AN ACT I NCORPORATING THE MILL CREEK TOGETHER WITH THE SUPPLEMENTS THERETO, POTTSVILLE: PRINTED BY BENJ. BANNAN ■ AN ACT INCORPORATING THE MILL CREEK AND MINE HILL NAVIGATION & RAIL ROAD CO, |jasstb tjjt 7l|i bail rf Jfelmoitj, %. 1828, TOGETHER WITH THE SUPPLEMENTS THERETO. POTTSVILLE: PRINTED BY BENJ. BANNAN, 1854 . iM (o 1 '• ) , ■ / : ■ > i. i u i s ’ % ■ . ' : ,••> I9F03 GaoA.'S^eeA. 'S.-'iO AN ACT Authorising the Governor to incorporate the Mill Creek and Mine Mill - Navigation and Rail Road Company. Sect. 1. Be it enhcted hy the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same , That George C. Commission- Troutman and George M. Keim, of the county of Berks, and George era appointed Hahn and John Schall, of the county of Schuylkill, or any two of them, leriptTons"°of be and they are hereby appointed Commissioners to do and perform the stock, several things hereinafter mentioned, that is to say : they shall on or before the first day of September next, procure a sufficient number of books, one or more of which shall be opened at some convenient place in the city of Philadelphia, also in Reading and Orwigsburg and Potts- ville, and in each of them enter as follows: u We, whose names are p orm 0 f su h_ hereunto subscribed, do promise to pay to the President and Managers script ion. of the Mill Creek and Mine Hill Navigation and Rail Road Company the sum ef fifty dollars for every share of stock set opposite to our re¬ spective names in such manner and proportions and at such times as shall be determined by the President and Managers of said company, in pursuance of an act of the General Assembly of this Commonwealth, en¬ titled “ An act authorising the Governor to incorporate the Mill Creek and Mine Hill Navigation and Rail Road Company.” Witness our hand this day of in the year of our Lord, one thousand eight hundred and twenty And shall thereupon give notice in one or more newspapers printed in the city of Notice of the Philadelphia; two in Berks county, and two papers printed in Schuyl- P. 1 ®' kill county, for one calendar month at least, of the times and places, ln g gubserip- when and where the said books shall be kept open to receive subscrip- tions to be gi- tions for the stock of the said Company, at which respective times and ven ' places one or more of the Commissioners shall attend and permit all persons of lawful age, who shall offer to subscribe in said books in their own names, or in the name of any other person, who shall authorise the same, for any number of shares in the said stock ; and the said books shall be kept open respectively for the purpose aforesaid at least six hours in every juridical day for the space of ten days, or until there shall have been subscribed the number of one thousand shares; and ^ ^ r h °|? feh n a ‘ | ! nv at the expiration of ten days the books aforesaid shall not have the er 0 ares ‘ number of shares aforesaid, or any of them, therein subscribed, the said Commissioners may adjourn from time to time and transfer the books elsewhere, until the whole number of one thousand shares shall be sub- Ma y adjourn scribed, of which adjournment and transfer the Commissioners afore- tranilfer said shall give public notice as the occasion may require • and when the whole number of shares shall be subscribed, then the book shall be closed : Provided always , that every person offering to subscribe in the 4 Proviso. said books in his own or any other name, shall previously pay to the at¬ tending Commissioners, the sum of five dollars for every share to be subscribed, out of which shall be defrayed the expenses attending the taking of such subscription and other incidental expenses, and the re¬ mainder shall be paid to the treasurer of the incorporation as soon as the same shall be organised and the officers chosen as hereinafter men¬ tioned. Sect. 2. And be it further enacted, by the authority aforesaid, That When lett w ^ en one thousand shares or more of the said stock shall be subscribed paten" may*be an< ^ ^ ve dollars on each share paid, the Commissioners, or a majority of granted bv them, may certify to the Governor, under their hand and seals, the the Governor. names 0 f the subscribers, and the number of shares subscribed by each ; 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 also those who shall thereafter subscribe to the number of shares as aforesaid, into a body politic and corporate, in deed and in law, by the name, style and title of “ The Style of the President and Managers of the Mill Creek and Mine Hill Navigation Company. and Rail Road Company f and by the same name the subscribers shall Powers and^ ave P er P etua ^ succession, and all the privileges and franchises incident privileges. to a corporation, and shall be capable of* taking and holding their capital stock and the increase and profits thereof, and of enlarging the same, from time to time by new subscriptions, in such manner and form, as they shall think proper, if such enlargement shall be found necessary to fulfil the intentions of this act, and of purchasing, taking and holding to them and their successors and assigns, in fee simple, or for any les¬ ser estate, all such lands, tenements, hereditaments and estate, real and personal, as shall be necessary to them, in the prosecution of their works, and of suing and being sued, and of doing all and every other matter or thing, which a corporation or body politic may lawfully do. Sect. 3. And be it f urther enacted by the authority