An ACT to enable the Governor to incorporate a Company to make an artjficial Road from the Spring-Houfe Tavern, in Montgomeiy County,

Transcription

1 215 1 CHAPTER LXXVII. An ACT to enable the Governor to incorporate a Company to make an artjficial Road from the Spring-Houfe Tavern, in Montgomeiy County, through Strawntown, in Bucks Cou~i1y,to Bethlehem, in Northampton County. Seaion i. E it enacted by the Senate and Hoz~fe of Reprefentative.c of the C~ommonwealth of Peni~fylvania,in General Assembly met, and it is hereby enacted by the authority of the fame, That Jacob Clemmens, John Commilllon- Roberts, Efq. and Chriftian Dull, of Móntgo- crc app~1nt;db mery county; David Thomas, ThomasMatthias ~rf,~ r and John Stokes, of Bucks county; and Abra-the houfe Spring- & Beth. ham Levering, Thomas M ICeen and Abraham lehem turn- Minch, of Northampton county, be, and they pike road. are hereby appointed commiffioners, to do and perform the feveral duties herein after mentioned; that is to fay, They thai! on or before the firit day of May next, procure two books, and in each of them enter as follows: We, whofe Form of fub. names are hereunto fubfcribed, do promife to pay fcriptionc. the prefident, managers and company of the Spring-houfe and Bethlehem turnpike road, the fum of one hundred dollars, for every fhare of flock in the faid company fet oppofite to our refpe&ive names, in fuch manner and proportions as (hail be determined by the faid prefident and managers, in purfuance of an aet of the General Affemb!y, entitled, An a& to enable the Governor to incorporate a company for making an artificial road from the Spring-houfe tavern, in Montgomery county, to Bethlehem, in Northampton county; witnefs our hands the day of in the year of our Lord one thoufand eight hundred and five ; and thai! give notice Notce to he in two of the public news-papers printed in the ~ nf~ city places when &

2 [ ~i6 ] where f~cb- city of Philadelphia, and one in each of tht~ counties of Montgomery, Bucks and Northampton, to be continued for one month, at lealt, of the times when and places where the faid books will be open to receive fubfcriptions of flock for the faid company, at which times and places, two of the faid cominiffioners (hall at- Who etayiub.. tend, and (hall permit and fuffer all perfons of ferabu. lawful age, who (hail offer to fubfcribe in the laid books, which (hail be kept open for the purpole, at leaf~four hours in every juridical day, for the fpace of three days, if three days (hail be neceffary, and if, at the expiration of th~ faid three firft days,, the laid books (hail not have flumber ~ feven hundred (hares therein f ubfcribed, the faid fharec to be commiffioners may adjourn, from time to time, ~ until the faid number of (hares thai! be fubcd in thrcc fcribed, of which adjournment public notice nob; (hail be given in at leaft two public papers; and adjourn, from when the faid fubfcriptions in the faid books time to time. (hail amount to the number aforefaid, the fame Subfcribers ~ (hail be clofed: Providedalways, That every perpay zo dollars fori offering to fubicribe in thelaid books, in his ~n each fhare, se the tir~~e fubfcribing. ~t own name or in the name of any other perfon, (hail previoufly pay tq the attending commiflioners ten dollars for every (hare to be fubfcribed~ For what pur. out of which (hail be defrayed the experice atyofe. tending the taking fuch fubfcriptions and other incidental charges, and the remainder (hail be paid over to the treafurer of the corporation, as loon as the fame (hail be organized, and the officers chofen as herein after mentioned. Sec. ~. And be it further enacted by tbe au- When ~M~ thority aforefaid, That when fixty perfons or cknt number more (hail have fubfcribed three hundred (hares fubfcrib:d for, or more of the faid ftock, the faid commiffionthe comniif- ers may, or when the whole number of (hares 1loner~to cer- aforefa~d(hail be fubfcribed, they (hail certify, under

