1804] the statutes at large of pennsylvania. 56~’1804] the statutes at large of pennsylvania....

1804] TheStatutesat Large of Pennsylvania. 56~’

SectionI. (SectionI, P. L.) Be it enactedby the Senateand Houseof Representativesof theCommonwealthof Penn-sylvania in GeneralAssemblymet, and it is herebyenactedby the authority of the same,That four hundreddollars be,and the sameis herebygrantedto the aforesaidAlexanderPatterson;andalso an annuity of one hundreddollars,to bepaid half yearly, during his life; the aforesaidsums, to bepaid out of anyunappropriatedmoniesin thetreasuryof thiscommonwealth,on warrants drawn by the governor, as inother cases.

ApprovedFebruary10, 1804. ReeerdedIn L. B. No. 9, p. 328.

CHAPTER MMCDXXIX.

AN ACT TO ENABLE THE GOVERNOR OF THIS COMMONWEALTH TOINCORPORATE A COMPANY FOR MAKING AN ARTIFICIAL ROADFROM ERIE TO W.&TERFORD.

SectionI. (SectionI, P. L,) Be it enactedby the SenateandRouseof Representativesof theCommonwealthof Penn-sylvania in GeneralAssemblymet, and it is herebyenactedby theauthority of thesame,That GeorgeBuhier, CallenderIrvine, JudahColt, ThomasFoster,Abraham Smith, MartinStrong, JamesNaylor, Wilson Smith, CharlesMarten, JohnCouchrin, Roger Alden, David Mead, ThomasB. Kennedy,JosephHackney, JabezColt, John Wilkins, junior, HenryBauldin, John M’Masters, Samuel Ewalt, William Gazzam,JamesGibson,PaulBustie,William Crammond,AndrewPetitandMichael Keppele,be, andthey areherebyappointedcom-missioners,to do and perform the severalduties hereinaftermentioned;that is to say,theyshallon, or beforethefirst dayof Junenext, procurefive books, and in eachof them enteras follows: “We whosenamesare hereuntosubscribed,dopromiseto pay to the president,managersand company,ofthe Erie andWaterford turnpike road company,the sum offifty dollars, for every share set opposite to our respectivenames,in suchmannerandproportions,andat suchtimes, asshall be determinedby the said presidentand managers,in

TheStatutesat Largeof Pennsylvania. [1804

pursuanceof an act, of the generalassemblyof this common-wealth, entitled “An act, to enablethe governorof this com-monwealth,to incorporatea companyfor making an artificialroad from Erie to Waterford;” witnessour hands,thedayof , in theyearof our Lord onethousandeighthundred and ;“ and shall give notice in the pub-lic papers,printed at Pittsburgh, Washington and Greens-burg, and in two of the public papersin Philadelphia;andalsoby at leastthreewritten or printed notices,setup at themostpublic places,in thetowns of Erie, WaterfordandMead-yule, for onecalendarmonth,atleast,of the times andplacesin Philadelphia,Pittsburgh,Meadville, Waterford and Erierespectively,whenandwherethe said bookswill be open toreceivesubscriptionsof stock for the company,at which re-spectivetimes andplaces,sometwo of thesaid commissionersshall attend,andshallpermit andsufferall persons,who shalloffer to subscribein the said books,which shall bekv~ptopenfor the purpose,at least six hours in every judicial day, forthe spaceof threedays,if threedaysshallbe necessary;andon the first of the saiddays,any personof the ageof twenty-oneyears,shall be at liberty to subscribein his own, or anyothernameor names,by whomheshallbeauthorised,for oneshare,on the secondday for one or two shares,on the thirdday for one, two or threeshares,andon any succeedingday,whilst the said books shall remain open, for any number ofsharesin thesaidstock;andat theexpirationof thesaidthreefirst days, the said commissionersrespectively,may adjournto suchtimesastheyshall judgeproper;andif uponascertain-ing the numberof sharessubscribed,at the placesaforesaidrespectively,they shall not in the whole amountto five hun-dred, thesaidcommissionersmayreceivesubscriptionsat anyof thesaidplaces,until five hundredsharesshall in the wholebe subscribed;but if more than five hundred sharesin thewholeshallhavebeensubscribed,beforethe expirationof thesaidthreefirst days,onehundredandfifty of theshares,whichshallhavebeensubscribedat Philadelphia,onehundredof theshareswhich shallhavebeensubscribedat Pittsburgh; fiftyof the shareswhich shall havebeensubscribedat Meadville,

