evidence, and that the same was done in pursuance and by authority of this act.

SECTION 17. That if any person or persons shall wilfully and know Penalty for in- ingly break, injure, or destroy the railroad, or any part thereof, to be juries. erected by the said company in pursuance of this act, he, she, or they shall forfeit and pay to the said company three times the actual dam ages so sustained, to be sued for and recovered with costs of suit in any court having cognizance thereof, by action of debt or felony in the same and for the use of said company.

Toll.

Road declared a

and company

SECTION 18. That the said company shall be entitled to receive no exceeding the following rates of toll, that is to say: On each bushe of coal one cent for any distance not exceeding three and one-half miles on lime one cent per bushel, on brick fifty-cents per thousand (any distance), on lumber square and round for every hundred feet solid tw cents per mile, on boards, planks, scantlings, or other sawed stuff re duced to inch measure two cents for every thousand feet per mile, or shingles per thousand two cents per mile, on all other articles not enumerated three cents per ton per mile, on all single and detached articles weighing less than one ton it shall be lawful to charge and re ceive on the transportation thereof an advance of ten per cent. on the rates as above stated.

SECTION 19. That the said road shall be a public highway on the public highway, completion of the Eastern division of five miles of said railroad, all authorized to transportation on the same, of whatsoever nature or kind, shall be car regulate travel-ried on and conducted under superintendence and direction of said ing and trans- company, who shall make rules for the regulation of all traveling and

portation.

Increase of capital stock.

transportation on the same, and alter the same as they may deem expedient, and it shall be lawful for any company that may hereafter be incorporated by any law of this Commonwealth or any individual or individuals to intersect said railroad or railroads at any place it may be deemed expedient, so that the same may be in such manner as not to injure the same.

SECTION 20. That if any increase of capital stock be deemed necessary by the stockholders to complete the said railroad, or to extend the same down the valley of Little Beaver not exceeding four miles, it 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 money in like manner and under like penalties as is heretofore provided for in the original subscription, or as shall be provided for by their by-laws.

SECTION 21. That the said company shall have the power, if deemed Borrow money. expedient for the completion of their road, to borrow any sum not exceeding seventy-five thousand dollars, and to issue bonds or other evidences of debt therefor in sums of not less than one hundred dollars.

Commencement

SECTION 22. That if the said corporation shall not commence and completion construction of said railroad within the term of two years, and finish the same to the distance of five miles within four years from the this act, then this charter shall be null and void.

of said road.

Reservation.

passage

of

SECTION 23. That if the said company shall at any time misuse or abuse any of the privileges hereby granted, the Legislature may

resume all and singular the right and privileges hereby granted to the said corporation.

APPROVED-The third day of March, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER.

No. 89.

AN ACT

To incorporate the Lehigh and Barks county turnpike road company.

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 Samuel Treichler, jr., Charles B. Scheimer, Charles W. Wieand, Samael D. Hiel, Israel Kriebel, Enoch Shults, John B. Scheimer, David Wieand, Daniel Kemmerer, Enos Fritz, Christian Willauer, Charles Commissioners. F. Steabler, Jacob Shipe, Moses Wieand, Reuben Steahler, Wilberly Willauer, Abraham B. Bechtel, Christopher K. Schultz, Conrad Meyer, Jeremiah G. Steichter, William Hittel, Sr., Jesse Klein, Solomon Wehr, William Schantz, Henry Masteller, Sr., Josiah Hillegass, William Weidner, John Hillegass, Benjamin Gehrhart, Joel Y. Schelly, David Kern, Jacob Schneider, Philip Hittel, Martin Kemmerer, and Samuel Schneider, or any six 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 Lehigh and Berks Style. County Turnpike Road Company," with power to construct a clay or stone turnpike, or plank road, from Herford post office, at the termination of Location. the Green Lane and Goshenhoppen turnpike road, in Berks county, by the nearest and best route via Zionsville to Scheimersville, in Lehigh

county, subject to the provisions and restrictions of an act regulating Subject to proturnpike and plank road companies, passed the twenty-sixth day of visions of cerJanuary, Anno Domini, one thousand eight hundred and forty nine, tain act. and the several supplements thereto.

SECTION 2. That the capital stock of the said company shall consist Capital stock. of one hundred shares, of twenty dollars each, and by a vote of the stockholders at a meeting called for the purpose, may be increased to two thousand shares if the same shall be deemed necessary to carry into effect the true intent and meaning or this act.

SECTION 3. That if said corporation shall not commence the con- Commencement struction of said road within two years from the passage of this act, and completion and complete the same within ten years from the passage of this act,

of said road.

Proviso as to tolls.

this act shall be null and void, except so far as the same shall be neces sary to wind up the affairs, and pay the debts of the company: Pro vided, That when two or more miles of said road shall be completed and approved of as is provided by the said general act, and the suple ment thereto, the said corporation should be authorized to take to therefor.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

WM. BIGLER.

APPROVED-The third day of March, A. D., one thousand eigh hundred and fifty-two.

No. 90.

AN ACT

Authorizing the laying out of a State road from Ringgold, Jefferson county, to Kittanning, Armstrong county, and relating to an election district in Arm strong county, and to certain school districts in Jefferson 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 Commissioners. Henry Frease and Benjamin Campbell, of Ringgold, Jefferson county

Duties of commissioners.

