Proviso. Process. Powers. Proviso. Toll. and who shall reside within the county where the land lies; and the expenses incurred by the said appraisers, shall be defrayed by the said company; but if the parties cannot agree upon such persons, or if the persons so chosen shall not decide upon the matter, or if the owner shall refuse or neglect to join in such appointment within twenty days after requisition made upon him for that purpose, or if such owner be feme covert, under age, non compos mentis, out of the state or unknown, then it shall be lawful for the court of common pleas of the county in which the land lies, on application of either party, and at the costs and charges of said company, to appoint five disinterested persons of said county to view, examine and estimate the injury or damages, if any in their opinion may be sustained by reason of said railroad or railroads, and report the same under their oaths or affirmations, or under the oaths or affirmations of any three of them, to the said court within ten days thereafter; which report, if confirmed by said court, judgment shall be entered thereon, and the viewers and appraisers shall be entitled to one dollar per day for their services, to be paid by said company; and it shall be the duty of said viewers and appraisers to take into consideration, in estimating such injury or damage, the advantages to be derived by said owner or owners of said lands, by means of said railroad or railroads Provided, That either party may appeal to the court within thirty days after such report may have been filed in the prothonotary's office of the proper county, in the same manner as appeals are allowed in other cases. SECTION 11. Any legal process served on any agent or manager of said company, is hereby declared to be, to all intents and purposes, as valid as the same would have been, if served on the president and directors thereof. SECTION 12. The company hereby incorporated, shall have power to construct railroads with one or more tracks from any point or points on their lands, to connect with the Lehigh and Susquehanna railroad, or the North Branch canal, at such point or points as may be deemed proper: Provided, That the said company shall not prevent any person or persons, company or companies hereafter incorporated, being the owner or owners of land bordering on the said railroad or railroads, or adjacent thereto, from making lateral railroads, and to connect them with said railroad or railroads from their said lands, as the said person or persons, company or companies may conceive necessary, for the purpose of transporting their coal or produce upon said railroad or railroads, subject to the payment of the following rates of toll; that is to say, on each ton of produce, coal, or other minerals, or of any other goods, wares, merchandize or commodities of any kind whatsoever, not exceeding two cents per ton per mile; on each horse not employed in drawing a carriage or car on which toll is charged, one cent per mile; on each horse and its rider, not exceeding one cent per mile; on every person drawn in a car or carriage, other than the rider, not exceeding one cent per mile; and all fractions not less than half a ton, to be considered as a ton, and if less than half a ton, to be rated at half a ton; and all fractions of half a mile in distance, to be rated at half a mile; and besides the tolls to be so charged, it shall be lawful for the said company to demand and receive, for the use of the collector of tolls on the said road or roads for the time being, as a compensation for weighing and booking all coal or other minerals which may pass over said road or roads, the further sum of not exceeding one cent per ton on the said coal or other minerals transported on said road or roads in consideration of which, he shall at all reasonable times when so requested, exhibit to any person or persons interested therein, the account of the said coal or other minerals so transported as aforesaid, and deliver to him or them a certified copy thereof, without any other fee or reward; and that the said company shall not be authorized to charge toll on empty coal cars returning from the landing to the mines; and that the turnouts for such lateral roads shall be so constructed and kept, so as not to interfere with the use of the main road or roads; and all cars or wagons run upon the same, shall be subject to such general rules and regulations as may be prescribed by the company, and be intended to keep the track of said road or roads free and open for the uninterrupted passage of the cars of every person desiring to travel thereon. SECTION 13. This act shall continue and be in force until the first Term of charter. day of May, in the year of our Lord one thousand eight hundred and sixty-nine: Provided, That it shall be lawful for the legislature, at any Proviso. time, to amend or repeal any of the foregoing provisions, and to re scind the powers hereby granted; in such manner, however, that no in justice shall be done the corporators. SECTION 14. That if said company shall not commence the construc- Commencement tion of their road within three years after the granting of this charter, and completion of and complete the same within seven years thereafter, this act shall be road. null and void, except so far as the same may be necessary to wind up the affairs, and pay the debts of said company. WILLIAM F. PACKER, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The twelfth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 130. AN ACT Authorizing the commissioners of Lancaster county to borrow money. 