1

Construction of

interfere with

other public

highways.

lands, or take any property without making compensation to the owners of said property or giving adequate security therefor.

SECTION 13. That whenever in the construction of said road or roads, said road not to it shall be necessary to cross or intersect any established canal, road, or way, it shall be the duty of the president and directors of said com pany so to construct the said road across such established canal, raad, or way, as not to impede the passage or transportation of persons or property along the same, or when it shall be necessary to pass through the land of any individual; it shall also be their duty to provide før such individual proper wagon ways across said road or roads, from one part of his land to the other.

Service of pro

cess.

When suits to be brought.

Plea.

Penalty for injuring the works

of the co.

Penalty for placing obstruc

tions on the road.

Proviso.

Lateral rail

and connect

road.

SECTION 14. That in all suits against the said company, the servies of process on the president, secretary, treasurer, engineer, agent, or any director of said company, shall be good and available in law, bc: no suit or actions shall be prosecuted by any person or persons for any penalties incurred under this act, unless such suit or action shall b commenced within twelve months next after the offence committed or cause of action accrued, and the defendants in such suit or action may plead the general issue and give this act and the special matter in evidence, and that the same was done in pursuance and by authority of this act.

SECTION 15. That if any person or persons shall wilfully and know• ingly break, injure, or destroy the railroad hereby authorized or any part thereof, or any edifice, device, property or work, or any part thereof, or any machinery, engine, car, implement, or utensil, erected, owned or used by the said company, in pursuance of this act, he, she, or they so of fending shall forfeit and pay to the said company three times the actual damage so sustained, to be sued for and recovered with full costs before any tribunal having cognizance thereof, by action in the name and for the use of said company.

SECTION 16. That if any person or persons shall wilfully or maliciously remove or destroy any of the company's constructions, or place designedly and with evil intent any obstruction on the line of said railroad, so as to jeopard the safety or endanger the lives of persons traveling on or over the same, such person or persons so offending shall he deemed guilty of a misdemeanor, and shall be adjudged on conviction to be imprisoned in the penitentiary for a term not less than three months nor more than three years: Provided, That nothing herein contained shall prevent the company from pursuing any other appropriate remedy at law in such cases.

SECTION 17. That the said company shall not prevent any person roads may be or persons being the owner or owners of land bordering on or adjacent constructed by to said railroad, from making lateral railroads and connecting the same owners of land with the railroad of the company, for the purpose of transporting with the main thereon their produce or other material, being the products of said land, the said connections being made at the expense of the person or persons wishing the same, and according to the directions and subject to the approval of the directors of said company, or their authorized agent; and it shall be lawful for the said company in the manner and subject to the conditions and provisions herein before provided, in relation to the main line of their railroad by this act authorized to be made, to make such lateral railroads or branches leading from the main line of their said railroad, to such convenient places or points in either of the counties into or through which the said main line of their road may pass, and the counties next adjoining the same, as the presi dent and directors may deem advantageous, and suited to promote the

convenience of the inhabitants thereof, and the interests of said com

pany.

SECTION 18. That in times of war, invasion, or domestic insurrection, Toll on munithe said company shall carry and transport, or permit to be carried and tions of war, transported on said railroad, any troops, called into service by any comtroops, &c. petent authority, their ordnance, munitions, and military stores, at onehalf the usual charge for the time being, for carrying and transporting other passengers and freight.

SECTION 19. That at each annual meeting of the stockholders of Annual statesaid company, the president and directors for the year preceding shall ment. lay before them a full and complete statement of the affairs of the company, for the year ending on the last day of October, immediately preceding, exhibiting under the various appropriate heads the amount of moneys received, and from what sources the amount disbursed, and for what purpose, and the balance remaining with the company, which statement shall be accompanied with a report of the acts and proceedings of the company for the same period, with such further information as may be requisite to convey to the stockholders a full knowledge of

the affairs and condition of said company; the said statement and re- Statement to be port shall be published as soon as conveniently may be, in pamphlet published. form, and in such newspapers as the stockholders or president and di rectors may designate, and a copy thereof shall be transmitted to the Governor and to each branch of the Legislature at its next annual meeting.

SECTION 20. That if any increase of the capital stock shall be Capital may be deemed necessary, in order to complete or improve the said railroad or increased. appurtenances, it shall be lawful for the stockholders of said company at any annual or special meeting convened for that purpose, in manner as aforesaid, to increase and dispose of any additional number of shares not exceeding five thousand, so that the whole amount of said capital stock shall not exceed one million five hundred thousand dollars, and receive and demand the moneys for the said additional shares, in like manner and subject to the same conditions herein before provided for the original subscriptions, or as shall be provided for in the bylaws of the said company.

