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Power to erect bridges.

Width of road.

Proviso.

Governor to appoint viewers.

subscribed for such additional shares, in like manner and under like penalties as are provided by this act in case of the original subscription. SECTION 12. The said president and managers shall have power to erect good and sufficient bridges over all the streams of water crossed by said route, whenever the same shall be found necessary, and shall cause a road to be laid out not exceeding forty feet in width, and shall cause at least sixteen feet of said width to be made an artificial road of wood, stone, gravel or other proper and convenient materials, such as the nature of the ground may require and will afford, to be constructed in such manner as will admit an even surface, and in no place in said road shall there be an elevation of more than five degrees, where prac ticable, from a horizontal line, and shall forever thereafter maintain and keep the same in good order and repair: Provided, That it shall and may be lawful for the president and managers whenever they may deem it necessary, to cut, deaden and prostrate the timber on each or either side of the said road, within a distance not exceeding thirty feet from the centre of the said road, they making just and equitable compensa tion to the owners at the time of so doing.

SECTION 13. Whenever, and as soon as the said company shall have finished five continuous miles or more of road, the president thereof may give notice to the governor, who shall thereupon forthwith appoint three skillful, judicious and disinterested persons to view and examine the same, report on oath or affirmation to him whether the said road is so far executed in a competent and workmanlike manner, according to the true intent and meaning of this act; and if their report shall be in the affirmative, then the governor shall by his license under his hand and grant license to the seal of the state, permit and suffer said company to erect and fix such and so many toll gates upon and across the said road, as will be necessary and sufficient to collect from all persons otherwise than on foot, the same tolls which are hereinafter mentioned and authorized: Provided, That all persons attending funerals, military parades and trainings or divine worship, shall at all times be exempted from payment of any toll on said road.

Governor to

take toll.

Toll-gatherers.

Tolls.

SECTION 14. The said company having perfected the said road or such part thereof from time to time as aforesaid, and being examined, approved and licensed as aforesaid, it shall and may be lawful for them to appoint such and so many toll-gatherers as they shall think proper, to collect and receive of and from all and every person or persons using the said road, the tolls and rates hereinafter mentioned, and stop any person riding or leading any horse, or driving any cattle, hogs or sheep, or driving any coach, coachee, sulky, chair, chaise, phæton, cart, wagon, wain, sleigh, sled or other carriages of burden or pleasure from passing through the said turnpike or gates, until they shall have respectively paid the same, that is to say: for every five miles in length of the said road completed and licensed as aforesaid, the following sum of money, and so in proportion for any lesser or greater distance actually traveled, or for any greater or less number of sheep, hogs or cattle, to wit: for every score of hogs, six cents; for every score of sheep, six cents; for every score of cattle, twelve and one-half cents; for every horse and his rider, or led horse, three cents; for every sulky, chair or chaise with one horse and two wheels, six cents; and with two horses, nine cents; for every chariot, coach, phaton or chaise with four wheels and two horses, twelve and one-half cents; for either of the carriages last mentioned with four horses, twenty cents; for every other carriage of pleasure under whatsoever name it may go the like sums according to the number of wheels and horses drawing the same, for every sled, two cents for each horse drawing the same; for

every cart or wagon the wheels of which do not exceed the breadth of four inches, six cents for each horse drawing the same; for every cart or wagon the wheels of which shall exceed in breadth four inches and not exceeding seven inches, three cents for each horse drawing the same; for every cart or wagon the breadth of the wheels of which shall be more than seven inches and not more than ten inches, or being of the breadth of seven inches, shall roll more than ten inches, two cents for each horse drawing the same; for every cart or wagon the breadth of the wheels of which shall be more than ten inches and not exceeding twelve inches, or being ten inches, shall roll more than fifteen inches, one cent for every horse drawing the same; for every cart or wagon the breadth of the wheels of which shall be more than twelve inches, one cent for each horse drawing the same; and all carriages aforesaid, which shall be drawn by oxen in the whole, or partly by oxen and partly by horses, two oxen shall be estimated as equal to one horse in charging all the aforesaid tolls, and every mule as equal to one horse; and if any person or persons shall represent to the said company or any Frauds, how of the officers, that he, she or they have traveled a less distance than punished. he, she or they have actually traveled along the said road, with intent to defraud the said company of their toll or any part thereof, each person or persons shall for every such offence, forfeit and pay to the use of said company, any sum not exceeding five dollars; and if any tollgatherer shall demand and receive greater or other toll from any person or persons than such toll-gatherer is authorized to demand and receive by virtue of this act, such toll-gatherer shall forfeit and pay the sum of twenty dollars for every such offence, to the supervisors of the township in which the forfeiture is incurred, for the repair of the roads in the said township: Provided always, That it shall and may be lawful for the Proviso. said company by their laws, to regulate the burthen or carriages to be drawn along the said road, in such manner as shall be found from experience to be most conducive to the public convenience and the advan. tage of the company.

