Hb- "145. HOUSE FILE. ï [RE-PRINT.] «ekate file—No. 8.5. No. 145. hof8e of representatives file. J. M. <>. LESCURE, PRINTER TO THE STATE. A FURTHER SUPPLEMENT to an act authorizing the incorporation of the Monongahela navigation company 1 Section 1 Be it enacted by the Senate and House of Représentatives 2 of the Commonwealth of Pennsylvania in General Assembly met and it is' 3 hereby enacted by the authority of the same That the president: and 4 managers of the Monongahela navigate i company be and they arc béfeby 5 authorized to open books of subscription at such places within the couMies 6 of Allegheny Washington Westmoreland Fayette and Greene as they •may 7 think proper to indicate upon thirty days notiece by publication in 'one or" 8 more newspapers published within each of said counties for the purpose oL 9 enlarging their capital stock so a to enable them to extend their improvement ' 10 to the Virginia state line Provided The stock hereby authorized to he sub-• 11 scribed shall not exceed two hundred thousand dollars 1 Section 2 That as soon as three thousand additional shares ähall bè % snhscribed to the stock of the said company for the purpose aforesaid it t MOÜSE FILE. No: l4ö. r.^- - -! ■> 'S shall be tbe duty of the said president and managers to contract for the oon- 4 structiôn of so many flddHtick^dl ahd" idablls' W máy be required to secure 5 a sufficient slack water navigation from the borough of Brownsville to 6 the said state line or so many additional locks and dams as the amhunt of 7 stock so subscriiBcd as afofésáiá sh'att in tbeff éstim'áftdri^bé'áofficient to authorize 6 them to place under contract 1 Section 3 That in the prosecution of said extension it shall be lawful for 2 the said company to increase the height of [dam number four] not exceeding 3 two feet after the completion of lock and dam number five above Brownsville 4 and to construct the additional dams in such manner and of such èWitk^on • ¡ ■ 5 as they may deem expedient having regard however to the natural formation S of the banks and ihaking compensation as is already provided for any dam- 7 age which may be occasioned thereby to private property [^Provided That if g *the parties cannot agree in choosing five freeholders to view and àssèsi the 9 damages the same shall hereafter be appointed by the court of common pleas 10 of the proper county and not by a justice of the peace as is provided for in 11 the eighth section of the act of incorporation passed the thirty-first day of 12 March one thousand eight hundred and thirty-six] 1 Section 4 That the tolls received upon and revenues arising ' fVoItt that 2 part of the work between Brownsville and the Virginia state line shall form 3 a separate and distinct fund and the balance thereof after payment of expenses 4 and repairs on that portion of the work shall be divided semi-annually pro- 5 rata amongst the stockholders whose subscriptions may be applied tindbr this 6 act to the construction of the same until the company shall have paid the 7 debt incurred in the construction of the work below the borough of Browns- 8 ville after which the said tolls and revenues shall return to the comipon 9 ' fu^d and be distributed with the other revenues of the said work amongst 10 all the stockholders thereof in the proportion of the amount of stock held by 11 them respectively {Provided That the minimum through toll on the ascending líe* 5 J? Iransportatipn of ps^ssengers produce and, ttiprchandize destinad to pass oyer IS .4Miy potUoQ of the Baltjipore and phia railrqad except cpal and other ^in- •I' .fl 14 .arals shall,pot be less on said impçoyenaents than ipay be 'charged for an 1,S equal V distance on the Pentisylvania c^nal] 1 i Section ö That the president yijud m of thé said coippnny shi^H S, have power, from time to time to fpahe such rules and regulations not itiçon- 8^ :«iôtent with; Ihe Jaws of this state in respect to, the weighing and inspecting 4 .'ats: and other eraft and their Jading the collection of tolls and. alt other, â iisttiatters connected : with the use or navigation of their improvement I Section 6 That the president and managers of the said Manoti^hela 5 wavigation conopany be and they are hereby authorized to open bpoka of süb- S". Äcriptipn at such time and place within thç city of jpittsburg as they tnay 4; think proper to direct upon at least thirty days notice thereof by .pUiblication 5 in one or moré newspapers in the cities of Pittsburg and Philadelpliia for tho 6 Subscription of so much additional stock in the said company as shall be re- 7 quired to pay and satisfy the debt • incurred in the construction of that portion 8 of their improvement which is already completed over and beyond the 9 amount of the capital stock already subscribed paid in and expended for the 10 purpose that the said books of subscriptioa shall continue open for the purpose 11 aforesaid for the space of twenty days a^.d if at the expiration of that tirite 12 the sum required shall not have been subscribed it shall be lawful fpr the 13 said president and managers and they are hereby required to enter to the credit 14 of the holders of the present stock in the books of the said company an 15 additional share of stock for each and every share by them respectively owned 16 and held therein upon which said additional shares or shares the treasurer of 17 the said company shall in lieu of all calls for the payment of any, instalment 18 or instalments thereupon credit to the holders thereof respectively fijs her or 19 their pro rata proportion according to the amount of stock by them respec- 20 tively owned of the amount applied from time to lime out of the tolls income 4 HOUSE FILE. No. I4S 21 proñts and revenues of the said company toward the satisfaction of the 22 principal and interest of the debts incurred in the construction of that portion 23 of their improvemeiit between the city of Pittshurg and the borough of Browns- 2i viiie and as soon as the sum of fifty dollars shall be thus credited to each 25 and every sfiare of the said additional stock it shall be the duty óf the 26 said president and managers to isssue certificates therefor to the persons who 27 i»ay'tlien be the holders of the original stock and entitled thereto respcc- 26 lively and who shall thereafter vote and be entitled to receive dividends upon, 29 the said new stock of thé incomes or profits of the said company ás though 30 the same had béen originally subscribed at the opening of the books thereof i3i Provided horóéver That any and every transfer that may be made of the 32 présent or old stock er any portion thereof by any of the holders thereof ante- 33 cedent to thé payment of the whole of the said sum of fifty dollars upon 34 each and every of the shares of the said new or additional, stock shall be held 35 and construed to carry with it the interest of the proprietor in the .said new se or additional stock which until that period shall follow the ownership of 37 the said original stock as an incident or accessary thereto and be inseparable 38 tbereffom [^Provided That when the dividends of profits made by the com- 39 pany shall exceed ten per cent per annum on the amount of the capital stock - representing the eosís of the. worlL.j)ne;half of the ystirplua. abo^ é ten per cent 41 shall be paid into the treasury of the commonwealth and the clause in the 42 fifteenth section of the original act of incorporation requiring an annual state- 4S ment to be made to the legi.dature is hereby re-enacted] ! " [Section 7 That the toll on coal shall not be raised by the company at 2 any time above the rates now charged on that article] 1 Section 8 That so much of any act or acts of assembly as may be 2 inconsistent with any of the foregoing provisions be and the sainé aré hereby 3 repealed