3 9 7D under~their hailds and feals, the iiames of the ti~,&c~totli~ fubfcribers and number of (hares fubfcribed by Governor;. each fubfcriber, to the Governor, whereupon who thall he (hail, by letters patent under his hand and the feal of the State, create and ere& the fub- company. Icribers, and if the faicl fubfcription be not full at the time, then alfo thofe who (hail thereafter fubfcribe to the number aforefaid, into cue body politic and corporate, in deed and in law, by the name, ftyle and title of The Spring.Houfe Style of tli~ and Bethlehem Turnpike Company ; and by corporatloft; the faid name the faid fubfcribers (hall have perpetual fucceflion, ar~d all the privileges and its privileges franchifes incident to a corporation, and (hail be i~~i3~ PQWcrfr. capable of taking and holding the faid capital flock, and the increafe and profits thereof, and of enlarging the fame, from time to time, by new fubfcriptions, in fuch manner and form as they(hail think proper, if fuch enlargement (hail be found neceffary, to fulfil the intent ofthis a&, and of purchafing, t~kingand holding to them and their fucceffors and afligns, in fee-fimple, and for any lefs eftate, all fuch lands, tenements, hereditaments and effate, real and perfonal, as (hail be neceffary to them in the profecution of their works, and of fuing and being fued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do. T Sec. ~. And be it further enacted by the ateihority aforejaid, That the commuflioners herein Comtn~l1~os~. before named Ihail, as loon as conveniently may be after the letters patent are obtained, give thir- to meetfor the ty days notice in two public news-papers printed ~ ~ in Philadelphia, one in each of the counties of~orpora~on. Montgomery, Bucks and Northampton, one of which papers (hail be printed in the German language, of the time and plac~by them appointed

4 c pointed for the laid fubfcribers to meet, in ~ der to organife the laid corporation, and to choofe by a majority of~votes of the laid fubfcribers, by ballot to be delivered in perfon or Officers to be by proxy duly authorifed, one prefident, twelve chofen. managers, one treafurer, and fuch other officers as (hail be deemed neceffary, to condu& the buflriefs of the faid company, until the fecond Monday of November next, and until like of- ficers (hail be chofen, and may make fuch byelaws, rules, orders and regulations as do not contravene the conflitution and laws ofthis Commonwealth, and may be neceffary for the wellgoverning the affairs of the faid company: Pro- ~o ftockhold. vided always, That no perfon (hail have more er to have snore than five v otec. The times of annual & fpecial meetings of the compasly; mid power of the company at fuch meetings. than five votes at any ele&ion, or in determining any queftion arifing at fuch meeting, whatever number of (hares he may be entitled to, and that each perfon (hailbe entitled to one vote for every (hare by him heid under the faid number. Sec. ~. And be it further enacted by the authority aforefaid, That the faid company (hail meet on the fecond Monday of November in every year, at fuch place as (hailbe fizedby their bye-laws, for the purpofe of choofing fuch officers for the enfuing year, in manner aforefaid, and at luch other times to which they (hail be fummoned by the managers, as (ball be prefcribed by their bye-laws; at which annual or fpecial meetings they (hail have full power and authority tqmake, alter or repeal, by a majority of votes, in manner aforefaid, all fuch byelaws, rules, orders and regulations, made as aforefaid, and to do and perform any other corporate a&. Sec. 5. And be it further enacted by the atet!c~c~tesof tbority aforefaid, That the prefident and managers

5 C~2x9) gèrs firif thofen as aforefaid, (hail procure cer- n~resto be tificates for all the (hares of the ftock of the ifrued; laid company, and (hail deliver one fuch certificate, ~3gnedby the prefident and counterfigned by the treafurer, and fealed with the common lea! of the faid corporation, to each perfoui, for every (hare by him fubfcribed and held, he paying ten dollars for each (hare; which certificate which diali be fhali be transferrable at his pleafure, in perfon transferrabie, or by attorney duly authorij ed, in the prefence of the prefident or treafurer, fubje& however to all payments due and to become due thereon; and the affignee holding any certificate, having flrft caufed the affignment to be entered in a book of the company, to be kept for the~ purpofe, (hail be a member of the corporatioul; and for every certificate affigned to him as aforelaid, (hall be entitled to one (hare of the capital flock of all the eftate and emolument of the company, and to vote as aforefaid at the meetings thereof. Sec. 6. 4nd be it further enacted by the ate- ~horityaforefaid, That the faid prefident and ma- Meetings of nagers (hail meet at fuch times and places as (hail tllcd prefident be ordained by their bye-laws, and any feven ~a ~ members (hail form a quorum, who, in the ab- ings at ftich fence of the prefident, may choofe a chairman; meetings. they (hail keep minutes of all their tranfa&ions, fairly entered in a book; and a quorum being formed, they (hail have full power and authority to appoint all luch furveyors, engineers, fuperintendants, and other artifis and officers as they (ball deem neceffary, to carry on their intended works, and fix their faiaries and wages; to afc~rrahithe times when and manner and proportion in which the ftockholders (hail pay the monies due on their refpeehve (hares, in order to carry on the work, and to draw orders on the VOL VII. ~ F treafurer