1804] TheStatutesat Large of Pennsylvania. 569

fifty of the shareswhich shallhavebeensubscribedat Water-ford, onehundredandfifty of the shareswhich shallhavebeensubscribedat Erie, shall be retained,if somany sharesshallhavebeensubscribedat theplacesaforesaidrespectively;andthe wholenumberof sharesshallbe reducedto five hundred,by deductingfrom the subscribersof more sharesthan one,suchproportionof thesharesby themrespectivelysubscribed,as will, with the leastfraction, andleaving every persononeor more shares,comenearestto the exactnumberof sharesaforesaid:Providedalways,that every personoffering to sub-scribein the said books, in his own name,or in the nameofany other person,shall previouslypay to the attendingcom-missioners,six dollars for every shareto be subscribed,outof which shall be defrayedthe expenseattendingthe takingsuchsubscriptions,andother incidental charges,andthe re-maindershallbepaidover to the treasurerof the cornoration,assoonasthe sameshallbeorganized,andthe officerschosen,as hereinaftermentioned.

Section II. (SectionII, P. L.) And be it further enactedby the authority aforesaid,That when sixty personsor moreshall havesubscribedfor threehundredor more shareof thesaid stock,the said commissionersrespectivelymay, or whenthe whole number of sharesaforesaid, shall be subscribed,theyshallcertify undertheir handsandseals,the namesof thesubscribers,and numberof sharessubscribedby, or appor-tioned to each subscriber,to the governor of this common~wealth; andthereuponit shall, and may be lawful for thegovernor, by letterspatent under his handand seal of thestate, to create and erect the subscribers,and if the saidsubscriptionbe not full at the time, thenalso thosewho shallafter subscribeto thenumberaforesaid,into onebody politicand corporate,in deedand in law, by the name,style andtitle of “The president,managersand companyof the Erieand Waterford turnpike road;” and by the said name, thesaid subscribersshall haveperpetualsuccession,andall theprivileges and franchisesincident to a corporation,andshallbe capableof taking andholding the said capital stock, andthe increaseandprofits thereof, and of enlarging the same

5.0 TheStatutesat Large of Pennsylvania. [1804

from time to time, by new subscriptions,in suchmannerandform astheyshall think proper,if suchenlargementshall befound necessaryto fulfil the intent of this act, and of pur-chasing,taking and holding, to them, and their successorsandassigns,in fee simple, and for any lesserestate,all suchlands,tenements,hereditamentsandestate,realandpersonal,as shall be necessaryto them, in the prosecutionof theirworks, and of suing, and being sued,and of doing all, andeveryother matter and thing, which a corporation,or bodypolitic maylawfully do.

SectionIII. (SectionIII, P. L.) And be it furtherenactedby the authorityaforesaid,Thatthesevenpersonsfirst namedin the said letterspatentshall, assoon as convenientlymaybe, give thirty daysnotice in at leasttwo of the publicpapersprintedin PhiladelphiaandPittsburgh,alsoby at leastthreewritten or printed noticesset up at the most public placesin the towns of Erie, Waterford, and Meadville, of the timeandplaceby them appointedfor thesaidsubscribersto meet,in orderto organizethesaid corporation;andto choose,by amajority of votesof thesaid subscribers,by ballo4~s,to bede-livered in personor by proxy, one president,eight managers,one treasurer,and such other officers as shall be deemednecessaryto conductthe businessof the said companyuntilthe first Monday in March then next, anduntil like officersshall be chosen;and may makesuch by-laws, rules, ordersand regulationsas do not contravenethe constitution andlaws of this commonwealth,and may be necessaryfor thewell-governing the affairs of the said company: Providedalways, that no personshall have more than five votes atany election,or in determiningany questionarisingat suchmeeting,whatevernumberof sharesbe may be entitled to,and that eachpersonshall be entitled to one vote for everyshareby him held not exceedingfive shares.

