Proviso. Exempts from paym't of toll. Penalty on crossing bridge rapidly. of personal accommodation or pleasure having four wheels, for each horse drawing the same, twelve and a half cents; for every chair or other two wheeled carriage of pleasure, for each horse drawing the same, twelve and a half cents; for every sleigh or sled, drawn by four horses, twenty five cents; for every sleigh or sled, drawn by three horses twenty cents; for every sleigh or sled, drawn by two horses, eighteen cents and three fourths; for every sleigh or sled, drawn by one horse, twelve and a half cents; for every horse mare or gelding with a rider, six and a fourth cents; for every horse, mare or gelding without a rider four cents; for every carriage drawn by oxen, or partly by oxen and partly by horses, to be rated in the proportion of two oxen for one horse and in all cases, a mule shall be rated the same as a horse, for every score of sheep or swine, twelve and an half cents; for every head of horned or muley cattle, two cents; and in no case shall it be lawful, for the owner or driver of any horse or cattle, to lead or drive, more than twelve head on the said bridge, at the same time: Provided, That any person or persons attending funerals, any military company or detachment of this state, or of the United States, persons attending divine worship on the Sabbath day, all persons going to, or returning from any election (or) military training, and students or children attending school, or other seminary of learning, shall at all times be xempt from the payment of any toll. SECT. 66. And be it further enacted by the authority aforesaid, That if any person or persons, shall wilfully ride, drive or lead any horse or other creature, faster than a walk when crossing said bridge, he, she or they so offending, shall for every such offence, forfeit and pay the sum of five dollars, to be recovered for the use of said company, as fines of the same amount are by law recoverable. SECT. 67. And be it further enacted by the authority aforesaid, That if any gate keeper for said company, their sucPenalty on extortion of cessors or assigns shall demand, and collect any greater rates gate keepers. or prices, for passing over said bridge than what is herein Proviso. Time of bringing action. before authorized, he, she or they so offending, shall for every such offence, forfeit and pay the sum of teu dollars, to be recovered for the use of the person aggrieved, as fines of the same amount are by law recoverable: Provided, That such suit or action be brought within twenty days after the offence shall have been committed. SECT. 68. And be it further enacted by the authority afore said, That the said president, managers and company, shall Semi annual make and declare a dividend of, the profits and increase of said bridge, among all the stockholders, deducting first therefrom all contingent costs and charges, and such propor declaration of dividends. tions of the said income, as they may deem necessary for a growing fund, to provide against decay and for the rebuilding and repairing the said bridge, and shall on the first Monday in May and November, in every year, publish a dividend of the clear profits among the stockholders and of the time when and place where the same shall be paid and shall cause the same to be paid accordingly. SECT. 69. And be it further enacted by the authority aforesaid, That the said president and managers shall at the end Biennial of two years next, after the said bridge shall be completed, statement to lay before the General Assembly an abstract of their ac- Legislature. counts, showing the whole of the capital expended in the completion of the said bridge, and of the income and profits arising from the tolls received during that period, together with an account of all the incidental costs and charges, in order that the clear yearly income and profits thereof may be ascertained and known, and it shall be then be made appear from the average profits of the said two years, that the said clear income and profits thereof, will not bear a dividend of six per centum per annum of the whole capital stock of the said company so expended, then and in that case it shall and may be lawful for the said president, managers and company, to increase the toll herein allowed, so much as Tolls to be will raise the dividend to six per centum per annum; regulated to and at the end of every two years thereafter, they shall produce not render to the General Assembly, a like abstract of their less than six accounts for the preceding two years, and if at the end of than 10 per such period of two years, it shall from such abstract appear, cent. on capi that the clear profits and income of the said company, will tal. bear a dividend of more than ten per centum per annum, then the said tolls shall be so reduced as will reduce the said dividend to ten per centum per annum. nor more SECT. 70. And be it further enacted by the authority afore said, That if the company authorized by this act to be incorporated, shall at any time institute a bank or issue any the nature of Operations in note or notes in the nature of bank notes, or carry on any banking for business in the nature of banking, or if the president and bidden. managers, or any other person connected with the said company, shall use or invest any part of the capital stock of said company, in any incorporated bank, then or in either of these cases, all the powers and privileges granted by this act, shall cease and be determined. SECT. 71. And be it further enacted by the authority afore said, That if the said company shall not proceed to carry Time of com on the work in five years after the passing of this act, or shall mencement and complenot within five years thereafter complete the same according tion of work. to the true intent and meaning thereof, then and in either of those cases, all and singular, the rights, liberties and franchises hereby granted to the said company, shall revert to this commonwealth. Carbondale & road co. Commiss'rs. appointed to open books. Form of heading. SECT. 72. And be it further enacted by the authority afore. Tunkhan- said, That James Wright, Alfred Hine, Luman Ferry, Nanock turnpike thaniel Stark, George Capewell, Matthew Jackson, Thomas Meredith, E. M. Townsend, 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 Monday of July next, procure two or more books, and enter in each of them as follows, to wit. "We whose names are hereunto subscribed, do promise to pay unto the president, managers and company of the Carbondale and Tunkhannock turnpike road, the sum of twenty-five dollars for every share of the said stock, set opposite to our respective names, in such manner and proportions, and at such times and places as shall be determined by the president and managers of said company, in pursuance of an act of the General Assembly of this commonwealth, anthorizing the Governor to incorporate a company, for making an artificial road, from Carbondale in the village of Tunkhannnock on the river Susquehanna: Witness our hands the Shares $25 each. Who may subscribe. day of in the year of our Lord, one thousand eight hundred and ;" and shall thereupon give notice in at least one public newspaper of this Commonwealth, printed in the county of Luzerne, for one calendar month at least of the times and places when and where the said books shall be kept open to receive subscriptions for the stock of said company, at which respective times and places, some one of the said