than five votes, &c.

termining any question arising at said meeting, whatever number of shares he or she may be entitled to; and that each person shall be entitled to one vote for every share by him or her held under that number.

SECT. IV. And be it further enacted by the authority aforesaid, Meetings of That the said company shall meet on the second Monday in Nothe company. vember in every year, at such place as shall be fixed by the bylaws, for the purpose of choosing such other officers as aforesaid for the ensuing year in manner aforesaid, and at such other times as they shall be summoned by the managers, in such manner and form as shall be prescribed by their by-laws, at which annual or special meetings they shall have full power and authority, to make, alter, or repeal, by a majority of votes in manner aforesaid, all such by-laws, rules, orders and regulations made as aforesaid; and to do and perform any other corporate act.

Of by-laws, &c.

Certificates

issued.

Price of shares. Stock to be

SECT. V. And be it further enacted by the authority aforesaid, of stock to be That the president and managers first chosen as aforesaid, shall procure certificates for all the shares of the stock of the said company, and shall deliver one such certificate signed by the president and countersigned by the treasurer, and sealed with the common seal of the said corporation, to each person for every share by him subscribed and held, he paying five dollars for each share; which certificate shall be transferable at his pleatransferable. sure, in person or by attorney duly authorized, in the presence of the president or treasurer, subject however to all payments due or to become due thereon; and the assignee holding any certificate having first caused the assignment to be entered in a Transfers to book of the company to be kept for that purpose shall be a memberegistered, ber of the corporation; and for every certificate assigned to him Privileges of as aforesaid, shall be entitled to one share of the capital stock, Assignees. and of all the estates and emoluments of the company, and to vote as aforesaid at the meetings thereof.

Seven members to be a quorum.

Powers of.

Proviso.

SECT. VI. And be it further enacted by the authority aforesaid, That the said president and managers shall meet at such times and places as shall be ordained by their by-laws, and when met seven members shall form a quorum, who in the absence of the president may choose a chairman, and shall keep minutes of all their transactions fairly entered in a book; and a quorum being formed, they shall have full power and authority to appoint all such surveyors, engineers, superintendants, and other artists and officers as they shall deem necessary to carry on their intended works; and to fix their salaries and wages, to ascertain the times when, and manner and proportions in which the stockholders shall pay the monies due on their respective shares, to draw orders on the treasurer for all monies necessary to pay salaries or wages of persons by them employed, and for the materials: Provided, that such drafts do not exceed the sums deposited by the company; and such orders be signed by the pre

the

(7)

sident, or in his absence by a majority of a quorum; and generally to do all such other acts, matters and things as by this act and by their by-laws, rules, orders and regulations of the company, they shall be authorized to do.

pay instal

ments:

SECT. VII. And be it further enacted by the authority aforesaid, Penalty on That if after thirty days notice in the public papers aforesaid, of neglecting to the time and place appointed for the payment of any proportion or dividend of the said capital stock, in order to carry on the work, any stockholder shall neglect to pay such proportion or dividend at the place appointed, for the space of thirty days after the time so appointed, every such stockholder or his assignee shall, in addition to the dividends so called for, pay at the rate of five per centum per month, for the delay of such payment; and if the same and additional penalty shall remain unpaid for such space of time as that the accumulated penalty shall become equal to the sums before paid in part, and on account of such shares, the same shall be forfeited to the said company and may be sold to any person or persons willing to purchase, for such price as can be obtained for the same; or in default of payment by any stockholder of any such instalment as aforesaid, the said president and managers may at their election cause suit to be brought in any court having competent jurisdiction for the recovery of the same, together with the penalty aforesaid: Provided always, that the recovery in any suit shall in no case exceed the amount of such instalment or instalments, as may be due on such share, together with such accumulated penalty at the rate aforesaid, as shall equal the sums before paid on the same share: And provided also, that no stockholder, whether original subscriber or assignee, shall be entitled to vote at any election, or at any general or special meeting of the said company, unless the whole sum due and payable as aforesaid on the share or shares by him held at the time of such election or general or special meeting of the said company, shall have been fully paid and discharged as aforesaid.

to mark the

route of the

materials.

