472

Arrangement for the assessment of damages.

ny, to enter upon and take possession and use such land or lots by themselves, their officers or agents, subject however, if it shall be found necessary to take any such lands or lots, to such compensation as may be agreed upon between the owner or owners and the said company, or shall be ascertained in the manner hereafter directed.

SECT 13.And be it further enacted by the authority afore said, That if the said company, in constructing the said rail road, shall find it necessary to use any land or lots as aforesaid, and cannot agree with the owner for the price thereof, or for the damages, if any sustained by such owner, or where by legal incapacity, absence or other cause of said owner, no agreement or purchase can be made, the court of Common Pleas of Chester county, or in vacation, one of the judges of the said court, on application by either party, shall appoint Appointment five intelligent and disinterested persons of said county, not

of five viewers.

Viewers' oaths, and general du ties.

resident in the borough, to ascertain and assess the damages, if any, alledged to be sustained by the owner in consequence of said rail road passing through his land, and the persons or viewers so appointed, shall at a time to be fixed by the foreman, or agreed upon by the parties, and of which at least ten days notice shall be given by the party making applica. tion to the said persons or owners, and to the adverse party assembled on the ground, and having been first duly qualified

faithfully, justly and impartially to value the land occupied or required for the said rail road or other works, and all damages which the owner has sustained or may sustain in conscquence thereof, taking into consideration the advantages as well as disadvantages of the same to the said owner, to the best of their skill and judgment," and having heard the statements and evidence of the respective parties, they or a majority of them shall, within five days after having agreed, make their report to the prothonotary of the county, who shall file the same of record, and if it shall happen that all the persons directed to be appointed as aforesaid, shall not attend, but three of them shall be present, the parties shall agree upon others to supply the place of the absentees, or if they cannot agree, they shall be appointed by the viewers or persons aforesaid who do attend, or they may, at their discretion, adjourn to another day, and the persons so selected shall in all respects be considered as having been originally appointed by the court or a judge thereof; if the said rail road passes through contiguous lots held by different owners, and one only shall apply for viewers, the company may apply so far as regards the others, and said viewers appointed by the court or a judge thereof, shall view and a majority decide upon the damages for all such lots used or required for the rail road, and if the amount in damages, found by the said viewers as aforesaid, shall be less than the amount offered by the com pany, or if they shall find that no damage has accrued, the

costs attending the proceeding shall be paid by the owner or owners of such lots, otherwise to be paid by the company.

SECT. 14. And be it further enacted by the authority aforesaid, That either party may take exceptions to the report of Appeal to the viewers aforesaid, within twenty days after the same has court of Combeen filed in the prothonotary's office; and the court of Com- mon Pleas. mon Pleas, at its next session after said exceptions have been filed, shall hear and determine upon the same, and may either confirm or set aside said report, as shall be lawful and right; if no exceptions be filed as aforesaid, or the report be confirmed, the same shall stand as a judgment against the party against whom it is made, and proceedings had thereon as in other cases of judgments; but if the report be set aside by the court the same proceedings shall be again had that are alrea When appeldy provided for; and if upon such subsequent proceedings the lant may be party excepting shall not obtain a report more favorable than liable for the report set aside, such party shall pay all costs consequent costs. thereon, and the like proceeding shall be had as often as the same are set aside, not, however, to exceed a third report, nor the second report, if the viewers give the same, or less damages than the first viewers.

company to

SECT. 15 And be it further enacted by the authority afore said, That the said company be authorized to grade any Authority to street or streets of the said borough, if the same shall be found necessary for locating and laying down the said rail road, in grade bosuch manner however as not unnecessarily to injure the said rough streets. streets, or the travelling thereon, and may for this purpose raise such part of the pavement where the streets are paved and filled up, excavate and level any street or streets, to lay the track of said rail road on, and generally shall have all the powers required to accomplish the construction and completion of said rail road, according to the intention of this act; the said company shall so construct and locate the said rail road, that when fully completed, the same shall not unneces sarily obstruct the general travelling and passage along the streets of the said borough.

SECT. 16. And be it further enacted by the authority aforesaid, That on the completion of the said rail road, the same Road, on com shall be considered a public highway, for the conveyance of pletion, to be passengers and transportation of merchandize and commodi a highway. ties, under such regulations as shall be prescribed by the di rectors, and the said company shall keep the said road in good order and repair, and shall have the same powers for this purpose that are given for the original construction of the road; it shall be lawful for the said company to arrange and fix upon the tolls for travelling on and using said rail road, in such manner as they shall deem most advisable, and to demand and receive such sum or sums of money for tolls of persons. and property, as they shall from time to time think reasonable; but the company shall so arrange and regulate the tolls

Tolls to be

fixed so that

thus to be demanded and received, as near as may be, that dividends will the dividends arising from the same shall not exceed fifteen not exceed 15 per cent. per annum on the capital stock paid in, after first per cent. deducting all the annual expenses attending said road.

Penalty on passing toll

houses without paying.

Annual

declaration of dividends.

SEOT. 17. And be it further enacted by the authority aforesaid, That if any owner or driver of any car, carriage, or other vehicle upon said rail road shall pass by any place appointed for the receiving of toll without making payment, and with intent to escape from the payment of such toll, or to defraud the company thereof, every such person shall forfeit and pay to the said company, for every such offence, the sum of twenty dollars, to be sued for and recovered before any authorized magistrate or justice of the peace, by action of debt in the same manner as debts of equal amount are now or hereafter shall be recoverable by law.