commissioners shall attend and shall permit and suffer all persons of lawful age, who shall offer to subscribe in the said books in their own names, or in the name or names of any other person or persons, who shall duly 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 three days, or until the said books so opened shall have Whole No. of one thousand shares therein subscribed, and if at the expirashares 1000. tion of the said three days, the books aforesaid shall not have the aforesaid number of shares therein subscribed, the said commissioners respectively may, from time to time, adjourn and transfer the said books from place to place, until the whole number of shares shall be subscribed, of which adjourn ments, the commissioners aforesaid shall give such public notice as the occasion may require, and when the whole number of shares subscribed in the said books shall amount to one thousand, the same shall be closed: Provided always, $1 to be paid That any person offering to subscribe in the said books, in down upon his own name or in the name or names of any other person each share at or persons, shall previously pay to the attending commissioner time of the sum of one dollar for each and every share by him or her subscription. so subscribed, out of which shall be defrayed the expenses Proviso. attending the taking such subscriptions and other incidental 3 charges, and the remainder shall be paid over to the treasurer persons of SECT. 73. And be it further enacted by the authority aforesaid, That when twenty persons or more, shall have sub Upon the scribed three hundred shares of the said stock, the said certificate of commissioners, or a majority of them, shall certify under the subscrip. their hands and seals, the names of the subscribers, and the tion by 20 number of shares subscribed by each, to the Governor, and 300 shares, thereupon it shall be lawful for the Governor by letters patent, charter may under his hand and the seal of the state, to create and erect issue. the subscribers (and if the said subscription be not full at the time, then also those who shall afterwards subscribe to the number aforesaid) into one body politic, in deed and in law, by the name, style and title of "The president, managers and company of the Carbondale and Tunkhannock turn- Corporate style. pike road," and by the said name the said subscribers shall have perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of taking and holding their said capital stock, and the increase and profits thereof, and of enlarging the same, from time to time, Privileges & by new subscriptions, in such manner and form as they shall liabilities. think proper, if such enlargement shall be found necessary to fulfil the intent of this act; and of purchasing, taking and holding to them and their successors and assigns, and of selling and conveying, in fee simple or for any less estate, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary to them in the prosecution of their works; and of suing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do: Provided al- Proviso. ways, That if the company hereby authorized to be incor- Banking porated, shall at any time issue any note or notes in the privileges nature of bank notes, or carry on any business in the nature forbidden. of banking, then, or in either of these cases, all and singular the rights, privileges and franchises hereby granted to the said company, shall cease and revert to this Commonwealth. SECT. 74. And be it further enacted by the authority afore said, That the commissioners aforesaid, or a majority of them, as soon as conveniently may be after the said missioners to letters patent shall be sealed and obtained, shall give superintend notice in at least one public newspaper printed in the provisional county of Luzerne, of a time and place by them to be election. appointed not less than twenty days from the publication of the first notice, at which time and place, the subscribers shall proceed to organize the said corporation, and shall choose by ballot, to be delivered in person or by proxy duly authorized, one president and six managers, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company, for one year, and un Stock com Authority to til such other officers shall be chosen, and shall and may officers elect. make such by-laws, rules, orders and regulations not inconsistent with the constitution and laws of this commonwealth, as shall be necessary for the well ordering of the affairs of said company, and to procure for said company a common seal, the same to break, alter and renew at pleaProviso. sure, as the said company shall think proper: Provided, That Ratio of votes at all elections and in all other cases in which the stockholders to shares, &c. shall be called upon to vote, the said subscribers may vote by ballot, to be delivered in person or by proxy duly authorized, and the number of votes to which each stockholder shall be entitled, shall be according to the number of shares he or she may hold, in the proportions following for each share, not exceeding ten shares, one vote, and for every five shares above ten, one vote. Right of entry upon lands to locate, and for materials. Route of location. Company to SECT. 75. And be it further enacted by the authority aforesaid, That it shall be lawful to and for the said president and managers, their superintendents, surveyors, artists and chain bearers, to enter in and upon all and every the lands, tenements and enclosures, in, through and over which the said turnpike road may be thought proper to pass, and examine the ground most proper for the purpose, as well as the materials in the vicinity, that may be necessary in constructing the said road, and to survey, lay down, ascertain and mark such route or trail, as follows, viz: beginning at the village of Tunkhannock, in the county of Luzerne, and extending up the creek of that name to the south branch thereof; thence up said branch so far as may be useful or proper, to some point in the vicinity of Francis Carey's tavern, on the Clifford and Wilkesbarre turnpike, and thence have the pri- through the nearest and best gap in the Lackawanna mounvileges, and tain, to the village of Carbondale, and the said company be subject to shall have like powers, authorities and privileges, necessary for carrying on and completing the said turnpike road, and be subject to all the duties, qualifications, restrictions, pe.. nalties, fines and forfeitures, and be entitled to the same tolls and profits, as are given and granted to the president, managers and company, of the Coshecton and Great Bend turnpike road, in an act passed the twenty-ninth day of March, one thousand eight hundred and four: Provided, That no toll be demanded or taken from any person passing or repassing from one part of his or her farm to another, or to and from any place of worship and funeral, or from the militia on days of training, or to and from any township, general or special election: And provided also, That if the said company shall not proceed to carry on the said work in five years after the passing of this act, or shall not_within fifteen years after the passing of this act complete the said to complete. road, according to the true intent and meaning of this act, then in either of those cases all and singular the rights, the liabilities granted and imposed to and on the Coshecton & Great Bend co. by act of 29th March, 1804. Proviso. pass toll free. 2d proviso. 5 years allowed to commence work and 15 |