That the president and managers of each of the said companies, Accounts of shall also keep a just and true account of all the monies to be the tolls shall be kept ; received by their several and respective collectors of tolls, at the several gates or turnpikes on the said road, from the beginning to the end thereof, or such part thereof as shall from time to time be completed as aforesaid, and shall after the said road is completed or so much thereof as it may from time to time be deemed expedient to make and, finish, make and declare a divi- And the prodend of the clear profits and income thereof, all contingent fits divided costs and charges and a reasonable fund for repairs and for the half yearly. progressive improvement and accomplishment of the said work, being first deducted and reserved among all the subscribers to the stock of the said company, and shall on the first Monday in February and August in every year, publish the half yearly dividend, to be made of the clear profits among the stockholders, and of the time and place when and where the same will be paid, and shall cause the same to be paid accordingly.

laid before

ly;

SECT. XVIII. And be it further enacted by the authority aforesaid, That the president and managers of each of the aforesaid com- An abstract panies shall at the end of every third year from the date of their of the acincorporation until two years next after their portion of said counts to be road shall be completed, lay before the General Assembly of the Assemthis commonwealth, an abstract of their accounts, shewing the bly triennialamount of their capital expended in prosecution of the said work, and of the income and profits arising from the said toll, for and during the said respective periods, together with an exact account of the costs and charges of keeping the said road in repair, and all other contingent costs and charges, to the end that the clear annual income and profits thereof may be known and ascertained, and if at the end of two years after the said road shall And if the be completed, from the beginning to the end thereof, it shall clear profits appear from the average profits of the said two years, that the will not be six per cent. said clear income and profits thereof, will not bear a dividend of per annum six per centum per annum, on the whole capital stock of the the tolls may said company so expended, and on the interest accrued on be encreas such expenditure during the time wherein the work shall have been prosecuting before the receipt of toll, then it shall and may be lawful for the president and managers of such company, to increase the tolls herein-before allowed according to such rate upon the same, as will raise the dividend up to six per centum per annum as aforesaid, and at the end of every ten years after the said road shall be fully completed as aforesaid, they shall render to the General Assembly a like abstract of their accounts for the three preceding years, and if at the end of any such decennial period, it shall appear from such abstract, that the clear If more than profits and income of any of the said companies will bear a divi- nine per cent. dend of more than nine per centum per annum, then the said

ed.

to be reduced.

Index posts to be erect

ed:

And mile stones.

toll shall be so reduced as will reduce the said dividend down to nine per centum per annum.

SECT. XIX. And be it further enacted by the authority aforesaid, That the said company shall cause posts to be erected at the intersection of every road leading out of the said turnpike road, with boards and index-hands pointing to the direction of such roads on both sides, on which boards shall be inscribed in legible characters, the names of the towns or places to which such roads respectively lead, and the distance thereto in measured or computed miles, and shall also cause mile-stones to be placed on the side of the said road, beginning at the distance of one mile from the river Susquehanna, and extending thence to Pittsburg, on which stones shall be marked in plain legible characters,the respective number of miles which each stone is distant from the city And at each of Philadelphia, and at every gate or turnpike by them to be erected on the said road, shall cause the distances from the city of Philadelphia and Pittsburg, and the distances from the nearest gate or turnpike in each direction to be marked in legible characters, designating the number of miles and fractions of a mile on the said gates, or some other conspicuous place near thereto, and also shall cause to be affixed at such places a printed list of the rates of toll, which from time to time may lawfully be demanded, for the information of travellers and others using the said road.

gate certain other information to travellers.

stones;

or direction posts;

SECT. XX. And be it further enacted by the authority aforesaid, That if any person or persons shall wilfully break, deface or Penalty for injuring mile prostrate any mile-stones which shall be placed in pursuance of this act on the side of the said road, or shall obliterate the letters or figures inscribed thereon, and if any person or persons shall wilfully break, pull down, deface, destroy or injure, any direction-post which shall be erected in pursuance of this act at the intersection of any road as aforesaid, or the board or indexhand affixed thereto in conformity with the directions of this act, or shall obliterate the letters or figures inscribed or marked thereon, or if any person or persons shall destroy, deface, or obliterate the letters, figures, or other characters, marked at any turnpike or gate which shall be erected in pursuance of this act, for scriptions on all or any of the purposes therein mentioned, or the whole or any part of any printed list of the rates of tolls, which shall be affixed in pursuance of the directions of this act at any such gate or turnpike, he or they so offending in the premises and each of them shall for every such offence, severally and respectively, forfeit and pay to the said president, managers and company, How recov. any sum not exceeding twenty dollars, to be sued for and recovered with costs of suit, as debts of equal amount are or may be by law recoverable.

Or any in

any of the gates.

erable.

SECT. XXI. And be it further enacted by the authority aforesaid,

travelling on

That all waggoners, carters, and drivers of carriages of all kinds, Regulations for persons whether of burden or pleasure, using the said road, shall, except when overtaking and passing by a carriage of slower draught, the roads. keep their horses and carriage on the right-hand side of the said road in the passing direction, leaving the other side of the said road free and clear for other carriages to pass; and if any wag- And penalty goner, carter or driver shall offend against this provision, he for non comshall forfeit and pay any sum not exceeding ten dollars, to any pliance. person who shall by reason thereof be obstructed in his passage, and will sue for the same, to be recovered with costs in manner aforesaid.

SECT. XXII. And be it further enacted by the authority aforesaid, That if any toll-gatherer on the said road shall demand and re- Penalty for extortion in ceive from any person or persons using the said road, any greater toll gatheror other toll than by this act is authorized and allowed, such toll- ers. gatherer shall forfeit and pay the sum of twenty dollars for every such offence, one-half to the use of the poor of the proper tion. township, or county as the case may be, the other half to the use of the person or persons suing for the same, to be recovered before any justice of the peace of the county in which the forfei- erable. ture shall be incurred.

