Proviso. Increase of toll allowed on heavy wagons.

2d proviso. Exempts from toll.

agents.

for every sled, six and a quarter cents, for each horse drawing the same; for every wagon or cart, six and a quarter cents, for each horse drawing the same; and two oxen shall be estimated equal to one horse: Provided, That the said bridge shall be so constructed as to admit any load not exceeding four tons, and drawn by not more than six horses or oxen, at all times to cross it, the said president and managers however, to have the power to increase the rate of toll to be demanded for any carriage of burthen crossing the said bridge, laden with more than four tons, to an amount not exceeding treble the above rates, and to grade them according to the weight of the load and the number of horses drawing the same: And provided also, That no toll shall be demanded from any person attending funerals, churches or schools or going to or returning from any mititia training.

SECT. 10. And be it further enacted by the authority aforesaid, That if the said company or their successors, or any Penalty on extortion and person or persons by their authority, shall collect or demand neglect by any greater toll for passing over said bridge, than what is company or hereinbefore prescribed and specified, or shall neglect to keep the same in good repair, or to keep a list of the rates of toll placed near the bridge, on ten days notice given by a justice of the peace of the said county, they so offending shall for every such offence forfeit and pay the sum of five dollars, to be recoverable as debts of the same amount are by law recoverable, one moiety thereof to go to the use of the poor of the county, and the other moiety to the use of the person who shall sue for the same, but no suit shall be brought, unless commenced within thirty days after the of fence shall have been committed.

Annual de claration of

dividends.

SECT. 11. And be it further enacted by the authority aforesaid, That the said president and managers shall keep a just and true account of all the moneys received as toll for crossing the said bridge or otherwise, and shall make and declare a dividend of the profits and incomes, after deducting costs, expenses and charges, and shall, on the first Monday of January in every year, publish the dividend to be made of the clear profits thereof amongst the stockholders, and of the time and place when and where the same shall be paid, and shall cause it to be paid accordingly: Provided, Reservation That it shall be lawful for the said president and managers, of contingent in making and declaring any dividend, to reserve such sum or proportion of the clear yearly income not exceeding two per cent. on the capital stock, as they may think proper, to form a contingent fund for the purpose of repairing and re-building said bridge, in case of decay or injury, and the same to invest on such security, or in such stock, as they shall deem safe and productive, and the interests arising from the same again to invest, and the same stock to sell

Proviso.

fund directed.

or transfer at any time, when the funds may be required for the purpose aforesaid.

SKOT. 12. And be it further enacted by the authority afore

said, That it shall be lawful for the president and managers Oaths of toll aforesaid, to cause the toll collector or collectors and watch collectors and man, or men of said bridge, to take and subscribe an oath watchmen. or affirmation before a justice of the peace of the said county, that he or they will faithfully conduct him or themselves, in his or their respective stations, and honestly account to the treasurer of the company for all the money collected by him or them, and diligently to attend to the discharge of his or their duty, by watching with vigilance over the interests of the company and safety of the bridge, and generally to execute with care and fidelity whatever lawful engagements he or they may enter into with the president and managers of said bridge.

SECT. 13. And be it further enacted by the authority aforesaid, That if any person or persons shall wilfully pull down, break, injure or destroy any part or parts of said bridge, or persons doing Penalty on of any toll house, gates, bars, or any other property of the wilful injury said corporation appurtenant to, or erected for the use and to property of convenience of said bridge, or of the person employed in company, attending to the same, or shall wilfully, without the consent or orders of said corporation, deface or destroy any list of the rates of toll affixed in any place or places, for the infor mation of passengers and others, or who shall wilfully or maliciously obstruct or impede the passage on or over the Obstructing said bridge, or any part or parts thereof, he, she or they, so passage of offending, shall each of them forfeit and pay for each and bridge. every such offence to said corporation, the sum of ten dollars, to be recovered before any justice of the peace as debts of a like amount are recoverable; and if any person shall be guilty of carrying any lighted cigar or pipe, or of carrying fire in any manner whatever over said bridge, except in Carrying fire, a lantern, or in some vessel secured so that the possibility of setting fire to said bridge shall be fully prevented, or who shall fire any squib, cracker, rocket or other fire works, or who shall discharge any pistol, gun or other fire arms, on or near said bridge, so that the said bridge might by possi bility be fired or injured thereby, he or she so offending shall forfeit and pay to the said corporation the sum of five dollars for every such offence, to be recovered as aforesaid, but no suit shall be brought for any of the aforesaid offences, Time of com unless commenced within thirty days after such offence shall have been committed; and he or they so offending, shall remain liable to actions at the suit of the said corporation for such wrongs, if the said sum or sums herein mentioned be not sufficient to repair and satisfy said damages: Provided always, That the said bridge shall not be erected at any Proviso. place on the land or property of the Schuylkill Navigation

&c.

mencing suits

Injury to works of

Schuylkill Navigation guarded ageinst.

Two years

allowed to commence, and three

thereafter to complete bridge.

Bridge at
Bell's mill.

Commiss❜rs.

open sub

scription books.

Form of heading.

company, nor so as to do any damage or injury, or in any manner to obstruct the Schuylkill Navigation company in their works, and that the abutment at the east side of the river shall be so placed as to allow not less than eight feet for the width of the tow path of the Schuylkill Navigation company, nor less than eight feet in height from the top of the tow path to the under part of the bridge, so as at all times to allow a free passage for horses along the same.

SECT. 14. And be it further enacted by the authority aforesaid, That if the said company shall not proceed to carry on the said work within two years after they shall have been incorporated, or shall not within the space of three years thereafter complete the said bridge, it shall and may be lawful for the Legislature of this Commonwealth to resume all and singular the rights, liberties and privileges hereby granted to the said company.

