William tors of the estate of Archibald made, they not being appointed executors of the same, are unable to make a title under it to any purchaser, and have prayed the legislature to be authorized by law to sell and convey the aforesaid plantation, agreeably to the intention of the testator : Therefore, 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 William Scott, and John Galloway, administrators of the estate of Archibald Scott, late of East Huntingdon township, Westmoreland county, deceased, are hereby authorized and empowered to sell and convey for the highest and best price that can be had for the same, all that certain tract or parcel of land, Scott, autho- situate in the township and county aforesaid, adjoining lands rized to sell a of Samuel Moorhead, Hugh Wilson, William Newell, Thomtract of land; as Boyd and William Latta, held by virtue of a warrant granted to the said Archibald Scott, dated the twenty-third day of April, one thousand seven hundred and eighty-seven; containing one hundred and twenty-six acres, more or less, and to make such deed, or deeds, or other conveyance, as shall be sufficient to secure to the purchaser or purchasers, all the right, title, and appropriate the proand interest, which the said Archibald Scott had in his life-time, ceeds there- and at the time of his decease, in, and to the same, and every of, agreeably part thereof; and that the monies arising therefrom, shall be will of Archi- appropriated and disposed of, according to the directions of the last will and testament of the said Archibald Scott. to the last bald Scott. Administra tors to give bond to the orphans' SECT. II. And be it further enacted by the authority aforesaid, That the said William Scott, and John Galloway, shall, before they proceed to sell and convey the said land, enter into recogcourt, for the nizance, with sufficient sureties, before the orphans' court, of the county of Westmoreland, conditioned for the faithful execution of the trust in them confided, and for the performance of the powers hereby granted. faithful dis charge of their trust. JOHN TOD, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the twenty-second day of February, one thousand eight hundred and twelve. SIMON SNYDER. CHAPTER XXXVIII. An ACT authorizing the commissioners of Berks county, to build a stone bridge over the river Schuylkill, near the town of Reading, in the said county. SECT. 1. BE it enacted by the senate and house of represen tatives of the commonwealth of Pennsylvania, in general assembly county autho met, and it is hereby enacted by the authority of the same, That Commissionthe commissioners of the county of Berks, be and they are ers of Berks hereby authorized and empowered to contract with any person rized to conor persons, to build a stone bridge over the river Schuylkill, tract for at the west end of Penn-street, in the town of Reading, at the building expense of the said county of Berks; and to do and to perform, a bridge over Schuylkill. all and singular, such matters and things as county commissioners may do, and perform, in virtue of the twenty-first section of an act, entitled “An act for laying out, making, and keeping in repair, the public roads and highways within this commonwealth, and for laying out private roads"; passed the sixth day of April, anno Domini, one thousand eight hundred and two. SECT. II. And be it further enacted by the authority aforesaid, Bridge when That when the commissioners aforesaid shall have completed a built to be inbridge, at the place aforesaid, the same shall be considered as spected. built under the twenty-first section of the act aforesaid; and the same shall be inspected; and the commissioners shall be liable, if it should not be approved of, according to the provisions of the said section. suc ed to take toll SECT. III. And be it further enacted by the authority aforesaid, CommissionThat it shall be lawful for the said commissioners, and their ers authoriz cessors, after the said bridge shall be completed,to demand and re- for passing ceive toll, from travellers and others, passing over the same, agree- the bridge. ably to the following rates, viz: for every score of sheep, six Rates of toll. cents; for every score of hogs, ten cents; for every score of cattle, twenty cents; and so in proportion for any greater or lesser number; for every horse or mule, four cents; for every rider and the horse, six cents; for every sulkey, chair or chaise, with one horse and two wheels, twelve and one half cents; for every chariot, coach, phæton or chaise, with two horses and four wheels, twenty-five cents, for either of the last mentioned carriages with four horses, thirty-seven and one half cents; and for every other carriage of pleasure, under whatever name, the like sum, according to the number of wheels, and of the horses drawing the same; for every stage waggon with two horses, twenty cents; for every such waggon with four horses, thirty