tenements, hereditaments, and estate real and personal, as shall be necessary to them in the prosecution of their work, and of suing and being sued, and doing all and every other matter and thing which a body politic or corporate may lawfully do. SECTION 13. That the three persons first named in the letters patent, as soon as conveniently may be after the sealing of the same, shall give notice in two or more of the public newspapers in the county of Lehigh, of a time and place by them appointed, not less than thirty days from the time issuing the first notice, at which time and place the subscribers shall proceed to organize the said corporation, and shall, by Organization. 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 lawfully chosen, as is 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 14. That a public meeting of the stockholders shall be Annual meeting held annually, at such time and place as shall be fixed by the rules of stockholders. and by-laws of the said company, for the purpose of choosing officers for the ensuing year, and the transaction of such business as shall come before them: Provided, That no person shall have more than ten Proviso. no more. SECTION 15. That the president and managers shall procure certifi- Certificates of cates of stock in the said company, which shall be signed by the presi- stock. dent, 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 for the sum due thereon, five dollars on each share, which certificate shall be transferable either by the owner in person, or by his Transfer. attorney duly authorized, in the presence of the president or of the treasurer for the time being, subject, however, to the payment due or growing 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 liable to the same responsibilities to the company. SECTION 16. That the president and managers shall meet at such Meeting of pretime and place, and be convened in such manner as shall be prescribed sident and by the by-laws, at which meeting five members shall be a quorum, who managers. in the absence of the president may choose a chairman, and shall keep minutes of all their transactions truly inserted 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, Appoint offartists, and other officers as they shall think necessary for the erection cers, &c. of said bridge, and to fix their salaries and wages, or at their discretion make contracts for the erection or construction of the same or any part thereof; they shall also determine the times, manner, and proportion in which the stockholders shall pay the money due their respective shares, draw orders on the treasurer for money necessary to pay salaries, wages, Bills, &c., to be and bills for work or materials, or on account of contracts, which orders signed by presi shall be signed by the president, or in his absence by a majority of the dent. Penalty for neglecting to pay instal ments. Forfeiture. Additional sbares. Company to erect gates and take toll on completion. Rates of toll. Proviso. Proviso. Fines for charging excess of toll. quorum, and countersigned by the clerk, and also do and transact all matters and things as by this act or the by-laws of the said company shall be committed to them. SECTION 17. That if any stockholder after thirty days' notice given in any two newspapers printed in said county, of the time and place appointed for the payment of any instalment of said capital stock, shall neglect to pay such 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 one per cent. per month for every delay of such pay. ment, 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 sum 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 18. That whenever it shall appear to the said president, managers, and company at any general or special meeting that the said bridge cannot be completed without extending the number of shares, they shall be extended under the direction of such meeting so far as 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 19. That when a safe passage may be had across the said bridge, the property shall be vested in the said company, their successors, and their assigns forever, and the said company and assigns are hereby empowered to erect gates, and demand and receive toll not exceeding the following rates, to wit: for every score of sheep five cents; for every score of hogs eight cents; for every score of cattle fifteen cents; and so for a greater or less number; for every horse or mule two cents; for every horse and rider five cents; for every foot passenger one cent; for every sulkey, chair, or chaise, with one horse and two wheels ten cents; for every chariot, coach, phaton or chaise, with two horses and four wheels fifteen cents; for the aforesaid carriages with four horses twenty 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 ten cents; for every such wagon drawn by four horses twenty cents; for every sleigh five cents for every horse drawing the same; for every sled five 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 estimated equal to one horse: Provided, That the said bridge shall be so constructed as to admit any load not exceeding four tons, and drawn by not more than six horses or oxen at all times to cross it, the said president and managers however to have the power to increase the rate of toll to be de manded for any carriage of burden crossing the said bridge ladened with more than four tons, to an amount not exceeding treble the above rates, and to grade of horses drawing the same: And provided also, No toll shall be demanded from any person attending funerals, church, or