among all the stockholders, all contingent costs and charges being first deducted, and shall, on the first Monday in November and the first Monday in May every year, publish the half-yearly dividends made of the clear profit, and the time when and where the same will be paid to the stockholders, not exceeding twenty days thereafter, and shall cause the same to be paid accordingly; that the president and treasurer of said company Report to auditor are required to return to the auditor general of this commonwealth, on general. or before the first Monday of January in each year, a full and accurate account of the money actually expended by the said company in the construction of the work under the provisions of this act, the amount of capital stock subscribed, the amount of capital paid in, and the amount of money borrowed, and at what rate of interest per annum, the number and names of the officers of said company, the salaries paid to such officers, the annual expenditures and receipts, and the dividends declared; which abstract shall be verified by oath or affirmation of the president and treasurer of the company for the time being.

Causeways, bridges, &c.

Farm bridges.

Proviso.

the

SECTION 17. The said canal shall be so constructed as not to obstruct or impede the use or passage of any public road or roads which may cross the same and being now laid out, and in all places where said canal may cross or interfere with any public road now laid out, it shall be the duty of said company to make, or cause to be made, a good and sufficient causeway or bridge, to enable persons passing or travelling such public roads to cross or pass the said canal, which causeways and bridges shall be made and maintained by the said company; and if company shall neglect or refuse to make such causeways or bridges as soon as practicable, or when made to keep them in good repair, they shall be liable to pay a penalty of ten dollars for every day the same shall be neglected or refused, after having been notified in writing, to be recovered by the supervisors of the township, with costs, for the use of the township, as debts of a like amount are by law recoverable; and shall moreover be liable to an action or actions at the suit of any person who may be aggrieved thereby, and the service of process upon any officer or agent of the said company, shall be as good and available in law as if served upon the president thereof.

SECTION 18. For the accommodation of all persons owning or possessing lands through which the said canal may or shall pass, it shall be the duty of said company, when required, to make, or cause to be made, a good and sufficient bridge or bridges wherever the same may be necessary, to enable the occupant or occupants of said lands to cross or pass over the said canal with wagons, carts, and implements of husbandry, as the occasion may require: Provided, That said company shall in no case be required to make, or cause to be made, more than one bridge on each plantation or lot of land, for the accommodation of any one person owning or possessing lands through which the said canal may pass, and where any public road shall cross the said canal, the person owning or possessing land through which the said canal may or shall pass, shall not be entitled to make such requisition on said company, and the said bridge or bridges when so made and constructed shall be maintained and kept by the said company; and if the said company shall refuse or negleet to make such bridge or bridges, or when made to keep the same in good repair when duly notified thereof, the said company shall be liable to pay any person aggrieved thereby all damages sustained by such person, in consequence of such refusal or neglect, to be sued for and recovered before any justice of the peace or court having cognizance thereof, and the service of process upon any officer or agent of the said company shall be good and valid in law as if served upon the president thereof: Provided, That the owner or own

ers of land through which said canal passes, shall not be prevented from constructing bridges over said canal, agreeably to the form and position of the bridges constructed by said company.

SECTION 19. No suit or action shall be brought or prosecuted by any Suits. person or persons for penalties incurred under this act, unless said suit or action shall be commenced within six months next after the offence shall have been committed, or the cause of action have accrued, and the defendant or defendants in 'each suit or action may plead the general issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by authority of this act.

SECTION 20. If any person or persons shall wilfully and knowingly Penalty for injurbreak, injure or destroy the banks, locks or other part of said canal, or ing works. any edifice or device, or any part thereof to be erected by said company in pursuance of this act, he, she or they shall for every such offence forfeit and pay to the said company three times the actual damages so sustained, to be sued for and recovered with costs of suit in any court having cognizance thereof, by action of debt, in the name and for the use of said company.

SECTION 21. That if the company incorporated by this act shall at Banking proany time issue any note or notes, in the nature of bank notes, or shall hibited. transact any business in the nature or manner of banking, then and in either of those cases their chartered privileges shall cease and revert to this commonwealth.

