lands. attorney, on the books of the said company only, subject to the sum due, or to become due, on the share or shares so transferred. SECTION 7. It shall and may be lawful for the said president and managers, their superintendents, surveyors, engineers, artists and chain May enter upon bearers, to enter in and upon all and every the lands, tenements and enclosures, in, through and over, which the said intended turnpike road may be thought proper to pass; and for that purpose, to examine the ground and quarries of stone and gravel, and other materials that may be necessary in making and constructing the said road, and to survey, lay down, ascertain, mark and fix such route for said road; as in the best of their judgment and skill combine shortness of distance, with the most eligible ground, beginning at the Huntingdon, Cambria and Indiana turnpike, at Water Street; thence the nearest and best route to a point on the Northumberland road, at or near the division line, between Huntingdon and Centre counties. Location. ties of board. SECTION 8. The said president and managers, five of whom shall, Powers and du- for all purposes, be a quorum, shall keep minutes of all their proceedings fairly entered in a book to be kept for that purpose, and shall have full powers and authority to appoint, agree or contract, with such engineer, superintendents, artists, laborers and other persons, as they may think necessary to make and construct said road, and collect the tolls hereinafter authorized; and to fix their compensation; to ascertain the times, manner and proportions in which the stockholders shall pay the amount of their respective shares, in order to carry on their work; to draw orders on the treasurer for all debts contracted by them, which orders shall be signed by the president, or in his absence, by a quorum of the managers, and attested by their secretary; and to do and transact all other acts, matters and things, as by the by-laws, orders and regulations of the said company, shall be entrusted to them. stalments. Penalty for neglect of payment. SECTION 9. If any stockholder, whether original subscriber or asPayment of in- signee, after thirty days' notice, in two newspapers printed in Huntingdon county, of the time and place appointed for the payment of any instalment, or proportion of the capital stock, shall neglect to pay such proportion at the place appointed, for the space of sixty days after the time appointed for the payment thereof, every such stockholder shall, in addition to the instalment so called for, pay at the rate of two per cent. per month, for every delay of such payment; and if the same and such additional penalty, shall become equal to the sums before paid in part, on account of such share, the same may be forfeited by and to the said company, and may be sold by them for such price as may be obtained therefor; or in default of payment of any stockholder of such instalments as aforesaid, for the space of sixty days, as aforesaid, the president and managers may, at their election, cause suit to be brought, in the same manner as debts of like amount are now recoverable, for the recovery of the same, together with the penalty aforesaid. Enter upon lands by making amends for dam ages. SECTION 10. It may be lawful for the said president and managers, by and with their superintendents, engineers, artists, workmen and laborers, their tools and instruments, carts, wagons, and other carriages, and beasts of draught or burden, to enter in and upon the lands contiguous and near to which the said road shall be made or constructed, first giving notice of their intentions to the occupiers thereof, and doing as little damage thereto as possible, and making amends for damages, upon a reasonable and equitable agreement by the parties; or if they cannot agree thereupon a just and equitable assessment, to be made upon oath or affirmation, by three disinterested freeholders, or any two of them, to be mutually chosen or if either party, upon due notice, shall neglect or refuse to join in the choice, then to be chosen by a jus tice of the peace for the county wherein the said land lies, who shall not be interested therein; and upon the tender of the assessed value, to dig and carry away, any timber, stone, sand, earth, or other materials, necessary or suitable for making said road. SECTION 11. The said president and managers shall keep fair and Accounts. just accounts, as well of all moneys received by them as of those paid out, and expended in the prosecution of the work, and shall, at least once in every year, submit their books and accounts to a general meeting of the stockholders; and whenever it shall be ascertained that the capital stock of the said company is not sufficient to complete the said road, according to the true intent and meaning of this act, it shall and may be lawful for the president and managers, at a stated or special meeting convened, according to the provisions of this act, or their own by-laws, to increase the number of shares to such an extent as they Increase capital shall deem sufficient to