ten cents; for every score of sheep, six and a-quarter cents; for every ever, to have the power to increase the toll to be demanded for any car- Additional tolls. riage of burden crossing the said bridge, laden with more than three 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 in no case shall it be lawful for the owner or driver of any horses or cattle to lead or drive more than twenty-five head on the said bridge at the same time: Provided, also, That no toll shall be demanded from any person attending funerals, churches, or schools, or going to or returning from any militia training: And provided, further, That if any person or persons shall wilfully ride, drive, Proviso. or lead any horse or other animal, faster than a walk, when crossing the said bridge, he, she, or they, so offending, shall, for every such offence, forfeit and pay the sum of five dollars, to be recovered for the use, of the company, as fines of like amount are by law recoverable. SECTION 12. That if the said company or their successors, or any Penalty for taking person or persons, by their authority, shall collect or demand any greater too great toll. toll for passing over said bridge, than what are herein 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 six days notice given by or from any justice of the peace of said county, they so offending shall, for every such offence, forfeit and pay the sun of thirty dollars, to be recovered as debts of the same amount are by law recoverable, one moiety thereof to go for the use of the poor of the county, the other moiety for the use of the person who shall sue for the same; but no suit shall be brought unless commenced within thirty days after the offence shall have been committed. eys. SECTION 13. That the said president and managers shall keep a cor- Account of monrect and true account of all the moneys received as toll for crossing said bridge, or otherwise, and shall make and declare a dividend of the profits and income, after deducting costs, charges and expenses, and shall, on the fourth Monday of December and June, of every year, publish the dividend to be made of the clear profits thereof among the stockholders, and the time and place, when and where the same shall be paid, and shall cause it to be paid accordingly: Provided, That it Proviso. shall be lawful for the said president and managers, in making and declaring any dividend, to reserve such sum or proportion of the clear semi-annual income, not exceeding one per cent. on the capital stock, as they may think proper, to form a contingent fund for the purpose of repairing and rebuilding the 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 interest arising from the same again to invest, and the same stock to sell or transfer at any time, when the funds may be required for the purposes aforesaid. SECTION 14. That it shall be lawful for the president and managers Oath. aforesaid, to cause the toll collector or toll collectors and watchman, or watchmen of said bridge, to take and subscribe an oath or affirmation before a justice of the peace of said county, that he or they will faithfully conduct 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 attend to the discharge of his, or their duty, by watching with vigilance, over the interests of the company, and Penalty for in- 1 Commissioners of 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. SECTION 15. That if any person shall wilfully pull down, break, injure, or destroy any part or parts of said bridge, or of any toll house, gates, bars, or other property of said corporation, appurtenant to, or erected for the use and convenience of said bridge, or of the persons employed in 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 information of travellers, and others, or who shall wilfully or maliciously obstruct or impede the passage on, or over the said bridge, or any part or parts thereof, he, she or they, so offending, shall each of them forfeit and pay for every such offence, to said corporation, the sum of twenty 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 a lighted segar or pipe, or of carrying fire in any manner over said bridge, except in a lantern, or in some vessel secured so that the possibility of its setting fire to the bridge shall be fully prevented, or who shall fire any squib, cracker, rocket, or other fire works, or who shall discharge any gun, pistol, or other fire arms on or near said bridge, so that the said bridge might, by possibility, be fired or injured thereby, he or they so offending shall forfeit and pay to 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 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 said corporation for such wrongs, if the sum or sums herein mentioned be not sufficient to repair and satisfy said damages. SECTION 16. That the county commissioners of the county of Berks, Berks county to are hereby authorized and empowered to subscribe to the capital stock Subscribe to stock. of said company, such number of shares as they may deem right and proper, in which event the commissioners of said county shall have the right to vote at the elections of said company, under the same provisions as private individuals. Commencement and completion limited. Proviso. SECTION 17. That if the said company shall not proceed to carry on the said work within three years after they shall have been incorporated, or shall not within the space of five 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 privilege s hereby granted to the said company: Provided, That the said company shall not enjoy any banking privileges, and shall not issue any bills or notes in the form of a currency. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The sixteenth day of March, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 88. AN ACT Relative to public roads in Westmoreland and Beaver counties. SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the act of assembly approved the sixth day of April, 1843, to change Westmoreland the manner of assessing damages sustained by owners of lands, in the and Beaver counopening of public roads, in the counties of Washington, Mercer and ties. Fayette, be and the same is hereby extended to the counties of West moreland and Beaver. SECTION 2. That the court of quarter sessions of the peace, in ap- Road views and pointing viewers to view and locate a road, shall name one of the view- viewers. ers so appointed, whose duty it shall be to give the notice which is JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED The eighteenth day of March, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 89. AN ACT To appropriate certain unseated land taxes, in the county of Bradford. of Bradford coun ty. 