t ip 
 / £ 
 
 BY-LAWS AND CHARTER 
 
 OF THE 
 
 SUWBURY i ERIE RAILROAD COMPANY. 
 
 t Y- 
 
 V vi • 
 
 WITH ITS 
 
 l L ' 
 
 X 
 
 SUPPLEMENTS, &c. 
 
BY-LAWS 
 
 OF THE 
 
 BOARD OF MANAGERS 
 
 OF THE 
 
 SIMM I ERIE RilLROAD COMPANY. 
 
 TOGETHER WITH THE 
 
 CHARTER AND ITS SUPPLEMENTS. 
 
 PHILADELPHIA: 
 
 CRISSY & MARKLEY, PRINTERS, GOLDSMITHS HALL, 
 LIBRARY STREET. 
 
 1858. 
 

 
 
 
 r 
 
 
 
 
 
 
 
 
'Al'Z'Z ’ q£ ' 
 
 OFFICERS. 
 
 Kj 
 
 President. 
 
 WILLIAM a. MOREHEAD, 
 
 Secretary and Treasurer. 
 JOHN LINDSAY, 
 
 Managers. 
 
 SAMUEL V. MERRICK, 
 
 ELLIS LEWIS,' 
 
 JOHN C. CRESSON, 
 
 A. BOYD CUMMINGS, - 
 HENRY DUHRING, 
 
 PHILIP M. PRICE, 
 
 C. B. WRIGHT, 
 
 D. K. JACKMAN, - 
 ALONZO WILCOX, 
 
 Elected by City Councils . 
 
 HARRY CONNELLY, JAMES D. WHETHAM, 
 
 THOMAS L. KANE, 
 
 Chief Engineer. 
 
 ROBERT FARIES. 
 
 of Philadelphia. 
 
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 of Clinton County. 
 Elk “ 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BY-LAWS 
 
 OF THE 
 
 BOARD OF MANAGERS 
 
 OF THE 
 
 SUNBURY AND ERIE RAILROAD COMPANY. 
 
 Section I. 
 
 The Stated Meetings of the Board of Managers shall be held 
 on the third Saturday of each month, at such time and place as 
 - they may from time to time designate. Special Meetings may be 
 called at any time by the President, when he may think necessary, 
 and it shall be his duty to call such meetings at the written re¬ 
 quest of any two members of the Board. 
 
 Section II. 
 
 The President shall preside at all meetings of the Board, pre- 
 serve order, and regulate debate, according to the usual Parlia¬ 
 mentary rules, and appoint all Committees not otherwise ordered 
 by the Board. He shall have the custody of the seal of the 
 Company, and attend generally to its executive business under the 
 direction of the Board, and be ex-officio a member of all 
 Committees. 
 
 All letters, reports, or other papers, relating to the business of 
 the Company, received by the Secretary, Treasurer and Chief 
 Engineer, shall be submitted to the President, and when practi¬ 
 cable all instructions emanating from these officers shall be first 
 approved by him or by the Board of Managers. 
 
 Section III. 
 
 The Secretary shall keep a regular record of the proceedings of Duties «f 
 the Board, give notice to the members of all stated or special 
 meetings, attend the meetings of all standing or special committees 
 when required, and attend to such other proper duties as the 
 
6 
 
 Duties of 
 Treasurer. 
 
 Certificates 
 
 Stock. 
 
 When lost. 
 
 President or Board of Managers may require, and give the notice 
 required by law of the Annual and Special Meetings of the Stock¬ 
 holders. 
 
 Section IV. 
 
 The Treasurer shall give bonds, with one or more satisfactory 
 sureties, in such sum as the Board may from time to time require, 
 for the faithful performance of all his duties, as set forth in the 
 Act of Incorporation. He shall keep a regular set of books, con¬ 
 taining the accounts of the Company, and all the funds that may 
 pass through his hands, and keep a separate account as Treasurer 
 in such bank or banks as the Board of Managers may from time 
 to time designate. He shall make detailed reports of his receipts 
 and disbursements at each stated meeting of the Board, and at the 
 stated meeting in January of each year shall present a complete 
 statement of his accounts for the year ending on the 31st day of 
 December previous, and shall attend to such other proper duties 
 as the Board may from time to time require. His books shall at 
 all times be open to the inspection of the President or any mem¬ 
 ber of the Board. All payments shall be made by orders drawn 
 upon the Treasurer, as directed by the Act of Incorporation, and 
 all checks shall be signed by the Treasurer and counter-signed by 
 the President. 
 
 Section V. 
 
 of Certificates of Stoch shall be issued to the Stockholders, and 
 transfers made when required, said certificates to be signed by the 
 President and counter-signed by the Treasurer, and authenticated 
 by the seH of the Company. The certificates surrendered shall be 
 cancelled by the President or Treasurer, at the time of transfer, 
 and examined and reported upon monthly by the committee on 
 accounts. 
 
 x\ny person or persons, or corporation, claiming a certificate or 
 evidence of stock to be issued, in lieu of one lost or destroyed, 
 shall make an affidavit or affirmation of the fact, and advertise the 
 same in one or more newspapers in Philadelphia twice a week for four 
 weeks, describing the certificate, and shall transmit to the office of 
 the Company the affidavit or affirmation, with the advertisement, 
 and shall give the Board a bond of indemnity, with one or more 
 securities if required, in double the sum of money paid on such 
 certificate to be renewed, against any damage that may arise from 
 the issuing of a new certificate. Whereupon the President and 
 
I 
 
 Treasurer may, one month after the last advertisement, issue a 
 new certificate of the same tenor with the one alleged to be lost or 
 destroyed, therein specifying that it is in lieu thereof. 
 
 Section VI. 
 
 The Standinq Committees, to be appointed annually at the first Standing 
 
 u 1 1 r J Committee?. 
 
 stated meeting of the Board, shall be a Committee on Finance, to 
 consist of three members, a Committee on Accounts, to consist of 
 three members, and a Committee on the Read, to consist of four 
 members besides the President. 
 
 The Committee on Finance shall have a general supervision of Finance - 
 the finances of the Company, shall keep in a book a regular record 
 of their transactions, and report their proceedings to the Board at 
 each stated meeting. 
 
 It shall be the duty of the Committee on Accounts to examine Accounts, 
 and audit all bills before they are presented to the Board for pay¬ 
 ment, and to have a general supervision of the accounts of the 
 Treasurer. 
 
 k 
 
 The Committee on the Road, of which the President shall be On the Road. 
 Chairman, shall have a general oversight of the location of the 
 Road, damages to be awarded, contracts, the appointment and dis¬ 
 missal of subordinates, and every thing having reference to the 
 construction of the work, and report their proceedings monthly to 
 the Board. 
 
 Section VII. 
 
 All elections shall be by ballot, unless by unanimous consent, Elections, 
 when the vote may be taken viva voce . 
 
 No member of the Board, or any officer or agent by them em_ contracts 
 ployed, shall be directly or indirectly concerned in any contract, 
 arrangement or engagement, for doing any work or furnishing any 
 materials for the road or any part thereof. 
 
 Section VIII .—Engineer Corps. 
 
 1. There shall be a Chief Engineer, who shall have the direc¬ 
 
 tion of the department, be in communication with the 
 Board of Managers, and be responsible for the whole work. 
 
 2. Two or more Division Engineers, to be appointed by the 
 
 Board in conjunction with the Chief Engineer, to be in¬ 
 trusted with the location and construction of such divisions 
 of the road as shall be assigned them. 
 
8 
 
 By- 
 
 Imw 
 
 3. The Subordinate Engineers and Assistants shall be appointed 
 
 by the Chief Engineer, in conjunction with the respective 
 Division Engineers. 
 
 4. All questions touching location, construction or character of 
 
 the work, shall be determined by the Chief Engineer, sub¬ 
 ject to the approval of the Board. 
 
 5. 'Written reports upon the progress of the work, and upon all 
 
 points of location, or construction, shall be made by the 
 Division Engineers to the Engineer in Chief, who shall re¬ 
 port to the Board for information or approval as the case 
 may require. Such reports to be accompanied by proper 
 drawings, maps or profiles. 
 
 6. The power of dismissing subordinate members of the corps 
 
 shall be vested in the Chief Engineer, or in the Division 
 Engineer in whose division the dismission may be required, 
 in the Board, and in the Committee on the Boad. The 
 cause of dismission, in all cases, to be forthwith reported 
 to the Board of Managers. « 
 
 7. The compensation allowed to the Engineers and Assistants 
 
 shall be in full for services and expenses. 
 
 Section IX. 
 
 The Order of Business shall be as follows : 
 
 1. When a quorum appears, the President shall call the 
 Board to order. 
 
 2. The minutes shall be read, and amended if necessary. 
 
 3. Written communications read and disposed of. 
 
 4. Reports of Committees. 
 
 5. Reports of Engineers and Superintendents. 
 
 6. Treasurer’s Report. 
 
 7. Unfinished business. 
 
 8. New business. 
 
 Section X. 
 
 ‘ a , ws ’ , J\ r o alteration or amendment shall be made in these By-Laws, 
 
 altered. _ J ' 
 
 unless presented at a stated meeting, and considered at a subse¬ 
 quent stated meeting, but any By-law may be suspended by the 
 consent of not less than two-thirds of the members present. 
 
AN ACT 
 
 TO INCORPORATE THE 
 
 SUNBURY AND ERIE 
 
 AND 
 
 PITTSBURG AND SUSQUEHANNA 
 
 RAIL ROAD COMPANIES. 
 
 Section 1. Be it enacted by the Senate and House of Represen¬ 
 tatives of the Commonwealth of Pennsylvania , in General Assem¬ 
 bly met , and it is hereby enacted by the authority of the same, 
 
 That John Naglee, Robert Patterson, Benjamin W. Richards» 
 
 George Handy, Simon Gratz, William T. Smith, Cheyney Hick- Commission, 
 man, Charles Macalister, William B. Reed, John White, Robert 
 A. Parrish, William Buehler, Thomas Astley, Gerard Ralston, 
 
 Jacob Lex, Algernon S. Roberts, Samuel F. Reed, Lewis Ryan, 
 
 J. Washington Tyson, James Campbell, Thomas P. Cope, JobR. 
 
 Tyson, James F. Macaulay, Charles D. Lybrand, William A. 
 
 Crabb, Alexander L. Hodgson, John J. Krider, Charles Hinckle, 
 
 Jacob Mintzer, David Jeffries, Lewis Shinnick, John Grim, Chris¬ 
 tian Read, E. D. Martin, John Miller, Thomas Earle, Robert Do¬ 
 ran, Peter Baker, John C. Smith, A. Fougeray, Richard Tichener, 
 
 Jacob Hentz, John Hentz, Samuel Heintzleman, Edmond B. Mix- 
 sell, William A. Irvine, Godfrey Bender, Samuel Butcher, (Mason,) 
 
 Thomas F. Ashton, Joseph Rheiner, John Bender, Philip Miller, 
 senr., George W. Riter, Henry Leech, John Miller, (Cooper,) 
 
10 
 
 William Heckman, Francis J. Harper, Joseph Lake, Anthony 
 Felton, Daniel Bender, John Rheiner, Jr., D. F. Condie, L. Payn- 
 ter, S. N. Marsellis, Isaac Oakford, Benjamin Martin, Joseph 
 Dimond, G. W. Chambers, John M. Buc-hius, John Stalrnan, Ja¬ 
 cob Haas, William II. Stokes, Windham H. Stokes, William 
 Anslee, Josiah W T ood, Henry Shitzline, John Foulkrod, Alexander 
 Major, Henry Troth, of the city of Philadelphia, R. S. Reed, P. 
 S. V. Hamot, John A. Tracy, Daniel Dobbins, Josiah Kellog, 
 Edwin J. Kelso, William Fleming, Isaac G. Williams. John H. 
 Walker, Joseph S. Colt, Thomas II. Sill, Giles S ndford, William 
 Kelly of Erie, Joseph B. Anthony, William F. Packer, Dr. W. 
 R. Power, Henry Hughes, Dr. Arthur Davidson, John H. Cow- 
 den, William Wilson, Tunison Coryell, Nicholas Funston, Wil¬ 
 liam A. Petrikin, Joshua Bowman, Peter Shoemaker, Isaac Brun¬ 
 ner, James Wilson, James Gamble, Alexander Hamilton, William 
 Johnson, Junior, Robert Carson, Benjamin Hays, of Lycoming, 
 Robert Falconer, Josiah Hall, Stephen Littlefield, Obed Edson, 
 Thomas Struthers, Archibald Tanner, N. B. Eldred, G. C. Irwin, 
 
 G. A. Irvine, F. W. Brigham, of Warren county, Solomon Sart- 
 well, H. Payne, John King, Jonathan Colegrove, Asa Sartwell, 
 Orlo J. Hamlin, of McKean, Henry Shippen, David Dick, Stephen 
 Barlow, Andrew Smith, Joseph Douglass, J. Stewart Riddle, David 
 McFaddin, of Meadville, Rowletten Power, Alexander McCal- 
 mont, James Kinnear, John Evans, Janies Thompson, Joseph M. 
 Fox, Christian Myers, David Phipp, Myran Parks, William Ray¬ 
 mond, Arnold Plumer, Andrew Bowman, John W. Ilawe, of Ve¬ 
 nango county, Thomas D. Grover, Henry Leech, Thomas Sparks, 
 James Ronaldson, Walter Thompson, Robert K. Scott, Charles 
 Brower, Rees W. Flower, John Wister, Jr., Dr. George Thomas, 
 William B. Fling, of Philadelphia, BenjaminB. Smith, Robert G. 
 White, Joseph W. Guernsey, Josiah Emery, Samuel Dickinson, 
 Samuel W. Morris, of Tioga county, Abbot Green, Alexander 
 Graham, Samuel Reber, William Hays, James Geddis, John Rank, 
 Ner Middleswarlh, James Merrill, John Lashells, John Baskin, 
 John Ray, Samuel Henderson, C. M. Straub, Samuel Barber, 
 William Foster, John Cummings, Jr., James Moore, of Union 
 county, Henry Reader, David Watson, Montgomery Sweney, R. 
 