accomplish the work; and to demand and stock. receive the moneys subscribed for such additional shares in like manner, and under like penalties, as are provided by this act in case of the origi nal subscription. SECTION 12. The said president and managers shall have power to Power to erect erect good and sufficient bridges over all the streams of water crossed bridges. by said route, whenever the same shall be found necessary; and shall cause a road to be laid out not exceeding fifty feet in width, and shall cause at least fourteen feet of said width to be made an artificial road of wood, stone, gravel or other proper and convenient materials, such as the nature of the ground may require, and will afford to be constructed in such manner as will admit an even surface; and in no place in the road shall there be an elevation of more than five degrees from a horizontal line; and shall, forever thereafter, maintain and keep the same in good order and repair: Provided, That it shall and may be lawful for the Proviso. president and managers, whenever they may deem it necessary, to cut, deaden and prostrate the timber on each or either side of the said road, within a distance not exceeding one hundred feet from the centre of the said road, they making just and equitable compensation to the owners at the time of so doing. SECTION 13. Whenever and as soon as the said company shall have finished five continuous miles or more of road, the president thereof may give notice to the governor, who shall, thereupon, forthwith appoint three skillful, judicious and disinterested persons to view and examine Governor to apthe same, report on oath or affirmation to him, whether the said road is point viewers. so far executed in a competent and workmanlike manner, according to the true intent and meaning of this act; and if their report shall be in the affirmative, then the governor shall, by his license under his hand License to take and the seal of the state, permit and suffer said company to erect and toll. fix such and so many toll gates upon and across the said road, as will be necessary and sufficient to collect from all persons, otherwise than on foot, the same tolls which are hereinafter mentioned and authorized : Provided, That all persons attending funerals, military parades and Proviso. trainings, or divine worship, shall at all times be exempted from payment of any toll on said road. SECTION 14. The said company having perfected the said road, or such part thereof from time to time as aforesaid, and being examined, approved and licensed as aforesaid, it shall and may be lawful for them to appoint such and so many toll gatherers as they shall think proper, to Toll gatherers. collect and receive of and from all and every person or persons using the said road, the tolls and rates hereinafter mentioned; and stop any Toll. person riding or leading any horse, or driving any cattle, hogs or sheep, or driving any coach, coachee, sulkey, chair, chaise, phaeton, cart, wagon, wain, sleigh, sled or other carriages of burden or pleasure, from passing through the said turnpike or gates, until they shall have respectively paid the same, that is to say: for every five miles in length of the said road, completed and licensed as aforesaid, the following sum of money, and so in proportion for any lesser or greater distance actually traveled, or for any greater or less number of sheep, hogs or cattle, to wit for every score of hogs, six cents; for every score of sheep, six cents; for every score of cattle, twelve and one-half cents; for every horse and his rider, or led horse, three cents; for every sulkey, chair or chaise, with one horse and two wheels, six cents, and with two horses, nine cents; for every chariot, coach, phaeton or chaise with four wheels and two horses, twelve and one-half cents; for either of the carriages last mentioned with four horses, twenty cents; for every other carriage of pleasure, under whatsoever name it may go, the like sums according to the number of wheels and horses drawing the same; for every sled, two cents for each horse drawing the same; for every cart or wagon, the wheels of which do not exceed the breadth of four inches, six cents for each horse drawing the same; for every cart or wagon, the wheels of which shall exceed in breadth four inches, and not exceeding seven inches, three cents for each horse drawing the same; for every cart or wagon, the breadth of the wheels of which shall be more than seven inches, and not more than ten inches, or being of the breadth of seven inches, shall roll more than ten inches, two cents for each horse drawing the same; for every cart or wagon, the breadth of the wheels of which shall be more than ten inches, and not exceeding twelve inches. or being ten inches shall roll more than fifteen inches, one cent for every horse drawing the same; for every cart or wagon, the breadth of the wheels of which shall be more than twelve inches, one cent for each horse drawing the same; and all carriages aforesaid, which shall be drawn by oxen in the whole, or partly by oxen and partly by