section of this act, and said prosecution shall not be sustained on the part of the prosecutors, then and in that case the person or persons prosecuted as aforesaid, shall receive from the company the sum of ten dollars, in lieu of damages arising from delay and a vexatious prosecution, recoverable as other fines under this act. SECTION 15. The president and managers of the said company shall Accounts. keep fair and just accounts of all money received by them from the said commissioners, and from the subscribers to the said undertaking, on account of the several subscriptions, and of all penalties for the delay of payment thereof, and of the amount of profits on the shares which may be forfeited as aforesaid; also all moneys by them expended in the prosecution of their work; and shall once at least in every year, submit such accounts to a general meeting of the stockholders, until the said road shall be complete, and until all costs and charges and expenses affecting the same, shall be fully paid and discharged, and the aggregate amount of such expenses shall be liquidated and ascertained; and if upon such liquidation, or when the capital stock of the said company shall be nearly expended, it shall be found that the capital stock will be insufficient to complete the said road, according to the true intent and meaning of this act, it shall and may be lawful for the said 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 an extent as shall be deemed sufficient to accomplish the work; and to receive and demand the moneys subscribed for such shares, in like manner and like penalties, as are hereinbefore provided for the original subscription as shall be provided for by their by-laws. Increase of shares SECTION 16. The president and managers and company shall also keep a just and true account of all and every of the moneys received by their several and respective collectors of tolls, at the several and respective gates or turnpikes on the said road, from the beginning to the end thereof; and shall make and declare a dividend, and when such Dividends. dividends shall exceed twelve per cent. per annum, then one-half of the surplus exceeding twelve per cent., to be paid into the state treasury for the benefit of the education fund; which abstract shall be verified by the oath or affirmation of the president or treasurer of the said company, the clear profits and income thereof, all contingent costs and charges being first deducted among all the subscribers to the said company's stock; and shall on the first Monday in May and December in every year, publish the half yearly dividend made of the said clear profits among the stockholders, and of the time and place when and where the same will be paid; and shall cause the same to be paid accordingly. SECTION 17. The said company shall cause mile stones to be placed Mile stones. on the side of the said road, whereupon shall be marked in plain legible characters, the respective number of miles which each stone is distant from the commencement of the said turnpike road, and at every gate or turnpike by them to be fixed on the said road, shall cause the distance from Philadelphia, and the distance from each of the nearest gates or turnpikes in each direction, to be marked in legible characters, designating the number of miles and fractions of a mile on the said gates, or some other conspicuous place, for the information of travellers and others, using the said road; if any person shall wilfully destroy Penalty for inthe said mile stones, or deface the same, or deface the directions made juring mile stones on the said gates or other conspicuous places aforesaid, or shall, without permission of the acting superintendent of the said road, throw out To "keep to the right." Commencement and completion limited. upon the road, or within the limits of the same, and suffer to remain for the space of one day any mould, dirt, shavings, weeds, bush, briars or rubbish of any kind, such person being convicted thereof by the evidence of one or more credible and disinterested witnesses, before a disinterested justice of the peace of the county, he or she shall be adjudged by the said justice to pay a fine of not exceeding three dollars, to be recovered with costs, as debts of like amount are by law recoverable; which fine, when recovered, shall be paid by the said justice to the treasurer of the said company, for the use of the said company. SECTION 18. All wagoners and drivers of carriages of all kinds and descriptions, whether of burden or pleasure, using the said road, (except when passing by a carriage of slower draught,) shall keep their horses and carriages 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 driver shall offend against this provision, he shall forfeit and pay any sum not exceeding two dollars, to any person who shall be obstructed in his passage, as will sue for the same, to be recovered with costs, before any justice of the peace of the county, in the same manner as debts of like amount are by law recoverable; and no wagoner or driver of carriages of any kind whatever, of burden or pleasure, using said road, shall pass any other vehicle going in the same direction, at a faster gate than a trot, at a rate not exceeding ten miles per hour, under a penalty of twenty dollars for each offence, recoverable before any justice of the peace, one-half to the use of the said company, and the other half to the use of the informant. SECTION 19. If the said company shall not proceed to carry on the said work within five years after the passage of this act, or shall not complete the same, or a part thereof, within ten years, according to the true intent and meaning of this act; then, in either of those cases, all and singular the rights, liberties and privileges and franchises hereby granted to the company, shall revert to this commonwealth. