Historical Newspapers of South Carolina

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a- . -a V ii aiiim an.ic:. _ j T) r ^ie'r -p t itan Rail \ ti:-a I Company, Skctiox. I. tie it enacted by the Senate \ and Hoiis*' of Representatives, now- met and ; titling in Gencrul Assembly, and I'Mju authority of the same, fnat it shall bo"^k*.! ful to open books in the town of Co!un*|: under the direction of Andrew Wallu^R J John Bryce, John Glass, James G nuwright, and B. L. McL lughliu, or any three ofj them ; and at Camden, under the direction ofC, Shannon, John C mvy, C. Mathcson, j AVilliam McW illie, an i John Rosser, or I any three of them ; and at Che raw, under the direction of Jarnes V\ right, Daniel S. j Harlee, Brown Bryan, Nicholas Bunch, and ; Duncun McNair, or any three of them; and at Darlington Court llouse, under the cii reel ion of E. \V. C aries, W. W. Hardee, G. W. Dargati, G. W. J. McCai!, and E. j A. Law, or any three of them ; an 1 at Sum. j .m U ?!?* d,r? ction of Alister Gar- i iXJl ?111' ? u?? - den. F.J. Moses, W. flaynesworth.C. W. J Miller, an J W. M. Mil r, or any three of thern ; and at such other places, and under the direction of such other p rsons.as any Tour of the Commission' rs heroin before named to superintend the receiving of subsorptions at C unden shall direct, for the purpose of receiving subscriptions to an amount not exceeding wo millions of dollars, in shares of one hundred dollars each, for the purpose of effecting a communication by a flail Road from the 'crimination of the R tileigh and Columbia Rail Road, at the North Carolina line, through or near Cheraw,^and through or near Camden, to some other point to be' selected by ihe Company hereby incorporated, in or near the 'town of Columbia, Sou h C iroliiu, or to -such other point on the Lou sville, Cincinnati and Charleston Rail Road, or any branch thereof, as may do ernimed on by the company h? re by mcorpor ited, with the concurrence of the Loui>v ll<\ Cincinnat i ?nd Csarlcston Rail Road Company, tind lor prOVIUIIlg tlVCI > UCVCMill > Clim luuitir ient for the purpose of transport*!? on on the ame : Prov.ded, that noihmg h rein contained, snail he construed so ns to impair any rigat or privileges heretofore granted to the Sou h Carolina Canal and Rail Road Company. Sec. 2. Tno t.mcs nnd places lor receive ing subscription snail he fixed by the Commissioners at Camden, above mention. <J and shall be advertised in one or more newspapers pubis bed in the to\v.;s o Columbia Camden and Cheraw an I the books for receiving the sun , shall not be closed in less than ten days ; and if it shall appear ihut more tsan twenty I thousand shares of the capital stock aforesaid, stock shall have be? n subscribe for within the said ten d ?ys it shall be die du y of the Commissioners at Camden, or any three of them, to reduce the number ol shar? s snbser b for, among the subscribe 'crs in fair mil equ d p.'oporlons, to the - / 1 ! amount 01 S;OCK U km I? ?(, *.u?. t. by each, until iao amount of stock shall be reduced to twenty thousand. B i* if die -whole amount shall not b> su.$cr.bcd lor wiiiini ton days from the tune die books be opened to receive the subs-ri|v ions, then the books may be closed or continued open, or closed and re opened, wiilioir fur her notice, as a majority of the about mentioned Commissioners at C tmdcn, inav judge to be most expedient, until the whole number of shares sin'! be subscriber for. Sec 3. When live thousand shares [ shall be subscribed lor in the mannt r aforesaid, provided the same shall be done within two years after the p issing of this Act, the subscribers, their ex cutors, administrators of assigns, shall be, and they are hereby declared to bo incorporated into a company by the name and ?t\l?* of the Metio folitan Rail Ronil% Compuiiy. and by that name shall be capable in law of purchasing holding, soiling, leasmg and conveying estates real and personal and mixed, so far as shall be necessary for tlxi purposes hereinaf:er mentioned, and no farther, an J s all have perpetual succession, and by saiJ corporate name may suo and bo sued, and may have and use a common seal, which 'L ? ?i. n, mey may nave power iu uuvi ui pleasure, anil shall have and cnjov, a.i i may exercise all powers, rights ami privileges winch other corporate bodies may lawfully do, for the purposes mentioned in this Act, and may make all such by-laws, rules and regulations, not mcons stent with the laws of this State, or of the United States, as shall be necessiry for tho well ordering and conducting the affairs of tiie company. Sec. 4. Upon any subscription of s:ock ns aforesaid, there shall bo paid at the time of subscribing, to; he Commissioners or their .agents appoii ted to