chosen.

Managers to make bylaws, &c.

of a time and place by them to be appointed, not less than thirty 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 auOfficers to be thorized, one president and twelve managers one treasurer, and such other officers as they shall think necessary to conduct the business of the said company for one year; and until such other officers shall be chosen, and the said managers so chosen, and their successors, shall and may make such by-laws, rules, orders, and regulations, not inconsistent with the constitution and laws of the United States, and of this state, as shall be necessary for the well ordering the affairs of the said company, 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, restrictions, penalties, fines, and forEaston and feitures, and be entitled to like tolls and profits, in proportion to Wilkesbarre the distance, as are given and granted to the president, managers, and company, of the Easton and Wilkesbarre turnpike road; Provided, that if the said company shall not proceed to carry on commenced the said work in three years after the passing of this act, or shall within three not within ten years afterwards complete the said road, according to the true intent and meaning of this act, then in either of these cases, it shall and may be lawful for the legislature of this commonwealth to resume all and singular the rights, liberties privileges and franchises, by this act granted to the said company. JOHN TOD, Speaker

And to have similar pow

ers with the

road com

pany.

Road to be

years.

And completed within ten.

Penalty on failure.

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

APPROVED the thirty-first day of March, one thousand eight

--

hundred and twelve.

SIMON SNYDER.

When the

CHAPTER CLXI.

An ACT supplementary to an act, entitled "An act to authorize and direct the governor to incorporate a company, for erecting a permanent bridge over the river Schuylkill, at or near where the floating bridge of Abraham Sheridan, is at present situate, known by the name of the "Upper Ferry," in the county of Philadelphia.

SECT. I. BE it enacted by the senate and house of represen tatives of the commonwealth of Pennsylvania, ingeneral assembly met, and it is hereby enacted by the authority of the same, That bridge may be the "managers and company for erecting a permanent bridge erected over over the river Schuylkill, at or near where the floating bridge is Schuylkill. at present situate, and known by the name of the "Upper Ferry,"

be and they are hereby authorized and empowered to construct an artificial road from near the intersection of the Lancaster turnpike road, and the said upper ferry road, to the said bridge, and from thence to the intersection of the said upper ferry road, with the Wissahicken road.

stock allow

ed.

SECT. II. And be it further enacted by the authority aforesaid, Additional That for the purpose of enabling the said managers and company to construct the said road, they are hereby empowered to receive, in addition to the original stock of the said company, subscriptions to the amount of twelve thousand dollars, which subscriptions shall be made in shares of the same amount, and in all respects except as to their application, be subject to the same terms, conditions and penalties, as those which have been or may hereafter be subscribed to the original stock of the said company.

SECT. III. And be it further enacted by the authority aforesaid, How the road That the said artificial road, so as aforesaid to be constructed, shall be shall be bedded with wood, stone, gravel, or any other hard sub- made. stance well compacted together a sufficient depth to secure a solid foundation to the same; and that 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, an even surface rising towards the middle by a gradual arch, 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 degrees with a horizontal line, and shall be kept in good and perfect order and repair.

SECT IV. And be it further enacted by the authority aforesaid, Viewers to That as soon as the said managers and company shall have be appointed. perfected the said road, they shall give notice thereof to the governor of the commonwealth, who shall thereupon forthwith nominate and appoint three skilful and judicious persons to view and examine the same, and report to him in writing whether the Report. said road is constructed in a masterly workman-like manner; and if their report shall be in the affirmative, then the governor shall, by license under his hand and the lesser seal of the commonwealth, permit and suffer the said managers and company, to erect and fix so many gates or turnpikes upon and across the Gates to be said road, as will be necessary and sufficient to collect the tolls fixed and tolls exacted. and duties hereinafter granted to the said company, from all persons travelling the same with horses, cattle, carts, and carriages. SCT. V. And be it further enacted by the authority aforesaid, That the said managers and company be and they are hereby authorized to fix the rate, and to receive such tolls for the whole or part of the said road as from time to time shall appear to them most adviseable, provided the same shall in no instance exceed in proportion to the distance the rate of tolls given and granted by the twelfth section of an act of this commonwealth, passed the tenth day of April, one thousand seven hundred and ninety-two,

Rates of toll.

entitled "An act to enable the governor of this commonwealth to incorporate a company for making an artificial road from the city of Philadelphia to the borough of Lancaster."

SECT. VI. And be it further enacted by the authority aforesaid, That the several provisions contained in the fourteenth and fifteenth sections of said act last mentioned, shall be deemed to extend to, and be as binding and obligatory on the said company, and all persons whatsoever, as if the same were herein particularly enacted.

SECT. VII. And be it further enacted by the authority aforesaid, 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 free and clear for other carriages to pass and repass; and if any driver shall offend against this provision, he shall forfeit and pay the sum of two dollars to any person who shall be obstructed in his passage, and will sue for the same to be recovered with costs before any justice of the peace, in the same manner as debts under one hundred dollars are by law recoverable.

SECT. VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said managers and company to make such deviation from the route or track of the present roads, above referred to, as they may think useful having first obtained therefor, the consent of the owners of the ground, over which the said new tract or route may pass.

JOHN TOD, Speaker

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

APPROVED the thirty-first day of March, one thousand eight

hundred and twelve.

