Damages, mode of assessment and payment.

Moneys, expenses, &c.

Dividends.

any such instalment as aforesaid, for the space of thirty days as aforesaid, the said president and managers may, at their election, cause suit to be brought before a justice of the peace, or in any court having competent jurisdiction for the recovery of the same, together with the penalty aforesaid.

SECTION 9. That it may be lawful for the said president and managers, by and with their superintendents, engineers, artists, workmen and laborers, their tools and instruments, carts, wagons and other carriages, and beasts of draught and burden, to enter into and upon the lands contiguous and near to which the said road shall be made or constructed, first giving notice to the occupiers thereof, and doing as little damage thereto, as possible, and making amends for damages, upon a reasonable and equitable agreement of the parties, or if they cannot agree, then upon a just and equitable assessment, to be made upon oath or affirmation, by three disinterested freeholders, or any two of them, to be mutually chosen, or if either party shall neglect or refuse to join in the choice, then to be chosen by a justice of the peace of Adams or York counties, wherever the cause of dispute arises, and who shall not be interested therein, and upon tender of the value thus assessed, to dig, take, and carry away any timber, stone, sand, earth, or other materials suitable or necessary for making said road; and to remove or cause to be removed any fences, trees, or other obstructions in any way impeding or hindering the making and construction of said road.

SECTION 10. That the said president and managers shall keep fair and just accounts, as well of all moneys received by them, as of those paid, laid out, and expended in the prosecution of said work, and shall, at least once a year, submit their books and accounts to a general Annual meeting. meeting of the stockholders, to be held on the first Monday of June, annually, on which day, or within five days thereafter, the dividends are to be made out and declared; and whenever it shall be ascertained that the capital stock of said company is not sufficient to complete said road, according to the true intent and meaning of this act, it shall and may be lawful for the president and managers, at a stated or special meeting convened according to the provisions of this act, or their own by-laws, to increase the number of shares to such extent as they shall deem sufficient to accomplish said work; and to demand and receive the money subscribed for such additional shares, in like manner, and under the like penalties as are provided by this act, in the case of the original subscriptions.

Bridges, &c.

Proviso.

SECTION 11. That the president and managers shall have power to erect good and sufficient bridges over all the streams of water crossed by said routes, and to build culverts whenever the same may be necessary, and to use any bridge or bridges now constructed over any streams crossed by said route, and shall cause a road to be laid out, not exceeding forty feet in width, and shall cause at least eighteen feet of said width to be made an artificial road, with shoulders of eight inches deep, well filled with pounded stone, gravel, or other proper and durable materials, pounded sufficiently fine to pass through a four inch ring, as the nature of the ground will require; to be constructed in such manner that there will be a gradual rise to the centre, by a gradual arch to the height of fourteen inches from the level, and in no place of said road shall there be an elevation of more than five degrees from a horizontal line, and shall forever thereafter maintain and keep the same in good order and repair: Provided also, That it shall and may be lawful for the said president and managers, whenever they may deem it necessary, to cut down and prostrate any timber or trees of any kind on each or either

side of the said road, within a distance not exceeding thirty-feet from the centre of said road.

SECTION 12. That whenever, and as soon as the said company have finished one mile or more of said road, the president thereof may give notice to the governor, who shall, thereupon, forthwith appoint three skilful, judicious and disinterested persons to view and examine the same, and report, on oath or affirmation to him, whether the road is so far executed in a competent and workmanlike manner, according to the true intent and meaning of this act, (and the like proceedings to be had whenever said road is finished,) and if their report be in the affirmative, then the governor shall, by license, under his hand and the seal License. of the state, permit and suffer said company to erect one gate or turnpike upon and across said road, and to collect from all persons travelling the same, otherwise than on foot, the tolls hereinafter authorized and granted: Provided, That all persons attending funerals, militia parades and trainings, divine worship, academies or schools, shall at all times be exempt from the payment of any toll on said road.

