JU V f*. fc r U 1i u-■■} r ACT OF INCORPORATION ft v< ~v «It - V *•* *- • Of1 THE FRANKFORD & BRISTOL TURNPIKE COMPANY, AND THE SUPPLEMENTS THERETO. ALSO, LAWS RELATING TO OR AFFECTING THE SAID COMPANY. PHILADELPHIA: CRISSY AND MARKLEY, PRINTERS, NO. 4 MINOR STREET. 1848. library BUREAU OP RAILWAY ECO -A WASHINGTON. D. C. ACT OF INCORPORATION OP THE FRANKFORD & BRISTOL TURNPIKE COMPANY, AND THE SUPPLEMENTS THERETO. ALSO, LAWS RELATING TO OR AFFECTING THE SAID COMPANY. — —~~ws**:o:o::o::o:o:i PHILADELPHIA: CRISSY AND MARKLEY, PRINTERS, NO. 4 MINOR STREET. 1848. TABLE OF CONTENTS. Act of March 24, 1803, 3 " March 7, 1805, .15 " March 17, 1806, 18 " February 15, 1808, . . . . 19 " April 3, 1809, . . . . . .20 " March 20, 1810, . . . . . . 21 " March 24, 1812, 23 " January 11, 1816, 24 " February 19, 1828, ^ . .. . . .25 " April 6, 1830, . . . . . 26 " April 6, 1833, . 27 GENERAL LAWS. Act of April 4, 1807, 29 " March 19, 1828, 30 " March 16, 1833, . . . . . 31 " March 21, 1833, . . . . . , 32 " April 14, 1835, ...... 33 " March 6,1847, 34 attt act To enable the Governor of this Commonwealth to incorporate a Company for making an artificial Road, from the intersection of Front street and the Germantown Road, in the Northern Liberties, of the City of Philadelphia, through Frankford and Bristol, to the Ferry at Morrisville, on the river Delaware. Section 1. Be it enacted by the Senate and House of Re- ^ t of presentatives of the Commonwealth of Pennsylvania in General March 24, Assembly met, and it is hereby enacted by the authority of the 1803. same, That Joseph Clunn, John M'Elroy, Derrich Peterson, Isaac Commis- Worrell, Nathan Harper, James C# Fisher, Richard Gernon, be, sioners. and they are hereby appointed Commissioners to do and perform the several duties hereinafter mentioned; that is to say, they shall, on or before the first day of May next, procure two books, and in each of them enter as follows ; "We, whose names are hereto sub- Subscrip- scribed, do promise to pay to the President, Managers and Com-tion- pany of the Frankford and Bristol Turnpike-Road Company, the sum of one hundred dollars for every share of stock in the said Company, set opposite to our respective names, in such manner and proportions as shall be determined by the said President and Managers, in pursuance of an Act of the General Assembly of this Commonwealth, entitled, " An Act to enable the Governor of this Commonwealth to incorporate a company for making an artificial road from the intersection of Front street and the Germantown road, in the Northern Liberties, of the city of Philadelphia, through Frankford and Bristol to the ferry at Morrisville in the county of Bucks. Witness our hands, the day of in the year of our Lord one thousand eight hundred and and shall give notice, in three of the public newspapers in the city of Philadelphia, (one whereof shall be in the German language) for one calendar month at least of the times when, and places where, the said books will be open to receive subscriptions of stock for the said Company, at which times and places, three of the said Com¬ missioners shall attend, and shall permit and suffer all persons who 1 4 Patent of incorpora¬ tion to be issued. Corporate title of Company. Privileges and powers of the Cor¬ poration. shall offer to subscribe in the said books, which shall be kept open for the purpose at least four hours in every juridical day, for the space of three days, if three days shall be necessary ; and if, at the expiration of the said three first'days, the said books shall not have five hundred shares therein subscribed, the said Commissioners may adjourn, from time to time, until the said number of shares shall be subscribed, of which adjournment, public notice shall be given in at least two public papers; and when the said subscrip¬ tions, in the said books, shall amount to the number aforesaid, the same shall be closed : Provided always, That every person offer¬ ing to subscribe in the said books in his own name, or in the name of any other person, shall previously pay to the attending Commis¬ sioners fifteen dollars for every share to be subscribed, out of which shall be defrayed the expense attending the taking such subscrip¬ tions and other incidental charges, and the remainder shall be paid over to the Bank of Pennsylvania, for the use of the Company in¬ tended to be incorporated by this Act, as soon as the same shall be organized and the officers chosen as hereinafter mentioned. Sect. 2. And be it farther enacted, by the authority aforesaid, That when forty persons or more shall have subscribed two hun¬ dred and fifty shares, or more, of the said stock, the said Commis¬ sioners may, or when the whole number of shares aforesaid shall be subscribed, they shall certify under their hands and seals the names of the subscribers and number of shares subscribed by each, to the Governor of this Commonwealth, and thereupon it shall and may be lawful for the Governor, by letters patent, under his hand and seal of the State, to create and erect the subscribers; and if the said subscription be not full at the time, then also those who shall after subscribe to the number aforesaid, into one body politic and corporate in deed and in law, by the name, style, and title of " The President, Managers and Company of the Frankford and Bristol Turnpike Road;" and by the said name, the said sub¬ scribers shall have perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of taking and holding their said capital stock and the increase and profits thereof, and of enlarging the same, from time to time, by new sub¬ scriptions, in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent of this Act, and of purchasing, taking and holding, to them and their suc¬ cessors and assigns, in fee simple, and for any lesser estate, all such lands, tenements, hereditaments and estate, real and personal, as shall be necessary to them in the prosecution of their works, and of suing and of being sued, and of doing all and every other matter and thing which a corporation or body politic may law¬ fully do. Sect. 3. And be it further enacted, by the authority aforesaid, That the Commissioners herein before named shall, as soon as con¬ veniently may be, give thirty days notice, in three public news¬ papers in Philadelphia, one whereof shall be in the German lan¬ guage, of the time and place by them appointed for the said sub- 5 scribers to meet, in order to organize the said corporation and to choose, by a majority of votes of the said subscribers, by ballots to be delivered in person or by proxy duly authorized, one President, ^PP01"4" twelve