cents; for every sleigh, six cents, for every horse drawing the same; for every sled, five cents, for every horse drawing the same; and for every waggon or cart six cents, for every horse drawing the same; and in all cases, two oxen shall be estimated equal to one horse Provided always nevertheless, that any person or persons Proviso. going to, and returning from public worship, on sabbath days, or going to, and returning from funerals, or going to, and returning from training in the militia, and all persons going to, and returning from general elections, shall be exempted from paying toll : And provided also, that nothing in this act contained, shall be so Second provi construed to prevent the said commissioners from contracting so. 1 Gates to be with any person or persons, desirous of using the said bridge, for an annual sum in lieu of the toll herein before mentioned. SECT. IV. And be it further enacted by the authority aforesaid, erected and That to facilitate the collections of thesaid tolls, it shall and may be toll gatherers lawful for the said commissioners, to erect a gate, near or contiguto be appoint. ed. ous to the said bridge, and to alter or remove the same, as occasion may require; and also to appoint such and so many persons as they may think proper, to attend the said gate, and to receive toll from travellers, and others, according to the ratio aforesaid : Provided always, that nothing in this act contained, shall be so construed as to authorize the commissioners aforesaid, or any person or persons whatever, to put any obstructions in the river Schuylkill, at the fording place, near said bridge, or in the street leading thereto, but the same shall be, and remain free and open for all persons to pass over and across the same, as fully and effectually as if this act had not passed. Proviso. Penalty for demanding illegal tolls. be recovered. SECT. V. And be it further enacted by the authority aforesaid, That if any toll gatherer shall demand or receive, any other or greater rates or prices for passing over said bridge, than are herein before specified, the person so offending shall, for every such Manner of ap- offence, forfeit and pay the sum of twenty dollars, one moiety to propriating the commissioners aforesaid, towards defraying the expense of fines that may said bridge, 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 the county, who is hereby empowered, on complaint made to him, on oath or affirmation, of any such offence, to isMode of prosue his summons or warrant to any constable of the county, com secuting manding him to bring or cause every person against whom such complaints. complaint shall be made, to come before him; and on due proof of such offence, to convict such person thereof; and to issue his warrant to any such constable, to levy such sum of money on the goods and chattels of the offender, by distress and sale thereof; Provided always, that any person so convicted who shall find himself aggrieved thereby, may, within ten days after such conviction, appeal to the next court of quarter sessions of the county; which appeal shall be allowed on the appellants entering into recognizance before the said justice with one or more sureties, in a penalty not less than double the sum sued for, to pay all costs, and if the conviction, so made by the said justice, shall be confirmed, the said justice shall proceed to levy the said forfeiture in the manner herein before directed: Provided also, that no suit or action shall be brought, after twenty days from the time when the offence was committed. Proviso for an appeal. Toll gather ers to be al lowed for services. SECT. VI. And be it further enacted by the authority aforesaid, That the said commissioners shall have power to make such allowance for the persons employed in the collection of toll, or rendering other services, in pursuance of this act, as they may deem reasonable. to exhibit their SECT. VII. And be it further enacted by the authority aforesaid, Commissioners That it shall be the duty of the commissioners of Berks county, accounts of ex for the time being, and their successors in office, to lay before penditures for erecting the the court of quarter sessions, of Berks county, on oath or affir- bridge before the court of quarter mation, an account annually of the expenses by them incurred, sessions, in erecting the said bridge, which account, if confirmed by the court, shall be held to contain the sum, justly due to the said county; and to be repaid to the county, by the profits of the toll aforesaid; and when it shall appear to the said court, that the principal sum, without interest, so as aforesaid expended in the erecting of said bridge, hath been raised by means of the When the said toll, the said court shall forthwith, by public advertisement, tolls received inserted in all the newspapers in the borough of Reading, and amount to the sum expend. in at least two newspapers in the city of