Notice of the time & place for organizing the corporation to be given.

.chosen.

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, transferring and conveying in fee simple, or for any lesser estate, all such lands. tenements, hereditaments and estate, 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.

SECT. 3. And be it further enacted by the authority aforesaid, That the commissioners aforesaid, as soon as conveniently may be. after the said letters patent shall be sealed and obtained, shall give public notice in two of the public papers printed in the city of Pittsburg, of a time and place, by them to be appointed, not less than twenty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize the said corporation, and shall choose by a majority of Officers to be votes of the said subscribers. by ballot, to be delivered in person, or by proxy, duly authorised, one president, six managers and one treasurer, to conduct the business of the said company for one year, and until such other officers be chosen. And the stockholders of the said corporation may 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 the affairs of the said company: Provided always, That no person shall have more than five votes at any election, or in determining any question arising at such meeting, whatever number of shares he may be entitled to, and that each person shall be entitled to one vote for every share by him held under that number.

May make by-laws.

Proviso.

May enter

in and upon lands and en closures, &c.

Shall have

like powers,

&c. as the Harrisburg & Pittsburg turnpike

company.

SECT. 4. And be it further enacted by the authority aforesaid, That it shall be lawful to and for the said president and managers, their superintendants, surveyors, artists and chain bearers, to enter in and upon all and every, the lands, tenements and inclosures, in, through and over which the said intended turnpike road may be thought proper to pass, and examine the ground most proper for the purpose, as well as the materials in the vieinity that may be necessary in making and constructing the said turnpike road; and to survey, lay down, ascertain, mark and fix such route or tract for the said road, as in the best of their skill and judgment, will combine shortness of distance, with the most practicable ground; and generally, they shall have like powers, authorities and privileges, necessary for carrying on and completing the said turnpike road; for the collection of stock, penalties, fines and forfeitures, 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 of the Harrisburg and Pittsburg turnpike road company, by an act passed the twenty-fourth day of February, one thousand eight hundred and six: Provided, That no toll shall be demanded or taken

from any person passing or re-passing from one part of his farm to another; or to or from any place of public worship, funeral, militia training, general or special election, or from any student or child going to, or from any school or seminary of learning: But nothing herein contained shall be so taken or construed as to exempt wagons employed in the carriage of coal from pay ment of tolls as aforesaid.

SECT. 5. And be it further enacted by the authority afore

When com

pleted, go

vernor to ap

said, That as soon as the company shall have been organised as Route of the aforesaid, they shall proceed to lay out and make said road from road. the south end of the Monongahela bridge, to the top of the Coal Hill, so as to intersect the road from Birmingham towards Brownsville; and shall cause the same to be made at least fifty How to be feet in width, and at least twenty-two feet thereof shall be made made. an artificial road, constructed of stone, slate or gravel, and shall be well and sufficiently ditched, so as to carry off the water, and to keep the road in its foundation firm and dry, and so near. ly level in its progress, that it shall in no place rise or fall more than will form an angle of five degrees with a horizontal line; and as soon as the said piece of road shall have been completed as aforesaid, the president and managers shall give notice thereof to the governor, who shall thereupon nominate and appoint three point viewskilful, disinterested and judicious persons, to view and examine ers. the same, who shall be under oath or affirmation, and report to who are to him whether the road is made and executed in a competent and be under workmanlike manner, and according to the true intent and oath, meaning of this act; and if their report shall be in the affirmative, then the governor shall, by license under his hand, and the When license seal of the commonwealth, permit and suffer the president and to take toll managers to erect, and fix a gate upon and across the said road; to collect the tolls which the company shall be entitled to demand and receive: Provided, That if said company shall not pro- Proviso. ceed to carry on said work within two years after the passage of this act, or shall not within four years thereafter complete the same, then, or in either of these cases, all and singular, the rights, liberties, privileges and franchises hereby granted, shall revert to the commonwealth.

JOSEPH LAWRENCE, Speaker

of the House of Representatives.

WILLIAM MARKS, Junr.

Speaker of the Senate.

APPROVED-February the nineteenth, one thousand eight hun

may issue.

dred and twenty-three.

JOSEPH HIESTER.

CHAPTER XXXIII.

AN ACT

For the relief of Peter Betz, James M'Cune and George Rogers, revolu tionary soldiers.

SECT. 1. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General AsGratuity and sembly met. and it is hereby enacted by the authority of the same, annuity granThat the State Treasurer be, and he is hereby authorised and ted to Peter required to pay to Peter Betz. or order, of Dauphin county, a Betz. revolutionary soldier, forty dollars immediately, and an annuity of forty dollars, payable half yearly during life, to commence the first day of January, one thousand eight hundred and twentythree.

