ner, according to the true intent and meaning of this act, and if their any Tolls. SECTION 15. When the said company is licensed in the manner aforesaid, it shall be lawful for them to appoint such and so many toll gatherers as they may think proper, to collect and receive of and from Toll gatherers. all and every person or persons using the said road, the tolls and rates hereinafter mentioned, and to stop any person leading, riding or driving any horses, cattle, hogs, sheep or vehicle of burden or pleasure of whatsoever kind from passing through the said gates, until they have respectively paid the same, that is to say: for every carriage, sleigh or vehicle of whatever description used for personal accommodation or pleasure, one and one half cents per mile for each horse or mule drawing the same; for every cart or wagon or other carriage of burden, the wheels of which shall not exceed two inches in breadth, one cent per mile for each and every horse or mule drawing the same; for every cart, wagon or other carriage of burden, the wheels of which are four inches and upwards in width, three-fourths of a cent per mile, for each and every horse or mule drawing the same; for the said vehicles of burden as above mentioned, the wheels of which are six inches in breadth, one half cent per mile for each and every horse or mule drawing the same; any load over four tons may be charged additional toll not exceeding double these rates; every two oxen drawing carts, wagons or other vehicles of burden with wheels shall be rated as one horse; for every sleigh or sled used in carrying burdens, one cent per mile for every horse drawing the same: Provided, That the said company may at their discretion regulate the tolls so as to reduce them below the rates specified above, and raise them again to the amount permitted by this act, but in no case to exceed them during such times and seasons and with such discriminations as they may think proper and right. SECTION 16. If any person or persons riding in or driving any carriage of burden or pleasure, or driving any cattle, sheep or hogs, shall with the intent to defraud the said company, or to evade the payment of any tolls aforesaid, pass through any private way or over any other ground near to or adjacent to any turnpike gate, or shall wilfully represent to the toll collector, that he or she has traveled a less distance than he or she has actually traveled, or use any other fradulent means or device to lessen or avoid the payment of such tolls, any such person or persons so offending, shall upon conviction before any justice of the peace or alderman of the county in which the offence shall have been committed, for every such offence forfeit and pay to the president and managers of the said company, a sum not exceeding ten dollars with costs for the use of the said company, and in default or neglect to pay the same, it shall be recovered as debts of a like amount are recoverable. Frauds, how punished. SECTION 17. If the said company shall neglect to keep the said road Proceedings to in good repair and traveling order for the space of fifteen days, and in- keep the road in formation thereof shall be given to any justice of the peace or alderman order and repair. in the vicinity where the repairs ought to be made, such justice or Toll collectors demanding and receiving more toli than is authorized by this act, how punished. lated. alderman shall issue a precept directed to any constable, commanding him to summon three disinterested persons to meet at a certain time in such precept mentioned, on the part of the road which shall be com plained of, of which meeting notice shall be given to the keeper of the gate nearest thereto, and the said justice or alderman shall at such time and place on the oaths or affirmation of the said persons, inquire whether the said road or any part thereof is in such good order and repair as aforesaid, and if the said road shall be found by the said inquisition to be out of order or repair contrary to the true intent and meaning of this act, the said justice or alderman, as the case may be, shall certify and send one copy of the inquisition to each of the keepers of the gates between which such defective place may be, and thenceforth the tolls authorized hereby to be collected at such gates shall cease to be demanded or collected, until the said defective part or parts of the road shall be put in good order and repair; and if the same shall not be put in good order and repair as aforesaid, before the next court of quarter sessions of the proper county, the justice of the peace or alderman before whom the said proceedings were had, shall certify and send a copy of the inquisi tion aforesaid to the judges of the said court, and the court shall there upon cause process to issue and bring in the body or bodies of the person or persons entrusted by the company with the care and superintendence of such part of the road as shall be found defective, and shall proceed thereon as in cases of supervisors of the highways for neglect of duty; and if the person or persons entrusted by the company as aforesaid, shall be convicted of the offence in and by the said inquisition charged, the said court shall give judgment as in the case of supervisors of highways neglecting their duties; the penalties so to be imposed shall be recovered in the same manner as fines for misdemeanors are usually recovered in said court, and shall be paid to the supervisors of the township wherein the offence was committed, to be used for repairing the public roads in said township. SECTION 18. If any toll collector shall demand and receive from any person greater toll than is authorized by this act, such toll collector shall forfeit and pay for every such offence a sum not exceeding ten