 H. Hammond, Samuel Hepburn, Henry Frick, James Hepburn, 
 Joseph R. Priestly, Hugh Bellas, C. D. Donnel, A. Jordan, E. 
 Greenough, E. Gobin, John C. Boyd, Daniel Levy, Henry Yoxt- 
 
11 
 
 heimer, Henry Masson, William Forsythe, James Dougal, Frede¬ 
 rick Lazarus, of Northumberland county, Timothy Ives, John H. 
 
 Rose, Charles Leyrnan, of Potter county, J. Noble Nesbet, Wil¬ 
 liam Ranks, Indiana county, Dr. William Darlington, William 
 Williamson, of Chester county, George L. Mayer, William Cole¬ 
 man, of Lancaster county, John Miller and William Schoener, of 
 Berks county, Henry K. Strong, David Krause, Edmund W. Ro¬ 
 berts, William Ayres, of Dauphin county, John Bannon, Burd 
 Patterson and Jacob Seitzinger, of Schuylkill county, Daniel H. 
 
 Boas, Jacob Sallade, William II. Miller, George D. B. Keim and 
 Daniel Hahn, of Berks, William Donaldson, Valentine Best, 
 
 Michael Fornwatt, and S. F. Headly, of Columbia county, A. Y. 
 
 Bright, of Northumberland county, Josiah W. Smith, Richard 
 Shaw, Peter Ritner, Benjamin Hartshorn, Thomas Hemphill, 
 
 Robert Ross, Lewis W. Smith, John Irvin, of Clearfield county, 
 
 Evan Jones, Charles F. Jenkins, Lewis Jones, Jonathan Roberts, 
 
 Daniel H. JVJulvany, Thomas Read, William H. SlinglufF, John 
 Lloyd, Samuel Tyson, aad Charles Palmer, of Montgomery county, 
 
 Charles Evans, of the city of Philadelphia, John Findley, Benjamin 
 Stokely, Bevan Pearson, John Hoge, William Maxwell, Samuel 
 Thompson, WilliamiF. Clark, James Bredin, Joseph Smith, David 
 T. Porter, Robert Stewart, Abraham Pell, Samuel Holstein, John 
 Ferker, James McKean, Joseph T. Boyd, John Fisher, Robert W. 
 
 Stuart, Ezekiel Sankey, Thomas Wilson, and Daniel Means, of 
 Mercer, or any three of them, be, and they are hereby appointed 
 Commissioners to do and perform the several things hereinafter 
 mentioned, that is to say: they shall, on or before the first day of 
 November next, procure books, one*of which shall be opened at^o procure 
 
 1 . . T books. 
 
 Northumberland, Sunbury, Milton, Williamsport, Warren, Wells- 
 borough, Clearfield, Meadville, Erie, Franklin, Harrisburg, Belle- 
 fonte, in the City of Philadelphia, in each of which they shall enter 
 as follows : “ We whose names are hereunto subscribed, do pro- Form of S ub- 
 mise to pay to the President and Managers of the Sunbury and scllp,um - 
 Erie Railroad company, the sum of one hundred dollars for every Price of 
 share or stock set opposite our respective names, in such manner ea ch. 
 and proportions, and at such times as shall be determined by the 
 president and managers of such company, in pursuance of an act 
 of the General Assembly of this Commonwealth, entitled ‘An act 
 to incorporate the Sunbury and Erie, and Pittsburg and Susque¬ 
 hanna Railroad companies. Witness our hands, the day 
 
Notice. 
 
 Who in;i) 
 subscribe. 
 
 TO,000 shares 
 whole No. 
 
 When books 
 shall be closed. 
 
 Proviso. 
 
 2d Proviso. 
 
 &I0 to be paid 
 at time of sub¬ 
 scribing. 
 
 Letters 
 
 patent. 
 
 of , one thousand eight hundred and thirty ” 
 
 and shall thereupon give notice, in at least one newspaper in each 
 of the above named places, two weeks at least, of the times and 
 places when and where the said hooks shall be kept open to re¬ 
 ceive subscriptions for the stock of said company, at which respec¬ 
 tive times and places, one or more of the commissioners shall attend 
 and permit all persons of lawful age who shall offer to subscribe in 
 the said books, in their own names, or in the name or names of any 
 other person or persons who shall authorize the same for shares in 
 the said stock, and the said books shall be kept open respectively 
 for the said purpose, at least six hours in every judicial day, for 
 the space of two days, or until there shall have been subscribed 
 thirty thousand shares; and if at the expiration of two days, the 
 books aforesaid shall not have the number of shares aforesaid therein 
 subscribed, the said commissioners may adjourn from time to time, 
 and transfer the book or books elsewhere, until the whole number 
 of thirty thousand shares shall be subscribed, of which adjournment 
 and transfer, the commissioners aforesaid shall give such public 
 notice as the occasion may require, and when the whole number of 
 shares, or more shall be subscribed, then the books shall be closed, 
 and the stock be divided equally, if more than the whole should be 
 taken, reducing the largest subscribers first, and so on, until the 
 requisite number is thereby obtained; Provided , That no person or 
 persons shall be permitted to subscribe more than fifty shares the 
 first day, after which any person may subscribe for any number of 
 shares, until the whole of the stock is taken : And provided also, 
 That no subscription shall be valid, unless the person so subscribing 
 shall pay to the said commissioners, at the time of making the same, 
 the sum of ten dollars on each and every share for the use of the 
 company. 
 
 Section 2. When six thousand shares or more of the said stock 
 shall be subscribed, and the sum of ten dollars paid on each and 
 every share as aforesaid, the commissioners, or a majority of them, 
 shall certify to the Governor, under oath or affirmation, the names 
 of the subscribers, and the number of shares subscribed by each, 
 and the sum of ten dollars on each share paid at the time of sub- 
 cribing; whereupon the Governor shall, by letters patent, under 
 his hand and the seal of the Commonwealth, create and erect the 
 subscribers, and if the subscription be not full at the time, then 
 those also who shall thereafter subscribe to the whole number of’ 
 
shares aforesaid, into a body corporate and politic, in deed and in 
 law, by the name, style and title of u The Sunbury and Erie Rail¬ 
 road Company,” and by the same name shall have perpetual suc- s *J le & title., 
 cession, with all the privileges, franchises and immunities incident 
 to a corporation, and be able to sue and be sued, implead and be & 
 
 impleaded, in all courts of record and elsewhere, and to purchase, 
 receive, have, hold and enjoy, to them and their successors, lands, 
 tenements and hereditaments, goods, chattels, and all estates, real, 
 personal or mixed, of what kind or quality soever, and the same 
 from time to time may sell, exchange, mortgage, grant, alien or 
 otherwise dispose of, and to make dividends of such portions of the 
 profits as they may deem proper, and also, to make and have a com¬ 
 mon seal, and the same alter or renew at pleasure, and also, to or- Seal * 
 dain, establish and put in execution such by-laws, ordinances and 
 regulations, as shall appear necessary and convenient for the go¬ 
 vernment of said corporation, not being contrary to the Constitu¬ 
 tion and Laws of the United States or of this Commonwealth, and 
 generally to do all and singular, the matters and things which to 
 them it shall lawfully appertain to do for the well being of the said 
 corporation, and the due management and ordering of the affairs of 
 the same ; Provided , That nothing herein contained shall be so Proviso, 
 construed as giving to the said corporation any banking, manufac¬ 
 turing or trading privileges, or any other liberties, privileges or 
 franchises, but such as may be necessary or incident to the making 
 and maintaining the said railroad, convenient construction of de¬ 
 pots, such cars, locomotives, fixtures and devices, as may be neces¬ 
 sary for the conveyance of passengers, and the transportation of the 
 mail, and of goods, merchandise and commodities thereon. 
 
 Section 3. The said named persons, or any ten of them, shall, 0r s anizat,on 
 as soon as conveniently may be after the said letters patent shall 
 be obtained, give at least twenty days previous notice, in the news¬ 
 papers herein before mentioned, of the time and place by them 
 appointed for the subscribers to meet in order to organize the said 
 company, to choose b} T a majority of votes of the said subscribers, 
 by ballot, to be given in person or by proxy, which proxy shall 
 have been obtained and bear date within three months previously 
 to the election at which such proxy shall be presented, duly au¬ 
 thorized, one president and twelve managers, all of whom shall be 
 residents of this commonwealth; that the president and managers 
 aforesaid shall conduct the business of said company until the 
 second Monday of January then next, and until like officers shall 
 
14 
 
 be chosen, and may make such by-laws, rules, orders and regula¬ 
 tions, as are not inconsistent with the Constitution and Laws of 
 the United States or of this State, and that may be necessary for 
 Proviso. the well governing the affairs of the said company: Provided, 
 
 That no person but a stockholder shall be eligible to the office of 
 president or manager. 
 
 Annual election. Section 4. [The stockholders shall meet on the second Mon- 
 
 Altered, see Act ^ 
 
 of ^rth March, day of January in every year, at such places as may be fixed upon 
 by the By-laws, of which notice shall be given at least twenty 
 days previous, by the secretary, in the newspapers before men¬ 
 tioned,] and choose, by a majority of the votes present, officers for 
 the ensuing year, as mentioned in the third section of this act, 
 who shall continue in office for one year, and until others are 
 chosen, and at such other time as they may be summoned by the 
 managers, in such manner and form as shall be prescribed by tlie 
 By-laws, at which annual or special meeting they shall have full 
 power and authority to make, alter or repeal, by a majority of the 
 votes, in the manner aforesaid, all such By-laws, Buies, Orders 
 and Begulations, as aforesaid, and to do and perform every other 
 corporate act; and the number of votes to which each stockholder 
 shall be entitled, shall be according to the number of shares he 
 Rf.tio of votes, or she shall hold, [in the proportion following: for every share 
 of 27th March,not exceeding two shares one vote; for every two shares, above 
 two and not exceeding ten shares, one vote; and for every five 
 shares above ten one vote; but no share shall confer a right of 
 suffrage, which shall not have been holden three calendar months 
 
 Proviso. 
 
 Altered, by Act 
 of 27th March, 
 KJ52. 
 
 Proxy. 
 
 Manner of con¬ 
 ducting the elec¬ 
 tion. 
 
 prior to the day of election,] nor unless it shall be holden by the 
 person in whose name it appears, absolutely and bona fide in his 
 own right, or in that of his wife, or for his or her sole use and 
 benefit, or as executor or administrator, trustee or guardian, or in 
 the right and for the use and benefit of some co-partnership, cor¬ 
 poration or society, of which he or she may be a member, and not 
 in trust for, or to the use and benefit of any other person : [ Pro¬ 
 vided , That no share held by transfer shall be entitled to vote, 
 unless the same shall have been transferred at least three months 
 before the election,] and all votes by proxies shall be on such 
 terms and conditions as prescribed by the act passed on the twenty- 
 eighth day of March, one thousand eight hundred and twenty, 
 entitled “ An Act to regulate proxies.’’ 
 
 Section 5. The election of officers provided for in the third 
 section of this act, shall be conducted in the following manner, 
 
15 
 
 that is to say : the managers for the time being shall appoint two 
 of the stockholders, not being managers, to be judges of the said 
 election, and to conduct the same, after having severally taken 
 and subscribed an oath or affirmation, before an alderman or jus¬ 
 tice of the peace, well and truly, and according to law to conduct 
 such election, to the best of their knowledge and abilities; and 
 the said judges shall decide upon the qualifications of voters, and 
 when the election is closed shall count the votes, and declare who 
 has been elected; and if it shall at any time happen, that an Neglect r.ot to 
 
 di 8 sol vc • 
 
 election of president and managers shall not be made, the cor¬ 
 poration shall not for that cause be dissolved, but it shall be law¬ 
 ful to hold and make such election of president and managers on 
 any day thereafter, by giving at least ten days notice, signed by 
 the president or secretary, in the newspapers before mentioned, of 
 the time and place of holding the said election, and the president 
 and managers of the preceding year shall in that case continue to 
 act, and be invested with all the powers belonging to their res¬ 
 pective situations, until an election shall take place; in the case vacancies how 
 of the death, resignation, or removal from the State, of the pre¬ 
 sident or any manager, his place may be filled by the Board of 
 Managers, until the next annual election. 
 
 Section 6. The said president and managers shall meet at such Meetings of the 
 times and places as shall be found most convenient for the trans- nagers" 1 & u * a 
 acting of their business, and when met five shall be a quorum, Q UOrum 
 who, in the absence of the president, may choose a chairman, and 
 shall keep the minutes of their transactions fairly entered into a Minutes, 
 book, and a quorum being formed, they shall be empowered and 
 have authority to appoint a treasurer, secretary, and all such sur- Power to appoint 
 veyors, engineers, superintendent and other'artists and officers as other 
 
 they shall deem necessary to carry on the intended work, and to ofilcers * 
 fix their salaries and wages, to ascertain the times, manner and 
 proportions in which the said stockholders shall pay the moneys 
 due on their respective shares, to regulate the drawing of orders Orders on the 
 on the treasurer for moneys, which shall be signed by the presi¬ 
 dent, or in his absence, by a majority of the managers present, and 
 countersigned by the secretary, and generally to do all such other 
 acts, matters and things, as by this Act, and by the by-laws and 
 regulations of the company, they are hereby authorized to do. fAnd Transferred t* 
 the assignee holding any such certificate, shall be a member of the ^[h’Mar if im f 
 said corporation, and for every share assigned, shall be entitled to 
 one share of the capital stock, of all the estates and emoluments 
 
16 
 
 Certificates 
 
 stock. 
 
 Of transfer. 
 
 Penalty for 
 gleet to pay 
 stalments. 
 
 Forfeiture. 
 
 Or suit. 
 
 Proviso. 
 
 of the company, incident to such share or shares, and to vote as 
 aforesaid, at the meetings thereof, and subject to all penalties and 
 forfeitures, and of being sued for the balance due, or to become 
 due on each share, as the original subscriber would have been.] 
 
 Section 7. The said president and managers first chosen, shall 
 f procure certificates or evidences of stock, and shall deliver one or 
 more certificates, signed by the president, and countersigned by 
 the treasurer, and sealed with the common seal of the said cor¬ 
 poration, to each person, for the number of shares by him or her 
 subscribed or held, which certificate or evidence of stock, shall be 
 assignable and transferable on the books of the corporation only 
 in such manner as the by-laws shall ordain, and no stockholder 
 shall be entitled, without the consent of the president and ma¬ 
 nagers, to transfer any stock until all the instalments which have 
 been called for shall be fully paid thereon. 
 
