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ame court are collected, with the costs of the court: Provided, That if Proviso.
e proper officer of the said company, at any time before application
ade by either party for the appointment of viewers in manner herein-
efore directed, shall tender to the owner or owners of said land a sum
f money in full compensation for his said damages, said company shall
ot be liable for costs on any subsequent proceeding, unless such owner
f land shall receive a larger sum than the previous tender of said com-
any: Provided however, That the said judgment shall be subject to Proviso.
eversal, upon appeal or by writ of error taken by either party, as other

dgments in the same court are liable.

SECTION 11. That if any person or persons shall wilfully or know- Penalty for injugly break, injure, destroy or interrupt the telegraph lines and commu- ries to telegraph ications or any part thereof, or any work, erection, edifice, structure lines, &c. r device or any part thereof, to be erected by the said company in puruance of this act, he, she or they shall pay to the said corporation one undred dollars for said offence, and shall be further liable for all amages which the said corporation may suffer in repairing the injury, nd from the interruption of their business, to be recovered in an action of trespass; and if any person, incurring the penalty aforesaid, shall hrough insolvency or other cause, be unable or shall fail to pay the >enalty or damages aforesaid, and shall a second time commit trespass pon the said lines or any part thereof as aforesaid, he, she or they shall be liable, upon conviction thereof, to an imprisonment in the county jail of not less than one month nor more than six months.

SECTION 12. That the said corporation shall be bound, on application Communications of any of the officers of this state or of the United States, acting in the of officers of this event of any war, insurrection, riot or other civil commotion or resistance state or of the United States, in of public authority, or in the prevention or punishment of crime, or with the event of war, the arrest of persons charged or suspected thereof, to give to the com- riot, &c., to munication of such officers immediate dispatch; for transmitting such have immediate communications the company shall charge no higher price than for dispatch. private communications of the same length.

SECTION 13. Dividends of the profits of the company shall be declared Dividends. semi-annually, in the months of January and July in each year: Pro- Proviso. vided, That no dividends shall be declared which shall impair the capital stock of said company: And provided further, That on all dividends Proviso. over twelve per centum per annum there shall be paid to the state treasurer, for the use of the commonwealth, a tax of twenty-five per

centum.

Meetings of

SECTION 14. All meetings of the stockholders shall be held at such time and place as the president and directors or a majority of them shall stockholders. determine, and three weeks' notice shall be given of each and every such meeting, in at least one newspaper in Philadelphia, one in Baltimore and one in Harrisburg.

SECTION 15. The legislature hereby reserves the right to alter, amend Reservation. or repeal this charter, whenever its provisions shall be found injurious to Proviso. the citizens of this commonwealth: Provided however, That no

injustice shall be done to the corporators.

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APPROVED-The tenth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

No. 383.

AN ACT

For the relief of William P. M'Culloch.

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 canal commissioners be and are hereby authorized to examine into the claim of William P. M'Culloch, of the borough of Warren, Armstrong county, for the loss of a section boat, and report to the legisla

ture.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The tenth day of April, one thousand eight hundred and forty-nine.

WM. F. JOHNSTON.

Preamble.

Auditor general and state treasurer authorized

No. 384.

AN ACT

Relative to the claim of Robert B. Wright.

WHEREAS, Robert B. Wright, in the year one thousand eight hundred and thirty-seven, as collector of canal and railroad tolls at Columbia, credited the Washington line, a boat and car company, under the fail assurance from their general credit with the business men, as well as from the collateral property assigned, that the company was unquestionably solvent :

And whereas, The said company became insolvent, by which means the said Robert B. Wright became indebted to the commonwealth in the sum of fifteen hundred and twenty-seven dollars and fourteen cents, for which sum he has confessed judgment in favor of the commonwealth; therefore,

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly to release Robert met, and it is hereby enacted by the authority of the same, That the auditor general and state treasurer be and they are hereby authorized B. Wright, of a certain judgment, and required to receive, in full payment of the judgment held by the commonwealth against Robert B. Wright, late collector of tolls, fifteen

&c.

