the decay, the repairing, or the rebuilding of the said bridge, as time and accident may render necessary, and shall, on every first Monday of January, and every first Monday of July of every year, publish the dividend to be made of the. clear profits arising from the tolls, among the stockholders, and of the time and place when and where the same shall be paid, and shall cause the same to be paid accordingly, in ten days thereafter.

SECTION 14. If any person or persons shall wilfully pull down, break, or destroy, with intent to injure any part or Penalty for parts of the said bridge, or any toll house, gates, bars, or bridge, etc. injuring the other property of the said corporation, erected for the use of etc. said bridge, or the persons employed in conducting the business thereof, or shall wilfully deform or destroy the letters or figures in any list of the rates of tolls, affixed in any place for the information of passengers, or who shall wilfully and maliciously obstruct or impede the passage, on, or over the said bridge, or any part or parts thereof, he, she, or they, so offending, shall each of them forfeit and pay, for every such offence, to the said corporation, the sum of thirty dollars, to be sued for and recovered before any justice of the peace, or alderman, as debts of like amount are recoverable, and he, she, or they, so offending, shall remain liable to actions, at the suit of said corporation, for such wrongs, if the said. sum or sums herein mentioned be not sufficient to repair and satisfy said damages: Provided always, That no such suit Proviso. shall be brought, unless within thirty days after such of fence shall have been committed, and the judgment of the. said justice or alderman shall be liable to reversion, as provided for in similar cases by law.

SECTION 15. The said company shall not have power to Banking proissue any note or notes, in the nature of bank notes, or to hibited. make discounts, or receive deposites, after the manner of any bank or banks, and in case they should do so, contrary to the provisions of this section, then their chartered privileges shall be null and void.

Work to be

SECTION 16. If the president, managers and company for erecting the bridge aforesaid, over the Mononhahela river, commenced and constructing a road aforesaid, shall not proceed to in 3, and fincarry on the said work, within the space of three years from ished in 6yrs. the passing of this act, and shall not, within the space of six years from the passing thereof, complete the same, it shall be lawful for the legislature of this commonwealth, to resume all and singular, the rights and privileges hereby granted to the said company:

SECTION 17. The president, managers and company aforesaid, shall have power to survey, lay out, and complete a

Coal Hill

Turp'ke from turnpike, from the south end of Denman street, in the boDenman st. rough of Birmingham, to intersect the Monongahela and Coal to intersect Hill turnpike road, at its junction with the new township the Monon- road recently laid out, from Boggs', through the farms of gahela and the late Jacob Beltzhoover, deceased, and Joseph Allen, and turnpike. generally, have like powers, authorities and privileges nePrivileges & cessary for carrying on and completing the said turnpike restrictions. road, and be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, and be entitled to like tolls and profits, in proportion to the distance, as are given and granted to the president, and managers and company of the Pittsburg and Birmingham turnpike road, by an act passed the twenty-fourth day of February, one thousand Proviso. eight hundred and six: Provided, That no toll shall be demanded or taken from any person passing or repassing from one part of his farm to the other, or to or from any place of public worship, funeral, militia training, general election, or from any student or child going to or from any school or 2d Proviso. seminary of learning: And provided also, That if the company shall not proceed to carry on the work in three years after the passing of this act, or shall not within five years complete the said road, according to the true intent and meaning of this act, then, in either of these cases, all and singular, the rights, liberties and franchises hereby granted to the company by this section, shall revert to the commonwealth.

Persons at

SECTION 18. That no part of section seven of the act of tending di- February seventeenth, eighteen hundred and sixteen, incorvine service porating certain companies for building bridges over the Moexempted nongahela and Allegheny rivers, at Pittsburg, which relates from paying to the exemption of persons from toll, passing to and from

toll.

places of public worship, shall be so construed as to authorize the exemption from toll of any other persons than such as may be passing said bridges for the purpose of attending divine service at their regular and stated places of public worship.

LEWIS DEWART,

Speaker of the House of Representatives,
J. R. BURDEN,

Speaker of the Senate,

APPROVED-The third day of April, Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER.

No. 89.

An Act

To incorporate the Harrisburg and Sunbury Railroad company.

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 Simon Gratz, Jacob Ridgway, Matthew C. Ralston, George Handy, William H. Keating, John Moss, Jacob Culp, Britton Cooper, William H. Orr, John B. Trevor, Robert A. Parrish, James M. Macauley and James Campbell of Philadelphia, Henry Buehler, Henry Walters, Jacob M. Haldeman, John C. M'Allister, Benjamin Stees, Henry Shaeffer, Samuel Faunce, George Nagle, Benjamin CommissionPark, William Ayres, Richard Benjamin, John Shammo, ers. D. A, Muench, J. Seal, Benjamin Musser, D. N. Hetzell, John Paul, Jr. Benjamin Miller, Simon Cameron, Lenhard Alleman and Thomas Finney of the county of Dauphin, Henry Haldeman of Lancaster county, Doctor George Lineweaver of Lebanon, Alexander Jordan, C. G. Donnel, E. Greenough, Hugh Bellas, Edward Gobin, John C. Boyd, Doctor Backhouse, Peter Lazarus, George Brosious and James Hepburn of the county of Northumberland, Christian M. Straub, Henry W. Snyder, Dr. John Baskin, John Snyder, Jacob Hummel, John Cummins, Jr. and John C. Herald of Union county, or any ten of them, be, and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: they shall procure a To procure sufficient number of suitable books, in each of which they books. shall enter as follows: "We whose names are hereunto subscribed, do promise to pay to the president and managers of Shares $50 the Harrisburg and Sunbury Railroad company, the sum of each. fifty dollars for every share of stock set opposite to our re- Form of subspective names, in such manner and proportions, and at such scription. 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 Harrisburg and Sunbury Railroad company:' Witness our hands, this day of , in the year of our Lord one thousand eight hundred and thirtyand shall thereupon give notice, in two newspaper printed in Notice. each of the counties of Dauphin and Northumberland, and in two daily papers in the city of Philadelphia, three weeks at

