Transferable. transferable at the pleasure of the holder, in person or by attorney, in the presence of the president or treasurer, on the books of the company, only subject however to all payments due or to become due thereon. SECTION 6. If any stockholder, whether original subscriber or asPayment of in- signee, after twenty days' notice in two newspapers printed as aforestalments. said, of the time and place appointed for the payment of any instalment or portion of the capital stock, shall neglect or refuse to pay such instalment or portion at the place appointed, for the space of thirty days after the time appointed for such payment, every such stockholder shall, in addition to the instalment so called for, pay at the rate of two per centum per month for the delay of such payment, and in default of payment by any stockholder of such instalments and penalties, the president and managers shall cause suit to be brought in the same manner as debts of like amount are recoverable, for the recovery of the said instalments and the penalties aforesaid. Quorum. ties of board. SECTION 7. The president and managers shall meet at such times and places as shall be ordained by their by-laws, and when met five shall be a quorum, and the managers present, in the absence of the president, may choose a president pro tem; they shall keep minutes of all their proceeding fairly entered in a book to be kept for that purpose, and shall Powers and du- have full power and authority to appoint and 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 determine the time, manner and proportion in which the stockholders shall pay the amount of their respective shares; 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 a quorum of the managers, and attested by the secretary, and to do and transact all other acts, matters or things as by this act and the by-laws of the company, may be entrusted to them. Location. struction of road. SECTION 8. The said turnpike road shall commence at the west end of the town of Fredericksburg, in the county of Lebanon, thence the nearest and best route via Pinegrove, Friedensburg and Schuylkill Haven, to a point on the Reading and Pottsville turnpike on the north of Schuylkill Haven, in Schuylkill county. SECTION 9. The said road shall be laid out not exceeding fifty feet in Width and con- width, of which eighteen feet wide in the middle of said road shall be a good and substantial turnpike road, to be composed of stone, wood, gravel or other proper materials, such as the nature of the ground may require, and so nearly level in its progress, that it shall in no place rise or fall more than will form an angle of five degrees from a horizontal line; and the said company shall have power to erect and build bridges, and to erect culverts over any creeks or channels where water must ne cessarily pass; and the said company shall ever after maintain and keep the said bridges and culverts in good order and repair: Provided however, That in all deep cuts or fills, the said road need not be of greater width on the surface than thirty feet. Proviso. Enter upon lands. SECTION 10. It shall be lawful for the president and managers, and ther agents, engineers and workmen, with their tools and instruments, carts, wagons and other carriages and beasts of draught and burden, to enter in and upon the lands over which, and contiguous and near to which the said road shall be laid or made, first giving notice of their intention to the occupiers thereof, and doing as little damage thereto as possible, and making amends for damages, if any, upon an equitable agreement by the parties, or if they cannot agree, then a just assess ment to be made upon oath or affirmation by three disinterested citizens, or any two of them to be mutually chosen, or if either party upon due notice shall neglect or refuse to join in the choice, then to be chosen by a justice of the peace who shall not be interested therein, and upon the tender of the assessed value to dig and carry away any timber, stone, gravel, sand, earth, or other materials necessary or suitable for making said road; and the said managers and their workmen, under their supervision, shall have full power to enter upon any lands lying near to, or adjoining said road, and to cut or open such drains through the same as they shall judge necessary to drain the water from the turnpike road, with the same rights, and under the same penalties, as the supervisors of highways. SECTION 11. The said president and managers shall keep fair and Accounts. just accounts of all moneys received by them, and of those paid 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 meeting of the stockholders; and when it shall be ascertained that the capital stock of the company is not sufficient to complete the said road according to the true intent and meaning of this act, it shall be lawful for the president and managers at a stated or special meeting, convened according to the provisions of this act and by-laws, to increase the number of shares to Increase shares. such an extent as they shall deem sufficient to accomplish the work, and to demand and receive the moneys subscribed for such additional shares, in the like manner and under the like penalties as are provided by this act in the case of original subscriptions. SECTION 12. Whenever the said company shall have finished five Governor to grant license to miles of said turnpike road, the president thereof may give notice to Governor to apthe governor, who shall thereupon forthwith appoint three skillful, ju- point