Proviso.

of road.

in relation to the same, and the size and construction of the wheels, cars, and carriages, the weight of loads, and all other matters and things connected with the use of said railroad, as the president and directors may prescribe and direct: Provided, That the said company shall have exclusive control of the motive power, and may from time to time establish, demand, and receive such rates of toll or other compensation for the use of said road and of said motive power, and for the conveyance of passengers, the transportation of merchandize and commodities, and the cars or other vehicles containing the same or otherwise passing on or over the said railroad, as to the president and directors shall seem reasonable: Provided however, nevertheless, That said rates of toll and motive power charges so to be established, demanded, or received when the cars used for such conveyance or transportation, or owned or furnished by others shall not exceed two cents per mile for each passenger, four cents per mile for each ton of two thousand pounds, for freight ten cents per mile for each passenger or baggage car, and six cents per mile for each burden or freight car, every four wheels being computed a car, and in the transportation of passengers no charge shall be made to exceed three cents per mile for through pas sengers, and five cents per mile for way passengers.

Commencement SECTION 18. That if the said company shall not commence the conand completion struction of the said railroad within two years, and complete and open the same for use with at least one track within the term of seven years from the passage of this act, or if after the completion the said railroad shall be suffered to go into decay and be impassable for the term of two years, then this charter shall be null and void, except so far as compels the said company to make reparation for damages.

Abuse of ptivileges.

SECTION 19. That if the said shall at any time misuse or abuse any of the privileges hereby granted, the Legislature may resume all and singular the rights and privileges hereby granted to said corporation.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

WM. F. JOHNSTON,

Speaker of the Senate.

APPROVED-The tenth day of April, A. D., one thousand eight

hundred and forty-eight

FRS. R. SHUNK.

[1846.]

No. 157.

AN ACT

To incorporate the Summit Branch railroad company, in Dauphin and Schuylkill counties.

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 Elder, Jacob M. Haldeman, Henry Walters, Henry Buehler, Commissiɔqərя, Thomas Elder, Junior, John C. Kunkel, Samuel D. Karns, James Peacock, Robert J. Ross, William Buehler, Oliver Bellman, William Colder, Junior, Alfred F. Adams, Adam K. Fahnestock, Ira Spalding, George W. Wilt, Joseph Black, and Henry Beader, or any of them, together with such other persons as may associate with them in the subscription of stock, their successors and assigns forever, be, and they Corporation. are hereby erected into a body politic and corporate, in deed and in law, for the purpose of constructing, using, and keeping in repair branch railroads with one or more tracks and inclined planes, from the Summit in Bear valley, near the Dauphin and Schuylkill county line, to inter- Location. sect the Lykens' Valley railroad, or the Bear Mountain railroad, in William's valley, either or both, as may be deemed most expedient, ascending as well as descending, with a capital stock of eighty thousand dollars, to be divided into shares of twenty dollars each; the affairs of

the company to be conducted by five managers (who shall elect one of Number of their number president), who shall make such by-laws as shall be ne- members and cessary for the good government of the affairs of the corporation, and officers. who shall appoint a treasurer and such other officers and agents as shall be necessary to conduct the affairs thereof, and to require such security from them as may be deemed necessary, and the said managers shall be elected annually by the stockholders voting, one vote to each share, in person or by proxy, and who shall hold their offices until their successors are qualified.

SECTION 2. That when the number of one thousand shares are sub- Letters patent. scribed, and the sum of one dollar on each and every share actually paid in, it shall and may be lawful for the Governor, under the great seal of the Commonwealth, to incorporate the subscribers, as well as those who may thereafter subscribe to the amount of the capital, into a body politic and corporate as aforesaid, in the usual form, under the title of the "Summit Branch Railroad Company," and thereupon the Style. said corporation may proceed to the construction of the branch railroads, or either or both of them as aforesaid, in a good and substantial manner; and they shall, after the partial or entire completion thereof, be entitled to charge a toll not exceeding two cents per mile, and ten cents for each inclined plane, for each and every ton of produce, coal or other minerals, or of any other goods, wares, merchandize or commodities of any kind whatsoever, and three cents per mile for each and every passenger, and the said company may also charge a toll not exceeding the

Toll.

Public highways.

Lateral roads may be construsted.

Connection.

Borrow on pledge.

Powers and privileges.

Proviso.