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 from and after the passage of this act, it shall be the duty of the trea- Duty of treasurer surer of the county of Bradford, to keep a separate and distinct account of all the moneys assessed and collected for road purposes, upon the unseated tracts owned and known as the estate of the heirs of Isaac Barclay, situated, lying and being in the townships of Franklin and Leroy, in the county of Bradford, and pay over annually, or as he shall receive the same, to the respective supervisors of the said townships of Franklin and Leroy, whose duty it shall be to proceed and lay out said Duties of supervisors. Parts of former law repealed. moneys for the opening and improving of any roads that are or may hereafter be laid out upon said tracts; and to secure the faithful performance of the duties herein imposed, the said supervisors shall execute and deliver to the county treasurer their bonds with sureties, in any sum which shall be considered sufficient by the said treasurer, conditioned for the faithful expenditure of such moneys, for the above specified purpose; and it shall or may be the duty of any person, feeling themselves aggrieved by the misappropriation of such moneys, or negligence of said supervisors to perform such duties, to institute suit upon the said bond or bonds; and upon recovery of the penalty of the said bond or bonds, shall be considered the measure of damages, and be recovered as debts of like amount are by law recoverable; which sum, after deducting the expense of prosecution, including one dollar per day for the time of the complainant or prosecutor, shall be applied to the opening and improving of said roads. SECTION 2. That it shall be the duty of the said supervisors of the townships of Franklin and Leroy, upon receiving the money as aforesaid, to go on to the roads upon said tracts of land, and allot to the lowest and best bidder, such amount of work as they have funds to perform, after deducting one dollar per day for their services; and the said supervisors shall give at least ten days public notice of the time and place of such allotment of work, by written or printed advertisements, in the most public places in said townships and vicinity. SECTION 3. That the ninth section of an act, entitled An Act authorizing the laying out of a state road from Beaver county, to the east end of the Mahoning bridge, opposite the town of Edenburg, in Mercer county, and for other purposes,' passed the sixth day of May, one thousand eight hundred and forty-one, be and the same is hereby repealed, so far as it relates to Franklin township, Bradford county. APPROVED-The eighteenth day of March, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 90. AN ACT Relating to public schools in the borough of Kutztown, in the county of Berks. 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 school directors of the borough of Kutztown, in the county of Berks, shall not hereafter authorize to be levied, on property, and other things now made taxable by the laws of this commonwealth, for com mon school purposes, a sum less than equal to no more than double the amount which the said district is entitled to receive out of the annual state appropriation, without the consent of the taxable inhabitants of the said district, first obtained in town meeting; which shall be convened and conducted under the provisions of the sixth section of the act of the thirteenth June, one thousand eight hundred and thirtysix, entitled "An Act to consolidate and amend the several acts relative to a general system of education by common schools." SECTION 2. In addition to the tax provided for in the foregoing sec- Additional tax. tion, the said directors are hereby authorized to assess upon each scholar that shall attend any of the public schools in the said district, any sum not exceeding fifty cents per quarter, at the discretion of said directors, to be paid by the parent, guardian, master, or other person having charge of such scholar, in proportion to their ability to pay, in such manner as is hereinafter provided. SECTION 3. It shall be lawful for the said directors to demand and Collection of tax, receive, from any parent, guardian, master, or other person having charge of any children in said district, that they wish to send to any of said schools, the amount of tax assessed upon each scholar, at the commencement of each quarter; and if any parent, guardian, master, or other person having charge of any such children, shall neglect or refuse to pay said tax, on or before the expiration of the quarter, the president of the board of directors shall issue his warrant to the district collector, authorizing him to collect the same; and the said collector shall have like powers to enforce the payment of the said tax, as is given him by the seventh section of the said act of the thirteenth June, one thousand eight hundred and thirty-six, mentioned in the first section of this act, to collect the tax assessed upon property for school purposes, and shall receive the like compensation for his services. SECTION 4. The said directors shall have full power to exonerate any parent, guardian, master, or other person having charge of any children, from the payment of said tax, if they shall be satisfied of their inability to pay the sum; but in no case shall their children be excluded from said schools, but be admitted free of charge. SECTION 5. The said directors may allow to the treasurer of the said district, a compensation for his services: Provided, That the said compensation shall not exceed the sum of ten dollars per annum. Exoneration. Treasurer's pay. SECTION 6. All laws relative to the common school system, which Repeal. are inconsistent with the provisions of this act, are hereby repealed, so far as they relate to the borough of Kutztown, in the county of Berks. APPROVED-The eighteenth day of March, one thousand eight hun 'dred and forty-four. DAVID R. PORTER. |