SectionIV. (SectionIV, P.L.) And be it further enactedby the authorityaforesaid,Thatthesaid companyshall meeton the first Monday of March in every year, at such placeasshallbe fixedby their by-laws,for thepurposeof choosingsuchotherofficers, as aforesaidfor the ensuingyearin man-

1804] The Statutesat Large of Pennsylvania. 571

ner aforesaid,andat suchother times as theyshall be sum-monedby the managers,in suchmannerand form as shallbe prescribedby their by-laws; at which annualor specialmeetingthey shall have full power andauthority to make,alter or repeal,by a majority of votes in manneraforesaid,all suchby-laws,rules,ordersandregulationsmadeasafore-said,andto do and performanyothercorporateact.

Section V. (SectionV, P. L.) And be it further enactedby the authority aforesaid,Thatthe presidentand managersfirst chosenas aforesaid,shall procure certificates for allthe sharesof the stock of thesaidcompany,andshall deliveronesuchcertificate,signedby thepresidentandcountersignedby the treasurer,and sealedwith the common seal of thesaid corporation,to eachpersonfor everyshare15y him sub-scribed and held, he paying six dollars on accountof eachshare;which certificateshall be transferableat his pleasure,in personor by attorneyduly authorized,in the presenceofthe presidentor treasurer;subjecthowever to all the pay-mentsdue andto grow duethereon;and theassigneeholdingany certificate,having first causedthe assignmentto be en-teredin a book of the companyto be kept for thepurpose,shall be a member of the corporation,and for every certi-ficate assignedto him as aforesaid,shall be entitled to oneshareof the capital stock, and of all the estateand emolu-mentsof the company,and to vote as aforesaidat themeet-ings thereof.

SectionVL (SectionVI, P. L.) And be it further enactedby the authority aforesaid,That thesaid presidentandman-agersshallmeetat suchtimesandplacesasshallbeordainedby their by-laws; and when met, five membersshall form aquorum,andwho, in theabsenceof thepresident,maychoosea chairman,andshall keepminutesof all their transactions,fairly enteredin a book; and a quorumbeing formed, theyshall have full powerandauthority to appointall suchsur-veyors,engineers,superintendentsandother artistsand offi-cers, as they shall deem necessaryto carry on the intendedworks, and to fix their salariesand wages;to ascertainthetimes whenand mannerand proportionsin which the stock-

572 TheStatutesat Large of Pennsylvania. [1804

holdersshall pay the moniesdue on their respectiveshares;to draw orderson the treasurerfor all monies necessarytopay the salariesor wagesof personsby them employed,andLor the materialsprovided;which ordersshall be signedbythepresident,or, in his absence,by a majority of a quorum,andcountersignedby their clerk; andgenerallyto do all suchother acts,mattersand thingsasby this act and by theby-laws, rules,ordersandregulationsof the companythey shallbeauthorizedto do.