James Stewart, Esquire, of Kittanning, and George Ellenberger and Archibald Marshall, of Armstrong county, be, and they are hereby appointed commissioners to view and lay out a public road from Ringgold in Jefferson county, by way of Olney furnace, in Armstrong county, to the borough of Kittanning, in said county of Armstrong by the nearest and best route.

SECTION 2. That it shall be the duty of the said commissioners, or a majority of them, after taking and subscribing an oath or affirmation before some qualified officer of the peace, to perform the duties enjoined on them by this act with fidelity and impartiality, to carefully view the ground over which the said road may pass, and lay out the same as near to a straight line from point to point as the nature of the ground will permit, so that the vertical departure from a horizontal line shall at no place exceed five degrees, excepting only at the crossing of ravines and streams, when, by moderate filling or bridging the declination of the said road may be preserved within that limit.

SECTION 3. That it shall be the duty of said commissioners plainly Commissioners to mark the ground on the route agreed upon for the road aforesaid, to mark upon in such manner as to enable the supervisors readily to find the same, the ground the and for the purpose of fulfilling the duties by this act enjoined, the ploy a compe- said commissioners are hereby authorized to employ one competent rent surveyor. surveyor at a per diem allowance of two dollars, and two chain carriers and one axe-man at a per diem allowance not exceeding one dollar, and

route, and em

the said commissioners respectively shall receive a per diem allowance Compensation. not exceeding one dollar and fifty cents for each and every day necessarily spent in the discharge of the duties enjoined by this act, to be paid in the manner and form hereinafter directed.

SECTION 4. That it shall be the duty, of the said board of commissioners to proceed to view and lay out the said road on or before the first Monday of May next, or as soon thereafter as practicable, to make

out a fair and accurate draft of the location of said road, respectively Drafts to be noting thereon the courses and distances as they occur, the improve made and filed. ments passed through, and also the crossing of township lines, roads, and waters, with such other matters as may serve for explanation, one copy whereof to be deposited in the office of the Secretary of the Commonwealth on or before the first day of December, Anno Domini, one thousand eight hundred and fifty-two, and one copy in the offices of the clerks of the courts of the respective counties in which said road may be laid out on the day aforesaid, or as much sooner as practicable, and said road shall, to all intents and purposes, be a public highway, and shall be opened to the breadth, and repaired in all respects, as roads are opened and repaired which are laid out by order of the courts aforesaid.

sioners.

SECTION 5. That the account of said commissioners for their own Accounts to be pay, and the pay of the surveyor, chain carriers, axeman, et cetera, shall settled by be made out and returned to the commissioners of such counties in county commiswhich said road may be laid out, in proportion to the time spent in the respective counties in locating said road, and that they be paid out of the treasury of each of the respective counties on warrants drawn in the usual way.

SECTION 6. That in case any vacancy in said board of commissioners Vacancy. should occur by resignation, or otherwise, it shall be filled by the majority of said commissioners, or appointment by the judges of the Court of Quarter Sessions of the county in which said person or persons causing said vacancy shall have resided.

SECTION 7. That an act entitled "An Act authorizing the laying out Repeal of cerof a State road from Ringgold, in Jefferson county, to Kittanning, in tain act relating Armstrong county," be, and the same is hereby repealed so far as to a State road from Ringgold relates to said road act, passed fifteenth April, one thousand eight hun- to Kittanning. dred and fifty-one, and numbered three hundred and sixty-seven in the acts of Assembly for said year.

SECTION 8. That it shall be the duty of the supervisors of the Supervisors to several townships through which said road shall pass, upon notice given, open and make to proceed at once and open and make the said road as other roads are

made.

said road.

into a separate

SECTION 9. That the township of Mahoning, in the county of Arm- Mahoning townstrong, is hereby erected into a separate election district, and the gene- ship, Armstrong ral and township elections for the said district shall be held at the county, erected house of William Smullen, in said township, and the said William election district. Smullen is hereby appointed judge, and David Putney, Senior, and James Stockdell, inspectors, to hold and conduct the first election, to be held in March, one thousand eight hundred and fifty-two.

SECTION 10. That the farm and premises of James D. Acheson, of Farm attached Rose township, Jefferson county, is hereby attached to the borough of to Rose tp., for Brookville for school purposes, subject to the taxation of said borough school purposes. for the aforesaid purposes.

SECTION 11. That the farm and premises of John Postlethwaite, of Farm attached Porter township, Jefferson county, is hereby attached to Ringgold to Ringgold tp.,

for school pur- township for school purposes, subject to the taxation of said township

poses.

for the aforesaid purposes.

APPROVED-The third day of March, A. D., one thousand eigh hundred and fifty-two.

WM. BIGLER.

No. 91.

AN ACT

For the relief of John Webster.

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 the Canal Commissioners be, and they are hereby authorized and required to re-examine the claim of John Webster, for damage sustained by him in the burning of his barn, by sparks from the State engine, Pennsylvania railroad, and to report to the Legislature.

APPROVED-The third day of March, A. D., one thousand eight

hundred and fifty-two.

WM. BIGLER.