SECTION 22. That it shall at all times be lawful for a committee of Inspection of the legislature, or either branch thereof appointed for that purpose, to books. inspect the books and examine into the proceedings of the corporation hereby created, and to report whether the provisions of this charter have been by the same abused and violated, and if the officers of said corporation should refuse to be sworn or affirmed to give evidence, or to produce all such of their books or papers as may be demanded before any such committee, the legislature may by law declare the said charter void, and repeal the same; and whenever any committee as aforesaid shall find and report, or the governor shall have reason to believe that the charter has been violated, it may be lawful for the legislature to direct, or the governor to order a scire facias to be issued out of the supreme court of this commonwealth, which shall be executed on the president of the corporation for the time being, at least ten days before the commencement of the term of the said court, calling on the said corporation to show cause wherefore the charter hereby granted shall not be declared forfeited, and it shall be lawful for the said court upon the return of the said scire facias to examine into the truth of the said violations, and if such violations be made to appear, then to adjudge that the said charter is forfeited, and thereupon, and in case the legisla- Forfeiture of ture shall declare the said charter void and repeal the same for the cause charter. aforesaid, the canal aforesaid, with the appurtenances, and all the estate, real and personal, of the said corporation, shall revert to, and revest in the commonwealth, upon the payment by the commonwealth to the stockholders of the money expended as prescribed in the fifth section of this act, and until the commonwealth shall have made such payment to the managers of the said company, to be by them distributed among the stockholders, the rights, privileges and franchises of the said corporation shall remain as though said judgment or forfeiture had not been declared or pronounced: Provided, That every issue of fact which Proviso. may be joined between the commonwealth and the corporation in said proceeding, shall be tried by a jury, summoned by an officer to be named by the court from the body of the state, and it shall be lawful for the court aforesaid to require and compel the production of such of

the books and papers of the corporation on such trial, as it may deem necessary for the ascertainment of the controverted facts, and the final judgment of the court shall be subject to all the usages of law as in other cases.

FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED The thirteenth day of March, A. D. one thousand eight hundred and forty-five.

FRS. R. SHUNK.

No. 101.

AN ACT

Relating to the election of township officers in Passyunk township, in the county of Philadelphia.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacied by the authority of the same, That Repealing clause the eighth and ninth sections of the act, passed the twenty-eighth day of of part of former February, one thousand eight hundred and thirty-five, entitled "A sup

acts.

plement to the act relating to county rates and levies, and township rates and levies, and to the act relating to counties and townships, and county and township officers," be and the same are hereby repealed, so far as the same regards the township of Passyunk, in the county of Philadelphia; and the said act relating to counties and townships, and county and township officers, passed the fifteenth day of April, one thousand eight hundred and thirty-four, shall be construed and taken to apply in all its provisions to Passyunk township, in the county of Philadelphia aforesaid. That on the third Friday in March, one thousand eight hundred and forty-five, the qualified citizens of the said Passyunk township. shall To elect three su- elect three supervisors, one whereof to serve for one year, one to serve pervisors. for two years, and one to serve for three years, and annually thereafter, one to serve for three years; also a township treasurer, to serve for one year, and that hereafter the township officers of said Passyunk township shall be elected in pursuance of the provisions of the aforesaid act relating to counties and townships, and county and township officers, and shall perform all the duties, and be subject to the same responsibilities, as are therein provided for.

FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The thirteenth day of March, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

No. 102.

AN ACT

Relating to the Hanover and Carlisle turnpike road.

SECTION 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 the election for managers of the Hanover and Carlisle turnpike road,. shall be held annually on the second Tuesday of December, at the public house now occupied by William W. Hamersly, in Petersburg, Adams county, at which the bona fide stockholders, (including the To elect five holders of the stock formerly held by the commonwealth,) either in stockholders to be person or by proxy, duly appointed according to law, shall elect five managers. stockholders to be managers for one year, commencing on the first day of January next thereafter, and until others shall be elected in their place; also one stockholder to be treasurer of said company, and notice of such election to be published before the holding of the same, for three weeks in one newspaper in Gettysburg, one in Carlisle and one in New Bloomfield: Provided, however, That any stockholder resi- Proviso. ding within five miles of the place of holding said election, shall not

vote by proxy.

SECTION 2. The first meeting of the managers so elected, shall be First meeting of held on the first Monday in January, and they shall elect one of their managers. own number to be president and another to be secretary, and shall appoint all necessary gate-keepers, superintendents and other agents. În

case of vacancy in the board of managers, or in any office or appoint- Vacancy, how ment aforesaid, the board shall have power to fill the same, and also to supplied. remove any president, secretary, gate keeper or other agent.

Managers names.