 Section 8. If after thirty days notice in the public papers 
 ne . aforesaid, of the time and place appointed for the payment of any 
 Jn ' proportion or instalment of the said capital stock, any stockholder 
 shall neglect to pay such proportion or instalment at the place ap¬ 
 pointed, for the space of thirty days after the time so appointed, 
 every such stockholder or his assignees, shall, in addition to the 
 instalment so called for, pay at the rate of two per centum per 
 month for delay of such payment, and the said president and ma¬ 
 nagers may declare any stock forfeited to the use of the company, 
 upon which any instalment shall remain unpaid for the space of 
 six months after the time appointed for the payment thereof, and 
 such forfeited stock may be sold and transferred by the said pre¬ 
 sident and managers, for the benefit of the company, to any person 
 or persons who will purchase the same, or in default of payment 
 by any stockholder, of any such instalment as aforesaid, the pre¬ 
 sident and managers may at their election, cause suit to be brought 
 before an alderman or justice of the peace, or in any court having 
 competent jurisdiction, for the recovery of the same, together with 
 the penalty aforesaid: Provided , That no stockholder, whether 
 original subscriber or assignee, shall be entitled to vote at any 
 election, or general or special meeting of the said company, on 
 whose share or shares any instalment or arrearages may be due 
 and payable more than thirty days previously to the election and 
 meeting. 
 
 Section 9. The president and managers of the said company 
 shall demand and require of and from the treasurer, and may de- 
 
17 
 
 mancl and require of and from all and every other, the officers and 
 other persons by them employed, bonds in sufficient penalties, and ® u °” d8 a ^ 
 with such securities as the said company shall by their rules, orders officers, 
 and regulations, require, for a faithful discharge of the several 
 duties and trusts to them respectively committed. 
 
 Section 10. Dividends of so much of the profits of the insti- Dividends - 
 tution as shall appear advisable to the managers, shall be declared 
 at least twice a year in every year, and paid to the stockholders 
 on demand, at any time after the expiration of ten days there¬ 
 from, but they shall in no case exceed the amount of nett profits 
 actually acquired by the company, so that the capital stock shall 
 never be thereby impaired; if the said managers shall make any 
 dividend which shall impair the capital stock of said institution, 
 the managers consenting thereto shall be liable in their individual 
 capacities to said company, for the amount of the stock so divided, 
 and each manager present when such dividend shall be declared, 
 shall be adjudged to be consenting thereto, unless lie forthwith 
 enter his protest on the minutes of the Board, and give public 
 notice thereof to the stockholders at the declaring such dividend. 
 
 Section 11. The president and managers of the said railroad 
 company shall have power to survey, lay down, ascertain, mark 
 and fix such route or routes as they shall deem expedient for a Location of road, 
 railroad, with as many sets of tracks as they may deem necessary, 
 from Sunbury, by the way of Northumberland and Williamsport, 
 by the most eligible route to the harbour of Erie, having due Termination, 
 regard to the situation or nature of the ground, and of the build¬ 
 ings thereon, the public convenience and the interest of the 
 stockholders, and so as to do the least damage to private property, 
 and the said railroad shall not pass through any burying ground 
 or place of public worship, [nor any dwelling house, without the Repealed,see Act 
 
 c , ^ n of 27tl » March, 
 
 consent ot the owners thereof, nor shall it pass through any out- 1352 . 
 building of the value of three hundred dollars, without such 
 consent; and the said president and managers shall, within six 
 months after ascertaining the route of the said railroad, cause an 
 accurate survey of the lines of said railroad to be made, a map or 
 plot of which survey they shall cause to be filed in the Secre¬ 
 tary’s office of this State, which map or plot, or a certified copy 
 thereof, shall be sufficient evidence of the course of said road, 
 which may then be opened, and all the expenses incurred there¬ 
 by shall be defrayed by said company ;] the president and ma¬ 
 nagers of the said company shall have power to survey, lay down, mT/be fKf* 
 
 9 
 
18 
 
 ascertain, mark and fix such route or routes as they shall deem 
 expedient for a railroad, with as many sets of tracks as they may 
 deem necessary, from a point in said road from Sunbury to Erie, 
 by way of Warren, Franklin, Mercer and New Castle, to Beaver, 
 or to connect with the Beaver and Conneaut railroad, at some 
 point in Mercer county. 
 
 Right of entry Section 12. That it shall be lawful for the said company and 
 
 upon lands. # r . 
 
 their agents, to enter upon any lands for the purpose of exploring, 
 surveying and locating the route of the said railroad, doing thereto 
 no unnecessary damage; and when any part of the said route shall 
 be determined by the said company, it shall be lawful for the said 
 company, their agents or contractors, to enter upon, take posses¬ 
 sion of, and use such land; and also to take from any land in the 
 neighborhood, gravel, stone, wood, or other materials, for the pur¬ 
 pose of constructing and maintaining such railroad, subject how¬ 
 ever to such compensation as said company may have agreed to 
 pay therefor, or shall be ascertained, in manner hereinafter di¬ 
 rected. 
 
 tainingdamages. Section 13. [That when the said company cannot agree with 
 
 the owner or owners of such required land, for the purchase 
 thereof, or for the damages sustained by such owner or owners, or 
 
 4of r Act*of IS as com P ensa ^ on be P a ^ toe owner or owners of any 
 
 March, 1852. materials taken as aforesaid, or where, by reason of legal incapa¬ 
 city, or absence of any such owner or owners, no such agreement 
 or purchase can be made, the court of Common Pleas of the proper 
 county, on application thereto by or on behalf of either party, and 
 at the costs and charges of the said company, shall nominate and 
 appoint twelve disinterested persons of the said county, and shall 
 issue a precept to the Sheriff of the said county, to summon the 
 said twelve persons to meet on the land so required or taken, or 
 from whence the said materials shall or may be taken, at a day to 
 be expressed in the warrant, not less than ten nor more than 
 twenty days after the date of the precept, and the Sheriff, upon 
 receiving the said warrant, shall forthwith summon the said per¬ 
 sons and give at least eight days notioe to the parties, and the 
 said Sheriff shall attend at the time and place of meeting, and 
 administer to each of the said jurors who shall attend on the case 
 of land so required, an oath or affirmation, that he will faithfully 
 and impartially value the land occupied or required for said rail¬ 
 road, or other works, and all damages which the owner or owners 
 
19 
 
 shall sustain, or may have sustained by reason of the construction 
 of the said railroad, or other works, taking into consideration the 
 advantages, as well as the disadvantages of the same to the said 
 owners, according to the best of his skill and judgment, and the 
 same in the case of materials taken, and the said persons, or any 
 nine of them, shall thereupon proceed to view the premises, and 
 hear the evidence; and their award, signed by the Sheriff and a 
 majority of the jurors actually viewing the premises, shall be 
 returned by the said Sheriff within five days thereafter, to the 
 prothonotary, to be filed of record, and the said Sheriff and jurors 
 shall be allowed the like compensation as are allowed on the ex¬ 
 ecution of an order to value real estate, in the Orphan’s court, 
 under the intestate laws of the State, and either party may, within 
 twenty days, file exceptions to the said award, which exceptions 
 shall be heard and decided by the court of Common Pleas, who 
 may either affirm or set aside the same, and if no exceptions be 
 filed, or the verdict be affirmed after exceptions, it shall have the 
 effect of a judgment against the party, and if it be set aside, anew 
 precept shall issue, as herein before provided for : Provided, 
 
 That in the subsequent proceedings, if the party excepting does 
 not recover a verdict more favorable than the verdict so excepted 
 to and set aside, such party shall pay all the costs of said proceed¬ 
 ings.] 
 
 Section 14. The said railroad shall be so constructed as not to The said railroad 
 
 • i . , ,i /» i /> ii* i shall be so con 
 
 impede or obstruct the tree use and passage ot any public road or structed as not 
 loads which may cross or enter the same ; in all cases where the ii C roads, 
 said railroad may cross, or in any manner interfere with any ex¬ 
 isting public road, canal, or slack water navigation, the said com¬ 
 pany shall make, or cause to be made, as soon as conveniently 
 may be, a good and sufficient causeway or causeways, bridge or Public cause . 
 bridges, to enable all persons passing or travelling such public waj'bridge^” 86 ’ 
 road, canals, or slack water navigation, to cross and pass said rail¬ 
 road, which bridge, or causeway or causeways, shall be made and 
 maintained by said company, and the sufficiency of the same shall 
 be judged by the supervisor or supervisors of the proper township; Penalty for n e? - 
 and if the company shall neglect or refuse to keep such causeway ways! 5 cauge ‘ 
 or causeways in good repair, they shall be liable to a penalty of 
 ten dollars, for every day the same shall be so neglected or refused 
 to be repaired, to be recovered by the supervisors of the township, 
 with costs, for the use of the township, as debts of the like amount 
 
20 
 
 Private cause¬ 
 ways. 
 
 lecting cause¬ 
 ways. 
 
 Proviso: 
 
 are by law recoverable and shall moreover be liable to all actions^ 
 at the suit of any person who may be aggrieved thereby. 
 
 Section 15. For the accommodation of all persons owning or 
 possessing land through which the said railroad may pass, it shall 
 be the duty of the said company to make, or cause to be made, a 
 good and sufficient causeway or causeways, whenever the same may 
 be necessary, to enable the occupant or occupants of said lands to 
 cross or pass over the same with wagons, carts, and implements of 
 husbandry, as occasion may require, and the said causeway or 
 causeways, when so made, shall be maintained and kept in good 
 Penalty for neg- repair by said company; and if the said company shall neglect, or 
 refuse, on request, to make such causeway or causeways, or when 
 made to keep the same in good order, the said company shall be 
 liable to pay any person aggrieved thereby, all damages sustained 
 by such person in consequence of such neglect or refusal, to be sued 
 for and recovered, before any magistrate or court having cogni¬ 
 zance thereof: Provided , That the said company shall in no case 
 be required to make, or cause to be made, more than one cause¬ 
 way through each plantation or lot of land, for the accommodation 
 of any one person owning or possessing land through which the 
 said railroad may pass ; and in the event of any private bridge or 
 causeway being converted to public use, so as to be made to ac¬ 
 commodate a public road, laid out subsequent to the passage of 
 this act, then and in such case, the company shall be forever there¬ 
 after exonerated from the duty of keeping the said bridge or cause¬ 
 way in repair: Provided further , That this act shall not be so 
 construed as to prevent the owners of land through whose pro¬ 
 perty the said railroad passes, from constructing a bridge, cause¬ 
 way, or crossing place, over or under the said railroad, in con¬ 
 formity with such as are usually made by said company. 
 
 Section 16. The company shall not prevent any person or per¬ 
 sons, being the owner or owners of land bordering on the said 
 adjacent to road, r ailroad or adiacent thereto, from making such lateral railroads, 
 
 vnav make lateral 4 v v / " 
 
 roads to connect to connect them with the said railroad, from their said lands, 
 
 With it. . 
 
 as the said person or persons may conceive necessary tor the pur¬ 
 pose of transporting merchandize, stone, timber, produce or coal, 
 upon the said railroad. 
 
 Section 17. No suit or action shall be brought or prosecuted 
 by any person or persons, for any penalties incurred under this 
 
 2 d Proviso. 
 
 Owners of land 
 
21 
 
 act, unless such suit or action shall be commenced within one year Suits, when to 
 
 be commenced* 
 
 next after the offence shall have been committed, or the cause of 
 action shall have accrued, and the defendant or defendants in such 
 suit or action may plead the general issue, and give this act and 
 the special matter in evidence, and that the same was done in pur¬ 
 suance and by authority of this act. 
 
 Section 18. That in all suits or actions brought against th e 
 said company, the service or process on any manager, toll-gatherer, service of pro- 
 or other officer of the company, shall be as good and as available ^Sec c.ofAci 
 in law as if made on the president thereof. is 5 o Iarch 27th ’ 
 
 Section 19. If any person or persons shall wilfully and know¬ 
 ingly break, injure, or destroy the railroad hereby authorized, or 
 any part thereof, or any work, edifice or device, or an}*- part thereof, 
 to be erected by the said company in pursuance of this act, he, Penalty for inju- 
 
 . . . , . , . ring the railroad. 
 
 she, or they, shall forfeit and pay to the said company, three times 
 the actual damages so sustained, to be sued for and recovered, with 
 full costs, before any tribunal having cognizance thereof, by action, 
 in the name and for the use of the said company, and shall be sub¬ 
 ject to indictment in any court of Quarter Sessions of the proper 
 county, and upon conviction of such offence, shall be punished by 
 fine and imprisonment, at the discretion of the court. 
 
 Section 20. If any person or persons shall wilfully or mali¬ 
 ciously remove or destroy any of the company’s constructions, or 
 designedly, and with evil intent, place or put any obstruction on Penalty for des* 
 the line of the railroad, so as to jeopard the safety, and endanger pany’s 5 construe, 
 the lives of persons travelling on the same, such person or persons structinn the 
 so offending, shall be deemed guilty of a misdemeanor, and shall ruad ' 
 be adjudged on conviction to be punished by fine and imprison¬ 
 ment, at the discretion of the court: Provided , That nothing Proviso, 
 herein contained shall prevent the company from pursuing any 
 other appropriate remedy at law in such cases. 
 
 Section 21. [On the completion of any part of the said road, 
 or any portion of one track, not less than ten miles, it shall and Repealed, see 
 may be lawful for the president and managers, from time to time, fs^V. 0 * March ll5 ’ 
 to ordain and establish rules and regulations for the due ordering 
 of all travelling and transportation on said road, and such portions 
 thereof as are completed, being not less than ten miles, and for 
 its preservation, with power to alter, repeal, enlarge or amend the 
 said rules and regulations, as they deem expedient, and that they 
 
Proviso. 
 
 Tolls. 
 
 Penalty for de' 
 frauding the 
 company of toll 
 
 Statement of 
 accounts to be 
 made at the 
 annual meetings 
 
 Special meetings 
 
 The capital 
 stock may be 
 increased to 
 $ 6 , 000 , 000 , 
 
 shall have full power and authority to prescribe the kinds and 
 descriptions of cars, carriages or wagons, to he used on the said 
 road, for the conveyance of passengers, and the transportation of 
 the mails, or of goods, wares, merchandize and minerals, and to 
 regulate the speed at which they shall travel, and to adopt and 
 enforce such rules and regulations in relation to the transit thereof, 
 as they may deem expedient:] Provided, That the toll on any 
 species of property shall not exceed an average of four cents per 
 ton per mile, nor upon each passenger an average of two cents per 
 mile, and the legislature reserves the right to reduce and regulate 
 the toll hereby authorized. 
 