Section VII. (SectionVII, P. L.) And be it further en-actedby theauthorityaforesaid,Thatif anystockholder,afterthirty daysnotice in thepublic papers,printedin Pittsburghandotherplacesasaforesaid,of thetime andplaceappointedfor the paymentof any proportion or dividend of the saidcapitalstock, in order to carry on the work, shall neglecttopay suchproportion or dividend, at the place appointed,forthe spaceof thirty days after the time so appointed,everysuchstockholder,or his assignee,shall, in additionto thedivi-dend so called for, pay after the rate of three per centumper month, for every month’s delay of such paymentafterthetime first appointedfor it to bemade;andif the sameandthe said additional penalty shall remain unpaid for suchspaceof time, asthat theaccumulatedpenaltiesshall becomeequal to thesumsbeforepaid in part and on accountof suchshare, the sameshall be forfeited to the said company,andmay and shall be sold to any personor personswilling topurchase,for suchprice as canbe obtainedfor thesame.

SectionVIII. (SectionVIII, P. L) And be it further en-actedby the authority aforesaid,That it shall and may belawful to andfor the saidpresidentand managers,their sup-erintendents,surveyors,engineers,artists and chain-bearers,to enterinto andupon all and every the landsandinclosuresin, throughand over which the said intendedturnpike roadmay be thought proper to pass,and to examinethe groundmost suitablefor the purpose,and the quarriesand bedsofstoneand gravel, and other materials,in the vicinity, thatwill be necessaryin making and constructingthe said road,and to survey,lay down, ascertain,mark and fix suchroute


or track for the same, as in the best of their judgmentandskill will combineshortnessof distancewith the mostpracti-cable ground, from the intersection of State and Twelfthstreetsof the town of Erie aforesaidto the intersectionofHigh street of the town of WTaterfordaforesaid.

SectionIX. (SectionIX, P. L.) And be it further enactedby the authority aforesaid,That it shall and may be lawfulto andfor the saidpresidentandmanagers,by andwith theirsuperintendents,engineers,artists, workmen and laborers,with their tools and instrunients, carts, wagons, wains andother carriages,andbeastsof draught andburden, to enterupon the lands in, over, contiguous and near to which theroute and track of the said intendedroad shall pass,firstgiving noticeof their intention to the ownersthereof,or theirrepresentatives,and doing as little damagethereto as pos-sible, andrepairing any breachesthey may makein the in-closures thereof, and making amendsfor any damagesthatmay be done to any improvementthereon; and also for thevalue of the materials, by appraisement,to be madein themannerhereinafterdirected,anduponreasonableagreement,if theycanagree;if theycannotagree,thenuponanappraise-ment to be made, upon oath or affirmation, by three disin-terestedreputablefreeholders,to be mutually chosen,whoseaward, or the awardof anytwo of them, shall be final; andif eitherthe said presidentandmanagers,or the said owners,shall, upon duenotice,neglector refuseto join in the choice,then it shall andmay be lawful for anyjustice of the peaceof the county, where the said damagesmay be done, not in-terestedon either side, to appoint the said freeholders,andupon tender of the value so appraisedas aforesaid,it shalland may be lawful for the said presidentandmanagers,orfor any personor personsby his or their directions, to dig,cut, take and carry away any timber, stone,gravel, sand orearth therebeing most convenientlysituated for making orrepairing the said road.

Section X. (SectionX, P. L.) And be it further enactedby the authority aforesaid,That if the road shall be laid outand founded over and upon any land whereby the owner

574 The Statutesat Large of Pennsylvania. [1804

thereofshall sufferdamage,the personor personssustainingsuchdamagemaymakeapplica~tionto the court of the countyin which such damageshall have beendone, andthereuponthe court shall appoint six fit and disinterestedpersonstoview andadjudgetheamountof the damagedone,which, if ap-provedof by the court, shall be paid by the company.

SectionXI. (SectionXI, P. L.) And be it further enactedby theauthority aforesaid,That the saidpresident,managersandcompany,shall causea road to be laid out one hundredfeet wide, and at least twenty feet thereof to be made anartificial road, beddedwith wood, stone,gravel, or any otherhard substance,well compactedtogether, and of sufficientdepthto securea solid foundationto the same,in suchman-ner as to secure,as near as the materials will admit it, afirm and even surface, and so nearly level, in its progress,as that it shall in no place rise or fall more than will formanangleof four degreeswith ahorizontal line, andshall foreverhereaftermaintain andkeep the samein good andper-fect order and repair, from the town of Erie to the town ofWaterford aforesaid.