SECTION 13. That the said company having perfected the said road, Toll gatherers. or such part thereof, from time to time as aforesaid, and the same being examined, approved and licensed as aforesaid, it shall and may be lawful for them to appoint such and so many toll gatherers as may be necessary for two gates, which, when said road is finished, they are hereby authorized to erect upon and across said road to collect and receive of and from all and every person or persons using the said road, the tolls and rates hereinafter mentioned, and to stop any person or persons Tolls. riding, leading, or driving any horse, cattle, hogs, sheep, sulkey, chair, chaise, phaton, buggy, barouche, cart, wagon, wain, sled, sleigh, or other carriage of burden or pleasure from passing through the said gates, until they shall have respectively paid the same, that is to say: For persons travelling, driving, or going the whole distance and returning the same day, the following sums of money, and for any part less than the whole distance and returning the same day, one-half of said sums of money, or for any greater or less number of sheep, hogs or cattle, in proportion, to wit: For every score of hogs, three cents; for every score of sheep, two cents; for every score of cattle, eight cents; for every horse or mule, laden or unladen, with his rider or leader, two cents; for every sulkey, chair, chaise, with one horse and two wheels, four cents; and with two horses, six cents; for every buggy, barouche, coach, phaton, chaise, stage, empty wagon, coachee or light wagon, with one horse and four wheels, six cents; for either of the carriages last mentioned, with two horses, eight cents; for either of the carriages last mentioned, with four horses, twelve cents; for every other carriage of pleasure, under whatever name it may go, the like sums, according to the number of wheels and of horses drawing the same; for every sleigh or sled, two cents for each horse drawing the same; for every loaded cart, wagon, or other carriage of burden, whose wheels do not exceed four inches in breadth, for every such cart three cents; and for every such wagon or other carriage of burden, six cents; and two cents additional for every horse; and when any such carriage as aforesaid shall be drawn by oxen or mules, in the whole or in part, two oxen shall be estimated as equal to one horse, and every ass or mule as equal to one horse, in charging the aforesaid tolls: Provided, That the said company are Proviso. hereby authorized, if they deem it expedient, to exempt all wagons having wheels or tires of six inches in breadth, from one-half of the rates or tolls to be taken by said company.

Powers, authori

SECTION 14. That the said company shall have all the powers, ties, rights, &c. authorities, rights and privileges, and be subject to all the penalties which are given by sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twentythree and twenty-four of an act, entitled "An Act authorizing the governor to incorporate a company for making an artificial road from the borough of Easton, in the county of Northampton, to the town of Wilkesbarre, in the county of Luzerne, passed the eleventh day of February, A. D. one thousand eight hundred and three," so far as they are not inconsistent or incompatible with, or altered or amended by this present act, as fully as if they were here recited and passed section by section: Provided, That after a lapse of a number of years, as provided in the seventeenth section of this act of one thousand eight hundred and three, said tolls should yield a dividend of six per centum, a majority of the stockholders, at a stated or special meeting, shall be at liberty to decide whether to apply the surplus to an extension of said road in the direction of the borough of Gettysburg, in the said county of Adams; and if a majority shall so decide, the fact shall be certified by the president to the next session of the legislature, and said decision shall be taken as of full force, in lieu of the concluding provisions of said seventeenth section of said act of one thousand eight hundred and three, and subject to the further action of the legislature.

Proviso.

Penalty for cattle running at large.

Commissioners

and supervisors

of Adams and

York counties, to subscribe stock.

Commencement and completion.

Business.

SECTION 15. That no cattle, hogs or sheep shall be suffered by the owners thereof to run at large on said turnpike road or any part thereof, excepting droves when their owners are driving them to market, or such as may be driven by their owners to pasture, after notice given to the owner or owners of the same, under the penalty of one dollar for every such offence, to be recovered as debts of like amount are recoverabe before a justice of the peace; and the owner of any farm, where a gate may be erected, may drive his horses, cattle, sheep or hogs to and from pasture where of necessity he must pass through said gate from his dwelling to any other part of his said farm, and may also pass and repass with his team for farming purposes as aforesaid free of any toll; but in driving his cattle, sheep or hogs, and passing or repassing to or from any other field, tract, or lot of land, disconnected from or not lying, adjoining and contiguous to his farm, shall not be allowed to pass free of toll.