 Section 22. If any owner or driver of any car, carriage, or 
 other conveyance, upon the said railroad, shall pass by any place 
 appointed for receiving tolls, without making payment thereof, 
 with intent to defraud the said company, he, she, or they so offend¬ 
 ing, shall forfeit and pay for every such offence, for the use of said 
 company, the sum of twenty dollars, to be sued for and recovered 
 by action of debt, before any justice of the peace, in like manner, 
 and subject to the same rules and regulations as debts under one 
 hundred dollars may be sued for and recovered, together with the 
 cost of suit. 
 
 Section 23. At each annual meeting of the stockholders the 
 president and managers of the preceding year shall exhibit to 
 , them a complete statement of the affairs and proceedings of the 
 company for such year; and special meetings of the stock- 
 
 » 
 
 holders may be called by order of the president and managers, or 
 by the president, at the request of the stockholders holding one- 
 fourth of the amount of the capital stock, in like notice as that 
 required for annual meetings, specifying moreover, the object of 
 the meeting: but no business shall be transacted at such meetings 
 except that for 'which it shall have been called, nor unless a 
 majority in value of the stockholders shall attend, in person or by 
 proxy. 
 
 Section 24. If any increase of the capital stock shall be 
 deemed necessary to improve or complete the said railroad, or any 
 of its branches, it may be lawful for the said president, managers 
 and company, at a stated or special meeting, convened for the 
 purpose, to increase the number of shares, so that the capital of 
 the said company shall not exceed six millions of dollars, and to 
 receive and demand the moneys for shares so subscribed, in like 
 manner, and under like penalties as are herein before provided for 
 
23 
 
 the original subscription, or as shall be provided for by their by. 
 laws. 
 
 Section 25. At the end of the third year after the charter 
 shall be obtained, and at the end of every year thereafter, there 
 shall be furnished to the legislature an abstract of the accounts of Abstract of ac- 
 
 ° counts to be 
 
 the company, showing the amount of capital paid in, and the debts 
 of the said company, the amounts received for tolls and transpor¬ 
 tation, the rates charged, and the amount of dividends declared, 
 which abstract shall be verified by the oath or affirmation of the Proviso - 
 president or treasurer of said company : Provided , That the com¬ 
 pany shall pay into the treasury of the commonwealth, a tax of 
 eight per centum per annum, on all dividends over eight per cent, 
 on the capital stock paid in. 
 
 Section 26. Inasmuch as it is of essential importance to en¬ 
 sure a full subscription to this railroad, with which so many 
 already chartered will be connected, the president and managers Donations and 
 
 •' 7 1 ° subscriptions of 
 
 are hereby authorized to receive and hold, for the benefit of the lands - 
 subscribers, such donations and subscriptions of lands along and 
 immediately adjoining the said railroad and its branches, as may 
 tend to ensure its speedy commencement and completion. 
 
 Section 27. If the said company shall at any time misuse or Legislature 
 
 \ ^ . may resume 
 
 abuse any of the privileges herein granted, the legislature may privileges, 
 resume, all and singular, the rights and privileges hereby granted 
 to the said corporation. 
 
 Section 28. The Legislature hereby reserve the right to pur- The legislature 
 
 “ J . may purchase 
 
 chase the railroad by this act authorized to be constructed, with the railroad. 
 
 its appurtenances, at any time after the expiration of fifty years 
 
 from the passage of this act, by paying to the said company a sum Ahered^sec^act 
 
 of money which, with the tolls received, shall equal the cost and 1852. 
 
 expenses of making and maintaining the said railroad, with an 
 
 interest of six per cent, per annum thereon. 
 
 Section 29. That Benjamin Darlington, William Bell, James 
 Thompson, N. B. Craig, James S. Craft, John Lyon, Peter Sho-ofSe^Filtlburg 
 enberger, George Miltenberger, W. W. Irvin, W. W. Fetter man, hanna"Raiiroad 
 George A. Bayard, James Boss, jr., Francis Karns, William company. 
 Little, Hugh Davis, Henry Brackenridge, John Tassey, George 
 Breed, Benjamin Weaver, Benjamin Fahnestock, James Speer, 
 
 Pollard McCormick, Bobert Greer, James B. Butler, Samuel 
 Stackhouse, James Wood, James P. Stewart, M. B. Miltenberger, 
 
 Samuel Fahnestock, Thomas Williams, J. B. McClintock, of the 
 county of Alleghany, B. B. McCabe, J. Noble Nisbet, Stewart 
 
24 
 
 Privil ges and 
 1 abilities. 
 
 Steele, Thomas Boyle, Samuel Morehead, Joseph Laughry of W., 
 Samuel Templeton, John White, William Banks, Thomas White, 
 James M. Stewart, Peter Diltz, Alen N. Work, Henry Kintner. 
 James Mc'Comb, Daniel Stanard, Ephraim Carpenter, William 
 Houston, of Indiana county, Hugh McClelland, Arnold Plumer, 
 John Evans, James Kinnear, George Brigham, Edward Pierce, 
 James B. Snow T den, of Venango county, J. Hall, Thomas Struth- 
 ers, L. Wetmore, Archibald Tanner, G. A. Irvine, of Warren 
 county, be, and they are hereby appointed commissioners, with 
 similar powers to those contained in the first section of this act, 
 (the notices to be published in such newspapers as they shall deem 
 most advisable,) and after they shall have procured subscriptions 
 of stock to the amount of two thousand shares, they shall certify 
 the same to the Governor, whose duty it shall be to issue his 
 lorated' 7 incor ’letters patent, incorporating the said stockholders, their succes¬ 
 sors and assigns, into a body corporate and politic, in deed and in 
 Name and style. j aw ^ Dame anc j style of i( The Pittsburg and Susquehanna 
 
 Railroad Company,” and by the same name shall have perpetual 
 succession, with all the privileges, franchises and immunities, and 
 subject to all the restrictions, liabilities and penalties, as by the 
 several sections of this act are provided for and imposed upon the 
 Sunbury and Erie Railroad Company. 
 
 Section 30. The president and managers of the said Pittsburg 
 and Susquehanna Railroad Company, shall have the power to 
 survey, lay down, ascertain and mark such route or routes as they 
 may deem expedient for a railroad, with as many sets of tracks as 
 they may deem necessary, from the said City of Pittsburg, along 
 the waters of the river Alleghany, and thence by the nearest, best 
 and most practicable route, so as to intersect the said Sunbury and 
 Erie Railroad, at any point they may think most advisable, either 
 on the waters of the Alleghany, or the West Branch of the Sus¬ 
 quehanna, or at any other intermediate point. 
 
 Section 31. In order that the location of said railroads may 
 not interfere with the construction by the commonwealth, of a con- 
 Sut platedby the templated canal, from the present termination of the West Branch 
 division of the Pennsylvania canal to the Alleghany river, explored 
 by Mr. Aycrigg, the proposed location of said railroads, so far as 
 the same might interfere with the construction of said canal, shall 
 be submitted to the Canal Commissioners, and the said railroads 
 shall be located in such manner, as in the opinion of the said com¬ 
 missioners, will not occupy nor obstruct the ground necessary for 
 
 Location of the 
 railroad. 
 
 Commencement. 
 
 Termination. 
 
 l.oeation not to 
 interfere with 
 the works con- 
 
25 
 
 such canal: Provided , That where the said railroads shall ap- Proviso * 
 proach or cross any canal or slack water navigation constructed by 
 the commonwealth, the location of the same, and the height of the 
 bridges, shall be approved of by the Canal Commissioners, before 
 actual operation shall be commenced. 
 
 Section 32. The said Sunbury and Erie Railroad Company 
 shall commence the construction of said railroad previous to the Time of com- 
 
 A mencement and 
 
 first day of June, eighteen hundred and thirty-eight, and complete completion. 
 
 at least two hundred miles thereof within seven years, and the 
 
 whole thereof within nine years next succeeding said first day of 
 
 June; in default whereof, all the rights and privileges by this act 
 
 to them granted shall cease, and their charter become void, Vv 'G n charter 
 
 ° ' ' ' shall become 
 
 except so far as it compels said company to make reparation for void, 
 damages. 
 
 Section 33. That the second proviso in the first section of the 
 act entitled u An Act to authorize the Governor to incorporate a 
 company to make a lock navigation on the East Branch of the ^K^urancd,., f 
 river Schuylkill,” passed the twentieth day of February, Anno Sch "> lk ' 11 - 
 Domini, eighteen hundred and twenty-six, be, and the same is Proviso repealed, 
 hereby repealed. 
 
 LEWIS DEWART, 
 
 Speaker of the House of Representatives. 
 
 J. R. BURDEN, 
 
 Speaker of the Senate. 
 
 Approved, the third day of April, Anno Domini, one thou¬ 
 sand eight hundred and thirty-seven. 
 
 JOS. RITNER. 
 
 - 
 
 A FURTHER SUPPLEMENT 
 
 TO AN ACT ENTITLED “ AN ACT TO INCORPORATE THE 
 SUNBURY AND ERIE, AND PITTSBURG AND SUSQUEHANNA 
 RAILROAD COMPANY.” 
 
 Section 1. Be it enacted by the Senate and House of Repre¬ 
 sentatives of the Commonwealth of Pennsylvania , in General As¬ 
 sembly met , and it is hereby enacted by the authority of the same, 
 That the time for commencing the construction of the Sunbury 
 and Erie Railroad shall be, and is hereby extended until the first 
 day of June, eighteen hundred and fifty one; and that at least two 
 
26 
 
 hundred miles of said road shall be completed in seven years there¬ 
 after, and the whole thereof in nine years next succeeding the said 
 first day of June, eighteen hundred and fifty-one, anything in the 
 several acts of the General Assembly of the Commonwealth, to 
 which this is a further Supplement, to the contrary notwithstand¬ 
 ing : and that the said company shall, and are hereby authorized 
 to locate and construct the said road along either side of the Sus¬ 
 quehanna river, Sinnemahoning, and on the unfinished line of the 
 West Branch canal, west of Farrandsville, that may be deemed 
 the most practicable. FINDLEY PATTERSON, 
 
 Speaker of the House of Representatives. 
 
 DANIEL L. SHERWOOD, 
 
 Speaker of the Senate. 
 
 Approved the twelfth day of February, one thousand eight hun¬ 
 dred and forty-six. FRANCIS R. SIIUNK. 
 
 AN ACT TO INCORPORATE THE SUNBITRY AND ERIE, AND 
 PITTSBURG AND SUSQUEHANNA RAILROAD COMPANY. 
 
 Section 1. Be it enacted by the Senate and House of Repre¬ 
 sentatives of the Commonwealth of Pennsylvania , in General As¬ 
 sembly met , and it is hereby enacted by the authority of the same, 
 That an election for President and Managers of the Sunbury and 
 Erie, and Pittsburg and Susquehanna Railroad company, to serve 
 during the year next succeeding the time of said election, be held on 
 due public notice according to the terms of the act incorporating 
 said company; and that said notice shall be as effectual for the 
 purpose of said election if signed by any three stockholders, as if 
 signed by the President and Secretary of the said company, any 
 thing in the act incorporating said company to the contrary not¬ 
 withstanding. 
 
 FINDLEY PATTERSON, 
 Speaker of the House of Representatives. 
 DANIEL L. SHERWOOD, 
 
 Speaker of the Senate. 
 Approved the fourteenth day of March, one thousand eight hun¬ 
 dred and forty-six. 
 
 FRANCIS R. SHUNK. 
 
27 
 
 A FURTHER SUPPLEMENT 
 
 TO AN ACT ENTITLED “ AN ACT TO INCORPORATE THE SUN- 
 
 BURY AND ERIE AND PITTSBURGH AND SUSQUEHANNA 
 
 RAILROAD COMPANIES,” PASSED THE THIRD DAY OF APRIL, 
 
 ONE THOUSAND EIGHT HUNDRED AND THIRTY-SEVEN. 
 
 Section 1. Be it enacted by the Senate and House of Repre. 
 sentatives of the Commonwealth of Pennsylvania in General As- 
 sembly met , and it is hereby enacted by the authority of the same , 
 
 That the Directors of said Companies shall have full power and &c ' 
 
 authority to purchase and place on the said railroads, all locomo¬ 
 tives, machines, vehicles, carriages, and teams of any kind what¬ 
 soever which they may deem proper and necessary for the purposes 
 of transportation, and have full power to transport passengers, 
 goods, minerals, merchandise and other articles, and to receive 
 and collect freight and tolls therefor : Provided , That if the Proviso - 
 said engines or other vehicles be so used as to render unsafe tra¬ 
 velling on any canal or public road now laid out, the legislature 
 may enact such regulations therefor as will prevent and obviate 
 such danger. 
 
 Section 2. That the twenty-first section of the act to which 2 m section form- 
 
 i ^ er act repealed. 
 
 this is a further supplement, except the proviso to said section, be 
 and the same is hereby repealed. 
 
 Section 3. That the Sunbury and Erie Railroad Company so 
 soon as ten consecutive miles or more of their said road is comple-^Jj^ compu¬ 
 ted over any section of the line of said road, are hereby authorized S’iSJomonv^s^ 
 to run cars and locomotives and collect tolls on said road, and do ihen^iVmVil-s 
 all other acts and things as fully and effectually as if the whole are com i ,lcte(l - 
 road were completed. 
 
 JAMES COOPER, 
 
 Speaker of the House of Representatives. 
 
 CHARLES GIBBONS, 
 
 Speaker of the Senate . 
 
 Approved the fifteenth day of March, one thousand eight hun¬ 
 dred and forty-seven. 
 
 ; 
 
 F. R, SHUNK. 
 
28 
 
 A FURTHER SUPPLEMENT 
 
 TO AN ACT ENTITLED “ AN ACT TO INCORPORATE THE SUN¬ 
 BURY AND ERIE AND PITTSBURG AND SUSQUEHANNA RAIL¬ 
 ROAD COMPANIES.’’ PASSED THE THIRD DAY OF APRIL, 
 ONE THOUSAND EIGHT HUNDRED AND THIRTY-SEVEN. 
 
 cash. 
 
