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law; no person shall cut into, intersect or alter any part of the road
within its legal boundaries, without the permission of the board of
managers; all cars or carriages must stop at the scales to be weighed,
and the toll paid whenever demanded; all traveling on the road shall be
in conformity with such rates of speed, as the board of managers may
from time to time appoint; no car or other carriage shall pass on said
road which will weigh, with its loading, a weight greater than that
which may from time to time be prescribed by the rules of the com-
pany: Provided, That nothing herein contained shall prevent the said Proviso.
company, notwithstanding they may have sued for and recovered the
penalties aforesaid, from pursuing other appropriate remedies at law,
nor prevent the said company from repealing, altering or modifying any
of the said rules and regulations as experience may show to be expe-
dient.

SECTION 20. If the said corporation shall not commence the construc- Time of comtion of the said railroad within the term of five years, and complete the mencement and same, as far as the village of Monroeton, within ten years from the completion. passage of this act, then this charter shall be null and void.

SECTION 21. If any increase of capital stock be deemed necessary by Increase capital the stockholders to complete the said railroad, or to extend the same, it stock. may be lawful for the said company, at a stated or special meeting to be convened for the purpose, to increase the number of shares so that in the whole they shall not exceed ten thousand shares, and to receive and demand for shares so subscribed, the moneys in like manner and under like penalties, as is hereinbefore provided for the original shares, or as shall be provided for by their by-laws.

SECTION 22. That if the said company shall at any time misuse or Misuse. abuse any of the privileges hereby granted, the legislature may resume

all and singular the rights and privileges hereby granted to the said cor

poration; and the legislature reserves the right to purchase the said road, Reservation.
at any time after twenty years from the passage of this act, by paying
to the said company a sum of money which, together with the toll
received, shall equal the cost and expenses of said railroad, with an
interest of eight per cent. per annum thereon.

FINDLEY PATTERSON,
Speaker of the House of Representatives.

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APPROVED-The twenty-second day of April, one thousand eight

hundred and forty-six.

FRS. R. SHUNK.

No. 415.

AN ACT

To incorporate the president, managers and company of the Fox Chase and Hun tingdon turnpike road company.

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 Commissioners. John Walton, John J. Hallowell," Israel Hallowell, junior, John Rob

erts, Jonathan J. Robinson, William Morrison, Esquire, Able Satterthwait, James Fenton, Henry Stout, George Fetters, George F. Shelmire, Thomas Barnsley and William Walton, of Montgomery county, and Amos Snyder and John Conrad, of Philadelphia county, 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 day of July next, procure two books, and in each of them enter as Form of subscrip- follows:-"We whose names are hereunto subscribed, do promise to pay the president and managers of the Fox Chase and Huntingdon turnpike road company, the sum of twenty-five dollars, for every share of stock 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 incorporate the president and managers of the Fox Chase and Huntingdon turnpike road company.' Witness our hands the

tion.

Books to be opened.

Adjourn and transfer books.

Proviso.

day of

in the year of our Lord, one thousand eight hundred and forty-six ;" and thereupon shall give notice in two public papers printed in the city of Philadelphia, and one in the county of Montgomery, for twenty days at least, of the time and places, when and where the said books shall be opened to receive subscriptions for the stock of the said company; at which time and places one of the said 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 names of any other persons who shall duly authorize the same, for any number of shares of said stock; and the said books shall be kept open respectively, for the purposes aforesaid, at least six hours in every juridical day, for the space of five days, or until the said books shall have four hundred shares therein subscribed; and if, at the expiration of the said five days, the books aforesaid shall not have the said number of four hundred shares therein subscribed, the commissioners, respectively, may adjourn from time to time, and transfer the said books from place to place, until the whole number of shares shall be subscribed; of which adjournment and transfer, the commissioners shall give such public notice as the occasion may require, and when the whole number of shares subscribed, shall amount to four hundred, the same shall be closed: Provided always, That every person offering to subscribe in said books, in his own or in any other name, shall previously pay to the attending commissioner or commissioners, the sum of one dollar for every share to be subscribed, out of which shall be defrayed such incidental charges and expenses, as may be necessary for taking such subscription, and the remainder shall be paid over to the treasurer of the corporation, as

soon as the same shall be organized, and the officers chosen as hereinafter mentioned.