viewers. dicious and disinterested persons to view and examine the same, and to report on oath or affirmation to him whether the said road is so far executed in a competent and workmanlike manner, according to the true intent and meaning of this act; and if their report shall be in the affirmative, then the governor shall by license under his hand and the seal of the state, permit said company to erect one or more gates across take toll. and upon said road, to collect from all persons such tolls as are hereinafter authorized to be collected: Provided, That no toll shall be de- Proviso. manded from any person or persons passing or repassing from one part of his, her, or their farm to any other part of the same, and all persons with their vehicles or horses, going directly to or from funerals or places of public worship, elections, or military trainings, shall be exempt from the payment of tolls, when traveling on the said road. SECTION 13. When the said company is licensed in manner afore- Toll-gatherers. said, it shall be lawful for them to appoint one or more toll-gatherers to collect and receive of and from all and every person and persons using the said road, the toll and rates hereinafter mentioned, and to stop any person leading, driving, or riding any horses, cattle, hogs, sheep, or vehicle of burden or pleasure of whatsoever kind, from passing through the said gate until they shall have respectively paid the same, that is to say for any five miles of said road, and in proportion for any less Tolls. distance, for every score of hogs, six cents; for every score of sheep, six cents; for every score of cattle, twelve cents, and in proportion for any greater or less number; for every horse and his rider, or lead horse, five cents; for every sulkey, chair or chaise with one horse and two wheels, eight cents, and for every such carriage with two horses, ten cents; for every vehicle not of burden with four wheels, six cents for each horse drawing the same; for every sleigh, six cents for each horse drawing the same; for every sled, five cents for each horse draw lation. ing the same; for every cart, wagon or carriage of burden carrying less than three tons burden, with wheels four inches wide, five cents per each horse drawing the same; with wheels less than four inches wide, seven cents for each horse drawing the same; and for every such carriage of burden carrying three tons or more burden, with wheels four inches wide, seven cents for each horse drawing the same; and with wheels less than four inches wide, nine cents for each horse drawing the same; two oxen, or one mule or ass, to be estimated as equal to Penalty for vio- one horse; and if any person shall represent to said toll-gatherer that he or she has traveled a less distance than he or she has actually traveled along said road, with intent to defraud the company of any toll, such person shall for every such offence forfeit and pay to the use of the company, the sum of five dollars; and if any toll-gatherer shall demand and receive toll for a greater distance than the person from whom such toll is demanded shall have traveled along said turnpike road, or shall demand and receive greater toll than is authorized by this act, such toll-gatherer shall forfeit and pay the sum of five dollars for every such offence to the supervisors of the township in which the forfeiture is incurred, for the use of the same, to be expended in repairing the public roads, and for payment of which the said company shall be responsible: Provided, That the said company may in their discretion reduce the tolls hereinbefore provided, or any of them, below what is here allowed, and to raise the same again not higher than is permitted by this act during such times and seasons, or at all times, and with such discrimination as they may deem most expedient. Proviso. Proceeding to keep the road in good order and repair. Penalty for evading the payment of tolls. Advantages and disadvantages of the road to be taken into consideration. Dividend. SECTION 14. If the company shall neglect to keep the road in good order for the space of thirty days, any justice of the peace of the neighborhood, in said county, where the repairs ought to be made, may issue a precept directed to any constable, commanding him to summon three disinterested persons to meet at a certain time at the place in said road which shall have been complained of, of which meeting notice shall be given to the toll-gatherer; and the said justice shall at such time and place hold an inquisition, and if the said road shall be found by the said inquisition to be out of order, contrary to the true intent and meaning of this act, the said justice shall certify a copy of the inquisition and send to the toll-gatherer, and from the time of receipt of said copy, no tolls shall be collected until the said defective part or parts of the said road shall be put in good order and repair aforesaid. SECTION 15. If any person or persons whomsoever shall practice any fraudulent means or device, with the intent that the payment of any toll or duty at said turnpike gate may be evaded or lessened, all and every such person or persons in any way or manner offending, shall for every such offence forfeit and pay to the said company any sum not exceeding ten dollars, to be sued for and recovered with costs of suit, before any justice of the peace, in like manner as debts of a similar nature are by law sued for and recovered. SECTION 16. In the adjustment of claims for damages for taking or using