sons to meet at a certain time in the precept to be mentioned, at the place in such road as shall have been complained of, of which meetings notice shall be given to the keeper of the gate or turnpike nearest thereto within the said county, and the said justice shall at such time and place, on the oaths or affirmations of said persons, inquire whether the said road or any part thereof is in such good and perfect order and repair as aforesaid, and if upon such inquiry the said road shall be found to be out of order and repair, contrary to the true intent and meaning of this act, the said justice shall cause an inquisition thereof to be made, under his hand and at least two of the said persons, one copy whereof he shall certify and send to each of the keepers of the turnpikes or gates between which such defective place shall be; and from thenceforth the tolls hereby granted to be collected at such turnpikes or gates shall cease to be demanded, paid or collected, until the said defective part or parts of the said road shall be put in good and perfect order and repair as aforesaid; and if the same shall not be put into good and perfect order and repair, before the next court of quarter sessions of the peace to be held for the county in which the defect is proved to be, the said justice shall certify and send a copy of the inquisition aforesaid to the justices of the said court, who shall thereupon cause process to issue to bring in the body or bodies of the person or persons intrusted by the said company with the care and superintendence of such part of the said road as shall be so found defective, and shall proceed thereon as in the case of supervisors of the highways for neglect of their duty, and if he or they shall be convicted of the ffence charged in the said inquisition, the said court shall give such judgment according to the nature and aggravation of the neglect as they in their discretion shall judge proper: Provided, Penally. the fine in no instance shall be less than twenty dollars, nor exceeding one hundred dollars; and the fines so imposed shall be How recoverrecovered in the same manner as fines for misdemeanors are ed. usually recovered in the said county, and shall be paid to the supervisors of the highways of the township wherein the offence was committed, to be applied to repairing the highways and public roads therein.

payment of

SECT. XIV. And be it further enacted by the authority aforesaid, Penalty for That if any person or persons whosoever, owning, riding in, or evading the driving any sulkey, chair, chaise, phæton, cart, waggon, sleigh, toll. sled or other carriage of burden or pleasure, riding or leading any horse, mare or gelding, or driving any sheep, hogs or other cattle, shall therewith pass through any private gates or bars, or along or over any private passage-way or other ground near to or adjoining any turnpike or gate erected, or which shall be erected in pursuance of this act, with an intent to defraud the said company and avoid the payment of the toll or duty for passing through any such gate or turnpike; or if any person or

persons shall with such intent take off, or cause to be taken off, any horse, mare or gelding, or other cattle, from any sulkey, chair, chaise, phaton, cart, waggon, wain, sleigh, sled or other carriage of burden or pleasure, or practise any other fraudulent means or device with the intent that the payment of any such toll or duty shall be evaded or lessened, all and every such person or persons in all and every or any of the ways or manners aforesaid offending, shall for every such offence respectively, forfeit and pay to the president, managers and company of the said turnHow to be re- pike road, any sum not exceeding ten dollars, to be sued for and recovered with costs of suit before any justice of the peace in like manner, and subject to the same rules and regulations as debts of a similar amount may be sued for and recovered.

covered.

Account of

ditures:

stockholders.

SECT. XV. And be it further enacted by the authority aforesaid, receipts to be That the president and managers of the said company shall keep kept; fair and just accounts of all monies received by them from the said commissioners, and from the subscribers to the said undertaking, on account of the several subscriptions, of all penalties for delay in the payment thereof, and the amount of the profits and of expen. on the shares which may be forfeited as aforesaid, and also of all monies by them expended in the prosecution of their said works; and to be anand shall once at least in every year submit such accounts to a nually sub- general meeting of the stockholders until the said accounts shall mitted to the be completed, and until all the costs, charges, and expenses of effecting the same shall be fully paid and discharged; and the aggregate amount of such expenses shall be liquidated and ascertained, and if upon such liquidation, or when the capital stock of said company shall be nearly expended, it shall be found that the said capital stock will be insufficient to complete the said road according to the true intent and meaning of this act, it shall and may be lawful for the said president, managers and company at a stated or special meeting to be convened according to the provisions of this act or their own by-laws, to increase the number of shares to such extent as shall be deemed sufficient to accomplish the work, and to receive and demand the monies subscribed for such shares in like manner and under like penalties as are herein before provided for the original subscription, or as shall be provided by their by-laws.

Number of

shares may be increased.

Account of tolls to be kept.

SECT. XVI. And be it further enacted by the authority aforesaid, That the said president, managers and company, shall also keep a just and true account of all the monies received by their several and respective collectors of tolls, at the several and respective gates or turnpikes on the said road, from the beginning to the Dividends to end thereof, and shall make and declare a dividend of the clear be declared profits and income thereof among all the subscribers to the said and paid. company's stock, all contingent costs and charges being first deducted; and shall on the second Monday in November and May in every year, publish the half-yearly dividend made of the said

clear profits among the stockholders, and the time when and place where the same will be paid, and shall cause the same to be paid accordingly.