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The seventeenth day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. No. 208. AN ACT To annul the marriage contract of Jose Antonio Arbelo and Maria Arbelo. WHEREAS, It appears that Maria Arbelo, formerly Maria Carr, was married at Cuba, in the year one thousand eight hundred and twentynine, to Jose Antonio Arbelo, who by his neglect, ill usage, and aban- Preamble. donment of said Maria, and by other conduct incompatible with his duty to her, compelled her to separate and return to her parents in the county of Philadelphia, where she has resided since the year one thousand eight hundred and forty, separate from and without any further tidings of the said Jose Antonio Arbelo; therefore, 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 marriage contract entered into between Jose Antonio Arbelo and Maria Arbelo, be and the same is hereby declared null and void, and the parties discharged from all the obligations and liabilities growing out of the same, as fully and absolutely as if they had never been joined in marriage. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. We do certify that the bill, entitled "An Act to annul the marriage contract of Jose Antonio Arbelo and Maria Arbelo," was presented to the governor on the fourth day of April, one thousand eight hundred and forty-four, and was not returned within ten days, (Sundays excepted,) after it had been presented to him; wherefore, it has, agreeably to the constitution of this commonwealth, become a law in like manner as if he had signed it. WILLIAM JACK, Clerk of the Senate. HARRISBURG, April 17, 1844. Annual elections. Birmingham bridge and road company, for erecting a bridge over the Monongahela river. No. 209. A SUPPLEMENT To an act authorizing the governor to incorporate a company for erecting a bridge over the Allegheny river, opposite Pittsburg, in the county of Allegheny, passed March 20, 1810, and for other purposes. 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 a public meeting of the stockholders of the company for erecting a bridge over the Allegheny river, at Pittsburg, in the county of Allegheny, shall be held on the first Monday of March, in the year 1845, and every year thereafter, at such place as shall be fixed by the rules and orders of said company for the purpose of choosing officers for the ensuing year, and the determination of any question affecting the interests of said company; and that the fourth section of the act incorporating said company, be and is hereby repealed. SECTION 2. That the act, entitled "An Act authorizing the governor to incorporate a company to erect a bridge over the Monongahela river, at the borough of Birmingham, in the county of Allegheny, with power to construct a turnpike road from the south end of Denman street, in said borough, to intersect the Monongahela and Coal Hill turnpike road," passed the third day of April, Anno Domini one thousand eight hundred and thirty-seven, be and the same is hereby revived and reenacted with the same force and effect, upon the same terms and conditions, and for the same length of time, from and after the passage of this act, as the act aforesaid had and did from the date of its enactment, except only that the number of shares of stock required to be subscribed prior to the issue of letters patent to incorporate said company, be and are hereby reduced from sixteen hundred to five hundred shares. JAMES ROSS SNOWDEN, Speaker of the House of Representaiives. WILLIAM BIGLER, Speaker of the Senate. APPROVED The eighteenth day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 210. AN ACT To authorize the governor to incorporate the president, managers and company of the Richborough and Feasterville turnpike road company. 6 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 avihority of the same, That Samuel Thompson, Benjamin Croasdale, Joseph Comly, John R. Bo- Commissioners. dine, John Thompson, Mahlon Miller, James Gaine, William K. Slack, John Leffents, Joseph Addis, Isaac Prayl, Adrian C. Kraison, Howard R. Sagers, James M'Nair, John Lukens, Thomas Warner, James Simpson, Simpson Thompson, Henry Gill, Jesse P. Carver, Samuel Comfort, George Chapman, Franklin Comly, Thomas Chapman, William N. Thompson, George Warner, Thomas Smith and Isaiah Warner, are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: They shall, on or before the first Monday of June next, procure one or more books and enter in each of them as follows: "We, whose names are hereunto Form of subscripsubscribed, do promise to pay unto the president and managers of the tion. Richborough and Feasterville turnpike road company, the sum of twenty-five dollars for every share of stock set opposite our respective names, in such manner and proportion, 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 authorize the governor to incorporate a company for making an artificial road from Richborough to Feasterville, Bucks county.'Witness our hands, the day of in the year of our Lord, one thousand eight hundred and forty." And shall, thereupon, give notice in one or more of the public newspapers printed in Bucks county, for one month at least, of the times and places, when and where the said books shall be opened to receive subscriptions for the stock of Subscriptions. the said company, at which respective times and places some one of the commissioners shall attend and permit all persons of lawful age, who shall offer to subscribe in the said books in their own name, or in the name of any other person or persons, who shall duly authorize the same, for any number of shares in said stock; and the said books shall be kept open, respectively, for the purpose aforesaid, at least six hours in every juridical day for the space of six days, or until said books, so opened, shall have four 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 transfer the said books from place to place, until the whole number of shares shall be subscribed, of which adjournment and transfer the commissioners aforesaid, shall give such public notice as occasion may require; and when the whole number of shares subscribed in all the said books, shall amount to four hundred shares, the same shall be closed. SECTION 2. That when twenty or more persons shall have subscribed one hundred or more shares of the said stock, the commissioners, or a |