lands and tenements so necessary to be taken as aforesaid, and having estimated the advantages as well as disadvantages which may be sustained by any owner or owners of such ferries, lands and tenements, shall make an appraisement thereof in writing under their hands and seals, and the same shall return, together with a map describing the metes and bounds of such lands and tenements, to the supreme court next after they shall have agreed upon and signed the same; and the said appraisement having been confirmed by the said court shall be filed in the clerk's of fice of the said court with the map aforesaid, and the said president and managers and company, having paid to the said owners respectively the several sums awarded to be paid unto them, in and by the said appraisement, together with the costs of the said appraisers, at the rate of two dollars each and for every day employed in the said business, and their necessary expenses, the said corporation shall be entitled to have and to hold, to them and their successors and assigns forever, the said ferry and the said lands and tenements as fully and effectually as if the same had been granted to them by the respective owners thereof, and it shall and may be lawful thereupon, and not before, for the said president and managers to enter upon the said lands and tenements, and to begin the building and erection of the said bridge. SECT. X. And be it enacted, That it shall and may be lawful to and for the president and managers aforesaid, their superintendants, engineers, and artists, of every kind, to enter into and upon all the lands, tenements and enclosures, near to the place where the said bridge is to be built, and to examine the ground for the purpose of obtaining gravel or sand necessary for the building of the said bridge, and that it shall and may be lawful for the said managers, overseers, superintendants, or any other person employed in building the said bridge, to enter with waggons, carts, sleds or sleighs, or beasts of burthen or draught of any kind whatsoever, first giving notice to the owners, doing as little damage as possible, and repairing any breaches of fences they may have occasion to make, and first making amends for any damages that may be done, which damages shall be ascertained by the parties if they can agree, or if they cannot agree then by appraisement thereof, to be made upon oath or affirmation by three indifferent freeholders of the neighbourhood, or any two of them, to be mutually chosen, or if the owners or managers, superintendants, engineers or artists, upon due notice shall neglect or refuse to join in the choice, then the said freeholders to be appointed by any justice of the peace of the county, not interested on either side, and the said managers or other persons by them employed as aforesaid, after tender of the appraised value to the owner, may enter and dig, take and carry away, any stone, gravel, sand or earth, most conveniently situated for making and repairing the said bridge. SECT. XI. And be it enacted, That the president and managers of the said company shall keep fair and just accounts of all the monies received by them from the said commissioners, and from the subscribers to the stock of the said company, and of all penalties for delay in the payment thereof, and of the amount of profits or shares that may be forfeited as aforesaid, and of all voluntary contributions and also of all monies by them expended in the prosecution of the said work; and shall at least once in every year submit such accounts to a general meeting of the stockholders until the said bridge be completed, and until all the costs, charges and expenses, for effecting the same shall be fully paid and discharged, and the aggregate amount of all such expenses shall be liquidated and ascertained, and if upon such liquidation, or whenever the whole capital stock of the company shall be nearly expended, it shall be found that the capital stock is not sufficient to complete the said bridge according to the true intent and meaning of this act, it shall and may be lawful for the president, managers and company, at a stated or special meeting, to be convened according to the provisions of this act, or their own by-laws to increase the number of shares to such extent as shall be deemed sufficient to accomplish the work, and to demand and receive the monies subscribed for such shares in like manner and under the like penalties as are herein before provided for the original subscription. SECT XII. And be it enacted, That when a good and complete bridge is erected over the said river Delaware, at the place aforesaid, the property of the said bridge shall be vested in the said company aforesaid, their successors and assigns; and the said company, their successors and assigns, may demand and receive toll from travellers and others, agreeably to the following rates, to wit, for every coach, landau, chariot, phaeton, or cther pleasurable carriage, with four wheels, drawn by four horses, the sum of seventy-five cents; and for the same carriages with two horses, the sum of fifty cents; for every waggon with four horses the sum of sixty-three cents; and for every carriage of the same description, drawn by two horses, the sum of fifty cents; for every chaise, riding chair, sulkey, cart, or other two wheel carriage, or a sleigh or sled with two horses, the sum of thirty-eight cents; and for the same with one horse, the sum of twenty-five cents; for a single horse and rider, the sum of twelve and an half cents; for every led horse or mule, the sum of six cents; for every foot passenger, the sum of three cents; for every head of horned cattle, the sum of three cents; for every sheep and swine the sum of one cent; Provided always, That the said bridge shall in no wise injure, stop, or interrupt the navigation of the said river, or prevent boats or rafts from passing up or down, or boats from crossing, or persons from fording the said river; Provided also, That no person shall receive any compensation for ferrying at any ferry which shall have been paid for by the said company. SECT. XIII. And be it enacted, That in fixing the toll of all carriages to be drawn wholly by oxen, or partly by horses and partly by oxen, two oxen shall be estimated equal to one horse; and the said company shall cause to be affixed and always kept up at the gates of the said bridge in some conspicuous place, a printed list of the rates of toll which may be lawfully demanded. SECT. XIV. And be it enacted, That if any person or persons shall wilfully cut, destroy, break or remove from off the said bridge or any part thereof, any piece or pieces of timber or iron, plank or planks, stone or stones, chain or chains, bolt or bolts, or any other materials belonging