SECT. XVII. And be it further enacted by the authority aforesaid, Accounts of That the said president and managers shall at the end of every the company year after the said road shall have been completed, lay before to be laid before the legis the general assembly an abstract of their accounts shewing the lature. whole amount of capital expended in the prosecution of the said work, and of the income and profits arising from the said tolls 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 that the clear annual income and profits thereof may be known and ascertained; and if at the end of one year after the said first section of five miles and each like succeeding section of the said road shall have been completed, it shall appear from the average profits at the end of the said one year, that the said clear income and profits will not yield a dividend of six per cent. per annum on the capital stock of the said company so expended, then it shall and may be lawful for the president, managers and company to increase the tolls herein before allowed, so much up- When the on each and every allowance thereof as will raise the said dividend tolls may be increased, up to six per centum per annum; and at the end of every year after the said road shall have been completed, they shall render to the general assembly a like abstract of their accounts; and if at any time the said clear income and profits thereof shall exceed a dividend of nine per centum per annum, then the said toll shall be so reduced as to reduce the said dividend down to nine per centum per annum. SECT. XVIII. And be it further enacted by the authority aforesaid, Direction That the said president and managers shall cause posts to be boards to be erected and continued at the intersection of every public road falling into or leading out of the said turnpike road, with a board and index hand pointing to the direction of such road, on both sides thereof shall be inscribed in legible characters, the name of the town, village or place to which such road leads, and the distances thereof in measured or computed miles.

and reduced.

erected;

SECT. XIX. And be it further enacted by the authority aforesaid, and mileThat the said company shall cause mile stones to be placed on the stones. side of the said road, and also cause to be affixed at each gate, A list of tolls a printed list of the rates of toll which may lawfully be demandto be affixed,. ed, for the information of travellers and others using the said &c. road; and if any person or persons shall wilfully destroy the Penalty on insaid posts, boards, index-hands or mile-stones as aforesaid, or juring or destroying. shall without permission of the acting superintendant of the said road, throw out upon the said road, or within the limits thereof and shall suffer to remain for the space of one day, any mould, dirt, shavings, weeds or rubbish of any kind, such person or per

How recoverable.

Drivers of

keep to the right side.

sons being convicted thereof by the evidence of one or more creditable disinterested witness or witnesses, before any justice of the peace of that county in which the offence shall have been committed, he, she, or they shall be adjudged by the said justice to pay a fine not exceeding five dollars, to be recovered with costs as debts of equal amount are or may be by law recoverable; which fine when recovered shall be paid by the said justice to the treasurer of the said company for the use of the said company.

SECT. XX. And be it further enacted by the authority aforesaid, carriages to That all waggoners and drivers of carriages of all kinds, whether of burden or pleasure, using the said road, shall, except when passing by a carriage of slower draught, keep their horses and carriages on the right hand side of the said road in the passing direction, leaving the other side of the road free and clear for other carriages to pass; and if any driver shall offend against this provision, he shall forfeit and pay any sum not exceeding two dollars to any person who shall be so obstructed in his pas. sage and will sue for the same, to be recovered with costs before any justice in the same manner as debts of equal amount are by law recoverable.

Penalty for neglect.

When the

SECT. XXI. And be it further enacted by the authority aforesaid, That if the said company shall not proceed to carry on the said road shall be work, within three years after the legislature of the state of De carried on, laware shall authorize and empower the making of a like artificial road, by the same company, from the place where the road herein authorized shall strike the line of that state, thence by the nearest and most practicable route to the borough of Wilmington in said state; or shall not within ten years thereafter complete the said road, according to the true intent and meaning and complet of this act, then in either of those cases all and singular the rights, privileges liberties and franchises hereby granted to the said company, shall revert to this commonwealth. JOHN TOD, Speaker

ed. Penalty on failure.

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

APPROVED the seventeenth day of January, one thousand eight hundred and twelve.

SIMON SNYDER.

CHAPTER V.

An ACT confirming the title of John Gamble, late an alien, to a certain piece of land in the county of Luzerne.

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 the title Title of John of John Gamble, of the township of Springfield, in the county Gamble to a of Luzerne, late an alien, to a certain tract of land, containing

firmed.

three hundred and ninety-two acres and one hundred and twen- certain tract ty-eight perches, and allowance of six per cent. for roads, consist of land coning of part of lot number twenty-six, and part of lot number twenty-seven, as numbered and marked in the draught of the said township of Springfield, be and is hereby confirmed, as far as the same may be deficient, on account of the said John Gamble being an alien at the time he made the purchase.

JOHN TOD, Speaker

of the House of Representatives, P. C. LANE, speaker of the senate.

APPROVED the seventeenth day of January, one thousand eight

hundred and twelve

SIMON SNYDER.

CHAPTER VI.

A SUPPLEMENT to an act, entitled "An act to authorize the governor to incorporate a company for erecting a permanent, bridge over the river Susquehanna, at or near Harrisburgh in the county of Dauphin."

have sub

tify.

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 when When thirty thirty persons or more shall have subscribed two thousand shares persons shall in the stock of the company for erecting a permanent bridge scribed 2000 over the river Susquehanna at or near Harrisburgh, in the coun- shares the ty of Dauphin, the commissioners named in the act, entitled commission"An act to authorize the governor to incorporate a company for ers shalt cererecting a permanent bridge over the river Susquehanna, at or near Harrisburgh in the county of Dauphin," passed the third day of April, Anno Domini, one thousand eight hundred and nine, respectively shall certify under their hands and seals the names of the subscribers; and if the subscriptions be not full at the time, then also those who shall afterwards subscribe, the number of shares subscribed by, or appropriated to each subscriber, to the governor of the commonwealth, and thereupon it shall be lawful for the governor, by letters patent under his hand and seal of the state, to create and erect the subscribers into one body Subscribers politic and corporate, in deed and in law, as is prescribed in the to be incorporated. second section of the act to which this is a supplement; and the said corporation shall be entitled to and enjoy all and every the Powers of the rights and privileges they would have been entitled to by the act to which this is a supplement, if one hundred or more persons had subscribed five thousand shares; and so much of the second Part of the section of the act passed on the third day of April, one thousand former law eight hundred and nine, to enable the governor to incorporate repealed

corporation.