dollars, to the directors of the poor and house of employment of the county in which the forfeiture shall be incurred, to be recovered before any justice of the peace or alderman of the county where such offence shall have been committed. SECTION 19. All drivers and conductors of wagons and carriages of all Traveling regu- kinds, using the said road, shall, except when overtaking and passing by a carriage, wagon, or other vehicle of slower draught, keep their horses and carriages on the right hand side of the road in the passing direction, leaving the other side free and clear for other carriages to pass and repass, nor shall any driver of carriage of any kind, using said road, in any way obstruct the road, or occupy it in such manner as to prevent the free passage of other carriages which may be going at a faster gait; and if any carter, wagoner or driver shall offend against any of the above provisions, he shall forfeit and pay any sum not exceeding six dollars with costs, to any person who shall be obstructed in his or her passages, who will sue for the same, to be recovered in the usual way and manner, and also be liable for all damages which may occur; and no driver of any carriage of any kind, shall pass any other vehicle going in the same direction, at a faster gait than a trot, af a rate not exceeding eight miles per hour, under a penalty of twenty dollars for each and every offence so committed, recoverable before any justice of the peace or alderman of the county in which said offence shall be committed, one-half to the use of the said company, and the other half to the use of the informant. SECTION 20. The said compány shall cause posts to be erected at the intersection of every public road falling into and leading out of the Index boards to tures, punished. SECTION 21. That if any person or persons shall wilfully break, deface, pull up, or prostrate any milestone or mile post which shall be Injuries to fixplaced in pursuance of this act on the side of the said road, or shall obliterate the letters or figures inscribed thereon, or shall wilfully break, pull down, deface, destroy, or injure any direction post which shall be erected in pursuance of this act, at the intersection of any public road as aforesaid, or at any other point, or the index board, or hand affixed thereto, in conformity with the directions of this act, or shall obliterate the letters or figures inscribed or marked thereon, or destroy, deface, or obliterate the figures, letters, or other characters marked at any turnpike or gate, or shall injure or destroy such gate which shall be erected in pursuance of this act, for all or any of the purposes therein mentioned, or the whole or any part of any printed list of the rates of tolls or by-laws which shall be affixed in pursuance of the directions of this act, at such gate or turnpike, or at any other place, he, she, or they so offending in the premises, shall for every such offence, severally and respectively forfeit any pay to the said president. managers and company, the sum of twenty dollars, to be sued and recovered with costs of suit, before any justice of the peace or alderman in manner aforesaid. SECTION 22. No suit or prosecution shall be brought or prosecuted Limitation of by any person or persons for any penalties incurred under this act, unless suits or prosecusuch suit or prosecution shall be commenced within six months next tions. after the act committed, or within six months after the perpetrators of any offence shall have been discovered; and the defendant or defendants in such suit or prosecution may plead the general issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by the authority of this act. bited at each an SECTION 23. At each annual meeting of the stockholders, the president and managers of the preceding year shall exhibit to them a com- Statement of the plete statement of the affairs and proceedings of the company for such affairs of the comyear; special meetings of the stockholders may be called by order of Pany to be exhithe president and managers, or by the president, at the request of the nual meeting of stockholders holding in their own right, one-third of the amount of the stockholders. capital stock in said company, giving like notice as that required for the annual meeting, and stating in said notice for what purposes said meeting is called, and what matters are intended to be brought before the same; but no business shall be transacted at such meetings, except that for which it shall have been called, nor then, unless stockholders holding in their own right two-thirds in value of the capital stock, shall attend in person or by proxy. SECTION 24. At the end of the third year after the charter shall have Abstract of the been obtained, and yearly thereafter, there shall be furnished to the leg- accounts of the company to be islature an abstract of the accounts of the company, showing the amount furnished the leg- of capital paid in, and the debts of the said company. the amounts re islature. Commencement road. ceived for tolls, and the rate charged, and the amount of dividends declared, which abstract shall be verified by the oath or affirmation of the president or treasurer of the said company; two copies of the same shall be made out, one of which shall be sent to the speaker of the house of representatives of this commonwealth, the other to the auditor general of the same; the said company shall pay into the treasury of this commonwealth a tax of eight per centum on all dividends exceeding twelve per centum on the capital stock paid in. SECTION 25. If the president, managers and company shall not proand completion of ceed to carry on the said work within three years from the passage of this act, and shall not complete the same within seven