SECT. 18. And be it further enacted by the authority aforesaid, That dividends of so much of the profits of the company stock as shall appear advisable to the directors, shall be declared once a year or oftener if thought useful, and paid to the stockholders or their legal representatives on demand at the end of ten days therefrom, but they shall in no case exceed the amount of net profits actually acquired by the company, so that the capital stock shall remain undiminished, and if the directors shall make any dividend which shall impair the capital stock the directors assenting thereto, shall be liable in their individual capacities to the Liability of company for the amount of stock so divided, to be sued for directors for and recovered in the corporate name of said company, each director present when such dividend shall be made, shall be adjudged to be assenting thereto, unless he forthwith enter his protest on the records of the board and give immediate public notice thereof to the stockholders, nor shall the contingent fund of said company at any time exceed one fourth of the capital stock.

improper declaration.

Suits for penalties must

commence within one

year,

to works,

SECT. 19. And be it further enacted by the authority aforesaid, That no suit or action shall be brought for any penalties incurred under this act, after the expiration of one year from the time the offence was committed, or the cause of action accrued, and the defendants may plead the general issue to any such suit, and give this act and the special matter in evidence, and that the same was done in pursu⚫ance and under the authority of this act.

SECT. 20. And be it further enacted by the authority afore Penalty on said, That if any person or persons shall knowingly or wil wilful injury fully break, deface, injure or destroy the said rail road, or any part or appendage thereof, or any work, edifice or obstructing device, or any part thereof, connected with the said road, or any car, carriage or other vehicle, used upon the said rail road, or shall in any manner whatever obstruct, or cause to

road, &c.

be obstructed, the free and safe passage along the said road, or shall do any act by which the passage along the same shall be at all impeded or rendered perilous, the person or persons so offending shall forfeit and pay on conviction thereof before any justice of the peace a sum not exceeding twenty dollars for the use of the said company, and shall moreover pay to the said company the amount of actual damage sustained by the same to be sued for and recovered before the proper Recovery authority having jurisdiction of the amount and in all cases with damage where recoveries or convictions shall he had by the company, against any offender under the provisions of this act, he shall pay all legal costs consequent thereon.

sell to West

Conditions of

transfer.

SECT. 21. And be it further enacted by the authority aforesaid, That the said company are hereby authorized at any time they shall think proper to dispose of and transfer to the West Authority to Chester rail-road company, all the rights, powers, privileges Chester rail and immunities, granted by this act upon such terms and con- road co. ditions as may be agreed on by the said companies, and the same when so transferred shall be vested in the said West Chester rail road company, as fully and effectually as if originally grauted by this act; Provided however, That one of the conditions on which said transfer shall be made, shall be Proviso. to construct a rail road to run into and along such street or streets of the borough as provided for by this act, and the said company is further authorized at any time while the rail-road and other works connected therewith are in progress, or after the same are finally completed, to dispose and transfer the same or any part thereof to the said West Chester rail road company, upon terms and conditions to be agreed upon by the two companies and in like manner as is before provided for the transfer of the rights, powers, privileges and immunities of said company, and the said West Chester rail road company upon such transfer being made as aforesaid, may if they think proper add the capital stock of this company or any part thereof to the stock of their own company and which shall thenceforward be considered a part

of the same.

Transfer not to impede progress of

SECT 22 And be it further enacted by the authority afore said, That upon any transfer being made by the company to the West Chester rail road company, agreeably to this act all prosecutions, suits and actions may be commenced and sustained by either of them in its respective corporate name, suits. or if already commenced, may be prosecuted to conviction or final judgment in the manner and name in which it was originally commenced.

Time allowed

SECT. 23. And be it further enacted by the authority aforesaid, That if the said company or their assignees shall not commence the said rail road within three years, and carry to commence into effect the objects of the charter within six years from the and complete passage of this act, or if after the completion of the said rail work. road, the same shall be suffered to go to decay, and be im

Citizens of borough may remove certain limita

tions.

passable for the period of two years, then the charter shall be null and void except so far as not to exonerate the owners of said road, from the payment of any damages that may have accrued to individuals.

SECT. 24. And be it further enacted by the authority aforesaid, That the limitations contained in the preceding sections for the commencement and completion of the aforesaid rail road, shall not extend to the construction and continuation of rail roads along other streets of the borough, after the periods therein mentioned, when hereafter in the opinion of the company and two thirds of the taxable inhabitants of the borough, the public interest may seem to require it.

SECT. 25. And be it further enacted by the authority aforeRoservation aforesaid, That if at any time, any of the privileges hereby granted, shall be wilfully and unlawfully abused, the LegisJature may resume all the rights and privileges conferred by

of right to repeal.

the Lacka

wana and

this act.

SECT. 26. And be it further enacted by the authority aforeOf the elec said, That the secretary of the Lackawana and Susquehantiens, &c. of na rail road company, be and he is hereby authorized to fix the place of holding the annual and special elections and meetings of the said company, when the by-laws shall not have determined the same, and the judges of the elections shall be chosen by a majority of the stockholders present, either in person or by proxy, and so much of any law as is hereby altered or supplied, be, and the same is hereby repealed.

Susquehanna rail road co.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The ninth day of April, A. D. one thousand eight hundred and thirty-three.

No. 178.

GEO. WOLF.

AN ACT

Authorizing the laying out of a state road from McClean's mill, in Beaver county, to some point at or near Perrysville, in Allegheny county, and for other purposes.

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 M'Calister and Robert Reno, of Beaver