rantee may dis &c. before-mentioned and required, his previous settlement shall be the original wax considered abandoned after said first day of June, one thousand pose of the same eight hundred and thirteen, and it shall be lawful in such cases after the said day for the original warrantee or his representa tive, to dispose of the same, in the same manner and under the same conditions as lands where no actual settlement was commenced; and on the same conditions and under the same exceptions as in other cases, will the commonwealth cease to have any further claim to such tracts of land. evicted by the titled to similar actual settler un SECT. V. And be it further enacted by the authority aforesaid, Actual settler That every actual settler who had commenced an actual settle- warrantee enment and residence on a tract of land heretofore surveyed on an benefits with the original warrant, adverse to the warrantees, and who has been der this act, and evicted therefrom by process of law at the suit of the warrantee of 3rd April 1792. or his legal representatives, shall be entitled to all the benefits of an actual settler under this act and the act of the third of 150 acres to ment or either the claim of the April, one thousand seven hundred and ninety-two, and upon Warrantee the warrantee or his legal representatives releasing to such set- releasing tler or his legal representative one hundred and fifty acres of the settler inclu said tract and the usual allowance to be surveyed and laid off by ding his improve the proper deputy-surveyor, including said settler's improve- party purchasing ment clear of expense, or in cases where either party shall pur- other, the claim chase the right or claim of the other to said tract of land, in wealth to cease, such case the commonwealth shall cease to have any further claim to said tract, but the title shall be ratified and confirmed to the said settler and warrantee accordingly. of the common &c settlement has what manner warrant holder settler. SECT. VI. And be it further enacted by the authority aforesaid, When no actual That in all cases where no actual settlement and residence as been made, in aforesaid now exist, or has been made on a tract of land here- title may be actofore surveyed on an original warrant, but the warrantee or quired by the his legal representative shall, before the first day of June, one and subsequent thousand eight hundred and fourteen, agree with any person or persons to commence an actual settlement on said tract on or before the said first day of June, one thousand eight hundred and fourteen, and release to such actual settler his claim to a hundred and fifty acres and allowance of said tract clear of expense, to be laid off by the deputy-surveyor of the proper county; and said person or persons, his or their legal representatives, shall commence an actual settlement on the same before said time and continue a residence thereon for five years next dence and nature following the first commencement, and within that time clear, of the improvefence and cultivate at least two acres for every hundred acres in said survey, and erect a house thereon fit for the habitation of man, in such cases the commonwealth shall cease to have any further claim to said tract and will confirm and ratify the title to the same. Term of resi ments required. SECT. VII. And be it further enacted by the authority aforesaid, on what terms That where patents commonly called prevention-patents have preventing L prevention tain new ones. patents may ob- issued to said party or parties for said land, and he, she or they, shall request a new patent for the same land, it shall be granted on payment of the usual fees of office, and on delivering up the old patent to the secretary of the land-office that it may be can In what cases and fees shall be refunded. celled. SECT. VIII. And be it further enacted by the authority aforesaid, purchase money That in all cases where the original warrantee or his legal representative shall compromise with an actual settler for a tract of land in any of the ways before mentioned, and where a new warrant of default shall have been issued for the same tract, the state treasurer shall repay the amount of purchase-money that may have been paid for said vacating-warrant, together with the fees of office. This act not to affect prior agreements, unless an agreement takes place ties before the 1st June, 1813, SECT. IX. And be it further enacted by the authority aforesaid, That none of the provisions in the foregoing sections of this act shall be construed to affect any agreement heretofore made between the par- between an actual settler who has made the settlement, residence and improvements, on a tract of land, and any person who was to procure the title for the said settler, and on which tract of land the original warrantee had failed to fulfil the conditions of the said ninth section of the said act of one thousand seven hundred and ninety-two, but all such contracts shall remain as heretofore, unless an agreement shall take place between all parties concerned before the aforesaid first day of June, one