6 [ ~o ] treafurer for all monies neceffliry to pay the fa~ lanes or wages of perfons by them employed, and for the materials: Provided, Such drafts (hall be figned by the prefident, or, in his abfence, by a majority of a quorum, and gene-. rally to do all fuch other a&s, matters and ~hingsas by this aa, and the bye-laws, rules, orders and regulations of the company they fhail be authorifed to do. Sec. 7. And be it further enacted by the ate- Regulations in thority aforefaid, That if, after thirty days notice cafe of negledt in two of the public news.papers printed in the to pay the f ub-. Icription-mo- city of Philadelphia, and one in each of the i iey,, counties of Montgomery, Bucks and Northampton, of the time and place appointed for the payment of any proportion or dividend of the faid capital flock, in order to carry on the work, any ftockholder (hail negle& to pay fuch proportion or dividend at the place appointed, for the fpace of thirty days after th~time fo appointed, every fuch ftockholder, or his aflignee, (hail, in addition to the dividends fo called for, pay after the rate of five per cent. per month, for delay of fuch payment; and if the lame and the Laid additional penalty (hail remain unpaid for fuch Ipace of time, as that the accumulated penalties (hail become equal to the ( urns before paid in part, and on account of fuch (hares, the fame (hail be forfeited to the laid company, and may be fold to any perfon or perlons willing to purchale, for fuch price as can be obtained for the lame. Sec. 8. And be it further enacted by the ate- Authority for thority a/ore/aid, That it (hail be lawful for the faid prefident and managers, their fuperinto enter lar,ds, tendants, lurveyors, artifis and chain-bearers ~iarries~ ~ to enter into and upon all and every the lands

7 f lands ai~dinclofures, in, through and over which the laid intended turnpike ~roadmay be thought proper to pafs, and to examine the ground mole proper for the purpole, and the quarries: and beds of (lone and gravel, and o- ther materials in the vicinity that will be neceflary for making and conftru&ing faid road, and to furvey, lay down, afcertain, mark and fix andlay out the fuch route or track for the fanie, as in the beft ~ of their judgment and (kill will combine fhortnefs of diftance with the mole praaicable ground. Sec. 9. And be it further enac?ed by the authority aforefaid, That it (hail be lawful for the Power of the faid prefident and managers, their luperintend- ~ ants, engineers, artiffs and labourers, with take materials; their tools and inifruments, carts, waggons, wains and other. carriages, and with bealts of draught and burthen to enter upon the lands, in, over, contiguous and near to which the route and track of the laid intended road (hail pafs, firfi giving notice of the intention to the owners thereof or their reprefentatives, and doing as little damage thereto as poffible, and repairing any breaches they may make in the inclofures thereof, and making amends for any and mode of damages that may be done to any improvements ~ thereon, upon agreement, if they can agree; thercfor. or if they cannot agree, then upon an appraifement to be made upon oath or affirmation, by three difinterefted freeholders, mutually to be chofen; or if the owners, upon due notice, (hail negle& or refufe to join in the choice, then to be appointed by any juflice of the peace of the county not interefted on either fide, and the faid freehoiders, or any two of them, agreeing, (hail deliver their award to the laid juffice in writing, and on payment or tender of the appraifed