to said bridge, or otherwise voluntarily damage the same, he, she or they so offending shall forfeit and pay for every such offence over and above the damages done to the said bridge, the sum of thirty dollars, to be recovered in any court having cognizance thereof, with costs of suit to be paid to the treasurer aforesaid and applied to the use of the said company. SECT. XV. And be it enacted, That if the said company, their successors and assigns, and whoever shall own or possess the said bridge shall collect or demand any greater rates or prices for the passing over the said bridge, than what is herein before prescribed and specified, or shall neglect to keep the said bridge in good repair, he, she or they so offending, shall, for every such offence, forfeit and pay the sum of thirty dollars, one moiety thereof for the use of the poor of the township of Amwell, in the county of Hunterdon, in the state of New Jersey, and of the township of Solebury, in the county of Bucks in the state of Pennsylvania, and the other moiety for the use of the person who may sue for the same; Provided always, That no suit or action shall be brought unless within thirty days after such offence shall be committed. SECT. XVI. And be it enacted, That the said president, managers and company shall also keep a just and true account of all and every the monies received by their respective collectors of tolls, for crossing the said bridge, and shall make and declare a dividend of the profits and income thereof, among all the subscribers to the said company's stock, deducting first therefrom all contingent costs and charges, and such proportion of said income as may be deemed necessary for a growing fund to provide against the decay, and for the rebuilding and repairing the said bridge, and shall on every first Monday in April and October in every year, publish the dividend to be made of the said clear profits thereof among the stockholders, and of the time and place where and when the same shall be paid, and shall cause the same to be paid accordingly. SECT. XVII. And be it enacted, That nothing in this act shall be deemed taken or construed to authorize or impower the governor to incorporate or impower any person subscribing as aforesaid to do any act matter or thing herein mentioned until such time as the legislature of the commonwealth of Pennsylvania shall by law vest the like power and authority in such subscribers to erect the said bridge, and extend the same from the shore on the west side of the said river across the same to its opposite shore; with as full and ample powers, privileges, franchises and emoluments as to the subscribers are hereby given, and the said subscribers having such authority shall be incorporated as aforesaid, and shall proceed in the said work with all convenient speed, and if the said company shall not proceed to carry on the said work within the space of three years after they shall have been incorporated, or shall not within the space of eight years from the passing of this act, complete the said bridge, it shall and may be lawful for the legislature of this state to resume all and singular the rights, liberties and privileges hereby granted to the said company. SECT. XVIII. And whereas, The legislature of the state of Pennsylvania have not passed acts to meet and correspond with the acts of the legislature of this state, the one entitled "An act to authorize the governor of this state to incorporate a company for the erection of a bridge over the Delaware river at Mitchell's and Howell's ferry," passed the twenty-seventh day of Novem-ber one thousand eight hundred and nine, and the other entitled "An act to authorize the governor of this state to incorporate a company for erecting a bridge over the river Delaware at Joseph Lambert's formerly Coryell's ferry," passed the twenty-seventh day of November one thousand eight hundred and nine; Therefore, Be it enacted, That the said recited acts be and they are hereby repealed. House of Assembly, February eighteenth, one thousand eight hundred and eleven: This re-engrossed bill having been read and compared in this house, Resolved, That the same do pass, By order of the house, WILLIAM KENNEDY, Speaker. Council Chamber, February eighteenth, one thousand eight hundred and eleven: This re-engrossed bill having been read and compared in council, Resolved, That the same do pass. By order of council. JOSEPH BLOOMFIELD, President. I James Linn, secretary of the state of New Jersey, do certify the foregoing to be a true copy of a law of the legislature of said state, remaining filed in the office of the said secretary. Witness my hand at Trenton, the nineteenth day of February, in the year of our Lord one thousand eight hundred and eleven. JAMES LINN, Secretary. JOSEPH BLOOMFIELD, Governor of the State of New Jersey. To all to whom these presents shall come Greeting. KNOW YE, That James Linn, whose name is subscribed to the foregoing certificate, was at the time of subscribing the same, and now is secretary in and for the state of New Jersey: Therefore, full faith and credit is and ought to be given to his official acts accordingly. In testimony whereof the great seal of the state of New Jersey is hereunto affixed. Witness the hand of the said governor at Trenton, the twentieth day of February, in the year of our Lord one thousand eight hundred and eleven. JOSEPH BLOOMFIELD. By the Governor, JAMES LINN, Secretary. CHAPTER LXXVII. An ACT to enable the Governor to incorporate a Company for making an artificial road from the Court House in the borough of York, to end at or near Wolf's tavern in a direction towards Gettysburg. named, to open a certain time. SECT. I. 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 Jonathan commissioners Jessop, Frederick Eichelberger, Peter Hoke, Henry Wolf, books of subDaniel Spangler, Jacob Smyser, John Wyer, William Ness scription within and Philip Frederick, be, and they are hereby appointed commissioners to do and perform the several things herein after mentioned, that is to say, they shall on or before the first Monday of May next, procure two books, and in each of them enter as follows, "We whose names are hereunto subscribed do promise to pay to the president, managers and company of the York western turnpike road, the sum of one hundred 100 dollars price dollars for every share of stock in said company set opposite to our respective names, in such manner and proportions and at such times as shall be determined by the president and managers of the said company, in pursuance of an act of the general assembly of this commonwealth, entitled, "An act to enable the governor to incorporate a company for making an artificial road from the court house in the borough of York, to of each share. |