schools, or going to or returning from any militia training. SECTION 20. That if the said company, or their successors, any person or persons by their authority, shall collect or demand any greater toll for passing over said bridge than what is herein before prescribed and specified, or shall neglect to keep the same in good repair, or to keep a list of the rates of toll placed near the bridge, on ten days' notice, given by a justice of the peace of the said county, they so offending, shall, for every offence, forfeit and pay the sum of five dollars, to be recoverable as debts of the same amount are by law recoverable; one How recovered. moiety thereof to go to the use of the poor of the county, and the other moiety to the use of the person who shall sue for the same; but no suit shall be brought unless commenced within thirty days after the offence shall have been committed. Dividend. SECTION 21. That the said president and managers shall keep a just True and just and true account of all the moneys received as toll for crossing the said account of mobridge otherwise; and shall make and declare a dividend of the neys received to be kept. profits and income, after deducting costs, expenses, and charges, and shall on the first Monday of January, in every year, publish the dividend to be made of the clear profits thereof amongst the stockholders, and of the time and place when and where the same shall be paid, and shall cause it to be paid accordingly: Provided, That it shall be lawful Proviso. for the said president and managers in making and declaring any dividend, to reserve such sum or porportion of the clear yearly income, not exceeding two per cent. on the capital stock, as they may think proper, to form a contingent fund, for the purpose of repairing and rebuilding said bridge in case of decay or injury, and the same to invest on such security, or in such stock as they shall deem safe and productive, and the interests arising from the same, again to invest, and the same stock to sell or transfer at any time when the funds may be required for the purpose aforesaid. SECTION 22. That it shall be lawful for the president and managers Collectors and aforesaid, to cause the toll collector or collectors, and watchmen, or watchman to men of said bridge, to take and subscribe an oath or affirmation before take oath for faithful pera justice of the peace of said county, that he or they will faithfully formance of conduct him or themselves in his or their respective stations, and hon- duty. estly account to the treasurer of the company for all the money collected by him or them, and diligently to attend to the discharge of his or their duty by watching with vigilance over the interests of the company, and safety of the bridge, and generally to execute with care and fidelity whatever lawful engagements he or they may enter into with the president and managers of said company. SECTION 23. That if any person or persons shall willfully pull down, Penalties for inbreak, injure, or destroy any part or parts of said bridge, or of any juries to bridge. toll-house, gates, bars, or any other property of the said corporation, appertaining to or erected for the use and convenience of said bridge, or of the person employed in attending to the same, or shall wilfully, without the consent or order of said corporation, deface or destroy any list of the rates of toll affixed in any place or places, for the information of passengers and others, who shall wilfully or maliciously obstruct or impede the passage on or over the said bridge, or any part or parts thereof, he, she, or they so offending shall each of them forfeit and pay for each and every such offence to said corporation the sum of ten dollars, to be recovered before a justice of the peace as debts of like amount are recoverable, and if any person shall be guilty of carrying any lighted segar or pipe, or of carrying fire in any manner, whatever, over said bridge, except in a lantern or in some vessel secured so that the possibility of setting fire to said bridge shall be fully prevented, or who shall discharge any pistol, gun, or other fire-arms on or near said bridge, so that said bridge might by possibility be set on fire or injured thereby, he or she so offending shall forfeit and pay to the said corporation, the sum of five dollars for every such offence, to be recovered as aforesaid; but no suit shall be brought for any of the aforesaid offences, unless commenced within thirty days after such offence shall have been committed, and he or they so offending shall remain liable Proviso. ed to resume the completion of said bridge. to actions at the suit of the corporation, for such wrongs, if the said sum or sums herein mentioned be not sufficient to repair and satisfy said damages: Provided, always, That the said bridge shall not be erected at any place so as to do any damage or injury, or in any manner to obstruct the Schuylkill navigation company in their works. SECTION 24. That if the said company shall not proceed to carry os State empower the said work within three years after they shall have been incorporated, or shall not within the space of four years thereafter, complete the said bridge, it shall and may be lawful for the Legislature of this Commonwealth to resume all and singular the rights, liberties, and pri vileges hereby granted to the said company: Provided, also, That the president and managers shall annually, in the month of January, pub lish in one or more newspaper printed in the county of Lehigh, a full account of the cost of building and repairing said