Books opened.

tion.

Subscriptions.

No. 330.

AN ACT

To authorize the governor to incorporate a company for improving the navigation of
Muddy creek.

6

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Commissioners. Andrew Clarkson, C. M. Collins, W. C. Shay, Thomas Murphy, Robert Bartle, David Wilson, and J. R. Donnell, be and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: They shall, on or before the first of August next, procure a sufficient number of books, which shall be opened at some place or places in the townships of Peachbottom and Lower Chanceford, in the county of York, and in each of them enter Form of subscrip- as follows: "We whose names are hereunto subscribed, do promise to pay to the president and managers of the Muddy Creek navigation company, the sum of twenty-five dollars for every share of stock in said company 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 to authorize the governor to incorporate a company for improving the navigation of the Muddy creek.' Witness our hands this day of in the year of our Lord one thousand eight hundred and and shall thereupon give notice in at least one newspaper printed in the county of York, 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 stock of said company; at which respective times and places at least one of the commissioners shall attend, and permit and suffer all persons of lawful age, who shall offer to subscribe in said books in their own names, or in the name or names of any other person or persons who shall 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 ten days, or until there shall be subscribed in said books a sufficient number of shares to complete said work; and if at the expiration of ten days, the books aforesaid shall not have the number of eighteen hundred shares therein subscribed, the said commissioners may adjourn from time to time, and transfer the books elsewhere, until the eighteen hundred shares aforesaid shall be subscribed: Provided, always, That every person offering to subscribe in the said books in his own or any other name, shall previously pay the attending commissioner, the sum of two dollars for every share to be subscribed, out of which shall be defrayed the expenses attending the taking of such subscriptions and other incidental expenses, and the remainder shall be paid to the treasurer of the corporation as soon as the same shall be organized and the officers chosen as hereinafter mentioned.

Proviso.

SECTION 2. That when twenty persons or more shall have subscribed nine hundred shares or more of said stock, the commissioners may, or when the whole number of shares aforesaid shall be sub

cribed, the commissioners or a majority of them shall certify to the overnor, under their hands and seals, the names of the subscribers and he number of shares subscribed by each; whereupon it shall and may e lawful for the governor, by letters patent under his hand and the seal Letters patent. of this commonwealth, to create and erect the subscribers, and if the ubscription be not full at the time, then also those who shall thereafter ubscribe to the number of shares aforesaid, into one body politic and corporate, in deed and in law, by the name, style and title of the "Pre- Name. ident, managers, and company of the Muddy Creek navigation comany;" and by the same name the said subscribers shall have perpetual uccession, and all the privileges and franchises incident to a corpora- Privileges. ion, and be capable of taking and holding their capital stock and the ncrease and profits thereof, and of enlarging the same from time to time y new subscriptions, in such manner and form as they shall think proper, if such enlargement shall be necessary to fulfil the intention of this act, and of purchasing, taking and holding to them and their successors and assigns, in fee simple, or for any less 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.

SECTION 3. That the five persons first named, or a majority of them, Organization. shall, as soon as conveniently may be after the said letters patent shall have been obtained, give at least twenty days notice in one or more of the public newspapers hereinbefore 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, duly authorized, which proxy shall have been obtained and bear date within twelve months Proxies. previously to the election at which such proxy shall be presented, one president and ten managers, a treasurer and secretary, and such other Officers. officers as shall be deemed necessary to conduct the business of the said company for one year, and until like officers shall be chosen; who may make such by-laws, rules, orders and regulations, as do not By-laws. contravene the constitution and laws of the United States or of this state, and may be necessary for the well governing the affairs of the company.

SECTION 4. That a public meeting of the stockholders shall be held Annual meetings. on the second Monday of September in every year, at such place and upon such notice as shall be fixed by the rules and orders of the said company, for the purpose of choosing officers for the ensuing year, and for the determination of any questions affecting the interest of the company.