SECTION 2. When ten persons or more shall have subscribed one hundred shares of the said stock, the said commissioners respectively may, or when the whole number of shares aforesaid shall be subscribed, they shall certify under their hands and seals, the names of the subscribers, and the number of shares subscribed by each, to the governor of this commonwealth; whereupon it shall and may be lawful for the governor, by letters patent under his hand and the seal of state, to create Letters patent. and erect the subscribers, and if the subscription be not full at the time, then those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate, in deed and in law, by the name, style and title of The president and managers of the Fox Chase and Hun- Name. tingdon turnpike road company ;" and by the said name, the said subscribers shall have perpetual succession, and all privileges and fran- Privileges. chises incident to a corporation, and shall be capable of taking and holding the capital stock, and the increase and profits thereof, and of enlarging the same by new subscription, 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, transfering and conveying in fee simple, or for any less estate, all such lands, tenements, and hereditaments and estate, real and personal, as shall be necessary to them in the prosecution of their works, and of sueing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do.

Organization.

SECTION 3. That the commissioners aforesaid, as soon as conveni ently may be, after the said letters patent shall be sealed and obtained, shall give notice in two public papers printed in the city of Philadelphia, and one in the county of Montgomery, of a time and place by them to be appointed, not less than fifteen 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 majority of votes of the subscribers, by ballot, to be delivered in person, one president, seven managers, one treasurer, and such other officers as may be nècessary to conduct the business of said company, until the first Monday of December next, and until such other officers be chosen; and shall, and may make such by-laws, orders and regulations, not incon- By-laws. sistent with the constitution and laws of the United States, and of this commonwealth, as shall be necessary for the well ordering the affairs of said company: Provided always, That no person shall have more Proviso. than twelve votes at any election, or in determining any question arising Votes. at such meeting, whatever number of shares he may be entitled to; and that each person shall be entitled to one vote for every share held by him under that number: And provided also, That no stockholder, Proviso. whether the original subscriber or assignee, shall be entitled to vote at any election or meeting of said company, unless the whole sum due, and payable on the share or shares by him or her held, at the time of such election, shall have been fully paid and discharged.

SECTION 4. The stockholders of the said company shall meet on the Annual meeting. first Monday of December in every year, at such place as shall be fixed by their by-laws, for the purpose of choosing such other officers as aforesaid, for the ensuing year, in manner and form as shall be determined by their by-laws; at which annual or special meetings they shall have full power and authority to make, alter or repeal, by a majority of votes in manner as aforesaid, all such by-laws, rules, orders and regulations made as aforesaid, and to do and perform any other corporate act.

1

Certificates of stock.

Transferrable.

Enter upon lands,

&c.

Location.

Change location upon payment of damages.

Quorum.
Minutes.

Further duties.

Payment of instalments, how

enforced.

SECTION 5. The said president and managers shall make out certificates of stock, signed by the president, and countersigned by the treasurer, and sealed with their corporate seal, and deliver one certificate to each subscriber for any share or number of shares by him or her held, on him or her paying to the treasurer on each share so held, the sum of one dollar, which certificate shall be transferable, in person or by attorney, on the books of said company, only subject to the sum due or to become due on his share or shares so transferred.

SECTION 6. It shall be lawful for the said president and managers, their superintendents, surveyors, engineers, artists and chain bearers, to enter in and upon all and every the lands, tenements and enclosures in, through and over which the said intended turnpike road may be thought proper to pass, and for that purpose to examine the ground and quarries of stone and gravel, and other materials that may be necessary in making and constructing the said road; it shall be made generally in, over and upon the bed of the present road, beginning at the Fox Chase, in Lower Dublin township, Philadelphia county, called the Middle road, extending along said road to the village of Huntingdon, in Moreland township, Montgomery county.

SECTION 7. The said president and managers shall have the privilege, and they are hereby authorized to alter or change the bed of said road, by first compromising with the owners of property through which such alteration may pass, or if the parties cannot agree, by paying such damages as shall be awarded by a jury appointed by the proper court; and to extend said turnpike road to the Sorrel Horse tavern, in Moreland township, Montgomery county.

