made and acquired after deducting all losses and expenses, and if the directors shall declare and pay any dividend by which the capital stock of the said company shall be impaired, they shall be jointly and severally liable for so much of the said capital stock as may be thus impaired and divided, which shall be recoverable by any party aggrieved or injured, in an action recoverable for debt as in other cases. SECTION 5. That nothing contained herein shall be construed to Exceptions. authorize the said company to carry or transport freight or passengers to and from Philadelphia, to any point or place on the Delaware river or bay northward of the breakwater. W. P. SCHELL, APPROVED the eighth day of February, A. D, one thousand eight hundred and fifty-three. WM. BIGLER. bai ar No. 49. A SUPPLEMENT To an act entitled "An Act to incorporate the Huntingdon and Broad Top SECTION 1. Be it enacted by the Senate and House of Represen- transact business. SECTION 2. That all subscriptions to the capital stock of said com- Subscriptions to pany shall be deemed and taken to be valid and effectual, notwith- capital stock. standing five dollars was not paid on each and every share at the time the same was subscribed, and notwithstanding that or any other informality in the manner of subscription to the capital stock or organization of the said company; and any subscriptions to the capital stock of the said company hereafter subscribed, shall be deemed and taken as good and valid: Provided, The five dollars on each and every share shall be paid within ninety days after the time such subscriptions are made. SECTION 3. That the said company are hereby authorized to hold by Anthority to purchase or lease any amount of land, or receive lands in payment for hold lands. subscriptions to the stock of said corporation upon such terms as may be agreed upon between the company and the individuals offering said lands: Provided, That the whole amount of land purchased or leased Proviso. under this section shall not exceed one thousand acres in addition to the amount authorized to be held by the act to which this is a supple ment. Lateral roads. Increase of capital stock. Certain connec SECTION 4. That the Huntingdon and Broad Top Mountain railroad and coal company be, and they are hereby authorized to make lateral railroads from any point on the main route of the whole of said railroad, in any direction not exceeding seven miles in length each. SECTION 5. That to enable the said company to carry out the provisions of this act, and all the provisions of the act to which this is a supplement, the capital stock of the said company may be increased in such manner and at such times as the board of directors may determine, to an amount not exceeding three hundred thousand dollars, in addition to the previous capital of said company; and further, the said company shall have the privilege of issuing its bonds, bearing interest not exceeding seven per cent. per annum, and to mortgage the property of said company to secure the payment of the said additional three hundred thousand dollars: Provided, That no bond so issued shall be for a sum less than one hundred dollars. SECTION 6. That the said company shall have power to connect their tions authorized railroad with the Pennsylvania railroad, at or near the borough of Huntingdon, and shall have power to connect with the Pennsylvania canal, at or near the said borough of Huntingdon, and to dig, excavate, and construct such basins and boat-slips, to be supplied with water from said canal as may be necessary for the use of the said company in the loading of boats and the transhipment of coal and other freight: Provided, That the connection and construction of slips and basins hereby authorized, shall not, in any manner, interfere with or interrupt the business on the said canal, and that the plan or plans for which be submitted to and approved by the board of Canal Commissioners. 'W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, Speaker of the Senate. APPROVED-The eighth day of February, A. D., one thousand eight hundred and fifty-three. WM. BIGLER. Preamble. Capital stock. No. 50. AN ACT To incorporate the Point Pleasant Delaware bridge company. WHEREAS, It is represented to the Legislature by the petition of a number of the inhabitants of the county of Bucks, that the erection of a bridge over the Delaware river at Point Pleasant would be a great convenience and accommodation to the public; 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 the capital stock of the Point Pleasant Delaware bridge company shall amount to twenty thousand dollars with the privilege of increasing the same to twenty-three thousand dollars, and the same shall be divided into shares of fifty dollars each, and the subscribers to the said capital stock shall pay the sum or sums of money for the share or shares by them respectively subscribed at such periods and in such proportions as the president and directors of the said company may determine. SECTION 2. That Henry S. Stover, Joseph Cowell, Joseph Hough, Commissioners. Charles E. Dubois, John S. Brown, C. E. Wright, Henry Chapman, George H. Michener, S. L. Roberts, J. W. Cowell, S. J. Paxson, Ralph Stover, S. A. Smith C. Myers, B. Harwick, Josiah Rich, I. N. Soliday, C. H. Mann, A. Swartz, Elias Morris, George Hager, B. Hough, Samuel Banger, John L. Radcliffe, Joseph Carr, William Rich, and Tobias Weisel, be, and they are hereby appointed