receive such subscr ptions tho sum of five dollars, on every share subscribed, 10 be deposi ed in some specie paying Bank in this S ate, 'o the credit of tho Metropolitan Rail Road Company, and the res.duc thereof shall be paid in such instalment, anl at such times asinay be required hv the President and Directors 4of fhe said eomnany. Sec. 5. Wue.i five maided thousand dotl.i s, or more, of n.e stock shall have | been subscribed, public notice of that event , shall be given by any three or more of the i said Commissioners at Camden, who shall1 have power at the same time, to call a gen- ! eral meeting of the subscribers, at such c< n- ' venient place and time, as they shall name in said notice. Sec. 6. .To constitute any such meeting,; a number of persons entitled to a mujoriy . of all tho votes which could he given upon all the shares subscribed, shall he -present, either in person or by proxy, and it a suffi. cient number to constitute a meeting do not .attend m that day, those who attend shall ihave power to adjourn from time to time, tinti) ,i mo..;inct shall he formed. UiJUl M 1 UVVI >li- _ Seb. 7. Tiuj subscribers, at their general ] meeting, before directed, and the proprie. j tors of stock, at every annual meeting there. j after, shall elect a President and six Directors, who shall continue in office, unless sooner removed, until the next anuuol meet, j ing after their election, and until their site. | cssors shall be? lected; but the suftl Pies;- j f ulent and I) r dors, or any of thetn. may at j ti any tunc be removed, and the vacancy i t t ?< rcby occasioned, be tiil< d by a majority |c of vot s given at any general meeting, j c The President with any three or more ot j? the Directors, or in the event of the s.ck. * ness, absence or inability of the President, i < any four or more of the D.rectors, who , t shall^aujoint one of their own body Prtsi- , i H^t, shall constitute a board for' i of business. In the case M otfice or President or any ! J D rectora^^fng from death, resignation,! i r< movul or disability, such vacancy may !' te supplied by the appointment of the Board, I i until tlte next annual meeting. ) Sec. S. The President and Directors of;: said Company, shall be, and they are here- \ by inves eJ with all the lights and powers : necessary for the construction, repair and j maintaining of a Hail Road to bo located I as aforesaid, with as many setts of tracks as they, or a majority of them may d*em necessary, anJ may cause to be made ; and ; also to make and construct all works whatsoever, which may be necessary and ex. j pedient, in order to the [ roper completion < of said Riil Road. Site. 9. The President and D'rectors ! shall avc power to make contrac s with J any person or persons, on behalf of the said j Company, for making the said Rail RoaJ, 1 an J performing all other works respecting j the same, which they shall judge necessary i ; an J proper, and to require from the subscri- ' ; bars, from time to time, such advances of j : money on their respective shares, as the wants of the Company may demand, untd 1 the whole of their subscription? shall be j : advanced ; to call, o:i any emergency, a I general meeting of the subscribers, giving ! j one month's no ice thereof, in one of the ; new>p ipt rs printed in the towns of Colum- j i bia, Camden or Choraw ; to appoint a Trea- j surer, Clerk, or such other officers as they ! may require to transact all the business of j t'ie Company, during the intervals between j t ic general m et ngs of the stockholders, i | Sec. 10. If any stockholder shall fail | i to pay the sum required of him by the j President and Directors, or by a majority j of them, within one month after the same j shall have been advertised in one of the j newspapers published in the towns of Co! ! uinbia, Caindt-n or Cheraw, it shall and may be lawful for the President and Direcj tors, or a majority ol them, to sell at public auction, nn l .o convey to the purchaser, the -iiare or shares ofsuch siockholder so faV- j ' ing or refusing, giving one month's prev. ; lous notice of the time and place of sale in I I manner aforesaid ; and after retaining ill ! I sum duo, and al oilier charges of the sale, | | out of the proceeeds thereof, to pay tlic sur- j I p us over to the lormcr owt.er, or his legal j representative. | JS.-C. 11. Be it further enacted, That if > tne capital stock of the Company hereby j incorpora e I, shall be found nsufficieut for tin* purpose of this Act, it shall and may be lin.if | for tie President arjd Directors of; [ the Coinp?n-, ar a mijoii y of them, from j j line o iinie to increase the sai 1 capital ; I stock :o an amount no exceeding three mil ! imns of dollars, by th?