Smith, and shall be entitled to like privileges and immunities as if he had been naturalized under the name of Gallitzen.

JOHN WEBER, Speaker

of the House of Representatives.

P. C. LANE, Speaker of the Senate

APPROVED the twelfth day of February, one thousand eight hundred and ten.

SIMON SNYDER.

CHAPTER XXIII.

An ACT to authorize Ulrich Kissinger of Berks county, to erect a toll bridge over the river Schuylkill, at his mill, where the road leading from the borough of Reading through Bern township to Sunbury, crosses the said river.

WHEREAS it has been represented to the legislature of this commonwealth, by a number of the inhabitants of the county of Berks, that a bridge over the river Schuylkill, at or near Ulrich Kissinger's mill, on the road leading from the borough of Reading through Bern township, would be of advantage to the public: Therefore,

Ulrich Kis

SECT. 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 it shall and may be lawful for Ulrich Kissinger, his heirs and as- Ulrich Kissigns, to erect, build, maintain and support, a good and sub- singer empowerd to estantial bridge over and across the river Schuylkill, at or near rect a bridge his mill, on the road leading from the borough of Reading over the ri through Bern township to Sunbury: and that the property of ver Schuyl kill, &c. said bridge when built, shall be, and the same is hereby vested Property in the said Ulrich Kissinger, his heirs and assigns, forever, and thereof vestthat the said Ulrich Kissinger, his heirs and assigns, may de- ed in said mand and receive from travellers and others, a certain toll not exceeding the following rates: to wit, For every coach, landau, chariot, phæton, or other pleasurable carriage, ten cents for each horse drawing the same; for every loaded waggon or cart, ten cents for each horse drawing the same; and for every empty waggon or cart, six cents for each horse drawing the same; for every sleigh or sled, five cents for each horse drawing the same; for a single horse and rider five cents; for every horse three cents; for every foot passenger one cent; for every head of horned cattle two cents; for sheep or swine at the rate of ten cents for every score; and all carriages which shall be drawn by oxen, or partly by oxen and partly by horses, two oxen shall be estimated as equal to one horse: Provided always nevertheless,

singer,

Rates of toll

Said Kissinger not to erect the bridge on any land without the

owner's consent.

struct the

the river. Proviso.

That nothing in this act contained shall authorize the said Ulrich Kissinger, or any other person to erect a bridge in the manner in this act before mentioned, on any private property without the consent of the owner or owners thereof, or to erect the same in such a manner as in any way to interfere with, injure, or obstruct the navigation of the said river, or the passage of the Nor to ob- fish up the same, or the passage over the ford across the aforenavigation of said river, at or near where the said bridge may be erected: Provided also, That persons in the militia, on days of training, or of military procession, or persons attending funerals or religious worship, shall have the privilege of passing over the bridge toll free. SECT. II. And be it further enacted by the authority aforesaid, Limitation That if the said Ulrich Kissinger, his heirs or assigns shall not of the grant. proceed to carry on the said work within one year after the passing of this act, or shall not within five years complete the same according to the true intent and meaning of this act, or if at any time after the said bridge is completed, it is suffered to be out of repair so as to be impassable or dangerous for horses and waggons, for the space of six months, then, and in either of those cases, ail and singular the rights, liberties, privileges and franchises hereby granted to the said Ulrich Kissinger, his heirs and assigns, shall be null and void.

Penalty on suffering the bridge to be out of repair.

tolls.

SECT. III. And be it further enacted by the authority aforesaid, And for ex- That if the said Ulrich Kissinger, his heirs or assigns, or whoacting illegal soever shall hereafter own or possess the same bridge, shall exact or demand any greater prices for the the same passages over than what is herein before prescribed or specified, or neglect to keep the said bridge in good repair, he, she, or they so offending, shall for every such offence forfeit and pay the sum of twenty dollars, one moiety thereof to the poor of the townships of Bern and Alsace, in the county of Berks, in equal portions, and the other moiety to the party complaining or who may sue for the same, to be recovered before any justice of the peace of said county as debts of the same amount are recoverable: Provided, That if any person, convicted as aforesaid who shall think himself aggrieved thereby, may within five days appeal to the next court of quarter sessions for the county, which appeal, on giving security within the aforesaid time, before the said justice by at least one freeholder of the county, to pay all costs shall be allowed, and if the conviction so made by the justice shall be confirmed, the said justice shall proceed on application to him made, to levy the said forfeiture as by law is directed in other cases.

