how recoverable. Clause 8. In all cases of complaint made or suit insti- Penalties and costs, tuted under the provisions of this act against any corporation, if the complainant shall fail to sustain his complaint or the plaintiff to sustain his suit, as the case may be, the corporation shall be entitled to recover costs, as in other cases, from the complainant or plaintiff, as the case may be, and in all cases where any corporation, which may have been chartered under and subject to the provisions of this act, shall be adjudged to pay any penalty or the costs of any proceedings authorized by this act, the party plaintiff or complainant shall have all the remedies for recovering of the same, with costs, against the said corporation that are provided for the recovery of debts or judgments of like amount in other cases; and if the said corporation shall fail to make payment when sequestrator in any case within twenty days after final adjudication, the may be appointed. court of common pleas of the proper county, on application of the plaintiff, or some other person in his behalf, shall direct sequestration, and appoint a sequestrator, who shall have like powers and be subject to all the regulations and requirements provided in the seventy-third and seventy-fourth sections of an act of the general assembly of this commonwealth, entitled "An Act relating to executions," passed June sixteenth, one thousand eight hundred and thirty-six: Promided, That where the judgment is final before the justice, or is not appealed from as provided in this act, the complainant, before proceeding to sequestration, shall file in the court of common pleas of the proper county a transcript of the proceedings and judgment before the justice, which transcript shall be entered of record in the said court as under existing laws for the filing and entering of transcripts of judgments in other cases, and from such filing and entering shall have the effect of a judgment originally entered in the said court. Clause 9. If any person or persons whosoever, owning, Penalty for deriding in or driving any sulky, chair, chaise, phaton, cart, frauding company. wagon, sleigh, sled, or other carriage of burden or pleasure, riding or leading any horse, or mule, or gelding, or driving any hogs, sheep or other cattle, shall therewith pass through any private gate or bars, or along or over any private passage way or other ground, near to or adjoining any gate erected, or which shall be erected in pursuance of this act, with an intent to defraud the company and avoid the payment of the toll or duty for passing through any such gate, or if any person or persons shall, with such intent, take off, or cause to be taken off, any horse, mare or gelding, or other cattle, from any sulky, chair, chaise, phaeton, cart, wagon, sleigh, sled, or other carriage of burden or pleasure, or practice any other fraudulent means or device with the intent that the payment of any such toll or duty may be evaded or lessened, all and every person or persons, in all and every or any of the ways or manners offending, shall, for every such offence, respectively forfeit and pay to the directors of such road, as the case may be, any sum not exceeding 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 Power to alter tolls reserved. What the charter and regulations as debts of a similar amount are by law sued for and recovered. Clause 10. That the legislature shall have power to alter the rate of toll fixed by this act, and the directors of any such company may lessen the same whenever they shall believe it necessary for the well-being of the corporations or the community at large. FERRIES AND BRIDGE COMPANIES. SECTION 31. The charter of a ferry or bridge company shall of ferry or bridge also state company to state. Not to exercise franchises within 3,000 feet of another bridge or ferry. How bridge compa I. The stream over which the same is proposed to be erected. II. The place and county or counties of its location. III. Its distance from any other bridge or ferry over the same stream, which shall have been before that date incorporated, under the laws of this commonwealth. No bridge or ferry company shall have the right to exercise its corporate franchises within three thousand feet of any other bridge or ferry in actual use, at the date of issuing letters patent to the new corporation, but nothing herein contained shall prevent the erection of bridges by municipalities as now provided by law. All bridge companies incorporated under this statute, when nies to be governed. not otherwise provided in this act, shall, from the date of the letters patent creating the same, be governed, managed and controlled as follows: Power of directors to contract for lands. Clause 1. That before the directors of any such corporation shall proceed to build any such bridge, it shall be lawful for them to contract with the owner or owners of any land for the purchase of so much thereof as shall be necessary, for the purpose of erecting and completing said bridge, and making all the necessary works and causeways to and from the same, if they can agree with the said owner or owners; but in case they cannot agree, proceedings shall be had, as cases of disagree- provided in section forty-one of this act. The said bridge shall be so constructed as not to interfere with the free navigation of said creek or river. Proceedings in ment. Navigation not to be interfered with. Power to erect gates and receive tolls. Rates. Clause 2. When the said corporation