Managers, one Treasurer, and such other officers as shall 0fficers. be deemed necessary to conduct the business of the said Company; until the second Monday in January next, and until like officers shall be chosen, and may make such by-laws, rules, orders and regula¬ tions as do not contravene the Constitution and Laws of this Com¬ monwealth, and may be necessary for the well governing the affairs of the said Company : Provided always, That no person shall have Method of more than five votes at any election, or in determining any ques- votlnS- tion arising at such meeting, whatever number of shares he may be entitled to; and that each person shall be entitled to one vote for every share by him held under the said number. Sect. 4. And be it further enacted, by the authority aforesaid, That the said Company shall meet on the second Monday of Stated time November in every year, at such place as shall be fixed by their °[gtettj!ng by-laws, for the purpose of choosing such other officers, as afore- holders an- said, for the ensuing year, in manner aforesaid, and at such other nually. times as they shall be summoned by the Managers, in such manner and form as shall be prescribed by their by-laws, at which annual or special meetings they shall have full power and authority to make, alter or repeal, by a majority of votes in manner aforesaid, all such by-laws, rules, orders and regulations, made as aforesaid, and to do and perform any other corporate act. Sect. 5. And be it further enacted, by the authority aforesaid, That the President and Managers first chosen, as aforesaid, shall Script cer- procure certificates for all the shares of the stock of the said Com- tificatesjo pany, and shall deliver one such certificate, signed by the Presi- trea5ra- dent, and countersigned by the Treasurer, and sealed with the com- bleat the mon seal of the said Corporation, to each person, for every share pleasure of by him subscribed and held, he paying fifteen dollars for each the iloltlers' share; which certificate shall be transferable at his pleasure, in person or by attorney, duly authorized, in the presence of the Pre¬ sident or Treasurer, subject, however, to all payments due and to grow due thereon ; and the assignee, holding any certificate, having first caused the assignment to be entered in a book of the Company, to be kept for the purpose, shall be a member of the Corporation; and for every certificate assigned to him, as aforesaid, shall be en¬ titled to one share of the capital stock, and of all the estate and emolument of the Company, and to vote as aforesaid at the meet¬ ings thereof. Sect. 6. And be it further enacted, by the authority aforesaid, That the said President and Managers shall meet, at such times and President, places as shall be ordained by their by-laws, and when met, seven and Mana- members shall form a quorum, and who, in the absence of the Pre- ^^to. sident, may choose a chairman, and shall keep minutes of all their [^^ap- transactions fairly entered in a book, and a quorum being formed, they point Sur- shall have full power and authority to appoint all such surveyors, veyors,&c. engineers, superintendents and other artists and officers, as they 6 shall deem necessary to carry on their intended works, and to fix ^emanner their s£daries and wages, to ascertain the time when, and manner and times and proportion in which the stockholders shall pay the moneys due of payment on their respective shares, to draw orders on the Bank of Pennsyl- «hares vania for all moneys necessary to pay the salaries or wages of per- Paymentofsons by them employed, and for the materials provided; which salaries and orders shall be signed by the President, or in his absence, by a wages. majority of a quorum, and countersigned by their clerk ; and gene¬ rally to do all such other acts, matters and things as by this act, and by the by-laws, rules, orders and regulations of the Company they shall be authorized to do. Sect. 7. And be it further enacted, by the authority aforesaid, Penalties That if any stockholder, after thirty days notice in three of the pub- when pay- He newspapers, printed in the City of Philadelphia, of the time and meats ot p[ace appointed for the payment of any proportion or dividend of snares are * j j i i neglected. the said capital stock, in order to carry on the work, shall neglect to pay such proportion or dividend at the place appointed, for the space of thirty days after the time so appointed, every such stock¬ holder or his assignee shall, in addition to the dividend so called for, pay after the rate of five per cent, per month for every month's delay of such payment, after the time first appointed for it to be made; and if the same and the said additional penalty shall remain unpaid for such space of time as that the accumulated penalties shall become equal to the sums before paid in part, and on account of such shares, the same shall be forfeited to the said Company, and may and shall be sold to any person or persons, for such price as can be obtained for the same. Sect. 8. And be it further enacted, by the authority aforesaid, The route That the said road shall be made in, over and upon the present of the road, road, beginning at the intersection of Front street and the German- town road, and extending through Frankford and Bristol to the ferry at Morrisville on the river Delaware, in the county of Bucks, as nearly as may be consistently with economy and utility. Sect. 9. And be it further enacted, by the authority aforesaid, Form and That the said President, Managers and Company shall cause a road structure ot to be laid out, sixty feet wide, and at least twenty-six feet thereof to t e roa . ^ macje an artificial road, bedded with wood, stone, gravel or any other hard substance, well compacted together, and of sufficient depth to secure a solid foundation ; and the said road shall be faced with gravel, or stone pounded, or other small hard substance, in such manner as to form a firm, and as near as the materials will admit of, an even surface and nearly so level in its progress, as that it shall in no place rise or fall more than will form an angle of four degrees with a horizontal line, and shall forever hereafter maintain ever kentTn anc* keeP the same in good and perfect order, from the beginning repair. thereof, by the route or tract aforesaid, to the ferry at Morrisville- Tower to af°resaid, and the said President, Managers and Company shall erect have power to erect permanent bridges over all the waters crossing bridges. the said road. 7 Sect. 10. And be it further enacted, by the authority