SECTION 8. The said president and managers, five of whom shall, for that purpose, be a quorum, shall keep minutes of all their proceedings, fairly entered in a book to be kept for that purpose; and shall have full power and authority to appoint, agree or contract with such engineers, superintendents, artists, laborers and other persons as they may think necessary to make and construct said road, and collect the tolls hereinafter authorized, and fix their compensation; to ascertain the times, manner and proportions in which the stockholders shall pay the amount of their respective shares, in order to carry on their work; to draw orders on the treasurer for all debts contracted by them, which orders shall be signed by the president, or in his absence by a majority of the managers, and attested by their secretary; and to do and transact all other acts, matters or things as by the by-laws, orders and regulations of the said company, shall be entrusted to them.

SECTION 9. If any stockholder, whether original subscriber or assignee, after twenty days' notice, in two newspapers printed in Philadelphia, and one in Montgomery county, of the time and place appointed for the payment of any instalment, or proportion of the capital stock, shall neglect to pay such proportion at the place appointed, for the space of thirty days after the time appointed for the payment thereof, any such stockholder shall, in addition to the instalment so called for, pay at the rate of two per centum per month for every delay of such payment; and if the same, and additional penalty, shall become equal to the sum before paid in part, on account of such share, the same may be forfeited by and to the said company, and may be sold by them for such payment forfeited. price as may be obtained therefor; or in default of payment of any stockholders of such instalments as aforesaid, for the space of sixty days aforesaid, the president and managers may, at their election, cause suit to be brought in the same manner as debts of a like amount are now recoverable, for the recovery of the same, together with the penalties aforesaid.

On neglect of

SECTION 10. It may be lawful for the said president and managers, by and with their superintendents, engineers, artists, workmen, laborers, their tools and instruments, carts, wagons and other carriages, and

beasts of draught or burden, to enter in and upon the lands contiguous May enter upon and near to which the said road shall be made or constructed, first giv- lands, &c. ing notice of their intentions to the occupiers thereof, and doing as little damage thereto as possible, and making amends for damages upon a reasonable and equitable agreement by the parties; or if they cannot

agree thereupon, a just and equitable assessment to be made, upon oath Damages, how to or affirmation, by three disinterested freeholders, or any two of them, be assessed and to be equally chosen, or if either party upon due notice, shall neglect paid. or refuse to join in the choice, then to be chosen by a justice of the peace of the county wherein the land lies, who shall not be interested therein; and upon the tender of the assessed value to dig and carry away any timber, stone, sand, earth or other materials necessary or suitable for making said road: Provided, That no part of this act shall authorize Proviso. the taking of any property by said company, unless the same be previously paid for, or adequate security given to the owners for the payment thereof.

SECTION 11. The said president and managers shall keep fair and Fair accounts to just accounts, as well of all moneys received by them as of those paid be kept. out and expended in the prosecution of the work; and shall at least

once in every year, submit their books and accounts to a general meet- Annual stateing of the stockholders; and whenever it shall be ascertained that the ment. capital stock of the said company is not sufficient to complete the said road, according to the true intent and meaning of this act, it shall and may be lawful for the president and managers, at a stated or special meeting convened, according to the provisions of this act or their own by-laws, to increase the number of shares to such an extent as they Increase of capishall deem sufficient to accomplish the work, and to demand and receive tal. the moneys subscribed for such additional shares, in like manner and under like penalties, as are provided by this act in the case of the original subscriptions.

SECTION 12. The said president and managers shall have power to Bridges. erect good and sufficient bridges over all the streams of water crossed by said route, whenever the same shall be found necessary; and shall

cause a road to be laid out not exceeding fifty feet in width, and shall Width of road. cause at least eighteen feet of said width to be made an artificial road of wood, stone, gravel or other hard substance well compacted together, Materials. and of sufficient depth to secure a solid foundation to the same; and the said road shall be faced with gravel or stone pounded, or other small hard substance, in such manner as will admit an even surface, and so nearly level in its progress, that it shall in no place raise or fall more than will form an angle of four and a half degrees from a horizontal line: Pro- Proviso. vided, That if in the opinion of the said president and managers, any part of the ground on the route of said road, shall be so hard and compact as to make a good road without any covering of wood, gravel, stone, slate or other hard substance, the said president and managers are hereby authorized to construct such part of said road without any such covering, and shall forever thereafter maintain and keep the same in good repair.

SECTION 13. Whenever the said company shall have finished two miles or more of road, the president thereof may give notice to the gov

ernor, who shall appoint forth with three skilful, judicious and disinter- Governor to apested persons to view and examine the same, and report, on oath or point viewers. affirmation, to him, whether the said road is so far executed in a competent and workmanlike manner, according to the true intent and mean

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