The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-04

~ UkuuBut iuto ~ QokPiIUu On ~ W0kItU 08y oil
April, A, d. ono thousand eight hundred and atty two,
and that the said company have violated their charter In
q oss sbs ssid 70 po %s1i 7, ~ = u unx tSsrssor. and a. Illegal ,0catoS !,
this Legislature, that by reason Of the omission to com
plsrs and bring into use the said road within the period
charter aforesaid, the said charter so granted to the
Erie and Northeast Railroad Company has become entire
y nSn to and "a. void son,m and in pursuance = nee Of. Of the the right .n re-
poration to resume all and singular the privileges
and franchises granted to the same therefore,
and privileges heretofore granted to the Erie and North
east railroad Company BY the act Of Assembly, authoriz-
twelfth day Of April, K. D. one ' thou.a sai'se eight
hundred and forty two, or by any act Of the General As
sembly supplementary thereto, b eand the same are here
by recinded, revoked and utterly and forever annulled.
Sec. 2. That the Governor OF this commonwealth be,
and he is hereby, authorized and directed to take such
measures as may be deemed necessary for the enforcing
and carrying INTO effect the provisions Of the foregoing
section, together with all aud singular such INCIDENTS or
consequences as may legally attach to the revocation
aforesaid, and to take possession OF, or cause to
be taken possession Of the said railroad 80 far
as the same has been constructed, and to appoint a
suitable person or persons to take the charge and custo-
dy thereof, until the same shall be further disposed OF
according to law and the compensation Of such person
the rate Of fifteen hundred dollars per annum.
Sec. 3. That IL shall be the duty of any sheriff OF any
count, OF this commonwealth and Of all good citizens
thereof, whenever warned or requires by the Governor, or
the person or persons 80 by him appointed A. aforesaid,
TO aid ard assist In the discharge OF the aforesaid SER
commonwealth in all they shall lawfully do under and in
obedience to such acquisitions and commands.
Sec. =. That as soon after the Governor shall have
caused possession TO be taken OF said road, under this
act az practicable, he shall cause notice Of this same TO
be served on the president Of said com pany person ally,
or by copy to be left at the Office of the same, IL shall be
lawful for him, and he is hereby authorized, to restore
the possession OF the said road to said company, on the
following conditions, which said conditions the said CON-
pany on accepting the same shall, by . vote thereof,
enter On their books, as conditions OF the rene val Of their
charter and in consideration OF the privileges hereby
l. The said company shall, by a proper al versence east
Of the limits Of the city Of Erie, construct and extend
their road to the harbor of Erie on such level and In such
manner al to permit sidelings or tracks TO the wharyes
or docks conveniently for the transportation OF mer.
chandise and freight to and from vessels and steamboats,.
u. That said road 80 extended shall be constructed
and finished by the time fixed by law, wherein the
Cleveland, gainesville anu Ashtabula Railroad Company
are bound by law TO extend the track or tracks Of their
road to the harbor aforesaid, and to be commenced
within three months from the date OF this act.
~. That the said company shall, on the completion
thereof from thence to the New York State limo to a
uniform guage OF four feet eight and q half inches. or
thereat.
". That the said company may maintain tn. said
road as IT is now located at aud in the city Of Erie, uu.
til the time fixed rs aforesaid for the completion Of their
road to the harbor Aforesaid, when they shall move the
same, together with all bridges. entertainments and su.
present terminus OF the said road, leaving the ground,
streets and alleys free and clear from the same.
as herein provided, and in a manner satisfactory to the
Governor, then and In that case all the rights, priv.
ieges and franchises granted and conferred on said COM
psny BY the act Of incorporation, passed 18th day otApril,
Ammo Domini one thousand eight hundred and forty-txo,
are hereby re enacted and conferred on the same as fully
as oy . said ,h act they were originally granted and confer
menciDg work to extend their road a. aforesaid to the
hsrbor OF Erie, increase their capital stock to the extent
OF four thousand shares but before doing so, the said
company, by its president, shall cause TO be GER .ifed. un.
der the seal of said company, and filed in the Auditor
same.