aforesaid, That the three first named persons, or a majority of them, shall as soon as Mode of or- conveil i en tly ma y be after the said letters patent shall be obtained, ganizing the give at least twenty days’ notice, in all the newspapers hereinbefore Company. mentioned, of the time and place by them appointed for the subscribers to meet, in order to organise the said Company, and to choose, by a majority of votes of the said subscribers, by ballot, to be given in per- Officers to be S0Ilj or by p r0 xy duly authorised, one President and ten Managers, a Treasurer, Secretary, and such other officers as shall be deemed neces¬ sary, which proxy shall have been obtained and bear date within three months previously to the election at which such proxy shall be present¬ ed ; that the President and Managers aforesaid, shall conduct the busi¬ ness of said Company, until the third Monday of January then next, and until like officers shall be chosen; and may make such by-laws, rules, orders and regulations as do not contravene the Constitution and Laws of the United States or of this State, and that may be necessary for the well governing the affairs of the Company. Sect. 4. And be it further enacted by the authority aforsaid, That the stockholders shall meet on the last Monday of December, in every Of annual year, at such place as may be fixed upon by the by-laws, of which no- eleciions. tice shall be given at, least twenty days by the Secretary, in the news- chosen. Of proxies. By-Laws. papers before mentioned, and choose by a majority of votes present their officers for the ensuing year, 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 times as they may be summoned by the Man¬ agers, in such manner and form as shall be prescribed by the by-laws, at which annual or special meeting they shall have full power and au¬ thority to make, alter or repeal, by a majority of votes, either the whole -or any part of the same, in manner aforesaid, and to do and perform any other corporate act, and each person shall be entitled to one vote for each share not exceeding twenty, by him or her held, for every five ad¬ ditional shares one vote. Sect. 5. And be it further enacted by the authority aforesaid , That the said President and Managers shall meet at such times and places 0 f special as shall be found most convenient for the transacting of their business, meetings of and when met, five shall be a quorum, who, in the absence of the Pre-jJ^ B CT oard of sident, may choose a chairman, and shall keep minutes of their trans- B actions, fairly entered in a book, and a quorum being formed, they shall have full power and authority to appoint all such surveyors, engineers, Their pow- superintendents, and other artists and officers, as they shall deem neces- ersand duliesi - sary to carry on the intended work, and to fix their salaries and wages, to ascertain the times, manner and proportions in which the said stock¬ holders shall pay the moneys due on their respective shares, to draw or¬ ders on the Treasurer, 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 authorised to do : Provided , that such drafts or or- p ders be signed by the President, or, in his absence, by a majority of the 1,0V1S0 ‘ Managers present. Sect. 6. And be it further enacted by the authority aforesaid , That the President and Managers first chosen shall procure certificates or Certificates of evidence of stock for all the shares of the said Company, and shall de- p r °cured° be liver one such certificate, signed by the President and countersigned by the Treasurer, and sealed with the common seal of the said corporation, to each person, for every share by him subscribed and held ; which cer¬ tificate or evidence of stock shall be transferable at his pleasure, in Of their trans- person or by attorney [duly authorised in the presence of the President * er ‘ or Treasurer, each of whom shall keep a book for that purpose] subject however to all payments due or to become* thereon; and the assignee holding any certificate, having first caused the assignment to be entered in the book of the Company to be kept for the transfer of stock, shall Rights of as- be a member of the said corporation, and for every certificate assigned signees. to him as aforesaid, shall be entitled to one share of the capital stock, and of all the estates and emoluments of the Company, incident to one share, and to vote as aforesaid at the meetings thereof, and subject to all penalties and forfeitures, and of being sued for all the balance and penalty due or to become due on each share as the original subscribers would have been. Sect. 7. And be it further enacted, by the authority aforesaid , That Penalty tor if after thirty days’ notice in the public papers aforesaid of the time and laments’ place appointed for the payment of any proportion or instalment of the *The word “ due ” appears to be wanting in the original. Suits however brought. Proviso. may, said capital stock, in order to carry on the work, any stockholder shall neglect or refuse 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 assignee shall in addition to the instalment so called for pay at the rate of two per centum per month for the delay of such payment, and if the same and additional penalty shall remain un¬ paid for such space of time as that the accumulated penalty shall be- sharesshaUbe come e( l ua ^ the sum before paid in part and on account of such forfeited. shares, the same shall be forfeited to