SECT. VIII. And be it further enacted by the authority aforesaid, Lands, &c. That it shall and may be lawful to and for the said president and may be enmanagers, their superintendants, surveyors, engineers, artists and tered upon, chain bearers, to enter into and upon all and every the lands, tenements and enclosures, in, through and over which the said road and intended turnpike road may be thought proper to pass; and to search for examine the ground most proper for the purpose, and the quarries and beds of stone and gravel and other materials in the vicinity that will be necessary in making and constructing the said road, and to survey, lay down, ascertain, mark and fix such route or tract for the said road as in the best of their judgment and skill will combine shortness of distance, with the most practicable ground from the Philadelphia and Lancaster turnpike road, at Points of the or near the twenty-six mile stone, and to extend thence through road.

1

Lands may be entered on

taken.

Notice to be given, and compensation.

the borough of West-Chester, and passing by or near Darlington's inn and Dilworth's town to the line of the state, in a direc tion towards the borough of Wilmington in the state of Delaware, so as to communicate with a contemplated artificial road; to extend thence the nearest and best practicable course to the borough aforesaid, to be authorized by a law of that state.

SECT. IX. And be it further enacted by the authority aforesaid, That the said president and managers, by and with their superand materials intendants, engineers, artists, workmen and labourers, with their tools, instruments, carts, waggons and other carriages, and beasts of draft or burthen may enter upon the lands over, contiguous and near to the route of the said intended road, first giving notice to the owners or occupiers thereof, and doing as little damage thereto as possible, and repairing any breaches they may make in the enclosures thereof, and making amends for any dam ages that may be done to the improvements thereon; the amount whereof, if the parties do not agree, shall be assessed by any three disinterested freeholders, to be appointed by any disinterested justice of the peace of either Chester or Delaware counties; and upon tender of the appraised value, may cut, dig, take and carry away, any timber, stone, gravel or other materials, there being most conveniently situate for making or repairing the said road: Provided, that if the owner of any land shall suffer damage by the road passing over the same, such owner may within one year make application to the court of quarter session of the proper county, which shall appoint six fit and disinterested freeholders who shall assess and determine, and under their oaths or affirmations report to the said court what damages such owner shall have sustained by reason of said road passing over the same, taking into view in such assessment, and making due and full allowance for all advantages accruing or likely to accrue to such owner by reason of so making and establishing the

How to be fixed.

Proviso.

Width of the road.

How to be made.

Elevation of.

same.

SECT. X. And be it further enacted by the authority aforesaid, That the said president, managers and company shall cause a road to be laid out as aforesaid, fifty feet in width, and at least twenty feet thereof to be made an artificial road, bedded with wood, stone, gravel, or any other hard substance well compacted together, and of sufficient depth to secure a solid foundation to the same; and the said road shall be faced with gravel or stone pounded, or other small hard substance, in such manner as to secure a firm, and as near as the materials will admit, of an even surface, and so nearly level in its progress as that it shall in no place rise or fall more than will form an angle of four and a half degrees with a horizontal line; and shall forever after maintain and keep the same in good and perfect order and repair and the said president, managers and company shall have

power to erect permanent bridges over all the waters crossing Bridges to be

the said road.

erected.

SECT. XI. And be it further enacted by the authority aforesaid, when 5 miles That so soon as the said president, managers and company shall are complethave perfected the said road, for the distance of five miles afore- ed, viewers to said, and also when they shall have completed each succeeding be appointed. section of five miles, likewise when the remainder shall be finished, they shall give notice thereof to the governor, who shall thereupon forthwith nominate and appoint three disinterested persons to view and examine the same, and report to him in writing, whether the said road is so far executed in a masterly and workmanlike manner, according to the true intent and meaning of this act; and if their report shall in either case be in the affirmative, then the governor shall, by license under his hand and the lesser seal of this commonwealth, permit and suffer the said president, managers and company to erect and fix erected for so many gates or turnpikes upon and across the said road, as will the collection be necessary and sufficient to collect the tolls and duties herein of tolls. after granted to the said company, from all persons travelling on the same with horses, cattle, sheep, swine, and carriages: Pro- Who shall be vided, that no toll be demanded or taken from any person pass- exempted ing or repassing from one part of his or her farm and to lands they occupy; provided the distance be not more than one mile, or to and from any place of public worship, or funeral, or from any officer or private belonging to the militia, going to or returning from any company, battalion or regimental training, on days appointed for that purpose.

