Bonds to be given. Three per cent. to be paid to the state treasurer on excess of pre miums over an nual average receipts. Payment to be enforced by auditor general. Statement of premiums received to be made annually under oath. Proviso. at the time of receiving such other license, give bond, in the same amount, conditioned for the same purposes, and to be approved in the same manner, and with the like effect, in all respects, as is provided by the sixth section of the act of ninth April, eighteen hundred and fifty-six. SECTION 5. Whenever the amount received for premiums, at any agency within this commonwealth, by any company, association, firm or individual, which shall receive a license under the provisions of this act, shall, in any one year, exceed the average annual receipts for premiums, upon which the payment of three cents on the dollar is required at the time of the granting of such license, that then and in such case it shall be the duty of the said company, association, firm or individual, and their agent, at the time of rendering the annual statement required by the act of ninth April, eighteen hundred and fifty-six, to pay to the treasurer of the state, for the use of the commonwealth, the sum of three cents on the dollar on the amount of the excess of the premiums received at such agency, during any such year, over the said annual average receipts upon which a payment of three cents on the dollar was required at the time of the granting of such license; and in default of such payment being made, it shall be the duty of the auditor general of the commonwealth forthwith to enforce payment of the same, by a suit against the agent of said company upon the bond required by the act of eighteen hundred and fifty-six; and for the purpose of better enforcing the provisions of this section, the auditor general shall require from the agent of any such company, association, firm or individual, a statement, under the oath or affirmation of such agent, setting forth the amount received for premiums, at any agency established within this commonwealth, under the provisions of this act, for every year, or part of a year, ending on the thirty-first day of December, during the continuance of such license: Provided, That this act shall only apply to such companies as have an agency in the city of Philadelphia. ELISHA W. DAVIS, Speaker of the House of Representatives. JOHN P. PENNEY, Speaker of the Senate pro tem. APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. No. 565. AN ACT To authorize the Burgess and Town Council of the borough of Tioga to 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 from and after the passage of this act, the town council of the Tax for the supborough of Tioga, shall be authorized to levy and collect a tax port of the poor each year, when necessary, for the support and maintenance of the poor in said borough, not exceeding one cent on the dollar Limitation. of the last adjusted valuation and assessment for county pur poses. authorized. SECTION 2. That for the purpose of paying the expenses of Tax for expenses organizing said borough, and for building a lock-up, pound, cross of organizing bowalks and repaving streets, &c., the town council of said bor- rough, building lock-up, &c. ough of Tioga are authorized and empowered to levy and collect, in addition to the tax now authorized by section twentyfour of the act of April third, one thousand eight hundred and fifty-one, entitled "An Act regulating boroughs," a tax each year, for two successive years, not exceeding one cent upon the dollar of the last adjusted valuation for county purposes. APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. No. 566. AN ACT To incorporate the Pittsburg and Brownsville Turnpike Road 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 Samuel S. Boggs, William B. Lank, Robert Campbell, John A. Commissioners. Happer and Joseph M. Curry, of Washington county, Samuel M'Kee, J. Finley Curry, Edward Campbell, junior, Isaac M'Don Style. Route. ough, Thomas Kiddoo, Joseph Miller, Hiram Hultz and Isaac King, of Allegheny county, are hereby appointed commissioners to open books, receive subscriptions, and organize a company, by the name, style and title of the Pittsburg and Browns ville turnpike road company, with power to construct a turnpike road from Pittsburg, in the county of Allegheny, to a point on the Washington and Williamsport turnpike road, between Dunningsville and the Valley inn, now owned by John Patton, by the nearest and best route, as may be determined upon by the May use other stockholders, and to use, when necessary, any other public road roads and bridges or bridge on the route, subject to all the provisions and restrietions of an act regulating turnpike and plank road companies, approved on the twenty-sixth day of January, Anno Domini one thousand eight hundred and forty-nine, and the supplements thereto, so far as the same are not inconsistent with the provisions of this act. Capital. When to com plete road. SECTION 2. The capital stock of said company shall consist of six hundred shares, of twenty-five dollars each; and the said company may, from time to time, by a vote of a majority of the stockholders, at a meeting called for that purpose, increase the said capital stock, if it shall be deemed necessary to carry out the true intent and meaning of this act. SECTION 3. If the said company shall not commence the conmence and com- struction of said road within two years after the passage of this act, and shall not, within five years thereafter, complete ten miles thereof, measured southwardly from its most southerly junction with the planked portion of the Birmingham and Brownsville plank road, then this act shall be null and void, except so far as may be necessary to wind up and settle the affairs, and collect and pay the debts owing to or by the company. When tolls may be collected. Certificates of stock. Rate of interest and how paid. SECTION 4. The said company shall