the town of Wilkesbarre, and there to connect with the Wilkesbarre and Scranton railroad.

SECTION 5. That said company shall have the right to connect with and make use of any part of any other railroad on or near any portion of the route that may be chosen with the consent of the company owning the same, at any and every point where it may be deemed unnecessary and inexpedient to build the whole of the road authorized by this act, and the act to which this is a supplement, and said company shall have authority and control over the part or parts built by them, in every respect, as fully and absolutely as if the whole road hereby authorized had been constructed by said company: Provided, That the southwestern terminus of said railroad shall be within one mile of the junction of the Quakoke and Beach creeks, in the county of Carbon.

SECTION 6. That the corporate name and title of said company is Name changed. hereby changed to the corporate name and title of the Philadelphia and North Branch railroad company.

SECTION 7. That the provisions of the fifth and seventh sections of Tolls. the act to improve the navigation of the Lehigh river, in the counties of Monroe and Luzerne, passed the fourteenth day of March, one thous and eight hundred and forty, shall not be construed so as to authorize "The Upper Lehigh Navigation company," incorporated under the provisions of the said act, to charge or collect tolls upon any timber or logs not manufactured into lumber, which may be floated through the improvements of the said company upon the river Lehigh, to any point or points below the said improvement, but such tolls and charges shall be confined to lumber actually manufactured before the same passes said improvement.

SECTION 8. That the District Court of Allegheny county shall have Jurisdiction exthe same jurisdiction as is conferred by law upon any of the Courts of tended. Common Pleas of this Commonwealth, in all cases of quo warranto and mandamus, and in all actions upon recognizances exceeding one hundred dollars, for keeping the peace and good behavior, and for appearance in any criminal court of this Commonwealth, and in all actions founded on penalties exceeding one hundred dollars, and also in all cases of the ascertainment of damages by inquisition or otherwise, by either of the parties entitled thereto, under and by virtue of the provisions of any act of Assembly, for the incorporation of any canal company, railroad company, turnpike company, plank road company, coal company, mining company, or manufacturing company, and in cases of lateral canals, lateral railroads, or canal or railroad landings, in any case in which damages are directed to be ascertained, and this jurisdiction of said District Court shall extend to all acts of Assembly relating to said subjects, that have been or may hereafter be passed.

SECTION 9. That it shall be the duty of the Court of Quarter Ses- Duty of the sions of the county of Luzerne, to fix and establish from time to time court of Luthe per diem allowance which the sheriff or keeper of the jail of said zerne co. county shall be entitled to receive for the support and maintenance of the prisoners committed to his custody.

SECTION 10. That it shall and may be lawful for the commissioners of the incorporated district of the Northern Liberties, in the county of Philadelphia, to creet and build, or cause to be erected and built, in Franklin avenue, between Fifth and Randolph streets, and between Randolph and Sixth streets, market-houses, which shall be built in the centre of the said street, not exceeding in width the market-houses now erected on said Franklin avenue, in the district of Kensington.

SECTION 11. That the commissioners of the district of Southwark, in Jevis lane width the county of Philadelphia, be, and the same are hereby authorized to of increased.

Proviso.

increase the width of Jevis lane, in the said district, to the width of thirty feet, from the north side of said lane: Provided, No expense shall be incurred by the county of Philadelphia.

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

WM. BIGLER.

No. 366.

AN ACT

For the relief of Patterson and Witmer; relative to the Manheim and Lebanon Turnpike and Plank Road Company; to the claim of Thomas Maguire; authorizing certain corporations to subscribe stock to the Philadelphia, Easton, and Water Gap Railroad Company; relative to the Lancaster, Lebanon, and Pine Grove railroad; to the sale of lands by the commissioners of Venango 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 Claim of Patter- the Canal Commissioners are hereby authorized and required to examine

son and Wit

mer.

Tolls on Man

heim and Lebanon turnpike.

Erie canal com

the claim of Patterson and Witmer, for damages sustained by the breaking of a defective car on the Philadelphia and Columbia railroad, on the thirteenth March, one thousand eight hundred and fifty-one, and report the facts to the Legislature.

SECTION 2. That the Manheim and Lebanon turnpike and plank road company is hereby authorized and empowered to collect and receive four cents per ton per mile on all iron ore, stone, coal, iron, and limestone that may be carried over said road.