Ditto, to James M'Cune

Ditte, to

gers.

SECT. 2. And be it further enacted by the authority aforesaid, That the State Treasurer be, and he is hereby authorised and required to pay to James M'Cune, or order, of Northumberland county, a revolutionary soldier, forty dollars immediately, and an annuity of forty dollars, payable half yearly during life, to commence the first day of January, one thousand eight hundred and twenty-three.

1

SECT. S. And be it further enacted by the authority aforeGeorge Ro. said, That the State Treasurer be, and he is hereby authorised and required to pay to George Rogers, or order, of Lancaster county, a revolutionary soldier, forty dollars immediately, and an annuity of forty dollars, payable half yearly during life, to commence the first day of January, one thousand eight hundred and twenty-three.

JOSEPH LAWRENCE, Speaker

of the House of Representatives.

WILLIAM MARKS, Junr.

Speaker of the Senate.

APPROVED-February the nineteenth, one thousand eight hun

dred and twenty-three.

JOSEPH HIESTER.

CHAPTER XXXIV.

A Supplement

To an act entitled, "An act to incorporate a company for making a turn pike road from Butler to the Allegheny river, opposite Kittanning."

issue.

SECT. 1. BE it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That when three hundred shares of the stock of "The Butler and Kittanning turnpike road company," shall have been subscribed When letters by twenty or more persons, agreeably to the act to which this is patent may a supplement, passed the second of April, one thousand eight hundred and twenty-two, it shall and may be lawful for the governor, by letters patent under his hand and seal of the state, to create and erect the subscribers; and if the subscription be not full at the time, then those that shall afterwards subscribe, to the number of eight hundred shares, into one body politic and corporate, in deed and in law, by the name and style of " "The president and managers of the Butler and Kittanning turnpike road Style of the company," according to the provisions of the act to which this is a supplement: Provided nevertheless, That in no case whatever, shall the neglect or refusal of any person or persons subscribing to the stock of said company, in his own or any other name, to pay to the attending commissioner or commissioners, the sum of two dollars for every share subscribed, agreeably to the proviso of the first section of the act to which this is a supplement, be construed to exonerate the person or persons subscribing, in manner aforesaid, from payment of the amount due on the share or shares which he or they respectively may have subscribed. SECT. 2. And be it further enacted by the authority aforesaid, That so much of the act as is hereby altered and supplied, be, and the same is hereby repealed.

JOSEPH LAWRENCE, Speaker

of the House of Representatives:

WILLIAM MARKS, Junr.

Speaker of the Senate.

APPROVED February the nineteenth, one thousand eight hun

company.

Proviso.

Repeal of

part of origi, nal act.

dred and twenty-three.

JOSEPH HIESTER.

Preamble.

$100,000 loaned from the Philadelphia bank to be paid.

the bank of

CHAPTER XXXV.

AN ACT

Directing the payment of certain debts therein specified.

WHEREAS the sum of one hundred and fifty thousand dollars was borrowed by the governor, under the provisions of the act of the twenty-third of March, one thousand eight hundred and eighteen, to wit: fifty thousand dollars on the tenth of April, one thousand eight hundred and eighteen, fifty thousand dollars on the twenty-seventh of November, and fifty thousand dollars on the twenty-first of December, of the same year; which said loans, by the terms of the act authorising the same, were to be re-imbursed within four years from the time they were respectively negociated, and the faith of the commonwealth was pledged by the act, for the redemption of the said loans within four years from the time they were respectively made.

AND WHEREAS, the Governor did not within the period limited by said act, direct the State Treasurer to reimburse the same, as has heretofore been the practice under similar laws,

Therefore,

SECT. 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 Governor be, and he is hereby directed to draw his warrant or warrants on the State Treasurer, in favor of the Philadelphia bank, for the sum of fifty thousand dollars, which became due to that bank on the tenth of April last; and for the further sum of fifty thousand dollars, which became due on the twenty seventh of November last, with interest since the times those debts respectively became due, until the date of such warrant or warrants.

SECT. 2. And be it further enacted by the authority aforesaid, $50,000 from That the Governor be, and he is hereby directed, to draw his warrant on the State Treasurer, in favor of the bank of PennPennsylvania sylvania, for the sum of fifty thousand dollars, now due that to be paid. bank, with interest from the time it became so, until the date of such warrant.

JOSEPH LAWRENCE, Speaker

of the House of Representatives.

WILLIAM MARKS, Junr.

Speaker of the Senate.

I do certify, that the bill entitled "An act directing the payment of certain debts therein specified," which has been returned by the Governor, with his objections, to the house of representatives in which it originated, was re-considered and agreed