commissioners on the part of this State who, with commissioners to be appointed by the State of New Jersey, shall be authorized to receive subscriptions to the said capital stock at such times and places as they or a majority of them may direct, giving notice thereof in two newspapers printed in the county of Bucks in this State, and in two newspapers printed in the county of Hunterdon, in the State of New Jersey, for twenty days at least, of the time and places when and where the said subscription Subscriptions of shall be received, and at the time of subscribing for the said stock five stock. dollars shall be paid upon each share subscribed for to the commissioners or some of them, which money shall be paid over to the treasurer of the company as soon as one shall be appointed, and that the residue of the subscriptions shall be paid in such instalments and at such times and places and to such persons as the president and directors of the company shall from time to time direct, and give public notice of, and upon failure of payment thereof as so directed for thirty days thereafter the said president and directors shall have power to forfeit the shares of each and every person failing to pay the said instalments or any of them to and for the use of the said company: Provided, That Proviso. if the number of shares subscribed for shall exceed the amount or number of shares authorized by this act to be subscribed for, that then the said commissioners shall apportion the said stock among such stockholders in proportion to the amount or number of shares by them subscribed as aforesaid. SECTION 3. That when three hundred shares are subscribed for, the persons holding the same shall be, and they are hereby incorporated into a company by the name of the Point Pleasant Delaware bridge Style. company, and by that name shall have perpetual succession and all the privileges and franchises incident to a corporation, and shall be capable Privileges. of taking and holding their said capital stock and the increase and profits thereof, and of purchasing, taking, and holding to them and their successors and assigns, in fee simple or for any less estate, such lands as may be necessary in the erection of said bridge and suitable toll houses and of sueing and being sued. SECTION 4. That as soon as three hundred shares of the said capital Notice to be stock shall be subscribed as aforesaid, it shall be the duty of the said given. commissioners to give notice in two or more of the newspapers printed in the county of Bucks, in the State of Pennsylvania, and the county of Hunterdon, in the State of New Jersey, of a time and place by them to be appointed, not less than thirty days from the time of issuing the said notice, at which time and place the said stockholders shall proceed to organize the said company, and shall choose by ballot by a majority of votes to be delivered in person or by proxy, one president, six directors, one secretary, and one treasurer, and such other officers as they Provise. Meeting of stockholders. Certificates of stock. Meeting of Joctors. shall think necessary to conduct the business of the said company until the next annual election, and shall make such by-laws and regulations not inconsistent with the laws and Constitution of this State or of the United States, as shall be necessary for well ordering the affairs of the said company: Provided, That no person shall have more than twenty votes at an election, and that each person shall be entitled to one vote for every share by him held not exceeding ten, and one vote for every two shares above ten and not exceeding twenty, and one vote for every five shares above twenty, until the number of votes amounts to twenty. SECTION 5. That the said stockholders shall meet on the first Monday in January in every succeeding year, at such place as shall be fixed by the by-laws of said company, for the purpose of electing officers for the ensuing year. SECTION 6. That the president and directors first to be chosen as aforesaid, shall issue certificates of stock to the several stockholders respectively, signed by the president and countersigned by the treasurer of the said company, which certificates shall be transferable at his or her pleasure, in person or by attorney, subject, however, to the payments due, that may grow due thereon; and the assignee holding any certificate, having first caused the assignment and transfer to be entered in a book of the company to be kept by the treasurer for that purpose, shall, for every share of stock so held by him or her, be entitled to his or her equal proportion of the said capital stock, and of all the estates and emoluments of the company, to vote as aforesaid at the meetings thereof. SECTION 7. That the said president and directors shall meet at such president and di- times and places, and be convened in such manner as shall be agreed on for transacting their business; at such meetings five members shall be a quorum, who, in the absence of the president, may choose a chairman, and shall keep minutes of all their transactions fairly entered in a book by the secretary; and a quorum being met, they shall have full power and authority to agree with and appoint such engineers, superintendents, artists, and other officers, as they shall think necessary to carry on said bridge, and complete the same, and fix their salaries and other wages; to determine the time, manner, and proportions in which the stockholders shall