the said Company, and may be sold to any person or persons willing to purchase, for such price as can be obtained for the same, or in default of payment by any stockholder of any such instalment as aforesaid, the said President 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 be the recovery of the same, together with the penalty aforesaid : Provi¬ ded , that no stockholder, whether original subscriber or assignee, shall be entitled to vote at any election or at any general or special meeting of the Company on whose share or shares any instalment or arrearages may be due and payable more than thirty days previously to the said election or meeting. Sect. 8. And be it further enacted by the authority aforesaid , That Authority to it shall and may be lawful for the said President, Managers and Com- a ^ nal > pany to make a complete canal or slack water navigation or rail road, navigation 0 or i n the whole or in part, as to them shall seem most expedient, from a rail road. point at or near the mouth of Mill Creek, on the river Schuylkill, to a point on the Centre turnpike, at or near the foot of the Broad Mountain, for the passage up as well as down the said canal or rail road of every kind of arks, rafts, boats and craft, adapted to the navigation of the same, with such locks, sluices and other works as shall be necessary, and make use of the water of any creek or streams of water on or near the intended route of said canal, for the purpose of supplying the same with water: Provided , that no injury shall be done to any individual without just and reasonable compensation therefor, in the manner pro¬ vided by the ninth section of this act. Sect. 9. And be it further enacted by the authority aforesaid , That the President, Managers and Company shall have power and authority enter^ 0 u pVn by themselves, or their superintendents, engineers,'artists and workmen, lands m the to enter upon any lands in any part or place thereof which appear to fheiT works °* ^ em mos t convenient and best adapted for the route of said canal or e rail road, and to cut, break and remove and take away all trees, rocks, stones, earth, gravel and sand, or other materials, or any obtsruction or impediment whatsoever on the said route, and to use all such timber, rocks, stones, gravel and earth, or other materials which may be found necessary in the prosecution of their works; and to form, make and To erect locks erect and set up all such locks, sluices and devices whatsoever, which Proviso. sluices, &c. And make rail road. they shall deem most fit and convenient to make a complete canal navi¬ gation or rail road, from one end thereof to the other, so as to admit a safe and easy passage for loaded boats, arks, and every kind of vessel and craft, up as well as down the said canal, and to make and use all such means by collateral sluices, locks and devices as they may deem eligible and suitable for the said navigation, or to make a complete rail 7 road of iron, timber or other proper materials, as the said President and Managers shall determine, either in the whole or in part of said distance, satisfying the owner or owners therefor; but if the parties can¬ not agree upon the compensation to be made to such owner or owners, it shall and may be lawful for the parties to appoint six suitable and ju¬ dicious persons within the proper county where the land lies, or if they cannot agree on such persons then either of the parties may apply to the Court of Common Pleas of the proper county where the land lies, and said court shall award venire directed to the Sheriff, to summon a jury of disinterested men, in order to ascertain and report to the said court what damages, if any, have been sustained by the owner or own¬ ers of said ground by reason of such lock, canal or sluice passing through his, her or their land, which report being confirmed by the court, judgment shall be entered thereon and execution may issue, in case of non-payment, for the sum awarded, with costs, to be assessed by the court; and it shall be the duty of the jury or six appraisers, as the case may be, in valuing any land, to take into consideration the ad¬ vantages derived to the owner or owners of the premises from the said navigation passing through the same : Provided , that either party may appeal to the court within thirty days after such report may have been filed in the Prothonotary’s office of the proper county, in the same manner as appeals are allowed in other cases. Sect. 10. And be it further enacted by the authority aforesaid, That the President and Managers by and with their superintendents, engi¬ neers, artists, workmen and laborers, with their tools instruments, carts, wagons and other carriages, and beasts of draft and burden may enter upon the lands contiguous and near to the said streams, giving notice to the owners or occupiers thereof, and from thence take and carry away any stone, sand, gravel or earth, doing as little damage thereto as pos¬ sible, and repairing any breaches they make in the enclosures thereof, and making amends for any damages that may be done to the improve¬ ments thereon, and paying for the materials taken away, the amount whereof, if the parties do not agree, shall be assessed and valued by any three freeholders residing in the neighborhood, under oath or affir¬ mation, to be appointed by consent of the parties, or if they cannot agree, by any disinterested Justice of the Peace, of the proper county. Sect. 11. And be it further