 Corporations 
 represented at 
 elections. 
 
 Section 1. Be it enacted by the Senate and House of Repre- 
 su°bscribe°for ma ' sentatives of the Commonwealth of Pennsylvania , in General As¬ 
 sembly met, and it is hereby enacted by the authority of the same , 
 That it shall be competent to the corporate or constituted authori¬ 
 ties of any municipal or other corporation in the Commonwealth 
 to subscribe for shares in the capital stock of the Sunbury and 
 Erie Railroad Company, and to borrow money to pay therefor, and 
 to make provision for the payment of the principal and interest of 
 loam reedved as money so borrowed. The certificates of loan or bonds which 
 maybe issued by said corporations bearing an interest of six percent, 
 per annum, payable half yearly, may be received as cash by the Sun¬ 
 bury and Erie Railroad Company, in payment of any part or the 
 whole amount of the shares subscribed by the corporations issuing 
 said certificates or bonds, and any corporation holding shares of 
 stock may be represented at elections and meetings of the said 
 Company by agents duly authorized by and acting under resolu¬ 
 tions passed by the constituted authorities thereof. Provided, 
 that any corporation that shall be possessed of five thousand shares ? 
 or more, in the capital stock of said Company, shall, in lieu of vo¬ 
 ting at the general elections of said company, be entitled to elect, 
 by the constituted authorities thereof, one manager for each and 
 every five thousand shares held by said corporation. Provided, 
 that no corporation shall elect more than three managers, and that 
 a majority of the Board of Managers shall at all times be elected 
 by the private stockholders; if at any time corporations shall be 
 entitled, under this provision, to more than six managers, then the 
 number of managers to which such corporations are entitled, shall 
 be reduced in such manner as shall be determined upon by the 
 No certificate ofmanagers in office. Provided, that no certificate of such loans 
 $ 100 . ' ‘ shall be issued for a less sum than one hundred dollars. 
 r Section 2. That the President and Managers of the Sunbury 
 
 Company may _ ° . J 
 
 P.y interest on and Erie Railroad Company be and are hereby authorized to pay 
 to the shareholders entitled to receive the same, in the months of 
 
 Holding 5000 
 shares to elect a 
 manager. 
 
 P roviso 
 
29 
 
 January and July, in each year, interest at the rate of six 
 per centum per annum on all instalments paid by them after the 
 passage of this Act, and continue to pay the same till the road 
 shall be completed, and the profits or earnings of the said Rail¬ 
 road, within the same time, shall be credited to the cost of con¬ 
 struction, and all interest paid shall be charged to the cost of con¬ 
 struction. Provided, that the interest shall not be paid upon 
 any share of stock upon which any instalment which has been 
 called for remains unpaid. Provided further , that the stock of not t0 t,e 
 the said Company shall not he subject to any tax in consequence of 
 the payment of the interest hereby authorized, nor until the nett 
 earnings of the Company shall realize at least six per centum per 
 annum upon the capital invested. 
 
 JOHN S. RHEY, 
 
 Speaker of the House of Representatives. 
 
 JOHN H. WALKER. 
 
 / 
 
 Speaker of the Senate. 
 
 Approved the tenth day of February, one thousand eight hun¬ 
 dred and fifty-two. 
 
 WILLIAM BIGLER. 
 
 Pennsylvania , ss. 
 
 I hereby certify, that the foregoing and annexed is a true and 
 correct copy of the original Act of the General Assembly, as the 
 same remains on file in this office. 
 
 In testimony whereof, I have hereunto set my hand and caused 
 the seal of the Secretary’s office to be affixed at Harrisburg, this 
 tenth day of February, A. D., one thousand eight hundred and 
 fifty-two. 
 
 Signed, E. W. HUGHES, 
 
 Secretary of the Commonwealth. 
 
 A FURTHER SUPPLEMENT 
 
 TO AN ACT ENTITLED “ AN ACT TO INCORPORATE THE 
 SUNBURY AND ERIE, AND PITTSBURG AND SUSQUEHANNA 
 RAILROAD COMPANIES.” 
 
 Section 1. Be it enacted by the Senate and House of Repre¬ 
 sentatives of the Commonwealth of Pennsylvania in General 
 Assembly met, and it is hereby enacted by authority of the same> 
 
30 
 
 Annual meetings 
 
 Each share to 
 have one vote. 
 
 Notices of 
 meetings. 
 
 Repealing part 
 of lith section. 
 
 Mode of ascer¬ 
 taining damages. 
 
 Court shall ap¬ 
 point 5 viewers. 
 
 That the annual meetings of the stockholders shall be held on the 
 second Monday in February instead of January, and each share of 
 stock subscribed, and upon which one or more instalments shall 
 have been paid, or which has been held by transfer for more than 
 thirty days, shall entitle the holder thereof to one vote at any 
 election for each and every share so held : Provided , That a viva 
 voce vote of a majority of the stockholders present at a meeting 
 shall decide all other questions, unless a vote by stock is demanded 
 before the question is taken, and the demand sustained by one- 
 third of the stockholders present or by any twenty thereof: Pro¬ 
 vided , also, That no share of stock shall confer a right of suffrage 
 upon which any instalment remains due and unpaid. Hereafter all 
 notices of annual and other meetings of stockholders, and of the 
 times and places appointed for the payment of any portions or in¬ 
 stalments of the capital stock, shall be published in at least three 
 daily papers published in the city of Philadelphia and elsewhere, 
 as the board shall direct, and such publication shall be sufficient 
 notice to stockholders. 
 
 Section 2. That the words “ and the assignee” andall there¬ 
 after in section sixth of the act to which this a supplement, pro¬ 
 perly belong to and are a part of the seventh section, and they are 
 hereby transferred to the end of the said seventh section. 
 
 Section 3. That all after the words “or place of public wor¬ 
 ship,” in the eleventh section of the said act, to and including the 
 words “shall be defrayed by the said company,” be and the same 
 are hereby repealed. 
 
 Section 4. That when the Sunbury and Erie Railroad Com¬ 
 pany cannot agree with the owner or owners of any lands or 
 materials, for the compensation proper for the damage done or 
 likely to be done to or sustained by any such owner or owners of 
 such lands or materials, which said company may enter upon, use, 
 or take away in pursuance of the authority given them by the act 
 to which this is a supplement, or by reason of the absence or legal 
 incapacity of any such owner or owners, no such compensation can 
 be agreed upon; the Court of Common Pleas of the proper count}', 
 on application thereto by petition, either by said company or 
 owner or owners, or any one in behalf of either, shall appoint 
 five disinterested persons of the next adjoining county or counties, 
 none of whom shall be residents of any of the counties through 
 which said railroad shall pass, and fix a time not less than 
 twenty or more than thirty days thereafter for said viewers to 
 
31 
 
 meet upon the premises where the damages are alleged to be sus¬ 
 tained, 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 having been first sworn or affirmed, by some To he s " orn or 
 power competent to administer oaths, faithfully, justly, and im¬ 
 partially to decide, and true report to make concerning all the 
 matters and things to be submitted to them, and in relation to 
 which they are authorized to inquire in pursuance of the provi- ’ 
 sions of this act, and having viewed the premises, shall estimate 
 and determine the quantity, quality, and value of said lands so 
 taken or occupied, or to be taken and occupied, or the materials so 
 used or taken away, or to be used or taken away, as the case may 
 be, and having a due regard to and making just allowances for the 
 advantages which may have resulted, or which may result to the 
 owner or owners of said lands or materials, in consequence of the 
 opening or making of said railroad, or the construction of works 
 connected therewith ; and after having made a fair and just com¬ 
 parison of said advantages, or disadvantages, they shall estimate 
 and determine whether any, and if any, what amount of damages Report daamges. 
 have been sustained, or may be sustained, and to whom payable, 
 and make report thereof to the Court; if any damnges be awarded, 
 and the report be confirmed by said court, judgment shall be en¬ 
 tered therein, and if the amount thereof be not paid, execution 
 may issue thereon, as in other cases of debt, for the sum so 
 awarded, and the cost and expenses incurred shall be defrayed by 
 said railroad company. 
 
 Provided. That nothing herein contained, shall authorize the Not '<>enter <>•» 
 
 ° 7 # land without 
 
 said company to enter upon any lands or take any property, with- compensation. 
 
 out making compensation to the owners of said property, or giving 
 
 adequate security therefor. Provided further, That the said viewers ^ ^ 
 
 shall be entitled to receive as a compensation two dollars per day, 
 
 while engaged in said business; that one or more of said viewers Ma >' adjourn. 
 
 shall have power to adjourn from day to day, and that a majority 
 
 of the said viewers, so appointed, shall have power to view and vSTmi 
 
 assess damages, and to report as fully and with like effect as 
 
 though all were present. And provided further , That a penalty 
 
 of ten dollars be imposed on any of the said viewers who shall ^ s nal / 0 y p or JJ^ t 
 
 neglect or refuse to attend, after appointment and due notice, at tenilance * 
 
 the time and place named, unless unavoidably prevented, said 
 
 penalty to be recoverable before any justice of the peace, as debts 
 
 of similar amount are recoverable, for the use of the person suing 
 
Company may f or same> Provided, further, That if the proper officer of said 
 
 tender damages. ./ 7 11 
 
 company, at any time before application made by either party for 
 the appointment of viewers in the manner hereinbefore mentioned 
 directed, shall tender to the owner or owners of said lands or ma¬ 
 terials, a sum of money, in full compensation for his or their said 
 damages, said company shall not be liable for costs on any sub¬ 
 sequent proceedings, unless such owner or owners of land or 
 materials shall be awarded a larger sum than the previous tender 
 of said company. Provided ’, That no damage shall be collected, 
 
 ejaim to be made unless a claim shall be made within six months from the date of 
 
 ^within 0 ipontbs. 
 
 the commencement of the work upon any such property. 
 
 Section 5. That if said railroad company shall find it necessary 
 
 C ubiic e road Slte ° f t° c ^ aD g e s i te an y portion of any turnpike or public road, 
 they shall cause the same to be reconstructed forthwith at their own 
 proper expense, on the most favorable location and in as perfect a 
 manner as the original road. Provided, that the damages in¬ 
 curred in changing the location of any road authorized by this 
 section, shall be ascertained, and paid by said company, in the 
 same manner as is provided for in regard to the location and con¬ 
 struction of their own road. 
 
 Section 6. That whenever a service of process in any suit or 
 action against the company, is made upon any other officer of the 
 company than the President, a copy of said service shall be forth¬ 
 with mailed to the President, addressed to the office of the 
 company. 
 
 if Legislature re- Section 7. That in case the Legislature should at any time ex- 
 
 sume road, pay 8 ° J 
 
 percent, oncost. erc i se the right of purchasing said railroad or of resuming the 
 rights and privileges granted to the said company from any cause, 
 the said company shall be paid a sum of money, which, with the 
 tolls received, shall equal the cost and expenses of making and 
 maintaining the said railroad, with an interest of eight per cent, 
 per annum thereon. 
 
 Company may Section 8. That the said company may run their cars and 
 
 run cars, &c., * J J 
 
 over other roads, locomotives over the said road and its branches, and over any other 
 railroads which at any time may connect either directly or by 
 means of other roads therewith, in such manner as may form com¬ 
 plete railroad connections between the cities of Philadelphia and 
 Erie, under such arrangements as may be mutually agreed upon, 
 and which the said company, as general transporters of passengers 
 and freight between said cities and intermediate places, may deem 
 expedient for economy or the better accommodation of the public. 
 
 Copy of service 
 to be mailed to 
 President. 
 
33 
 
 Section 9. That the said company shall have power to con-May construct 
 struct lateral and branch roads from the line of their road at form connec- 
 Southward, or Eastward from Williamsport, to intersect any other ladeiphia. 
 railroads by means of which the said company may be enabled to 
 form connections with the city of Philadelphia, by way of the 
 valley of the Schuylkill, or as hereafter provided, by way of the 
 valley of the Susquehanna : Provided , That on any road that may Proviso, 
 be made between Sunbury and Harrisburg, the same tax be and 
 is hereby imposed, as is now or may hereafter be imposed by law 
 on the Susquehanna railroad; and, provided further, That if the 
 Susquehanna Railroad Company shall fail to put that portion of 
 the line of their road under contract, between Bridgeport and 
 Sunbury, within one year from the passage of this act, and com¬ 
 plete the same within two years thereafter, then and in that case 
 the Sunbury and Erie Railroad Company is hereby authorized to 
 extend their road from Sunbury by the valley of the Susquehanna, 
 to connect with the Pennsylvania Railroad at such point as may 
 be deemed most expedient by the said company, on the same 
 terms and conditions that they are now authorized to construct 
 the main line of their road between Sunbury and Erie. 
 
 Section 10. That if the said company shall construct a rail- PoiuU on load> 
 road from Bridgeport or Harrisburg to Sunbury, under the pro¬ 
 visions of this act, they shall make the towns of Dauphin, Hali¬ 
 fax and Millersburg in Dauphin county, and Georgetown in 
 Northumberland county, points on said road. 
 
 Section 11. That, inasmuch as the construction of this rail* Pr °i ,crt y exe, "P l 
 
 7 _ from State taxes. 
 
 road will tend to develope the resources and increase the revenue 
 of the Commonwealth, the property which the said president and 
 managers hold or may acquire under the charter, for the benefit 
 of the’stockholders, shall be exempt from taxation for State pur¬ 
 poses till the road is completed : Provided, That such exemption 
 shall not extend to a period longer than five years from the pas¬ 
 sage of this supplement. 
 
 Section 12. That it shall be competent to the corporate autho- convey wateriotl 
 rities of the city of Erie, to convey to the said Sunbury and Erie 
 Railroad Company, any of the water lots held by the said city, 
 either as a donation or for a price which may be agreed upon, and 
 nothing in any previous act or resolution concerning said lots 
 shall be so construed as to prevent such a conveyance. 
 
 Section 13. That anything in the original act, or any of the 
 
 3 
 
34 
 
 preceding supplements of the said act, to which this is a supple¬ 
 ment, inconsistent with this act, be, and the same are hereby 
 repealed. 
 
 John S. Riiey, 
 
 Speaker of the Ho?ise of Representatives. 
 
 John H. Walker, 
 
 Speaker of the Senate. 
 