Section XII. (SectionXII, P. L.) And be it further en-acted by the authority aforesaid,That so soon as the saidpresident, managersand company shall have perfectedthesaid road, they shall give notice thereof to the governor ofthe commonwealth,who shall thereuponforthwith nominateand appoint threeskilful and judicious personsto view andexaminethe same,andreport to him, in writing, whetherthesaid road is executedin a masterly, workman-like manner,accordingto the true intent andmeaningof this act; and ittheir report shallbein the affirmative, thenthe governorshall,by licenseunder his handandthe lessersealof the common-wealth, permit and suffer the said president,managersandcompanyto erect and fix such and so many gates or turn-pikes,upon andacrossthe saidroad, as will benecessaryandsufficient to collect the tolls andduties hereinafter grantedto the said company,from all personstraveling on the samewith horses,cattle, cartsandcarriages;


Section XIII. (SectionXIII, P. L.) And be it further en-actedby the authority aforesaid,That the said companyhav-ing perfectedthe said road, and the samebeing examined,approvedandlicensedin manneraforesaid,it shall andmaybelawful for themto appointsuchandsomanytoll-gatherersas theyshall think proper, to collect andreceiveof and fromall andeverypersonandpersons,usingthe saidroad,thetollsandrateshereinaftermentioned,andto stop and detainanyperson riding, leading or driving any horses, cattle, hogs,sheep, sulkey, chair, chaise, phaeton, cart, wagon, wain,sleigh,sledor other carriageof burdenor pleasure,from pass-ing through the said gates or turnpikes, until they shall re-spectivelyhave paid the same;that is to say, for the wholedistanceof the said road, the following sumsof money, andso in proportion for any lesser distance,or for any greateror lessernumberof sheep,hogs or cattle, to wit: For everyscore of sheep, twelve and a half cents; for every score ofhogs, twelve and a half cents;for every scoreof cattle,fiftycents;for every horseandhis rider, or led horse,twelve andahalf cents;for every sulkey, chair or chaise,with onehorseand two wheels, twenty-five cents; for every chariot, coach,phaetonor chaise,with two horsesandfour wheels, eightycents; for either of the carriageslast mentioned,with fourhorses,onehundredcents;for every other carriageof pleas-iire, under whatever nameit may go, the like sums accord-ing to the numberof wheels andhorsesdrawing the same;for every stage-wagon,with two horses,eighty cents,andforevery such wagon, with four horses,one hundred cents; forevery sleigh, twelve anda half cents for eachhorsedrawingthe same;andfor everysled,eight centsfor eachhorsedraw-ing the same;for every cart or wagon, the wheels of whichdo not exceedthe breadthof four inches, twenty-five centsfor each horse drawing the same;for every cart or wagon,the wheels of which shall exceedin breadthfour inches,andnot exceedseveninches,fifteen cents for eachhorsedrawingthe same; for every wagon, the breadth of the wheels ofwhich shall be more than seven inches, andnot more thanten inches,or being of the breadthof seven inchesshall roll


more than ten inches, twelve and one half cents for eachhorsedrawingthe same;for every cart or wagon,the breadthof the wheels of which shall be more than ten inches, andnot exceedtwelve inches, or being ten inchesshall roll morethan fifteen inches,eight cents for each horsedrawing thesame;for every cart or -wagon,the breadthof the wheels ofwhich shall be more than twelve inches,six cents for eachhorsedrawing the same:Providedno turnpike-gateshall beerectedwithin one mile of either of the said towns of Erieand Waterford; neithershall any toll be demandedor takenfrom any personpassingor repassiingfrom one part of hisor her farm to another,or to or from any place of worshipor burial.

