206. AN ACT Authorizing the laying out of a State road from the Wilkesbarre and Bridgewater turnpike road, at or near the town of Dimmock, Susquehanna county, to the Lackawanna and Western railroad near the Tunkhannock depot, in the county of Wyoming, and authorizing the laying out of a State road from Tunkhannock, in Wyoming county, to Towanda, in Bradford 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 Walker and Lewis Brush, of the county of Susquehanna, and William M. Piatt, of the county of Wyoming, be, and they are hereby appointed commissioners to view and lay out a State road, commencing Commissioners. upon the Wilkesbarre and Bridgwater turnpike road, at or near the village of Dimmock, in Susquehanna county, thence by the nearest and best route crossing the Meshoppen creek at the bridge erected upon the Spring. ville and Brooklyn road to the Lackawanna and Western railroad, at or Location. regard to private property. SECTION 2. That it shall be the duty of the said commissioners, or Duties of coma majority of them, after having been duly sworn or affirmed before a missioners. justice of the peace, who shall file and preserve the same in his office, to perform all the duties enjoined by this act with impartiality, carefully to view the ground over which the road to be laid out by them may pass, having due regard to a straight and easy road for the public, at an elevation of not more than four degrees from the horizon, and fifty feet in width, adopting as far as practicable, any roads or parts of roads now in use, and that they shall clearly and distinctly mark the road in such a manner as shall render the route agreed upon readily found by the supervisors, and for fulfilling the duties enjoined by this act, the commissioners shall be allowed the sum of two dollars and fifty cents per day for every day they shall be necessarily employed in performing the duties assigned by this act, and the said commissioners are hereby authorized to employ one surveyor at two dollars and fifty cents per diem, two chain-bearers, and two axe-men, at a sum not exceeding one dollar for each per diem. Compensation. SECTION 3. That said commissioners shall make out a fair and accu- Drafts to be rate draft of the location of the road, noting thereon the courses and made out, and distances, and the places, waters, county and township lines, with such filed. other matter as may serve for explanation, one copy whereof shall be deposited in the office of the Secretary of the Commonwealth, on or before the first day of September next, and one copy in the office of the clerk of the Court of Quarter Sessions of the respective counties through which the said road may pass on the time aforesaid, or as much sooner as practicable, and from thenceforth the said road shall be a public highway, and shall be opened and repaired as all other roads laid out by the courts are made and repaired. SECTION 4. That the commissioners shall draw on the commissioners Accounts, how of the counties through which the said road shall pass, who shall adjust settled. Meeting of the accounts of the commissioners, surveyor, chain-bearers, and axemen, and pay them as other accounts by orders on the treasurer of the county are paid in proportion to the length of the road in each county respectively. SECTION 5. That the said commissioners shall meet on or before the commissioners. first Monday of May next, or as soon thereafter as a majority of them shall agree, and complete the location of said road as soon as practica. ble, and if any vacaney shall 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 30 resigning shall have resided, and the said commissioners shall have the same powers, and perform the same duties in relation to damages to the property through which said road shall pass, as the viewers of roads in the counties of Susquehanna and Wyoming respectively. Duties of super Commissioners Duties of Com missioners. Further duties. SECTION 6. That it shall be the duty of the supervisors of the several townships through which said road shall pass, upon notice given to proceed at once and open and make the said road as other reads are made, if they have sufficient funds in their hands at the time for that. purpose, and on failing to comply, the said supervisors, or any of them, shall forfeit and pay a fine not less than fifty dollars, to be collected as other fines are collected, and said fine shall be applied to the use of said road; the justice of the peace before whom information is lodged shall have power to appoint another person in place of the supervisor refusing to perform the daties enjoined by this ast, who shall be paid out of the funds set apart for the laying out and repairing of roads in the township through which said person so refusing may reside, and that said commissioners shall have power to vacate any road or part thereof as may be rendered useless by this act, or shall have power to change and re-locate any part of such roads between the points mentioned in this act as may be deemed necessary