Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1857-06-10

IOdu piScSAibOu III CudTltF OI Iue GILL |
sylvania railroad; and the rates of toll char |
ged shall not be more thar eighty per centum |
of those prescribed in the charter of the I'm
ion canal company; it being the true intent
and meaning of this act that the said sections
of canal and aai lfoad and every part thereof
except is hereinbefore provided, shall be
and remain public highway and kept open
and iu repair by the purchaser or purchasers
thereof, or assigns, such for the use and
| enjoyment of all parties desiring to use and
enjoy the same Provided, That said pur-
chasers be authorized to grant, sell and con-
vey, or to lease for term of years, upon such
conditions as may be agreed upon any part or
portion of said canals, and any corporation or
association of individuals authorized by this
act to purchase the whole, may purchase or
lease such portions and hold the same subject
| to the conditions and entitled to all the priv
! ileges contained in this act I'rorided, That
| if said purchaser or purchasers, or their as
! signs, shall decide to abandon the Western
division, or any part thereof, then they shall
be required to lease the same to any party or
parties who may desire to keep it open, the
expense of keeping up the same dcvolving en-
tirey upon the lessees and the purchasers, or
their assigns, being forever exempt from any
responsibility for keeping in navigable condi-
ton said Western division ProUided fur
thcr, That if the said purchaser or purcha-
sers, or assigns, shall decide to abandon the
Western division or any part thereof, the said
purchaser or purchasers, their assigns,
shall within not less than sixty days before
such abandonment, purchase from the owner
or owners all the boats then in boating order
on the Western division, and all the cars and
trucks then in running order on the AHeghe
ny Portage Railroad at fair price and valu-
alton to be agreed upon by the parties and
whenever the said purchaser or purchasers, or
their assigns, and if any Of the said owners
cannot agree upon the price and value of any
Of the said boats, cars or trucks, the parties
SO failing to agree shall each select one COM
petent person, and they shall jointly select
third person, or failing to agree il the choice
of such third person, the two chosen as afore-
said shall select third person, and the three
persons so chosen shall value and appraise the
property, the price whereof could not be
agreed upon as aforesaid, and their award
shall be binding upon the parties
SEC. 6. That said purchasers may at any
time before the maturity of said bonds, and
after giving to the commissioners of the sink
ing found at least ninety days notice of their
intention so to do, pay off and satisfy the
principle of said bonds or of any one or more
of them with interest, until so paid, at the
prescribed rate, and shall be entitled to re-
f ceive back or be relieved from proportionate
amount of the additional security hereinbe-
fore provided for, and if at any time any one
or more of said bonds, or the interest due on
the same, be and remain unpaid for the space
of ninety days from and after the maturity
thereof, and the falling due of such interest,
{ then aud in that case the Commonwealth shall
! have full power to re-enter upon and take pos
session OF the property SO transferred; and If
, the Legislature shall be in session at the time
of such default, the Governor shall have full
power to appoint one or more persons to take
, possession thereof in the name of the Com
| monwealth, and all payments made, and the
, certificates of State loans as aforesaid deposi-
, ted with the State Treasurer shall, upon re-
, entry as aforesaid, be forfeited to the Com
monwealth and the Governor shall sue out
the mortgage if any be taken against any
{ other works of the purchasing company, by
scire facias. in the Supreme Court, wherever
, sitting under which all the mort0aged works
, shall be sold, with the rights and franchises
J of the company, and conveyed to the pur
chasers by the Treasurer of the Common
, wealth, without charge for poundage, subject
to any liens thereon at the time when mort
, gagged, which shall remain unaffected thereby
| Sec. T. That as soon as the purchaser
/ shall have made the payments and delivered
the bonds in number, and for amounts equa
: to, and falling due at the time provided TO
the payment of the respective instalments ant
shall have fully complied with the conditions
4 of this act, then the Secretary of the Com
e monwealth shall transfer the great seal OF th
y State to such purchasers, their successors
8 assigns, upon such terms and conditions
/ are mentioned in this act, the whole Man
q Line of the public works between Phlladel
" phia and Pittsburg, consisting of the Phila
/ delphia and Columbia Railroad, the Alleghen
: Portage Railroad, including the new road
l. avoid the inclined plains, with the necessar
: and convenient width for the proper use
IS said railroads, the Eastern Division OF tn
"A Pannsylyao;o Canal from, Courn bia TO tb