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Account of receipts and expendi.

bridge, or in any manner obstruct the passage over the usual fording place, which shall at all times be open as heretofore, to persons desirous of passing through the same.

SECT. IX. And be it further enacted by the authority aforesaid, That the said president and managers shall keep, or cause to be kept, fair and just accounts of all receipts, payments, and monies, still due to, from, or on part of the said company, and shall submit the same at least once in every year to a general meeting of the stockholders, and whenever it shall appear manifestly to the said president, managers, and company, at any such general meeting, or at a special meeting convened for that purpose, according to the provisions of this act or of the by-laws of the company, number of that the proposed bridge cannot be completed without extending shares may, the number of shares, the same shall be extended under the dihe extended. rection of such meeting, so far as may be necessary to complete

tures to be

kept. &c.

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the proposed bridge, which additional shares shall be sold and regulated in all respects, and be attended with the same rights and privileges, as the original shares are herein, or by the bylaws of the company directed to be.

SECT. X. And be it further enacted by the authority aforesaid, That when a good and complete bridge under the authority of this act, shall be erected over the Monongahela river, at the place aforesaid, the property of the same shall be vested in the said incorporated company, their successors and assigns forever, and the said company, their successors and assigns, are hereby empowered, to erect gates and demand and receive tolls as follows, to wit: for every foot passenger three cents; for every carriage of whatever description used for the purpose of trade and agriculture, having four wheels, and drawn by six horses, seventy-five cents; for every such carriage having four wheels and drawn by five horses, sixty-six cents; for every such carriage having four wheels and drawn by four horses sixty cents; for every such carriage having four wheels and drawn by three horses, fifty cents; for every such carriage having four wheels and drawn by two horses, forty-four cents; for every such carriage having four wheels and drawn by one horse, twenty-five cents; for every carriage of whatever description used for the purpose of personal accommodation or pleasure, having four wheels and drawn by four horses, sixty-two cents; for every such carriage drawn by two horses fifty cents; for every such carriage drawn by one horse, twenty-five cents; for every carriage of whatever description used for the purposes of trade or agriculture having two wheels and drawn by two horses, thirty-seven and a half cents; for every such carriage drawn by one horse, eighteen cents; for every chair or other two wheeled carriage of pleasure, for every horse used therein, eighteen cents; for every sled or sleigh drawn by four horses, fifty cents; for every sled or sleigh drawn by two horses, thirty cents, for every sled or sleigh drawn by one

horse, twelve and a half cents; for every horse mare or gelding
without a rider, three cents; for every horse, mare, or gelding,
with a rider, six cents; for every carriage drawn by oxen, or
partly by horses and partly by oxen, to be rated in the propor-
tion of two oxen for one horse, and in all cases, a mule shall be
rated in the same proportion as a horse, every head of horned
or muley cattle, three cents; every head of sheep and swine, one
cent; Provided: That any detachment of the military of this Proviso.
state, and persons attending funerals, shall at all times be exempt
from toll.

How reco

vered and

SECT. XI. And be it further enacted by the authority aforesaid, Penalty for That if the said company, their successors or assigns, or any collecting illegal tolls, person employed by them, shall collect, or demand any greater &c. rate or prices for the passing over the said bridge than what is herein before prescribed, or shall neglect to keep the said bridge in good repair, he, or they, shall for every such offence forfeit and pay twenty dollars, one half thereof equally to be divided, between the adjoining townships of the counties of Washington and Fayette, for the support of the poor therein, and the other half for the use of the person, who shall sue for the same, appropriated to be recovered before any justice of the peace, in either of the counties aforesaid; Provided always: That no suit shall be brought in this respect, unless within thirty days after the of- Suits to be brought &c. fence committed; Provided also: That the judgment of the said justice, in any such case, brought before him, shall be liable to Appeal alreversion, either by appeal to the court of common pleas, if the lowed, merits of the case be contested, or by certiorari, if the legality of his proceedings or jurisdiction be disputed.