Philadelphia, declare ed in erectthe said bridge to be free of toll; and if the commissioners ing the bridge aforesaid, or any person or persons by their order, shall demand it shall thereor receive any rate or price for passage over the same after it shall have been declared a free bridge, in manner aforesaid, he Notice of or they so offending, shall for every such offence, forfeit and pay given by the the sum of twenty dollars, one moiety to the poor of the bo- court. rough of Reading, in the county of Berks, and the other moie- And a fine imposty to the party complaining, or who may sue for the same; to be toll be demanded. recovered before any justice of the peace of the said county, in priated, the same manner, as debts of the same amount are by law recoverable: Provided, that no suit or action shall be brought, unless the same is brought within two months after the offence is committed: And provided also, that any person so convicted, and Appeal may be who shall find himself aggrieved thereby, shall have the same remedy to appeal, as is prescribed in the fifth section of this act. after be free. which to be ed if afterwards Fines how appro had, to exhibit a de annually to the SECT. VIII. And be it further enacted by the authority aforesaid, Commissioners That it shall be the duty of the said commissioners, and their tailed statement successors, to keep a just and true account of their receipts and of their accounts expenditures, of the money which shall come to their hands, by county auditors. virtue of the provisions of this act; and they shall annually at the time appointed by law, for the settlement of their accounts as county commissioners furnish a statement of their said receipts and expenditures, accompanied by proper vouchers, to the persons who shall be elected to settle their accounts, as county com'missioners, who shall, in like manner, examine, settle, and adjust the same. JOHN TOD, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the twenty-second day of February, one thousand eight hundred and twelve. G SIMON SNYDER., ers to open first Monday in August next. CHAPTER XXXIX. An ACT to enable the governor of this commonwealth, to incorporate a company, for making an artificial road, by the best and nearest route, from Waterford, in the county of Erie, through Meadville and Franklin, to the river Susquehanna, at or near the mouth of Anderson's creek, in Clearfield county, and also to incorporate a company for making an artificial road from the town of Northumberland, in the county of Northumberland, by the best and nearest route, to the west branch of the Susquehanna river, at or near the mouth of Anderson's creek; passing through Derrstown, Youngmanstown, Aaronsburg, Belle-fonte, and Milesburg. SECT. I. BE it enacted by the senate and house of representatives of the commonwealth of Pennsylvania, in general assembly Commission- met, and it is hereby enacted by the authority of the same, That Thomas Forster, and John Boyd, of Erie county; James Harribooks of sub-ot, and Henry Hurst, of the county of Crawford; William scription on Moore, and George Powers, of the county of Venango; Ebeor before the nezar Magoffin, and Bevan Pearson, of Mercer; Joseph Barnet, and Peter Jones, of the county of Jefferson; Joseph Boone, and Paul Clover, of Clearfield; George Latimer, and Jeremiah Parker of the city of Philadelphia; William Duncan, and John Shaw, of the county of Philadelphia; be and they hereby are appointed commissioners, to do and perform the several things hereinafter mentioned; that is to say, they shall, on or before the first Monday in August next, procure one or more books, and in each of them enter as follows: "We whose names are hereunto subscribed, do promise to pay to the president, managers and company, of the Susquehanna and Waterford turnpike road, the sum of twenty-five dollars, for every share of stock in the said company, set opposite to our respective names; in such manner and proportions, and at such times as shall be determined by the president, and managers of the said company, in pursuance of an act of the general assembly of this commonwealth, entitled "An act to enable the governor to incorporate a company, for making an artificial road by the best and nearest route, from the town of Waterford, in the county of Erie, through Meadville, and Franklin, to the river Susquehanna, at or near the mouth of Anderson's creek, in the county of Clearfield." Witness our hands the day of Notice to be given of the time of opening the books and places where. in the year of our Lord, one thousand eight hundred and twelve ;" and shall thereupon give notice in two or more of the public papers, printed in the city of Philadelphia, one of which shall be in the German language in the Crawford Messenger, printed at Meadville, in the Western Press, printed at Mercer, and in the Commonwealth, printed at Pittsburgh, for one calendar month at least, of the times and places when and |