 Approved the twenty-seventh day of March, A. D. one thou¬ 
 sand eight hundred and fifty-two. Wm. Bigler. 
 
 An Act to incorporate the Joknstoum ancl Armagh Flank Road 
 Company; to authorize the construction of a State road in the 
 Counties of Bedford and Cambria ; construing the first section 
 of the Supplement to the Charter of the Sunbury and Erie 
 Railroad Company . 
 
 Section 10. That the first section of the supplement to the 
 Charter of the Sunbury and Erie Rail Road Company, approved 
 February 10th, one thousand eight hundred and fifty-two, shall be 
 so construed as to authorize a majority of the constituted or cor¬ 
 porate authorities of any municipal corporation, except the districts 
 of Spring Garden and Northern Liberties, in the county of Phila¬ 
 delphia, to subscribe to the stock of the said Company, and to 
 issue bonds in payment therefor. 
 
 Approved the fourth day of May, Anno Domini one thousand 
 eight hundred and fifty-two. 
 
35 
 
 AN ACT 
 
 TO AUTHORIZE THE SUNBURY AND ERIE RAILROAD COMPANY 
 
 TO BORROW MONEY. 
 
 Section 1. Be it enacted by the Senate and House of Repre¬ 
 sentatives of the Commonwealth of Pennsylvania in General As¬ 
 sembly met, and it is hereby enacted by the authority of the same, 
 
 That to enable the Sunbury and Erie Railroad Company to complete £ b Siroad 
 and equip their road, the said company shall have authority to p ° wer 
 
 borrow any sum or sums of money, not exceeding four millions of money ' 
 dollars, on the bonds of the said company, secured by mortgage of 
 the whole or part of their property and estate, real and personal, 
 and the corporate franchises thereto belonging, upon such rates of 
 interest as may be agreed upon; and the said company are authorized 
 to sell and dispose of the said bonds within or beyond this Common¬ 
 wealth, at such rates above or below par as may be agreed upon 
 between the parties, and such sale shall be as valid as if sold at par : 
 
 Provided, That no bond shall be issued by said company for a less Proviso, 
 sum than one hundred dollars : And provided further, That the 
 said bonds may be made convertible into the stock of the said com¬ 
 pany at par, which stock the said company are authorized to issue 
 when required. 
 
 Section 2. That it shall be the duty of said company to termi- Duty, 
 nate their road at the harbor of Erie. 
 
 Section 3. That the said Sunbury and Erie Railroad Company i ncreaS e 0 f 
 be and they are hereby authorized to increase their capital stock two capital st0tk ' 
 millions of dollars in addition to that now authorized by law. 
 
 W. P. SCHELL, 
 
 Speaker of the House of Representatives. 
 
 THEO. CARSON, 
 
 Speaker of the Senate. 
 
 Approved the fifteenth day of April, Anno Domini one thousand 
 eight hundred and fifty-three. 
 
 WM. BIGLER. 
 
 4 
 
36 
 
 May borrow 
 money. 
 
 May increase 
 capital stock. 
 
 Extension 
 of road. 
 
 AN ACT 
 
 RELATING TO THE SUNBURY AND ERIE RAILROAD COMPANY. 
 
 Section 1. Be it enacted by the Senate and House of Repre¬ 
 sentatives of the Commonwealth of Pennsylvania in General Ms- 
 sembly met , and it is hereby enacted by the authority of the same , 
 That for the purpose of constructing and equipping the Sunbury 
 and Erie Railroad, the said Sunbury and Erie Railroad Company is 
 authorized to borrow money and to issue their bonds, (in sums cf 
 not less than one thousand dollars each,) at such rates of interest 
 and on such terms as may be determined by the Board of Managers, 
 and to secure the payment of said bonds by executing and delivering 
 to such trustee or trustees as they may select, a mortgage or mort¬ 
 gages of all or any part of their estate, real and personal, rights, 
 liberties and franchises; and further, if they think proper, to make 
 the said bonds convertible into stock at par, which stock they are 
 hereby authorized to issue when required. 
 
 Section 2. That the Sunbury and Erie Railroad Company are 
 hereby authorized to increase their capital stock two millions of 
 dollars in addition to the amount now authorized by law. 
 
 W. P. SCHELL, 
 
 Speaker of the House of Representatives. 
 TIIEO. CARSON, 
 
 Speaker of the Senate. 
 
 Approved the eighteenth day of April, one thousand eight hun¬ 
 dred and fifty-three. 
 
 WJM. BIGLER. 
 
 AN ACT 
 
 RELATING TO TIIE SUNBURY AND ERIE RAILROAD COMPANY, 
 AND THE CLEVELAND, PAINESVILLE AND ASHTABULA RAIL¬ 
 ROAD COMPANY. 
 
 Section 1. Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania in General Assembly 
 met , and it is hereby enacted by the authority of the same, That 
 the Cleveland, Painesville, and Ashtabula Railroad Company, as 
 
37 
 
 incorporated under an act of the General Assembly of the State of 
 Ohio, passed the eighteenth day of February, Anno Domini one 
 thousand eight hundred and forty-eight, entitled 11 An Act to incor¬ 
 porate the Cleveland, Painesville, and Ashtabula Railroad Com¬ 
 pany/’ and an act supplementary thereto, passed December tenth, 
 
 Anno Domini one thousand eight hundred and fifty, be and they 
 are hereby authorized to construct and use a railroad, with one or 
 more tracks, commencing at and in the city of Erie, thence extend¬ 
 ing south-westwardly, by the most practicable route, on or along the 
 Franklin Canal Railroad, to a point on the State line of Ohio, where 
 it may connect with the Cleveland, Painesville and Ashtabula Rail¬ 
 road, subject to the provisions of an act regulating railroad compa- gubj . ect toprovi- 
 nies, passed the nineteenth day of February, Anno Domini one ^ c ° t ns 01 celUm 
 thousand eight hundred and forty-nine, and that they be and are 
 hereby authorized to connect their road with any railroad or railroads 
 legally authorized to come to or to lay a road within the limits of 
 the city of Erie : Provided , That all such connections shall wholly rroviso. 
 cease so soon as the Sunbury and Erie Railroad Company shall have 
 a track or tracks open for use leading into said city, unless they 
 shall also make a connection therein with said Sunbury and Erie 
 Railroad, at the depots of the said last named company. 
 
 Sections. That the said Cleveland, Painesville and Ashtabula \ nt hor:zedto 
 Railroad, be and they are hereby authorized and required to pur- certain raUroad. 
 chase the railroad now constructed from the city of Erie to the Ohio 
 State line, and all the right or interest of the Franklin Canal Com¬ 
 pany, or any other parties in and to the same, with its appurtenances 
 and the right of way, and all other rights and property connected 
 therewith, and shall also purchase any shares of the said original 
 Franklin Canal Company’s stock at par, and pay the interest and 
 principal on all bonds of said company, according to their tenor ) 
 and thereafter the said Cleveland, Painesville and Ashtabula Rail¬ 
 road Company may use and enjoy the said railroad and its appurte¬ 
 nances, with a full release of any and all rights and claims of the 
 Commonwealth thereto or therein; and the said Franklin Canal 
 Company is authorized to make such sale and transfer to said Cleve¬ 
 land, Painesville and Ashtabula Railroad Company. 
 
 Section 3. That the said Cleveland, Painesville and Ashtabula Duties of 
 Railroad Company shall extend the track or tracks of their road, 
 equal in all respects, except grades, to the main track, from a point 
 west of Liberty street, being the western boundary of the city of 
 
38 
 
 Terms and 
 conditions. 
 
 Erie, north-eastwardly by the most practicable route, to the harbor, 
 of Erie, at or near depot grounds of the Sunbury and Erie Railroad 
 Company, and have the same opened and ready for use within two 
 years, or sooner if the said Sunbury and Erie, or any other railroad 
 coming from an eastwardly direction, shall have one or more tracks 
 completed to the said harbor : Provided , That the Sunbury and 
 Erie Railroad Company shall grant such use of their depot grounds 
 as may be agreed upon between the parties, and that the city of 
 Erie shall grant free the right of way over and along such public 
 streets or public grounds as may be required for the track or tracks 
 of said road to the harbor. 
 
 Section 4. That all the privileges and immunities granted to the 
 said Cleveland, Painesville and Ashtabula Railroad Company, in 
 and by this act, are granted upon the following terms and condi¬ 
 tions, namely : 
 
 First. The said Cleveland, Painesville and Ashtabula Railroad 
 Company shall make such connection between their railroad and 
 that of the Sunbury and Erie Railroad Company, at or near the 
 city of Erie, as may be best adapted to the safe, cheap, and ready 
 transferring of cars, passengers, baggage and freight, from one road 
 to the other, so soon as the western division of the said Sunbury 
 and Erie Railroad shall be finished, and that so soon as the said 
 Sunbury and Erie Railroad Company shall have laid down a track of 
 road from Sunbury to Erie, then and thereafter the said Cleveland, 
 Painesville and Ashtabula Railroad Company shall run their freight 
 and passenger trains to the depots of the Sunbury and Erie Railroad 
 Company, and from then and thereafter shall not grant, furnish, or 
 allow to any company whose railroad shall terminate at or pass through 
 or near the city of Erie, nor to any company cr companies whose 
 road or roads shall connect with or be contiguous to such road ter¬ 
 minating at or passing though or near the city of Erie, any facilities, 
 privileges or advantages which are not equally granted and furnished 
 to the Sunbury and Erie Railroad Company, nor give or furnish, or 
 permit to be given or furnished, by any agent, or by any person or 
 persons, company or companies, using their road directly or indi¬ 
 rectly, any inducement of any kind whatever to any party to travel 
 or to send or forward property or mail matter in either direction, 
 on or over any railroad so terminating at or passing through or near 
 the city of Erie, or connecting or contiguous therewith, in prefer¬ 
 ence to travelling or sending, or forwarding such property or mail 
 
89 
 
 r 
 
 matter on or over the said Sunbury and Erie Railroad; and all pas¬ 
 sengers, property, and mail matter passing over the said Sunbury 
 and Erie Railroad, or destined to pass over the same, shall be re¬ 
 ceived and despatched by the said Cleveland, Painesville and Ash¬ 
 tabula Railroad Company, with all proper and reasonable speed and 
 despatch : Provided , That the Commonwealth hereby reserves the 
 right, at any time that may be deemed necessary to protect her 
 interest, to impose such taxes on the Cleveland, Painesville and Ash¬ 
 tabula Railroad Company as may be imposed by any general tax law 
 upon all the railroads of this Commonwealth. 
 
 Second. The said Cleveland, Painesville and Ashtabula Railroad 
 Company shall, before exercising any of the rights or franchises 
 hereby granted, subscribe for five thousand shares of the capital 
 stock of the Sunbury and Erie Railroad Company, to be paid for in 
 the bonds of the said Cleveland, Painesville and Ashtabula Railroad 
 Company, as hereinafter authorized to be issued, bearing seven per 
 centum per annum interest, payable half yearly, the principal paya¬ 
 ble in twenty years, to be secured by a mortgage of all their pro¬ 
 perty, rights and franchises, and which shall be a first lien or mort¬ 
 gage on that part of their property in Pennsylvania, and on the 
 rights and franchises granted or to be granted by this act; said 
 mortgage to be executed to such trustees as shall be satisfactory to 
 the said Sunbury and Erie Railroad Company; the payments in 
 bonds on account of such subscription to be made and stock issued 
 therefor in the same proportions and at the same times that the city 
 of Philadelphia shall make their payments on their second subscrip¬ 
 tion of ten thousand shares to the capital stock of the said Sunbury 
 and Erie Railroad Company, which said five thousand shares of 
 stock, unless otherwise agreed to by both parties, shall be inaliena¬ 
 ble until the maturity of the bonds given in payment therefor, and 
 so declared on the face of the certificate for the same ; and in all the 
 elections or stock votes of the Sunbury and Erie Railroad Company 
 one thousand six hundred and sixty-seven shares, and no more may 
 be voted upon by the said Cleveland, Painesville and Ashtabula 
 Railroad Company. 
 
 Third. That at least three of the directors of the said Cleveland, 
 Painesville and Ashtabula Railroad Company, shall be citizens of 
 the Commonwealth of Pennsylvania. 
 
 Section 5. That said Cleveland, Painesville and Ashtabula Rail- Bonds to be 
 
 issued. 
 
 road Company be and they are hereby authorized to issue their 
 
40 
 
 Neglpct or re¬ 
 fusal to perform 
 
 bonds in sums of not less than one hundred dollars each, bearing 
 interest at the rate of seven per centum per annum, payable half 
 yearly, to be secured by a mortgage or deed of trust of all their pro¬ 
 perty, rights and franchises, to the amount of five hundred thousand 
 dollars, and the said Sunbury and Erie Railroad Company are hereby 
 authorized to receive said bonds at par in payment, as before pro¬ 
 vided, for the subscription to their stock hereinbefore authorized and 
 directed to be made. 
 
 Section 6. That if the said Cleveland, Painesville and Ashtabula 
 
 wurkaforfeiture I^ a ^ roa 4 Company shall, in any respect, knowingly and intention- 
 ofprivileges. a ]iy re f use or neglect to perform and comply with all and singular 
 
 the terms and conditions hereinbefore recited and imposed, the fact 
 of such refusal or neglect having been adjudged by a court of com¬ 
 petent jurisdiction, then and in such case all the rights, privileges, 
 powers and immunities granted to said company by this act, or in- 
 Proviso. tended so to be, shall forthwith cease and determine : Provided, 
 That nothing herein contained shall be construed to release the Cleve- 
 land, Painesville and Ashtabula Railroad Company from liability to 
 the Sunbury and Erie Railroad Company, by reason of such refusal 
 or neglect, but the said Sunbury and Erie Railroad Company may, 
 from time to time, recover from said Cleveland, Painesville and Ash¬ 
 tabula Railroad Company such damages as they may sustain there¬ 
 from. 
 