horses, two oxen shall be estimated as equal to one horse in charging all the aforesaid tolls, and every mule as equal to one horse; and if any person or persons shall represent to the said company, or any of the officers, Penalty for viola- that he, she or they have traveled a less distance than he, she or they tion of rates of have actually traveled along the said road, with intent to defraud the toll. said company of their toll, or any part thereof, each person or persons shall, for every such offence, forfeit and pay to the use of said company any sum not exceeding five dollars; and if any toll gatherer shall demand and receive greater or other toll, from any person or persons, than such toll gatherer is authorized to demand and receive by virtue of this act, such toll gatherer shall forfeit and pay the sum of twenty dollars for every such offence, to the supervisors of the township in which the forfeiture is incurred, for the repair of the roads in the said township: Provided always, That it shall and may be lawful for the said company, by their laws, to regulate the burthen on carriages to be drawn along the said road, in such manner as shall be found from experience to be most conducive to the public convenience, and the advantage of the company. Proviso. of tolls, &c. SECTION 15. For collecting and receiving tolls, for every attempt to Penalty for evad- evade the payment thereof, for every neglect to keep the said road in ing the payment good repair, for the increase, diminution and application of the tolls, the erection of index posts, and for the injuring and defacing of the same; for the regulation of the traveling on the said road, and for the limitation of actions, and for the recovery and application of fines and penalties for offences against this act, the said company shall have all the powers, authorities and privileges, and be subject to all the penalties which are given and granted by the act, entitled "A supplement to an act, entitled An Act authorizing the governor to incorporate a company for making an artificial road from the bank of the river Susquehanna, opposite the borough of Harrisburg, to Pittsburg."" SECTION 16. That the supervisors of the public highways in the townships through which the said turnpike road may pass, be and they Supervisors may are hereby authorized to subscribe for, and in the name and behalf, and subscribe for for the use of the inhabitants of such townships, any number of shares stock. not exceeding three thousand six hundred in the capital stock of the said turnpike road: Provided always, That the said supervisors in subscribing as aforesaid, shall be entitled to all the rights and privileges granted by this act to other stockholders in the said company. FINDLEY PATTERSON, Speaker of the Senate. APPROVED-The thirteenth day of April, one thousand eight hundred and forty-six. FRS. R. SHUNK. No. 404. SUPPLEMENT To an act, entitled "An Act to authorize the governor to incorporate the Spruce 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 nothing contained in the act to which this is a supplement, shall be so construed as to authorize the Spruce Creek and Waterford turnpike road company, to take any private property for the use of the said road, until the said company shall have made compensation to the owners of the property, or given adequate security for the same. FINDLEY PATTERSON, DANIEL L. SHERWOOD, APPROVED-The thirteenth day of April, one thousand eight hundred and forty-six. FRS. R. SHUNK. No. 405. AN ACT To annul the marriage contract between George Swartz, and Sarah Swartz, his wife. 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 marriage contract heretofore entered into between George Swartz, and Sarah, his wife, be and the same is hereby declared null and void, and the parties discharged from all the obligations and liabilities growing out of the same, as fully and absolutely as if they had never been joined in inarriage. FINDLEY PATTERSON, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The thirteenth day of April, one thousand eight hundred and forty-six. FRS. R. SHUNK. No. 406. AN ACT To incorporate the Mutual fire insurance company of Loudon, Franklin county. 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 Jonathan Wright, John Beaver, James Campbell, Jackson Beaver, William M'Grath, Thompson M'Allister, Stephen C. Brown, Joseph Van Lear, George Cook, John A. Jones, Peter Stenger. Esquire, and all other persons who may hereafter be associated with them in the manner hereinafter prescribed, and their successors, shall be and they are hereby constituted and declared to be a body politic and corporate, by the name, style and title of the "Mutual fire insurance company of Loudon, Franklin county ;" and by the same name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, in all courts of record or elsewhere, and to purchase, receive, have, hold and enjoy, to them and their successors, lands, tenements, rents, annuities, franchises and hereditaments, goods and chattels of what kind soever, and choses in action, and the same to sell and dis |