* ad ntion of as many j saares as they may deem ii'Hressary?first I gi\ing the individual stockfiolders for the i.ne, or he r legal representatives, th#? option of I ?kmg such additional shares, in proportion to'lie amount of stock respectively I held by tlurm, am' opening books in tho | . town of Columbia, and such other places j j as the President and Directors may think ; proper, for any balance of the said capital stock created which may not be taken by ! the slock holders for the tirn being, or in , tite r beha:f; and the subscribers for such i additional shares of the capital slock of tho j said Company, are hereby dcchred to be. ! tiiencelorth incorporated into the said Com! puny, with all the privileges and advantages, and suhj* ct to ullthe liabilities of die original j stockholders. ?ec. 12. Be it further enacted, That tho j President and Directors, or a majority of i them, shall have power to borrow money I | for the objects of this Act : to issue certificates or other evidences of such loans, and , to make the same convertible into the stock i of the Company, at the pleasure of I lie j holder; Provided, that the cap tal shu'l not 1 - - I thereby be increased to an amount excceu. : : tlirco millions of dollars ; and to pledge the property of the Company for the payment ' of the same with its interest: Provided^ that no certificate ot loan convertible into s ock, ; or creating any lien or mortgage on the pro- : , perty of the Company shall be issued by , the President an J Directors, unless the ex' pedi ncy of making a loan on sucli terms, i j and of issu ng such certificates, shall have first bo? n determined on, at a general meetj mg of the stockholders, by two-thirds of; i the votes which could be legally given in j favor of the same. Sec. 13. Bs it further, enacted, That : ! the said President and Directors, theii offi- j cers, agents and servants shall have full j i (lower and authority to enter upon all lands i | and tenements through which they may de.: . sire to condut t their Had Road, to lay out, | the same according to their pleasure, so j i the dwelling i.o ise.yard and of no persons < he invaded wjtnout his consent ; and that j ! th'-y shall have power to enter in, and lay jt ' - 1 , .U_ I , out sucij comiguous i.inus us nicy uiuy uc. siic to occupy us si:es for depots, toll: I houses, wan-nouses engine she-is, work .1 shops, water ctatons and other buildings j < for tho necessary accommodation of their 1 officers, .agents and servants, their horses, j < mules, anil oilier cattic, and for the protec. 15 tion of property entrusted to their enro : ( Provided, however that the land so laid ou; t on the lino of the Rud Road shall not ex- ( coed (except at d-rep cu s and fi lings) two t hundred feet in width ; and at such deep v cuts and filhngs, shall not exceed a widtli s sufficient for tiio construction of the banks c and deposits of waste earth, and that the c adjoining land for the sites of buildings, un- a less tho President and Directors can agree f wi h the owner or owners for the purchase d of the same) shall not exceed five acres on si any one parcel. s: Sec. 14. Where any lands or right of o Way, may bo required by the said Company !' or the purpose of constructing their road,! ujd for wan* of agreement as to the value ! fi hereof, or from any other cause, the same | r rannr t be purchased from the owner or > p )\vners, the same may be taken at a valu. j t ition to be made by five Commissioners, or p i majority of them, to be appointed by any j t Jourt of Record hav'ng law jurisdiction in i ;hc District whore some part of the land or j right of way is si uatcd ; anJ the said Com- ! c missioncnj, be.'orc they act, shall severally c ;akc an oath before some Justice of the j \ Peace, faithfully and impartially to discharge ! < the duty assigned them. In making said j 1 vi.luatiun, the Commissioners shall take into ' \ consideration the loss or damage which ! [ may occur to tho owner, or owners, in ^on-. s sequence of the land bring taken, or the [ right c f way surrendered, and also the bene. 1 l " 1-- ~t. . .K,?. , m anil auvaniage up, sue, ui un-y, ujuv ru- i ceivu from the erection or establishment of s the Rail Road or works, and shrill state ; f particularly the nature and amount of each, | and the excess of loss and damage over < and above the benefit and advantage, shall i form the measure of valid.ion of the said > land or rig! t < f way. The proceedings of ; the said Commissioners, accompanied ivith ^ a full description of the said land, or right | of way, shall bo returned under ihenamlsh ar.d seals of a majority of the Commission. ; crs, to the Court from which the commission 1 ' issued, there to rema n of record. In case ; i < it her party to the proceedings, shall appeal