Section XIV. (SectionXIV, P. L.) And be it further en-acted by the authority aforesaid, That no wagon or othercarriagewith four wheels,thebreadthof the wheelsof whichshall not be four inches,shall be drawn along the said roadbetweenthe first day of Decemberand the first day of Mayfollowing, in any yearor years,with agreaterweight thereonthan two and one-half tons, or with more than three tonsduring the residue of the year; that no such carriage, thebreadthof the wheels of which shall not be seven inches,orbeing six inchesor more shall not roll at least ten inches,shall be drawn along the said road betweenthe said firstdays of Decemberand May, with more than three and one-half tons, or with more than four tons during the residueofthe year; that no such carriage,the breadthof the wheelsof which shall not be ten inches or more, or being 1essshallnot roll at leasttwelve inches,shall bedrawn along the saidroadbetweenthe said first days of DecemberandMay, withmore thanfive tons, or with more thanfive and an half tonsduring the residueof theyear;that no cart or other carriagewith two wheels, the breadthof the wheels of which shallnot be four inches,shall bedrawn along the said road with agreaterweight thereonthan one and an half tons, betweenthe said first days of DecemberandMay, or with more thantwo tons during the residue of the year; that no such car-riage, the wheels of which shall not be of the breadth of


seveninches,shall be drawn alongthe said road with morethantwo andan half tons betweenthe first daysof Decem-berandMay, or with morethanthreetons during the residueof the year; that no suchcarriage,the wheels of which shallnot be of the breadthof teninches,shallbe drawnalongthesaid road betweenthe said first daysof Decemberand May,with more than threeand an half tons, or with more thanfour tons during the residueof the year; that no greaterweight than seventons shall be drawn along the said roadin any carriagewhatever,betweenthefirst daysof DecemberandMay, nor more thaneight tons during the residueof theyear; that if anycart, wagon or carriageof burdenwhatso-ever,shall be drawnalongthesaidroadwith a greaterweightthanis herebyallowed the owner or ownersof suchcarriage,shall forfeit andpayfour timesthe customarytoll to the useof the company:Provided always, that it shall and may belawful for the said company,by their by-laws, to alter anyor all of the regulationshereincontained,respectingthebur-dens on carriages to be drawn over the said road, and tosubstituteother regulationsif, upon experience,such altera-tions shall be found conduciveto thepublic good: And pro-vided also, that suchregulationsshall not lessentheburdenof carriagesabovedescribed.

Section XV. (SectionXV, P. L.) And be it further en-actedby the authority aforesaid,That all suchcarriagesasaforesaid,to be drawn by oxen in the whole, or partly byhorses andpartly by oxen, two oxen shall be estimatedasequalto one horse,in chargingall the aforesaidtolls; andevery mule asequalto onehorse.

SectionXVI. (SectionXVI, P. L.) And be it further en-acted by the authority aforesaid, That if the said companyshallneglectto keepthe said road in good andperfect orderandrepair,for thespaceof five days,andinformation thereofshallbe given to anyjustice of the peaceof the neighborhood,such justice shall issuea precept, to be directed to any con-stable,commandinghim to summonthreedisinterestedfree-holdersto meet at a certain time, in the said preceptto be

37—XVII.


