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SECT. XIX. And be it further enacted by the authority aforesaid, stones, direction. That if any person or persons shall wilfully break, deface,

Penalty on in. juring mileposts, &c.

Proviso.

Waggoners, &c. to keep to the right.

Penalty for of

fending against this regulation,

Penalty on instituting vexatious and un

tions under this act,

pull up or prostrate any mile-stone which shall be placed in pursuance of this act on the side of the said road, or shall obliterate the letters or figures inscribed thereon; and if any person shall wilfully break, pull down, deface, destroy, or injure any direction post which shall be erected in pursuance this act, at the intersection of any road as aforesaid, or the board or index-hand affixed thereto in conformity with the directions of this act; or if any person or persons shall obliterate the letters or figures inscribed or marked thereon, or shall destroy, deface, or obliterate the letters, figures, or other characters marked at any turnpike or 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 written cr printed list of the rate of tolls which shall be affixed in pursuance of the directions of this act at any such gate or turnpike, he, or they so offending in the premises, shall, and each of them on conviction before any alderman or justice of the peace of the city of Philadelphia, or of the proper county, for every such offence, severally and respectively forfeit and pay to the said president, managers and company, ten dollars; Provided, That the defendant does not settle and pay the damages before such suit is brought as aforesaid.

SECT. XX. And be it further enacted by the authority aforesaid, That all waggoners, carters, and drivers of carriages of all kinds, whether of burthen or pleasure, using the said road, shall, except when overtaking and passing by a carriage of slower motion, keep their horses and carriage on the right hand side of the said road in the passing direction, leaving the other side of the said road free and clear for other carriages to pass and repass, and if any waggoner or carter or driver shall offend against this provision, he shall, on conviction, forfeit and pay any sum not exceeding ten dollars to any person who shall by reason thereof be obstructed in his passage and will sue for the same before any justice of the peace of the proper county, to be recovered with costs of suit.

SECT. XXI. And be it further enacted by the authority aforesaid, That if in case of any suit or prosecution which shall be comfounded prosecu- menced under the direction of this act for any penalty incurred by the same, whether for or against the said company or any person or persons in their trust or assignees, the said suit or prosecution shall not be sustained by the plaintiff or prosecutor, then and in such case the person or persons prosecuted as aforesaid, shall recover by the judgment of the alderman or justice as the case may be, before whom such suit or prosecution shall be depending, such sum not exceeding the amount of the penalty for which the suit or prosecution shall be commenced, as shall by the said alderman or justice be

deemed a reasonable retribution for the vexation of such suit or

prosecution.

alties under this

SECT. XXII. And be it further enacted by the authority aforesaid, All suits for penThat no suit or action shall be brought or prosecuted by any act to be brought person or persons for any penalty incurred under this act unless months.

such suit or action shall be commenced within three months after the fact committed; and the defendant and defendants in such suit or action may plead the general issue and give this act and the special matter in the evidence, and that the same was done in the pursuance and by the authority of this act.

within three

completed in

SECT. XXIII. And be it further enacted by the authority aforesaid, work to be beThat if the said company shall not proceed to carry on the gun in three and said work within three years after the passing of this act, or seven years. shall not within seven years thereafter complete the said road according to the true intent and meaning of this act, in either of those cases it shall and may be lawful for the legislature of the Penalty on noncommonwealth to resume all and singular the rights, liberties, privileges and franchises, by this act granted to the said company.

compliance.

1830, the legisla

thereof shall be

SECT. XXIV. And be it further enacted by the authority afore After the year said, That if the legislature of this commonwealth should at any ture may free the time after the year one thousand eight hundred and thirty, road. think proper to take possession of the said road, three persons shall be chosen by the governor of the commonwealth, and three by the president and managers of the company, and three by the judges of the supreme court, who, or any six or How the value more of them, shall proceed to examine and estimate the va- ascertained. lue of the property which the said company have therein, and a majority of whom shall certify the amount thereof to the governor who shall cause the same to be laid before the legisGovernor to lay lature at their next session; and whenever the amount so certi- the proceedings fied shall be paid, the right of the said company to take toll on legislature. the said road together with all their right, title, claim, and in- when toll shall terest therein, shall cease and determine.

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JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED-the thirtieth day of March, one thousand eight

hundred and eleven.

SIMON SNYDER.

before the next

cease.

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named.

Books to be procured. Entry therein.

CHAPTER CVI.

An ACT to enable the governor to incorporate a company for making an artificial road from the northern boundary line of this state, at the most suitable place near the twenty-eight mile stone, to the place where the seat of justice is established for the county of Susquehanna; and thence by the best and nearest route to the borough of Wilkesbarre, in the county of Luzerne,

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, Commissioners That Samuel Hodgdon and John B. Wallace of the city of Philadelphia, and Robert H. Rose and Putnam Cattlen of the county of Susquehanna, and Ebenezer Bowman and Elisha Harding of the county of Luzerne, 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 September next, procure two books and enter in each of them as follows, "We whose names are hereunto subscribed do promise to pay to the president, managers and company of the Bridgewater and Wilkesbarre, turnpike road, the sum of fifty dollars for every share of stock 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 northern boundary line of this state, at the most suitable place near the twenty-eight mile stone, to the place where the seat of justice is established for the county of Susquehanna; and thence by the best and nearest route to the borough of Wilkesbarre in the county of Luzerne." Witness our hands the day of in the

Notice to be giv. en of the time and place of opening the books.