SECTION 15. For collecting and receiving tolls, for every attempt to evade the payment thereof, for every neglect to keep the said road in Proceedings to good repair, for the increase, diminution and application of the tolls, the keep the road in erection of index posts, and for the injuring and defacing of the same, good repair, &c. for the regulation of the traveling on the said road, and for the limitation of actions, and for the recovery and application of fines and penalties for offences against this act, the said company shall have all the powers, authorities and privileges, and be subject to all the penalties which are given and granted by the act incorporating the Clearfield and Allegheny turnpike road company, approved the second day of July, one thousand eight hundred and thirty-nine.

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

WM. F. JOHNSTON,
Speaker of the Senate.

APPROVED-The eleventh day of April, one thousand eight hundred

and forty-eight.

48

FRS. R. SHUNK.

Assent of the commonwealth given to the company.

fied and con

firmed.

No. 404.

AN ACT

To incorporate the Ohio and Pennsylvania railroad company.

SECTION 1. Be it enacted by the Senate and House of Represente tives of the Commonwealth of Pennsylvania in General Assemb met, and it is hereby enacted by the authority of the same, The the full and entire assent of this commonwealth, be and the same is hereby given to all and each of the provisions mentioned and containe in an act of the legislature of Ohio, passed the twenty-fourth day of February, one thousand eight hundred and forty-eight, entitled A Act to incorporate the Ohio and Pennsylvania railroad company;" and Act adopted, rati- the said act of the state of Ohio is hereby adopted, ratified and confirme. and enacted into a law of this commonwealth, and all and each of the provisions, conditions and restrictions thereof, as fully and effectually s if the same were enacted section by section, so far as the same can apply to this commonwealth, reserving always to this commonwealt the same and like rights and powers, in all respects, in and over that part of the contemplated railroad which may be in the state of Pennsylvania, as has been reserved and provided in the said recited acto the state of Ohio, in and over that part of the said railroad which may be in the state of Ohio; and the said act shall be in full force and effect according to the true intent and meaning thereof, wherever the same is applicable, as well within as without this commonwealth, as an a incorporating the Ohio and Pennsylvania railroad company, for all and every the objects and purposes therein set forth and provided for: Provided, That the track of that portion of the said railroad, situated in this state, shall be constructed of the same width with the track of the Pennsylvania railroad: And provided further, That the said railroa company shall connect, at or near the city of Pittsburg, with the Pea sylvania railroad, with the consent of the Pennsylvania railroad com pany, and shall also permit the Pittsburg, Kittanning and Warre railroad company to connect with said road, at or near the city of Pitts burg, as well as all lateral railroads incorporated by this commonwealth SECTION 2. That in all cases when the matter in controversy sh have originated or arisen within the limits of this commonwealth, the said company may sue and be sued, in like manner as other bodies | corporate within this commonwealth sue and are sued; and in all ma ters and things which may in any way relate to or concern the exercise or abuse of the rights, privileges, powers and franchises hereby grante and also in all things which may relate to or concern a compliance wi or a breach of the conditions and provisions of this act, the said company shall be as perfectly subject to and under the control of the proper thorities of Pennsylvania, as if the said company had been created by law of this commonwealth; and in any suit, action or proceeding at h against said company, the process may be served within the prop county or district, upon any known officer or agent of said compa

Proviso.

To sue and be sued as other

bodies corporate.

Subject to the authorities of Pennsylvania.

SECTION 3. That it shall be the duty of the president and direct of said company, as soon as any portion of their railroad, situated tween the city of Pittsburg and the eastern line of the state of Ohi completed and in use for transportation, to prepare a full and accurat

statement of the cost of construction of said portion of their railroad, Statement of cost authenticated by the oath or affirmation of the president and secretary of construction. of said company, and communicate the same to the auditor general of this commonwealth, who shall file the statement in his office.

commonwealth

SECTION 4. That the stock of said company, to an amount equal to the cost of the construction of the said portion of their road, shall be Stock subject to subject to taxation by this commonwealth, in the same manner, and at taxation by this the same rate, as other similar property is subject; and it shall be the in amount equal duty of the said company to cause their treasurer, upon the declaration to cost of conof any dividend after said portion of their railroad shall have been com- struction. pleted, to retain out of said dividend, and pay into the treasury of this state, the tax to which such portion of stock is liable.

porators.

SECTION 5. That N. B. Craig, James Woods, William M. Lyon, Additional corWilliam Robinson, junior, Harmar Denny, Thomas Bakewell, Joshua Hanna, A. W. Loomis and David Shields, of Allegheny county; James Patterson, Daniel Agnew, Joseph Pollock, William Henry, Ovid Peiny, F. Reno and Dr. D. Leisure, of Beaver county; John B. Myers, John A. Wright, John H. Diehl, James M'Gee, James Traquair, Joseph M. Thomas, Lewis Cooper and Solomon W. Roberts, of Philadelphia, be and the same are hereby appointed additional corporators to carry out the provisions of this act.