How recoverable.

JOHN WEBER, Speaker

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

APPROVED the twelfth day of February, one thousand eight

hundred and ten.

SIMON SNYDER.

CHAPTER XXIV.

An ACT to erect the town of Washington, in the county of Washington, into a borough.

thereof.

SECT. I. BE it enacted by the Senate and House of RepresentaᏴᎬ tives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the town of Washington, in the county of Washington, Town of Washington shall be, and the same is hereby erected into a borough, which erected into shall be called the borough of Washington, and shall be com- a borough prised within the following boundaries: to wit, beginning at a Bounds post on land of James Ashbrook, thence by land of Robert Anderson, Thomas Officer, and others, south, seventy-seven degrees; west, one hundred and fifty-nine and one half perches, to a post; thence by land of Thomas Jones, William Hoge, and others, south, fourteen and three-fourth degrees, east, one hundred perches, to a post; thence by land of James Ashbrook, William Sherrard and others, south, thirteen degrees, east, sixty-three and one half perches, to a post; thence by land of John Hoge, south, fifty one and one-half degrees, east, twenty-nine perches, to a post; thence by land late of John Simonson, Hugh Workman and others, north, seventy-seven degrees, east, one hundred and twenty perches, to a post thence by land of Thomas M'Fadden, Daniel Kehr and others, north, four and one-half degrees, west, eighty-four perches, to a post; thence by land of Robert Hazlett, Isaiah Steen and others, north, ten degrees, west, one hundred and two perches, to the place of beginning.

SECT. II. And be it further enacted by the authority aforesaid, That the taxable inhabitants in the said borough of Washing- When the ton, shall have power on the second Monday of April in every ficers are to borough of year, between the hours of one and six o'clock in the afternoon, be elected to elect two fit persons to be burgesses of the said borough, and by whom who shall be freeholders therein, and that the person having the greatest number of votes shall be styled the chief burgess, and also to elect five suitable persons, assistants or common council men for advising, aiding and assisting the said burgesses in the execution of the powers and authorities hereby given them, and also to elect a high-constable and a town-clerk, who shall be residents in the said borough of Washington: Provided, That Proviso. no person shall be entitled to vote at the election, or to be elected to any of the said offices, unless he shall have been a resident in the said borough of Washington at least one whole year previous to the time of such election.

SECT. III. And be it further enacted by the authority aforesaid, That the election for the officers aforesaid shall be holden at the court-house in the following manner to wit, The constable of

when and

where to be filed.

The consta- the town of Washington, for the time being, and the highble to give constable so as aforesaid elected or appointed in the manner herenotice of the inafter mentioned, in every succeeding year shall give notice of time, &c. such election at least six days before the time appointed for for holding the election. holding the same by advertisement, set up at six or more of the most public places within the said borough, and at the election to be holden the present year, the town constable and two respectable citizens to be chosen by the electors of the said borough for that purpose, and at every succeeding election the burgesses and assistants shall hold the said election, receive and Certificates count the ballots, and declare the persons duly elected, whereof elections, upon duplicate certificates of the persons so elected, shall be signed in the present year by the two citizens chosen as aforesaid; and in every succeeding year by the burgesses, one whereof shall be transmitted to the clerk of the court of quarter sessions of the county, within twenty days after the said election, and the other filed among the records of the corporation; and at any election held as above directed, should the two persons highest in votes for burgesses have an equal number of votes, the next court of quarter sessions shall declare who shall be the chiefburgess and if it shall at any time so happen through neglect quarter ses or otherwise, that no election shall be holden on that day, or in sions to de- the mode herein prescribed, it shall be lawful for the court of quarter sessions, and it is hereby required forthwith to appoint the burgesses, assistants, high-constable and town-clerk aforesaid, who shall thereupon be fully invested with the powers and auCourt autho- thorities to their respective offices appertaining; and the burgessrized in certain cases to es and other officers, so appointed or elected, shall hold their appoint bo- respective offices until the second Monday in April next after rough offitheir appointment or election, or until others shall be duly elected or appointed in their stead

