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for every horse and rider, four cents; for every foot passenger, one cent;
for every sulkey, chair or chaise, with one horse and two wheels, ten
cents; for every pleasure carriage, with four wheels and one horse,
twelve and an half cents; for chariot, coach, phæton or chaise, with two
horses and four wheels, fifteen cents; for the aforesaid carriages, with
four horses, twenty cents; and every other carriage of pleasure, under
whatever name, the like sum, according to the number of horses draw-
ing the same; for every wagon for burden and agricultural use, for one
horse, five cents; for every such wagon, drawn by two horses, ten
cents; for every such wagon. drawn by four horses, twenty cents; for
every sleigh, five cents; and for every horse drawing the same, five
cents; and two oxen shall be estimated equal to one horse: Provided, Proviso.
That the said bridge shall be so constructed as to admit any load not
exceeding four tons, and not drawn by more than six horses or oxen, at
all times to cross it: the said president and managers, however, to have
the power to increase the rate of toll to be demanded for any carriage of
burden crossing said bridge, laden with more than four tons, to an
amount not exceeding treble the above rates, and grade the rate of horses
drawing the same.

SECTION 11. If the said company, or their successors, or any person Penalty for exactor persons by their authority, shall collect or demand any greater toll ing too great toll. for passing over said bridge, than which is herein prescribed and specified, or shall neglect to keep the same in good repair, or to keep a list of the rates of toll placed near the bridge, on ten days notice given by a justice of the peace of the said counties, they, so offending, shall for every offence forfeit and pay the sum of five dollars, to be recoverable as debts of the same amounts are by law recoverable; one moiety thereof to the use of the poor of the county where recovered, and the other moiety to the use of the person who shall sue for the same; but no suit shall be brought unless commenced within thirty days after the offence shall have been committed.

SECTION 12. The said president and managers shall keep a just and Accounts. true account of all the moneys received as toll for crossing the said bridge, or otherwise, and shall make and declare a dividend of the Dividends. profits and income, after deducting costs, expenses and charges; and shall on the first Monday of January, in every year, publish the dividends to be made of the clear profits thereof among the stockholders, and of the time and place, when and where the same is to be paid, and shall cause it to be paid accordingly: Provided, That it shall be Proviso. lawful for the said president and managers, in making and declaring any dividend, to reserve such sum or proportion of the clear yearly income, not exceeding two per cent. of the capital stock, as they may think proper to form a contingent fund, for the purpose of repairing and re-building the said bridge in case of a decay or injury, and the same to invest on such security, or in such stock as they shall deem safe and productive, and the interest arising from the same, again to in. vest, and the same stock again to sell or transfer at any time when the funds may be required for the purpose aforesaid.

SECTION 13. It shall be lawful for the president and managers afore- Oath. said, to cause the toll collector or collectors and watchman, or men of said bridge to take and subscribe an oath or affirmation before a justice of the peace of said counties, that he or they will faithfully hire themselves in his, or their respective stations, and honestly account to the treasurer of the company for all the money collected by him or them, and diligently attend to the discharge of his or their duty, by watching with vigilance over the interests of said company and the safety of the

Penalty for injuring property.

Commencement and completion limited.

Proviso.

Free bridge authorized.

bridge, and generally to execute with care and fidelity whatever lawful engagements he or they may enter into with the president and managers of said company.

SECTION 14. If any person or persons shall wilfully pull down, break, injure or destroy any part or parts of said bridge, or any toll house, gates, bars, or any other property of the said corporation appertaining to, or erected for the use and convenience of said bridge, or of the person employed for the purpose of attending to the same, or shall wilfully, without the consent or order of the said corporation, deface or destroy any list of the rates of toll affixed in any place or places for the information of passengers and others, or who shall wilfully or maliciously obstruct or impede the passage on or over said bridge, or any part or parts thereof, he, she or they so shall each of them forfeit and pay for each and every such offence to the said corporation, the sum of ten dollars to be recovered before a justice of the peace, as debts of like amount are recoverable; and if any person shall be guilty of carrying any lighted segar or pipe, or of carrying fire in any manner whatsoever over said bridge, except in a lantern or in some vessel secured, so that the probability of setting fire to said bridge shall be fully prevented, or who shall discharge any pistol or gun or any fire arms, on or near said bridge, so that the said bridge might by possibility be set on fire, or injured by said cause, he or she so offending, shall forfeit and pay to said corporation the sum of five dollars for every such offence, to be recovered as aforesaid; but no suit shall be brought for any of the aforesaid offences, unless commenced within thirty days after it shall be known who committed said offence; and he or they so offending, shall remain liable to actions at the suit of said corporation for such wrongs, if the sums herein mentioned be not sufficient to repair and satisfy said damage.

