Annual report of the affairs of the company. Width of track. Semi-annual pay to stockholders. Proviso. times of arrival and departure of their trains, or to change any general regulation of the company. SECTION 20. That each and every railroad company incorporated under this act shall annually, in the month of January, make a full report of the condition of its affairs to the auditor of state, showing the amount of the capital stock of such company; the gross amount of tolls or receipts during the previous year; the cost of repairs and incidental expenses; the net amount of profits, and the dividends made, with such other facts as may be necessary to a full statement of the affairs and condition of such road; and the auditor shall annually present an abstract copy of such report to the general assembly. SECTION 21. The width of the track or guage of all roads under this act shall be four feet ten inches between the rails. SECTION 22. It shall be lawful for the directors of any railroad company semi-annually to compute, allow and pay to its stockholders, interest at the rate of six per centum on all moneys theretofore paid as capital stock, to be set apart and paid in stock or cash, as the directors may determine: Provided, That they shall not allow or pay any interest in cash to stockholders while any debt of such railroad company, for labor or materials, shall be due and unpaid; And provided further, That the capital stock shall in no case be reduced by such payment of interest; and any railroad company may establish a principal office in the manner and for the purpose named in the sixteenth section of this act. JOSEPH S. HAWKINS, Speaker of the House of Representatives. CHARLES B. GODDARD, Speaker of the Senate. February 11, 1848. [1849.] Preamble. No. 423. AN ACT To authorize the Western telegraph company to construct lines of telegraph wires through Pennsylvania, in a direction from Baltimore to the Ohio river. WHEREAS, The legislature of the state of Maryland passed an act to authorize a company to construct lines of telegraph wires from Baltimore to the western limits of the state of Maryland: And whereas, The assent of the legislature of this commonwealth is requested, to authorize the said company to conduct lines of telegraph through such part of this state as may be found expedient and necessary, in the direction of the Ohio river; therefore, SECTION 1. Be it enacted by the Senate and House of Representa. tives of the Commonwealth of Pennsylvania in General Assembly their lines of met, and it is hereby enacted by the authority of the same, That Consent of comthe assent of this commonwealth be and the same is hereby given and monwealth given granted to the Western telegraph company, incorporated by the state of to the Western Maryland, in and by virtue of an act of the legislature of that state, telegraph compassed the fourth day of February, one thousand eight hundred and pany to construct forty-seven, so far as to allow and permit the said company to locate, telegraph. construct and maintain a continuation of said lines of telegraph wires through the state of Pennsylvania, in a direction from the city of Baltimore to the city of Pittsburg, and to the Virginia state line: Provided, Proviso. That the said telegraph company shall construct a branch or lateral line from Brownsville, Fayette county, to Waynesburg, Greene county, whenever the citizens of Greene county shall subscribe fifteen hundred dollars' worth of stock in said branch or lateral line. SECTION 2. That the said company, their officers, engineers and as- Powers. sistants may make such examinations of and upon the territory of this state laying and being in the direction aforesaid, as will be necessary to enable the said company to make a proper and judicious location, and to make, construct, complete and maintain the said lines of telegraph in the direction aforesaid, upon the same and like principles and plans in all respects, and under and subject to the same regulations, powers, immunities, privileges, conditions and restrictions of what kind soever as are given, granted, enjoined, enacted and provided for in the said act of the state of Maryland, so far as the same or any clause or part thereof may not be inconsistent with this act. SECTION 3. That it shall and may be lawful for the said company to Erect and conerect and construct works, edifices, fixtures and structures along and struct works, &c. across any of the roads, highways, streets and waters within this state, the said works to be so placed as not to interfere with the common use thereof; and the said company and all other persons by them authorized, appointed or employed, shall have power and authority to enter into and upon, hold, occupy and enjoy any land for the purpose of locating and constructing the said telegraph lines, and using, repairing, maintaining and enjoying the same upon which the same may be located, or which may be necessary or convenient for the location of the same: Provided, Proviso. That such compensation previous thereto shall be made, secured, or tendered to the owner or owners of any land, as shall be agreed upon between the parties, or in such manner as is hereinafter mentioned. SECTION 4. That if the said corporation and the owner or owners of Damages to land, any lands through which the said telegraph lines shall pass, cannot how ascertained agree upon the price or compensation to be paid by the said corporation and adjusted. for such land taken or used, or the damages done thereto, it shal! and may be lawful for either party to apply to the court of common pleas for the county in which said lands shall lie, by petition, stating the facts in relation