j; from the valuation to he next session of the j ; Court granting jhe commission, and give ! i reasonable notice to the opposite party of,? such appeal, the Court shall order a new < valuation to be made by a Jury, who shall; i bo charged there with in the same term, or 11 as soon as practicable, and their verd'ct j < shall be final and conclusive between the j parties, unless a new trialjshall bo granted: | > and the lands or right of way so valued 11 by the Commissioners or Jury, shall vest j' in the said Company in fee simple, so soan ' < as the valuation may bo paid, or when re- .s fused may be rendered ; when there shall i bo an appeal as aforesaid, from tho vnlua* ' lion of Commissioners, by ei her ofthe par.! i ties, the same shail not prevent the works j I intended to be constructed from proceeding; j j i .. /< I but when the appeal is made by the uom < pany, requiring the surrender, they shall < be at liberty to proceed in their work,only < on condition of g'ving the opposite party j < a bond with good security, to be approoved ' s of by the Clerk of tho Court whore the vcl- 11 u nion is returned, in a penalty equal to \ < double the said valuation, conditioned for the payment of the said valuation and inter- j I est, in case thesnnc be sustained, and in : < case it be reversed, for the payment of the i < valuation thereafter to be nude by tho Jury, t and confirmed by the Court. i Sec. 15. In the absence of any contract < or contracts, with the said Company, in re- | lation to lands through which the said road I or its branches may past, signed by the own- j I er :horeof. (or by his agent, or any claim. , I anf, or person in possession thereof", which \ \ nny be confi.med bv the owner tHerof,) ! < it shall be presumed that the land upon ,: which ti road or any.of its branches may 1 be constructed, together with a space of ; one hundred feet on each side of'.he centre j of said road, has been granted to the Com- j i uany by the owner or owners thereof; and j ihe said Company shall have good right and j title thereto, and shall have, hold and en- i joy the same, as lone as the same be used 11 only for the purposes of die said road, and j < no longer, unl- ss the person or persons ) own ng the said land at the time that part i ot the said road, which may be on the I said land was finished, or those claiming ; | under him, her, or them, shall apply for an j i assessment of the value of the said lands as I hen inafter d r cted.^within ten years next I aft< r the said p^r was finished ;and in ease I th>* sa d own r or owners, or <hose claiming I under him, her, or them, shall not apply for i such assessment within ten years next afier < the said part wis finished, he, she, or they, i shall be forever barred from recovering the j said land, or having any assessment or j compensation therefor; provided, nothing!! herein contained shall elfi ct the rights of I feme coverts, or infants, untiil two years i afier the removal of their disabilities. < Sec. 10. All lands not heretofore gran-! i ted to any person, nor appropriated by law ! < to the use of the State, within one hundred ; t feet of the centre of the said road or its < branches, which may be constructed by the j j said Company, shall vest in the Company i' as soon as the lino of the road is definitely ? laid out through it, and any grant thereat- < ter shall be void. ! 1 Sec. 17. If any person or persons shall M irrrudo upon the said Kail Road, or any j' brunch thereof, or part thereof, by any man- 1 ner of use thereof, or of the rights and priv- J ileges connected therewi h, without the per- , I mission, orcontrary to the will of the said j: Company, he, she, or they shall forthwith i 1 forefeit to the said Company, all the vehicles j1 that may be recovered by suit at law, and ?5 the person or persons so intruding may also j f bo indicted lor misdemeanor, and upon con- 4 viction, fined and impr soned by any Court 1 of competent jurisdiction. Sec. IS. Ifany personal shall wilfully and 11 and maliciously desrroy, cr in any manner j2 hurt, damage, rr obstruct, or shall wilfully 1 1 an 1 maliciously cause, or aid. or assist, or \ counsel and advise any other person, or a persons, to destroy, or in manner to hurt, ; n Jaroago, injure, or obs ruct said Rail Road, | jr any branch thereof, or any bridge or > rehiele useJ lor, or in transportation thore. s )n, such person or persons so offending, r thall be liable to be in?licteJ therefor. and j )n convicton, shall bo imprisoned not more j c ban one month, and pay line not exceeding ! b ire hundred dollars, nor less than twenty j a lobars, at the discretion of the Court before n vhich such conviction shall take place, and a hail he further liable to pay all the expenses j n >f repairing the same; and it shall not be tr lompctcnt for any person so offending j ^ uainst he provisions of this clause, to de-; tl it* I Ljnd himself, by pleading, or giving in cvi.. c< once that ho was the owner, or agent, or J hi ervant of the owner ol the land where pi uch destruction, hurf, damage, injur}*, or hi bstruci'on was done or caused, at the tmis i nj me tho sattie was caused, or no. v Sec. 19. Llvcrv obstruction to the safe. 1 n 1 free passage of vehicles on the said I i oad, or i;s branches, shall bo deemed aj I >ublic nuisance, and may be abated as such, i >y any officer, agent orser.nnt of the Com-!: mny ; and the person causing such ohstruc- j < ion, may be indicted and pu:fshoifor erect- 11 ng a public nuisance. j; JSec. 20. Whenever, in (lie construction!' >fsaid Rail Road, it shali be necessary to ; I :ross or intersect any established road, or j < vay, it shall he the duty of the said Presi- :: lent and Directors so construct the said 1 I tail Road across such established roads or 11 vays as not to impede the passage or trans , i )ortaiion of persons or property, nkng the j I nine : Provided, however, ilnt in order to 1 I - ft'iinn.Ki, r>r,i.V'ni, /\f /icl:l h'lKiir'd < JiLtl'IU A I Hi V. | \J I K JI?? J, cads or ways, in case it may bo necessary i i 0 occupy the same, it may bo lawful for the ; i j.ji-J President and Directors to change the said roads at points they ir.av deem it ex- l jcdient to do so ; and t:i:?t IL?r entering upon j I >r taking any land that may be necessary i ho re for, they shall be, and arc hereby au- | horized to proceed under the provisions of, < his Act, as in the case of lands necessary < or their Rail Road. Prodded,fur!her, that I u'evious to the making of any such change, j lie sa d Company shall make and prepare < 1 road equally good with the per: ion of the j i oa-J proposed to be substituted ; but noth-;1 ng herein contained shall be so construed ; is to ni"1 3 i: incumbent on the said Com..' aany to keep in repair any portion cf any ; *oawhich they may have change 1 as iforesaid : Provided, a/so, the Commission?r of the roads, in the Dis'ricts or Parishes : a which such alterations shall bo desired,? shall assent to such alterations, and approve Df the substitutes when completed. Sec. 21. All machines, wagons, vehicles ' md carriages purchased as aforesaid, with lie funds of the Company, or engaged in the business of transportation on sai J Rail Road,, ind ail the works of said Company con-1 itructed, or property acquired under au hortycfihis Act, and all profits which shall accrue from the same, shall be vested in the j respective stockholders forever, in propor. tion to their respective shares, and the snmc shall bo deemed personal estate, and shall be exempt from any public charge or tax whatever for the term oi fifteen years, and there- 1 ifter the Legislature may impose a tax not; exceeding twenty-five cents per annum per, share on each chare of the capital slock, 1 whenever the annual pro ft s thereof shall ?xcoed six prr een\ Sec. 22. Upon the toad hereby author- ( thorized; the Company shall have tlio ex- j elusive right of transportation ; when it is i completed, they shall at all times furnish } md keep in good repair, the necessary car- | riages and other requisites for tho sife and convenient transportation of persons and j properly ; and it shall be their duty nt all j :imcs, upon the payment or tender of the j .'oils hereby allowed, to transport to any dc- j pot on the rond, which the owner of the ! 5<>ods may indicate, and thereto deliver all : 4rtir!i>9 which b*? delivered to them for Iran- . spnrtntion, nr oilercd to thorn it) proper j condition to bo transported. Sec. 23. They shall give no undue j preference to the property of one person i over that of another, but as far as practica- j ble, shall carry each in the order of time in \ which it shall be delivered, or offered for j transportation, with the tolls paid or tendored. If the Company, or any of its officers 9r agents, shall fail to receive, trans port, or deliver, in due time, any [ roper tv j so delivered or offered to iht ni for transpor- , tation, or shall fad to take up set down any ! passenger or passengers, at such convcn- i ient point as tie or they may desire, upon : the payment or tender of the passage money hereby allowed, they shall forfeit and pay to , the party so injured, double -lie amount of the lawful oil pa>d or tendered, an 1 shall moreover he liable to an actio ) on t:?c case on which full damages, and double costs. 