enacted by the authority aforesaid , That as soon as the President, Managers and Company shall have perfected three miles on the said canal or rail road, and so from time to time, as they shall perfect additional miles they shall give notice thereof to the Governor, who shall thereupon nominate and appoint three disinterested persons to view and examine that part said to be completed and to make report to him in writing whether the said navigation, or rail road, is so far executed in a masterly, workmanlike manner, according to the true intent and meaning of this act; and if at any time their report shall be in the affirmative, then the Governor shall by license under his hand and the lesser seal of this Commonwealth, permit the said President, Managers and Company, or such person or persons as they shall from time to time appoint toll collectors, or their deputies, to demand and receive of and from the persons having the charge of any boat, ark or other vessel upon the said navigation or rail road, a sum not exceed- Froceedings where parlies cannot agree as to dam¬ ages. Proviso. May enter up¬ on lands for stone, gravel, &c., first giv¬ ing nolice and making a- mends for da¬ mages. On the com¬ pletion of 3 miles notice to be given to the Governor, and viewers appointed. License to take toll— when to be granted. 8 Of the rate oi toll. Proviso. 2d Proviso. 3d Proviso. Size of rafts, arks, &c.,how to be ascer¬ tained. Notice to be given when approaching locks. mg fifteen per cent, per annum, upon the amount of moneys which have been expended in the completion of the navigation or rail road, and in the support, improvement and continuance of the same from time to time, and for that purpose the said President, Managers and Company shall regulate and fix from time to time as they may think proper, the rate of toll to be paid to them by all persons upon all vessels, boats, arks, rafts and every other kind of craft using the said navigation, and upon all wagons, carriages and conveyances using the said rail road, sufficient to assure the payment of the said fifteen per centum per annum: Provided , that the rate of toll to be charged upon the said canal or rail road shall at no time exceed one per cent, per ton per mile on the ascertained burthen or capacity of any ark, boat, craft, wagon or other vehicle whatever used on said canal or rail road; Provided also , that if at any time hereafter the tolls should enable the Company, after repairing all repairs and other necessary expenses, to divide more than fifteen per centum per annum on the capital stock ex¬ pended 1 , then and in such case the tolls shall be so reduced that the di¬ vidends shall not exceed the said sum of fifteen per centum per annum : Provided also , that no toll shall be charged on coal boats, arks, wagons or other craft returning empty on said canal or rail road: And provi¬ ded, that the locks of said canal shall not be less than eight feet six inches in width nor eighty feet in length. Sect. 12. And be it further enacted by the authority aforesaid , That in order to ascertain the size of rafts, arks and the tonnage of boats or wagons using or passing the said canal and lock navigation or rail road, and to prevent disputes between supercargoes and collectors of toll concerning the same upon the request of the owner or supercargo of such boat, raft or wagon, or the collectors of the said tolls at any lock upon the said canal and navigation, ©r the collector of toll on any part of said rail road, it shall and may be lawful for each of them to choose one skilful person to measure and ascertain the size of said rafts, arks or wagons, and the loading the boat, ark or wagon is capable of carrying or actually contains; and the said boat, ark or wagon so measured and the loading ascertained, shall be permitted to pass through the said canal and locks or rail road, for the price per ton to which the number of tons so ascertained shall amount, agreeably to the rate fixed in the manner aforesaid; and if the owner or supercargo of any boat, raft, ark or wagon shall decline choosing a person resident within the township where the said toll is payable to ascertain the tonnage thereof, then the amount of such tonnage shall be fixed and ascertained by the person appointed for that purpose by the President and Managers or chosen by the said collectors of tolls for the said Company, and the toll shall be paid according to the said measurement before any such boat, ark, raft or wagon shall be permitted to pass the place where such toll is made payable by the said President and Managers. Sect. 13. And be it further enacted by the authority aforesaid , That it shall be the duty of the master or commander of any boat, ark or other vessel, intending to pass through said canal, when they shall ar¬ rive within one fourth of a mile from any lock so erected, under the penalty of two dollars, to blow a trumpet or horn, whereupon the keep¬ er of such lock shall attend for the purpose of opening the gate or 9 sluice to let the said boat, ark or other vessel pass without unnecessary delay and in safety; and if any boat, ark or other vessel shall be pre- (or vented from passing up or down any of said locks or sluices, by rea- no ® n r a a i D °g son of the lock not being raised for more than thirty minutes, the Pres- locks. ident and Managers and Company shall, on conviction thereof before any Justice of the Peace of the proper county, forfeit and pay to the person so hindered, the