thousand eight hundred and thirteen, or the original grantee or his legal representative shall release his claim to the contracting parties, In all such cases on which release taking place, the state in all such cases will cease to have any further claim to said land, and the titles shall be ratified and confirmed accordingly. or the original ing his claim to grantee releas the contracting parties. commonwealth to cease. Evidences of ageements to be recorded in the proper county and a copy trans mitted to the secretary of the Jand-office, on which, with proof of settle ment, patents to issue. Process when to be served. SECT. X. And be it further enacted by the authority aforesaid, That the party or parties to any of the compromises or agreements, mentioned in the foregoing sections, shall cause the evidence of such agreement or compromise to be recorded in the office for recording of deeds of the county in which the said land lies, and a certified copy thereof transmitted to the secretary of the land-office shall be evidence of such agreement, and the usual proof of settlement and residence being filed in said landoffice, patents shall thereupon issue agreeable to the provisions in the foregoing sections, any thing herein before said to the contrary notwithstanding. SECT. XI. And be it further enacted by the authority aforesaid, issued, on whom That any civil process which shall be issued out of any court of record or from any alderman or justice of the peace within this commonwealth, against the Holland land company, the Pennsylvania population company, or the North-American land company, or other warrant holders, by the name of the respective companies or warrant holders, as the case may require, shall be served on the agent or attorney in fact of said company, service and re similar proceed or other warrant holders, in cases where attornies or agents are On proof of such or may be appointed; and on due proof of said service, and on turn thereof return thereof being made according to law, the same proceedings to be had ing shall be had thereon against any of said companies or war against comparant holders, their agents or attornies, as is had against other other defendants defendants in like cases, agreeably to the laws of this commonwealth. nies, &c. as in like cases. warrantee enti proof of settle chain of title. SECT. XII. And be it further enacted by the authority aforesaid, Actual settler That in cases where an actual settler may heretofore have pur- the right of a having purchased chased the right of a warrantee to a tract of land, north and west tied to a patent of the rivers Ohio and Allegheny, and Conewango creek, where- on producing on he may have made an actual settlement agreeably to the act ment and regular of the third of April, one thousand seven hundred and ninetytwo, and where such settler shall apply to the land-office to patent the same, it shall be the duty of the secretary of the land-office to grant such patent on the usual proof of settlement being made, and a regular chain of title being produced from such warrantee and the arrears of purchase money, (if any there be,) and the usual office fees being first paid; Provided, That nothing con- Proviso. tained in the foregoing shall be construed to prevent the commonwealth at any time hereafter from asserting her right in cases Saving certain rights to the of forfeiture under the act of the third of April, one thousand commonwealth. seven hundred and ninety-two, where the warrant holders and actual settlers shall fail to embrace the provisions of this act. SECT. XIII. And be it further enacted by the authority aforesaid, This act to be That this act be published four weeks successively in one news- tain newspapers, paper in the city of Philadelphia, and in such other newspapers published in the western counties of this state, as the governor may think proper to direct, on or before the first day of June next, and the expense thereof shall be paid out of any unappropriated money in the treasury after settlement made by the accountant department. 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 eleven. published in cer &c. SIMON SNYDER. CHAPTER LXVIII, An ACT authorizing Joseph Kirkbride to build a Toll-bridge over Frankford creek. 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 Joseph authorized to build a bridge over Frankford creek, Joseph Kirkbride Kirkbride, his heirs or assigns, be authorized to build and maintain a bridge over Frankford creek where his ferry is now kept, and that the said bridge shall be so constructed as to leave sixty feet in the middle or deepest part of the said creek open for all vessels or rafts passing or repassing under the same, and shall be built of such height as to leave eight feet clear above common high-water-mark, and shall be of the breadth of eighteen feet, with a good and sufficient railing on both sides, and shall likewise contain a draw of eighteen feet wide in the middle or deepest part of said creek, to be so constructed that it may be easily and quickly raised, in order that the passage of masted vessels may not be prevented. Manner