SIMON SNYDER.

CHAPTER CLXII,

An ACT to repeal and supply an act, entitled "An act to provide for the education of the poor, gratis ;" passed the fourth day of April, one thousand eight hundred and nine, so far as the same operates on the city and county of Philadelphia.

WHEREAS circumstances peculiar to the city and some parts of the county of Philadelphia, render the general provisions of the act to provide for the education of the poor, gratis, oppressive to the inhabitants of that part of the state, and there is reason to fear its continuance would be attended with greater evils than it has yet produced: Therefore,

ty, to fix on a

SECT. 1. 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 Commissionfrom and after the passing of this act, it shall be the duty of the ers of Philacommissioners of Philadelphia county, before any children shall delphia counbe sent to school by virtue of the act to which this is a supple- teacher, &c. ment, to fix on the teacher or teachers to whose care such children shall be committed, and to furnish stationary, school-books, Furnish staand other materials, necessary to them in the commencement tionary, school books, and progress of their education; and the said commissioners shall have power to contract with such teacher or teachers for the price of tuition of said children, and also if they may think the public good or the education of the pupils will be thereby promoted, it shall and may be lawful for the said commissioners of public to establish public schools, in such manner, and under such schools, &c. regulations as shall be approved of by the select and common councils of the city of Philadelphia, the respective boards of commissioners of the township of the Northern Liberties, and district of Southwark.

&c.

SECT. II. And be it further enacted by the authority aforesaid, Jurisdiction That the provisions of this act shall be confined to the city of of this act. Philadelphia, district of Southwark, townships of the Northern Liberties, Penn, Moyamensing, and Passyunk; and that so much Repealing of the act, entitled "An act to provide for the education of the clause. poor, gratis," as is by this act altered or supplied, be, and the same is hereby repealed: Provided always, that nothing con- Proviso. tained in this act shall be considered as vesting in the county commissioners, or any other persons or incorporate bodies, any power to prevent the free and impartial education of poor children gratis.

JOHN TOD, Speaker

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

APPROVED the thirty-first day of March, one thousand eight hundred and twelve.

SIMON SNYDER.

CHAPTER CLXIII.

An ACT to incorporate the president and directors of the streets, lanes, and alleys, in the town of Lewisburg, in the county of Northumberland.

Taxable in

SECT. I. BE it enacted by the senate and bouse of representatives of the commonwealth of Pennsylvania in general assembly met, and it is bereby enacted by the authority of the same, That it shall and may be lawful for the inhabitants of the town of Lewisburg, in the township of Buffalo and county of Northum- where to berland, who are taxables in the same, to meet at the house of meet,

habitants,

And when.

And elect five citizens

the streets,

&c.

tion.

When the

Andrew Belmire, in the town aforesaid, on the first Monday in June next, between the hours of one and six of the clock of said day, and then and there, to elect by ballot, five citizens who shall be resident in said town, and who shall be termed directors as directors of of the streets, lanes, and alleys, in the town of Lewisburg, and who shall serve as such one year, and the like number of direcAnnual elec. tors as aforesaid, shall annually be elected on the first Monday in June thereafter, in manner aforesaid; but previous to any election being held in pursuance of this act, the electors who electors shall may be present at the time of opening the same, shall appoint judges of the two citizens, resident in the town, to receive tickets from persons qualified by this act to vote, and to count the votes and certify the result of the election under their hands and seals to the persons elected; and immediately after the said annual election respectively, the directors shall appoint out of their own body, a president and secretary and in the absence of one or the Of president and secretary. Other, their absence shall be supplied by pro tempore appointPenalty on re- ments; and in case any director shall refuse to accept apfusal to serve pointment, or to enter upon the duties thereof, he shall pay a

appoint two

election.

Who shall

certify the result to the of

ficers elect.

How vacan

cies shall be supplied.

Style of the corporation.

Powers of.

the

fine of not more than ten dollars, to be recovered upon the complaint of any person, as debts of equal amount are or may be by law recoverable; and if any vacancy occurs in the directorship in anywise, it shall be immediately supplied by an election in manner aforesaid, upon notice given through advertisements, by the president, fixed up at five of the most public places in the said town, at least five days previous to the election, which special election shall be held at the same place, and conducted in the same manner, as the annual election under this act; and the said directors shall have perpetual succession, by the name, style and title of "The president and directors of the streets, lanes, and alleys, of the town of Lewisburg;" and under the same name and title they shall be, and are hereby made, able and capable in law, to sue and be sued, implead and be impleaded; and they or a majority of them shall form a quorum for doing business, and they shall have power to make by-laws, and to appoint officers necessary for carrying the object of this act into effect, not inconsistent with or repugnant to the constitution and laws of the United States or of this commonwealth, and from time to time to alter, abolish, or enforce the same by certain fines and penalties, which shall be recovered by the president and directors in the same manner as debts of equal amount are or may be by law recoverable; and the by-laws shall be By whom by. laws shall be signed by the president, and countersigned by the secretary, signed, &c. which shall be immediately published in at least six written or To be pub printed handbills, fixed up at as many of the most public places in the said town, and which shall also be recorded in a book to be provided for that purpose, by the president and directors; and they shall also provide another book in which they shall re

lished.

And recorded, &c.