation, then it shall be lawful for the court of Common Pleas of the county in which the land lies, on application of either party, and at the cost and charges of said corporation, to award a venire directed to the sheriff of the county, requiring him to summon a jury of disinterested men to view, examine and survey the said lands, tenements or hereditaments, and estimate the injury or damage if any, that in their apprehension will be sustained as aforesaid, by reason of said rail road, and report the same under their oaths or affirmations to the said court, which report being confirmed by the said court, judgment shall be entered Sheriff' and thereon; and the said sherif and jurors shall be entitled to Jurors' fees. the like fees for their services as are allowed by law in other cases of special juries, to be paid by said company, and it shall be the duty of the appraisers or jury, as the case may be, in estimating such injury to take into consideration the advantage that will be derived to the owner or Proviso. owners of said lands from said rail road: Provided, That Appeal witheither party may appeal to the court within thirty days in 30 days. after such report shall have been filed in the prothonotary's office of the proper county, in the same manner as appeals are allowed in other cases, and upon the coming in of such report or inquisition, and the confirmation thereof, or upon final judgment on appeal therefrom, and the said company paying to such owner the sum in such report or judgment Payment of specified, in full compensation for said lands or for the injury award to vest sustained as aforesaid, the company shall become seized of rights. the same estate in the said lands which the owner held in the same, and they and all who act under them shall be acquitted and freed from all responsibility for and on account of Proviso. such injury: Provided, That the payment of damages afore- Damages to said for land through which the said road may be laid, shall be paid before breaking be made before the said company or any person under their ground. direction or in their employ, shall be authorized to enter upon and break ground in the premises, except for the purpose of surveying and laying out said road, unless the consent of the owner of such land be first obtained. SECT. 6. And be it further enacted by the authority afore- Suits must be said, That no suit or action shall be brought or prosecuted brought with by any person or persons, for any penalties incurred under in 10 months this act, unless such suit or action shall be commenced within ten months next after the offence shall have been committed or the cause of action shall have accrued, and the defendant from offer.ce. |