ceived

SECT. XII. And be it further enacted by the authority aforesaid, That the said president, managers, and company, shall keep a Account of just account of all monies received by their several collectors of tolls re. tolls, for crossing the said bridge, and shall declare, and make a to be kept. dividend of the income and profits thereof, among all the sub- Dividends scribers to the said company's stock, in proportion to their re- to be declaspective shares, first deducting all contingent costs and charges, red and paid and such proportion of the said income as may be sufficient for a fund to provide against a decay, the repairing or the rebuilding of the said bridge, as time and accident may render necessary, and shall on every first Monday of June, of every year publish the dividend to be made of the clear profits, arising from the tolls among the stockholders, and of the time, when and place where the same shall be paid, and shall cause the same to be paid accordingly.

SECT. XIII. And be it further enacted by the authority aforesaid, That if any person or persons, shall wilfully and with intent to Penalty for injure, pull down, break, or destroy any part, or parts of injuring the the said bridge, or any toll house, gates, bars, or other the company property of the said corporation appurtenant to, or erect

property of

How recoverable.

Suit to be brought within thirty

days.

ny to make triennial

statements

lature.

ed for the use and convenience of the said bridge or the person employed in conducting the business thereof, or shall wilfully, and without the consent and orders of the said corporation, or any person or persons authorised by them, deface or destroy the letters, figures or other characters in any written or printed list of the rates or tolls affixed in any place or places, for the information of passengers and others, or shall wilfully and maliciously obstruct or impede the passage on or over the said bridge, or any part or parts thereof, he, she, or they, so offending shall, each of them forfeit and pay for every such offence to the said corporation, the sum of thirty dollars to be sued for, and recovered before any justice of the peace, as debts of like amount are recoverable, and he, she, or they so offending shall remain liable to actions at the suit of said corporation for such wrongs, if the said sum or sums herein mentioned be not sufficient to repair and satisfy said damages; Provided always: That no such suit shall be brought unless within thirty days after such offence shall have been committed; Provided also: That the judgment of the said justice in any such case brought before him, shall be liable to reversion either by appeal to the court of common pleas, if the merits of the case be contested, or by certiorari, if the legality of his proceedings or jurisdiction be disputed.

SECT. XIV. And be it further enacted by the authority aforesaid, That the said president and managers shall at the end of every The compa- third year from the date of the incorporation, until three years next, after the said bridge shall have been completed, lay before the general assembly of this commonwealth, an abstract of their to the legis- accounts, showing the whole of the capital expended in the prosecution of the work, and of the income and profits arising from said toll, received during such period, together with an exact account of the costs and charges of keeping the said bridge in repair, and all other contingent costs and charges, to the end, that the clear annual income and profits thereof may be ascertained and known, and if at the end of three years after the said bridge shall have been completed, it shall appear from the average profits of the said three years, that the clear income and profits will If the divi- not bear a dividend of six per cent. per annum, on the whole cadends do not pital stock of the said company so expended, then it shall be lawful for the said president, managers, and company, to increase the tolls herein allowed to be taken, so much on each particular item, in proportion, as will raise the dividend to six per cent. per annum, and at the end of every ten years after the said bridge shall have been completed, they shall render to the Accounts to general assembly a like abstract of their accounts, for the three be rendered preceding years, and if at the end of any such decennial period to the legis- it shall appear from such abstract that the clear profits and in

&c.

lature.

come of the said company will bear a dividend of more than fif teen per cent. per annum, then the said tolls shall be reduced

so as to reduce the said dividend to fifteen per cent, per an

num.

gan and

SECT. XV. And be it further enacted by the authority aforesaid, Term within That if the said company shall not proceed to carry on the said the bridge work within the space of three years, from the passing of this must be beact, and shall not within the space of seven years from the pass- completed. ing thereof complete the said bridge, it shall and may be lawful for the legislature of this commonwealth to resume all and singular the rights and privileges hereby granted to the said company.

JOHN WEBER, Speaker

of the House of Representatives, P. C. LANE, Speaker of the Senate.

APPROVED the twentieth day of March, one thousand eight hundred and ten.

:0:

SIMON SNYDER.

CHAPTER CXII.