Gates to be

from toll,

Powers of.

SECT. XII. And be it further enacted by the authority aforesaid, Toll-gatherThat the said company having perfected the said road or such ers to be ap part thereof from time to time as aforesaid, and the same being pointed. examined, approved, and licensed as aforesaid, it shall and may be lawful for them to appoint such and so many toll-gatherers as they shall think proper, to collect and receive of and from all and every person and persons using the said road, the tolls and rates herein after mentioned; and to stop any person riding, leading or driving any cattle, hogs or sheep, or driving any coach, coachee, sulkey, chair, chaise, phaton, cart, waggon, wain, sleigh, sled, or other carriage of burden or pleasure, from passing through the said turnpikes or gates, until they shall respectively have paid the same, that is to say, for every five miles in Rates of toll. length of the said road completed and licensed as aforesaid, the following sums of money, and so in proportion for any lesser or greater distance actually travelled, or for any greater or less number of sheep, hogs or cattle, to wit: For every score of hogs, six cents; for every score of sheep, six cents; for every score of cattle, twelve cents; for every horse and his rider, or led horse, three cents; for every sulkey, chair or chaise with one horse and two wheels, six cents; and with two horses, nine cents; for

B

every chariot, coach, phæton or chaise with four wheels and two horses, twelve cents; for either of the carriages last mentioned with four horses, twenty cents; for every other carriage of plea. sure under whatever name it may go, the like sums according to the number of wheels and horses drawing the same; for every stage waggon with two horses, twelve cents; and for every such waggon with four horses, twenty cents; for every sleigh, three cents for each horse drawing the same; for every sled, two cents for each horse drawing the same; for every cart or waggon the wheels of which do not exceed the breadth of four inches, four cents for each horse drawing the same; for every cart or waggon the wheels of which shall exceed in breadth four inches and not exceed seven inches, three cents for each horse drawing the same; for every cart or waggon the breadth of the wheels of which shall be more than seven inches and not more than ten inches, or being of the breadth of seven inches shall roll more than ten inches, two cents for each horse drawing the same; for every cart or waggon the breadth of the wheels of which shall be more than ten inches and not exceeding twelve inches, or being ten inches shall roll more than fifteen inches, one cent for each horse drawing the same; for every cart or waggon the breadth of the wheels of which shall be more than twelve inches, one cent for each horse drawing the same; and all carriages as aforesaid which shall be drawn by oxen in the whole, or partly by oxen and partly by horses, two oxen shall be estimated as equal to one horse, in charging all the aforesaid tolls; and every mule as equal to one horse and if any person or persons shall represent to the said company or any of their officers, that he, she or they have travelled a less distance than he, she or they have actually travelled along the said road, with Penalty on intent to defraud the said company of their toll, or any part defrauding thereof, such person or persons shall, for every such offence forthe company. feit and pay to the use of the said company, any sum not exPenalty for ceeding eight dollars; and if any toll-gatherer shall demand and the exaction receive greater or other toll from any person or persons than of illegal toll. such toll-gatherer is authorized to demand and receive by virtue of this act, such toll-gatherer shall forfeit and pay the sum of twenty dollars for every such offence, to the supervisors of the highways of the township in which the forfeiture is incurred, for the repair of the roads of the said township; and for the payment of which the said company shall be responsible.

How appropriated.

Proceedings to be had when the road is out of repair.

:

SECT. XIII. And be it further enacted by the authority aforesaid, That if the said company shall neglect, to keep the said road in good and perfect order and repair for the space of five days, and information shall be given thereof to any justice of the peace of the neighbourhood within the county where the repair ought to be made, such justice shall issue a precept to be directed to any constable, commanding him to summon three disinterested per