SECTION 3. That the Erie canal company is hereby directed and repany to pay quired to pay Thomas Maguire two hundred dollars, the amount awarded Thos. Maguire him by the Canal Commissioners on the fourth of December, one thous certain moneys. and eight hundred and forty-six, with interest from the date of the award.

Certain authori

stock to the Philadelphia,

Easton and

SECTION 4. That it shall be lawful for the constituted authorities of ties to subscribe the city of Philadelphia, the incorporated districts in the county of Philadelphia, the borough of Easton, in the county of Northampton, and the counties of Monroe and Pike, or either of them, to subscribe for Water Gap rail- shares in the capital stock of the Philadelphia, Easton, and Water Gap railroad company to borrow money to pay therefor, and to make provision for the principal and interest of the money so borrowed as in other cases of loans to said city, counties, boroughs, and townships respectively, and no certificate of loan or bond shall be for a less sum than one hundred dollars, and shall be transferable only on the books of the re

road.

spective city, districts, counties, and boroughs, kept for that purpose, and the certificates of loans or bonds issued or to be issued by such authorities for the purpose aforesaid, bearing an interest of six per cent. per annum, payable half-yearly, shall be received as cash at par by the said company in payment of the instalments or shares subscribed as aforesaid, and the said city, counties, boroughs, and townships respectively may vote at the elections of said company by their officers specially authorized for the purpose in the same manner as individual stockholders, and the said company shall not sell or dispose of, below their par value, any bonds received in payment of stock subscriptions as aforesaid, without giving at least sixty days' notice to the municipal corporation having issued the same, that an instalment or instalments has been called in upon said stock, and if the said corporations shall pay the instalment or instalments so called, the bonds shall be returned to them, but upon their failure to make such payments the company shall have power to dispose of said bonds to the best advantage: Provided, That no subscription made by any municipal corporation authorized by this section to subscribe to the capital stock of said company shall exceed ten per cent. on the assessed valuation of the real and personal estate in the city, district. borough, or county making such subscription.

of Lancaster,

SECTION 5. That the time specified for commencing and completing Commencement the Lancaster, Lebanon, fand Pinegrove railroad, incorporated by act and completion of Assembly, approved the twenty-eighth March, one thousand eight Lebanon, and hundred and forty-six, be, and the same is hereby extended for the Pinegrove railterm of five years.

road.

act relative to the borough of

Warren.

SECTION 6. That the act entitled a supplement to the act entitled Construction of "An Act to organize the provisional county of Warren for judicial purposes," passed the eighteenth day of January, one thousand eight hundred and twenty, shall be so construed as to authorize the sale by the commissioners of Warren county of lands lying within the county of Warren which had been purchased by the commissioners of Venango, and which were unredeemed, and that the sale of said lands by the commissioners of Warren county is hereby confirmed and made valid to the purchaser: Provided, That this act shall not affect any action now pending, nor any owner of lands who may have redeemed, or attempted so to do within twenty-one years from the time of the treasurer's sale to the county of Venango.

APPROVED-The sixth day of May, A. D., one thousand eight hun

1

dred and fifty-two.

WM. BIGLER.

Corporators.

No. 367.

AN ACT

To incorporate the Huntingdon and Broad Top Mountain Railroad and Coal
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 John G. Miles, A. P. Wilson, Thomas Fisher, John M'Cahan, James Given, James Entriken, David Blair, James Saxton, John Ker, John Scott, S. S. Wharton, John A. Doyle, George Jackson, John Porter, Israel Grafius, S. M. Green, John M'Cullough, James Clark, J. B. Wintrode, Jacob Cresswell, Charles Mickley, Alexander King, Job Mann, Samuel L. Russell, William Evans, Andrew J. Neff, Wm. P. Shell, David M'Murtrie, John B. Given, William Ayres, George W. Speer, William P. Orbison, Levi Evans, James Patton, R. B. Petriken, Adin W. Benedict, Alexander Port, James M'Guire, Isaac Cook, Geo. Gwin, James Campbell, Daniel Grove, Henry Zimmerman, John B. Given, W. T. Daugherty, and their associates, successors and assigns, be, and they are hereby constituted a body politic and corporate, by the name, style, and title of "The Huntingdon and Broad Top Mountain Railroad and Coal Company," for the purpose of constructing a railroad as hereinafter is provided, and also for the purpose of mining coal and for transacting the usual business of companies engaged in mining, transporting and selling coal, and the other products of coal lands; the Capital stock. capital stock of said company shall not exceed three hundred thousand dollars, and the said company may hold, not exceeding at any one time, one thousand acres of land in the counties of Huntingdon, Fulton, and Bedford, together with such quantity as may be necessarily required in the prosecution of their legitimate business, for stations along their road and a depot on the Pennsylvania canal and railroad, at or near the borough of Huntingdon, and the said company shall have the same powers, liberties, privileges, immunities, and be subject to the same terms and conditions as are imposed in the act regulating railroad companies, incorporated by an act of Assembly, passed the nineteenth day of February, one thousand eight hundred and forty-nine, entitled "An Act to regulate railroad companies.".