thereto; and thereupon it shall be the duty of said court to appoint five disinterested persons of the proper county, or of any adjoining county, and to fix a time not less than twenty, nor more than thirty days thereafter, for the said viewers to meet upon the premises where the damages are alleged to be sustained, of which time and place ten days' notice shall be given by the party petitioning to said viewers, and to the other party, and the said viewers when so met, shall be first sworn or affirmed justly and equitable to assess the damages, if any, which may have been or are likely to be sustained by the owner or owners of such land, and shall then view the premises, and justly and equitably assess and estimate the damages which may have been, or Proviso. Proviso. are likely to be sustained by the owner or owners of such land through which the said telegraph lines shall pass, and deducting from the damages the value of the advantages and benefits which may have accrued, or are likely to accrue to the owners of said land from the said telegraph lines, or works connected therewith, and to make out a report of their assessment of damages, signed by the said viewers, and return the same to the court appointing them at the next term thereof, which report being confirmed by said court, shall be considered a judgment of the said court, and collected in like manner as other judgments of the same court are collected, with the coats of court: Provided, That if the proper officer of the said company, at any time before application made by either party for the appointment of viewers in manner hereinbefore directed, shall tender to the owner or owners of said land, a sum of money in full compensation for his said damages, said company shall not be liable for costs on any subsequent proceeding, unless such owner of land shall receive a larger sum than the previous tender of said company: Provided however, That the said judgment shall be subject to reversal upon appeal, or by writ of error taken by either party, as other judgments in the same court are liable. Penalty for injuSECTION 5. That if any person or persons shall wilfully or knowries to telegraph ingly break, injure, destroy, or interrupt the telegraph lines and comlines, works, &c. munications, or any part thereof, or any work, erection, edifice, structure or device, or any part thereof erected by said company, or to be erected by them in pursuance of this act, he, she or they shall pay the said corporation one hundred dollars for said offence, and shall be further liable for all damages which the said corporation may suffer in repairing the injury, and from the interruption of their business, to be recovered in an action of trespass; and if any person incurring the penalty aforesaid, shall through insolvency or other cause, be unable or fail to pay the penalty or damages aforesaid, and shall a second time commit trespass upon 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. President and pany to make and transmit statement to auditor general. SECTION 6. That when said company shall have completed their line treasurer of com- of telegraphic wires, or any portion thereof, within this state, the president and treasurer of said company shall prepare and communicate to the auditor general of this commonwealth, a statement under oath or affirmation of said president and treasurer, setting forth the cost of all the works of said company within this state; and the stock of said company, in amount equal to such cost, is hereby made subject to taxation for the use of the commonwealth, in the same manner and at the same rate as the stock of other companies incorporated by the laws of this state is subject; and it shall be the duty of the said company, upon the declaration of any dividend, to cause their treasurer to retain out of such dividend and pay into the treasury of this commonwealth, the amount of tax to which such portion of their stock may be liable. Enrolment tax. Graduation tax telegraph com SECTION 7. That before this act shall be enrolled or have the force and effect of law, said company shall pay into the state treasury, for the use of the commonwealth, one hundred dollars, in lieu of the enrolment tax now provided by law. SECTION 8. That the dividends of this company, and of all other teleon dividends of graph companies heretofore or hereafter incorporated by the legislature of this commonwealth, shall be subject to the graduated tax imposed upon the dividends of the Pennsylvania Central telegraph company, in lieu of all other tax upon the dividends imposed upon any such company or companies. panies. SECTION 9. The legislature reserves the right to alter, amend or Reservation. revoke any and all of the provisions of this act, whenever they shall be misused or found injurious to the citizens of this commonwealth. Speaker of the House of Representatives. WILLIAM F. PACKER, GEORGE DARSIE, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hundred and forty nine. WM. F. JOHNSTON. No. 424. AN ACT To authorize the canal commissioners to sell and convey certain real estate upon the Frankin line of the Pennsylvania canal; to allow the Franklin canal company to construct a railroad; extending the time for settlement of claims on the Conneaut line, and relating to an election 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 Canal commisthe canal commissioners be and they are hereby authorized to sell at sioners authorized public sale, after due and timely public notice given in the newspapers to sell certain published in the counties of Erie, Crawford and Venango, the several real estate. lots or parcels of land owned by the commonwealth along the line