Dividends. Route. Proviso. Proviso. lands. Proviso. Proceedings for the assessment and payment of damages. ties as the said company shall, by their rules, orders and regulations, require for the faithful discharge of the several duties and trusts to them respectively committed. SECTION 10. That dividends of so much of the profits of the company, as shall appear advisable to the managers, shall be declared at least twice a year in every year, and paid to the stockholders on de. mand, at any time after the expiration of ten days therefrom; but they shall in no case exceed the amount of the net profits actually acquired by the company, so that the capital stock shall never be impaired thereby; if the said managers shall make any dividend which shall impair the capital stock of said company, the managers consenting thereto shall be liable, in their individual capacities, to the creditors of the said company, for the amount of the stock so divided; and each manager present when such dividend shall be declared, shall be adjudged to be consenting thereto, unless he forthwith enter his protest on the minutes of the board, and give public notice to the stockholders of the declaring such dividend. SECTION 11. That the president and managers of the said plank road company shall have power to survey, lay down, ascertain, mark and fix such route as they shall deem expedient for a plank road, beginning at or near Ralston, in the county of Lycoming, and extending, by the most direct practicable route, to Blossburg, in the county of Tioga : Provided, That the said plank road shall not, except in deep cuts and fillings, or at points selected for depots, exceed fifty feet in width, and that it shall not pass through any burying ground or place of public worship, or any dwelling house, without the consent of the owner thereof: And provided further, That the track of said road shall be constructed of timber and plank, the surface thereof shall be smooth and even, and the carriage way shall be at least eighteen feet wide. SECTION 12. That the said president and managers shall have power May enter upon and authority, by themselves, or their superintendents, engineers, artists and workmen, to enter in and upon and occupy all land on which the said plank road, or its depots and warehouses may be located, or which may be necessary for the erection of weigh scales, or any other purpose necessary or useful in the construction and repairs of the said plank road, and therein to dig, embank, make and construct the same: Provided, The said company shall first make compensation to the owner or owners of ground and materials, and property so taken and occupied, as aforesaid, or give adequate security therefor; but if the parties cannot agree upon the compensation to be made to such owner or owners, it shall and may be lawful for the parties to appoint five suitable, judicious and disinterested persons, of the counties of Lycoming or Tioga, who shall be under oath or affirmation; and if they cannot agree upon such persons, then either of the parties after giving twenty days' notice to the other, may apply to the court of common pleas of the proper county; and the said court shall appoint five judicious and disinterested men from the said county, in order to ascertain and report to the said court what damages, if any, have been sustained by the owner or owners of the said ground, by reason of the construetion of the said plank road through the same; which said appraisers, being duly sworn or affirmed, and having viewed the premises, shall proceed to estimate the quantity and quality of the land occupied by the said plank road, and all other inconveniences which may be likely to result therefrom to the said land; and in view of these considerations, and a just regard to the advantages which may seem likely to result to the owner or owners of the said land, from the opening of the said plank road through the same, to make their assessment and report to the court, which report being confirmed by the said court, judgment Proviso. SECTION 13. That the president and managers, by and with their superintendents, engineers, artists, workmen and laborers, with their tools, May enter lands for materials, &c. instruments, carts, wagons and other carriages, and beasts of draught Lateral roads. and burden, may enter upon the land contiguous and near the said plank road, first giving notice to the owners or occupiers thereof, and from thence to take and carry away timber, stone or gravel, sand or earth, doing as little damage thereto as possible, and repairing any breaches they may make in the enclosure thereof, and making amends for any damages that may be done thereon; the amount whereof, if the parties do not agree, shall be assessed as hereinbefore mentioned in this act. SECTION 14. That the company shall not prevent any person or persons, being the owner or owners of land bordering on the said plank Lateral roads. road, or in the vicinity thereof, or adjacent thereto, from making such lateral plank roads and connecting them with the said plank road from their said lands, as the said person or persons may wish, for the purpose of transporting their coal, lumber or produce on said plank road: Provided, That all such connections of lateral roads are to be made at Proviso. the expense of the person so wishing to connect, and according