SECTION 7. That Charles F. Welles, of Bradford county, and William M. Piatt, of Wyoming county, and Thomas T. Wierman, of Wyoming county, be, and they are hereby appointed commissioners to view and lay out a State road from Tunkhannock, in Wyoming county, to Towanda, in Bradford county. SECTION 8. That it shall the duty of the board of commissioners, or a majority of them, after taking and subscribing an oath or affirmation before a justice of the peace to perform the duties enjoined upon them by this act with impartiality and fidelity, to carefully view the ground over which the said road may pass, and to lay out the same on the nearest and best ground, and in no place to exceed an elevation of five degrees. SECTION 9. That it shall be the duty of the said commissioners, plainly and distinctly, to mark the ground on the routes agreed upon for the road aforesaid, in such manner as to enable the supervisors or road commissioners readily to find the same, and for the purpose of fulfilling the duties in this act enjoined, the said commissioners are hereby Compensasion. authorized to employ at a per diem allowance not exceeding one dollar each, two chain-carriers and one axe-man; and the said commissioners respectively shall receive a per diem allowance not exceeding one dellar and fifty cents each, for each day necessarily expended in the discharge of the duties enjoined by this act; and the said commissioner performing the duties of surveyor, shall have, and receive an additional compensation of one dollar per day for each and every day spent in the laying out of said road, to be paid in manner and form as hereinafter directed. filed. SECTION 10. That it shall be the duty of said commissioners to make Drafts of road out a fair and accurate draft of the location of said road, noting thereon the to be made and courses and distances as they occur, particularizing such portions of the present highway as they shall deem proper to vacate, and also such portions thereof as they shall adopt as the future road, and the improvements, with such other matters as may serve for explanation, one copy whereof shall be deposited in the office of the Secretary of the Commonwealth, on or before the first day of January next, and one copy in the office of the clerks of courts, in the respective counties in which the said road may be laid out, on the day aforesaid, or as much. sooner as practicable, which shall be a record thereof, and from thenceforth the said road shall be, to all intents and purposes, a public highway, and shall be opened to the breadth and improved in all respects as roads are opened and repaired, which are laid out by township road commissioners or by order of the courts aforesaid. SECTION 11. That the accounts of the said commissioners for their Accounts how own pay, and the pay of their chain-carriers, shall be made out and re- settled. turned to the commissioners of such counties in which said road may be located, 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 12. That the said commissioners shall meet on or before the Meeting of comfirst day of June next, or as soon thereafter as practicable, and complete missioners. the view of said road, and if any vacancy occurs, the Court of Quarter Sessions of the county, where such vacancy occurs, shall supply by the appointment of suitable person, who shall perform said duty. JOHN S. RHEY, APPROVED-The ninth day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 207. A FURTHER SUPPLEMENT To an act to incorporate the Delaware, Lehigh, Schuylkill, and Susquehanna Railroad Company, passed April twenty-first, one thousand eight hundred and forty-six. 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 Delaware, Leit shall be lawful for the president and managers of the Delaware, Le- high, Schuylkill, and Susquehigh, Schuylkill, and Susquehanna railroad company, with the consent hanna railroad of a majority of the stockholders thereof, to be first obtained at a meeting to be convened for that purpose, by order of said president and mana- bonds. company to sell Proviso. Proviso. Payment of money borrow ed, how secured. Certain corporations to subscribe stock. Proviso. Proviso. gers, upon thirty days' notice published in a newspaper printed in the borough of Easton, in one newspaper printed in the borough of Mauch Chunk, and in one newspaper printed in the borough of Allentown, stating that the object of said meeting is to create, issue, and dispose of a sufficient amount of bonds on such terms and at such prices as the said stockholders may direct to enable the said company to construct or stock their said railroad, or any part thereof: Provided, That none of the moneys arising from the sale or disposal of the said bonds which may be issued under the act shall be appropriated to any other use or purpose whatever than the completion and stocking of said railroad or some portion thereof: Provided, That no certificate of loan shall be issued of a less denomination than one hundred dollars. SECTION 2. That for securing the due