1 shall bo recovered. Sec. 21. So soon as any por ion of the Rail Road hereby authorised, may he in readiness for transportations, it shall he law- ; fid for the sud Prcsid* nt and Directers to j i? u? i transport uy uu-ir oiuutrs ut u?r-uia, ui uy contractors under them, persons and proper- j :y on the same ; and tliey slia'I luave povv- I r to charge for tiie transportation of per- ! ?ons, goods, produce, merchandize, and ; D'.her articles, and for the transportation of ! the mail, any sum not exceed ng the followng rates ; on persons, not exceeding se? en j indone half cents per mile for each person, j jnless the dis:anco which any person may ; jc transported, be less than ten miles, in j .vhich case the President and Directors may ; rmy be entitled to make an extra charge ' )f fifty cents, for taking up and putting down j neh person so transported ; for the trans)ortation of goods, produce, merchandize [ md other articles, not exceeding fifty cents i )cr hundred pounds on heavy articles, and i en ccn's per cubic foot on articles of mea? , . ,i aircnicur, lor every iiunarcu nines; nun j or the transportation of the mails, such turns as they may agree for. Ssc. 25. As soon us thirty miles of the j Hail Road hereby authorized, shall be com., j )!etc<J, the President and D rectors shall j' tnnually cr semi-annually, declare and j i nako such dividends as they nr?y deem pro j icr, cflho neti profits arising from tin? re. j l iourccs of the said Company, alter <i< duct-! t ng the necessary current and contingent ex- ? x nses ot the said Company, and shah di j 1 iclc the same among the proprietors of the : t tockofsaid Company in proportion to their' s cspectivo shares. t Sec. 26. Annualmcetingofthesubscnb-j 1 rs to the stock of the said Company, shall i <c held at such time and pi.ice, in each , ear, 11 s the stockholders at their first general' i lotting, or r.t any subsequent meeting may s i ppoint to constitute which, or any general s i iceting caiied by the President and Direc- 1 rs, according to the provisions of this r lcr, the presence of I* e propt ietors eiiiit-1 cd to a majority of all the votes which c ;>u!J be given by all the stocklioIJ rs, shall; s j necessary, either in person, or by proxy IJ rojierly authorized ami if a sufficient num. '< :r do not atteud on that day, cr any day; p ipointcd for a general meeting, called by j n v H'recto:*i aforesaid, the nroprc' ?rs.' u who do attend, may adjourn from time to | lima unt.I such general meeting shall be . had. i Sec. 27. In counting all the votes of die said Company, each member shall be allo.v. l\| one vote for each share not exceeding i two shares, ono vote for every two shares,! uhov* two, and not exceeding ton ; and one i vote for every fives shares abovo ten, by liim held at the time, in the stock of the j Company : Provided, however, That no ; stockholder whether an individual, whether ' body politic or corporate, shall bo en" if led j to more than s xtv votes on any amount of \ ihc capital s ock of said co.npany, held by ; him or them. 1 Sec. -S. The President and Directors | shall render distinct accounts of ;h *ir proreadings and disbursements of money to lite annual meetings of the stockholders. Sec. 29. The works hereby required of the Metropolitan flail [load Company, shall i - ?.?. i t: . i :c.i i.? : LK! CXCCUIOU Uil l Oiugoiice , aii'1 m i :ti/y uc ; not commenced within three years after the 1 passage of this Ac.\ and iiaisiied within I eight years after the first general meeting' af the stockholders, then this charier shall be forfeited. Sec. 30. The President and Directors I shall cause to be written or printed, certi- j ficalcs of the sh ares of the stock in the said 1 Company, and shall deliver one such cer i , ficute, signed by the President, and cou.i- , tersignoJ by the Treasurer, to each person, j for the number of snares subscribed by him,1 which certificate shall ho transferable by him, subject however to a'l payments due or to become due thereon ; and such ass:gnec? havinglirst caused the transfer or assignm cn o o to be entered in a book of the Company, to be kept for that purpose, shall ther.< c-forth become a member of the C uny'r.y aforesaid, and ilia!! be liubio to p \y all sums due or to become dun, upon the sock assigned ; them. Sec. 31. Be it further enacted, That any Rail Road which hereafter may ho construe, ted by the Stat", or by any Company in- j corpora tod by the LegisJ.ituro, shall bo at 1 liberty to crosss the road hereby allowed to j be constructed, upon a level or ntherwi* ,! as may be advantageous : Prcvitled, That i the free passage of the M' tropoli.au Rail Road is not thereby obstructed. Sec. 32. Be ilu further, enacted, That [ whenever the Rail Uoad shall bo so crossed or approached by any other Rail Road in- ! corporated by the State, tho said Metropolitan Rat! Road Company may erect a depot at or near the point of intersection, I A I 1 t I* _ - wir.TC tney