afore- said, That the bridge which the said President, Managers and Com- Neshaminy pany shall erect over Neshaminy creek, shall be so constructed BriJge- that one part thereof, not less than twenty-four feet, shall hoist or draw for the free passage of such masted vessels as shall, from time to time, have occasion to pass up and down the said creek; and the draw shall be set and placed in such part of the said bridge as will render the passage of masted vsssels through the same, most easy, safe and convenient: which draw shall be ten feet above the surface of the creek at common tides at time of high water, and so as to be most conducive to the free navigation of the said Nesha¬ miny creek; and, for the accommodation of travellers as well as the safety of the navigation, a lamp shall be placed, by the said President, Managers and Company, on the said bridge, near or ad¬ joining to where the said draw shall be constructed; which lamp shall be lighted, before dark, every evening after the building the said bridge so long ns the said bridge shall stand, and continue lighted until day-light in the ensuing morning; and the said Pre¬ sident, Managers and Company shall give good and faithful attend¬ ance, by some sufficient person or persons at the draw of the said bridge, and as speedily as the nature of the thing will permit, hoist or raise the said draw for all masted vessels for which a passage through the same may be required, without any toll or exaction whatever therefor, and on neglect or failure of the said President, Managers and Company to support, maintain and uphold the said bridge when built, and at all times to keep it in good repair, on presentment of the said President, Managers and Company, by the grand inquest enquiring for the county of Bucks, and conviction thereupon at the general quarter sessions for said county, they shall be fined at the discretion of the said court, in any sum not exceed¬ ing two hundred dollars. Sect. 11. And be it further enacted, by the authority afore¬ said, That the said President, Managers and Company shall, for Penalties every neglect or failure in lighting or giving attendance at the said draw aforesaid, forfeit and pay the sum of twenty dollars; one mfny CS moiety to be equally divided between the poor of the townships of Bridge. Bensalem and Bristol, and the other moiety to the party complain¬ ing, or who shall sue for the same. Sect. 12. And be it further enacted, by the authority afore¬ said, That so soon as the said President, Managers and Company When five shall have perfected five miles of the said road, beginning at the mi,es are intersection of Front street and the Germantown road, and also when they shall have completed each succeeding five miles, they fixed, shall give notice thereof to the Governor of the Commonwealth, who shall thereupon forthwith nominate and appoint three disin¬ terested and skilful persons to view and examine the same, and report to him in writing, whether the same is so far executed in a masterly and workman-like manner, according to the true intent and meaning of this act; and if their report shall be in the affirma¬ tive, then, and in either case, the Governor shall, by license, un- 8 der his hand and the lesser seal of the Commonwealth, permit and suffer the said President, Managers and Company to erect and fix so many gates or turnpikes upon and across the said road as will be necessary and sufficient to collect the tolls and duties herein¬ after granted to the said Company, from all persons travelling on be°fixed in same horses, cattle, carts and carriages : Provided always, Frankford That nothing in this act contained, shall authorize the said Presi- and Bristol dent, Managers and Company to erect or fix any gate or turnpike, To°&f from as al^oresa^i upon or across the said road within the bounds of the funerals & borough of Frankford, or within the bounds of the borough of Bris- places of tol: And provided also, That all persons attending funerals or worship plaCes of worship, their horses and carriages, shall be exempt from fromtoU. payment of tolls, in going to and returning therefrom. Sect. 13. And be it further enacted, by the authority afore- Rate of said, That the said Company, having perfected the said road, Tolls. or such part thereof, from time to time, as aforesaid, and the same being examined, approved and licensed in manner aforesaid, it shall and may be lawful for them to appoint such and so many toll-gatherers as they shall think proper to collect and re¬ ceive, of and from all and every person and persons using the To stop said road, the tolls and rates hereinafter mentioned, and to stop any any travel- person riding, leading or driving any horses, cattle, hogs, sheep, [gr to11 coachee, sulkey, chair, chaise, phseton, cart, wagon, wain, sleigh, sled, or any other carriage of burden or pleasure, from pas¬ sing through the said turnpikes, until they shall respectively have paid the same, that is to say, for every five miles in length of the said road, the following sums of money, and so in propor¬ tion for any lesser distance, or for any greater or lesser number of sheep, hogs or cattle, to wit: for every score of sheep, six cents ; for every score of hogs, six cents; for every score of cattle, twelve 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; for every chariot, coach, phseton or chaise, with two horses and four wheels, twelve and one-half cents. For either of the carriages, last mentioned, with four horses, twenty cents. For every other carriage of pleasure, under whatever name it may go, the like sums according to the number of wheels and horses drawing the same. For every stage-wagon with two horses, twelve cents, and for every such wagon with four horses, twenty cents. For every sleigh, three cents; for each horse drawing the same, and for every sled, two cents for each horse drawing the same. For every cart or wagon, whose wheels do not exceed the breadth of four inches, five cents for each horse drawing the same. For every cart or wagon, whose wheels shall exceed in breadth four inches and not exceed seven inches, three cents for every horse drawing the same. For every cart or wagon, the breadth of whose wheels 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 every horse drawing the same. For every cart or wagon, the breadth of whose wheels shall be more than 9 tea inches, and not exceed 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 whose wheels shall be more than twelve inches, one cent for every horse drawing the same. And if any person or persons shall represent to the said Company, or any of their