payment of any sums of money and the interest thereon, which the president and managers of the said company may borrow or raise by the sale of bonds, as provided for in the first section of this act, it shall and may be lawful for the said company to pledge or hypothecate by way of mortgage, trust, or otherwise, howsoever, the aforementioned railroad, with all its privileges, appendages, and appurtenances, and all the property and chartered rights of said company, and such pledge by hypothecation, mortgage, or trust, shall be valid for the due payment of any sum or sums of money with the interest thereof which the same may be given to secure; and in case default shall be made in the payment of any sum or sums of money so borrowed as aforesaid or the interest thereof, the person or persons, body politic or corporate, or the legal representatives or assigns, claiming under such pledge, hypothecation, mortgage, or trust, may by due process of law acquire, and have and hold, use, and enjoy the said railroad, with its appendages and appurtenances, and the property of the said company, and take and receive the tolls, rents, issues, and profits thereof during the whole residue of the term for which the said company chartered and incorporated, in as full and ample a manner as the stockholders of the said company could or might have used and enjoyed the same. is SECTION 3. That it shall be lawful for any railroad or coal company transacting business in the city and county of Philadelphia, or the counties of Northampton, Lehigh, Carbon, and Luzerne, to subscribe for shares in the capital stock of the Delaware, Lehigh, Schuylkill, and Susquehanna railroad company, to borrow money by an issue of bonds in sums of not less than one hundred dollars each to pay therefor, and to make provisions for the payment of the principal and interest of the money so borrowed, the certificates of loan or bonds which may be issued by said corporation bearing an interest of six per cent. per annum, payable half-yearly, may be received as cash by the Delaware, Lehigh, Schuylkill, and Susquehanna railroad company in payment of any part or the whole amount of the shares subscribed by the corporations issuing said certificates or bonds, and any company holding shares of stock may be represented at elections and meetings of said company by agents duly authorized by and acting under resolutions passed by the authorities thereof: Provided, That any company that shall be possessed of three thousand shares or more in the capital stock of said company, shall, in lieu of voting at the general elections of said company, be entitled to elect, by the proper officers thereof, one manager for each and every three thousand shares held by said company: Provided, That no company shall elect more than one manager, and a majority of the board of managers shall at all times be elected by the private stockholders; if at any time companies shall be entitled under this provision to more than three managers, then the number of managers which such companies are entitled to shall be reduced in such manner as shall be determined upon by the managers of this company then in office: And it is further provided, That each individual stockholder shall be entitled to one vote for each and every share of stock held by him or them respectively, and that so much of the fourth section of the act incorporating this company as is consistent herewith, be, and the same is hereby repealed. SECTION 4. That the president and managers of the Delaware, Lehigh, Schuylkill, and Susquehanna railroad company be, and are hereby authorized to pay to the shareholders entitled to receive the same, in the months of May and November in each year, interest at the rate of six per centum per annum on all instalments paid by them, and continue to pay the same till the road shall be completed; all the profits or earnings of said railroad 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 instalments 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. Proviso. Interest on instalments. SECTION 5. That so much of the eleventh section of said act as pro- Construction of hibits the Delaware, Lehigh, Schuylkill, and Susquehanna railroad com- 11th section. pany from passing through any dwelling house, shall be construed only to extend to homesteads in possession and occupancy of the owner or owners, and shall not extend to dwellings kept for rent: Provided, That full compensation be made to the owner or owners of such buildings for all damage sustained thereby, the same to be ascertained as in Bother cases. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The tenth day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. Proviso. No. 208. AN ACT To incorporate the Philadelphia and Pavonia Ferry 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 Thomas Craven, William English, Eliashib Tracy, Peter Rambo, Ben- Corporators. jamin W. Cooper, Thomas T. Vaughn, and William M. Baird, and such other persons as may hereafter associate with them, shall be, and they |