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in the clerk's office of the said court, with the map aforesaid; and the said president and managers having paid the said owners respectively, the several sums awarded to be paid to them, in and by the said report, together with the fees of the said arbitrators, at the rate of two dollars to each, for every day employed in said business, and their necessary expenses, the said company shall be entitled to have and to hold, to them and their successors and assigns forever, the said lands and tenements, as fully and effectually as if the same had been granted to them by the respective owners thereof; and it shall and may be lawful thereupon and not before, for the said president and directors to enter upon the said lands and tenements, and to commence and to complete
the erection of the said bridge. Agents may Sec. 9. And be it enacted, That'it shall and may be lawful enter upon lands.
for the president and directors aforesaid, their superintendents, engineers, and artists, of every kind, to enter into and upon all lands and enclosures near to the place where the said bridge is to be built; and to examine the ground, for the purpose of obtaining stone, gravel, or sand necessary for the building of the said bridge ; and it shall and may be lawful for the said directors, overseers, superintendents, or any other person employed in building the said bridge, 19 enter with wagons, carts, sleds, or sleighs or beasts of burden or draught of any kind whatsoever, first giving notice to the owners, doing as little damage as possible, and repairing any breaches of fences they may have occasion to make, and first making amends for any damage that may be done, which
damages shall be ascertained by the parties, if they can agree,
ch or if they cannot agree, then by appraisement thereof, to be damages are ascertained made upon oath or affirmation of three disinterested freehold
ers of the neighborhood, or any two of them, to be mutually chosen; or if the owner, or managers, or superintendents, engineers, or artists, upon due notice, shall neglect or refuse to join in the choice, then the said freeholders to be appointed by any justice of the peace of the county not interested on either side ; and the said managers or other persons by them employed as aforesaid, after tender of the appraised value to the owner, may enter and dig, take and carry away any stone, gravel, sand or earth, most conveniently situated for making and repairing said bridge.
Sec. 10. And be it enacted, That the president and direcAccounts to be
tors of the said company shall keep fair and just accounts of stockholders all moneys received by them from the said commissioners, annually. and from the stockholders, and of the amount of the profits
on shares that may be forfeited as aforesaid, and of all voluntary contributions, and also of all moneys by them expended
in the prosecution of the said work; and shall, at least once in each year, submit such accounts to a general meeting of the stockholders, until the said bridge be completed, and until all the costs, charges and expenses for effecting the same shall be fully paid and discharged, and the aggregate amount of all such expenses shall be liquidated and ascertained.
Sec. 11. And be it enacted, That when a good and complete bridge is erected over the said river Delaware at the place aforesaid, the property of the said bridge shall be vested in the said company aforesaid, their successors and assigns forever; and the said company, their successors and asssgns Rates of tolls may demand and receive toll from travellers and others not to exceed the following rates :
For every coach, landau, chariot, phæton, or other pleasurable carriages with four wheels, drawn by four horses, the sum of seventy-five cents.
For the same carriage, with two horses, the sum of fifty cents.
For every wagon with four horses, the sum of sixty-three cents.
For every carriage of the same description drawn by two horses, the sum of fifty cents.
For every chaise, riding chair, sulkey, cart, or other two wheel carriage, or a sleigh or sled with two horses, the sum of thirty-one and a fourth cents.
For the same with one horse, the sum of fifteen cents.
For every led or driven horse or mule, the sum of five cents.
For every foot passenger, the sum of two cents.
Provided— That all persons going to and returning from fu-
And the said company shall so erect the said bridge, as in no wise to injure, stop or interrypt the navigation of the said river, or prevent boats or rafts from passing or persons from fording the said river.
Sec. 12, And be it enacted, That if any person or persons Penalty for in shall wilfully cut, destroy, break or remove, from off the said juring bridge.
bridge or any part thereof, any piece or pieces of timber, plank or planks, stone or stones, chain or chains, bolt or bolts, or any other materials whatsoever belonging to said bridge, or otherwise wilfully or maliciously damage the same, he, she, or they so offending, shall forfeit and pay for every such offence, over and above the damages donc to the said bridge, the sum of thirty dollars, to be recovered in any court having cognizance thereof.
Sec. 13. And be it enacted, That if the said company,
their successors and assigns, and whoever shall own or posPenalty for demanding
O sess the said bridge, shall collect or demand any greater rate unlawful toll. or prices for the passing over the said bridge, than what are
herein before prescribed and specified, or shall 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 thirty dollars, one third thereof for the use of the poor of the county of Bucks, in the state of Pennsylvania, and one third thereof for the use of the poor of the townships of Greenwich, in the county of Warren, and Alexandria in the county of Hunterdon, and state of New Jersey, and the other
third for the use of the person who may sue for the same; Proviso. Provided always, that no suit or action shall be brought, un
less within sixty days after such offences shall be committed.
