The Somerset herald and farmers' and mechanics' register. [volume] (Somerset, Pa.) 183?-1852, 1846-03-24

!, commodities ofany person or persons, as
regards priority of transportation, but they
shall be carried by the said company Ito
their respective places of destination, in
the order Of time in which they shall be
delivered to the said company for that
purpose.
Sec. That the said company may
sue and be sued in like manner az other
corporote bodies within this common
wealth sue and are sued, and in all mat
ters and things which may in any way
relate to or concern the exercise or abuse
Of the rights, privileges, powers and fran
chises hereby granted, and also in all
things which may relate TO or concern a
compliance with breach OF the condi-
tions and provisions this act, the said
company shall he subject to and under
the control OF the authorities of Pennsvl-
vania as if the said company had been
created by a law of this commonwealth,
and in any suit, action or proceeding at
law against the said company, the pro-
cess may be served, within the proper
county or district, upon any officer or
agent Of the said company.
Sec. 8. That that part of the Balti-
more and Ohio company road hereby au-
thOrized TO be made within this state is
hereby declared to be public highway,
and shall be open to the use of such per
son or persons or company as may de-
termine or choose to place cars ON. said
road for the conveyance of or the trans
portation Of property of any description
upon the payment of such rates Of toll
as the president and directors OF said com
pany may establish. not however ex-
ceeding the rates OF toll established, or
that NAV be established for the Columbia
and Philadelphia railway for the year one
thousand eight hundred and forty-six.
Sec. 8 That it shall be the duty OF
the president and managers OF said com
panv, so-soon as said railroad is compile
ted from Cumberland TO Pittsburgh, to
prepare a full and accurate account OF the
costs Of said railroad from Pittsburgh to
the Maryland line, authenticated BY the
oath or affirmation of the president and
secretary Of said company, and commu-
nicate the same to the auditor general OF
this commonwealth, who shall file the
statement in his office.
Src. 10. That the stock of said COM
pany, TO an amount equal 10 the cost Of
of the construction of that part of their
road situated in Pennsylvania, shall be
subject TO taxation By this commonwealth
III the same manner and at the same rate
as other similar property is or may be
subject; and it shall be the duty Of the
said company to cause their treasurer,
upon the declaration Of any dividend after
the road shall have been completed to
Pittsburgh, TO retain out cf said dividend
and pay into the treasury of this state any
tax to which said proportion of stock is
liable. And said company shall annual
ly, in the month of January, make a
statement to the Legislature, under oath
or Affirmation of the President thereof, OF
its affairs, and the business done upon
said road during the previous year, said
statement to contain full and accurate
account of the number Of passegers, a.
mount and weight of produce, merchan-
disc, lumber, coal and minerals transport
ed on said road cast of Pittsburgh and
west of Cumberland.
Sec. IL. That the mode Of ascertain
ing damages which may be sustained by
persons in consequence of The said rail-
road passing through their lands or by
the taking of materials to construct or re-
pair the same in Pennsylvania as is pro-
rided for IN the fifteenth section of the
! of Maryland aforesaid, for like damages
done in that state; and the provisions of
the sixteenth and seventeenth sections Of
the said act Of Maryland shall also be ex-
tended TO that part ofthc said road which
may be ia Pennsylvania, excepting the
word timber" in the said fifteenth Sec
ton, which material shall be obtained Of
the owner onl y by agreement or pur-
chase, and in all cases of assessed DANA
ges where the tile 10 the land is in dis
pute or where the parties ar dissatisfied
witis the finding Of the jury, or the own
er, his agent or attorney, duly authorized
to receive the amount of damages, cadnoi
be found for the space Of three months
after the assessment, the said amount
shall be paid into the court OF the proper
county by the said company on the ex-
piration Of the saib term of three months,
for the use Of the person or persons who
may be lawfully entitled thereto. Pro-
vided, That the owners of the said real
estate and materials, or the company, if
dissatisfied with the report of the Jury,
shall have right to appeal from the a
ward Of the said jury within twenty days
after the confirmation of the same by the
court, on complying with the provisions
OF the act OF assembly of the 10th June,
1887, entitled ''An act relating to refer
ence and arbitration," and said appeals
shall be afterwards tried by Jury as in