8 praifed value, the Laid prefident auid inanagers and their workmen may proceed to dig, take and carry away any (lone, gravel, fand or earth being mole conveniently fituated for making or repairing the laid road: Provided, That under the laft manner of appointment the laid freeholders, either of the parties, may appeal to the court in the ufual manner within fix days from the time of giving the award. Sec. ~o. And he it further enacted by the ate- ModeofaiTefs~thorityafo~J?iid,That if the faid road (hail be laid in~laniages~ out upon any land, whereby the owner thereof ~Iv~1èIa~he (hail fuffer damage, the perfon orperlons fuftainroad may pals. lug fuch damage may make application to the court ofthe county in which fuch damage is fultamed, and thereupon the court (hail appoint fix difinterefted perlons to view and adjudge the a- mount ofthe damage fo done, which, ifapproved of by Laid court, (hail be paid by the company. Sec. i r. And be it further enacted by the ani~t~ulttions ihority aforejaid,that the laid prefident, managers for laying out and company (hail caufe a road to be laid out the road &c~ of not lefs than fifty feet, nor more than fixty feet in width, in fuch manner as that the pre- Lent buildings on laid road be not injured, and at ieaft twenty~onefeet thereof to be made an artificial road, bedded with wood, (lone, gravel, or any other hard fubifance, well compaaed together, and of fufficient depth to fecure a folid foundation to the fame, and the laid road (hail be faced with gravel or (lone pounded, or other fmall hard lubftance, in fuch manner as to fecure a firm, and as near as the materials ~vi1ladmit of it, an even furface, and fo nearly level in its pro~refsas that it (hail in no place rife or fall more than will form an angle of four 3

9 E223 3 four degrees, with an horizontal line, and tha1~ forever hereafter maintain and keep the fame in good and perfe& order, from~thespring-houfe tavern, in Montgomery county, through Strawn~ town, in Bucks county, to Bethlehem in Northampton county; and the laid prefident, mana- gers and company (hail have power to ere& permanent bridges over all the waters crofling the the faici road. Authority to Sec. i ~. And be it farther enacted by the au- erc6t bridges. thority afore/aid, That fo loon as the company (hail have perfeaed the laid road, from the Spring.houfe tavern the diftance of two and a halfsmiles, and fo from time to time any dif- When licence tance not lefs than five miles pro~reffive1y,to crc~lgates may be obtainhkewife when the remainder (hail be finilhed, ed. they (hail give notice thereof to the Governor, who (hail thereupon forthwith nominate and appoint three difinterefted perfons to view and examine the lame, and report to him, in. writing, whether the laid road is fo far executed in a mafterly and workman-like manner, according to the true intent and meaning of~this a&; and if their report (ball, in. either cafe, be in the affirmative, then the Governor (ball, by licence under his hand and the lefs feal of this Commonwealth, permit and fuffer the laid prefident, managers and company to erc~± and fix fo many gates or turnpikes, upon and acrofs the laid road, as will be neceffary and fufficient to colle& the toil and duties herein af~ ter granted to the faid company, from all per~ fons travelling on the fame with horfes, cattle, carts and carriages: Provided, That no toil be demanded or takenfrom any perfon or perlons pafsing or repafling from one part ofhis orher farmto another, and all perfons attending funerals, places of ~vorlhip,and all militia-men, on days ofwho thall be training :xrpt frous

10 c ~ :i training, their horfes and carriages, (ball be e~c~ empt from the payment of ~tollsin going to and returning therefrom. Sec. 53. And be it~furtherenacted by the ate- When the ibority aforefaic!, That when the laid company company may is licenced in manner aforefaid, it (hall and may ~ be lawful for them to appoint luch and lo many toll-gatherers as they (hall think proper, to colle& and receive of and from all and every,perfon or perfons, ufing the faid road, the tolls and rates herein after mentioned, and to (lop any perfon riding or leading any horfe, or driving any horfes, cattle or hogs, (beep, coach, coachee, fulkey, chair, chaife, ph~ton,cart, waggon, wain, (leigh, fled or any other carriage of burthen or pleafure, from palling through the faid turnpikes, until they (hail re.. fpe&ively have paid the. fame; that is to fay, For every five miles in length of the laid road, completed and licenced as aforefaid, the following fums of money, and fo in proportion for any lefs diflance, or for any greater or lefs num- Rates of tolls. ber of (beep, hogs or cattle; to wit, For every Icore of hogs, fix cents; for every fcore of (beep, fix cents; for every fcore of cattle, twelve cents; for every horfe and his rider or led boric, three cents; for every fulkey, chair or chaife, with one horle and two wheels, fix cents; and with two hones, nine cents; for e- very chariot, coach, ph~tonor chaife, with two horfes and four wheels, twelve cents; for either of the carriages JaIl mentioned, with four horfes twenty cents ; for every other carriage of plealure under whatever name it may be known, the like lums, according to the number of wheels and horiis drawing the fame; for every (lagewaggon, with two horles, twelve cents; and f~revery fuch waggon, \rith four horfes, twenty S -