officers, that he, she, or they have tra- veiled a less distance than he, she, or they have actually travelled punishable. along the said road, with intent to defraud the said Company of its toll or any part thereof, such person or persons shall, for every such offence, forfeit and pay to the use of the said Company, any sum not exceeding sixteen dollars; and if any toll-gatherer shall Toll-gath- demand and receive toll for a greater distance than the person, oferer whom such toll is demanded, shall have travelled along the said toll turnpike road, or shall demand and receive greater 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 use of the overseers of the poor, of the township in which the forfeiture is incurred, and for the payment of which, the said Company shall be responsible. Sect. 14. And be it farther enacted, by the authority afore¬ said, That no wagon or other carriage with four wheels, the The load to breadth of which wheels shall not be four inches, shall be drawn be drawn * L 1 along the said road, between the first day of November and the first °"certea|r°®j day of May following, in any year, with a greater weight thereon from No- than two tons and a half, or with more than three tons the residue vember to of the year: that no such carriage, the breadth of whose wheels shall not be seven inches, or being six inches or more, shall not roll at least ten inches, shall be drawn along the said road, between the said first days of November and May, with more than three tons and a half, or with more than four tons during the residue of the year : that no such carriage, the breadth of whose wheels shall not be ten inches or more, or being less, shall not roll at least twelve inches, shall be drawn along the said road between the first days of November and May, with more than five tons, or with more than five tons and a half during the residue of the year: that no cart or other carriage, with two wheels, the breadth of whose wheels shall not be four inches, shall be drawn along the said road with a greater weight thereon than one ton and a quarter, between the said first days of November and May, or with more than one ton and a half during the residue of the year; that no such car¬ riage, whose wheels shall not be of the breadth of seven inches, shall be drawn along the said road, with more than two tons and a half, between the first days of November and May, or with more than three tons during the residue of the year; that no such carriage, whose wheels shall not be of the breadth of ten inches, shall be drawn along the said road between the said first days of November and May, with more than three tons and a half, or with more than four tons during the residue of the year: that no greater weight than seven tons shall be drawn along the said road in any carriage 10 whatever, between the said first days of November and May, nor more than eight tons during the residue of the year: and that if any cart, wagon or carriage of burden whatsoever, shall be drawn along the said road, with a greater weight than is hereby allowed, the owner or owners of such carriage shall forfeit and pay four times the customary toll, to the use of the Company: Provided by-laws of always, That it shall and may be lawful for the said Company, by the Com- their by-laws, to alter any or all of the regulations herein contained, pany. respecting the burdens on carriages to be drawn over the said road, and to substitute other regulations, if, upon experience, such altera¬ tions shall be found conducive to the public good: Provided always, That such regulations shall not lessen the burdens of car¬ riages above described. Sect. 15. And be it further enacted, by the authority afore- Oxen, said, That all such carriages as aforesaid, to be drawn by oxen in horses and the whole, or partly by horses and partly by oxen, two oxen shall rated5 est^mate(^ as eclual to one horse, in charging all the aforesaid tolls, and every mule as equal to one horse. Sect. 16. And be it further enacted, by the authority afore- Proceed- said, That if the said Company shall neglect to keep the said road ings in case jn g00d and perfect order, for the space of five days, and informa- not keVfn ^on hereof shall be given to any justice of the peace of the neigh- good order. borhood, such justice shall issue a precept to be directed to any constable, commanding him to summon three disinterested free¬ holders to meet at a certain time, in the said precept to be men¬ tioned, at the place in the said road which shall be complained of, of which meeting notice shall be given to the keeper of the gate or turnpike nearest thereto, and the said justice shall, at such time and place, by the oaths or affirmations of the said freeholders, enquire whether the said road, or any part thereof, is in such good and per¬ fect order and repair as aforesaid, and shall cause an inquisition to be made, under the hands of himself and a majority of the said free¬ holders, and if the said road shall be found by the said inquisition to be out of order and repair, contrary to the true intent and mean¬ ing of this act, the said justice shall certify and send one copy of the said inquisition to each of the keepers of the turnpikes or gates, between which such defective place shall be, and from thenceforth the toll hereby granted to be collected at such turnpikes or gates for passing the interval of road between them, shall cease to be demanded, paid or collected, until the said defective part or parts of the said road shall be put in good and perfect order and repair as aforesaid, and if the same shall not be so put into good and perfect order and repair before the next general court of quarter sessions of the peace, to be held for the counties of Philadelphia or Bucks, the aforesaid justices shall certify and send a copy of the inquisition aforesaid, to the justices of the said court; and the said justices shall thereupon cause process to issue, and bring in the body or bodies of the person or persons entrusted by the Cnmpany with the care and superintendence of such part of the said road as shall be found de¬ fective, and shall proceed upon such inquisition in the same manner 11 and form as upon indictment found by the grand inquest for the body of the county against supervisors of the highways, for neglect of their duty; and if the person or persons entrusted by the said Company as aforesaid, shall be convicted of the offence, by the said inquisition charged, the said court shall give such judgment, accord¬ ing to the nature and aggravation of the neglect, as, according to right and justice, would be proper