Style.

Object.

Subject to the provisions of certain act.

Payment of in

terest.

Proviso.

Proviso.

SECTION 2. That the president and directors of said company, be, and are hereby authorized if they deem it advisable to pay to the shareholders entitled to receive the same, in the months of January and July, in each year, interest at the rate of six per centum per annum, on all instalments paid by them on their several shares of stock, and shall continue to pay the same till the road and improvements are in operation, and the said profits or earnings of the said road and mining within the same time shall be credited to the cost of construction and all interest paid shall be charged to the cost of construction: Provided, That interest shall not be paid on any share of stock upon which any instalment which has been called for remains unpaid: Provided further, That the stock of the said company shall not be subject to any tax in consequence of the payment of the interest hereby authorized until the nett income of the company shall realize at least six per cent. per an

num upon the capital invested; and the said corporation are hereby authorized and empowered, at such times as the president and directors may deem necessary, for the purpose of raising funds, or paying for iron, to issue certificates of indebtedness or corporate bonds not exceeding in amount two hundred thousand dollars, none of which shall be of a less denomination than one hundred dollars, signed by the president and attested by the secretary of the company, under the corporate seal of the corporation, and bearing an interest of six per cent. per annum, payable on the first Monday of January and July, in each and every year, at the office of the treasurer of the company, or at the Harrisburg, Philadelphia, or Baltimore banks.

SECTION 3. That the stockholders in said company, whether holding Liability of the certificates of stock in their own names, or being the parties bene- stockholders. ficially interested therein, shall be jointly and severally liable in their individual capacities and estates for all debts, contracts, and liabilities of said company for materials and labor in the mining of coal during the time such stockholders, respectively, own their said stock: Provided, That the business of this company shall be managed by nine di-, rectors, one of whom shall be chosen president.

liability.

SECTION 4. That in any action brought to enforce any liability under Actions brought the provisions of this act, the plaintiff may include as defendants with to enforce said company, any one or more of the stockholders of such company, and if judgment be given in favor of the plaintiff for his claim, or any part thereof, the execution upon said judgment shall be first levied on the property of the company, if it be found in the county where such judgment has been rendered, or execution issued, and in case such property sufficient to satisfy the same cannot be found in said county, the deficiency shall be collected of the property of such stockholder or stockholders; on the payment of any judgment aforesaid, or any part thereof, by one or more stockholders, the stockholder or stockholders so paying the same shall be entitled to have such judgment, or so much thereof as may have been paid by him or them, assigned or marked to the use of him or them for his or their benefit, with power to enforce the same, first, against the company, and in case the amount so paid by him or them shall not be collected of the property of the company, then rateably against the other stockholders, if any such there be, liable for the claim on which such judgment was obtained; and no suit or action brought as aforesaid, shall abate or fail because any person or persons shall be included as defendants in said suit who may not be liable as aforesaid, but that judgment shall, notwithstanding, be rendered against any other person or persons as well as corporations, who shall appear to be liable as stockholders as aforesaid.

ment of corpo

rate bonds.

SECTOIN 5. That the president and directors of the Huntingdon and Mortgage of Broad Top mountain railroad and coal company, are hereby empowered railroad as accuand authorized to mortgage their railroad, with all the franchises con- rity for the paynected with the same, or belonging to the company, and also their corporate lands, if they think proper, to secure the payment of their corporate bonds or other evidences of debt which the company may issue for the construction and completion of their railroad and improvements. JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,
Speaker of the Senate.

APPROVED-The sixth day of May, A. D., one thousand eight hun

dred and fifty-two.

WM. BIGLER.