11 r ty ~ents~ for every fleigh, three cents for ~acii horfe drawing the lame; and for every fled, two cents for each horfe.drawing the fame; for every cart or waggon, thebreadth of the wheels of which (hail exceed four inches and not cx- Leed leven inches, three cents for every horfe drawing the fame; for every cart or waggon, the. breadth of the wheels of which (hail be. more than feven inches, and not more than ten inches, or being of the breadth of feven inches (hail roll more than ten inches, two cents for e- very~horle, drawing the fan~e;for, every cart, or waggon the breadth of the wheels of which (ball be more than ten inches and not exceed twelve inches, or being ten inches (hail roll more than fifteen inches, one cent for every horfe drawing the lame; for every cart or waggon, the breadth of the wheels of which (hail be more than twelve inches, one cent for every horfe drawing the fame; and if any per- Peneltyforii~- Ion or perfons (bailreprefent to the faid company, or any of their officers,, that he, the or pany of toi. they have travelled a lefs diftance than he, (he or they have a&ually travelled along the laid road, with intent to defraud the faid company of its toll, or any part thereof, fuch perfon,or perfons (hail, for every luch offence, forfeit and pay to the ufe of the laid company, the furn of fixteen dollars; and if any toll-gatherer (hail Penalty for demand and receive toil for a greater diftance ~~hais than the perfon of whom fuch toll is demanded isallowed by (ball have travelled along the faid turnpike road, law. or (hail demand and receive greater toil from any perfon or perfons than fuch toli~gathereri~ authorifed to demand and receive, by virtue of this a&, fuch toll-gatherer (hail forfeit and pay the fum of twenty dollars, for every fuch offence, to the ufe of the poor of the townihip in Appr~priatiost which the I brfeiture is incurred; but if therebe thereof. no

12 Comparative no poor, then to the fupervifors for the repair of the roads in faid townthip, and for the payment of which the laid company (hail be refponfible 0 Sec. iii.. And be it further enactd by the authority aforejaid, That all fuch carriages as afore.~ ~ laid, which may be drawn,by oxen, or partly by horfes and partly by oxen, two oxen (hail be effimated as equal to one horfe, in charging all the aforefaid tolls; and every mule as equal to one horfe. Sec. i ~. And be it further enailed by the ate- Proceedings thority ajorejald, That if the faid company (hail in cafe the road negle& to keep the laid road in good and per. lid fea order for the fpace of five days, and inrepair. formation thereof (hail be given to any juftice of the peace of the neighbourhood, within the county where the repair ought to be made, fuch juftice (hail iffue a precept to be dire&ed to any conftabie, commanding him to fummon three difinterefted perfons to meet at a certain time, in the laid precept to be mentioned, at the place in the faid road of which complaints is made, of which meeting notice (hail be given to the keeper of the gate or turnpike neareff thereto within the laid county, and the laid juftice (ball, at fuch time and place, on the oaths or aflirmations of the laid perfons, enquire whether the laid road, or any part thereof, is in fuch good,and perfeel order and repair as aforefaid, and (ball caufe an inquifition to be made under the hands of himfelf and a majority of the laid per- Ions, Sand if the laid road (hall be found by the laid inquffition to be out of order and repair, contrary to the true intent and meaning of this a&~the faid juftice (ball fo certify arid fend one copy of the (hid inquifition to each of the keepers of the turnpikes or gates between which fuch defealve 3

