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lands upon which to construct said bridge, to be ascertained
and located by said commissioners, or a majority of them, at Location.
some point on the river Allegheny, between the head of the
Richardson island and the head of the M'Guire island, so called,
in said river, at or near the village of Tidioute; also all tene-
ments, hereditaments and estate, in fee simple, or any real or
personal estate, as shall be necessary and convenient to them in
the prosecution of their works, and the same to sell and dispose
of at their pleasure, and of suing and being sued, pleading and
being impleaded in all courts of justice.

SECTION 3. That the capital stock of said company shall not Capital stock. exceed the sum of thirty thousand dollars, and shall be divided into shares of fifty dollars for each share; and the subscribers to said capital stock shall pay the sum or sums of money for the shares by them held respectively, or by them subscribed, at such period and in such instalments as the directors of said company may order or determine.

SECTION 4. As soon as one hundred shares of the said capital Duty of commisstock shall be subscribed, it shall be the duty of the commission- sioners. ers to give such notice as they may deem reasonable, of a meet

ing of the stockholders, who shall, on meeting, proceed to organ- Organization. ize the said company, and shall choose by ballot or otherwise, in person or by proxy, one president, five directors, three of whom shall be a quorum, one treasurer and secretary, and such other officers as they shall deem necessary to conduct the business of said company, until other officers shall be appointed; and the said president and directors shall make such by-laws and regu- By-laws. lations for the government of said company as they shall think necessary and proper, consistent with the constitution and laws of this commonwealth, for the well ordering of the affairs of said company; and the stockholders shall meet on the last Satur- Meeting of stockday in December hereafter, in each and every year, at such place as shall be fixed upon by the president and directors, for the purpose of electing officers for the ensuing year, and each stockholder shall be entitled to one vote for each share held by him Votes. or her, at the time of such election, if the number shall not exceed five, and one vote for every three shares above five and not exceeding eleven, and one vote for every five shares above eleven, until the number of votes amount to fifteen; and that no person shall be entitled to more votes than fifteen.

holders.

SECTION 5. The president and directors or commissioners shall Certificates of issue certificates of stock to the several stockholders, signed by stock. the president and countersigned by the treasurer of the company, which certificates shall be transferable at the pleasure of the Transfers. holder in person or by attorney, subject to the payment of any balance that may be due thereon; and the assignee holding such certificate, having caused the assignment to be entered in a book of the company, to be kept by the treasurer for that purpose, shall be entitled to his or her just proportion of the capital stock, and of all the estate and emoluments of the company, in proportion to the number of shares by them held, and to vote at the meetings thereof as aforesaid; and the president and directors Duties and powshall meet at such times and places as shall be agreed upon, for ers of directors. the transaction of the business of the company; at such meetings three members shall form a quorum for the transaction of

May enter on lands.

Damages.

Accounts.

Tolls.

Proviso.

Proviso.

all business; they shall keep the minutes of all the transactions entered in a book to be by them provided for that purpose, and shall have authority to agree with and appoint engineers, artists, superintendents and agents, as they shall think necessary to construct a bridge across the river Allegheny, at or near the village of Tidioute, in the county of Warren, and to complete the same, and fix the salaries and determine the time the stockholders shall pay their instalments due on their respective shares ; in default of such payment, full power is hereby granted to said corporation to sue for and recover the same in any court of this state having jurisdiction thereof, or may declare such stock and all payments thereon forfeited to and for the use of said corporation, at their discretion, and may draw orders on the treasurer for money, the same to be signed by the president and attested by the secretary, and to do and transact all things by this act and the by-laws and regulations of the company that may be lawful.

SECTION 6. It shall be lawful for the president and directors, their superintendents, engineers and workmen, to enter on lands and enclosures near the place where the bridge is to be built, and to cut and carry off any timber, or dig gravel, quarry stone or gather sand, necessary for building said bridge and fixtures; also to enter thereon with wagons, carts, sleds, sleighs or beasts of burden or draft, and to take and carry off any material necessary in the construction of said bridge, doing as little damage as possible, and making amends for any damage that may be done; which damage, if the parties cannot agree, shall be submitted to the decision of three disinterested freeholders, chosen by the parties; and if the parties cannot agree upon the men, or if either party, on due notice, shall neglect or refuse to join in the choice, the said freeholders shall, on application, be appointed by any justice of the peace within the county, not interested, who, after being sworn or affirmed, shall assess or appraise damages, and make report thereof to the justice of the peace who appointed them; and the said directors, or other persons by them employed, after the payment of the appraised value to the owner, or give adequate security therefor, may enter, chop, dig, quarry and carry off any material necessary in the building or repairing said bridge.

SECTION 7. The president and directors of said company shall keep just and fair accounts of all the moneys received by them, in any way, under the provisions of this act, and also all moneys by them expended, and all voluntary contributions to said company, and shall, at least once a year, or whenever called on, submit their accounts to the inspection of any or all the stockholders.

SECTION 8. When a good and complete bridge is erected over the said river Allegheny, at the place aforesaid, the company, their successors or assigns, may demand and receive toll from travelers and others crossing the same, at such rates as the president and directors shall, from time to time, determine: Provided, They shall cause to be put up and kept up, in some conspicuous place at the gates of said bridge, a list of the rates of toll: And provided, That the bridge shall be so constructed

as not to injure or obstruct the navigation of said river Allegheny.

