Tolls. Proviso. Penalty for road. SECTION 20. On the completion of any part of the said road, or any portion of one track not less than ten miles, the same shall be esteemed a public highway, for the conveyance of passengers, merchandise and commodities, under such regulations as shall be prescribed by the managers, and it shall and may be lawful for the said company to demand and receive such sum or sums of money for tolls, as they shall from time to time think reasonable: Provided, That the tolls on the said road shall at no time be less per mile than those charged per mile on the Columbia and Philadelphia Railroad, for the same description of property, or for passengers, excepting the article of limestone, the toll on which may be reduced to any sum which the said company may deem proper, but shall in no case exceed three cents per ton per mile; and it shall be further lawful for the president and managers of said company, to prescribe the kind of carriages, wagons and conveyances which shall be used on the said railroad, for the transportation of persons and commodities, and to adopt such regulations as to the transit of wagons and carriages on the said road, as may seem to them most conducive to the interests of the public, and the persons using the same. SECTION 21. If any person or persons, shall wilfully and knowingly break, injure, or destroy the railroad, or any injuring the part thereof, or any work, edifice, car, engine, or other device, or any part thereof, to be erected by the said company, in pursuance of this act, he, she, or they, shall forfeit and pay to the said company, the actual damages so sustained, to be sued for and recovered, with costs of suit, in any court having cognizance thereof, by action of debt, in the name, and for the use of said company, and shall be subject to indictment in any court of Quarter Sessions of the proper county, and upon conviction of such offence, shall be punished by fine and imprisonment, at the discretion of the court. SECTION 22. If the president and managers of said comTime of company shall not proceed to carry on said work within five mencing and years from the passage of this act, and shall not complete completing the same as aforesaid, in ten years, according to the true the work, &c. intent and meaning of this act, or if after the completion of the said railroad, or any part thereof, the said corporation shall suffer the same to go to decay, and be impassable for the term of two years, then this charter shall becoine null and void, except so far as compels said company to make reparation for damages. SECTION 23. If any owner or driver of any car, carriage, wagon, or conveyance, upon the said railroad, shall pass by any place appointed for receiving tolls, without making pay- Penalty for ment thereof, with intent to defraud the said company, he, defrauding she, or they, so offending, shall forfeit and pay for every company. such offence, for the use of said company, the sum of twenty dollars, to be sued for and recovered by action of debt, before any justice of the peace, in like manner, and subject to the same rules and regulations, as debts under one hundred dollars may be sued for and recovered, together with the costs of suit. SECTION 24. If any increase of the capital stock be deemed necessary by the stockholders, to complete the said railroad, Capital stock cars, engines, and other devices, it may be lawful for the may be insaid president, managers and company, at a stated or spe- creased. cial meeting, convened for that purpose, to increase the number of shares, so that the capital of said company shalt not exceed nine hundred thousand dollars, and to receive and demand the money for shares so subscribed, in like manner, and under like penalties as are herein before provi ded for the original subscription, or as shall be provided for by their by-laws. SECTION 25. If said company shall at any time misuse or Legislature abuse any of the privileges hereby granted, the legislature reserve the may resume, all and singular, the rights and privileges right to rehereby granted to said company; the legislature also re-sume & purserves the right to purchase the rights of said company, and chase the the railroad, with its appurtenances, at any time after rights of the twenty years from the passage of this act, by paying to said company a sum of money which, together with the tolls received, shall be equal to the cost and expenses of said railroad, with an interest of eight per centum per annum thereon. company. SECTION 26. If the said company, in the construction of Penalty for said road, or in any other manner, by themselves, their obstructing agents, or contractors, shall obstruct or impede the navigation of the the naviga. tion of the Susquehanna river, the said company shall pay Susq'na. any damages which may be occasioned to any individual or individuals, by such obstruction, or by so impeding the said navigation, which damages shall be recovered by the party aggrieved, by an action of tresspass on the case. LEWIS DEWART, Speaker of the House of Representatives. J. R. BURDEN, Speaker of the Senate. APPROVED-The fourth day of April, one thousand eight hundred and thirty-seven. JOS: RITNER. books. No. 103. An Act Authorizing the Governor to incorporate the Meadville and Titusville Turnpike Road Company, and for other purposes. 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 for the purpose of making a turnpike road, commencing at the east end of Chesnut street, in the borough of Meadville, by Widow Kitelinger's mill, to Titusville, in Crawford county, Stephen Barlow, David Dick, John P. Commiss'rs. Davis, David M'Fadden, Joseph Douglass, E. A. Reynolds, C. B. Power, Meadville, William Curry, J. L. Chase, John Robinson, D. M'Combs, Adam Holliday, John Gilson, Titusville, Alexander Johnston, Avery Oaks, John Kean, Jacob Guy, Joel Jones, Jr., Randolph township, be, and they are To provide hereby appointed commissioners, to do and perform the duties hereinafter mentioned, that is to say; they shall proForm of sub-cure books, and enter therein as follows: "We whose names scription. are hereunto subscribed, do promise to pay the president and managers of the Meadville and Titusville Turnpike road Shares $25 company, the sum of twenty-five dollars for every share by us subscribed, in such manner and proportions, and at such times and places as shall be determined on by the said president and managers, in pursuance of "An act authorizing the Governor to incorporate