nny rermve ana cionvcr passcngers and freight, and take therefor the same rates of compensation, ami be subject to the same regulations as at other depots ; and should they fa.l or refuse to erect such de? pots, the State ; or Company owning such intersecting road, may erect one, and the Company hereby incorporated shall receive and deliver passengers and freight at such depots undertthe same regulat ons aforesaid, unless the "same shall bo rendered impractiblo by tilt Situation o( the roal at such place. In the Senate House, the nineteenth day ! of December, in the year ofour"Lgrd one thousand eight hundred and thirty. : eight and in the sixty third year of our Sovereignty and Independence of the! United States of America. ANGUS PATTERSON, Presl dent of the Senate. D. L. WARDLAW, Speaker of Ike House of Reprcsen'.atives. THE GRkAT HURlilCANB &IN ENGLAND. The gale began on Sunday nigh', January 6, and during the whole of Monday is sai l to have been one of the most dreadful storms experienced in tho course of the j present century. In Liverpool, tho loss ?)f life, to say nothing of property, has been most liui"ntnble; little, if any, less than twenty deaths having been reported to the coroner. From the number of persons bruised, and othewise injured, it is to be feared that number, lame as it is, will not i include tho whole of the deaths in Liverpool; ' and as for those at sea, and the surrounding disri-1, very little was known. As several vessels were sunk in the docks, and not less titan fifteen were lying ashore at Bootio Bav, the p;obability is, the casualties at sea will have bt.cn very great. The Victoria (steam-tug) came up to j Liverj ool January 9, with 2G persons from tho Pennsylvania, and 22 from Lockicoods. i Cap'. Sniiili and the s-wond irute of the 1 Pennsylvania were washed overboard Jan- 1 uary 9, and drowm-d ; two men were left in j the main and one in ihe mizen top, all dead. . About tfO persons were lying on the poop of the Lockgoodx,. all dead, and several drowned [ in the cabin. The whole of the survivors, except two, who refused to leave ihc Lock 1 woods, were brought on shore from both j vessels by the V c oriti. The Pennsylvania was on shore 011 the ; North Bank. Three of the crew and two passeng* rs attempted o save themselves, < January 8, in one of the boats, but only Mr. Thompson, a passenger, got safe ashore. During the whole of Sunday the wind | blew strongly from the southeast, but many vessels, commanded by experienced cap- i fains, went to sea, and there was no hing to j indicate the frightfulstorm which followed. Suddenly, however, the win I shiffd to the 1 ;ou'!i \es', and, increasing rapidly, it became i perfect hurricane soon after midn gbf. j [t continued to blow in this dreadful manler for many hours, without a moments ccs- , iation, sweeping down chimneys, tearing ( ip slates by thousands, snapping in pieces j urge trees, casting down thick walls, driv- _ ng vessels 011 shore, and spreading dea.h ,, - - ...? oi.L. Dnpin'r rh<? uiti oestruenon on cvciy o.-.*. 0 ? , tho!e nigl.t the crash of /ailing slates was < ncessant ; and, it is remarkaele, that the j j light po! ci*? who were exposed to the wholo iiry of the storm, shotslJ have escaped aj- j nos' without injury. The l ist in'eliigcnco of Tuesday night i1 nused l!io utmost anxiety, in the interim of 1 uspen.se between that period and yesterday j ion.'iug, as to the success of the endeavors j jrtho preservation of tho passengers and ; \ roperiv. The worst tears respecting the ! i I-fated vessels reported to be in distress j c ere n'nppity confirmed. At nn early i r hour the most earnest inquiries were made in all quatters where it was likely to ob:ait>l information. U was soo 1 known that the\ New York packet ships Pennsylvania and \ S\ Andrew were total wrecks, and that the * Lockwoods, a British vessel, was in a similar condit'oa. The Victoria sicam-tughad in the course of Tuesday afternoon made every exertion to save as many as possible of the seamen and passengers from the wrecks She -ucc? eded in brings? on shore a considerable number from tnc Lockwoodsand St. Andrew ; but from eighty to one hundred souls were left in the first-named vessel. Amongst those; preserved was an infant only eighteen months old. whoso father and mother were left on boirJ. The Pennsylvania was then lying in the surf, with her hull nearly covered by the sea. The captain, crew, and passengers were in the rigging, and had been there since the vessel struck. The water was making a breach over her. Late on Tuesday nigh', Mr, Arthur, the active manager of the steam tug-boats, caused the crew of the V.ctoria to be increased and sent he r out to the vicinity of the wreck, to sec what assistance could be