Appropria

How recov

vexatious

SECT. XXIII. And be it further enacted by the authority aforesaid, That if in the case of any suit or prosecution which shall be Penalty for commenced under the directions of this act, for any penalty in- prosecutions. curred under the same, whether by or against the said company or agents, the said suit or prosecution shall not be sustained by the plaintiff or prosecutor, then, and in such case the person or persons prosecuted as aforesaid, shall recover by the judg ment of the justice before whom such suit or prosecution shall be depending, such sum, not exceeding the amount of the penalty for which the suit or prosecution shall be commenced, as shall by such justice be deemed a reasonable retribution for the vexation of such suit or prosecution.

in six months

after the fact

SECT. XXIV. And be it further enacted by the authority aforesaid, No actions to That no suit or action shall be brought or prosecuted, by any be brought person or persons for any penalty incurred under this act, unless unless withsuch suit or action shall be commenced within six months next after the fact charged is said to have been committed, and the charged. defendant or defendants in such suit or action, may plead the general issue and give this act, and the special matter in evidence, and that the same was done in pursuance and by the authority of this act.

SECT. XXV. And be it further enacted by the authority aforesaid, In what time That if the said companies shall not proceed to carry on the said the company work within three years after the passing of this act, or shall not shall comwithin twenty years thereafter complete the said road, according fish the to the true intent and meaning of this act, then in either of those work.

Q

mence and

10 dollars on person offering to subscribe in the said books in his own or any each share other name, shall previously pay to the attending commissionto be pida the time of ers the sum of ten dollars, for every share to be subscribed, out subscribing. of which shall be defrayed the expences attending the taking such subscriptions and other incidental charges, and the remainder shall be paid over to the treasurer of the corporation as soon as the same shall be organized and the officers chosen as hereafter mentioned.

When the

company may be incorporated.

SECT. II. And be it further enacted by the authority aforesaid, That when fifty persons or more shall have subscribed one hundred and fifty shares of the said stock, the commissioners shall certify under their hands and seals the names of the subscribers, and the number of shares subscribed by each, to the Governor of this commonwealth, and thereupon it shall and may be lawful for the Governor by letters patent under his hand and the seal of the state, to create and erect the subscribers; and if the said subscriptions be not full at the time, then also, those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate, in deed and in law, by the name, style Style of the and title of "The president, managers and company of the corporation. York and Maryland line turnpike road," and by the said name, It's privithe subscribers shall have perpetual succession and all the privileges and immunities, leges and franchises incident to a corporation, and shall be capable of taking and holding their said capital stock and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent of this act, and of purchasing, taking and holding to them and their successors and assigns, and of selling, transferring and conveying in fee simple or for any less estate, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary to them in the prosecution of their works, and of suing and being sued, and of doing all and every other matter and thing, which a corporation or body politic may lawfully do.

notice to the

SECT. III. And be it further enacted by the authority aforesaid, Commission. That the commissioners aforesaid, as soon as conveniently may ers to give be, after said letters patent shall be sealed and obtained, shall subscribers give notice in two of the public papers in the borough of York, to meet for (one of which shall be in the German language) and also in one organizing of the public papers in the borough of Carlisle respectively, of the company a time and place by them to be appointed not less than twenty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize the said corpoOfficers to ration, and shall choose by a majority of votes of the said subscri bers by ballot to be delivered in person or proxy duly authorized, one president, and twelve managers, one treasurer,and such other

be chosen.

General

powers im

officers as they shall think necessary to conduct the business of the said company for one year, and until such other officers shall be of the byechosen, and shall and may make such bye-laws, rules, orders and laws, &c. regulations not inconsistent with the constitution and laws of this Commonwealth, as shall be necessary for the well-ordering the affairs of the said company; and generally have like powers, authorities and privileges necessary for carrying on and complet- munities, ing the said turnpike road, and be subject to all the duties, quali- duties, &c. fications, restrictions, penalties, fines and forfeitures, and be entitled to like tolls and profits as are given and granted to the president, managers and company of the Susquehanna and York borough turnpike road.

of the com

pany.

Time for be

Susquehan

SECT. IV. And be it further enacted by the authority aforesaid, That the time granted to the president, managers and company of the Susquehanna and York borough turnpike road, to com- ginning the mence the making of the said road, be, and the same is hereby na and York extended to the first day of April, one thousand eight hundred turnpike, and ten.

SIMON SNYDER, Speaker

of the House of Representatives.

P.C. LANE, Speaker of the Senate.

APPROVED-the thirty-first day of March, in the year one thousand eight hundred and seven.

extended.

THOMAS M‹KEAN.

CHAPTER LXXII.

An ACT to raise by way of lottery, a sum of money for the purpose of improving the navigation of Penn's creek, in Northumberland county. SECTION I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That Samuel Templeton, George Long, Robert Barber, CommissionPeter Fisher, James Duncan, Adam Wilt, Christopher Seebold, ers named. jun. George Weyrick, be and they are hereby appointed commissioners to raise by way of lottery four thousand dollars, to be Sum to be by them applied for removing all natural and such artificial ob- raised and structions as are not authorized by law, out of Penn's creek, in applied. the county of Northumberland, from the mouth thereof to Green's saw-mill.

how to be

Commission

SECT. II. And be it further enacted by the authority aforesaid, That the said commissioners respectively, before they proceed ers before to sell any tickets in the said lottery, shall lay such scheme they proceed thereof before the Governor as shall meet his approbation, and to sell the shall respectively enter into bonds to him, for the due and faith- tickets, to

lay the