An ACT to authorize the governor of this commonwealth to Incorporate a Company for making a Toll Bridge over Big-Beaver Creek, opposite the Town of Brighton.

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SECT. I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in Gene

Commis

ral Assembly met, and it is hereby enacted by the authority of the same, That Abraham Wellington, Jonathan H. Mendinhall, Benjamin Townsend, Isaac Wilson and Jacob Yoho, be and they sioners are hereby appointed commissioners, to do and perform the named. several duties hereinafter mentioned, that is to say, they shall on or before the first day of July next procure at Three books least three books, and therein enter as follows; "We whose to be procured by

next.

names are hereunto subscribed, do promise to pay to the pre- first July sident, managers and company, for erecting a bridge over BigBeaver creek, opposite the town of Brighton, the sum of Entry there. twenty-five dollars, for every share of stock in the said com- in. pany, set opposite our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers, in pursuance of an act of the General Assembly entitled, "An act to authorize the Governor of this Commonwealth, to incorporate a company for erecting a bridge over Big-Beaver creek, opposite the town of Brighton," Witness our hands the day of

in the

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time and

year of our Lord, one thousand eight hundred and and shall thereupon give notice in one of the public news- Notice to be papers printed at Pittsburgh, and one printed at Washington, given of the one calendar month at least of the time, and places where the places of said books shall be opened to receive subscriptions for the opening the stock of said company, at which respective places some one of books,

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commis

sioners to attend.

Terms of

be not sub

scribed in

One of the the commissioners shall attend, and permit all persons who may offer to subscribe in the said books which shall be for that purpose, kept open at least six hours in every juridical day, for at least three juridical days, if three shall be necessary; and on the first juridical day within the hours aforesaid, any person of the age of twenty-one years, shall have the liberty to subscribe subscription. in his own name, or in the name of any other person by whom he shall be authorized for one share on the second day, for two shares on the third day, for one, two or three shares, and on any succeeding day, while the books shall remain open, for any number of shares in the said stock; and if at the expiration of the said three first days, the said books shall not have two hunIf 200 shares dred shares therein subscribed, the said commissioners respectively may adjourn from time to time, until the said numthree days, ber of shares be subscribed, of which adjournment public the commis- notice shall be given at each place, and when the said subscripsioners may tions in the said books shall amount to the respective numbers adjourn. Notice aforesaid, the same shall be respectively closed; but after the thereof to be said books shall have been opened for the space of two calengiven. dar months, and the whole number of shares allotted shall not If the books have been subscribed, the said book or books may be respectively transferred to any place or places, and there kept open months, as aforesaid, public notice being given thereof, at the place they may be whence and whereto the said books shall be respectively transtransferred. ferred. Provided always, That every person offering to subscribe in the said book or books in his own name or any other name, shall previously pay to the attending commissioner or $5 on each commissioners, five dollars for every share to be subscribed, paid on sub- out of which shall be defrayed the expense of attending, tascribing. king of such subscriptions, and other incidental charges; How appro- and the remainder shall be paid over to the treasurer of the priated. corporation as soon as the same shall be organized, and the officers chosen as is hereinafter mentioned.

be not filled

in two

Notice to be

given thereof.

share to be

When the subscrip

tions shall be

certified to the Gover

nor.

Who shall there upon erect the

SECT. II. And be it further enacted by the authority aforesaid, That when twenty-five persons or more, shall have subscribed one hundred shares or more in the said stock, the said commissioners respectively, shall certify under their hands and seals, the names of the subscribers, and the number of shares subscribed by each subscriber, to the Governor of this commonwealth, who thereupon shall, by letters patent under his hand and the seal of the state, create and erect the subscribers (and if the said subscription be not full at the time, Subscribers then also those who shall afterwards subscribe to the numbers into a body aforesaid,) into one body politic, and corporate in deed and in law by the name style and title of "The President Managers and Company for erecting a Bridge over Big-Beaver Creek, opposite the Town of Brighton," and by the said name the said subscribers shall have perpetual succession, and all privileges and franchises incident to a corporation, and shall

politic.

Name and style of.

And privileges.

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