When two

are equal in

votes, the court of

clare which shall be chief-bur

gess,

cers.

1

SECT. IV. And be it further enacted by the authority aforesaid, Powers of That the burgesses and assistants so chosen, or a majority of them, the burgess- shall have full power and authority to make such ordinances

es, &c.

rules and regulations as may be necessary for improving and keeping in order the streets and alleys within the said borough, and removing nuisances or obstructions therefrom, and the same to annul, alter or make anew as occasion may require, and also to assess, levy and collect a tax for the said purposes, and shall have all other powers necessary for the well-ordering and better govcrnment of the said borough: Provided, That the said ordinances, rules or regulations, shall not be repugnant to the constitution and laws of the United States, or of this commonwealth: No taxes to And provided also, That no tax shall be laid by them in any one exceed a half year to exceed a half cent in the dollar, on the valuation of taxable property, taken from the last assessment, until the same dollar, &c. is agreed to by a majority of the electors at the town-meeting

cent in a

assembled for that purpose, called together by the said burgesses and assistants, or by a request in writing, of at least six of the inhabitants of said borough, duly qualified to elect as aforesaid, to the said burgesses, who shall require the highconstable to give five days notice of such intended townmeeting by advertisements, fixed up in not less than six of the most public places within the said borough, notifying the time, places and objects of the said town-meeting, and all taxes which may be assessed or laid within the said borough, shall as near as the same is practicable, be conformable to the laws for raising county rates and levies.

gesses, &c.

SECT. V. And be it further enacted by the authority aforesaid, That the said burgesses and freemen duly qualified to elect as The buraforesaid, and their successors for ever hereafter shall be one to be a body body politic and corporate, in and by the name of "The Bur- politic, &c. gesses and Inhabitants of the borough of Washington, in the Style and ticounty of Washington;" shall have perpetual succession, and tle of. they and their successors, by the name of the burgesses and inhabitants of the borough of Washington: shall at all times hereafter be persons able and capable in law to have, Powers of. get, receive and possess lands, tenements, rents, liberties, jurisdictions, franchises and hereditaments, to them and their successors in fee simple, or for term of lives, life, years, or otherwise, and also goods and chattels, and other things, of what nature or kind soever, and also to give, grant, let, sell and assign the same lands, tenements, hereditaments, goods and chattels, and to do and execute all other things about the same, by the name aforesaid; and they shall forever hereafter be persons able and capable in law to sue and be sued, plead and be impleaded, and answer and be answered unto, defend and be defended in all or any courts within this commonwealth, in all manner of actions, suits, complaints, pleas, causes and matters whatsoever: And that it shall and may be lawful to and for the said burgesses and inhabitants aforesaid, and their successors forever hereafter to have and use one common seal, and the same from time to time, at their will, to change and alter, and the said burgesses and assistants shall have full power to appoint such other officers within the said borough as shall be necessary to carry into complete effect the provisions of this act.

any person

when elect

SECT. VI. And be it further enacted by the authority aforesaid, Penalty on That if any person, an inhabitant of the said borough, and duly qualified to elect as aforesaid, shall be elected to the office of refusing to burgess, and having notice of his election, shall refuse to un- serve, &c. dertake and execute that office, every person so refusing, shall ed. forfeit and pay a fine of twenty dollars, and if any person duly qualified as aforesaid, shall be duly elected to any other office in the said borough, created by this act, and having notice of his election, shall refuse to undertake and execute the duties of

D