number of shares in the said stock,' and the said books shall be kept open respectively, for the purpose aforesaid, at least If the books six hours in every juridical day, for the space of six days, or have not 300 until the said books shall have three hundred shares therein shares subscribed subscribed, and if at the expiration of the said six days, the therein books aforesaid, shall not have the number of shares aforesaid within six therein subscribed, the said commissioners may adjourn from days, they time to time, and transfer the said books elsewhere until the may be transferred. whole number of shares shall be subscribed, of which adjournments and transfer, the commissioners aforesaid shall give Public nopublic notice, as the occasion may require, and when the whole tice thereof number of shares subscribed in all the said books shall amount to be given. to three hundred shares, the same shall be closed: Provided always, That every person offering to subscribe in the said books, in his own or any other name, shall previously pay to $5 to be the attending commissioners, the sum of five dollars for every paid on sub- share to be subscribed, out of which shall be defrayed the scribing. How appro- expences attending the taking such subscriptions, and other priated. 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 hereinafter mentioned. When 30 persons or more shall have sub scribed 50 shares the commissioners shall certify the same to the Governor, Who shall erect the subscribers into a body politic. Style and title of. SECT. II. And be it further enacted by the authority aforesaid, That when thirty persons or more shall have subscribed 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 subscription 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 and title of "The President, Managers and Company of the NewHolland Turnpike Road," and by the said name the subscribers shall have perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of Privileges 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. SECT. III. And be it further enacted by the authority aforesaid, That the commissioners aforesaid, as soon as conveniently may Notice to be be after said letters patent shall be sealed and obtained shall given of the organization give notice in two of the public newspapers in the borough of the comof Lancaster, of a time and place by them to be appointed, pany, 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 corporation, and shall choose by a majority of votes of the said subscribers by ballot, to be delivered in person, or by proxy duly authorized, one president and Officers to eight managers, one treasurer and such other officers as they be chosen. shall think necessary to conduct the business of the said company for one year, and until such other officers shall be chosen and shall and may make such by-laws, rules, orders and 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 shall have power to survey, Powers and lay down, ascertain, mark and fix such route as they shall deem duties of. expedient, beginning at the Blue-Ball tavern on the Downingstown, Ephrata and Harrisburgh turnpike, through New-Holland to Binkley's bridge, from thence to the borough of Lancaster, and generally have like powers, authorities and privileges necessary for carrying on and completing the said turnpike road, and be subject to all the duties, qualifications, res- And restrictrictions, penalties, fines and forfeitures, and be entitled to like tions. tolls in proportion to the distance, as are given and granted to the president, managers and company of the Downingstown, Ephrata and Harrisburgh turnpike road: Provided, That when When five the said president and managers shall have completed five completed a miles of the said road, they shall have privilege to erect a gate gate may be or gates: Provided further, That if the company shall not pro- erected. ceed to carry on the said work in three years after the passing to be begun of this act, or shall not within seven years afterwards, complete in 3 andcomthe said road, according to the true intent and meaning of this pleted in 7 act, then, in either of these cases, all and singular the rights years liberties and franchises hereby granted to the said company, shall revert to this commonwealth. 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. miles are The works SIMON SNYDER. CHAPTER CXXXI. A supplement to an act, entitled " An act to provide a more effectual General Assembly met, and it is hereby enacted by the authority of the Powers giv- same, That the auditors of each and every county shall have the power to settle and adjust the public accounts of all such former or present commissioners and treasurers, respectively, as have not heretofore settled their public accounts. en to the county auditors. of monies re SECT. II. And be it further enacted by the authority aforesaid, Shall adjust That it shall be the duty of the auditors aforesaid to settle and the accounts adjust the account of all monies received by the sheriffs or coroceived by ners, agreeably to an act directing the mode of selecting and rethe sheriffs. turning jurors; and such auditors shall have like powers and authority in settling such accounts, as they have in other cases; and Copy there on filing a copy of such settlement in the prothonotary's office, it of to be filed. shall be under the same laws, rules and regulations, and have the same operation and effect as the report of auditors against county the sales of treasurers. SECT. III. And be it further enacted by the authority aforesaid, Persons hav- That all persons who now are, or have been sheriffs, or county ing monies commissioners, and all persons who have heretofore been county arising from treasurers, or the executors or administrators of any such perunseated sons aforesaid, having in their hands any monies, made out of the lands autho- sales of unseated lands, and remaining in their hands, after the rized to pay- deduction of the taxes as aforesaid, are hereby authorized and required forthwith to pay them over to the county treasurer for the time being, who shall hold the same for the same uses and trusts as the said persons respectively did. them over to the county treasurer. 