13 [ 227 :i defe~ivepiac e (hail be, and from thenceforth In certain the tolls hereby granted, to be colle&ed at fuch cafes toll fhall turnpikes or gates, (hail cea~eto be demanded, ~ paid or coile&ed, until the laid defcaive part or parts of the faid road (hail be put into good and perfe& order and repair as aforefaid; and if the fame (hall not be fo put into good and perfe& order and repair, before the next general cour,t of quarter-feffions of the peace, to be held for the county in which the defe& is proved to be, the aforefaid juftice (ball certify and fend a copy of the inquifition aforefaid, to the juftices of the faid court; and the faid juftices (hail thereupon caufe procefs to iffne, and bring in the body or bodies of the perfon or perlons entrufted by the company with the care and fuperintendance of fuch part of the Laid road as (hail be fo found defe&ive, and (hail dire& a bill of i.ndiament to be lent to the gran d-inqueft againik the perfon or perfons entrufted by the laid company as aforefaid~and upon convi&ion (ball give. fuch judgment, according to the nature and aggravation of the negle&, as the laid court may deem juff and proper; and the fines and penal-s ties fo to be impofed (hail be recovered in the fame manner as fines for mifdemeanors are ufually recovered in the laid court, and (hail be paid. to the lupervifors of the highways of the town- (hip wherein the offence was committed; to be applied to repairing the public roads within fuch townthip. Sec. x6. And be it further ena&d by the atethority aforefaid, That if any perfon or perfons Penalty forenwhomloever, owning, riding in, or driving any fulkey, chair or chaife, ph~ton,cart, waggon, ment of tqu. wain, fleigh, fled or other carriage of pleallire -or burthen, riding or leading any horfe, mare or gelding, or driving any hogs, (beep o,r other VOL. vir. 2 U cattle,

14 [2283 cattle, (bail therewith pafs through any private gates or bars, or along or over any private paffage, way or other ground near to, or adjoining any turnpike, or gate ere&ed, or -which fhail be ere&ed in purfuance of this a&, with an intent to defraud the company, and avoid the payment of the toil or duty for palling through any fuch gate or turnpike; or if any perfon or-perfons (hail, with Inch intent, take off, or caufe to be taken off, any horfe, mare or gelding, or other cattle, from any fulkey, chair, chaife, ph~ton, cart, waggon, wain, fleigh, fled or other carriage of pieafure or burthen, or pra&ife any other fraudulent means or device, with the intent that the payment of any fuch toll or duty may be evaded or leffened, every perfon or perfons, fn all or any of the ways or manners aforefaid, offending, (hail, for every fuch offence refpeaively, forfeit and pay to the prefident, managers and cdmpany of the Springhoufe and Eethlehem turnpike road, any lum not exceeding ten dollars; to be fued for and recovered, with coils of fuit, before any juftice of the peace, in like manner, and fubjea to the fame rules and regulations as debts of a fimiiar amount may be fued for and recovered: Pro- Provifoin cafe vided always, That if any perfon or perfons an a~uionfor, (hail be profecuted under this fealon of the a~l Such penalty as.. ifot ui~ai1]ed. and the faid profecution (hail not be fuftamed on the part of the profecutors, then, and in Inch cafe, the perfon or perfons profecuted as aforelaid, Ihail receive from the company the lurn of ten dollars, in lieu of damages arifing from delay and vexatious profecution; recoverable as other fines under this aet. Sec. 17. And be ii further enacted by tbe au~ Fair accounts thorily aforejaid, That the pr~fidentand manaof tbebco~wa-gers of the laid company thall keep fair and juff accounts

15 c 2~9 ] accour~tsof all monies received by them from the faid commiffioners, and from the fubfcribers to the faid undertaking, on account of the feveral Iubfcriptions, and of all penalties for de.. lay in the payment thereof, and of the amount of the profits on the (hares which may be forfeited as aforefaid, and aifo all monies by them expended in the profecution of their faid work; and (hall once at leaft in every year lubmit fuch and mubmittcd accounts to a general meeting of the ftockhoid. ~kl~ders, until the faid road (hall be complete, and crs. until all the cofts, charges and expences of effe&ing the fame (hail be fully paid and, difcharged, and the aggregate amount of Inch cxpences (hail be liquidated and alcertained; and if upon Inch liquidation, or whenever the capital ftock of the faid company (hail be nearly expended, it (hail be found that the laid capital If the capkal flock will be infufficient to complete the laid ~ road, according to the true intent and meaning cienc to cornofthis a&, it (hail and may be lawful for the faid. prefident, managers and company, at a ftated be incre~fed. or fpecial meeting to be convened according to the provifions of this a&, or their own bye-laws, to increafe the number of (hares to luch extent as (hail be deemed fufficient to accomplifh the work, and to receive and demand the monies fubfcribed for fuch (bares in like manner, and under like penalties, as are herein before provided for the original lubfcription, or as (ball be provided by their bye-laws. Sec. i8. And be it further ena~5~ed by the authority aforefaid, That the laid prefident, mana- Accounts of monies culba. gers and company, (hail allo keep a juft and true ed for toll to account of all and every of the monies received be kept; by their Ieveral and refpec Iive coile&ors of toils, at the feveral and refpe&ive gates or turnpikes on the laid road, from the beginning to the end thereof,