Who may subscribe.

least, of the times and places when and where the said books shall be kept open to receive subscriptions for the stock of the said company, at which respective times and places, one or more of the commissioners shall attend, and permit all persons of lawful age who shall offer to subscribe in the said books, in their own name, or in the name of any other person who shall authorize the same, for any number of shares in the said stock, and the said books shall be kept open respectively for the purpose aforesaid, at least six hours in every juridical day, for the space of six days, or until there shall have been subscribed ten thousand shares; and if at the expiration of six days, the books aforesaid shall not have the number of shares aforesaid therein subscribed, the said commissioners may adjourn from time to time, and transfer the book 10,000 shares or books elsewhere, until the whole number of ten thousand whole No. shares shall be subscribed, of which adjournment and transfer, the commissioners aforesaid shall give such public notice as the occasion may require, and when the whole number of shares shall be subscribed, then the books shall be closed; but no subscription shall be valid, unless the person so subscribing shall pay to the said commissioners $5 to be paid at the time of making the same, the sum of five dollars on at the time of each share, for the use of the company.

subscribing.

SECTION 2. If more stock shall be subscribed in the time Subscriptions specified in the first section, to the capital stock of the said to be appor- company than may be considered sufficient to make the

tioned.

Letters ent.

pat.

said road, the said commissioners, or a majority of them, shall reduce the subscription to such number of shares as may be deemed sufficient to make the said road, by striking off from the largest number of shares, in succession, until the subscription shall be reduced to said number of shares, or each of the subscriptions to one share.

SECTION 3 When four thousand shares or more of the said stock shall be subscribed, and five dollars on each share paid to the commissioners, the said commissioners, or a majority of them, may certify the same under oath or affirmation, to the Governor, whereupon, the Governor shall, by letters patent, under his hand, and the seal of the commonwealth, create and erect the subscribers, and if the subscription be not full at the time, then also those who shall thereafter subscribe to the number of shares as aforesaid, into a body politic and corporate, in deed and in law, by the name, style and title of the "Harrisburg and Sunbury Style & title. Railroad company," and by the same name the subscribers shall have perpetual succession, with all the privileges, franchises and immunities incident to a corporation, and be able to sue and be sued, implead and be impleaded, in all

Privileges & liabilities

courts of record and elsewhere, and to purchase, receive, have, hold and enjoy, to them and their successors, lands, tenements, and hereditaments, goods, chattels, and all estate, real, personal or mixed, of what kind or quality soever, and the same from time to time to sell, mortgage, grant, alien, or dispose of, and to make dividends of such portions of the profits as they may deem proper, and also, to make and have a common seal, and the same to alter or renew at Seal. pleasure, and also, to ordain, establish and put in execution such by-laws, ordinances and regulations, as shall appear By-laws. necessary and convenient for the government of the said corporation, not being contrary to the constitution and laws of the United States or of this commonwealth, and generally to do all and singular, the matters and things which to them it shall lawfully appertain to do for the well being of the said corporation, and the due management and ordering the affairs of the same: Provided, That nothing herein contained shall Proviso. be considered as in any way giving to the said corporation any banking, manufacturing or trading privileges whatever, or any other liberties, privileges or franchises, but such as may be necessary or incident to the making and maintaining of the said railroad; and such cars, locomotives, fixtures and devices proper and convenient for facilitating traveling or transportation on the said railroad.

Organization

SECTION 4. The said named persons, or a majority of them, shall, as soon as conveniently may be after the said letters patent shall be obtained, give at least twenty days previous notice, in the newspapers herein before mentioned, of the time and place by them appointed for the subscribers to meet, in order to organize the said company, and to choose by a majority of votes of the said subscribers, by ballot, to be given in person or proxy, which proxy shall have been obtained and bear date within three months previously to the election at which proxy shall be presented, duly authorized, one president and ten managers, a majority of whom shall be residents of this commonwealth, a treasurer and secretaries, and such other officers as shall be deemed necessary; that the president and managers aforesaid, shall conduct the business of said company until the first Monday of January then next, and until like officers shall be chosen, and may make such by-laws, rules, orders and regulations, as are not inconsistent with the constitution and laws of the United States or of this state, and that may be necessary for the well governing the affairs of the company: Provided, That Proviso. no person but a stockholder shall be eligible to the office of president or manager.

SECTION 5. The stockholders shall meet on the first Mon