have power to erect and set up gates, and collect tolls from persons using said road, at the rates prescribed in the said act regulating turnpike and plank road companies, so soon as they shall have completed two miles of said road, measured southwardly from its most southerly junction with the planked portion of said Birmingham and Brownsville plank road, without the license and examination required by the twelfth section of aforesaid act. SECTION 5. The certificates of stock for the respective shares held and owned in said company, and issued to the stockholders, as required by the fifth section of the said act regulating turnpike and plank road companies, shall, if the subscriber, at the time of making the subscription, so direct, bear interest, at the rate of twelve per centum per annum, on the par value of the stock represented by said certificate respectively; said interest to be payable only in tolls on said road, which interest shall be in lieu of all dividends on all shares of the stock represented by such interest bearing certificates; and the directors shall, from time to time, issue and deliver to the parties entitled to receive the same, checks, or certificates, for the interest as aforesaid, already accrued, or which will accrue within one year after the time of such delivery, on any stock certificate bearing interest as aforesaid, in such form as said directors may deter mine, which interest checks, or certificates, shall, at all times within two years after the issue thereof, be received, at their par value, by said company, its toll-gatherers and agents, from any legal holder thereof, in payment of tolls on said road, at their par value. certificates to be SECTION 6. The said directors shall cause to be kept in a book Accounts of in or books procured for that purpose, full and accurate accounts terest checks or in detail, of all such interest checks or certificates issued, with kept. the names of the parties to whom and the number of the stock certificate on which the same may be issued; and also, of all such as may have been received for tolls, showing the balance outstanding, which accounts shall be submitted to the annual meetings of the stockholders, and a copy thereof shall be kept either at the office of the company or at one of their toll houses, and shall at all times be open to the inspection of any stockholder. SECTION 7. The directors of the said company shall have power, Directors may if authorized by the stockholders at a meeting called for that purchase or lease property and purpose, to purchase or lease for a term of years, the road bed, rights of other bridges, toll houses, or other property, right, privilege or fran- companies. chise of any other company, heretofore incorporated, for the purpose of constructing a plank or turnpike road, on or over any portion of the route designated in the first section of this act; and the directors or managers of any such other company, if authorized by a meeting of the stockholders thereof called for that purpose, shall have full power to enter into any contract Empowered to with the said Pittsburg and Brownsville turnpike road company, contract. in respect to any such sale or lease. ELISHA W. DAVIS, Speaker of the House of Representatives. ROBT. M. PALMER, Speaker of the Senate. APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one. make certain No. 567. A. G. CURTIN. A SUPPJ To the charter of incorporation of the WHEREAS, On the twenty-sixth day of November, Anno D mini one thousand eight hundred and fifty-six, a charter of incorporation, under the great seal of the state, was granted to the Wetherell zinc company, to be located at Bethlehem, Northampton county, Pennsylvania, the charter being granted to the said company, for the purpose of manufacturing metal zinc under a new patent process, by which the said company erected buildings and expended about twenty-five thousand dollars, and then commenced the manufacture of zinc, when it was immediately ascertained that the zinc could not be made to any profit under the patent, and the works were immediately abandoned, and the whole project and design was given up as a failure; therefore, 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 said corporation of the Wetherell zinc company shall be exonerated from the payment of the bonus and taxes now charged against the said company, and due the commonwealth of Pennsylvania. JOHN J. PATTERSON, Speaker of the House of Representatives pro tem. APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. No. 568. AN ACT Appointing Commissioners to lay out and open a State Road in the coun ties of M'Kean, Elk, Forest and Clarion. 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 Commissioners. Thomas L. Kane, of Elk county, David E. Cornelius, of M'Kean Route. Duty of commissioners. What proportion of road taxes to county, John D. Hunt, of Forest county, and Samuel B. Rynard, of Clarion county, are hereby appointed commissioners for the purpose of laying out, opening and making a state road, commencing upon a point by them to be fixed, upon the state road leading from Buena Vista to Mavin creek, in Hamlin township, M'Kean county, to the town of Tylersburg, in Clarion county. SECTION 2. That when said road shall have been surveyed and located, it shall be the duty of said commissioners to make a draft of the same, which shall be filed of record in the court of quarter sessions of each county through which said road passes; and when so filed, said draft and record shall be legal evidence in all things relating to the same; and said road from thence is hereby declared to be a public road, in the same manner as other roads laid out and opened for public use; and said road shall be opened fifty feet in width. be received by SECTION 3. That the said commissioners shall receive from commissioners the supervisors or road commissioners of the several townships from supervisors, through which said road passes, or from the commissioners of &c. |