sum of four dollars, for every twenty minutes beyond the said time that he shall be so prevented, and in the same proportion for any longer or shorter time. Sect. 14. And be it further enacted by the authority aforesaid, That if the President, Managers and Company neglect or refuse to keep inl >ena l t v for good order and repair the said rail road, or any part thereof, or lock or ^orks ?n P re? sluice of their own construction, or shall neglect to remove any obsta- pair, cle that may occur, so that the boats, arks, rafts or other vessels may at all times safely pass through the said canal, or wagons, carriages or conveyances along the said rail road, the President, Managers and Company shall for each and every offence, pay the sum of fifty dollars, to be recoverable before any Justice of the Peace, of the proper county, How recover- where the offence shall be committed, one half to the use of the infor- a mer and the other half to the use of the poor of the township where the neglect may occur. Sect. 15. And be it further enacted by the authority aforesaid, That the President and Managers of the said Company, shall keep fair and Accoun(s 01 just accounts of all moneys received by them from the said Commission- the Company ers and from the subscribers to the said undertaking on account of the to be ke P l * several subscriptions of all the penalties for delay in the payment there¬ of, and the amount of the profits on the shares which may be forfeited as aforesaid, and also all moneys by them expended in the prosecution of the said works, and shall in every year submit such accounts to the stockholders at their annual meeting, and the aggregate amount of such And submit- receipts and expenditures shall be ascertained, and if upon such liqui- stock * dation or when the capital stock shall be nearly expended it shall be found that the said capital stock will be insufficient to complete the said j n W hat case navigation or rail road, according to the true intent and meaning of this the capital act, it shall and may be lawful for the said President, Managers and ^creasS^ b ° ’ Company at a stated or special meeting, to be convened for the purpose, to increase the number of shares to such extent as shall be deemed sufficient to accomplish the work, and to receive and demand the mo¬ neys for shares so subscribed, in like manner and under like penalties as herein before provided for by the original subscription or as shall be provided by their by-laws. Sect. 16. And be it further enacted by the authority aforesaid, That of accounts of the said President, Managers and Company, shall also keep a just and Collectors of true account of all the moneys received by their several and respective to11 * collectors of tolls, and all the moneys received for the use, rent or hire of water power and all emoluments, and shall make and declare a divi¬ dend of the clear profits and income thereof, among the stockholders, all contingent costs and charges being first deducted, and shall on the first Monday in January, and the first Monday in July every year Dividends to publish the half yearly dividends made of the clear profits, and the be declared, time when and where the said will be paid to the stockholders, not 10 Abstract of ac¬ counts to be laid before the Legislature. Time for com¬ mencing and completing the work. Proviso. 2d Provi Company not to engage in other business In what case fords or brid¬ ges shall be made by the Company. exceeding twenty days thereafter, and shall cause the same to be paid accordingly ; and shall on or before the first Monday in January, annu¬ ally, from the passing of this act, lay an abstract of the accounts of their receipts and disbursement before the Legislature, under oath or affirma¬ tion of the President of the Company. Sect. 17. And be it further enacted by the authority aforesaid , That if the President, Managers and Company shall not proceed to^carry on the work within three years from the passage of this act and shall not complete the same within fifteen years, according to the true intent and meaning of this act, then and in either case all and singular the rights, liberties, privileges and franchises hereby granted to said Company, shall revert to the Commonwealth : Provided always , that in case of forfeiture or resumption by the Legislature, of the rights, liberties, pri¬ vileges and franchises hereby granted, nothing herein contained shall be construed to work a forfeiture of the rights of individuals to water power under grants made by the President, Managers and Company, but the same shall be held by individuals in as full and as ample a man¬ ner as they might do if no such forfeiture or resumption had taken place, and in lieu of such resumption the principal sum paid or secured to be paid, when the conveyance has been in fee simple, and the accru¬ ing rents and profits when the said water power has been let for one or more years shall be forfeited to the Commonwealth ; And provided also, that if the said Company shall at any time hereafter misuse or abuse any of the chartered privileges hereby granted, the Legislature may at any time thereafter resume all and singular the rights, privileges and franchises hereby granted to the said Company. Sect. 18. And be it further enacted by the authority aforesaid, That it shall not be lawful for the Company hereby incorporated to engage directly or indirectly in any mining, manufacturing, commercial, bank¬ ing or monied concern or