 Section 7. That immediately upon the passage of this act, the 
 Assignment. Susquehanna and Erie Railroad Company may assign and transfer 
 to the Sunbury and Erie Railroad Company all their estate and 
 effects, rights, liberties and franchises, and from and after such 
 transfer and assignment, duly executed under their corporate seals, 
 the said Sunbury and Erie Railroad Company shall become vested 
 with all the. estate and effects of the said Susquehanna and Erie 
 Railroad Company, and shall and may exercise and enjoy all the 
 rights, privileges, and franchises of said company in their own name, 
 and in addition to those now enjoyed or possessed by themselves, as 
 fully as though the same had been directly granted to the said Sun- 
 Proviso. bury and Erie Railroad company : Provided, That if the said Sun¬ 
 bury and Erie Railroad Company shall, under the rights and fran¬ 
 chises transferred to them by the said Susquehanna and Erie Rail¬ 
 road Company, or under any other legislative authority, construct a 
 railroad leading from the city of Erie to the Ohio State line, parallel 
 with the said Cleveland, Painesville and Ashtabula Railroad, or shall 
 
41 
 
 connect with any other such railroad, then and in such case the said 
 Sunbury and Erie Railroad Company shall pay to the said Cleveland, 
 
 Painesville and Ashtabula Railroad Company so much as may have 
 been paid on account of the said subscription of five thousand shares 
 of stock, either in cash or in the bonds as aforesaid, at the option of 
 said Sunbury and Erie Railroad Company; and thereupon the said 
 Cleveland, Painesville and Ashtabula Railroad Company shall de¬ 
 liver up the certificates of stock issued to them, to be canceled, and 
 thenceforth the said Cleveland, Painesville and Ashtabula Railroad 
 Company shall be and they are hereby authorized to exercise all the 
 rights and privileges hereinbefore granted or intended so to be, 
 freed and discharged from all and singular the terms and conditions 
 hereinbefore imposed and provided. 
 
 Section 8. That before exercising any of the rights and iinmuni- Notice to be 
 ties hereby granted to the Cleveland, Painesville and Ashtabula 6 i ' eninwntin s 
 Railroad Company and to the Sunbury and Erie Railroad Company, 
 respectively, either company shall give to the other notice in writing, 
 under their respective corporate seals, that they accept this act, 
 and agree to become bound by all the provisions and conditions 
 therein contained ) and immediately, upon either of said companies 
 giving such notice to the other, then such company shall forthwith 
 be and become entitled to all the benefits, rights, privileges and im¬ 
 munities granted by the act, subject, however, to the performance 
 of the terms, provisions, and conditions therein contained. 
 
 E. B. CHASE, 
 
 Speaker of the House of Representatives. 
 
 M. 1VPCASLIX, 
 
 Speaker of the Senate. 
 
 I 
 
 v 
 
 Approved the fifth day of May, one thousand eight hundred and 
 fifty four. 
 
 WM. BIGLER. 
 
42 
 
 Board of 
 Managers. 
 
 Proviso. 
 
 Voting. 
 
 Meetings. 
 
 A FURTHER SUPPLEMENT 
 
 TO THE ACT INCORPORATING THE SUNBURY AND ERIE RAIL¬ 
 ROAD COMPANY. 
 
 Section 1 . Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania in General Assembly 
 met , and it is hereby enacted by the authority of the same, That the 
 Board of Managers of the Sunbury and Erie llailroad Company shall 
 consist of thirteen, who shall be chosen as follows: Any municipal 
 corporation that shall at the time hold five thousand shares or more 
 of the capital stock of the said company, may elect one manager 
 for each five thousand shares so held, such election to be by the con¬ 
 stituted authorities of such corporation, and to be made not more than 
 thirty nor less than five days prior to the day of the annual meeting 
 of the said stockholders of the said company : Provided , That no one 
 such corporation shall elect more than three managers, and not more 
 than five managers shall at any time be so elected by all of such cor¬ 
 porations ) and if at any time municipal corporations shall, by reason 
 of stock held, be entitled to elect more than five managers, then 
 only those whose stock has been held the longest shall exercise this 
 right, to the extent of five managers; such number of the Board of 
 Managers as shall not have been elected by municipal corporations 
 as aforesaid, shall be elected by the other stockholders at the annual 
 meeting, by a majority of the votes given; the said Board of Mana¬ 
 gers shall hold their seats from the day of their election, and shall, at 
 their first meeting, and whenever a vacancy shall occur, elect one 
 of their number as President, and may also, whenever they may think 
 it expedient, elect a Vice President, and prescribe his functions and 
 duties. 
 
 Section 2. That no municipal corporation shall be entitled to 
 vote at the general elections for managers which shall have elected 
 one or more members of the Board of Managers, and no share of 
 stock shall confer a right of suffrage upon which any instalment re¬ 
 mains due and unpaid, nor unless the same shall have been held by 
 the party offering to vote, and so appear upon the books of the 
 company for at least thirty days prior to such election or stock 
 vote. 
 
 Section 3. That the Board of Managers may, on the written 
 request of the holders of five hundred shares of the stock of said 
 
43 
 
 company, call a meeting of the stockholders of the company, of 
 which meeting thirty days notice shall be given in the manner 
 now required by law as to the annual meetings of the stock¬ 
 holders. 
 
 Section 4. That upon the entry of any appeal, as aforesaid, it Declaration, 
 shall be the duty of the party claiming damages to file a declaration 
 or statement of his claim, to which the other party shall plead, and 
 the case proceed to trial as in other civil causes. 
 
 Section 5. That so much of the fourth section of the act of Re P eaL 
 twenty-seventh of March, Anno Domini one thousand eight hun¬ 
 dred and fifty-two, as requires that the jurors or assessors of damages 
 shall be appointed from adjoining counties, is hereby repealed. 
 
 Section 6. That the clause contained in the eleventh section of [i^ouXburying 
 the act to which this is a supplement, which prevents the road of s rounds - 
 the said company from passing through any burying ground, shall 
 only apply to such grounds as have been used for purposes of inter¬ 
 ment before the location of the said road through them. 
 
 Section 7. That in all cases of difference arising between the Cases ° f di p? 
 
 ° ence, how utci- 
 
 Sunbury and Erie Railroad Company, and the supervisors of any ded - 
 township, relative to any road, causeway or bridge, which has been or 
 may be altered or supplied by the said Suubury and Erie Railroad, 
 the Court of Quarter Sessions of the county in which the same may 
 lie shall appoint three commissioners, who shall examine the matter in 
 dispute, and their decision, or that of a majority of them, shall be 
 final and conclusive between the parties; the compensation of said 
 commissioners to be the same as that of viewers of roads, and to be 
 paid by the said company; the report of said commissioners to be filed 
 in the office of the clerk of Court of Quarter Sessions of the proper 
 county. 
 
 Section 8. That the said Sunbury and Erie Railroad Company Lat01al roads - 
 shall have authority to construct lateral or branch roads from their 
 main road, not exceeding five miles in length. 
 
 E. B. CHASE, 
 
 Speaker of the House of Representatives. 
 
 M. M'CASLIN, 
 
 Speaker of the Senate. 
 
 Approved the eighth day of May, one thousand eight hundred and 
 fifty-four. 
 
 WM. BIGLER. 
 
44 
 
 A FURTHER SUPPLEMENT 
 
 TO TIIE ACT INCORPORATING THE SUNBURY AND ERIE RAIL¬ 
 ROAD COMPANY. 
 
 Section 1. Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania in General Assembly 
 met , and it is hereby enacted by the authority of the same , That 
 the fifth section of the act entitled 11 A further supplement to the 
 act incorporating the Sunbury and Erie Railroad Company/’ ap¬ 
 proved the eighth day of May, Anno Domini one thousand eight 
 hundred and fifty-four, which provides that so much of the fourth 
 section of the act of the twenty-seventh day of March, Anno 
 Domini, one thousand eight hundred and fifty-two, as requires that 
 the jurors or assessors of damages shall be appointed from adjoin¬ 
 ing counties, is hereby repealed, be and the same is hereby repealed, 
 so far as respects cases that had been commenced in court, to secure 
 damages prior to said eighth day of May, Anno Domini one thou¬ 
 sand eight hundred and fifty-four. 
 
 HENRY K. STRONG, 
 
 Speaker of the House of Representatives. 
 WM. M. HIESTER, 
 
 Speaker oj the Senate* 
 
 We do certify, that the bill, entitled 11 A further supplement to 
 the act incorporating the Sunbury and Erie Railroad Company,” 
 was presented to the Governor on the twentieth day of April, one 
 thousand eight hundred and fifty-five, and was not returned within 
 ten days (Sundays excepted) after it had been presented to him ) 
 wherefore it has, agreeably to the Constitution of this Common¬ 
 wealth, become a law in like manner as if he had signed it. 
 
 ADIN W. BENEDICT. 
 
 Clerk of the House of Representatives. 
 
 GEO. W. HAMERSLY, 
 
 Clerk of the Senate. 
 
 Harrisburg , May 4, 1855. 
 
45 
 
 A SUPPLEMENT 
 
 TO AN ACT TO INCORPORATE THE SUNBURY AND ERIE, AND 
 PITTSBURG AND SUSQUEHANNA RAILROAD COMPANIES. 
 
 Section 1. Be it enacted by the Senate and House of Represen¬ 
 tatives of the Commonwealth of Pennsylvania in General Assem¬ 
 bly met, and it is hereby enacted by the authority of the same, That 
 the Sunbury and Erie Railroad Company be and the same is hereby 
 authorized to borrow money, and issue their first mortgage bonds Borrow money, 
 therefor, to any amount not exceeding eight millions of dollars. 
 
 Section 2. That whenever the said company shall find it ne¬ 
 cessary in constructing the said road to change the course of any change course 
 stream of water, it shall be lawful for them to do so : Provided , ofstreams * 
 That no stream be diverted from its natural channel further than 
 may be necessary to aid in the construction of said road : And 
 provided, f urther, That no injury be done thereby to any mill, mill 
 seat, factory or machinery whatever,that may be located thereon; 
 and the proviso to the second section of the act to which this is a 
 supplement is hereby repealed, except so far as it restrains the said 
 company from banking privileges. 
 
 Section 3. That the penalty of two per centum per month im- 
 
 * . Penalty 
 
 posed upon the stockholders of the Sunbury and Erie Railroad reduced. 
 Company for delay in the payment of instalments of the capital 
 stock after the time appointed for the payment thereof, as pro¬ 
 vided in the eighth section of the act incorporating the said com¬ 
 pany, shall be and the same is hereby reduced to one per centum 
 per month for the delay of such payment; and it shall be the 
 duty of the president and managers to enforce payment of all 
 instalments on the said capital stock, together with the said pen¬ 
 alty, or declare any stock forfeited to the use of the company 
 upon which any instalment shall remain unpaid, according to the 
 provisions of the said act. 
 
 Section 4. That in consideration of the advantages which the 
 commonwealth will derive from the completion of the said rail- LxaTion. 0nfr0 ^ 
 road by the improvement of the country through which it will 
 pass, and the consequent increase of the public revenues, the 
 bonds issued and to be issued by the said company under its 
 charter, and all municipal bonds now owned by the said company 
 or hereafter to be issued in payment of subscriptions to their 
 
46 
 
 Limitation. 
 
 Time of sale. 
 
 Proviso. 
 
 capital stock, and the property, real and personal, which the said 
 company now holds or may acquire, shall be exempt from taxation 
 until the completion and equipment of the said road: Provided , 
 Said exemption shall not continue longer than ten years from the 
 passage of this act, for which period the time for the completion of 
 said road with one or more tracks, is hereby extended. 
 
 J. LAWRENCE GETZ, 
 
 Speaker of the House of Representatives. 
 DAVID TAGGART, 
 
 Speaker of the Senate. 
 
 Approved the twenty-first day of May, Anno Domini one thousand 
 eight hundred and fifty-seven. 
 
 JAS. POLLOCK. 
 
 AN ACT 
 
 FOR THE SALE OF THE STATE CANALS. 
 
 Section 1 . Be, it enacted by the Senate and House of Represen¬ 
 tatives of the Commonwealth of Pennsylvania, in General Assembly 
 met , and it is hereby enacted by the authority of the same, That it shall 
 be the duty of the Governor, within thirty days after the passage of 
 this act, to sell and deliver to the Sunbury and Erie Railroad Com¬ 
 pany, provided the said company shall agree to purchase the same, 
 all the public works of the Commonw T ealth now remaining unsold, 
 consisting of the Delaware Division, the Lower North Branch Di¬ 
 vision, the Upper North Branch Division, the West Branch Divi¬ 
 sion, and the Susquehanna Division of the Pennsylvania Canal, 
 with all the property thereto belonging or in any wise appertaining, 
 and all the estate, right, title and interest of this Commonwealth 
 therein for the price or sum of three millions five hundred thousand 
 dollars, on the terms and conditions hereinafter expressed : Pro¬ 
 vided, That the Upper and Lower North Branch Division of the 
 Canals embraced in this bill shall not be bargained, leased, or sold 
 by the Sunbury and Erie Railroad Company to any other than citi¬ 
 zens resident in the vicinity of the same, or corporations or persons 
 who may now be the owners of real estate in the same vicinity. 
 