of the Franklin division of the Pennsylvania canal, together with the lock houses and other buildings thereon erected, and the appurtenances belonging thereto. SECTION 2. The said canal commissioners are further authorized and To sell a certain empowered to sell at public sale the state dam erected across the French dam and out-let creek, at the borough of Franklin, in the county of Venango, together lock erected with the out-let lock, the water power, together with the rights and across French privileges pertaining thereto, as also the lots or parcels of land attached creek. to said dam and lock; the property to be sold to the highest bidders, on such terms and conditions as in the opinion of the commissioners will be most conducive to the interest of the state; and the said canal commissioners are hereby directed and empowered to make a deed or deeds of conveyance, vesting in the purchaser or purchasers the interest of the commonwealth, of, in and to the said property: Provided however, Proviso. That the said canal commissioners shall be satisfied that the sale of said property will not be prejudicial to the interests of the commonwealth. SECTION 3. It shall be, and it is hereby directed to be, a condition Condition of sale of the sale of the dam and lock at Franklin aforesaid, that the pur- of said dam and chaser or purchasers of the said dam and lock, and their heirs and as- lock. signs forever, shall be and they are hereby required to keep the said dam and lock in a state of good repair. To sell rough and Proviso. Proviso. To report to legislature. Appropriation of money arising from such sale. Further duties as to French creek. Proviso. Relative to the election of officers of the Frank lin canal company. Franklin canal company to have the privilege of making a railroad. Privileges. Extension of works. Subject to all the provisions and restrictions of a certain act. SECTION 4. That the canal commissioners are hereby further authorized and directed to sell at public sale, after due and timely public notice given as aforesaid, all the rough and cut stone, as also the stone in locks, the wire, iron bars and spikes, as also the plank and other lumber owned by the state on and along the said Franklin line of the Pennsylvania canal, from the mouth of French creek to the feeder dam: Provided however. That nothing herein contained shall be construed to authorize the said commissioners to sell any real or personal property which belongs to, or pertains in any manner to the French Creek feeder, or the Erie extension, Pennsylvania canal: And provided further, That if the canal commissioners shall not obtain such bid or bids, equal to the amount which they consider to be the true value of the property hereby authorized to be sold, then and in such case they shall, from time to time, postpone the sale thereof. SECTION 5. That the canal commissioners be and they are hereby required, within ten days after the meeting of the general assembly, to report to them the kind and quantity of property sold, and the price the same sold for, and the names of the person or persons who purchased the same. SECTION 6. That the sum of one thousand five hundred dollars of the moneys received from the sale of the property authorized to be sold by this act, be and the same is hereby appropriated to remove the obstructions caused by the state, and now existing in the navigation of French creek, and the balance of the moneys accruing from said sale be and the same are hereby directed to be paid into the state treasury. SECTION 7. The canal commissioners are authorized and instructed, after the sale of the property aforesaid, to advertise and let by contract, to the lowest bidder or bidders, the work of cleaning the bed of French creek of the obstructions now injuriously impeding its navigation, under such restrictions as they shall think advisable; and the canal commissioners shall be allowed a reasonable compensation for their expenses in carrying out the provisions of this act: Provided further, That the canal commissioners may, if they deem the same advisable, sell at private sale, the stones or any portion of them, at the lock and dam at Cochreton, in the county of Crawford, to the county commissioners of the said county, at such price as the parties may agree upon. SECTION 8. That the company authorized by the act of the general assembly, entitled "An Act to authorize the governor to incorporate the Franklin canal company," passed the twenty-seventh day of April, one thousand eight hundred and forty-four," be and the same is hereby authorized to elect officers at any time before the first day of August next, upon notice being given by any three of the stockholders, agreeably to the provisions of the said act; and no failure heretofore to elect officers, or any other irregularity, shall be taken or construed to work a forfeiture of the charter of said company. SECTION 9. That the said company, instead of constructing a canal, or completing and repairing the work done by the commonwealth, have the privilege of constructing a railroad, if deemed the most expedient, and to use the graded line or towing path of the said canal as the bed of the said road. SECTION 10. That upon the said company's increasing the stock thereof to the amount of five hundred thousand dollars, it shall have the privilege of extending from the north end thereof to lake Erie, and from the south end to Pittsburg, by such route as the said company shall deem most expedient and advantageous; the said railroad shall be con structed, subject to all the provisions and restrictions of an act regulating railroad companies, passed the nineteenth day of February, A. D. one |