SECTION 9. That if any person shall wilfully cut, destroy or Penalties for break, or remove from said bridge, or any part thereof, any piece damages to bridge. of timber, plank, stone, chain, bolt or any material whatsoever belonging to said bridge, or otherwise wilfully or maliciously damage the same, he, she or they so offending shall forfeit and pay, for every such offence, over and above the damages done to said bridge, the sum of twenty dollars, to be recovered, with costs, in any court having jurisdiction thereof, and be imprisoned in the county jail not less than three nor more than twelve months, at the discretion of the court.

collector and

SECTION 10. That it shall be lawful for the president and di- Oaths to be adrectors aforesaid, to cause the toll collector or collectors, or ministered to watchman or watchmen of said bridge, to take and subscribe watchman. on oath or affirmation, before a competent officer of said county, to administer the same, that he or they will faithfully conduct themselves in their respective stations, and honestly account to the treasurer of the company all the money collected by him or them, and diligently attend to the discharge of his or their duty, by watching with vigilance over the interest of the company and safety of the bridge, and generally to execute with care and fidelity whatever lawful engagement he or they may enter into with the president and directors of said company's bridge.

SECTION 11. That the president and managers or directors, Dividends. shall keep a just and true account of all moneys received as toll for crossing said bridge, or otherwise, and shall make and declare a dividend of the profits and income, after deducting costs, charges and expenses, and shall, on the first Monday of May and November of every year, publish the dividend, to be of the clear profits thereof, amongst the stockholders, 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 Proviso. lawful for the said president and directors, in making and declaring any dividends, to reserve such sum or proportion of the clear semi-annual income, not exceeding one per cent. on the capital stock, as they may think proper, to form a contingent fund for the purpose of repairing and re-building said bridge, in case of decay or injury, and the same to invest in such security or in such stock as they shall deem safe and productive, and the interest arising therefrom again to invest, and the same stock to sell or transfer at any time when the funds may be required, or disposed of to the advantage of said company.

SECTION 12. That in case any person or persons having crossed Penalty for resaid bridge, wilfully neglect or refuse to pay such tolls, such fusing to pay toll person or persons shall thereby forfeit treble the amount of such tolls to said company, who shall be entitled to summary process to enforce the same of any property he or they may have in possession; any agent or officer of said company may demand such process of any justice of the peace having jurisdiction of such amount, and such justice of the peace shall issue the same to any sheriff, under-sheriff or deputy, or to any constable, commanding them forthwith to arrest such person or persons, and

collect the same, together with such costs as may be reasonable.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

Directors to

No. 316.

A FURTHER SUPPLEMENT

To an act authorizing the citizens of the borough of Mercer to erect a
Union School House in said borough, approved the thirteenth day of
May, Anno Domini one thousand eight hundred and fifty-six.

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 it shall be the duty of the board of directors of the Mercer maintain school school district to maintain and support, at least six months in each year, a school, for the education of all the youth in said district from five to twenty-one years of age, in the branches of a complete English education, and in such classical branches as the board of directors, in their discretion, may direct.

for six months.

Repeal

SECTION 2. That so much of the act to which this is a further supplement, as is hereby supplied, and altered, be and the same is hereby repealed.

ELISHA W. DAVIS, Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The seventeenth day of April, Anno Domini one

thousand eight hundred and sixty-one.

A. G. CURTIN.

1

No. 317.

AN ACT

Re-annexing part of Brady township, in Lycoming county, to Union county.

WHEREAS, The township of Washington, embracing the ter- Preamble. ritory composing the township of Brady, in the county of Lycoming, was formerly part of the county of Union, but owing to the seat of justice in the latter county having been located in the town of New Berlin, some twenty miles distant from said township, the inhabitants thereof procured the passage of an act of the legislature, which was approved on the eleventh day of March, Anno Domini one thousand eight hundred and fifteen, annexing said township of Washington (then composing the territory embracing the township of Brady) to the county of Lycoming:

And whereas, By an act of assembly, approved the second day of March, Anno Domini one thousand eight hundred and fifty-five, the seat of justice was removed from New Berlin to the borough of Lewisburg, a distance of only about ten miles from said township of Brady, by a level road, and a very large majority of the inhabitants of that part of said township of Brady, within the boundaries hereinafter described, deeming it more convenient, desire to be re-annexed to the county of Union; therefore,

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

re-annexed to

all that part of Brady township, in Lycoming county, (being Boundaries of the south-eastern part of said township,) commencing at the that part of corner of intersection of Union, Northumberland and Lycoming Brady township counties, at the West Branch of the Susquehanna river; thence Union county. up said river on the line between Lycoming and Northumberland counties, to a point five rods north of Michael Fisher's dwelling house, on the bank of said river; thence a westerly course to intersect the western line of said township of Brady, at or near Jackson Forseman's tenant house, now occupied by Franklin Woodley; thence a southern course on the line of Brady township and Washington township, to intersect the Union county line; and thence along the Union county line to the place of beginning, be and is hereby re-annexed to the county of Union.

missioners.

SECTION 2. That Abraham Straub and Joseph M. Nesbit, of Duties of comNorthumberland county, are hereby appointed commissioners, who shall, before the first day of July next, properly ascertain and mark the division line between the counties of Union and Lycoming, as changed by annexing said territory to the county of Union; and also to make out two drafts of said division line, one copy of which they shall deposit in the recorder's office in Lycoming county, and the other in the recorder's office of Union county; and the said commissioners shall respectively receive

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