SECTION 6. That exemplified copies of the said act of the state of Exemplified coOhio, and of an act passed by said state on the eleventh day of February, pies of certain one thousand eight hundred and forty-eight, entitled "An Act regulating act to be annexed railroad companies," shall be annexed to this act, and published in the and published. same manner as this act shall be published; and the governor shall cause an attested copy of this act to be transmitted to the governor of Ohio, for the use of that state.

SECTION 7. The legislature hereby reserves the right to alter, amend or repeal this act, and to resume the franchises herein granted, at any time: Provided, That no injustice shall be done to the corporators.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

WM. F. JOHNSTON,'
Speaker of the Senate.

APPROVED-The eleventh day of April, one thousand eight hundred

and forty-eight.

FRS. R. SHUNK.

Reservation.

AN ACT to incorporate the Ohio and Pennsylvania railroad company. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That John S. Blakely, James Farmer and William Farmer, Jacob Harbaugh, Leonard Hanna, Henry H. Gregg, Zadock Street, Joseph J. Brooks and B. F. Hiddleson, of Columbiana county; Dwight Jarvis, Charles K. Skinner, David Carter, George W. Belden, Peter Hughes, John Unkefer and John Harris, of Stark county; Cyrus Spink, James Jacobs, Benjamin Jones, John Larwell, Thomas Robinson and S. F. Day, of Wayne county; Charles R. Denning, James M. Boyd, Joseph M. Comb, John S. Fulton, Luther M. Pratt, E. N. Gates and Hulbert Luther, of Ashland county; James Purdy, Thomas W. Bartley, Elijah W. Lake, Joseph Musgrave, E. Hedges and C. L. Avery, of Richland county; William M. Miller, John A. Gormly, Josiah Scott and Paul J. Hettick, of Crawford county; and Joseph

Corporators.

Name.

Location.

Capital stock.

Work transferable.

When this act to take effect.

M'Cutchen and David Ayres, of Wyandot county, are hereby created a body corporate, with perpetual succession, by the name of 'The Ohio and Pennsylvania railroad company," with power to construct a railroad from the town of Mansfield, in Richland county, eastwardly by the way of the towns of Wooster, Massillon and Canton, to some point in the eastern boundary line of Ohio, within the county of Columbiana, as hereinafter provided; thence to the city of Pittsburg, in the state of Pennsylvania; and from said town of Mansfield westwardly, by the way of Bucyrus, in Crawford county, until it intersects the west line of the state of Ohio, at such point as may be determined by said company to be most eligible; and said company may locate its road on any route from Canton, by way of, or north of North Georgetown, in Columbiana county; and thence by the way of New Lisbon and the Little Beaver valley, or on any line north thereof to the Pensylvania line; or said company may continue its road from Canton to any point in the line of the Cleveland and Pittsburg railroad, south of said village of North Georgetown aforesaid, and connect its road with said Cleveland and Pittsburg road, on terms to be agreed upon by said companies respectively.

SECTION 2. That the capital stock of said company shall be any amount not exceeding three millions of dollars.

SECTION 3. That the president and directors of the Cleveland and Pittsburg railroad company are hereby authorized, in case the Ohio and Pennsylvania railroad company should be willing, to locate any part of the road now incorporated, upon ground already occupied by the Cleve land and Pittsburg railroad company, to transfer any of the work they may have executed, at such price and upon such conditions as may be agreed upon between said companies, to the president and directors of the Pennsylvania and Ohio railroad company, and that thereafter the Cleveland and Pittsburg railroad company may confine their operations to such portion of their road as may not be included in such agreement.

SECTION 4. This act to take effect in the state of Ohio from and after its passage; and that whenever the legislature of Pennsylvania shall pass a law giving their assent to and confirming the provisions of this act, with such alterations and modifications as shall be necessary and applicable to that part of said railroad, and other works as aforesaid, lying within the limits of the state of Pennsylvania, then this act shall take effect and be in force in that state.

SECTION 5. Said company shall have all the powers and privileges, and be subject to all the restrictions and provisions of the act regulating railroad companies, passed February eleventh, one thousand eight hundred and forty-eight.

JOSEPH S. HAWKINS, Speaker of the House of Representatives. CHARLES B. GODDARD, Speaker of the Senate.

February 24, 1848.

When corpora

tors authorized to

AN ACT regulating railroad companies.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any number of persons, not less than five, shall be construct a rail- named as corporators in any act of the general assembly, and authorized to construct a railroad, they and their associates, successors and

road.

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