to the direction and approval of the. engineer or managers of said plank road company, so as not to obstruct or endanger the free travel on the main road: And provided also, That any person or persons owning such Proviso. coal, lumber or produce, shall have the privilege of transporting the same on said plank road in their cars or other vehicles, subject to the rules and regulations of said company. SECTION 15. That the said plank road shall be so constructed as not to impede or obstruct the free use or passage of any public road or Construction. roads which may cross or enter the same; and in all cases where the said plank road may cross, or in any manner interfere with any existing public road, canal or slack-water navigation, the said company shall make, or cause to be made, as soon as conveniently may be, a good and sufficient causeway or causeways, to enable all persons passing or To erect causetraveling such public roads, canal or slack water navigations, to cross ways. or pass over said plank road; and if the company shall neglect or refuse to keep such causeways in good repair, they shall be liable to a penalty of ten dollars for every day the same shall be so neglected or refused to be repaired, to be recovered by the supervisors of the township, with cost, for the use of the township, as debts of like amount Causeways. Proviso Proviso. Suits. Service of pro cess. are by law recoverable; and shall, moreover, be liable to all actions at the suit of any person who may be aggrieved thereby. SECTION 16. That for the accommodation of all persons owning or possessing lands through which the said plank road may pass, it shall be the duty of the said company to make, or cause to be made, a good and sufficient causeway or causeways, wherever the same may be necessary, to enable the occupant or occupants of said lands to cross or pass over the same with wagons, carts and implements of husbandry, as occasion may require; and the said causeway or causeways, when made, shall be maintained and kept in good repair by said company; and if the said company shall neglect or refuse, on request to make such causeway or causeways, or when made to keep them in good order, the said company shall be liable to pay any person aggrieved thereby, all damages sustained by such person in consequence of such neglect or refusal, to be sued for and recovered before any magistrate or court having cognizance thereof: Provided, That the said company shall in no case be required to make, or cause to be made, more than one causeway through each plantation or lot of land, for the accommodation of any one person owning or possessing land through which the said plank road may pass; and where any public road may or shall cross said plank road, the person owning or possessing land through which said. public road shall pass, shall not be entitled to require the company to erect or keep in repair any causeway or bridge for accommodation of the occupant of said land: Provided further, That in the event of any private bridge or causeway being converted to public use, so as to be made to accommodate a public road laid out subsequent to the passage of this act, then and in such case the company shall be forever thereafter exonerated from the duty of keeping said bridge or causeway in good repair. SECTION 17. That no suit nor action shall be prosecuted by any person or persons, for any penalties incurred under this act, unless such suit or action shall be commenced within twelve months next after the offence committed, or the cause of action accrued; and the defendants in any 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 18. That in all suits or actions brought against the said company, the service of process on any manager, toll gatherer, or other officer of the company. shall be as good and available in law as if made on the president thereof. SECTION 19. Any person who shall willfully injure, break, or throw Penalty for injur- down any gate, which shall have been erected on said road, pursuant ing works. to the provisions of this act; or dig up, or willfully injure or spoil any part of such road, or any thing thereunto belonging; or shall drag along or across such road, any log, timber, wood or stone, so that the same shall come in contact with the even surface of said road; or forcibly or fraudulently pass any such gate without the payment of the legal toll, or shall with his team, carriage, sleigh, sled or other vehicle, or animal, tuin out of said road, and pass any gate thereon on ground adjacent thereto, and again enter on such road, he shall, for every such offence, forfeit to the corporation hereby created the sum of ten dollars, in addition to the damages resulting from his wrongful act, which penalties may be recovered by said corporation in an action of debt, in any court having cognizance thereof, and a separate suit for such damages may, in like manner, be prosecuted and maintained by such corpora tion. SECTION 20. That if any person or persons shall willfully or maliciously remove, or destroy any of the company's constructions or place, Ib. designedly and with evil intent, any obstruction on the line of the plank road, so as to jeopard or endanger the lives of persons traveling on the same, such person or persons, so offending, shall be deemed guilty of a misdemeanor, and shall be adjudged, on