and restrictions imposed upon the same by the act of Assembly incorporating said company, and the several supplements thereto, shall be, and are hereby extended and continued to the said company, notwithstanding they shall as aforesaid change the location or terminus originally contemplated by the act incorporating said company. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED-The fifteenth day of April, A. D., one thousand eight hundred and fifty-one. 357. WM. F. JOHNSTON. Commissioners. Style. Subject to provisions of cer tain act. Capital stock. AN ACT To incorporate the Greensburg and Uniontown Turnpike and Plank Road 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 Hugh Y. Brady, Robert Hitchman, Samuel Kuhns, Abraham Overholt, senior, John Kuhns, Joseph Lippencott, Jacob Welty, Jacob Brinker, John Armstrong, junior, Daniel Shupe, James C. Clark, Jacob Lobingier, David K. Marchand, John Lloyd, John Taylor, Adam Fisher, Alexander Miller, John Giffen, David Fullwood, of Westmoreland county, and H. D. Overholt, Henry Walter, John Fuller, Joseph Johnston, James C. Cummings, Joseph Torrence, Daniel Rogers, John T. Hurst, Samuel Freeman, N. Ewing, Thomas R. Davidson, Alfred Patterson, Daniel Kaine, Isaac Beeson, James Blackstone, Jacob Murphey, John Sowers, A. S. Fuller, George Meason, James M'Ilvaine, Joshua B. Howell, and John Patrick, of Fayette county, or any seven of them, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title, of "The Greensburg and Uniontown Plank Road Company," with power to construct a turnpike or plank road, or a road part turnpike and part plank, from Greensburg, in the county of Westmoreland, thence by the way of Mount Pleasant and Connellsville to Uniontown, in the county of Fayette, on the bed of the present public road between said points or otherwise by such route as the said company shall direct, subject to all the provisions and restrictions of "An Act regulating turnpike and plank road companies," approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the several supplements thereto, so far as they are not inconsistent with this act. SECTION 2. That the capital stock of said company shall consist of thirty thousand shares, at twenty-five dollars per share: Provided, That said company may from time to time, by a vote of the stockholders at a meeting called for that purpose, increase their capital stock so much as in their opinion may be deemed necessary to complete the road and to carry out the true intent and meaning of this act. SECTION 3. That if said company shall not commence the construc- Commencement tion of their road within three years after the passage of this act, and and completion complete the same within six years thereafter, this act shall be null and of road. void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company. SECTION 4. That said company, if it is deemed expedient, may extend Extension of their road to the Virginia State line in the direction of Morgantown, road. by the nearest and most practicable route. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED-The fifteenth day of April, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 358. AN ACT To incorporate a company to erect a bridge over the river Schuylkill at Spring Mill, in Montgomery county, relative to the nineteenth section of "An Act regulating certain election districts, &c." approved March twenty-ninth, eighteen hundred and fifty-one, to school directors in Philadelphia county, to actions for damages sustained by injuries done to the person by negligence or default, relative to the accounts of John Humes, deceased, to authorize the trustees of the Seventh Presbyterian church of Philadelphia to convey certain real estate, to security for moneys loaned by wives to husbands, to unpaid school taxes in Bradford county, and relative to service of process on agents of joint stock companies. 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 Daniel O. Hitner, James Cresson, Joseph Crawford, Nathaniel Y. Commissioners. Yerkes, Henry S. Hitner, Levi Streeper, Robert Maguire, Charles Freas, Hiram Corson, John Y. Crawford, Jeremiah Comfort, and Girard Lentz, all of the county of Montgomery, be, and are hereby appointed commissioners to do and perform the several duties hereinafter men- Duties. tioned that is to say, they or any five of them shall on or before the first day of April next procure a book or books and enter therein as follows: "We whose names are hereunto subscribed, do promise to pay into the president, managers, and company authorized to erect a ridge over the river Schuylkill below Spring Mill and near the Wiliam Penn Furnace, for the use of the said company, the sum of fifty Style. Privileges. dollars for each share of stock set opposite our respective names, in one thousand eight hundred and fifty-one;" and shall thereafter give thereof chosen as hereinafter directed. SECTION 3. That when two hundred shares of the said stock shall have been subscribed, the said commissioners, or any five of them, shal! certify under their hands and seals the names of the subscribers and the number of shares subscribed by each to the Governor; and thereupon Letters patent. it shall and may be lawful for the Governor, by letters patent under his hand and the seal of the State, to create and erect the subscribers, and if the said subscription be not full at the time, then also those whe shall afterward 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, Managers, and Company of the Schuylkill Bridge, at Spring Mill," and by the said name the subscribers shall have perpetual suecession and all the privileges and franchises incident to a corporation. and shall be capable of holding their said capital stock and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions in such manner and form as they shall think proper, if such enlargement be thought necessary to fulfil the intent and meaning of this act, and of entering in and upon the lands on either side of the said river so far as it may be necessary to use and occupy the same for the purposes of said bridge, first giving notice of their intentions to the occupiers thereof, and paying a reasonable compensation for the same as shall be agreed upon by the parties; or if they cannot agree upon a just and equitable valuation thereof to be made upon oath or affirmation by three disinterested freeholders, or any two of them, two of whom shall be mutually chosen by the parties, and said two thus chosen shall choose a third, 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 in said county who shall not be interested therein, and upon the tender of the assessed value to enter in and occupy the said lands for the purposes aforesaid, and of sucing and being sued, and of doing all and every other matter and thing which a corporation or body politie may lawfully do: Provided, In the construction of said bridge it shall not be lawful to erect any abutment, pier, or other device so as to interfere with or obstruct the passage of boats on the works of the Schuylkill Navigation Company. SECTION 3. That the five persons first named in the letters patent, Organization. as soon as conveniently may be after the sealing of the