SECTION 16. That the commissioners of Adams and York counties, and the supervisors of the townships of Conewago, Mount Pleasant, Berwick, and Union, in Adams county, and the supervisors of the township of Heidelburg, and the burgess of the borough of Hanover, in the county of York, shall be at liberty to subscribe stock in the books of said company, which stock, so taken, shall be the exclusive properties of said counties, townships and borough, and paid for by orders drawn by the commissioners on their county treasurers, by the supervisors out of their road taxes and to be allowed by the township auditors, and by orders of the burgess on the borough treasurer, and to be allowed by the town council, and they shall respectively be entitled to the number of votes stated in section three of this act.

SECTION 17. That if the said company do not commence making the said road within five years after the passage of this act, and complete the same within ten years thereafter, then this act shall be void.

SECTION 18. That the company hereby authorized to be incorporated shall not at any time do, perform, or engage in any other business

than such as shall properly belong to the functions of a turnpike com

pany.

FINDLEY PATTERSON,

Speaker of the House of Representatives.
WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The second day of April, one thousand eight hundred and forty-five.

FRS. R. SHUNK.

No. 204.

AN ACT

Conferring on George P. Heller, and Phineas Marsden, the rights and privileges of children born in lawful wedlock.

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

George P. Heller, of the town of Milford, in the county of Pike, son of Geo. P. Heller. John M. Heller and Margaret Heller, shall have and enjoy all the rights, benefits and advantages of a child born in lawful wedlock; and shall be able and capable in law to inherit and transmit any estate whatsoever, as fully and completely, to all intents and purposes, as if he had been born in lawful wedlock.

SECTION 2. That all the rights and privileges of a child born in law- Phineas Marsden ful wedlock, are hereby conferred on Phineas Marsden, a natural son

of Margaret Marsden, late of Mount Pleasant township, Adams county,

deceased.

SECTION 3. That Catharine Kelso, and Mary Jane Kelso, daughters Catharine and of Henry B. Kelso, late of the territory of Wisconsin, deceased, shall Mary Jane Kelso. have and enjoy all the rights, benefits and advantages of children born in lawful wedlock; and shall be able and capable in law to inherit and transmit any estate whatsoever, as fully and completely, to all intents and purposes, as if they, the said Catharine and Mary Jane, had been born in lawful wedlock.

SECTION 4. That Jefferson Sousser, a son of Joel Sousser and Ann Jefferson Sousser. Sousser, (late Ann Kline,) of Berks county, and born some time before the marriage of the said Joel Sousser and Ann Sousser, shall have and enjoy all the rights, benefits, and advantages of a child born in lawful wedlock; and shall be able and capable in law, to inherit and transmit any estate whatsoever, as fully and completely to all intents and purposes, as if he had been born subsequent to the intermarriage of his said parents.

FINDLEY PATTERSON,

Speaker of the House of Representatives.
WILLIAM P. WILCOX,
Speaker of the Senate.

APPROVED-The third day of April, one thousand eight hundred and

forty-five.

FRS. R. SHUNK.

No. 205.

AN ACT

To protect certain loanholders.

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 Philadelphia and no loan of money or contract heretofore made by any person or persons Reading railroad to or with the Philadelphia and Reading railroad company, shall be deemed or taken to be usurious, for or by reason of such company agreeing to pay a greater interest than at the rate of six per cent. per annum, or giving its bonds or other evidences of debt for a greater sum than the sum actually lent them; but such loans and contracts shall be deemed and taken to be lawful and valid.

company.

APPROVED-The third day of April, one thousand eight hundred and

forty-five.

FRS. R. SHUNK.

No. 206.

AN ACT

To annul the marriage contract between Elizabeth Hartman and Joseph Hartman.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the marriage contract entered into between Elizabeth Hartman and Joseph Hartman, of Northampton county, be and the same is hereby declared null and void, and the parties discharged from all obligations and liabilities growing out of the same, as fully and absolutely as if they had never been joined in marriage.

FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The third day of April, one thousand eight hundred and

forty-five.

FRS. R. SHUNK.