rendered. Unfortunately, the night was dreadlully se~ vrro; a boisterous and piercing wind, a kc !! fro-t, ?snow thunder and lightning, continued :o augment the sufferings of the poor creatures who were so entirely expos, cd to the wrath of the elements. It was evi. dent that, if the vessels kept together till morning, many of the suffering success mast perish from col I. Yesterday morning, nt seven o'clock, an inward.bound Dublin steamer saw the Penn. sylvania and Lockwoods, but could not render their cro.vs and passengers any assi tuncn. Tho lattar were seen in therig_ ging, an 1 their crii-s wrrc described as most heart-rending. The Victoria was at an. chor about half a mile.from the wrecks, waiting iho return of daylight to renew her efforts to rescue as mnny as possible of the survivors. In the course of the morning, another seam tug-boat (the Hero) wasscnt outside to render what assistance she could. The anxiety of those on shore to learn tho fate of the vessel and tho sufferers became inicns \ It was midday, however, before any thing ccrta'n was n.ade known, and the intelligence that then arrived was of C* such a nature as to make a most melan? choly impression on all who heard it. About noon, it was reported that one of the steam tug.boats ha J arrived, bringing with her the survivors from tho wrecks. Prom her was learned the following meian; choly particulars : On board the Pennsylvania, Captain Smi h, (a commander universally esteem; cd,) tho first and second mates, about seven i of the crew, and four of the passengers, had i all perished. Fortunately six had been saved. Th) captain and fifiy-four of the crew and passenger* of the Lockwoods were saved. Alt the survivors on board this illfated vessel were brought away except cno man. The wife of this person was on board in a dying state, and ho refused to quit her. The sight on board was most heart-rending. Men, women, anil children were !)ing dead over the sides. or hanging lifeless in the rigging, having perished from the severity of the weather, i The following is the best accoant we been able to collect of the number of persons 1 saved by the steam tug-boats : On Tuesday, the 8;h Jan.?From the St. Andrew, 23 ; from the Lockwoods,33. On the 9th Jan.?From the Pennsylvania, 26 ; from the Lockwoods, 22. This makes a total of 104 saved by the s'eam tug.boats from the three ships. Betwet n forty and fifty persons are said to have perished in the Lockwoods. The Lockwoods had on board 108 souls when she sailed of whom one was born on that day. They cons's od of 84 passengers, and a crew of 24. Of the crew only one man was drowned, while 52 of the passengers have perished. Of the crew 23 have been saved, and 32 passengers, making a total of 55. The shore presents a melancholy appear* ancc. The Oxford, American packet, which on .he Sunday afternoon presented so noble an apjx arancc as she anchored off Seaforth, lies now a wreck on tho shore, scarcely to bo recognized except by iho bulk of her hull, as a m ?jes:ic vessel which but a ft-w hours before so gallantly rode at anchor in tho port, tier cargo is of value. S.;c now lies off tho Rim rose, and between that point and Liverpool, a short distance of barely thr c miles, are fourteen other wrecks, one a steamer.. Four vessels lie on the shore together, as if curried with ono gust of wind. A Great Project.?Governor Porter, of Pennsylvania, has submitted a project of internal improvement to the Legislature of thai State, which if carried into effect, will immortalise his mine.?lie recommends to the Legislature to take such measures as may be necessary to procure the loca? tioti of a railroad from the States of Ohio, Indiana and Illinois, to Si. Louis. Now, sa\s a wri er in the Globe, if these Western States should agree, in connection with Pennsylvania, to locate a railroad between these two points, either by tho funds of tho different States or of companies private individual, in conueotion with those States, it would make 0110 of the most splendid lines of internal improvements in the world ?a line of con inuous railroad from the city of Philadelphia to the city of St. Louis; being perhaps about one thousand miles. This scheme is equally feasible and mag. nifieent. Nothing can prevent the com. plction of such a road one day or other, but the establishment of a better route, ivh ch, undoubtedly, would bo thaconnec. ion of the Baltimore and Ohio Rail Ro id, it Wheeling and Pittsburg, with toads run. ling from the latter pews to tho Banks of he Mississippi.?Baltimore Chronicle. Thames Tunnel.?This great work, upon vhich such vast sums have been expended, s nearly finished. Its present length ia sight hundred feet and one hundred feet of msonry h now required to complete if.