16 r ~~ - j~ and the profits thereof, and (hail make and declare a dividend divided among of the clear profits and income thereof, all conthe ftockhoidçrs. tmgent coils and charges being firfi dedu&ed among all the fubfcribers to the faid company s Nijtice to be flock, and (ball on the firft Monday in Novempuhlilhedwhen ber and May, in every year, publiih the half- ~ yearly dividend made of the laid clear profits among the ftockholders, and of the time and place when and where the lame will be paid, and (bail caufe the lame to be paid accordingly. be paid. Sec. 19. And be it further enacted by the atean abi cra& of tbority aforefaid, That the laid prefident and the accounts to managers (ball, at the end of every year from be laid before thelegiflature. the date of the corporation, until the whole road (hail be completed, lay befor,e the General Affeinbiy an abftra& of their accounts, (hewing the whole amount of capital expended in profecution of the laid work, and of the income and profits ariiing from the toils for and during the laid relpe&ive periods, together with an exa& account of the coib and charges of keeping the faid road in repair, and all other contingent coils and charges, to the end that the clear annual income and profits thereof may be afcertamed and known; and if at the end of two years after the faid road (bail be completed, from the beginning to the end thereof, it (ball appear from the average profits at the end of the And ifthe pro- laid two years, that the laid clear income and will ~ot profits thereof will not bear a dividend of fix yield a divi(lend of fix per cent. per annum, on the whole capital ret cent, the flock of the laid company fo expended, then it ~ (ball and may be lawful for the faid prefident, managers and company, to increale the tolls herein before allowed, fo much upon each and every allowance thereof, as well raile the dividend up to fix per cent. per annum, and at the end of every year after the laid road. (hall ke completed - I

17 c 231 ~ completed, they (hall render ur~toth~general.affembly a like abftraet of their accounts, and if at any time the laid clear income and profits thereof (hail exceed a dividend of nine per cent. but when they per annum, the furplus above that amount, when7~ a dlvi-, end of nine fufficient (ball arife, (ball be appropriated by per cent. the the faid prefident and managers to the purchal e furpius to be of fuch (hare or (hares of the laid flock, as th e in appropriatcd buying off money arifing from the laid lurplus as aforefaid tlie fliares. will be found adequate to purchafe, until all the laid (bares (hail be fo purchafed, and the laid lubfcribers (hall determine by lot, from time to time, whofe (hare or (hares (hail be paid ofi~for which (hares the laid company (hail pay the lums which were originally paid for each refpeetive (hare, and when the whole when all the number of (hares (bail be purchafed as aforefaid Ihares are bought off the then the laid road (hail be free and no toll what- road Ihall be ever (hail be exaaed. :,, Sec. 20. And be it further enaaed by the authority aforefaid, That the laid company (ball Dired~onpof cs andindexcaufe pofis to be ere&ed and continued at the hands to be einterfe&on of every public road leading out of re~edat the the faid turnpike road, with a board and index~intcrfe&ion every road of hand pointing to the dire&ion of Iuch road, on with the turnboth fides whereof (hail be inlcribed, in legible ~ chara&ers, the name of the town, village or place to which fuch road leads, and the diltance thereof in meafured or computed miles. Sec. 21. And be it further enae~7cdby the authority afarefaid, That the laid company (hail Mile-ftones, caufe mile-ilones to be placed on the fide of ~ to be eredled on the the laid road, beginning at the diffance of one road; mile from the Spring-houfe, and extending thence to the termination of the turnpike aforefaid, whereon (ball be marked, in plain legible charat~ters,the relpealve number of miles which -