Sec. 14. And be it enacted, That the said president and Power to con- directors shall have power to agree with any owner or owntract with
orers of ferries or shad fisheries that may be injured by the owners of fer
d fishe. erection of the said bridge, and to compensate them for any eries.
damages they may thereby sustain; and if they cannot agree with such owner or owners, then and in such case, the said damages shall be ascertained and paid in the the same manner as is provided for in the ninth section of this act; Provided, that no person shall receive any compensation for ferrying at any ferry which shall have been purchased and paid for by the said company, after the said bridge shall have been completed.
Sec. 15. And be it enacted, That the said president, directors and company shall also keep a just and true account of all and every the moneys received by their respective collectors of tolls, for crossing the said bridge, and shall make and declare a dividend of the profits and income thereof, among all the stockholders of the said company, deducting first therefrom all contingent costs and charges, and such proportion of said income as may be deemed necessary for a growing
fund to provide against the decay and for rebuilding and rebe made, and mount pub pairing of the said bridge, and shall on every first Monday lished annual. in May and November, in each and every year, publish the ly.
dividend to be made of the said clear profits thereof amongst
the stockholders, and of the time and place where and when the same shall be paid, and shall cause the same to be paid accordingly.
Sec. 16. And be it enacted, That this act shall not take w effect, or go into operation, until the legislature of the com- takes effect. monwealth of Pennsylvania shall pass a law, appointing commissioners on their part, and vesting like power and authority in the subscribers to the said capital stock, of erect. : ing a bridge at the place aforesaid, and of extending the same from shore to shore, with as full and ample powers, privileges, franchises and emoluments, as to the said company are hereby given.
Sec. 17. And be it enacted, That nothing in this act contained shall be so 'construed as to authorise the said bridge company to exercise any banking privileges whatsoever, or Restrictions. to issue any notes in the nature of bank notes. The legislature reserve the right of altering, amending, or annulling this charter whenever they think proper.
Passed, November 6, 1835.
AN ACT relative to the last will and testament of Richard
Eayre, late of the county of Burlington, deceased.
WHEREAS Thomas W. Eayre, Samuel B. Eayre, Isaac W.
Eayre and Dr. Oakey H. Cortell, and Mary Ann his wife, late Mary Ann Eayre, (which said Thomas, Samuel, Isaac, and Mary Ann, are the only brothers and sisters of the
Preamble. said Richard Eayre) and Sarah W. Eayre, the widow of the testator, have, by their petition represented to the legislature, that at the time of the intermarriage of the said deceased, with the said Sarah W. Eayre, she was possessed of personal estate, to the amount of four thousand five hundred and fifty dollars ; which, with the exception of one thousand dollars, he reduced into his possession in his life time, that they have issue living two children, a son aged about six years, and a daughter aged about four years, and that the deceased, at the time of his death, was
· seized and possessed of real estate, valued by him at seven 'Thousand seven hundred and seventy-five dollars, much of which consists of pine and out lands, wholly unproductive, and possessed of personal estate, estimated by him after paying his debts, to amount to twelve thousand six hundred dollars, or thereabouts; that the said Richard Eayre, in his life time, made his last will and testament, in writing, bearing date the twenty-fifth day of September, in the year of our Lord one thousand eight hundred and thirtyfour and thereby appointed Benjamin Davis, executor, and Sarah W. Eayre, executrix, of the same, and guardians of his infant children, upon condition, that each for all their services, both as executors and guardians of his children, should each receive the sum of one hundred and seventyfive dollars, and no more, making no charge for their personal expenses and time; and “ did give and bequeath unto my beloved and excellent wife, Sarah W. Eayre, in addition to her right of dower, such and so much of my household goods and kitchen furniture, as she may choose, intending that all obligations held in her name, against any person or persons, shall be paid into my estate; and that the testator meant and intended, by the word dower, used in the said clause, to give and bequeath to his said wife, not only the one third part of the yearly profits of his real estate, but the one third part of his personal estate, which bequest would fall short of the dowry which the said Sarah W. Eayre brought to the testator; And whereas, doubts have arisen as to the construction of the word dower, used in the bequest aforesaid, and it is the wish of all persons concerned, and would be for the benefit of the infant children of the testator, that the same should be removed, and the construction of the said clause settled, so as to carry into effect the known and unquestioned meaning, and intention of the testator; And whereas, from the tender infancy of the children of the testator, and the responsibility arising from the nature of the trust, the executors and guardians named in the said will, are unwilling to take upon themselves the executorship and guardianship by the said last will and testament commifted to them, upon the condition limited by the said will; And whereas, the said petitioners have alleged that it would be conducive to the interests of the said infants, as well as in conformity to the true meaning and intention of the testator, to authorise the said executors to receive a just and reasonable compensa. tion for their execution of the said trust : And whereas, the facts set forth in the said petition, have been fully ascertained and proved to the satisfaction of the LegislatureTherefore,