years, according to the true intent and meaning of this act, or if after the completion of the said road, the said company shall suffer the same to go to decay, and become impassable for the term of one year, then this charter shall become null and void, except so far as compels the said company to make reparation for damages. Reservation. SECTION 26. If the said company shall at any time misuse or abuse any of the privileges hereby granted, the legislature may resume all and singular the rights and privileges hereby granted to the said corporation, and shall have power to revoke and annul the same: Provided, That no injustice thereby may be done to the corporators. WILLIAM F. PACKER, Speaker of the House of Representatives. WM. WILLIAMSON, Speaker of the Senate. APPROVED-The first day of April, one thousand eight hundred and forty-eight. FRS. R. SHUNK. Name. Boundaries. No. 392. AN ACT To erect the village of Bridesburg, in the county of Philadelphia, into a borough. 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 inhabitants of that part of the township of the unincorporated Northern Liberties, in the county of Philadelphia, known as the village Bridesburg, and the same is hereby erected into a borough, which shall be called the borough of Bridesburg, and shall be comprised within the following boundaries, to wit: Beginning at the junction of the Frankford creek and the river Delaware, extending along said Frankford creek in south-westwardly direction, to a corner of land of Mister William Reynolds; thence along said William Reynolds' line in a south-eastwardly direction, until it strikes the river Delaware; thence along said river Delaware to the place of beginning, be and they and their successors forever are hereby constituted a body politic in fact and in law, by the Body politic. name, style and title, of the commissioners and inhabitants of Bridesburg, Style. in the county of Philadelphia, and by the same name shall have perpetual Privileges. succession, and they and their successors shall at all times forever be able and capable in law to purchase, have, hold, take, receive, possess Purchase lands, and enjoy lands, tenements, hereditaments, liberties, franchises, juris. &c. dictions, goods, chattels and effects, and the same to grant, bargain, sell, alien, convey or devise at their pleasure; and by the name aforesaid, are and forever shall be able and capable in law to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended in all courts of record and elsewhere, in all manner of actions, suits, complaints, pleas, causes and matters and things that to them as a body politic and corporate in law and in fact shall and may appertain, and to have and use one common seal; and the powers of said corporation shall be invested in five persons, residents of said borough, who shall be elected and constitute a board of commissioners, and have full employ one or more surveyor and regulator, or surveyors or regulators. SECTION 2. The inhabitants living within the said district who are or Qualification of shall be qualified agreeably to the constitution and laws of this common- citizens. wealth, to vote for members to serve in the general assembly, shall meet at the Bridesburg hall, between the hours of two in the afternoon, and power to Seal. Board of com missioners. Commissioners. eight in the evening, on the first Monday in May next, and then and Annual elections. there choose by ballot out of such of the qualified voters residing within the said district, in the manner prescribed for choosing members in the house of representatives of this commonwealth, five suitable persons to serve as commissioners in and for the said district, two for one year, and three for two years, and in a like manner all succeeding years; and the said commissioners who shall be elected on the first Monday in May next as aforesaid, shall meet together at the said hall, between the hours of three and six, P. M., on the first Thursday after said election, and after being qualified as hereinafter directed, shall organize by electing a treasurer, clerk, president and solicitor, and make such rules and regu. lations as may be necessary for their government, and shall fix upon some place for their future meeting, which place and rules and regulations may be altered by said commissioners from time to time as they shall deem necessary, and on the first Thursday after every succeeding election, the commissioners elected at the time, shall together with those whose period of service shall not have expired, meet at the place appointed for holding such meeting, and shall after the said commissioners elect be qualified as hereinafter directed, proceed to the buisness of said corporation. Officers. tion. SECTION 3. And that the said commissioners have full power and Power to elect authority to elect one suitable person, a resident of said district, to act one constable. and serve as constable of said district for the term of one year. SECTION 4. That all elections to be held in pursuance of this act, on the first Monday in May next, and annually thereafter, shall be conducted by one judge and two inspectors, to be chosen as judges and Officers of elecinspectors are now chosen in other incorporated districts of the county of Philadelphia, and the judge and inspectors so chosen shall take an oath or affirmation, before some judge or justice of the peace of the said county, before entering on the duties in and by this act enjoined, well and faithfully to discharge the same, according to the best of his or their skill or ability; and all elections to be held after the first Monday in May next, shall be held at such place as the said commissioners shall appoint within the said district, of which elections the said commis To be qualified. |