Two of the commissioners to attend.

Who may subscribe.

Books to be kept open six days

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year of our Lord, one thousand eight hundred and
and shall thereupon give notice in two of the public pa-
pers printed in the city of Philadelphia, and in one or more of
the public papers printed in the borough of Wilkesbarre, for
one calendar month at least, of the times and places in the said
city and county when and where the said books shall be open
to receive subscriptions for the stock of the said company at
which respective times and places some two of the said com-
missioners shall attend and shall permit and suffer all persons of
lawful age
who shall offer to subscribe in the said books, in their
own names or names of any other persons who shall duly au-
thorize the same, for any number of shares in the said stock,
and the said books shall be kept open respectively for the pur-
pose aforesaid, at least six hours in every juridical day for the

red from place,

space of six days or until the said book opened at Philadelphia shall have one hundred and fifty shares therein subscribed; the said book opened at Wilkesbarre three hundred shares therein subscribed; and if at the expiration of the said six days the books aforesaid or either of them shall not have the respective number of shares aforesaid therein subscribed, the said commissioners respectively may adjourn from time to time and May be tranfer. transfer the said books from place to place aforesaid, until the place, &c. whole number of shares shall be subscribed, of which adjournments and transfer the commissioners aforesaid shall give such public notice as the occasion may require; and when the whole number of shares subscribed in both the said books shall amount to four hundred and fifty, the same shall be closed; Provided Shall be closed always, That every person offering to subscribe in the said are subscribed. books in his own name or any other name, shall previously pay to the attending commissioners the sum of five dollars for every dollars to be share to be subscribed, out of which shall be defrayed the ex- hare at the time penses attending the taking such subscriptions and other inci- of subscribing. dental charges and the remainder shall be paid over to the treasurer of the corporation as soon as the same shall be organized and the officers chosen as herein after mentioned.

when 450 shares

paid on each

missioners may

of stock, to the governor.

the subscribers.

SECT. II. And be it further enacted by the authority aforesaid, That when twenty persons or more shall have subscribed one when the com hundred or more shares of the said stock, the commissioners certify the sales shall certify under their hands and seals the names of the subscribers and the number of shares subscribed by each to the governor; and thereupon it shall and may be lawful for the governor by letters patent under his hand and seal and the seal Who shall there of the state, to create and erect the subscribers, and if the said upon incorporate subscriptions be not full at the time, then also those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate, by the name, style and title of, "The presi- Style of the dent, managers and company of the Bridgewater and Wilkes- company. barre turnpike road," and by the said name the subscribers shall have perpetual succession and all the privileges and franchises incident to a corporation; and shall be capable of taking Privileges of. and holding their said capital stock and the increase-and profits thereof and of enlarging the same from time to time by new subscriptions, 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 successors and assigns, and of selling, transferring and conveying in fee simple or 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 being sued, and of doing all and every other matter and thing which a corporation or body poliic may lawfully do."

en of the time

SECT. III. And be it further enacted by the authority aforesaid, That the commissioners aforesaid as soon as conveniently may be after the said letters patent shall be sealed and obtained, shall Notice to be giv. give notice in two of the public papers printed in Philadelphia, and one or more of the public papers printed at Wilkesbarre, of a time and place by them to be appointed, not less than thirty days from the publication of the first notice; at which time and place the said subscribers shall proceed to organize the said shall be chosen. corporation, and shall choose by a majority of votes of the said subscribers by ballot to be delivered in person or by proxy duly

of organizing the company.

How the officers

May make by. laws, &c.

authorized, one president and twelve managers, one treasurer, and such other officers as they shall think necessary to conduct Term of service. the business of the said company for one year and until such other officers shall be chosen, and the said managers so chosen and their successors shall and may make such by-laws, rules, orders and regulations not inconsistent with the constitution and laws of this State or of the United States as shall be necessary for the well ordering the affairs of the said company, and generally have like powers, authorities and privileges necessary for carrying on and completing the said turnpike road; and be subject to all the duties, qualifications, restrictions, penalties, fines, and forfeitures, and be entitled to like tolls and profits in proportion to the distance as are given and granted to "The president, managers and company of the Easton and Wilkesbarre turnpike road;" Provided, That if the said company shall not proceed to carry on the said work in three years after the passing of this act, or shall not within ten years afterwards complete the said road according to the true intent and meaning of this act, then in either of these cases, it shall and may be lawful for the legislature of the commonwealth to resume all and singular the rights, liberties, privileges and franchises by this act granted to the said company.

Tolls to be collected.

Work to be begun in three and

completed in ten years.

Penalty on failure.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the thirtieth day of March, one thousand eight

hundred and eleven.

SIMON SNYDER.

CHAPTER CVII.

An ACT granting an annuity to John Watson for life.

WHEREAS it appears to the legislature that John Watson served as a soldier in the Pennsylvania line in the late revolutionary war, and that while in the military service of his country, his constitution, from the particular services and privations

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