SECTION 3. The act authorizing the commissioners of Adams and Repeal of a forCumberland counties to elect managers of said road, is hereby repealed; mer act. and after the passage of this act, William Moore, Thomas Paxton and George D. Foulke of Cumberland county, William W. Hamersly and Daniel Shaffer of Adams county, shall be managers of said road, and Samuel Given of Cumberland county, shall be treasurer of said turnpike road company, who, on being duly qualified, shall serve until the Term of service. second Tuesday of December, eighteen hundred and forty-five, and until successors shall be elected and qualified according to the provisions of the first section of this act, and existing laws in relation to the said company; and the managers and treasurer of said company appointed by this act, shall be qualified and commence the performance of their duties immediately after the passage of this act: Provided, That no Proviso. person shall vote at any future election held in pursuance of this act, who has not held the stock in right of which he claims to vote at least three months before such election, nor shall any stockholder be entitled

to more than five votes at such election: And provided further, That Second proviso. the election of such managers and treasurer shall not be opened before one o'clock, P. M., of the day of holding the same; and nominations for judges of such election shall not be made before twelve o'clock, M., of said day.

SECTION 4. The compensation of the president, secretary and mana- Compensatio: of gers aforesaid, shall not exceed one dollar and fifty cents per day each. president, &c.

lated.

The treasurer shall receive a compensation of fifty dollars per annum, and it shall be his duty to receive and pay over to such persons as the managers shall direct, all tolls collected by him: Provided, That such per diem allowance of the managers aforesaid shall not exceed fifty dollars per annum, nor shall any allowance for expenses or other purposes be allowed to them; the secretary, however, shall receive, in addition to the compensation aforesaid, the sum of thirty dollars per annum.

SECTION 5. No special license or permit shall be given by any presiTolls, how regu- dent, manager, treasurer, or gate keeper, to any person to travel on said road, or to pass its gates for less than the full amount of lawful toll; but the board of managers shall have power, by general regulation, to allow a reasonable per centage to be deducted from the aggregate amount of tolls of customers of said road, to be settled and allowed quarter yearly. SECTION 6. The board of managers may allot the superintendence of sections of said road to the several members of said board, who shall have power to give to the workmen employed in repairing the same, orders for sums due them upon the treasurer, which orders shall be signed by the president, and countersigned by the secretary of said company, and said manager being responsible for the correctness thereof; and if any manager, treasurer, or gate keeper, shall take, or in any way secure to himPenalty for tak- self, or to any person for his benefit, any discount, abatement, or profit, ing discount on in the payment of such order, he shall forfeit a sum equal to double the

Workmen, how paid.

orders.

Commissioners

ties.

amount of such order, to be sued for in the name of said company, before any magistrate or court having jurisdiction over actions of debt for like amounts, one-half to be paid to the treasurer of the company, and the other half to the prosecutor; and such discount, abatement, or profit, shall also be deducted from the amount of such order, or the settlement of the account of the manager, treasurer, or gate keeper, so offending.

SECTION 7. That Henry Fetter of Perry county, William R. Saddler of Adams county, and James M'Collough (of William) of Cumberland appointed to perform certain du- county, are hereby appointed commissioners to enquire and ascertain who were originally, and who are at the time they shall meet, owners of the capital stock in said company, and having ascertained the same as accurately as shall be in their power, they shall file a list of such stockholders with the treasurer of said company, and also a similar list in the offices of the clerk of quarter sessions of Adams and Cumberland counties, duly certified by them; which lists respectively shall be legal evidence of such ownership, subject however to the right of any other person to show to either of said courts of quarter sessions, on petition to such court, and on due proof, he, or she, or they are entitled to stock in said company; which being established to the satisfaction of said board, or of such court, such persons' names shall be added to such list, or shall be substituted in place of the names of such persons as may be so adjudged to be erroneously entered therein; and the said commissioners shall be entitled to receive one dollar and fifty cents each per day, from the said company, for every day they may be employed in carrying out the duties enjoined upon them by this act: Provided, That in no instance shall said per diem allowance exceed fifteen dollars to each of the said commissioners.

Proviso.

President, &c.,

not to be concern

SECTION 8. No president, manager, treasurer, or superintendent, shall be concerned, either directly or through any sub-contract, or other ed in making re-arrangement, or by the agency of any other person, in the making of pairs. any repairs on said road, and any contract or arrangement, or by the agency of any other person in the making of any repairs on said road, and any contract, or arrangement made for that purpose, shall be deemed wholly void; and any such president, manager, or treasurer, offending against the provisions of this section, shall forfeit and pay the sum