pay the money due on their respective shares; to draw orders on the treasurer for all money that may be required, the same to be signed by the president and attested by the secretary of the board, and to do and transact all matters and things as by the by-laws or regulations of the said company shall be lawful. Purchase of lands. Damages. SECTION 8. That after the place for the erection of the said bridge shall be fixed, and before the said president and directors shall proceed to erect the same, it shall and may be lawful for the said president and directors to contract and agree with the owner or owners of any lands and tenements for the purchase of so much thereof as shall be necessary for the purpose of erecting and perfecting the said bridge, and making and establishing all the necessary works and roads to and from the same, if they can agree with the owner or owners of the same; but in case they cannot agree, then it shall and may be lawful for the president and directors to apply to one of the judges of the supreme court of this State, not being a stockholder or otherwise interested, who, upon such application is hereby authorized and directed to appoint three discreet and disinterested freeholders of this State, who, after being duly sworn or affirmed before any justice of the peace faithfully to perform the duties enjoined upon them by this act, shall proceed to view and examine said banks and all such lands and tenements as shall be necessary for the purpose of erecting and perfecting said bridge, and mak ing and establishing all necessary works and roads to and from the same, and shall, according to the best of their skill and judgment, ascertain and estimate the injury and damage that will be sustained by. the owner or owners of such lands and tenements so necessary to be taken as aforesaid, and shall report what sum shall be paid by the said company for the same, which report shall be made in writing under their hands and seals, or under the hands and seals of any two of them, and shall return the same, together with a map describing the metes and bounds of such lands and tenements to the supreme court next after they shall have agreed upon and signed the same, and the said report having been confirmed by the supreme court, shall be filed in the clerk's office of the said court with the map aforesaid, and the said president and directors having paid the said owners respectively the several sums awarded to be paid to them in and by the said report, together with the fees of the said arbitrators, at the rate of two dollars to each for every day employed in the said business, and their necessary expenses; the said company shall be entitled to have and to hold to them and their successors and assigns forever, the said lands and tenements as fully and effectually as if the same had been granted to them by the respective owners thereof; and it shall and may be lawful thereupon, and not before the said president and directors, to enter upon the said lands and tenements, and to commence and complete the erection of the said bridge. lands. SECTION 9. That it shall and may be lawful for the president and Authority to directors aforesaid, their superintendents, engineers and artists of every enter upon kind, to enter into and upon all lands and enclosures near to the place where the said bridge is to be built and examine the ground for the purpose of obtaining stone, gravel or sand for the building of the said bridge, and shall and may be lawful for the said president, directors, verseers, superintendents, or any other person, in building the said bridge, to enter with wagons, carts, sleds or sleighs, or beasts of burden, or draught of any kind whatsoever, first giving notice to the owners, doing as little as damage possible and repairing any breaches of fences they may have occasion to make, and first making amends for any damage that may be done, which damage shall be ascertained by the parties if they can agree, or if they cannot agree, then by the appraisement thereof, to be made upon oath or affirmation of three disinterested freeholders of the neighborhood, or any two of them to be mutually chosen, or if the owner or president and directors, superintendents, engineers or artists upon due notice shall neglect or refuse to join in the choice, then the said freeholders to be appointed by any justice of the peace of the county not interested on either side, and the said president and directors, or other persons by them employed as aforesaid, after tender of the appraised value to the owner, may enter and dig and carry away any stone, gravel, sand or earth most conveniently situated for making and repairing said bridge. SECTION 10 That the president and directors of the said company, Accounts to be shall keep fair and just accounts of all moneys received by them from kept. the said commissioners and from the stockholders, and of the profits on shares that may be forfeited as aforesaid, and of all voluntary contributions, and also of all moneys by them expended in the prosecution of the said work, and shall submit such account to each annual meeting of the stockholders. Property of SECTION 11. That when a good and complete bridge is erected over the said river Delaware, at the place aforesaid, the property of the said bridge vested in bridge shall be vested in the said company, their successors and assigns company. forever, and the said company, their successor and assigns, may demand |