shall have erected and completed a bridge over any creek or river under the authority of this act, the property thereof shall be vested in the said corporation, and it shall have the power to erec gates, and to demand and receive tolls for crossing said bridge, at such rates as the president and directors thereof shall from time to time determine, not exceeding the rates following, namely: For every score of sheep or swine, eight cents; every score of horned or muley cattle, twenty-five cents; for every mule or horse driven or led, five cents; for every horse or mule, ladened or unladened, with rider, five cents; for every two-wheeled vehicle, and one horse, six cents; the same with two horses, ten cents; for every four-wheeled vehicle with two horses, fifteen cents; for either of the last named vehicles, with four horses, twenty cents; for every foot passenger, two cents; and they shall cause to be put up and kept in some conspicuous place, at the gates of said bridge, a list of the rates of toll. manding excessive pair. Clause 3. If the said corporation, or any person employed Penalty for defor it, shall collect or demand any greater rate or prices for tolls, or neglect to passing over said bridge than what is prescribed in the list keep bridge in reof tolls put up at the gate as aforesaid, or neglect to keep said bridge in repair, he or they shall forfeit for every such offence the sum of ten dollars, to be recovered as debts of a similar amount are recovered, one-half to be paid to the county, and the other half to the person who may sue for the same. kept. Clause 4. That said corporation shall keep a just account Accounts to be of all moneys received by their several collectors of tolls for crossing said bridge, and after deducting all contingent costs and charges, and such proportion of the income as may be Fund to be set sufficient for a fund to provide against the decay, the repair- apart for repairs, ing and re-building of the said bridge that time and accident may render necessary, they shall semi-annually declare and Dividends. make a dividend of the balance among the stockholders, first giving notice personally or by advertisement of the time and place when and where the same shall be paid, and shall cause the same to be paid accordingly in ten days thereafter, or as soon thereafter as the same shall be demanded. works. Clause 5. If any person or persons shall wilfully pull-down, Punishment for break or destroy, with intent to injure any part or parts of wilfully destroying the said bridges, or any toll-house, gates, bars or other property of the said corporation erected for the use of said bridges, or shall wilfully deform or destroy the letters or figures in any list of the rates of toll affixed in any place for the information of passengers, or shall wilfully or maliciously or obstructing pasobstruct or impede the passage in or over the said bridges, or any part or parts thereof, he or she, or they so offending shall each of them forfeit and pay for each and every such offence to the said corporation the sum of ten dollars, to be recovered as other debts of a like amount are recoverable; sage. and if any person shall be guilty of carrying any lighted segar Penalty for carryor pipe, or of carrying fire in any manner whatsoever over ing fire over bridge. said bridge, except in a lantern, or in some vessel secured, so that the probability of setting fire to said bridges shall be fully prevented, or shall discharge any pistol, or gun, or any or discharging firefire-arms on or near said bridges, he, she or they so offend- arms near thereto. ing shall forfeit and pay to the said company the sum of five dollars each, with all other damages sustained to said bridges for every such offence, to be recovered as aforesaid; or if tolls. any person or persons shall evade the payment of any toll or Penalty for evading duty for passing said bridges, or ride or drive his or their horse or horses on or over said bridge in a faster gait than a walk, he, she or they so offending shall forfeit and pay to the said corporation the sum of five dollars for every such offence, to be recovered in like manner as aforesaid; but no suit shall be brought for any of the aforesaid offences, unless commenced within thirty days after it shall be known who Limitation of aecommitted said offence, and he, she or they so offending shall tions for penalties. remain liable to action at the suit of said corporation for Privileges to cease cute work. such wrongs, if the sums herein mentioned be not sufficient to repair and satisfy said damage. Clause 6. If any company incorporated under this law for on neglect to prose- the purpose of erecting any bridge as aforesaid, shall not proceed to carry on said work within the space of two years from the date of its letters patent, and shall not, within the space of five years thereafter complete the same, the rights and privileges thereby granted to the said corporation, shall revert to the commonwealth. Powers of ferry companies. What the charter SECTION 32. Any ferry company incorporated as aforesaid, shall have the right and power to erect and maintain a ferry, either of steam power or otherwise, across any of the streams of waters of this commonwealth, subject to the right of prior occupants within three thousand feet of the point at which the proposed ferry is to be located, and may take and receive such tolls and freights for the passage of persons, vehicles, animals and freight as may be appointed by them, subject to the approval