of the supervisors, if they believe the complaint well founded, to give notice thereof to the party or parties complained of, and request him or them to put his or their portion of road in good repair, within six days thereafter, and if he or they shall still neglect or refuse to repair the same, then it shall be the duty of two of the auditors of the township, upon notice given them by the said supervisors, to examine the same, and if they shall be of opinion that said section or sections of road is not in good repair, they shall direct the supervisors to have the same put in good repair, and the cost of said repairs shall be recoverable by said supervisors of said contractor or contractors, as other debts of equal amount are by law recoverable, with costs of suit. SECTION 5. The supervisors shall be allowed such com- Supervisors pensation for their services as the auditors of the township pay shall deem just and equitable. SECTION 6. So much of the act of assembly relative to roads and highways as is inconsistent herewith, is hereby repealed, Repeal so far as the same relates to the township of Hanover, in the county of Washington. WM. A. CRABB, Speaker of the House of Representatives, Speaker of the Senate. APPROVED The fifteenth day of April, one thousand eight hundred and forty-one. DAVID R. PORTER. [No. 90.] AN ACT Authorizing the Governor to Incorporate a Company to erect a Bridge over the Mahoning Creek, Armstrong county, 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 Jno. Gilpin, Chambers Orr, Samuel Hutchinson, Philip Michling, and William Templeton, of the Commissio'rs county of Armstrong, William Jack of Jefferson county, or a majority of them, be and they are hereby appointed commissioners, to do and perform the several duties hereinafter mentioned, that is to say: they shall on or before the first day of Form of sub scription Notice Shares I'roviso Name June next, provide a book or books for entering of subscriptions, and shall write therein as follows: "We whose names are hereunto subscribed, do promise to pay to the president and managers of the Mahoning bridge company, for erecting a bridge over the Mahoning creek, at or near the mouth thereof, in the county of Armstrong, the sum of ten dollars, for each and every share of stock in the said company, set opposite our respective names, in such manner and proportions, and at such times as shall be determined on by the president and managers, in pursuance of an act of the general assembly, entitled 'An act authorizing the Governor to incorporate a company to erect a bridge over the Mahoning creek, in the county of Armstrong.' Witness our hands, this of. day in the year of our Lord one thousand eight hundred and And shall thereupon give notice in two of the public newspapers printed in Armstrong county, at least one month, of the times and places where and when the said books shall be open to receive subscriptions, at which times and places some one or more of the said commissioners shall attend for that purpose, and keep open the said books during six hours in each of three successive days, or until fifty shares shall be subscribed; and if fifty shares shall not be subscribed within that period, then the said commissioners may adjourn from time to time, until the said number of shares shall be subscribed, of which adjournment public notice shall be given in some one or more of the newspapers before mentioned: Provided always, That every person, on entering his name in the said books as a subscriber, shall pay two dollars on each share he shall subscribe, as a fund, out of which shall be defrayed the expenses attending the taking of subscriptions and other incidental charges, and the remainder shall be paid over to the treasurer of the corporation, as soon as the same shall be organized; such first payment on each share, to be taken and considered as a part payment on each share subscribed. SECTION 2. As soon as fifty shares shall have been subscribed, the said commissioners, or a majority of them, as aforesaid named, may certify the same, together with a list of Letters patent the subscribers, and the shares subscribed by each, in writing, to the Governor, who thereupon shall constitute the said subscribers, and also all those who may in future subscribe under the provisions of this act, a body corporate or politic, by the name and style of the president and managers of the Mahoning mouth bridge company, for erecting a bridge over the Mahoning, at the mouth thereof, in the county of Armstrong, with all the privileges incident to a corporation, who shall have perpetual succession, and shall be capable of taking and holding the said capital stock and the increase and profits thereof, and of enlarging the same by new subscriptions, if such enlargement shall be necessary to fulfil the purposes of this act, in Privileges such manner and form as they may think proper, and of purchasing, taking and holding to them, and to their successors and assigns, in fee simple, or for any less estate, all such lands, tenements, or hereditaments, real and personal, as shall be necessary and convenient for them in the prosecution of their work, and the same to sell and dispose of at their pleasure; 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. Any ten of the persons named in the letters patent of incorporation, shall, as soon as conveniently may be after Organization sealing the same, give notice in one or more of the public newpapers printed at Kittanning, of a time and place to be appointed, not less than twenty days from the time of issuing said notice, at which time and place the said subscribers shall proceed to organize the corporation, and shall choose by a majority of votes of the said subscribers taken by ballot, to be delivered either in person or by proxy, duly authorized, one president, three managers, one person for secretary and treasurer, and such other officers as they may think necessary to conduct the business of the company during one year, and until other officers be chosen, and shall have power to make such by-laws, rules, orders and regulations not inconsistent with the constitution and laws of this State or of the United States, as may be necessary for the well ordering the affairs of Proviso the company: Provided always, That no stockholder shall have more than one vote for each share not exceeding five shares, and one vote for every two shares above five and not exceeding eleven, and one vote for every three shares above eleven and not exceeding twenty, and one vote for every five shares above twenty: Provided also, That no persons shall Proviso have more than twenty votes at any election, or in determining any question arising at such meetings, whatever number of shares he may have subscribed. Votes SECTION 4. A public meeting of the said stockholders shall Annual meetbe held on the first Monday of August next, following the first ing