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. SIMON SNYDER. Jurisdiction of justices of CHAPTER CXXXII. An ACT to amend and consolidate with its Supplements, the Act entitled "An act for the recovery of debts and demands, not exceeding one hundred dollars, before a Justice of the Peace, and for the election of Constables, and for other purposes. SECT. I. BE E it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in Genthe peace to eral Assembly met, and it is hereby enacted by the authority of the extend to same, That the justices of the peace of the several counties of this commonwealth, shall have jurisdiction of all causes of action arising from contract, either express or implied, in all cases where Real con- the sum demanded is not above one hundred dollars; except in cases of real contract, where the title to lands or tenements may marriage ex- come in question, or action upon promise of marriage. cepted. demands not exceeding $ 100. tracts and promises of be not a free rant. &C. SECT. II. And be it further enacted by the authority aforesaid, That the said justices are hereby respectively empowered and Summons to required, upon complaint being made to any of them touching be issued. any such demand as aforesaid, to issue a summons, if the party complained of be a freeholder; if not, either a summons or a war- If the party rant of arrest, directed to the constable of the township, ward or holder, eidistrict, where the defendant usually resides, or can be found, or ther a sumto the next constable most convenient to the defendant, if on a mons or warsummons, commanding him to cause the said defendant to appear To be direc before the said justice on a certain day therein to be expressed, ted to the not more than eight, nor less than five days after the date of the constable, summons; and the service on the defendant shall be by producing Appearance the original summons to, and informing him of the contents to be within thereof, or leaving a copy of it at his dwelling-house, in the pre- eight days, sence of one or more of his family or neighbours, at least four &c. What shall days before the time of hearing; but if on a warrant of arrest, be proof of forthwith on the service of the same: Provided nevertheless, the service That in all cases where a warrant or capias is issued against the of the sum person of a debtor, it shall and may be lawful for the proper con- Constables stable of the township, ward, or district, to take bail for the ap- may take pearance of the defendant before the justice from whom said bail for defendants ap warrant or capias may have been issued, in the following words: We A. B. and C. D. are held and firmly bound unto E. F. con- Form of bail stable of or order, in the sum of on condition that the said A. B. shall be and appear before G. H. esquire, justice of the peace in the township of on the to answer Witness our hands, the day of in a plea mons. pearance. bond. If the bail And if on the return of the said warrant or capias, the defendant Which may shall not appear and enter bail, before the justice, in the nature be assigned to plaintiff of special bail, the constable may assign the obligation to the on defenplaintiff, if he will accept the same, which obligation may be dant's nonsued in the name of the plaintiff, as assignee of the said consta- appearance. ble; but if the bail for the appearance, so taken by the constable, be insuffishall be insufficient, the constable shall be liable therefor, as cient the sheriffs now are, to the plaintiff or plaintiffs, named in the war- constable to rant or capias, notwithstanding such assignment; but if the de- be liable. fendant shall appear and enter special bail, the justice may pro- to be enterSpecial bail ceed to the final determination of the suit, according to law; ed on apand after judgment such bail shall be proceeded against by scire pearance. facias, and shall be liable in the same manner as special bail now may issue ais liable in cases in the courts of common pleas, and may surren- gainst bail. der the principal to the jail of the proper county, within ten Who may days after the service of the scire facias, in discharge of the bail; surrender nevertheless the bail to the constable may enter sufficient special to jail, &c. the principal bail to the suit, or cause it to be entered, at the return of the war- Bail may rant or capias, in discharge of the obligation, where the defendant enter speci Dd Scire facias al bail to the may neglect or refuse to appear; in which case the justice may suit. proceed in the same manner as if the defendant had appeared. If the de mand be not ties to choose re ferrees. Number of. How qualified. tion to. SECT. III. And be it further enacted by the authority aforesaid, That if the parties appear before the justice, either in person or above 5 dol- by agents, the justice shall proceed to hear their proofs and allelars and 3 gations; and if the demand shall not exceed five dollars and cents, the thirty-three cents, shall give judgment as to right and jusjudgment of the justice to tice may belong, which judgment shall be final; but it the debe final. mand or sum in controversy shall be more than that sum, and If above that shall not exceed one hundred dollars, and either party shall resum &c. par- fuse to submit the determination of the cause to the justice, he shall, in that case, request them to choose referrees, one, two, or three, each, and mutually to agree on a third, fifth, or seventh man, all of whom shall be sworn or affirmed, well and truly to try all matters in variance between the parties, submitted to them; and on having heard their proofs and allegations, they, or a majority of them, shall make out an award under their Compensa hands, and transmit the same to such justice, who shall thereupJudgment on enter judgment for the sum awarded, and costs, and shall alon award of, low each of the said referrees fifty cents per day, for his service; to be final in which judgment so obtained, when not exceeding twenty dollars, shall be final and conclusive to both plaintiff and defendant, Referrees to without further appeal; and it shall be the duty of the justice be notified. to notify, through a constable or some fit person, each of the rePenalty on ferrees, so chosen, of their appointment, and of the time and refusing to place fixed for a hearing; and if any person so chosen and notified, as aforesaid, shall neglect or refuse to serve, he shall, for every such neglect or refusal, unless prevented by sickness or some other unavoidable cause, forfeit and pay the sum of two dollars, for the use of the poor, and where there are no poor, to be paid to the supervisors of the roads, to be applied by them in repairing the streets or public highways of the city or township in which such person or persons, so refusing or neglecting, shall reside, which fine shall be recovered before such justice of the peace, on complaint of the party injured, as other fines are by law recoverable: Provided, That an action be brought within thirty days after such neglect or refusal. a sum under 20 dollars. serve. How reco vered and appropriated to be The action brought within 30 days. If the parties refuse to refer, the justice shall give judg ment. SECT. IV. And be it further enacted by the authority aforesaid, That if either party or their agents, shall refuse to refer, the justice may proceed to hear and examine their proofs and allegations, and thereupon give judgment publicly, as to him of right may appear to belong, either party having the right to appeal within twenty days after judgment being given, either by the justice alone, or on award of referrees, when such award shall exceed the suin of twenty dollars. And if the parties are dismissed before an appeal is made, the justice shall, at the instance of the appellant, notify, through a constable or other fit person, of the appeal the adverse party to appear before him on some day certain, and if the parties shall appear on the day appointed, it shall be in the Appeal to be within 20 days. Appellant to potify the ad verse party |