SECTION 21. That upon the completion of said railroad, or any part Public highthereof, the same shall be esteemed a public highway for the conveyance ways. of passengers and the transportation of freight subject to such rules and regulations in relation to the same, and to the size and construction of 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 com- Proviso. pany shall have the exclusive control of the motive power, and may from time to time establish, demand, and receive such rates of toll and other compensation for the use 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 over or on said railroad, as to the president and directors shall seem reasonable: Provided, however, That said rates of toll or other Proviso. compensation so to be established, demanded, or received when the cars used for such conveyance or transportation are owned or furnished by

others, shall not exceed two cents per mile for each passenger, four Rates of toll. cents per mile for each ton of two thousand pounds for freight, except for coal, which shall not exceed two cents per ton per mile, three cents

per mile for each passenger car, and two cents per mile for each burden or freight car, every four wheels being computed as a car.

Proceedings to be had to de

clare the charter forfeited.

Proviso.

Proviso.

of road.

SECTION 22. That it shall at all times be lawful for a committee f the Legislature, appointed for that purpose, to inspect the books and examine into the proceedings of the corporation hereby created, and t report whether the provisions of this charter have been by the sam? abused or violated, and if the officers of said corporation shall refuse to be sworn or affirmed, or give evidence, or refuse to produce any of their books or papers that may be demanded before any such commit tee, then the Legislature may by law declare the said charter void, and repeal the same, and whenever any committee as aforesaid shall find and report, or the Governor shall have reason to believe that the char ter has been violated, it may be lawful for the Legislature to direct, the Governor to order a scire facias to be sued out of the Supreme Court of Pennsylvania, in the name of the Commonwealth of Penn sylvania (which shall be served on the president, treasurer, or secre tary, at the office of the corporation for the time being, at least ten days before the commencement of the term of court), calling on the said corporation to show cause why the charter hereby granted should not be declared forfeited, and it shall be lawful for the said court, upon the return of the scire facias, to examine into the truth of the alleged violations, and if such violations be made to appear, then to adjudge that the said charter is forfeited, and thereupon and in that case the Legislature shall have power to declare the said charter void and repeal the same Provided, That every issue of fact which may be joined between the Commonwealth and the corporation in said proceedings shall be tried by a jury summoned by an officer to be named by the court from the body of the State, and it shall be lawful for the court aforesaid to require and compel the production of such of the books and papers of the corporation on such trial as it may deem necessary for the ascertainment of the controverted facts, and the final judgment of the court, shall be subject to all the usages of law, as in other cases: Provided further, That the remedies provided in this section shall be deemed cumulative and shall not prohibit proceedings against said company, under the act entitled "An Act relat ing to writs of quo warranto and mandamus," passed fourteenth June, one thousand eight hundred and thirty-six.

Commencement SECTION 23. That if the said company shall not commence the conand completion struction of said railroad within three years, and complete and open the same for use with one or more tracks, within the term of ten years, 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 relates to the payment of damages.

FINDLEY PATTERSON, Speaker of the House of Representatives.

DANIEL L. SHERWOOD,

Speaker of the Senate.

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

eight hundred and forty-six.

FRS. R. SHUNK

No. 247.

AN ACT

To incorporate the Luzerne and Schuylkill Railroad 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 G. M. Hollenback, E. W. Sturdevant, William R. Maffet, H. B. Wright, Commissioners Chester Butler, J. N. Conyngham, Henry Pettebone, James M'Carty, G. W. Leuffer, John R. Dean, H. B. Yost, Miller Horton, and William Hibler, of Luzerne county; Bird Patterson, Strange N. Palmer, James C. Oliver, F. W. Hughes, John Werner, Andrew Russell, John R. Smith, and James Taggart, of Schuylkill county; and William Wilson, Samuel Wolf, and Jonas Hartzell, of Carbon county, or any five or Duty. more of them, be, and they are hereby appointed commissioners, to do and perform the following duties, that is to say, they shall on or before the first day of September next, open a book or books at such place or places as they or a majority of the said five shall agree upon, appointing one or more of their number to attend thereat and receive the subscriptions so made to the stock of the said company, and in the said book or books shall be written as follows: "We, whose names are hereto sub- Form of subscribed, do severally promise to pay to the treasurer of the Luzerne and scription. Schuylkill railroad company, the sum of fifty dollars for each share of stock which we subscribe for, in such proportion, time, and place as the president and directors of said company shall direct; Witness our hands and seals this one thousand eight hundred "of the opening of which book or books four weeks' notice shall be given by advertisement in all the newspapers in Luzerne and Schuylkill counties, and in any other papers which the said commis