land or other property by the company, it shall be the duty of the persons appointed according to this act, to take into consideration the advantages as well as the disadvantages to be derived or sustained by the making of said turnpike road. SECTION 17. The president, managers, and company shall in the month of May in each and every year after the organization thereof, on a day to be named in their by-laws, proceed to examine and ascertain the income of the company, and after deducting all costs and charges incurred by the same, may if a majority of votes are found to be in favor thereof, out of the net profits, if any there be, declare a dividend to and among the stockholders, notice of which, and of the time and place shall be given, and the same shall be paid according. powers. SECTION 18. If the said company shall not proceed to carry on the Limitation of said work within four years after the passage of this act, or shall not within six years thereafter complete the same according to the true intent and meaning of this act, then or in either of those cases, all and singular the rights, liberties, privileges and franchises hereby granted shall revert to the commonwealth. SECTION 19. That the legislature hereby reserve the right to alter, annul, or revoke the charter and privileges hereby granted, whenever in Reservation. their opinion the same may be injurious to the citizens of this commonwealth; in such manner, however, that no injustice shall be done to the corporators; and the legislature shall have power to alter the rate of toll fixed by this act, and the managers of said company may lessen the same whenever they shall believe it necessary for the well being of the company or the community at large. WILLIAM F. PACKER, WM. F. JOHNSTON, APPROVED-The eleventh day of April, one thousand eight hundred and forty-eight. FRS. R. SHUNK. No. 401. AN ACT To incorporate the Columbia fire engine company, in the city of Philadelphia. 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 all and every the persons that shall at the time of the passing this act be members of the association, called the Columbia fire engine company, Incorporated. in the city of Philadelphia, shall be and they are hereby erected and Style. declared to be one body politic and corporate, by the name, style and Privileges. title of the "Columbia fire engine company, of the city of Philadelphia ;" and by the same shall have perpetual succession, and shall be able to sue and be sued, implead and be impleaded in all courts of record or elsewhere; and also the said corporation and their successors, at all times hereafter, be able to purchase, receive, have, hold, and enjoy to them and their successsors, all and all manner of lands, tenements, rents, annuities, liberties, franchises and other hereditaments, goods and chattles of whatsoever nature, kind or quality soever, real, personal or mixed, or choses in action, and the same from time to time sell, alien, grant, demise and dispose of: Provided, That the clear yearly value Proviso. and income of the said corporation shall not exceed two thousand five Seal. Proviso. Restrictions. Reservation. hundred dollars; and also to make and have a common seal, and the same to break and renew at pleasure; and also to ordain, establish and put in execution such by-laws, ordinances and regulations as shall appear necessary and convenient for the government of the said corporation, not being contrary to this charter, or of the constitution and laws of the United States or of this commonwealth, and generally to do all and singular the matters and things, which to them it shall lawfully appertain to do, for the well being of the said corporation and the due management and ordering the affairs thereof: Provided, That the said company shall at all times be subject to such rules and regulations as are now or may be from time to time enacted by the municipal corporation of the city of Philadelphia. SECTION 2. Nothing in this act contained shall be deemed to authorize the said company to engage, either directly or indirectly, in any banking, moneyed, commercial or manufacturing concern, or to act in any other way than as a fire company. SECTION 3. The legislature reserves the power to alter, revoke or annul the privileges and charter hereby granted, whenever in their opinion the same may be injurious to the citizens of the commonwealth; in such manner, however, that no injustice shall be done to the corporators. WILLIAM F. PACKER, Speaker of the House of Representatives. WM. F. JOHNSTON, APPROVED-The eleventh day of April, one thousand eight hundred and forty-eight. FRS. R. SHUNK. Trustees. Authorized to sell certain real estate. No. 402. AN ACT To authorize the sale of real estate in Luzerne and Columbia counties; to authorize the erection of a new school district in Northumberland county, and to incorporate the Farmers' and Mechanics' mutual insurance company of Lancaster county. 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 George A. Bowman, Andrew Fortner, John Barnes, William N. Brown, William Milnis, Andrew Shaw and Jacob Beers, trustees of the Methodist Episcopal church for the Luzerne circuit, (in the county of Luzerne,) be and they are hereby authorized to sell, at public or private sale, a certain lot of ground situate in the town of Cunningham, in said county of Luzerne, bounded as follows: beginning at a stone on the corner between Jacob Drumheller and Moses S. Brundage, on the west side of the turnpike road, and running along said Drumheller's land |