in which the bridge is to be constructed, No toll to be exacted for raising the draw. Penalty for un SECT. II And be it further enacted by the authority aforesaid, That no toll or exaction shall be demanded of any person for raising the said draw for the passage of any masted vessel; and necessary delay. if any owner of such masted vessel shall be prevented for more than half an hour from passing up or down the said creek, by reason of the said draw not being raised, the proprietor of the said bridge shall, on conviction thereof before any justice of the peace of the proper county forfeit and pay to the person so hindred, the sum of five dollars for every half hour beyond the said time that he shall be so prevented, and in the same proportion for a longer or shorter time. Lamps to be affixed on each all night, SECT. III. And be it further enacted by the authority aforeside of the creek, said, That the proprietor of the said bridge shall cause a lamp to and kept burning be placed on each side of the said creek in the most convenient position for lighting the said bridge, which lamps shall be regularly lighted every evening as soon as it shall grow dark, and shall continue lighted until day-light on the ensuing morning, excepting only at such times as the light of the moon may render the same unnecessary, under the penalty of five dollars for every such omission, to be recovered as debts of like amount are by law recoverable, one half whereof shall be paid to the overseers of the poor, for the use of the poor of the proper district, and the other half to the person suing for the same. except when moon-light. Penalty for ne glect, Bridge to be kept n repair. Bate of tolls, SECT. IV. And be it further enacted by the authority aforesaid, That the proprietor of the said bridge shall at all times keep the same in good repair, and for crossing the same shall be entitled to receive the following rates or tolls, to wit; For each and every footman one half cent; for every man and horse, one and an half cents; for every phaeton, chariot or coach with two horses, twelve and a half cents; for the same with four horses, eighteen cents; for every sulkey, chair, chaise or sleigh, with one horse, four cents; for the same with two horses, six cents; for every cart or waggon with one horse, three cents; for the same with two horses, four cents; for the same with four horses, six cents; for every horse, cow, heifer, bull, ox or steer, one half cent; for every score sheep or swine, two cents; and in the same proportion for a greater or less number; Provided Proviso. manding illegal toll. SECT. V. And be it further enacted by the authority afore- Penalty for desaid, That if the said Joseph Kirkbride, his heirs or assigns, or any person employed by them shall collect or demand any greater rate of prices of toll for the passing over said bridge than what is herein before prescribed, or shall neglect to keep the said bridge in good repair, he or they shall, for every such offence, forfeit and pay ten dollars, for the use of the poor of the proper district, to be recovered before any justice of the peace in and for the county of Philadelphia; Provided always, That no suit Proviso. shall be brought in this respect unless within twenty days after the offence is committed; Provided also, That the person aggrieved shall be a competent witness in the case. How fines to be appropriated. &c. SECT. VI. And be it further enacted by the authority afore- Penalty for insaid, That if any person or persons shall wilfully pull down, juring the bridge, break or destroy with intent to injure any part or parts of the said bridge, or any toll-house, gates, bars or other property of the said Joseph Kirkbride, appurtenant to, or erected for the use and convenience of the said bridge, or shall wilfully deface or destroy the letters, or figures in any written or printed list of the rates or tolls affixed in any place or places for the informa tion of passengers or others, or who shall wilfully and maliciously obstruct or impede the passage on or over the said bridge or any part or parts thereof, he, she or they so offending shall each of them forfeit and pay for every such offence, to the said Joseph Kirkbride, his heirs or assigns, any sum not exceeding five dollars, to be sued for and recovered before any justice of the peace recovered as debts of like amount are recoverable, and he, she or they so offending shall remain liable to actions at the suit of said Joseph Kirkbride for such wrongs if the said sum or sums herein mentioned be not sufficient to repair and satisfy said damages; Provided always, That no such suit shall be brought unless within twenty days after such offence shall have been coinmitted. How fines to b one and complet. SECT. VII. And be it further enacted by the authority afore- Building to com said, That if the said Joseph Kirkbride, his heirs or assigns, mence within shall not commence the building of said bridge within one year ed within two after the passing of this act, or shall not within four years after complete the same, according to the true intent and meaning of years, |