in the case of supervisors of the highways neglecting their duties; and the fines and penalties so to be imposed shall be recovered in the same manner as fines for mis¬ demeanors are usually recovered in the said court, and shall be paid to the supervisors of the highways of the township wherein the offence was committed, to be applied to repairing such highways as the township or county is bound to maintain and repair at the pub¬ lic expense thereof. Sect. 17. And be it further enacted, by the authority afore¬ said, That if any person or persons whosoever, owning, riding in, Penalty on or driving, any sulkey, chair, chaise, phseton, cart, wagon, wain, persons at- sleigh, sled, or other carriage of burden or pleasure, or owning, evadeThe10 riding, leading, or driving any horse, mare, gelding, hogs, sheep, payment of or other cattle, shall therewith pass through any private gates or the tolls, bars, or along or over any private passage, way or other ground near to, or adjoining any turnpike or 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 turnpike; 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 sulkey, chair, chaise, phseton, cart, wagon, wain, sleigh, sled, or other carriage of bur¬ den or pleasure, or practise 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 or every or any of the ways or manners aforesaid offending, shall, for every such offence, respectively forfeit and pay to the President, Mana¬ gers and Company of the Frankford and Bristol Turnpike Road, 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 and regulations, as debts under twenty pounds may be sued for and recovered. Sect. 18. And be it further enacted, by the authority afore¬ said, That the President and Managers of the said Company shall Accounts keep fair and just accounts of all moneys received by them from ^be kept or rnonpv^ the said commissioners and from the subscribers to the said under- received by- taking, on account of the several subscriptions, of all penalties for President delay in the payment thereof, and of the amount of the profits on a"^s^0a^g~ the shares which may be forfeited as aforesaid, and also all moneys submitted6 by them expended in the prosecution of their said work, and shall annually to once at least in every year submit such accounts to a general meet- the Stock¬ ing of the stockholders, until the said road shall be completed and hoI aw act To encourage and facilitate the completion of the Frankford and Bristol, and the Bustleton and Smithfield Turnpike Roads. /• Section 1. Be it enacted by the Senate and House of Repre- ot the roads sentatives of the Commonwealth of Pennsylvania in General are com- Assembly met, and it is hereby enacted by the authority of the plctcd com- pa,ties to same, That so soon as " the President, Managers and Companies receive toll, of the Frankford and Bristol" and of the " Bustleton and Smith- Sections al- field Turnpike Roads," shall have perfected two miles and a half of ready com- the said roads, beginning at the end of the section or sections tice thereof a'ready completed, they shall give notice thereof to the Governor shall he of the Commonwealth, who shall thereupon forthwith nominate and {liven to the appoint three disinterested and skilful persons to view and examine G™. the same, and report to him in writing, whether the same is so far thereupon executed in a masterly and workmanlike manner, and agreeably to opp'iut law; and if their report shall be in the affirmative, the Governor Who "hull l,ceilscS under his hand and the lesser seal of the Corn- report to monwealth, permit and suffer the said President, Managers and him in Companies to erect and fix a gate or turnpike upon and across the Act of April 3, 180'J. When miles 21 said roads, to collect the tolls and duties granted to the said Com- writing, panies, and the like proceedings shall, from time to time, be had as . often as a like distance shall have been so completed. well exe- ' Sect. 2. And be. it further enacted, by the authority aforesaid, cuted. That so much of the twelfth section of an act of the General Assem- If in the bly, passed on the twenty-fourth day of March, in the year of our Lord, one thousand eight hundred and three, and of the tenth sec- or shall is- tion of an act, passed the fifth of March, one thousand eight hun- sue his li- dred and four, to enable the Governor to incorporate the said Com- j^nse fo^Qn panies, as is hereby altered or supplied, he, and the same are here- ^/gates110" by repealed ; and the said President, Managers and Companies Qertajn shall, from and after the date of this act be entitled to and enjoy all sections of and every the rights, privileges and emoluments on every section of former acts two miles and a half of the said roads that shall be completed and rePealetl- licensed as aforesaid, that they now might or could do by law on o^heffom the same as part of five miles so completed and licensed, any thing pany as t0 in the said act or acts to the contrary in any wise notwithstanding, the road so completed. JAMES ENGLE, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate, Approved the Third day of April, One Thousand Eight Hun¬ dred and Nine. SIMON SNYDER. [Pamphlet Laws, page 150.] ^ SitpjJltwcwt To an Act, entitled " An Act to enable the Governor of this Com¬ monwealth to incorporate a Company for making an Artificial Road, from the intersection of Front street, and the German- town Road, in the Northern Liberties, of the City of Philadel¬ phia, through Frankford and Bristol to the Ferry at Morris- ville, on the river Delawareand the several Acts supple¬ mentary thereto. , I y _ . Wftereas, the several Acts of the General Assembly, relative to Act of the Turnpike Road from the intersection of Front street and the Gerrnantown Road, in the Northern Liberties of the City of Phila¬ delphia, through Frankford and Bristol, to the Ferry at Morrisville, on the river Delaware, do not provide a mode for ascertaining and paying a just compensation to individual citizens, whose property, 22 rights and privileges it may be necessary to purchase, take and hold for the uses of the President, Managers and Company of the Frankford and Bristol Turnpike Road, authorized by the said acts to make the said road, and to erect a bridge over the Neshaminy creek: And whereas, however desirable it may be to encourage and promote the prosecution of the public objects of the said Presi¬ dent, Managers and Company of the Frankford and Bristol Turn¬ pike Road, it was not, and is not intended by the Legislature to im¬ pair or to destroy the property, rights and privileges of one set of citizens