bridge, and the amount of toll received. Proviso. Annuity to Mary Gehr, widow of a SECTION 25. That the State Treasurer be, and he is hereby required to pay to Mary Gehr, of Crawford county, widow of David Gehr, a soldier of the Indian war, or to her order, an annuity of forty dollars soldier of Indian during her natural life, commencing on the first day of January, one thousand eight hundred and fifty-two. war. APPROVED The twenty-sixth day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. Montgomery mining company to hold land in Chester county. No. 274. A SUPPLEMENT To an act entitled "An Act to incorporate the Montgomery Mining Company," approved the ninth day of May, one thousand eight hundred and fifty; relating to the borough of Bealsville, Washington county; to hawkers and pediers in Perry county; to lay out a State road in Perry county; to a State road in Allegheny county; and to Penn's Treaty Ground. 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 Montgomery county mining company, be and the same is hereby authorized to hold five hundred acres of land, in the county of Chester, at any one time, which shall be appropriated and used for the purposes authorized by the act to which this is a supplement: Provided, That so much of said act as authorizes the Montgomery county mining company to hold not exceeding five hundred acres of land in the township of Lower Providence, county of Montgomery, at any one time, be, and the same is hereby repealed; and the right of the company to hold land be limited to the authority given in this act. SECTION 2. That the village of Bealsville, in the county of Wash- Bealsville, ington, shall be, and is hereby erected into a borough, to be called the Washington co., borough of Bealsville, bounded, limited, and described, as follows, to wit: erected into a beginning at a corner stone on the Pittsburg and Morgantown road, borough. between the farms of Thomas H. Fowler, Peter Flick, and John M. Jenkins; thence, including the farms of John M. Jenkins, James Thompson, Nancy Campbell, Joseph McGerr, Rezon Craven, Joseph Weaver, and Thomas H. Fowler, to the place of beginning. tended to SECTION 3. That the provisions of the act of the General Assembly, Provisions of passed the first day of April, Anno Domini, one thousand eight hun- certain act exdred and thirty-four, entitled "An Act to provide for the incorporation Bealsville. of boroughs," are hereby extended to the borough of Bealsville, so far as the same are applicable. SECTION 4. That the said borough shall be a separate election and Erected into a school district, and have all the privileges extended by existing laws to separate elecborough elections and school districts. tion and school district. SECTION 5. That the qualified voters of said borough shall hold their Place of holding general and spring elections at the school house north of the turnpike, elections fixed. in said borough, and their first election on the third Friday of May next, between the hours of one and seven o'clock, P. M.; and Archibald D. Scott shall act as judge, and Morgan Hartman, and William Greenfield shall act as inspectors of said election; notice of said election shall be given by the officers thereof at least ten days previous by written or printed handbills put up at the most conspicuous places in said borough. SECTION 6. That from and after the first day of June next, no person Hawkers and or persons shall sell or expose to sale within the county of Perry, as pedlers in Perry a hawker, or pedler, or traveling merchant, any foreign or domestic county. goods, wares, or merchandize, under the penalty of fifty dollars for each and every offence, to be collected in the manner provided for in the act of April sixth, one thousand eight hundred and thirty-three, entitled "A supplement to the act regulating auctions in the city of Lancaster, and other towns of this Commonwealth," passed the seventh day of April, eighteen hundred and thirty-two: Provided, That the provisions Proviso. of this section shall not be so construed as to apply to persons selling goods of their own manufactory, or carrying goods for wholesale purposes, or to person or persons, books, maps, pamphlets, blanks. Location. SECTION 7. That John Reifsnyder, James B. Everhart, and George Commissioners. S. Hackett, of Perry county, be, and they are hereby appointed commissioners, and a majority of them are directed to view and lay out a State road, beginning at and continuing the State road at Lorysville, in Tyrone township, in Perry county; thence by way of the borough of Bloomfield and Newport bridge over the Juniata to Liverpool in said county, and in all cases the said commissioners shall select the most favorable ground doing as little injury to private property as possible, and at no point are they to deviate from an horizontal line more than four degrees, except at the crossing of streams and ravines, where by moderate cutting, filling, or bridging the line of said road can be reduced to that declination. before entering SECTION 8. That said commissioners before entering upon the per- Commissioners formance of their duties, shall take and subscribe an oath or affirmation to take an oath before a justice of the peace to perform the duties of their appoint- or affirmation ments with fidelity; they shall be allowed one dollar and fifty cents per day for every day engaged in the performance of their duties, and shall keep a correct account of the number of day employed, which shall be paid by the treasurer of said county upon the rendition of the accounts upon duties. |