same, shall give notice in two or more public newspapers in the county of Montgomery of a time and place by them to be appointed, not less than thirty days from the time of issuing 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 said subscribers by ballot, to be delivered in person or by proxy duly authorized, one president, six managers, and one treasurer, who shall serve until other officers shall be chosen as hereinafter directed, and may make such rules, orders, regulations, and by-laws not inconsistent with the laws of this Commonwealth as shall be found necessary for the well ordering of the affairs of the said company, and generally to have all the powers, authorities, and privileges necessary for erecting, maintaining, and keeping in repair the said bridge. SECTION 4. That a public meeting of said stockholders shall be Annual meeting annually held at such time and place as shall be fixed by the rules and of stockholders. by-laws of the said company, for the purpose of choosing officers for the ensuing year, and the transaction of such business as may come before them: Provided, That no person shall have more than ten votes at any election or in determining any question arising at such meeting, whatever may be the number of shares to which he may be entitled, and that each person shall be entitled to one vote for every share of stock he may hold less than ten shares. SECTION 5. That the president and managers shall procure certificates Certificates of of stock in the said company, which shall be signed by the president stock. and countersigned by the treasurer, and sealed with the seal of the corporation, and each stockholder shall be entitled to a certificate for each share by him subscribed or held on paying to the treasurer in part of the sum due thereon ten dollars on each share, which certificate shall be transferable either by the owner in person or by his attorney duly authorized, in the presence of the president or of the treasurer for the time being, subject, however, to the payment due or to grow due thereon; and the person to whom such transfer shall be made shall stand in the place of the former holder, and be entitled to the same privileges and be liable to the same responsibilities to the company. Transferable. Powers. SECTION 6. That the president and managers shall meet at such times President and and places, and be convened in such manner as shall be prescribed by managers. the by-laws, at which meeting five members shall be a quorum, who in Quorum. the absence of the president may choose a chairman, and shall keep minutes of all their transactions fairly entered in a book. And at any such meeting, a quorum being present, they shall have full power and authority to agree with and appoint such engineers, superintendents, artists, and other officers, as they shall think necessary for the erection of said bridge, and to fix their salaries and wages, or at their discretion make contract for the erection or construction of the same or any part thereof. They shall also determine the times, manner, and proportions in which the stockholders shall pay the money due on their respective shares, draw orders on the treasurer for the money necessary to pay Forfeiture of stock. Increase of shares. Toll. salaries, wages, and bills for work and materials, or on account of contract, which orders shall be signed by the president, or in his absence by a majority of a quorum, and countersigned by the clerk, and do and transact all such matters and things as by this act or the by-laws of the company shall be committed to them. SECTION 7. That if any stockholder, after thirty days' notice given in two or more newspapers printed in said county of the time and place appointed for the payment of any instalment of the said capital stock, shall neglect to pay said instalment at the time appointed, every such stockholder or his assignee shall in addition to the proportion so called for pay at the rate of two per cent. per month for every delay of such payment; and if the same and the said additional payment shall remain unpaid for such a space of time that the accumulated penalties shall be equal to the sums before paid on account of such share, the same shall be forfeited to the company, and may be sold by them to any other person or persons willing to purchase, for such price as can be obtained therefor; or the president and managers may sue for and recover the same before any justice of the peace or before any court of competent jurisdiction. SECTION 8. That whenever it shall appear to the said president and managers and company at any special meeting, that the said bridge cannot be completed without extending the number of shares, the same shall be extended under the direction of said meeting, so far as it may be necessary to complete said bridge, which additional shares shall be sold by the president and managers, and shall entitle the holder to the same rights and privileges as those originally subscribed. SECTION 9. That when a safe passage may be had across the said bridge, the property of the same shall be vested in the said company, their successors and assigns, forever; and the said company, their successors and assigns, are hereby empowered to erect gates and demand and receive toll at not exceeding the following rates, to wit: For every score of sheep six cents, for every score of hogs ten cents, for every score of cattle twenty cents, and so for a greater or less number; for every horse or mule three cents, for every horse and rider four cents, for every foot-passenger one cent, for every sulkey, chair, or chaise with one horse and two wheels two cents, for every chariot, phacton, coach, or chaise with two horses and four wheels twenty cents, for either of the aforesaid carriages with four horses thirty cents, and for every other carriage of pleasure, under whatever name, the like sum according to the number of horses drawing the same; for every stage wagon with two horses twelve and one-half cents, for every such wagon drawn by four horses twenty-five cents, for every sleigh six and a-quarter cents for every horse drawing the same; for every sled four cents for each horse drawing the same; for every wagon or cart five cents for each horse drawing the same; and two oxen shall be equal to one horse: Provided, That the bridge shall be so constructed as to admit any load not exceeding twelve tons, and drawn by not more than twelve horses or oxen at all times to cross it; the said president and managers, however, to have the power to increase the toll to be demanded for any carriage of burden or cars crossing the said bridge laden with more than three tous, to not exceeding treble the above rates, and to grade them according to the weight of the load and the number of horses drawing the same: And provided also, That no toll shall be demanded from any person attending funerals nor returning from the same; and all persons going to and returning from military parades, going to and returning from church, children going to and returning from school, going to and returning from general elections, or walking in military procession. SECTION 10. That if the said company or their successors, or any |