mentioned,at the place in the said road which shall be com-plainedof, of which meetingnoticeshallbe given to thekeeperof the gateor turnpikenearestthereto, and the said justiceshall, at such time andplace,by the oathsor affirmationsofthe said freeholders,enquire whether the said road, or anypart thereof, is in such good andperfect order andrepair asaforesaid, and shall causean inquisition to be madeunderthe handsof himself anda majority of the said freeholders;and if the said road shall be found by the said inquisitionto be out of order andrepair, contraryto the true intent andmeaning of this act, the said justice shall ~ertify and sendonecopy of the said inquisition to each of the keepersof theturnpikes or gatesbetweenwhich suchdefective place shallbe, andfrom thenceforththe tolls herebygranted,to be col-lected at such turnpikesand gates,for passingthe intervalof road betweenthem, shall ceaseto be demanded,paid orcollected, until the said defective part or parts of the saidroad shall be put in good and perfect order and repair asaforesaid;and if the sameshall not be so put into good andperfect order and repair, before the next general court ofquartersessionsof thepeaceto beheldfor the countywhereinthe saiddefective part or parts of the said road shall be, theaforesaidjusticeshall certify, andsenda copy of the inquisi-tion aforesaid,to the justicesof the said court; and the saidjusticesshall thereuponcauseprocessto issue,and bring inthe body or bodiesof the personor persons,entrustedby thecompanywith the care andsuperintendenceof such part ofthe said road as shall be found defective,andshall proceedupon suchinquisition, in the samemannerandform as uponindictments found by the grand inquest for ~he body of thecounty against supervisorsof the highways, for neglect oftheir duty; and if the person or persons,entrustedby thesaidcompanyasaforesaid,shallbeconvictedof the offencebythe said inquisition charged,the said court shall give suchjudgment according to the nature and aggravation of theneglect, as according to right and justice would be properin the caseof supervisorsof the highways neglecting theirduties; and the fines and penalties so to be imposed shall


be recoveredin the samemanneras fines for misdemeanorsare usually recoveredin the said court, andshall be paid tothe supervisorsof the highways of the township wherein theoffencewas committed; to be applied to repairing such high-ways as the township or county is bound to maintain andrepair at the public expencethereof.

SectionXVII. (SectionXVII, P.L.) And be it further en-acted by the authority aforesaid, That if any toll-gathereron the said road shalldemandandreceive from any personor personsusing the same any greateror higher toll thanby this act is authorized,or shall receive toll for any part:of the saidroadwhich maybedeclaredto beout of orderandrepair until it shall be repaired,such toll-gatherershall for-feit andpay the sum of twenty dollars for every such offence,to the useof the poor of the propertownship,to be recoveredasdebtsof equalamountareor maybe by law recoverable.

SectionXVIII. (SectionXVIII, P. L.) And be it furtherenactedby theauthorityaforesaid,That if anypersonor per-sons whomsoever,owning, riding in, or driving any sulkey,chair, phaeton,cart, wagon, wain, sleigh, sled or other car-riage of burden or pleasure, or owning, riding, leading ordriving any horse,mare, gelding,or driving any hogs,sheepor othercattle,shall therewithpassthrough anyprivate gateor bars, or along or over any private passageway, or otherground nearto, or adjoining any turnpike, or gate erected,or which shall be erectedin pursuanceof this act, with anintent to defraudthe companyandevadethe paymentof thetoll or duty for passingthrough any such gateor turnpike;or if any person or persons,with such intent, take off, orcauseto be takenoff, anyhorse,mare,geldingor other cattle,from any sulkey, chair, chaise, phaeton,cart, wagon, wain,sleigh, sledor othercarriageof burdenor pleasure,or practiseany other fraudulent means or device, with the intent thatthe paymentof any such toll or duty may be evadedor les-sened,all andevery personandpersons,in all or any of theways or mannersaforesaid offending, shall, for every suchoffence respectively, forfeit and pay to the president, man-agersandcompanyof the Erie andWaterford turnpike road,


any sum not exceedingthirty dollars, to be suedfor and re-coveredwith costs of suit before anyjustice of the peace,inlike manner,andsubjectto the samerules andregulationsasdebtsof equalamountare or may be by law recoverable.