47 
 
 Section 2. That the Sunbury and Erie Railroad Company shall 
 execute and issue their bonds for seven millions of dollars, bearing Tss13e ofbonc * s * 
 interest at the rate of five per centum per annum, payable semi¬ 
 annually on the thirty-first days of January and July in each year, 
 of which said bonds one million of dollars shall be due and payable 
 in the year one thousand eight hundred and seventy-two, and one 
 million of dollars in each of the six succeeding years, and shall not 
 be subject to taxation, and the payment of said bonds shall be se¬ 
 cured by a mortgage to be executed and delivered by the said Com-Mortgage 
 pany to two or more trustees of the whole line of their railroad, 
 finished and unfinished, from Sunbury to the harbor of Erie, includ¬ 
 ing all their real estate, together with the rights, privileges, and 
 franchises of said company, which said mortgage shall be recorded 
 in the office for the recording of deeds for the city and county of 
 Philadelphia, and deposited for safe keeping in the office of the 
 State Treasurer, and shall be a lien on all the mortgaged property 
 without further record, and the State Treasurer shall receive from 
 the said company three millions five hundred thousand dollars of the 
 said bonds in settlement for the purchase money of the said canals 
 and property, and the residue thereof shall be reserved and deposited 
 in the office of the State Treasurer, to be surrendered to the said 
 company for the purposes, at the times, and on the conditions here¬ 
 inafter expressed: Provided , That no money which may come into Provi3(7 
 the possession of the Sunbury and Erie Railroad Company, as the 
 proceeds of the sale of the within mentioned canals, shall be appro¬ 
 priated to the payment of the debts due to contractors or other 
 parties for work done or materials furnished previous to the passage 
 of this act: Provided , That as soon as the Sunbury and Erie Rail- Proviso 
 road shall be so far constructed as to be in running order or open for 
 business with a single track as far as Ridgway, in Elk county, it 
 shall be the duty of the Sunbury and Erie Railroad Company, and 
 they are hereby authorized and required to subscribe for stock in 
 the Allegheny Valley Railroad Company to the amount of half a 
 million of dollars, to be paid for in the bonds of said company, to be 
 issued over and above the seven millions for the payment of the 
 public works and the completion of the Sunbury and Erie Railroad, 
 and when issued, shall be deposited in the office of the State Trea¬ 
 surer, and which said bonds shall each bear interest at the rate of 
 five per cent, per annum, payable half-yearly, shall not be subject to 
 taxation, and shall be payable the one-tenth in one year and one-tenth 
 
48 
 
 Additional 
 
 security 
 
 When canceled. 
 
 annually thereafter from the date of their delivery, which date shall 
 be written upon each bond at the time of their delivery, and the said 
 bonds shall be delivered to the said Allegheny Valley Railroad Com¬ 
 pany by the Governor whenever three competent and disinterested 
 civil engineers shall certify to him that inclusive of the said bonds 
 the said last named company have an amount of means sufficient to 
 construct their said railroad from the mouth of Mahoning, in Arm¬ 
 strong county, to or near the town of Brookville, in Jefferson county, 
 in a direction and with a view to connect with the Sunbury and 
 Erie Railroad at or near Ridgway, or at or near Winslow, in the county 
 of Elk, the said half million of dollars to be applied strictly and 
 exclusively to the work of construction of the said Allegheny Valley 
 Railroad ; and further, the said Sunbury and Eric Railroad Com¬ 
 pany shall in no case, in charges or duties, or in any other way, 
 discriminate against the Allegheny Valley Railroad Company, in 
 the transportation of freights or passengers over their road from 
 the point of connection of the said two roads to any other point 
 on the Sunbury and Erie Railroad ; and if the said Sunbury and 
 Erie Railroad Company shall at any time hereafter deem it expedient 
 to the interests of that company, and promotive of public utility, 
 they shall have power, and are hereby authorized, to subscribe for 
 an additional amount of stock in the Allegheny Valley Railroad 
 Company, and provide for the payment thereof in money or by 
 the issue of bonds, as may be judged most advisable by the said 
 Sunbury and Erie Railroad Company. 
 
 Section 3. That as additional security for the payment of the 
 purchase money of the said property, the Sunbury and Erie Rail¬ 
 road Company shall execute and deliver to the State Treasurer, a 
 mortgage on the Delaware Division of said Canal, for one million 
 of dollars; a mortgage on the Susquehanna and West Branch Divi¬ 
 sion, for half a million of dollars, and a mortgage on the Lower and 
 Upper North Branch Divisions, for half a million of dollars, condi¬ 
 tioned for the payment of an equal amount of the said purchase 
 money bonds at the maturity thereof; which said mortgages shall 
 be deposited in the office of the State Treasurer, and shall be, with¬ 
 out record, the first liens on the property therein described. And 
 if the Sunbury and Erie Railroad Company shall at any time sell 
 the said canals, or either of them, the mortgage or mortgages on 
 the canal or canals so sold shall be canceled by the State Treasurer, 
 and surrendered to the said Company by the Governor, on deposit 
 
49 
 
 made by the said Company in the office of the State Treasurer of 
 an equal amount of the bonds of their grantees, secured by mort. Additional 
 gage of the canal or canals sold as aforesaid. And when the said surrendered. 
 Company shall have progressed with the work on the line of their 
 road so far as to have that part thereof which extends from Wil¬ 
 liamsport to the mouth of the Sinnemahoning ready for the super¬ 
 structure, and satisfactory evidence is produced to the Governor 
 that there is secured on available subscriptions to the stock of the 
 Company, to be collected and applied in the progress of the work, 
 one million of dollars in addition to the amount now paid in, the 
 Governor shall surrender to the said Company one-half of the 
 amount of said additional security ; and when the western end of 
 the said road, extending from the harbor of Erie to the borough of 
 Warren, shall be ready for the superstructure, the Governor shall 
 then surrender to the said Company the remaining half of said 
 additional security, to be employed by them first in the completion 
 of the said divisions of the said work, and then, as to the surplus, 
 in the construction of other parts thereof, which progress in the 
 work shall be ascertained and determined by three disinterested 
 persons, appointed by the Governor for that purpose, at least one of 
 whom shall be a skillful and experienced Civil Engineer: Pro- p rov ; so . 
 vided , That no such sale or transfer shall be made by the Sunbury 
 and Erie Railroad Company without the written consent and 
 approval of the Governor, to be filed in the office of the Secretary 
 of the Commonwealth, being first had and obtained; and no can¬ 
 celation or surrender of the bonds or mortgages of the Sunbury 
 and Erie Railroad Company shall be made, and no acceptance of 
 the bonds or mortgages of their grantee or grantees shall be received 
 in lieu thereof, by the State Treasurer, until the Governor shall be 
 satisfied that the new securities to be given are sufficient to protect 
 the interest of the Commonwealth, and the written approval of the 
 exchange of securities shall be filed in the office of the State Trea¬ 
 surer: Provided , That if the Sunbury and Erie Railroad Company rroviso. 
 shall sell said canals for a greater sum, in the aggregate, than three 
 and a half millions of dollars, seventy-five per centum of said excess 
 shall be paid to the Commonwealth, by a transfer of so much of the 
 bonds and securities as said Railroad Company shall receive for the 
 same, and payable in like manner: And 'provided further, That the 
 President of said Sunbury and Erie Railroad Company shall make 
 return to the Governor, under oath, of such sale or sales, and the 
 terms and conditions thereof, as the same may be made. 
 
50 
 
 when works Section 4. ill at on the delivery of the said bonds and mort- 
 
 to be transferred 
 
 by Governor, gages to the State Treasurer, for the purposes mentioned in the 
 second and third sections of this Act, the Governor shall, under 
 the great seal of the Commonwealth, transfer and deliver to the 
 Sunbury and Erie Railroad Company, their successors and assigns 
 forever, all of the said works mentioned in the first section of this 
 Act, with the appurtenances, and all the right, title and interest, 
 property, claim and demand whatsoever, of the Commonwealth of 
 Pennsylvania, of, in and to the same, and every part thereof. And 
 Proclamation the Governor shall thereupon give notice, by proclamation, of the 
 
 Of 
 
 said sale and delivery; but all superintendents, toll-collectors, 
 officers and agents of the Commonwealth, employees on or about 
 the said canals and property, shall continue, nevertheless, to dis¬ 
 charge the duties of their respective offices, at the expense of the 
 said purchasers, until removed or re-appointed by them, and the 
 official bonds of said officers and agents shall inure to the use of said 
 purchasers as to all moneys received and acts done by them sub¬ 
 sequent to the date of the said transfer and proclamation. 
 
 Rights, privi- Section 5. That the said Company, their successors and assigns, 
 
 leges,franchises, , n i i i j • ,i • , . /» i i* 
 
 Ac. shall hold, possess, use, and enjoy the said property tree and dis¬ 
 
 charged from all incumbrances, except as provided in this Act, 
 with the same rights, privileges and franchises respecting the 
 management, maintenance, improvement, and enjoyment of the 
 same, and to enter into and upon the River Delaware, as have here¬ 
 tofore been granted to the Lehigh Coal and Navigation Company of 
 this State for the construction, management, maintenance, improve¬ 
 ment and enjoyment of the canal navigation aud property owned by 
 them ; and the said Sunbury and Erie Railroad Company shall have 
 authority to grant, sell and convey, or to lease for a term of years 
 the whole, or any part of the said property, to any corporation of 
 this State, or to any association of individuals; and their grantees 
 shall hold and enjoy the same, together with all the rights, privi¬ 
 leges and franchises granted by this act to the Sunbury and Erie 
 Railroad Company, and under such corporate name as the said 
 grantees may adopt; and the said grantees are hereby authorized to 
 issue their bonds for purchase money, to be secured by mortgage of 
 the property granted and sold to them as aforesaid ; and the Sunbury 
 and Erie Railroad Company, or their assigns, immediately after taking 
 possession of the said canals, shall be bound to keep up the same, 
 including public and private bridges crossing the said canals, as here- 
 
51 
 
 tofore done by the Canal Commissioners, in as good repair and opera. To be kept in 
 ting condition as they now are; and they shall be and remain public remain public 
 highways forever for the use and enjoyment of all persons desiring hlgh ' vays - 
 to use the same, subject to such rules and regulations as the owners 
 thereof may from time to time establish, but the tolls on said canals 
 shall not exceed the rates fixed by the toll sheet published by the 
 Canal Commissioners for the year one thousand eight hundred and 
 fifty-six. Provided , That the said Sunbury and Erie Railroad Com- Proviso, 
 pany, and its several vendees and assigns, who shall take the said 
 public works under the provisions of this act, shall take and hold the 
 same and their appurtenances, subject to all contracts and arrange¬ 
 ments heretofore made by Act of Assembly or otherwise, for and in 
 respect to the use and enjoyment of said works and their appurten¬ 
 ances, and shall carry out the same with all persons interested 
 therein in the same manner as the Commonwealth or its agents are 
 now required to do by law. 
 
 Section 6. That on or before the completion of the two divisions Appointment of 
 of the said road mentioned in the third section of this act, the mSe costof fln" 
 Governor shall appoint three competent engineers, the expenses 0 f lshlDgr " ad - 
 whom shall be paid by the Sunbury and Erie Railroad Company, 
 one of whom shall be the Chief Engineer of the said Company, to 
 ascertain and report to him the probable cost of completing the 
 unfinished portion of the said road, with a single track of rails, 
 weighing not less than fifty pounds to the yard, properly ballasted, 
 with the necessary turnouts and water stations, so as to form an 
 uninterrupted line of railroad from Sunbury to the harbor of Erie; 
 and whenever the means of the Company, including the three mil¬ 
 lions five hundred thousand dollars of reserved bonds deposited in Progress of road 
 the office of the State Treasurer in pursuance of the second section t0 com P letIon - 
 of this act, shall be sufficient, in the opinion of the Governor and 
 the said engineers, to complete said railroad, as aforesaid, the Gov¬ 
 ernor shall deliver to the said Company one million of dollars of 
 said reserved bonds forthwith, and the remaining two and one-half 
 millions thereof he shall deliver to the said Company from time to 
 time, pari passu with the progress of the work, as ascertained by 
 the returns and estimates of the Chief Engineer of the said Com¬ 
 pany ; and before delivering any of the said bonds to the Company, 
 there shall be endorsed thereon, over the signature of the Governor, 
 the words, u first mortgage bonds issued under the act entitled an 
 act for the sale of the State Canals;” and no bonds issued by the 
 5 
 
52 
 
 Proviso. 
 
 ral to sue out un 
 canceled 
 gages. 
 
 Company, except those owned and held by the State, shall be con¬ 
 sidered valid and entitled to the security of the said mortgage with¬ 
 out the indorsement of the Governor as aforesaid. Provided , That 
 the said indorsement by the Governor shall not be construed to 
 create any liability whatsoever on the part of the Commonwealth to 
 the holders or indorsers of said bonds, and that if the Sunbury and 
 Erie Railroad Company shall fail to pay the principal or interest of 
 any of the said bonds for ninety days after the same shall become 
 Attorney Gene- due and payable, it shall be the duty of the Attorney General to sue 
 moia- ou ^ the mortgage, and also any mortgage or mortgages on the 
 said canals which may remain uncanceled, by writs of scire facias, 
 to be issued out of the Supreme Court of this Commonwealth, of 
 which notice shall be given, by advertisements for thirty days in 
 one or more daily newspapers published in the cities of Philadelphia 
 And sell mort _ and New York; and to sell the mortgaged premises, together with 
 gag e d premises, £p e r ighfcg an( j franchises of said Company appertaining thereto, by 
 execution, to be directed to the Secretary of the Commonwealth; 
 and on the return of the said execution, and the confirmation of the 
 sale by the said court, the Secretary of the Commonwealth shall, by 
 deed or deeds, reciting the said proceedings, executed under the great 
 seal of the Commonwealth, grant and convey the property and 
 estate so sold to the purchasers thereof, who shall have, hold and 
 enjoy the same, free and discharged from all incumbrances, with all 
 the rights and privileges granted by this act, and heretofore granted 
 to the Sunbury and Erie Railroad Company, so far as the same may 
 be applicable thereto, and the said deed or deeds shall be acknow¬ 
 ledged in open court, as in other cases, and recorded among the 
 records thereof. And provided , that the entire proceeds of this 
 sale of the said canals shall be paid into the Sinking Fund, and 
 applied to the payment of the State debt; and the said Sunbury 
 and Erie Railroad Company may pay off and satisfy the principal or 
 any of the bonds given for said purchase money, at or before the 
 maturity thereof, in the certificates of loan of this Commonwealth, 
 at their par value. 
 
 Section 7. That any and all claims for damages or other demands 
 against the Commonwealth, by individuals or companies, in rela¬ 
 tion to the location, construction, repair, management or use of any 
 of the divisions of canal sold under the provisions of this act, shall, 
 if established, be paid by the purchaser of the proper line or divi¬ 
 sion, the amount to be ascertained and payment thereof made as 
 
 Conveyance. 
 
 Possession and 
 enjoyment. 
 
 Proviso. 
 
 Purchaser to 
 pay all claims 
 against Com¬ 
 monwealth. 
 
58 
 
 the Legislature may direct; hut in any case the purchaser shall 
 have notice, and an opportunity to he heard against the allowance 
 of such demand. Provided, however, That this section shall not Proviso, 
 relate to any obligation or claim incurred in the construction, man¬ 
 agement or repair of the said canals for the current fiscal year, and 
 prior to the time of transfer. 
 
 G. NELSON SMITH, 
 
 Speaker of the House of Representatives pro tern. 
 
 JOHN CHESS WELL, 
 
 Speaher of the Senate pro tern . 
 
 Approved the twenty-first day of April, A. I). one thousand eight 
 hundred and fifty-eight. 
 
 WM. F. PACKER. 
 

 
 
 
 
 ■ 
 
 4 • 
 
 
 
 
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