SECTION 15. If the said company shall not proceed to carry on the said work within three years after they shall have been incorporated, or shall not within the space of five years thereafter, complete the said bridge, it shall and may be lawful for the legislature of this commonwealth to resume all and singular, the rights, liberties and privileges hereby granted to the said company: Provided also, That the president and managers shall annually, in the month of January, publish in one or more newspapers, printed in each of the aforesaid counties, a full account of the cost of building and repairing said bridge, and the amount of toll received.

SECTION 16. If at any time hereafter the counties of Montgomery and Chester, or either of them, the state of Pennsylvania, or any incorporated town in the state, shall think proper to purchase the said bridge, for the purpose of making it a free bridge, the said company shall be obliged to sell the said bridge, for such a sum as the majority of twelve disinterested men, appointed by the court of common pleas, in either of the above mentioned counties, may judge the same to be worth; and that so much of any act or acts of assembly as are hereby altered or supplied, be and the same are hereby repealed.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The fifteenth day of March, one thousand eight hundred

and forty-four.

DAVID R. PORTER.

No. 83.

A FURTHER SUPPLEMENT

To the charter of the borough of York.

SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That

at the annual election for borough officers, to be held in the borough of Election of burYork, on the first Saturday of May, one thousand eight hundred and gesses. forty-four, and at every such annual election thereafter, the qualified electors of said borough, instead of choosing two able freemen of the inhabitants of said borough to be burgesses as heretofore, shall choose one such freeman to be chief burgess, and another to be second burgess, who shall respectively perform the duties of said office; and it shall be the duty of the six persons elected to be assistant burgesses, of the borough of York, at the said first mentioned annual election, to draw from a box, at the first regular meeting of the burgesses and assistant burgesses of said borough, after said election, ballots, three of which shall be numbered "two years," and three "one year;" and the three assistant burgesses who shall each draw a ballot number two years," shall hold their offices for two years; and the three who shall each draw a ballot numbered "one year," shall hold their offices for one year; and thereafter, on the first Saturday of May in each and every year, there shall be elected three assistant burgesses, who shall succeed those whose term shall have expired, and hold their offices for two years: Provided, Proviso. That the other officers of said borough shall be elected or appointed as is prescribed by existing laws.

SECTION 2. That the burgesses and assistant burgesses of said bor- Vacancies. ough are hereby authorized and empowered to fill all vacancies which may occur in their own body, or in the office of town clerk, by death, resignation, removal from the borough, or otherwise, by appointing a person or persons, as the case may require, to serve until the next annual election for borough officers, when the qualified citizens of said borough shall elect a proper person or persons, either to fill the unexpired term or terms so left vacant, or as successor or successors to him or them, by whose death, resignation, removal, or other act or delinquency such vacancy shall have been occasioned, as the case may require.

SECTION 3. That the first section of the act, passed on the twenty- Paving and imthird day of April, one thousand eight hundred and twenty-nine, entitled proving. A further supplement to the charter of the borough of York," be and the same is hereby so amended as, that whenever two-thirds in number of the owners of property, on the sides fronting on any of the streets, lanes or alleys of said borough, of any two opposite squares in said borough, shall have assented to have them or any of them regulated, paved and improved, the burgesses and assistant burgesses shall proceed to give the notice required in said section, to the owners of property on said sides of squares; and shall be invested with all the powers therein conferred upon them, in cases where the owners of property shall refuse or neglect to make such pavement or improvement, as fully as if twothirds of the owners of property on entire streets, lanes and alleys, had expressed their assent to such regulation, pavement and improvement.

Decayed pave

ments.

ments.

Proviso.