SECTION 5. That the president, managers and company aforesaid, Powers. shall have power to open a complete canal and slackwater navigation on the aforesaid Muddy creek, by erecting dams to raise the water of said creek, and to take the water on either side out of said creek by means of a wing dam, canal, lock, or other device, to any place or places which to them may seem most suitable and conducive to the object of the proposed navigation of said creek; and the said president, managers and company shall have power to erect locks, slopes, or sluices, at any of the mill dams now built, and remove the rocks or natural obstructions out of said creek, so that rafts, boats, arks, and other vessels can pass with safety.

SECTION 6. The president, managers and company aforesaid, shall Made subject to a possess like powers, privileges, and authorities, and be subject to the certain act. same penalties, provisions, and restrictions, as are granted to and imposed upon the president, managers and company of the Neshaming

Notices.

Restrictions.

Revocation.

lock navigation, and shall be entitled to receive such tolls as may be agreed upon by said company: Provided, That any notice required to be given, shall be deemed sufficient if given in one or more of the newspapers printed in the county of York: Provided, also, That nothing in this act contained shall authorize said company to injure or impair any mill dam, or dams, erected on said creek prior to the time the same was declared a public highway.

SECTION 7. That if it shall at any time appear that the charter and privileges granted in pursuance of this aet are injurious to any of the citizens of this commonwealth, the legislature shall have full power to revoke and annul the same at any time they may think proper.

FINDLEY PATTERSON, Speaker of the House of Representatives.

JNO. B. STERIGERE,

Speaker of the Senate.

APPROVED-The sixteenth day of April, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

No. 331.

AN ACT

Authorizing the sale of certain lands in Carbon county.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the commissioners of the county of Carbon, be and they are hereby authorized and empowered to order the treasurer of said county, to sell such tracts of lands lying within the boundaries of said county, as have had two years' taxes due and unpaid thereon, on the first day of July, Anno Domini, one thousand eight hundred and forty-four, and remain unsold at present, and in arrears for taxes as aforesaid: Provided, Such lands be sold for taxes actually due and unpaid on the first day of July, one thousand eight hundred and forty-four, and not taxes that have orcurred since that date: Provided also, That the said sale shall be advertised, and in all respects conducted in the same manner, and have the same legal force and effect, as if regularly made under the acts of assembly now in force.

FINDLEY PATTERSON, Speaker of the House of Representatives.

JNO. B. STERIGERE,

Speaker of the Senate.

APPROVED―The sixteenth day of April, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

No. 332.

A FURTHER SUPPLEMENT

To "An Act to incorporate the North Branch canal company," passed July twenty-second, one thousand eight hundred and forty-two.

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

completion ex

the time within which the commissioners named in the act, to which Time for opening this is a supplement, may re-open the books and receive subscriptions books, comfor stock in said company, shall be extended to the first day of January, mencement and Anno Domini, one thousand eight hundred and forty-six; and the time for commencing the work thereon to the first day of May, Anno Domini, one thousand eight hundred and forty-seven; and the time for completing the same to the first of May, eighteen hundred and fifty-seven.

tended.

SECTION 2. That whenever the said "North Branch canal company" To construct cershall have completed their works, and opened the same to the borough tain works, &c. of Athens, in the county of Bradford, they shall be deemed to possess the exclusive right to construct an artificial water communication in the valley of the North Branch of the Susquehanna, nor shall any other company, or body corporate, be authorized to construct a railway along said valley, parallel with the line of canal authorized in the act to which this is a supplement; and the said company shall be authorized and required to construct canal, slackwater navigation or railway, up the Lackawanna river, as far as the bridge near the old forge, and have the same completed within two years after the said North Branch canal shall be made navigable, upon which canal, slackwater navigation or railway, so as aforesaid to be made up the Lackawanna river, no higher Rates of toll. rates of toll shall be charged, than is charged and established by said company upon the main line of their canal.