of the court of quarter sessions of the proper county, which court is required to examine the toll-sheet submitted by any such corporation and approve the same, or lessen or increase the same as seems just and proper. TELEGRAPH COMPANIES. SECTION 33. The charter for the incorporation of a comof a telegraph com- pany to maintain a telegraph line, shall, in addition to what is hereinbefore required, also state pany to state. Authority to con graph. I. The general route of the line of telegraph. Clause 1. Such corporation shall be authorized, when instruct lines of tele- corporated as herein before provided, to construct lines of telegraph along and upon any of the public roads, streets, lands or highways, or across any of the waters within the limits of this state, by the erection of the necessary fixtures, including posts, piers or abutments for sustaining the cords or wires of such lines, but the same shall not be so constructed as to incommode the public use of said roads, streets or highways, or injuriously interrupt the navigation of said waters; and this act shall not be so construed as to authorize the construction of a bridge across any of the waters of this ⚫ state. Proceedings in cases of failure to agree on damages. Right to connect with other lines. To receive and transmit dis patches. Clause 2. In all cases where the parties cannot agree upon the amount of damages claimed, or by reason of the absence or legal incapacity of the owner or owners no such agreement can be made, for the right to enter upon lands or premises for the purposes named in this section, the company shall tender a bond, or have the same filed in the manner provided in the forty-first section of this act, and proceedings shall be had as therein set forth. Clause 3. The said telegraphic corporation shall have the right to connect its lines of telegraph with any other line operating within this state; and it shall be the duty of any corporation or person owning any other telegraph line doing business within this state, to permit such connection, and to receive dispatches from and for other telegraph lines and corporations, and from and for any individual, and on pay ment of their usual charges to individuals for transmitting dispatches, as established by the rates and regulations of such telegraph line, to transmit the same with impartiality and good faith, under penalty of one hundred dollars Penalty for neglect. for every neglect or refusal so to do, to be sued for as debts of like amount are by law recoverable, and to be recovered with costs of suit in the name and for the benefit of the person or persons sending or desiring to send such dispatch. competing lines, &c. Clause 4. No such telegraph company shall be consolidated Companies owning with or merged in any other company owning a competing not to consolidate, line of telegraph, nor shall the stock or bonds of any such telegraph company, to an amount sufficient to control the same, be held or owned by any company owning a competing line of telegraph, nor shall any company owning a competing line acquire, by purchase or otherwise, any other competing line of telegraph. for delivery of dis Clause 5. That the charge by all telegraph companies or- No extra charges ganized under this act, and those accepting the provisions patches. thereof, for the transmission of any telegraphic dispatch, shall include the charge for the delivery thereof, and no extra or additional charge shall be made for such delivery. WATER AND GAS COMPANIES. SECTION 34. Companies incorporated under the provisions of this statute for the supply of water to the public, or for the manufacture and supply of gas, or the supply of light or heat to the public by any other means, shall, unless otherwise provided by this act, from the date of the letters patent creating the same, have the powers and be governed, managed and controlled as follows: Gas and water comnies to supply light ment of, ce panies, and compa or heat, govern Clause 1. Where any such company shall be incorporated powers of gas comas a gas company, or company for the supply of heat or panies, or companies to supply light light to the public, it shall have authority to supply with or heat. gas light, the borough, town, city or district where it may be located, and such persons, partnerships and corporations residing therein, or adjacent thereto, as may desire the same, at such price as may be agreed upon, and also to make, erect and maintain therein the necessary buildings, machinery and apparatus for manufacturing gas, heat or light from coal or other material, and distributing the same, with the right to enter upon any public street, lane, alley or highway, for the purpose of laying down pipes, altering, inspecting and repairing the same, doing as little damage to said streets, lanes, alleys and highways, and impairing the free use thereof as little as possible, and subject to such regulations as the councils of said borough, town, city or district may adopt in regard to grades, or for the protection and convenience of public travel over the same. Clause 2. Where such company shall be incorporated for Powers of water the supply of water, they shall have power to provide, erect companies. and maintain all works and machinery necessary or proper for raising and introducing into the town, borough, city or district where they may be located, a sufficient supply of pure water, and for that purpose may provide, erect and maintain all proper buildings, cisterns, reservoirs, pipes and conduits, |