18 [,~32~ which each Ilone is diftant from PhiiadeI ph~a, and, at every gate or turnpike by them to be ntet~rt~n~er. fixed on the faid road, (hail caufe the dift~nc~ tam place s to from the Spring-houfe and the diftance from be marked. the neareft gates or turnpikes, in each. dire&ion, to be marked, in legible chara&ers, defignating the number of miles and fraeuons of a mile, on the laid gates or fome other confpicuous place, for the information of travellers and o~enattyfor dc. thers ufing the faid road; and if any perlon f~royingmile~(hall wilfully deftroy the faid pofis, boards, in dex-hands or miie-ftoncs, or deface the fame, or deface the direetions made on the laid gates, or other conlpicuous places, as aforefaid, or (ball, without permiffion of the aeting fiiper~ intendant of the faid road, throw out upon,the laid road, or within the limits of the fame, and fuffer to remain for the lpace of one day, or throwing -any niouid, dirt, (havings,. weeds or rubbith of ~*~ay rubbith in any kind, luch perlon, being conviaed thereof the road., by the evidence of one or more credible and difinterefted witnefs or witnefies, before any juftice of the peace of the county not interefted in the road, he or(he (hail be adjudged, by the faidjuftice, to pay a fine not exceeding ten dollars; to be recovered, with coils, as debts of equal amount are or ma~rbe by law recoverable; which fine, when recovered, (ball be paid by the faiti juftice to the treafurer of the laid company, fpr the ule of the laid company. and at avery Sec. 22. And Dfrse~io~s ~ thoriiy aforcfaic4 drivcr~on laid road. vers of carriages be it further ena&d by the authat all waggoners and driof all kinds, whether of butthen or picafure, ufing the laid road, (hail, except when pafling by a carriage of flower draught, keep their horfes and carriages on the right hand (ide, of the laid road, in the pafling dire~±ion, leaving the other fide of the road free and

19 233 j and clear for other carriages to pals and repafs; and if any. di~iver(hail offend againft this provi- Penalty f~v fion, he (hail forfeit and pay any lum not cx- offe~ iding, ceeding two dollars, to any perfon- who (hail ~ ~- beobftruaed in his paffage, and will fue f9r the fame; to be recovered, with coils, before any juftice, in the lame manner as debts of equa! amount are or may be by law recoverable. Sec. 23. And lie it further enacted by the authority a.forefaid, That if the company (ball not Time allowed proceed. to carry on the faid work within three years after the paffing of this a&, or thall not, ing the road. within fifteen years afterwards, complete the faid road, according to the true intent and meaning of this aa, then, in either of thofe cafes, all and finguiar the rights, liberties, privileges and franchiles hereby granted to the company, Ihail revert to the Commonwealth. Sec. 24. And be it further ena~?edby the authority aforefaid, That if the Legiflature (hould, Procecdin~slit at any time after the year one thoufand eight ~ hundred and. thirty, think proper to take pof- think propcr~ feffion of the faid road, three perlons (hail he ~c~tht appointed by the Governor, three by the prefident and managers of the faid company, and three by the judges of the lupreme court, who are hereby required to appoint the lame, who, or any fix or-more of them, not having any intereft in the laid road, (hail proceed to examine and eftimate the value of the property which the.faid company have therein, and certify the a mount thereof to the Governor, who (hail caufe the lame to be laid before the Legiflature at their next feffion, and whenever the amount fo certified Iball be paid by the State to the faid. company, their right to take toll on the faid road,

20 r road, together with all their right~title, claim and intereft therein, (hail ceafe and determine. SIMON SNYDER, Speaker of the Iloufe of Reprefentatives. - JOHN STEELE, Speaker of the Senate. - APPRovED the fourth day of April, in the year of our Lord one thoufand eight hundred and five. THOMAS M KEAN, Governor of the Commonwealth of Pennfylvania. CHAPTER LXX VIIL A,~ACT enjoining certain Duties on the Holders of Land-Warrants not executed, and on the Holders of unfeated Lands. Seaion x. - E it enaéled by the &nafe and Haufe of Rep refentatives of the Commonwealth of Pennfylvania, in General As.-. sembly met, and it is hereby enaëled by the authowithhi what rity of the fame, That it (hail be the duty of all time unexecu- perlons now holding or that may hereafter hold ~ ~unexecuted land-warrants, to file or enter the filed with the fame with the furveyors of the proper diftri~? deputy-furvey- within two years after the palling of this a&, or within two years after the date of fuch warrants refpe&ively, and on failure thereof, fitch war~.rant or warrants (hail not have any force or effeq againif a warrant of later date, nor againfi an a&ual fettler on the lands called for in fuch,,, unexecuted warrant. - --Sec. 2.