Proviso. Penalty for evading tolls. Index boards. List of rates. Keep to the right. Commencement and completion limited. to increase the tolls hereinbefore allowed, according to such rate upon the same as will raise the dividend up to six per centum, as aforesaid : Provided always, That the said company shall not be allowed at any time to fix or receive such tolls as will exceed six per centum on the capital stock aforesaid. SECTION 8. That if any person or persons riding in, or driving any carriage of burden or pleasure, as aforesaid, or riding, leading or driving any horse or mule, as aforesaid, shall with intent to defraud the said company, or to evade the payment of any of the tolls or duties aforesaid, pass therewith through any private gate or bar, or along, or over any private passage way, or along, or over any other ground or land, near to or adjoining any turnpike or gate which shall be erected in pursuance of this act; or if any person or persons shall, with the intent aforesaid, take off or cause to be taken off, any horse or other beast of draught or burden, from any carriage of burden or pleasure, or shall practice any other fraudulent means or device, with the intent to evade or lessen the payment of any such toll or duty, all and every such person or persons offending in manner aforesaid, shall, for every such offence, respectively forfeit and pay to the president, managers and company aforesaid, ten dollars, to be sued for and recovered with costs of suit, before any justice of the peace, in like manner and subject to the same rules and regulations as debts of equal amount may be sued for and recovered. SECTION 9. That the said company shall cause posts to be erected at the intersection of every public road leading from the said turnpike road with boards and index hands pointing to the direction of such roads on both sides, on which boards shall be inscribed in legible characters the names of the most public places to which they may lead, and the proper distance thereto, and shall cause mile stones or posts to be erected on said road, properly marked with the respective distance thereon; and also, shall cause to be affixed at the places of collecting and receiving tolls. a printed list of such rates of toll which from time to time may lawfully be demanded, for the information of travellers and others, using the said road; and it shall be the duty of the said company to declare half yearly dividends, of the clear profits of said road among the stockholders; and it shall be the duty of the treasurer of said company to give notice of the time when, and place where, such dividend is to be paid, by at least three insertions in a newspaper printed at Lock Haven aforesaid. SECTION 10. That all wagoners, carters 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 his or their horses and carriage on the right hand side of the said road, in the passing direction, leaving the other side of the said road free and clear for other carriages to pass; and if any wagoner, carter or driver shall offend against this provision, he shall forfeit and pay any sum not exceeding ten dollars, to any person who shall, by reason thereof, be obstructed in his passage and will sue for the same, to be recovered with costs in manner aforesaid. SECTION 11. That if the aforesaid company shall not proceed to carry on the said work within two years after the passage of this act, or shall not within five years complete the said road according to the true intent and meaning of this act, then, in either of those cases, it shall and may be lawful for the legislature to resume all and singular the rights, OF THE SESSION OF 1844. liberties, privileges and franchises by this act granted to the said com pany. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-third day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 248. AN ACT To validate and confirm the acknowledgments of certain deeds taken and certified by John Becker, Esquire, a justice of the peace of York county. 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 several acknowledgments taken and certified in the month of March, one thousand eight hundred and thirty-nine, by John Becker, Esquire, late a justice of the peace in the township of Dover, and county of York, upon five deeds executed by Matthias Ness and wife, to Jacob N. Hildebrandt, Samuel Hartman, Peter Reeber, Frederick Obermiller, and upon another deed executed by Samuel Hartman to Matthias Ness, shall be held, and are hereby declared, to be as valid and binding, and as effectual in law, as if the said John Becker, Esquire, had been in the district for which he was commissioned, at the time the said acknowledgments were thus taken and certified. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-third day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. Tolls. No. 249. A SUPPLEMENT To an act to incorporate the Mount Carbon railroad company. 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 president and directors of the Mount Carbon railroad company, be and they are hereby authorized to expend their tolls and profits heretofore received, or hereafter to be received, in re-laying their railroad with iron rails, and making such other improvement thereof as they may deem expedient; and the amount of all tolls and profits so expended, shall be deemed and taken to be so much capital paid in by the existing stockholders, and they shall be entitled to receive certificates of stock for the same amount, at par; the same to be divided among them, pro rata, in proportion to the number of shares previously held by each: Provided, That the additional stock to be thus created shall not exceed, at par, the sum of one hundred thousand dollars: And provided, That until the completion of the road, the said company shall not charge a higher rate of toll than is fixed in their act of incorporation, to be charged on completion of said road: And provided further, That this act shall not take effect unless the provisions of the same shall be accepted by the said company, at an annual or special meeting of the stockholders thereof, to be duly held as provided for by the charter and by-laws. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-fourth day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. No. 250. AN ACT Relating to the Logansville school district in Greene township, Clinton county, and for other purposes. 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 hereafter the qualified electors of the Logansville school district, in Greene township, Clinton county, shall meet on the first Monday of June, one thousand eight hundred and forty-four, at the house of George A. Auchenbaugh, in said district, between the hours of twelve and six o'clock, P. M., for the purpose of electing six school directors, and of Election of dideciding, by ballot, upon the question of adopting the common school rectors. system; the said election to be conducted by G. A. Auchenbaugh, Adam Heller and David Gerhart, who are hereby required to give public notice, by at least six handbills, to be put up in the most public places in said district, for twenty days previous to said election; the said election to be conducted in all other respects agreeably to the provisions of an act, entitled "An Act to consolidate and amend the several acts relative to a general system of education by common schools," passed the thirteenth of June, one thousand eight hundred and thirtysix. tion of directors. SECTION 2. That every township or borough in the county of Phila- Philadelphia delphia, which forms a school section, or part of a section, and elects county school its school directors by the people, the directors elected in the township sections, elecor borough shall, from and after the passage of this act, have the supervision of all the schools in the township or borough, and the appointment or removal of all teachers within the township or borough: Provided, That no teacher shall be appointed to any school unless he or she be found qualified, in a public examination, ordered by the said directors, and shall be chosen by a majority of the directors of the township or borough in which the school is located. SECTION 3. That the fourth section of an act passed 18th of March, Supervisors in 1842, entitled An Act to authorize the citizens of Little Beaver town- Beaver county, ship, in the county of Beaver, to elect two additional supervisors of the highways, and for other purposes," shall not apply to school directors elected by the people in the county of Philadelphia. SECTION 4. That the directors of the public schools of the different Controllers of sections of the city and county of Philadelphia, elected in the year schools in Phila1844, and those who shall be elected annually hereafter, shall, together delphia. with the directors whose term of office has not expired, meet together on the first Monday of June, to elect controllers of public schools for the ensuing school year. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-fourth day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. No. 251. AN ACT For the relief of Jacob B. Garber. 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 canal commissioners be and they are hereby authorized and required to examine the claim of Jacob B. Garber, for compensation for constructing fences on his land along the railroad, lately constructed by the commonwealth, to avoid the inclined plane at Columbia; and if they shall be satisfied, after proper examination, that the construction of said fences was not taken into consideration by the board of appraisers in making the award of damages already allowed said Garber, they shall allow him such compensation as shall appear to them just and reasonable, and draw their warrant upon the state treasurer, who is hereby authorized to pay the same out of any money in the treasury not otherwise appropriated. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-fourth day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 252. AN ACT Changing the boundary lines of the borough of Martinsburg, in the county of Bedford. 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 boundaries of the borough of Martinsburg, in Bedford county, be reduced as follows, to wit: Beginning at a post on land of Michael Shriver, &c.; thence south 26 degrees west 159 perches; thence north 62 degrees west 73 perches; thence north 31 degrees east 160 perches ; thence south 63 degrees east 58 perches, to the place of beginning. |