SECT. 15. And be it further enacted by the authority aforesaid, That Anthony Bickel, William Eckert, Samuel Bell, William Lash, of Reading, Abraham Kissinger, Daniel Deppen, Michael K. Boyer, Adam Kalbach and appointed to Jacob Conrad, of Bern township, all of Berks county, be and the same are hereby appointed commissioners, to do and perform the several duties hereinafter mentioned that is to say, they shall on or before the first Monday of May next, procure a book or books and enter therein as follows: "We whose names are hereunto subscribed, do promise to pay unto the president, managers and company, authorized to erect a bridge over the river Schuylkill, near to Bell's mill, Shares 825. for the use of the said company the sum of twenty-five dollars for each share of stock set opposite to our respective names, in such manner and proportions and at such times and places as shall be determined by the president and managers, in pursuance of an act of the General Assembly of this Commonwealth, entitled 'An act authorizing the Governor to incorporate a company to build a bridge over the river Schuylkill,' &c., Witness our hands this day of one thousand eight hundred and thirty ;" and shall thereupon give notice in two newspapers printed in the said county for one calendar month at least of the times and places when and where such book or books shall be opened to receive subscriptions for the stock of the said company, at which times and places some one of the said commissioners shall attend and shall keep open said book or books, at least six hours in every day for three juridical days, if so many Commiss❜rs. shall be necessary, and allow any person of the age of twenty duties relaone years, to subscribe therein in his own name, or in the tive to name or names of any other person or persons by whom he receiving shall be authorized to do so for any number of shares in the subscriptions. said stock, until three hundred and fifty shares shall be sub scribed, when the books shall be closed, but if the whole

bing,

number of shares should not be subscribed, the said commissioners may adjourn to such times and places as they shall think necessary, and give such further notice as they may think proper, and when the subscription shall amount to three hundred and fifty shares as aforesaid, the books shall be closed: Provided always, That every person offering to sub- Proviso. scribe in the said book or books in his own name or in the $2 to be paid name of any other persons, shall at the time of subscribing, down on each pay to the attending commissioner or commissioners two dol. share at time lars on every share so subscribed out of which money shall of subscribe defrayed the expenses attending the taking of such subscriptions and other incidental charges, and the remainder shall be paid over to the treasurer of the corporation as soon as the same shall be organized, and the officers thereof chosen as is hereinafter directed: And provided further, That it 2d proviso. shall be the duty of the commissioners of the county of Co. comm'rs. Berks, to subscribe and pay for one third part of the stock may subof the said bridge if they or a majority of them shall approve of scribe one the same: And provided also, That the county shall at any 3d proviso. time hereafter have the right of buying out the company by Right of pur. reimbursing to the stockholders such money as together with chase reserthe interest they may have expended in the erection and ved to county completion of the said bridge.

third of stock.

subscription

SECT. 16. And be it further enacted by the authority aforesaid, That when two hundred shares of the said stock Charter may issue upon shall have been subscribed, the said commissioners or a majority of them shall certify under their hands and seals, of 200 shares. the names of the subscribers, and the number of shares subscribed by each to the Governor, and thereupon it shall and may be lawful for the Governor by letters patent, under his hand and seal of the state to create and erect the subscribers, and if the subscription be not full at the time, then also those who shall subscribe to the number aforesaid, into one body politic and corporate, in deed and in law, by the name, style, and title of "The president, managers and company of the Schuylkill bridge, at or Style of cornear Bells' mill, and by the said name the subscribers shall poration. have perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of holding their said capital stock, and the increase and profits thereof,

and of enlarging the same from time to time by new subscrip. Privileges tions, in such manner and form as they shall think proper, if and liabilities such enlargement be thought necessary to fulfil the intent and meaning of this act, and of purchasing, taking and holding to them and their successors and assigns, and of selling, transferring and conveying, in fee simple or any less estate, all such lands, tenements, hereditaments and estate, real and personal, as shall be necessary to them in the prosecution of their work, and of suing and being sued, and of doing all

Certain sect's

and every other matter and thing which a body politic or corporation may lawfully do.

SECT. 17. And be it further enacted by the authority afore of act relative said, That the third, fourth, fifth, sixth, seventh, eighth, to Leiss' ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth sections of the foregoing act, be, and they are hereby extended to the last mentioned company, to all intents and purpo

bridge made applicable to this bridge.

Act of 24th Jan. 1832, relative to bridge at Medler's

ses.

SECT. 18. And be it further enacted by the authority aforesaid, That the act passed the twenty-fourth day of January, eighteen hundred and thirty-two, authorizing the commissioners of Berks county, to build a toll bridge over the river Schuylkill at Medler's ford, be, and the same is Ford repealed hereby repealed.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The ninth day of April, Anno Domini, eigh teen hundred and thirty-three.

GEO. WOLF.

Preamble:

No. 170.

AN ACT

Directing the collection of a debt due to the Commonwealth.

WHEREAS it appears from sundry public documents, that a contract was entered into by the mayor, aldermen and citizens of Pittsburg with the Commonwealth of Pennsylvania, for the guarantee by the said mayor, aldermen and citizens to this Commonwealth, of the payment under certain conditions and provisions of the excess of expenditure in the construction of a canal through the city of Pittsburg, beyond the sum of sixty five thousand five hundred and sixty seven dollars thirty five cents, and a dispute has arisen as to the performance of said contract and the amount due on said guaranty: Therefore,

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the Auditor General be and is hereby directed to apply to the mayor, aldermen and citizens of Pittsburg, for