conviction, to be imprisoned in the Eastern penitentiary of Pennsylvania for a term not more than two years: Provided, That nothing herein contained shall prevent the Proviso. company from pursuing any other appropriate remedy at law, in such cases. SECTION 21. Whenever any five continuous miles of said road shall to erect a toll gate and receive be completed, it shall be lawful for said corporation to erect a toll gate On completion of thereon, and appoint a toll collector for the same, and to do the same as every five miles often as any additional continuous five miles of said road shall be completed; at each of such gates, when erected in pursuance of this act, tolls. the said corporation and toll collector thereof may demand and receive the following tolls, viz: for every carriage, sleigh, sled or other vehicle Tolls. of any description, drawn by one horse or other animal, fifteen cents; if drawn by two animals, twenty-five cents; for every additional anımal, five cents; for every horse and rider, five cents; for every horse without a rider, every mule or head of neat cattle not attached to a vehicle, and every half score of sheep or swine, two cents; the collector of toll at each of said gates may detain and prevent from passing such gates, any animal, team, carriage or other vehicle, subject to toll, until the toll thereon shall be paid. SECTION 22. That at each annual meeting of the stockholders, the president and managers of the preceding year shall exhibit to them, a Annual statemer complete statement of the affairs and proceedings of the company for of affairs. such year, and that special meetings of the stockholders may be called by order of the president and managers, or by the president, at the request of the stockholders holding one-fourth of the amount of the capital stock, of like notice as that required for annual meetings, specifying moreover the object of the meeting; but no business shall be transacted at such meetings, except that for which it shall have been called, nor unless a majority in value of the stockholders shall attend in person or by proxy. Commencement and completion SECTION 23. That if the president, and managers and company, shall not proceed to carry on the said work within three from the years passage of this act, and shall not complete the same within five years of road. as aforesaid, according to true intent and meaning of this act; or if after the completion of the said road, the said company shall suffer the same to go to decay, and be impassable for the term of two years, then this charter shall become null and void, except so far as compels the said company to make reparation for damages. SECTION 24. That if any increase of the capital stock shall be deemed necessary by the stockholders to improve or complete the said road, it Increase capital. may be lawful for the said president, and managers and company, at a stated or special meeting convened for the purpose, to increase the number of shares, so that the capital of the said company shall not exceed one hundred and fifty thousand dollars, and to receive and demand any moneys for shares so subscribed, in like manner, and under like penalties as are hereinbefore provided for the original subscription, or as shall be provided for by their by-laws. SECTION 25. That at the end of the third year after the charter shall be obtained, and at the end of every year thereafter, there shall be fur- Report to legisnished to the legislature an abstract of the account of the company, showing the amount of capital paid in, and the debts of the said com lature. Reservation. pany, the amounts received for toll and transportation and rates charged, and the amounts of dividends declared, which abstract shall be verified by the oath or affirmation of the president or treasurer of said company. SECTION 26. That if the said company 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 the said corporation, in such manner, however, as not to do injustice to the corpo rators. JAMES COOPER, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The sixth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. No. 364. AN ACT To incorporate the president and managers of the Phonixville, Kimberton and 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 Samuel Moses, Samuel Cornett, Robert S. Buck, Robert Jones, BenjaCommissioners. min Hartman. Alexander Kennedy, John Clevenstine, David West, tion. Norris Maris, Samuel Halman, Doctor George Lingen, John Thomas, Emmor Kimber, Joseph Pennypacker, James Penrose and George W. Dewees, be and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say they shall on or before the first Monday in June next, procure two books, Form of subscrip- and in each of them enter as follows:- We whose names are hereunto subscribed, do promise to pay to the president and managers of the Phoenixville, Kimberton and Yellow Springs turnpike road company, the sum of twenty dollars for every share of stock set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers of the said company, in pursuance of an act of the general assembly of this commonwealth, entitled An Act to incorporate the president and managers of the Phoenixville, Kimberton and Yellow Springs turnpike road company.' Witness our hands the day of in the year ;" and there Notice to open books. of our Lord one thousand eight hundred and forty |