merely for the purpose of transferring the same, with all the emoluments thereof, to another set of citizens : And whereas, it appears to the General Assembly that to empower the said Presi¬ dent, Managers and Company of the Frankford and Bristol Turn¬ pike Road, to make a road on the said route, or to erect a bridge over the said creek for the emolument of the said Company, by taking and possessing any private estate, property or privilege here¬ tofore established, sanctioned and enjoyed by law, custom or usage, without paying a reasonable compensation therefor, would be an infraction of constitutional and equitable principles : Therefore, Section 1. Be it enacted by the Senate and House of Repre¬ sentatives of the Commonicealth of Pennsylvania, in General 2I5- sembly met, and it is hereby enacted by the authority of the same, President, That whenever the said President, Managers and Company of the Managers Frankford and Bristol Turnpike Road, shall be desirous, for the pur- a"n ^of the P.ose makinS tke sa^ Turnpike Road, leading from the intersec- F^ankforcT ^on °f Front street and the Germantown road in the Northern and Bristol Liberties of the City of Philadelphia, through Frankford and Bristol, Turnpike to the Ferry at Morrisville, on the river Delaware, or for the pur- to0;Xy pose of erecting the said bridge over Neshaminy creek, to take, pos- tender of sess and hold any private estate, property or privilege heretofore the value of established, sanctioned and enjoyed by law, custom or usage, they tl^heid by° shall cause value of such private estate, property or privilege, them. to he first valued and fixed, and the amount of the valuation thereof shall be first paid or tendered to the owner or claimant of such estate, property or privilege, in the manner hereinafter specified, How said that is to say, if the parties cannot agree upon any three persons, be a seer- tken Prothonotary of the Court of Common Pleas, of the proper tained. county in which the estate, property or privilege shall lie or be enjoyed, upon application made to him by either party; of which application the party applying, shall give the opposite party notice, shall appoint three respectable and disinterested free holders,residents of the proper county in which the estate, property or privilege shall lie and be enjoyed, and the three freeholders so agreed upon by the parties, or appointed by the Prothonotary, shall, after being first sworn or affirmed, proceed to value any such estate, property or privilege, conformably to the principles of equity and justice, and Award of tke valuation of the said freeholders, or any two of them, certified tlm rofrrcos to the said court of Common Pleas, a copy of which shall be deli- to Lefinal, vorcd to the parties, shall be conclusive; and the said President, Managers and Company of the Frankford and Bristol Turnpike 23 Road, having first made or tendered the payment of the amount of such valuation to the proper party (but not otherwise) shall be entitled to enter upon, take, hold, possess and enjoy forever, the estate, property or privilege so valued, and therefrom to eject and remove the previous owner or claimant. JOHN WEBER, Speaker of the House of Representatives« P.C.LANE,/ ' Speaker of the Senate. Approved the Twentieth day of March, One Thousand Eight Hundred and Ten. SIMON SNYDER. [Pamphlet Laws, page 181.] St iFurtfjcr SuvpUmcut To an Act, entitled "An Act to enable the Governor of this Com¬ monwealth to incorporate a Company for making an Artificial Ro keepers, for demanding or receiving in advance, greater tolls '' than in proportion to the distance travelled. Section 1. Be it enacted by the Senate and House of Repre¬ sentatives cf the Commonwealth of Pennsylvania, in General .As- sembly met, and it is hereby enacted by the authority of the same, That from and after the first day of June next, no gate-keeper or Penalty on toll-gatherer of any incorporated turnpike company, within this Gate-keep- Commonwealth, shall at any gate, fixed or to be fixed on any such roads" road, knowingly and wilfully take or receive from any person or receiving a persons passing through the same, a greater toll in advance, than greater ad- shall be in proportion to the distance such person or persons shall thanVau- travel or pass on said road between such gate and the gate next thorized by thereto, under the penalty of ten dollars for every such offence, to law. be recovered to and for the use of the party aggrieved ; and if any Appropria- person or persons shall defraud any such company, by travelling or using such road for a greater distance than in proportion to the penalty. toll he, she or they shall have so paid at any such gate, such per- penalty on son or persons, so offending, shall forfeit and pay for the use of the persons de- proper Company, for every such offence, the sum of ten dollars, to Lauding be recovered in like manner as other penalties in the proper act of Companies incorporation, upon due proof thereof, are recoverable. of their toll. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. Approved the Fourth day of April, Anno Domini, One Thou¬ sand Eight Hundred and Seven. THOMAS McKEAN. [Pamphlet Laws, page 130.] 30 &n act Act of Relative to the Election of Officers of Turnpike Road and Bridge March 19, Companies. 1828. Whereas it has been represented to the Legislature, that impo¬ sitions have been committed in the election of officers of various Turnpike Roads and Bridge Companies of this Commonwealth, in consequence of the default of the persons conducting such elections to produce the stock books, so as to ascertain who are, by law, rightfully entitled to vote. For remedy whereof, Section 1. Be it enacted by the Senate and House of Repre¬ sentatives of the Commonicealth 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 Treasurers or Secretaries, as the case may be, of the several turnpike and bridge companies incorporated within this Common¬ wealth, to produce at the several places of holding the elections for officers of said companies, the stock books belonging to their com¬ panies, respectively, and to open the said books during the con¬ tinuance of such election, to the inspection of any stockholder or stockholders, demanding the same ; and in case the said Trea¬ surers or Secretaries, as the case may be, shall neglect to produce the said stock books belonging to their Companies, respectively, at the place of holding their elections for officers, or shall refuse to open the same to the inspection of any of the stockholders of the Companies at the time of holding the elections, such Treasurer or Secretary, as the case may be, shall, for every such neglect or refusal, forfeit and pay the sum of One Hundred Dollars, to be recovered at the suit of any stockholder or stockholders, in like manner as sums of the same amount are by law recoverable within this Commonwealth: and every election held after the first day of August next, where the stock books of the Company holding such election, shall not be produced and opened to the inspection of the stockholders, in manner aforesaid, shall be deemed null and void. NER MIDDLESWARTH, Speaker of the House of Representatives. DANIEL STURGEON, Speaker of the Senate. Approved the Nineteenth day of March, Anno Domini, One Thousand Eight Hundred and Twenty-eight. J. ANDREW SHULZE. [Pamphlet Laws, page 195.] 