election had as aforesaid, and on the first Monday of June, in every succeeding year, at such place as shall be fixed by the rules and orders of the said company, for the purpose of choosing officers for the ensuing year, and the determination of any question affecting the interests of said company. stock SECTION 5. The president and managers shall procure prin- Certificates of ted certificates for all the shares of stock in the said company, which shall be signed by the president and countersigned by the treasurer, and sealed with the seal of the corporation; and each subscriber shall be entitled to one such certificate, for each share by him subscribed for, on paying to the treasurer in part of the sum due thereon, two dollars on each share; which certificates shall be transferable either by the owner in Transferable person, or by his attorney duly authorized, in the presence of Quorum Officers Salaries Penalty for the president, or of the treasurer for the time being, subject, however, to the payments due or that may grow due thereon & and the persons to whom such transfer shall be made, shall stand in the place of the former holder of the certificate, and be entitled to the same privileges in the company. SECTION 6. The president and managers shall meet at such times and places, and be convened in such manner as shall be agreed on for transacting the business of the company, at which meeting two members shall be a quorum, who, in the absence of the president, shall choose a chairman, and shall keep minutes of their proceedings, to be fairly entered in a book to be kept for that purpose; and a quorum being met, they shall have full power and authority to appoint such engineers, assistants and workmen as they shall deem necessary to the erection of said bridge; and they shall fix their salaries and wages; they shall also have power to make contracts, to ascertain the times, manner and proportions in which the stockholders shall pay the money due on their respective shares, to draw orders on the treasurer for the money necessary to pay salaries, wages and bills, for work and labor done and performed, or materials furnished; which orders shall be signed by the president, or in his absence, by a majority of a quorum, and countersigned by their clerk, and to do and transact all such other matters and things as by this act or by the by-laws of the company, shall be committed to him. SECTION 7. If any stockholder, after thirty days notice in a public newspaper, printed in Kittanning, of the time and places neglect to pay instalments appointed for the payment of any proportion, dividend, or instalment of the said capital stock still due on each share, shall neglect to pay the same for the space of thirty days after the day whereon the same shall be appointed to be paid, every such stockholder shall, in addition to the instalment so called for, pay at the rate of four per cent. per month, for every deJay of such payment; and if the same and the said additional penalties shall remain unpaid so long, that the accumulated penalties shall become equal to the sum already paid on such share, the same shall be forfeited to the company, and may be sold under the direction of the president and managers, or the majority of a quorum of them, at any of their meetings for transacting the business of the company, the order for that purpose being first entered in the minute book by the clerk, at such meeting. Land Works SECTION 8. Before the president and managers of the company aforesaid, shall proceed to build said bridge, it shall and may be lawful for them to contract with the owner or owners of any land, for the purchase of so much thereof as shall be necessary for the purpose of erecting and completing said bridge, and making all the necessary works and causeways to and from the same, if they can agree with the said owner or owners; but in case they cannot agree, then it shall and may lawful for the said president and managers to apply to the court of common pleas of Armstrong county, who, upon such Disagreement application, are hereby authorized and required, to appoint two with owners discreet and disinterested freeholders of this State, and also to how remedied call upon the owner or owners of said lands, whose duty it shall be to appoint one, who, after being duly sworn or affirmed, faithfully to perform the duties enjoined on them by this act, shall carefully proceed to view and examine the said lands, as shall be necessary for the purpose of erecting and completing the said bridge, and making all the necessary works and causeways to and from the same; and shall, according to the best of their skill and judgment, estimate the value of the lands so necessary to be taken as aforesaid, and having estimated the advantages as well as disadvantages which may be sustained by the owner or owners of such lands, shall make an appraisement thereof in writing, and the same shall return, together with a map describing the bounds of such land, to the said court of common pleas; and the said appraisement having been confirmed by the court, shall be filed in the prothonotary's office, together with the said map; and the said president, managers and company, having paid to the said owners respectively, the several sums awarded to be paid to them, together with the costs of appraisement, the said corporation shall be entitled to have and to hold, to them and their successors and assigns, the said lands, as fully as if they had been granted by their respective owners. SECTION 9. The president and managers of said company, Accounts shall keep fair and just accounts of all moneys received by them, from the subscribers to the capital stock of said compa ny, for all penalties for delay in payment thereof, and of the amount of the profits on shares which may be forfeited as aforesaid, of all voluntary contributions, and of all moneys expended by them in the prosecution of the said work; and shall once in every year, submit such accounts in detail, to a general meeting of the stockholders, until the said bridge be completed; and all expenses incurred in erecting the same, shall be fully paid and discharged, and the aggregate amount of all such expenses shall be liquidated and ascertained; and if such liquidation, or whenever the whole capital stock of the said company be nearly expended, it shall be found that the said capital stock will not be sufficient to complete said bridge, according to the true intent and meaning of this act, it shall be lawful for the said company, at a stated or special meeting, to be convened according to the provisions of this act, or their own by-laws, to increase the number of shares to such extent Increase of as shall be deemed sufficient to accomplish the work, and to shares demand and receive the moneys subscribed on such shares, in like manner and under like penalties, as are herein provided for the original subscription. |