Restrictions.

rate of three cents per mile, and twenty-five cents at the lower plane, and one dollar at the upper plane on the passage of each car of four wheels, said toll to include motive power at the said planes, and if at any time said railroad company should prefer to furnish the trade, either partially or wholly with cars, then they shall be authorized to charge such price for the use thereof as may be thought proper, not to exceed the rate of three cents per ton per mile, and in charging for all tolls, all fractions of half a mile in distance to be rated at half a mile; the roads constructed by the said company to be and to be kept as public highways, free to the use of all persons wishing to use the same; every landholder or tenant along the courses thereof shall be privileged to make conneetions of lateral roads therewith, the turn-outs therefor to be so constructed and kept as not to interfere with the use of the main road or roads, and all cars or wagons run upon the same shall be subject to such general rules and regulations as may be prescribed by the company, and be intended to keep the tracks of said road or roads free and open for the uninterrupted passage of the cars of every person desiring to travel thereon.

SECTION 3. That on the completion of the tunnel through the Big Lick mountain, it shall and may be lawful for the Summit Branch railroad company to construct, use, and keep in repair branch railroads, under the same general regulations, to connect with the Bear Mountain railroad, at or near Raush Gap, in Schuylkill county, and that in such case they be authorized to increase their capital stock to the sum of one hundred and sixty thousand dollars in the whole; and in any stage of their proceedings it shall be lawful for the Summit Branch railroad company to borrow, on the pledge of their road and fixtures, or otherwise, any sum not exceeding the amounts of capital stock herein particularly prescribed.

SECTION 4. That the Summit Branch railroad company hereby incorporated, shall possess and enjoy all the powers, privileges, and immunities, and be subject to the restrictions, terms, and conditions so far as the same may be applicable contained in the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twentysecond, twenty-third, twenty-fourth, and twenty-fifth sections of an act entitled "An Act authorizing the Governor to incorporate the Bear Mountain railroad company, and for other purposes," passed the thirteenth of July, one thousand eight hundred and forty two, except that the number of directors shall be five, and a quorum of the board three, and that the quantity of land at the points of starting junctions, to be acquired and held by the said company for the deposit, screening, and loading coal shall not at any one point exceed five acres: Provided, That nothing herein or therein contained shall be so considered or construed as giving to the said corporation any banking or mining privileges, or any other liberties, privileges or franchises but such as may be necessary or incident to the making and maintaining the said railroads, and to the conveyance of passengers, and the transportation of minerals, goods, merchandize and other commodities thereon.

FINDLEY PATTERSON, Speaker of the House of Representatives.

DANIEL L. SHERWOOD,

Speaker of the Senate.

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

eight hundred and forty-six.

FRS. R. SHUNK

No. 185.

AN ACT

To incorporate the Lancaster, Lebanon, and Pine Grove railroad company.

Au

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 John George, Simeon Guilford, John Uhler, Christian A. Seltzer, Jef. Commissioners. ferson Shirk, John Krause, Adam Grittinger, John W. Gloninger, Levi Kline, Thomas M. Bibighaus, Jacob B. Weidman, John Reynolds, Allen P. Hibshman, Abraham Rex, George F. Miller, John B. Seidle, Henry Meily, John Bruner, Abraham Shirk, of Lebanon county; gustine Holmes, George N. Eckert, David Greenawalt, John Stees, William Græff, Peter Filbert, John Strimpler, John Bannan, Samuel B. Fisher of Schuylkill county; Robert Kelton, Joseph Konigmacher, Clement B. Grubb, John N. Lane, George D. Coleman, Christopher Hager, Bernard Flynn, Christian Bachman, of Lancaster county; Christian E. Spangler, William Raiguel, John Eckel, John Brock, Jacob Mayland, of Philadelphia; William Donaldson, of Columbia county, be, and they are hereby appointed commissioners, to do and perform the several acts and things hereinafter mentioned, that is to say, they or such of them as shall act in the premises, not less than five, shall, before proceeding to the performance of their duties, be respectively sworn or affirmed before an officer competent to administer oaths, well To be sworn. and truly to perform the duties enjoined upon them by this act, and as soon as conveniently may be, and within three months next after the