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 commissioners of Lancaster county are hereby authorized from time to time, to borrow money for the use of said county, and on the credit of the same, and to pledge the said county for the payment thereof: Provided, The aggregate of such loans outstanding and unpaid, shall not exceed sixty thousand dollars. WILLIAM F. PACKER, APPROVED-The twelfth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 131. AN ACT Relative to the schools in West Marlborough township, Chester county. 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 first, second and third sections of an act passed the twenty-third day of April, Anno Domini one thousand eight hundred and forty-four, entitled "An Act relating to the common schools in West Chester and Schuylkill townships, Chester county," is hereby extended to the township of West Marlborough, in said county. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twelfth day of March, Anno Domini one thousand eight hundred and forty-nine. WM. F. JOHNSTON. Terms of court. Proviso. Proviso. Register, recorder, prothonotary and clerk of courts. No. 132. AN ACT Relative to the courts and county offices of Sullivan county. 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 hereafter the judges of the several courts in and for the county of Sullivan, shall hold four terms a year, viz: on the third Tuesday of February, the first Tuesday of June, the fourth Tuesday of September, and the third Tuesday of December: Provided, That the judges of said court may, if they think proper, waive summoning a jury to any two of said terms: Provided further, That all writs issued before the passage of this law, and made returnable to December term, one thousand eight hundred and forty-nine, shall be valid as if issued to June term, one thousand eight hundred and forty-nine. SECTION 2. After the expiration of the present commissions, the citizens of Sullivan county shall elect one reputable citizen to be register of wills, recorder of deeds, prothonotary of the court of common pleas, and clerk of the orphans' court, the oyer and terminer, and quarter sessions. SECTION 3. All proceedings pending in the orphans' court, and the Certain proceeddocket entries referring thereto, relating to the estates of decedents who ings in orphans' resided within the limits of the county of Sullivan, shall be transferred courts to be transto the said county, and proceeded in according to law. SECTION 4. The last clause of section fifteenth of the act, entitled "An Act erecting parts of Lycoming county into a new county, to be called Sullivan," passed the fifteenth day of March, one thousand eight hundred and forty-seven, relating to special test days, be and the same is hereby repealed. WILLIAM F. PACKER, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The twelfth day of March, Anno Domini one thousand eight hundred and forty-nine. ferred. Repeal. WM. F. JOHNSTON. No. 133. AN ACT Erecting the borough of New Germantown, in the county of Perry, into a separate school district. 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 borough of New Germantown, in the county of Perry, shall hereafter constitute a separate school district, subject to all the laws and regulations relative to a general system of education by common schools within this commonwealth. WILLIAM F. PACKER, Speaker of the House of Representatives.. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twelfth day of March, Anno Domini one thousand eight hundred and forty-nine. WM. F. JOHNSTON. . Penalty for kill ing pickerel or pike in the lakes or ponds of Pike or Monroe counties. Repeal. 134. A SUPPLEMENT To an act relating to hunting and fishing in the counties of Huntingdon, Carbon, Luzerne, Dauphin, Mifflin, Elk, Pike, Monroe and Butler, approved twentyfourth of March, one thousand eight hundred and forty-eight. 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 it shall not be lawful for any person to take or kill in any manner, any pickerel or pike in any of the lakes or ponds in the county of Pike or Monroe, for the period of four years, from and after the time when pickerel or pike shall be first put into such lake or pond, under the penalty of ten dollars for any such offence, to be recovered by action of debt before a justice of the peace, as debts of like amount are by law recoverable, by any person who may sue for the same in a qui tam action; one-half for the use of the supervisors of the roads of the proper township, and the other half to the use of the person who may sue for the same and so much of the fourth section of the act, entitled "An Act relating to hunting and fishing in the counties of Huntingdon, Carbon, Luzerne, Dauphin, Mifflin, Elk, Pike, Monroe and Butler," passed twenty-fourth March, one thousand eight hundred and forty-eight, as is hereby altered and supplied, is hereby repealed. : SECTION 2. That so much of the act to which this is a supplement, as relates to the counties of Luzerne and Monroe, and the township of Gibson, in the county of Elk, be and the same is hereby repealed. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twelfth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. |