transaction, or in any other business or ope¬ rations whatsoever, than such as may be necessary and proper for a nav¬ igation or rail road company. Sect. 19. And be it further enacted by the authority aforesaid, That whenever the said canal or rail road shall cross any pubiic or private laid out road or highway, or shall divide the ground of any person into two parts, so as to require fords or bridges to cross the same, the said President and Managers shall be at liberty, as they think proper, at any time hereafter, either to build bridges or cause fords or passages to be rendered practicable and fit for the passage of carts and wagons, and the bottom of such fords and passages, shall be made of stone or wood or other sufficient materials, and the water of any such ford shall not be deeper than thirty inches and breadth of such ford or passage shall be twelve feet at least, and whenever such bridge or bridges which may have been erected, shall become dangerous or impassable, the said Pres¬ ident and Managers shall either repair the same, or shall cause a ford or passage to be made in lieu thereof. Approved—T he seventh day of February, A. D. one thousand eight hundred and twenty-eight. J. ANDW. SHULZE. M Additional A SUPPLEMENT To an Act authorising the Governor to incorporate the Mill Creek and Mine Hill Navigation and Rail Road Company, approved the sev¬ enth day of February, eighteen hundred and twenty-eight. Sect. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That William Law- ton and Francis B. Nichols, of the Borough of Pottsville, and Caleb Co|nmig4s . Johnson and Stephen P. Morris, of the City of Philadelphia, be and ers appointed, they are hereby appointed Commissioners in addition to those appoint¬ ed in the act, to which this is a supplement, and that the time for ta¬ king subscriptions for the stock of said Company, be and the same is hereby extended to the first day of September next, after the passage of this act. Sect. 2. And be it further enacted, by the authority aforesaid, That when four hundred shares or more of said stock shall be subscribed ?c ^ers to'be for, and five dollars actually paid on each share, of which the Commis- incorporated, sioners, or a majority of them, shall certify, the said subscribers shall be entitled to be incorporated as is provided in the second section of the act to which this is a supplement, and the amount of each share of stock of said Company shall be twenty-five dollars. Sect. 3. And be it further enacted by the authority aforesaid, That the officers to be chosen, shall consist of a President, six Managers 0fficers - and one person for Treasurer and Secretary, and that a quorum shall consist of a majority of the Managers. Sect. 4. And be it further enacted by the authority aforesaid , That as soon as there are two miles of said canal or rail road made, the said when Com- Company shall be entitled to receive toll, as is provided in the eleventh pany may re¬ section of the act to which this is a supplement. ceive ,o11 ' ✓ . Approved —The twenty-third day of April, one thousaud eight hun¬ dred and twenty-nine. J. ANDW. SIIULZE. A FURTHER SUPPLEMENT To an act authorising the Governor to incorporate the Mill Creek and Mine Hill Navigation and Rail Road Company, passed the seventh day of February, eighteen hundred and twenty-eight. Sect. 1. Be it enacted by the Senate and House of Reperesentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this law the President and Managers of the Mill Creek and Mine Hill Navigation and Rail Road Road Company, be and they Rate of tol! ‘ are hereby authorised to receive and charge one and a half cents per ton per mile, from all persons using the said canal or rail road: Provi- p r0vi9o ded, that the whole of said road shall be completed with a double track, / Time of com- within three years from the first day of April next, in conformity to the pletion. eighth and ninth sections of the act to which this is a further supplement: 2d Proviso. And provided , that the President and Managers of said Company shall, within three months after the completion of said road, make a return to the Prothonotary of the county of Schuylkill, to be by him cosfo e f m roadro ffiled 011 record in his office ^ or hlie inspection of all those concerned, be filed within under oath or affirmation of the President and Secretary, of the actual three months. CO st of said rail road and amount of damages paid to individuals through whose lands the said road may pass. Sect. 2. And be it further enacted by the authority aforesaid , That Right of own. the Company shall not prevent any person or persons, being the owner uous° tends *fo or owners ^ and bordering on the said rail road, or adjacent thereto, make and con- from making such lateral rail roads, and to connect them with said rail nect lateral r0 ad from their said lands, as the said person or persons may conceive rail roads. necessary for the purpose of transporting their coal or produce down or Proviso. up the said rail road : Provided , that when any such lateral roads may be made, they shall be so constructed, as not to do any injury to the main rail road. Approved —-The twenty-ninth day of January, A. D. one thousand eight hundred and thirty. GEO. WOLF. A FURTHER SUPPLEMENT To an act entitled u An Act authorising the Governor to incorporate the Mill Creek and Mine Hill Navigation and Rail Road Company f passed the seventh day of February , A. D. one thousand eight hun¬ dred and twenty-eight. Sect. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met , and it is hereby enacted by the authority of the same , That the Mill Creek and Mine Hill Navigation and Rail Road Company, from and after the passing of this act, may in lieu of the tolls the said Company are au- Rates of toll thorised to charge and receive by the act incorporating the said Compa- estartished nd n ^’ P assed seventh day of February, A. D. eighteen hundred and twenty-eight, levy and receive tolls on all goods, wares and merchandise and commodities of whatsoever kind, passing over the said rail road, or persons traveling on the same, at the following rates, that is to say— on each ton of produce, coal or other minerals, or of any other goods, wares and merchandise or commodities of what kind soever, not exceed^ ing two and a half cents jper ton , per mile; on each horse not employed in drawing a car or carriage on whiclT toll is charged, one cent per mile ; on each horse and its rider, not exceeding one cent per mile; on each person drawn in a car or carriage other than the rider, not exceed¬ ing one cent per mile; all fractions not less than half a ton to be con¬ sidered a ton, and if less than half a ton to be rated at that weight , all fractions of half a mile injdistance, to be rated at half a mile; and be¬ sides the toll so to be charged, it shall be lawful for the said Company 13 to demand and receive, for the use of the collector of tolls on the said road for the time being, and as a compensation for weighing and book- Allowance for ing all coal or other minerals which may pass over the said road, the weighing,&c. further sum of not exceeding one cen t per ton on said coal or other minerals so transported on the said road, in consideration of which, he shall at all reasonable times, when so requested, exhibit to any person or persons interested therein, the accounts of said coal or other mine- rals so transported as aforesaid, and deliver to him or them a certified empiyc a rs P ie” copy thereof without fee or reward, and that the Company shall not be turning, authorised to charge toll on empty coal cars, returning from the land¬ ings to the mines : Provided, that the whole of said rail”road shall be Proviso, completed, with double track, within two years from and after the pas- Road to be sage of this act, in conformity to the eighth and ninth sections of the ^ "J, p double act to which this is a further supplement. track within Sect. 2. And be it further enacted by the authority aforesaid , That two y ears * the privileges granted by the seventh section of the act of Assembly, p nv j]eges of passed the third day of April, A. D. eighteen hundred and thirty-two, 7th sect, ofact to the Mine Hill and Schuylkill Haven Rail Road Company, and ex_ 32 d expend’ tended by the ninth section of the same act to the President and Mana- e d ’to this gers of the Danville and Pottsville Rail Road Company, the Mount Company. Carbon Rail Road Company, the Little Schuylkill Navigation Rail Road and Coal Company, and the Little Schuylkill and Susquehanna Rail Road Company, be and the same are hereby extended to the Mill Creek and Mine Hill Navigation and Rail Road Company. Approved —The twenty-eighth day of J anuary, Anno Domini, eigh¬ teen hundred and thirty-three. GEO. WOLF. A FURTHER SUPPLEMENT To an act entitled u An Act authorising the Governor to incorporate the Mill Creek and Mine Hill Navigation and Rail Road Company , passed February seventh , eighteen hundred and twenty-eight. Sect. 1 . Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania , in General Assembly met % and it is hereby enacted by the authority of the same , That the stock¬ holders of the Mill Creek and Mine Hill Navigation and Rail Road Com¬ pany, may after twenty days’ notice of the time and place, in the pa¬ pers mentioned in the act to which this is a supplement, hold an elec- tion for all the officers they are now by law entitled to elect, who shall | e £f officers** continue in office until others are chosen, according to the provisions of provided for. the law incorporating the said Company; and the officers so chosen shall have and possess the same power they would have had, if elected on the day prescribed by the said law; and the said Company shall not forfeit or lose any of its rights, liberties or francises, by having neglec- p rov|eo ted to elect officers on the day prescribed by law : Provided further , that if it shall happen that the stockholders of said Company should 14 Similar ne- not elect officers for said Company, on the day mentioned in the act in- agtinst ^corporating said Company, their charter shall not on that account be for- ture. feited, but may hold the said election at any time thereafter by giving notice as prescribed in the said act. Approved —The sixth day of March, Anno Domini, eighteen hun¬ dred and thirty-three. GEO. WOLF. A FURTHER SUPPLEMENT To an act entitled “An Act authorising the Governor to incorporate the Mill Creek and Mine Hill Navigation and Rail Road Compa¬ ny, passed the seventh day of February , Anno Domini , one thou¬ sand eight hundred and teventy-eight . Sect. 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 Construct sub- Mill Creek and Mine HillNavigation and Rail Road Company are here- sumtial j-aU by authorised to construct good and substantial rail roads, with a suffi- branches. 