and

day of

sioners may direct; the said books shall be kept open for two weeks, To open books. at least, in each place, for the space of six hours in each juridical day, unless the capital stock of said company shall be subscribed for before the expiration of that time, when the said books shall be closed; the

capital stock of said company shall consist of twenty thousand shares, Capital stock. and all persons shall be permitted to subscribe in said books who are of lawful age, either by themselves or by legally authorized attorneys in fact, and any incorporated company or body politic may be authorized to subscribe as aforesaid: Provided, That no subscription shall be re- Proviso. ceived unless the person so subscribing shall pay at the time of subscribing, one dollar on each share so taken.

SECTION 2. When two thousand or more shares of said stock shall Letters patent. be subscribed, the said commissioners, or any five or more of them, shall certify to the Governor, on oath or affirmation, the names of the subscribers, and the number of shares taken by each, whereupon the Governor shall by letters patent, under his hand and the seal of the Commonwealth, create and erect the subscribers, together with those who may afterwards subscribe, as a body politic and corporate, in deed and in law, by the name, style, and title of "The Luzerne and Schuyl- Style. kill Railroad Company," and by that name to have perpetual succession, with all the privileges, franchises, and immunities incident to a corpo- Privileges. ration, and be able by the said name to sue and be sued, plead and be

Seal.
By-laws.

Proviso.

Organization.

Officers.

impleaded, in all courts of record and elsewhere, and to purchase, receive, have, hold, and enjoy, to them and to their successors, lands, tenements, and hereditaments, goods and chattels, with estates, real, personal, and mixed, of what kind or quality the same may be, which may be necessary for the construction of said railroad, and for no other purpose, and to make such dividends of the profits of the road from time to time as the president and directors, or a majority thereof may determine, and also to make, and have, keep, and use a common seal, and the same at any time to alter or renew, and also to make and ordain such by-laws and regulations for the government of said corporation, as are necessary and useful, and not contrary to the laws of this Commonwealth, or of the United States: Provided, That the said company shall not be a lowed to exercise any banking privileges, or any other liberties and privileges than such as are necessary to the making and maintaining of said railroad.

SECTION 3. The commissioners before named, or a majority of them. as soon after the said letters patent are obtained, as convenient, shad give notice by advertisement for three weeks in the papers before named, of the time and place appointed for organizing said company, and at the time and place appointed as aforesaid, tellers shall be elected by those present, when a president, and six directors, from the stockholders, shall be balloted for, and a majority of the stockholders present, either in person or by proxy, which proxies shall bear date within three months of the day on which said election shall be held, shall elect a president and directors, four of whom, with the treasurer, shall be residents of the counties through which said road may pass, and at all such elections each share of stock shall entitle the holder thereof to one vote, and the persons having the greatest number of votes shall be elected; the said president and directors, or a majority of the same, shall appoint such other officers and agents as shall be needed in conducting the business of said company, and shall fix the compensation of the same; the said president and directors shall hold their offices for one year from the said day of election, when a new election shall be held: Provided, also, That if any such election shall fail to take place that the said company shall not thereby be dissolved, but an election may take place at any time thereafter, on like public notice, as above, and in case any vacaney shall occur in the board from death, resignation, or refusal to act, the Vacancy, how said vacancy shall or may be supplied by the directors, or a majority thereof, until the next election.

Votes.

Proviso.

supplied.

Quorum.

Minutes.

Certificates of stock.

SECTION 4. The said president and directors shall meet at such time and place as may by them be agreed upon, and five thereof shall constitute a quorum, of whom, in the absence of the president, they shall pro tempore elect a chairman; they shall keep minutes of all their transactions, fairly entered in a book to be kept for that purpose, and all orders drawn upon the treasurer shall be signed by the president, after a resolve to that effect has passed the board.

SECTION 5. The president and managers first chosen shall procure certificates of stock for all the shares of the said company, and shall deliver one such certificates signed by the president, and countersigned by the treasurer, and sealed with the common seal of the said corporation, to each person for the share or shares by him subscribed and Transferable. held, which certificate or evidence of stock shall be transferable at his pleasure, in person, or by attorney duly authorized, in the presence of the president or treasurer, each of whom shall keep a book for that purpose, subject, however, to all payments due or to become due thereon, and the assigneee holding any certificate, having first caused the assignment to be entered in a book of the company to be kept for the