31 m Sttpplemwt To an Act passed the Twenty-second March, A. D., One Thou- Act of sand Eight Hundred and Seventeen, entitled " An Act relative to Suits brought by or against Corporations Section 1. Be it enacted by the Senate and House of Repre¬ sentatives of the Commonwealth of Pennsylvania, in General ./4s- sembly met, and it is hereby enacted by the authority of the same, That the service of any civil process upon the toll-gatherer of any Process incorporation, in the proper county, and next to the place where the damage or damages shall have been committed, shall be held as Up0n toll- good and valid in law, as if served on the President or other prin- gather, cipal officer, or the cashier, treasurer, secretary or chief clerk of any corporation, as aforesaid; and upon such service, the like pro¬ ceedings shall be had, as is directed by the aforesaid act, to which this is a supplement: Provided, That where a suit shall be com- Proviso, menced, and the process served on the toll-gatherer, it shall be the Notice ^ duty of the plaintiff, his agent or attorney, to cause reasonable Company, notice to be given to some one of the officers of the Company, afore¬ said, of the commencement of any such suit, before trial and final judgment, SAMUEL ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate, Approved the Sixteenth day of March, Anno Domini, One Thousand Eight Hundred and Thirty-three. GEORGE WOLF. [Pamphlet Laws, page 78.] 32 Act of ^ lb prevent Obstructions being placed on Turnpike "Roads. 1833 Section 1. Be it enacted by the Senate and House of Repre¬ sentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, Companies That frQna and after the first day of September next, any turnpike liable to a company who shall permit large and unbroken stones, or heaps of penalty stones which may endanger the passage of any wagon, stage or after the other carriage, to remain on the paved or artificial parts of their 1st of Sept. respective roads for a period exceeding twenty-four hours after in- for offence, formation being given that such obstructions do exist, shall be lia¬ ble to pay a fine not exceeding forty dollars, nor less than ten dol¬ lars for every such offence, to be recovered on conviction thereof, before any justice of the peace of the proper county, as debts of like amount are by law recoverable, with costs of suit; the one-half to £uul°a effo- use Prosecutor5 ar)d the other half to and for the repair of priatfon™ the roads within the township where such obstructions are found. Sect. 2. And be it further enacted, by the authority aforesaid, Process That information given to, and the service of any summons upon servecTu one 01^ gate"heepers or toll-gatherers of any turnpike company, next to where such obstructions may be found, shall be as good and keepers. valid in law as if given to or served upon the President or other principal officer, or the treasurer, secretary or chief clerk of any turnpike company, as aforesaid. Sect. 3. And be it further enacted, by the authority aforesaid, Carters lia- That no carter or teamster shall leave his wagon or team stand, ble to a pe- during the night, within less than ten feet of the centre of the turn- fol: pike road, under a penalty of five dollars for each and every offence, roads at to he recovered on conviction thereof, before any justice of the night. peace, of the proper county, with costs of suit; the one half for the use of the prosecution, and the other half to and for the repairs of the roads in the township where such offence may be committed. SAMUEL ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. Approved the Twenty-first of March, Anno Domini, One Thousand Eight Plundred and Thirty-three. GEORGE WOLF. [Pamphlet Laws, page 91.] 33 at Sui)i)ltwetit To an Act entitled " An Act authorizing the Governor to Incor- Act of for ate a Company to make an Artificial Road, commencing April 14, where the Schuylkill Canal Road intersects the Ridge Turn- pike Road, near Robinson's Mill, thence along the bed of said road to the Flat Rock Bridge, and for other purposes. [Section 1, not applicable.] Section 2. From and after the first day of July next, any turn¬ pike company within the county of Philadelphia, except the Frank- ford and Bristol, who shall permit stones or heaps of stones, which may endanger the passage of any wagon, stage or other carriage, to remain within the incorporated limits of their respective roads, after sun down, shall be liable to pay a fine not exceeding fifteen dollars, nor less than five dollars for every such offence, to be reco¬ vered on conviction thereof, before any justice of the peace of the county of Philadelphia, as debts of like amount are, by law, reco¬ verable, with costs of suit, the one half to and for the use of the prosecutor, the other half to and for the repair of the roads within the township where such obstructions are found. [Sections 3 and 4, not applicable.] JAMES THOMPSON, Speaker of the House of Representatives. THOMAS S. CUNNINGHAM, Speaker of the Senate. Approved the Fourteenth day of April, Anno Domini, One Thousand Eight Hundred and Thirty-five. GEORGE WOLF. [Pamphlet Laws, page 261.] 