SECTION 4. That the burgesses and assistant burgesses of the borough of York, be and are hereby authorized to require and compel all owners of property, in said borough, to renew all pavements made in front of their respective properties, which shall have decayed or worn out; and should any owner of property refuse or neglect, after having received one month's notice from the burgesses and assistant burgesses, by the hands of any borough officer, to renew any such pavement in front of his property as aforesaid, the burgesses and assistant burgesses, then and in that case, shall cause the said pavement to be renewed, and present the bill of the expenses thereof to the person or persons, who shall have so neglected or refused; and on refusal to pay the said bill, the burgesses and assistant burgesses may recover, before any justice of the peace or court of competent jurisdiction, the amount of said bill, as debts of a similar amount are now recoverable by existing laws.

SECTION 5. That the pavements on High and George streets, in said Width of pave- borough, shall be twelve feet in width, and on other streets therein, which are sixty feet wide, the pavements shall be ten feet in width: Provided, That whenever a majority of the owners of property, on the sides fronting on George or High streets aforesaid, of any two opposite squares, shall make known their wishes by petition to the burgesses and assistant burgesses, to have the width of the pavement in front of their respective properties increased to sixteen feet, the said burgesses and assistant burgesses are hereby authorized to carry out the wishes of said owners of property, in the same manner, under the same restrictions, and with the same rights of recovery against delinquent owners of property on said fronts of squares, as are conferred upon them in the fourth section of this act, in the case of persons refusing to renew their pavements.

Party walls.

Suspicious per

sons.

Turnpikes in the borough.

SECTION 6. That the regulators of said borough shall not lay out the foundations of any wall or walls, to be built between party and party, more than four and one half inches, upon the land adjoining that on which any building is about to be erected, without the consent of the owner of such adjoining property; and so much of the twelfth section of the act, passed on the twenty-fourth day of April, one thousand seven hundred and eighty-seven, entitled "An Act for erecting the town of York, in the county of York, into a borough, for regulating the buildings, preventing nuisances and encroachments on the common, squares, streets, lanes and alleys of the same, and for other purposes therein mentioned," as provides that the foundations of all party walls in said borough shall be equally laid out upon the lands of the persons between whom such party wall is to be made, be and the same is hereby declared not to extend to any such wall which shall be more than nine inches in thickness.

SECTION 7. That all suspicious persons, who may be found strolling or wandering about any of the streets, lanes and alleys of the said borough, after the hour of ten o'clock at night, and all drunken, disorderly and riotous persons, who either by day or night shall make noise or disturbance on any of said streets, lanes and alleys, shall be liable to be taken up by the high constable or any watchman of said borough, and confined in such place as may be appointed by the burgesses and assistant burgesses for a watch house, for any length of time not exceeding twenty-four hours.

SECTION 8. That all turnpike road companies which by their charters are empowered to construct their roads to any point within the corporate limits of the borough of York, shall be and are hereby required to conform their roads to the grades and formations of the respective streets

upon which they are laid, as fixed by the regulators of said borough. and to make, repair and renew so much of their roads as lies within the .said corporate limits, whenever thereunto required by the burgesses and assistant burgesses of said horough; and the said turnpike road companies shall be liable to all the penalties prescribed in their respective charters, for not keeping their roads in good and passable order, in case of failure to comply with the requisitions of said burgesses and assistant burgesses, for and during the space of one calendar month, after notice shall have been served upon any president, treasurer, director, secretary or toll collector, of any such turnpike road company.

SECTION 9. That all taxes, rates and levies, which may hereafter be Taxes. lawfully imposed or assessed, by the corporate authority of the borough of York, on real estate situate in the said borough, shall be and they are hereby declared to be a lien on the said real estate, on which they may hereafter be imposed or assessed, and the said lien shall have priority to and shall be fully paid and satisfied, before any recognizance, mortgage, judgment, debt, obligation or responsibility, which the said real estate may become charged with or liable to, from and after the passage of this act: Provided, The said taxes, rates and levies, shall Proviso. not remain a lien on said real estate for more than two years, from the date of the assessment thereof.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The fifteenth day of March, one thousand eight hundred

and forty-four.

DAVID R. PORTER.

No. 84.

A FURTHER SUPPLEMENT

To an act to enable the Governor to incorporate a company for making an artificial road from the Springhouse tavern, in Montgomery county, and thence to the borough of Northampton, in the county of Lehigh, and to the town of Bethlehem, in the county of Northampton, approved the sixteenth of January, one thousand eight hundred and thirteen.

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 time for completing the said turnpike road, be and the same is hereby extended for the term of ten years, from and after the first day of April, one thousand eight hundred and forty-four.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The fifteenth day of March, one thousand eight hundred

and forty-four.

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