undred and twenty-seven dollars and fourteen cents state stock, at par,
and release the said Robert B. Wright, and his sureties, as fully and
effectually as if the said judgment had been paid in par funds: Pro- Proviso.
ided, That the certificate or certificates of state stock tendered by the
said Robert B. Wright, in payment of the said judgment, shall be duly
ransferred by him to the commonwealth, within fifteen days after the
passage of this act; and when so transferred, the said judgment thus
paid, shall be released and extinguished, and the said certificate or cer-
ificates thus transferred, shall be immediately cancelled: Provided, Proviso.
That before the auditor general and state treasurer shall release said
Wright and sureties, as aforesaid, the said R. B. Wright and Charles
N. Wright, Rhoda Wright, Elizabeth Wright and Rhoda Barber, shall
elease to the commonwealth all and every their claims against the com-
nonwealth, for damages alleged to have been done to their property by
he construction of the Philadelphia and Columbia railroad, except the
ums heretofore awarded to them: Provided, That this act shall not
elease the defendants from the payment of the costs of said judgment.
WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,
Speaker of the Senate.

APPROVED-The tenth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

No. 385.

AN ACT

Authorizing the governor to incorporate the Bloominggrove and Mount Moriah turnpike road company.

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Commissioners.

SECTION 1. Be it enacted by the Senate and House of Representaives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That Warren Kimble, W. W. Walker, Ephraim Kimble, John Decker, Thomas V. Taft, William Nyce, John Nyce, Lafayette Westbrook and John C. Westbrook, be and they, or a majority of them, are hereby appointed commissioners to open books, receive subscriptions and organize a company, by the name, style and title of "The Bloominggrove Style. and Mount Moriah turnpike road company," with power to construct a turnpike road, commencing at Bloominggrove farms, in Pike county, Location. and extending by the nearest and best route to intersect the Mount Moriah road, at or near John Decker's in said county, subject to all the provisions and restrictions of an act regulating turnpike and plank road provisions and companies, approved the twenty-sixth day of January, Anno Domini restrictions of a one thousand eight hundred and forty-nine.

Subject to the

certain act.

Capital stock.

Commencement and completion of road.

SECTION 2. The capital stock of said company shall consist of three hundred shares, at ten dollars each.

SECTION 3. That if said company shall not commence the construetion of their road within two years after the passage of this act, and complete the same within five years, this act shall be null and void, ercept so far as is necessary to settle the affairs of the company.

WILLIAM F. PACKER, Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The tenth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

No. 386.

AN ACT

To vest in Phoebe Francis, wife of Thomas Francis, of Fayette county, all the interest of the commonwealth in the estate of Hugh Kelly, deceased.

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 all the right, claim and interest which this commonwealth may have acquired by reason of any escheat, or supposed escheat, from want of heirs of Hugh Kelly, formerly of Fayette county, but late of Allegheny county, deceased, in or to the estate of which he died seized or entitled to, be and the same is hereby vested in Phoebe Francis, late Phoebe Calhoun, illegitimate daughter of the said Hugh Kelly, her heirs and assigns forever; and the said Phoebe is hereby authorized and empow ered to recover the said estate or property, by all lawful means, as fully to all intents and purposes as if she had been born in lawful wedlock: Provided, That this act shall not be so construed as to invalidate the title of those claiming under the said Phœbe.

WILLIAM F. PACKER, Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The tenth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

No. 387.

AN ACT

Changing the mode of electing the officers of the Springhouse, Northampton town and Bethlehem turnpike road company.

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 in any election for officers of the Springhouse, Northampton town and Bethlehem turnpike road, passed sixteenth January, one thousand eight hundred and thirteen, the stockholders of said company shall vote in his or her proper person; and any law now in force, authorizing the stockholders to vote by proxy, be and the same is hereby repealed.

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APPROVED-The tenth day of April, one thousand eight hundred and forty-nine.

No. 388.

WM. F. JOHNSTON.

AN ACT

For the relief of John Hanson.

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 auditor general be and he is hereby required to examine the work done by John Hanson, on the Tunkhannock division of the North Branch canal, and ascertain what amount of money, if any, over and above what he has received, he is entitled to, and report the same to the legislature.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,
Speaker of the Senate.

APPROVED-The tenth day of April, one thousand eight hundred and

forty-nine.

WM. F. JOHNSTON.

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