34 Ett Ect A 4 C March 6 Requiring Banks and other Corporations to give1. Notice of TJn- 1847. ' claimed Dividends, Deposites and Balances, in certain cases. Section 1. Be it enacted by the Senate and House of Repre¬ sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, ^publish1' "^at ea°h °f the Banks, Saving Institutions, Loan Companies and annual Insurance Companies, and each and every other of the Companies, statement Institutions or Associations incorporated by, or under any law of otdivi- Commonwealth, and legally authorized to declare and make denes or , 7 o j t profits dividends of profits amongst the stockholders thereof, shall, in the unclaimed, month of December, of the present year, and annually thereafter, cause to be published for four successive weeks, in one or more public newspapers, having the largest circulation, printed in the city or county in which such Bank, Savings Institution, Loan Company,. Insurance Company or other Company, Institution or Association may be located, or in which its principal office or place of business may be situated, a true and accurate statement, verified by the oath< or affirmation of the Cashier or Treasurer thereof, of all dividends or profits declared on its capital stock, which at the date of suchi settlement, shall have remained unclaimed by the person, copart¬ nership or corporation authorized to receive the same, for the period of three years, then next preceding; which said statement shall set forth the names, and, if known, the residence and business of the persons, copartnerships or corporations, in whose favor said divi¬ dends or profits may have been declared, the amount of such divi¬ dends or profits and the number of shares in the capital stock, upon which the same had accrued, [Section 2d, is not applicable to the Turnpike Company.] Penalty for Sect. 3. If any such Bank, Savings Institution, Loan Company, neglect or Insurance Company or other banking institution or association, in- r * J L corporated as aforesaid, shall neglect or refuse to publish the state¬ ment hereinbefore required to be published, the same, and the Cashier or Treasurer thereof, in his individual capacity, shall be liable to the party in whose name such unclaimed dividend, profit, deposite or balance may stand, or to his, her, or their legal representatives,, for the amount thereof, with interest thereon, at the rate of twelve per cent, per annum, from the date of such dividend, profit, depo¬ site or balance, until paid, recoverable by action of debt, as in other cases: Provided, That nothing herein contained, shall be so con¬ structed as to require the publication of any such unclaimed divi¬ dends or profits amounting to less than five dollars, nor such un¬ claimed deposites or balances, amounting to less than ten dollars. 35 Sect 4. That at the expiration of three years after the first pub- When un- lication of any particular dividend or profits, balance or deposite, dl" with the interest that has accrued thereon, as provided for by the profits 'ox first and second sections of this act, such dividend or profit, bal- deposites ance or deposite, with the interest that has accrued, if not demanded s^ail es* within that time by the rightful owner or owners thereof, or their Qorcimon-6 legal representatives, shall escheat to the Commonwealth, and shall wealth, be paid into the Treasury thereof, without discount or deduction for commissions, fees or expenses of any description, by the Cashier, Treasurer, or other proper officer of said Bank, Savings Institution, Loan Company, Insurance Company, Saving Fund Society or other Company, Institution or Association, in which such dividend or profit, balance or deposite shall have remained without being de¬ manded, as aforesaid, or without being increased or diminished for the length of time aforesaid; and the said Bank, Savings Institution, Loan Company, Insurance Company, Saving Fund Society or other Company, Institution or Association, as the case may be, shall thereupon be discharged from any obligation or liability to pay over such dividend or profit, balance or deposite, or interest thereon, to the owner or owners thereof, that the said owner or owners, or their legal representatives, upon application to the State Treasurer, for the time being, and producing satisfactory proof to that officer of his, her or their right to such dividend or profit, balance or deposite, with the interest thereon, paid into the Treasury, as aforesaid, or any part thereof, shall receive from the Commonwealth the amount he, she or they shall be found legally or equitably entitled to : Pro¬ vided, That the expense of the publication or publications required by this act, shall be paid out of such dividend or profit, balance or deposite, so published. JAMES COOPER, Speaker of the House of Representatives. CHARLES GIBBONS, Speaker of the Senate. Approved the Sixth day of March, Anno Domini, One Thou¬ sand Eight Hundred and Forty-seven. FRANCIS R. SHUNK. [Pamphlet Laws, page 222.] 5 INDEX. * Pages. Accounts, how to be kept, 11, 16. annually to be laid before Legislature, 12, 16. Bridges, authority to erect 6. Bridge over Neshaminy creek. . . . . . . . 7, 15, 19, 20. tolls, , . 15, 16, 17. penalty for injuring, . . , . , .17. By-laws may be made, ............ 5. Commissioners, names of, 3. Carriages to keep to the right when passing, 13. Damages to persons injured by road, how ascertained, ...... 22, Dividends, when to be made, . ......... .12. unclaimed to be advertised, 34. escheated when, 35. Elections of officers, 5. stock books to be produced at, ...... 30. Funerals, and places of worship, persons attending exempt from toll, ... 8. Index posts to be erected at cross roads, ,13. Kensington district, part of road ceded to, 27, to repair part ceded, 28. Licenses to erect gates and take tolls, 8,15, 20,21. Loads, what weight allowed, 9. Maiden street ceded to Northern Liberties, 25. Milestones to be placed along road, 13. Miles, number of from Philadelphia marked on gates, 13. Mules, toll for how estimated, 10. Name of Corporation, 4. Officers, number of, and how elected, 5, 30. Oxen, toll for how estimated, 10, 16. Patent, when to be issued, &c., 4. 38 Pages: Penalties for evading payment of tolls, • . 9, 11, 29. for taking excessive toll, . . 9, 29. for injuring milestones and index posts, 13. for throwing dirt, &c. into road, 13. for injuring Neshaminy bridge, 17. for leaving heaps of stones in road, .32. leaving carts on road at night, . 32. Pennsylvania Canal, location of road changed by, 26. Process may be served on tollgatherers, when, 31. Road, route, form and structure, 6. proceedings when out of repair, 10. when to be completed, . 14. time for completing extended, 19. 20. extended, 23, 24. portion of, ceded to Kensington district, 27. may be bought by State, when, 14. Stock, subscription for, 3. instalments on shares, 6. penalty for non-payment, 6. certificates how issued, .5. number of shares may be increased, .12. Stockholders, annual meeting of, 5. Tolls, * . . . . . 8, 12,17,24,25,28,29. rate of^ ....... ...... 8. penalty for evading, . . 9,11,29. may be raised, 12. may be collected as those of Lancaster Turnpike Company, . . .17. relinquished over part of road, ......... 28. Viewers, to report to Governor, how appointed, &c , ...... 7. JAN 3 0 1925