the Meadville and Titusville Turnike road company;' Witness our hands, the Anno Domini, one thousand eight hundred shall give at least thirty days notice, in at least one newspaper published in the county of Crawford, of the time and places when and where the said books shall be open to receive subscriptions of stock of the said company, at which time and place, some one or more of the said commissioners shall attend, and receive subscriptions from all persons of lawful age, who shall offer to subscribe in said book, which shall be kept open for the purpose aforesaid, at least six hours in each juridical day, or for the space of six days, or until the 800 shares. books shall have subscribed therein eight hundred shares; each. Notice. Who may subscribe. Proviso. day of and the said commissioners may adjourn from time to time, and transfer the books from place to place, until the whole number of shares aforesaid shall be subscribed, of which adjournment and transfer, the said commissioners shall give such notice as the occasion may require: Provided always, That every person offering to subscribe in said, books, in his own or any other name, shall previously pay to the attending commissioner or commissioners, the sum of one dollar for every share to be subscribed, out of which shall be defrayed such incidental charges and expenses as may be necessary for taking such subscriptions, and the remainder shall be paid over to the treasurer of the corporation, as soon as the same shall be organized, and the officers chosen, as hereinafter mentioned. Letters pat ent. liabilities SECTION 2. When twenty or more persons shall have subscribed twenty-five or more shares, and the said commissioners, or a majority of them, shall have certified, under their hands and seals, to the Governor, the names of the subscribers, and the number of shares subscribed by each, it may be lawful for the Governor, by letters patent, under his hand, and the seal of the state, to create and erect the subscribers, and also all those who may afterwards subscribe, into one body politic and corporate, in deed and in law, by. the name, style and title of "The Meadville and Titusville Name, style Turnpike road company, "aud by the said name the subscri-and title. bers shall have perpetual succession, and the privileges and franchises incident to a corporation, and shall be capable of Privileges & taking and holding their said capital stock, and the increase and profits thereof, and enlarging the same from time to time, by new subscriptions, in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intention of this act, and of purchasing, taking and holding, to them and their successors and assigns, and of selling, transfering and conveying, in fee simple, or for any less estate, all such lands, 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 of doing all and every other matter and thing which a corporation or body politic may lawfully do. SECTION 3. That the stockholders, or any two of them Organization named in the letters patent, shall, as soon as conveniently may be after the issuing of the same, give notice in at least one of the newspapers published in the county of Crawford, of a time and place to be by them appointed, not less than twenty days from the time of the first notice, at which time and place, the said subscribers, or as many of them as may be then present, shall proceed to organize the said company, and shall choose, by a majority of the said subscribers, by ballot, either in person or by proxy, duly authorized, one president, six managers, one treasurer, and such other offi cers as may be necessary to conduct the business of said company for one year, and thence, until the next annual election, and until such other officers shall be chosen, and Vacancies how filled. Seal. By-laws. organized agreeably to the provisions of this act, and in case of the death, removal, or resignation of any president or manager, the board of managers may and shall choose another to supply the vacancy, until the next said annual election of said company; they may make and have one common seal, and the same may break, alter, or renew at pleasure, and may make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of this state, as shall be necessary for the well ordering the affairs of the corporation: Provided, That each subscriber shall be entitled to one vote for every share of stock by him or her held: And 2d Proviso. provided also, That no stockholder, whether original subscriber or assignee, shall be entitled to vote at any election or meeting of said company, unless the whole sum due and payable on the share or shares by him or her held at the time of such election or meeting, shall have been fully paid and discharged. Proviso, Treasurer. Annual election.. Certificates SECTION 4. That if any treasurer elected by virtue of this act, shall die, resign, or refuse to act, or neglect to give such security for the faithful discharge of the duties of his office as the board of managers may direct and require, or having given the security required, shall neglect or refuse to take upon him and perform all the duties of said office, it shall be the duty of the said managers for the time being, to appoint some suitable person treasurer, which person so appointed, shall hold the office to which he shall have been appointed, until the next election by the stockholders, on his giving the requisite security, and until a successor shall be duly elected, and give the security required. SECTION 5. That the stockholders shall meet on the first Monday in March, in each succeeding year, at such place as shall be fixed by the by-laws of said company, for the purpose of choosing in manner aforesaid, such officers as aforesaid, for the year ensuing the terms of service of those previously elected. SECTION 6. The said president and managers shall make of stock. out certificates of stock, signed by the president, and countersigned by the treasurer, and sealed with their corporate seal, and deliver one such certificate to each subscriber, for any share, or number of shares, by him or her held, on his or her paying to the treasurer on each share so held, the Transferable sum of five dollars, which certificates shall be transferable in person or by attorney, on the books of the said company, only subject to the sum due, or to become due, on the shares so transferred. SECTION 7. It shall and may be lawful for the said presi dent and managers, their superintendents, surveyors, engi |