passage of this act, shall procure and open suitable books at such proper Procure books. times and places as they may designate, in the cities of Philadelphia and Lancaster, and the boroughs of Pine Grove and Lebanon, and at such other places as they may deem expedient, of which times and places at least thirty days' previous notice shall be given in not less than one daily newspaper published in Philadelphia, and in not less than three weekly papers in the counties of Lancaster, Lebanon, and Schuylkill, in which books they shall enter as follows: "We, whose Form of subnames are hereunto subscribed do promise to pay to the president, di- scription. rectors, and company of the Lancaster, Lebanon, and Pine Grove railroad company, the sum of fifty dollars for each and every share of stock set opposite to our respective names, in such manner and proportions and at such times, not exceeding five dollars per share, in any period of sixty days, as shall be determined by the president and directors of said company, in pursuance of an act entitled 'An Act to incorporate the Lancaster, Lebanon, and Pine Grove railroad company;' Witness our hands and seals the day of one thousand eight hundred and "and at the times and places so designated and named in the public notices to be given as aforesaid, the said commissioners, by themselves, or by committees to be by them appointed, shall attend and furnish to all persons duly qualified, who shall offer to subscribe, an opportunity of so doing; and it shall be lawful for all such persons, and for all firms, co-partnerships, and bodies politic and corpo- Who may subrate, by themselves, or by persons duly authorized to subscribe for shares scribe. in said stock, and the said books shall be kept open at least six hours

Number of shares.

in every juridical day, for term of ten days, unless the whole number of twenty-five thousand shares shall have been sooner subscribed, and if at the expiration of ten days the said books shall not have the whole number of shares aforesaid, subscribed therein, the said commissioners may adjourn from time to time, and transfer the said books elsewhere, until the whole number of twenty-five thousand shares shall have been Adjournments. subscribed, of which adjournments and transfers the said commissioners shall give such public notice as in their opinion the occasion may require, and when the whole number of shares before mentioned shall have been subscribed the books shall be closed: Provided, That no subscription for such stock shall be valid unless the party or parties making the same, shall at the time of subscribing, pay to said commissioners five dollars on each and every share for the use of the company: And provided further, That if more than twenty-five thousand shares shall have been subscribed within the ten days, and before the closing of the books as aforesaid, the commissioners shall reduce the subscriptions pro rata as near as practicable, in such manner as to them may appear equitable, until the number of shares do not exceed twenty-five thousand, but no subscription for ten shares or under shall be so reduced.

Proviso.

Proviso.

Commissioners

Style.

Privileges.

SECTION 2. That when five thousand shares or more of the said stock to certify to the shall have been subscribed, and five dollars paid on each and every Governor. share as aforesaid, the said commissioners, acting in the premises as aforesaid, or a majority of them, shall certify to the Governor, which certificate shall be verified by the oath or affirmation of at least two of said commissioners, the names of the subscribers and the number of shares subscribed by each, and that five dollars on each share have been Letters patent. paid, whereupon the Governor shall by letters patent, under his hand and the seal of the Commonwealth, create and constitute the subscribers, and if the subscription be not full at the time, those who shall thereafter subscribe to the number of shares aforesaid, their successors and assigns, into a body politic and corporate, in deed and in law, by the name, style, and title of "The Lancaster, Lebanon, and Pine Grove Railroad Company," and by the said name, style, and title, the said subscribers shall have perpetual succession, with all the privileges, franchises, and immunities incident to a corporation, and be able to sue and be sued, plead and be impleaded, in all courts of record and elsewhere, and to purchase, receive, have, hold, use, and enjoy, to them and their successors, lands, tenements, and hereditaments, engines, locomotives, cars, goods, chattels, and estate, real and personal, of what kind or quality soever, and the same from time to time to sell, exchange, mortgage, grant, alien, or otherwise dispose of, and to make dividends of such portions of the profits as they may deem proper, and also to make and have a common seal, and the same to alter and renew at pleasure, and also to ordain, establish, and put in execution such by-laws, ordinances, and regulations, as shall appear necessary or convenient for the government of said corporation, not being contrary to the Constitution and laws of the United States, or of this Commonwealth, and generally to do all and singular the matters and things which to them it shall lawfully appertain to do for the well-being of said corporation, and the due ordering and management of the affairs thereof: Provided, That nothing herein contained shall be so construed as in any way giving to said corporation any banking privileges whatsoever, or any other lib erties, privileges, or franchises, but such as may be necessary or convenient to the procuring, owning, making, maintaining, regulating, and using said railroad, the locomotives, machinery, cars, and other appendages thereof, and the conveyance of passengers, the transportation of the mail, and of goods, merchandize, commodities, and things thereon:

By-laws.

Proviso.