SECTION 3. That it shall be lawful for the president and managers of said company, from time to time, to borrow such sums of money, and on such terms as they shall deem expedient for the use of said company, and to issue certificates of loan therefor, in amounts not less than five hundred dollars each, and to pledge and mortgage all or any part of the estates, tolls, improvements, privileges, effects, and assets whatsoever

Borrow money.

of said company: Provided, That the money so borrowed, shall not Proviso. at any time exceed the sum of two hundred and fifty thousand dollars, Not to exceed and the bonds issued for the same shall not be sold by said company $250,000. for less than their par value: Provided, That five hundred thousand dollars of the capital stock of said company shall be first paid in, before the provisions of this section, authorizing said company to borrow money, shall be in force: And provided further, That no bonds or Proviso. other evidences of indebtedness shall be issued by said company, except for money borrowed by virtue of this section, and no contract shall be

made by said company, for work to be done or materials furnished for Materials, &c. the completion of the canal, payable otherwise than in cash.

SECTION 4. The said company shall furnish to the legislature, on the Annual statefirst Monday of February, in each and every year, an abstract of the ac- ment.

Tolls to be charged.

Inspection of books by legisla

ture.

Governor.

counts of the company, shewing the whole amount of their capital actually paid in, the amount of money borrowed, the amount of transportation, and the amount of tolls received, and the amount paid for repairs, collection and supervision in each year, which abstract shall be verified by oath or affirmation of the president of the company, for the time being.

SECTION 5. That the rates of toll to be authorized be charged and received by the said company, shall at no time, without the approbation of the legislature, be less than are now or may hereafter be charged on the Pennsylvania canal.

SECTION 6. That it shall at all times be lawful for a committee of the legislature, or either branch thereof, appointed for that purpose, to inspect the books and examine into the proceedings of the corporation hereby created, and to report whether the provisions of their charter have been by the same abused and violated; and if the officers of said corporation should refuse to be sworn or affirmed to give evidence, or to produce all such of their books or papers as may be demanded before any such committee, the legislature may, by law, declare the said charter void and repeal the same; and whenever any committee as aforesaid shall find and report, or the governor shall have reason to believe that the charter has been violated, it may be lawful for the legislature to direct, or the governor to order, a scire facias to be issued out of the supreme court of this commonwealth, which shall be executed on the president of the corporation for the time being, at least ten days before the commencement of the term of the said court, calling on the said corporation to show cause wherefore the charter hereby granted shall not be declared forfeited; and it shall be lawful for the said court, upon the return of the said scire facias, to examine into the truth of the said violations, and if such violations be made to appear, then to adjudge that the said charter is forfeited; and thereupon, and in case the legislature shall declare the said charter void, and repeal the same for the cause aforesaid, the canal aforesaid, with the appurtenances, and all the estate, real and personal, of the said corporation, shall revert to and Property vested revest in the commonwealth, upon the payment by the commonwealth in commonwealth to the stockholders of the money actually expended in the completion of said canal; and until the commonwealth shall have made such payment to the managers of the said company, to be by them distributed among the stockholders, the rights, privileges, and franchises of the said corporation, shall remain as though said judgment or forfeiture had not been declared or pronounced: Provided, That every issue of fact which may be joined between the commonwealth and the corporation in said proceeding, shall be tried by a jury, summoned by an officer to be named by the court from the body of the state, and it shall be lawful for the court aforesaid, to require and compel the production of such of the books and papers of the corporation on such trial, as it may deem necessary for the ascertainment of the controverted facts; and the final judgment of the court shall be subject to all the usages of law as in other cases.

Proviso.

Managers.

Repeal.

SECTION 7. That of the thirteen managers of said "North Branch canal company," provided for in the act to which this is a supplement, not less than eight shall be citizens of this commonwealth.

SECTION 8. That the fourth section of the supplement to the act to which this is a further supplement, passed the fourteenth day of April, Anno Domini, one thousand eight hundred and forty-three, and so much of any other provisions in said act, and the supplements thereto, as are inconsistent with the provisions of this act, be and the same is hereby repealed.