3 cient number of lateral branches, to accommodate the trade from about the junction of the present Little Wolf Creek branch rail road with the said Company’s road to the upper coal mines on said Little Wolf Creek, and also from where the present lateral road leading to the landings in the town of Port Carbon, leaves the main road to Coal street in said town, a distance of about two hundred yards, subject to the same regu¬ lations and restrictions as are provided in the act to which this is a sup¬ plement, and the several supplements thereto. Sect. 2. The time allowed for finishing the second track of said eduf lsf ja!!-Mill Creek and Mine Hill Navigation and Rail Road, be and is hereby uary, 1841. extended to the first day of January, one thousand eight hundred and forty-one. M Sect. 3. The said Company may increase the toll on said branch toil. merease rail roads until they yield fifteen per cent, on the capital invested in Proviso. said branch roads : Provided , that in no event shall the toll exceed fo ur ce nts pe r ton per mile in that proportion for the distance actually 2d Proviso, traveled on them and no more : And provided also , that the said Com¬ pany shall file their intentions to accept both or either of the branch roads mentioned in the first section of this act, in the office of the Sec¬ retary of the Commonwealth, and shall commence the work within sixty days after the passage of this act, otherwise this act to be null and void. Approved —The eleventh day of April, Anno Domini eighteen hun¬ dred and thirty-five. GEO. WOLF. 15 A FURTHER SUPPLEMENT 7 o the act entitled “An Act authorising the Governor to incorporate the Wallenpaupack Improvement Companyand for other purposes. Sect. 7. And be it further enacted by the authority aforesaid , That the Mill Creek and Mine Hill Navigation and Rail Road Company, Na^ may receive tolls not exceeding four cents per ton p er mile , on the viganon and branch roads of the_said_Compaiiyj and that the third section of the Railroad Co. supplementary act to the act authorising the incorporation of the sa ^^ e ' ea ^ of Company, passed the eleventh day of April, eighteen hundred and thir-p H e r ^ cer- ty-five, and so much of the fourth section of the act of incorporation, as lain arts, requires notice of the annual election for officers of said Company, to Legislature be given in two papers in Berks county, and two papers in the city of Philadelphia, be, and the same are hereby repealed, and the Legisla-) a te and re- ture reserves the right to regulate and reduce the tolls hereby author- duce tolls - ised. Approved —The first day of April, Anno Domini, eighteen hundred and thirty-seven. JOS. RITNER. A FURTHER SUPPLEMENT To the act incorporating the Mill Creek and Mine Hill Navigation and Rail Road Company. Sect. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met , and it is hereby enacted by the authority of the some, That it shall and may be lawful for the Mill Creek and Mine Hill Navigation and Rail Road Company, to open, widen, and alter their railway, and extend the same across the river Schuylkill to form a connection with the Mount Car¬ bon and Port Carbon rail road, and that they may change the location and direction of the same at any place between the points of beginning and ending specified in their charter, including the present extension across the river Schuylkill, so that it shall not be more than five rods wide, except at points for depots and engine stations, where it may be, if necessary, eight rods wide; that the said road may cross the river Schuylkill wherever the Managers may deem it expedient, subject in all cases to the damages expressed in their charter : Provided , that the said Company shall keep up and in repair, for constant use, as a branch road, the old rail road leading to the landings on the river Schuylkill, from a point from where the road authorised to be constructed by this act will diverge from the present rail road, near the house of William Kiehner, in the town of Port Carbon. Sect. 2. That the said Company shall not be compelled to lay a double track until the Managers may think the business on said road will require it, but the widening and re-laying of one track with proper turn-outs, shall be completed within eighteen months from the passage of this act. 16 Sect. 3. That if the said Company exclude horse power from said road, they shall transport the loaded cars of all persons by locomotive steam engines, receiving said cars at the uppermost point to which the locomotives shall travel and deliver the same at the turn-out leading to the landings at Port Carbon, or at the junction of the Mill Creek and Mine Hill and Mount Carbon and Port Carbon rail roads, as the own¬ ers of said cars shall direct, and they shall charge for the motive power, at a rate not exceeding two cents per ton per mile on c oal and other : minerals and fossils, and they shall return the empty cars without fur¬ ther charge. Sect. 4. That all the rights, privileges and immunities, granted to this Company in their original charter, and in the several supplements thereto, from time to time enacted, be and the same are hereby revived, extended and confirmed. Sect. 5. That so much of the act or acts incorporating the Mill Creek and Mine Hill Navigation and Rail Road Company, and the several supplements thereto, as is inconsistent with the provisions of this act, be and the same are hereby repealed. Approved —the seventh day of April, eighteen hundred and forty- five. FRS. R. SHUNK. Seventh Section of the Act of April 3d, 1832, referred to in the Text . How recover e