Sec. o. That from and after the expiration of the time
limited for the completion Of the Erie and North East
Railroad to the larboI aforessii, all connection south Of
said harbor, with any road running westwardly, shall at
once cease. and no such connection shall be permitted al AZ
any other point than at the harbor aforesaid.
This is the bill recommended by the Judi larry
oil the House TO be passed, and Ii will be
sten, covers the whole ground claimed by the people
OF Elie.
But q counter project has also been submitted. II
was read in place on Saturday, by Mr.. II rs, OF
Crawford county, bnt refer ed to the Com ni.iee on
the judiciary. Tbs friends Of the bill wished it sent
to the EaDroai Committee, and an animated deb sts
tnsued, in which every reason was given By eysrS
cepater Tor preferIing either ommittae except the
right Isason-thst he thought Tho repors icon the
wisbea. The vote was q close one, but the House
was not full. presume TIE Committee viii report
upon II in a few days, and most likely uafavor SHY.
II will be seen 1t takes essentially different ground
from the former bill. end is thought 70 have been
cent here be the company, or some party la its In.
tertst. subjoin a full co, y OF IT.
Supplement 20 The Act Incorporating he Erie and North
east Railroad Company.
Fec. l Be 1t enacted &c. Tha, the Erie aud North
east Railroad, as originally located and constructed, he,
and the same IL hereby, llegalized and confirmed, and de-
clared to be in full compliance with their act OF iucor.
poration, passed April II, 1872, and the supplements
thereto, anything in the said act or supplements, or any
notwithstanding Provided, that the said railroad com
pany are hereby authorized and required 70 { iverge from
tween French and German str. cts, a,d from thence to
extend and construct their road SO as TO pass north OF
their original line and across the depot grounds OF said
Sec. q. That as soon as the sunbury and Erie Rail.
road Company shall have bona fde commenced their
on af,y miles Of the west end Of their road, Or the Erie
city Railroad Company shall have commenced their work
in like manner, the said Erie and Northeast Railroad
Company shaIL, either by themselves or In conjunction
with one or both said roads, construct a branch from
their main line To the hsrbor Of Erie, 10 all respects ex-
cept grades, equal TO THAR main line div rging from
their said main line east Of Parach street, or Mt or near
such point as the Sunbury and Erie Railroad shall cross
the said Erie and Northeast Railroad. And further pro
vided, that the Cleveland, gainesville aud Ashtabuls
Railroad Company shall construct a branch from their
main lire to the said hnrbor Of Erie, diversins from their
tald main line west of Liberty street, making q connsc-
ton with the first. mentioned branch OF branches from
the east, north Of second street, and thereby forming a
loop liz g with the main line, aud which branch herein
required TO be constructed by the Clevelani, Painesyills
and Ashtabula Railfosd Company shall be instead and
place Of the bran.h Of said road required TO be con
strrcted by virtue osthe act pas sed May 8, 1854, relating
70 the sunbIi > and Erie and Cleveland aud Paiaesyille
Railroad companies.
zee. =. That the Erie and Northeast Railroad Com.
pany shall make such change or changes, and pay all
the expenses thereof, In the public road called the Buna-
10 road, in the township OF Harbor Creek, between MI.
ler's station and the Jaw mil, contiguous to the line Of
the railroad built by Lane and Others, as the Commits.
sioners Of Harbor Greek township may indicate and OBJ.
tain the location Of, by proceedings under the provisions
OF the general law Of 1888, entitled an act relating TO
roads, highways and bridges-all expenses 10 be paid by
the said railroad company. And provided further, that
all switches, turnouts, depois, and other appurtensnces
shall be 80 constructed ~ to avoid the making up n
trains Of cars across any Of the following named streets
OF the city Of Erie, to wit-peach, state, French, and
Parach streets.
Sec. 4. That for the purpose here ,ofors mentioned,
and for any other legitimate purpore, the said company
are hereby authorized to issue any amount, not exceed
ing three hundred thousand dollars OF coupon bonds, in
amounts not less than one hundred dollars, each bearing
sn interest Of not more than seven per cent. and 70 dis.
pose Of the same at such rates q. they may think adyisa.
bic, and 20 execute q mortgage, II they think IL advisa-
bic, to secure the payment Of the principal AMI interest