SectionXIX. (SectionXIX, P. L.) And be it further en-actedby theauthorityaforesaid,That the presidentandman-agersof the said companyshall keep fair and just accountsof all moniesreceivedby them from the said commissioners,andfrom the subscribersto the saidundertaking,on accountof the several subscriptions,andof all penaltiesfor delay inthe paymentthereof, and of the amount of profits on theshareswhich may be forfeited as aforesaid, and also allmoniesby themexpendedin theprosecutionof their saidwork;andshallonceat leastin everyyearsubmitsuchaccountstoa general meeting of the stockholders,until the said roadshall be completed,and until all the costs, chargesand ex-pencesof effecting the same, shall be fully paid and dis-charged,andthe aggregateamiunt of such expencesshall beliquidated and ascertained;and if upon such liquidation, orwhenever the capital stock of the said company shall benearly expended,it shallbe found that the said capital stockwill be insufficient to completethe saidroad, accordingto thetrue intent andmeaningof this act, it shallandmay be law-ful for the saidpresident,managersandcompany,at a statedor specialmeetingto be convenedaccordingto the provisionsof this act, or their own by-laws, to increasethe number ofsharesto suchextentas shall be deemedsufficient to accom-plish the work; andto receiveanddemandthe moniessub-scribed for such shares,in like mannerand under the likepenalties as are bereinbeforeprovided for the recovery ofthe original subscriptions,or as shall be provided by theirby-laws.

Section XX. (SectionXX, P. L.) And be it further en-acted by the authority aforesaid, That the said president,managersand company,shall also keepa just and true account of all and every the moniesreceived by their severalandrespectivecollectorsof tolls at the severalandrespectivegates or turnpikes on the said road from the beginning to


the endthereof,andshallmakeanddeclarea dividend of theclear profits and income thereof, all contingent costs andchargesbeing first deducted,amongall the subscribersthesaid companiesstock,andshallon the first Monday in MarchandSeptemberin everyyearpublishthe half-yearlydividend,to be madeof the said clear profits amongthe stockholders,andof the time andplacewhen andwherethe samewill bepaid, and causethe sameto be paid accordingly.

SectionXXI. (SectionXXI, P. L.) And be it further en-actedby theauthorityaforesaid,That the presidentandman-agers shall, at the end of threeyears next after the wholeroad shall be completed, lay before the general assemblyof this commonwealthan abstractof their accounts,showingthe whole amountof their capital expendedin prosecutionofthe saidwork, andof the incomeandprofits arisingfrom thesaid toll for andduring the said period, togetherwith an ab-stract accountof the costsand chargesof keepingthe saidroad in repair, and all other contingent costs and charges,to the endthat the clear annual income and profits thereofmay be ascertainedand known; and if at the end of threeyears after the saidroad shall be completedfrom the begin-fling to the endthereof,it shallappearby suchabstract,thatthe clear profits and income of the said companywill bearadividend of morethannine per centumper annum,then thesaid toll shall be so reducedas will bring the said dividenddown to nineper centumper annum;andat the endof everyten years after the said road shall havebeencompleted,thepresidentandmanagersof the sameshall lay before the gen-eral assemblyof this commonwealthan abstractof their ac-counts for three precedingyears, and if at the end of anysuchdecennialperiod it shall appearfrom suchabstractthatthe clear income and profits of the said companywill beara dividend of more than nine per centum per annum, thenthe said toll shall be so reducedas will bring the said divi-denddown to nineper centumper annum.

Section XXII. (SectionXXII, P. L.) And be it furtherenactedby the authority aforesaid, That the said companyshall causepoststo be erectedat the intersection of every


public road falling into andleadingout of the said turnpikeroad, with boards and index-handpointing to the directionof such road, on both sides whereof shall be inscribed hilegible charactersthe name of the town, village or placeto which such road leads, andthe distancethereof in com~putedmiles.

SectionXXIII. (SectionXXIII, P. L.) And be it furtherenactedby the authority aforesaid, That the said companyshall causemilestonesto be placed on the side of the saidioad, beginning at the distanceof one mile fr’tii the townof Erie aforesaid, and extending thenceto the terminattouof the turnpike aforesaid,whereonshall be markedin plainlegiblecharactersthe respectivenumberof miles which eachstoneis distantfrom the saidtown of Erie, andat everygateor turnpikeby them to be fixed on the said road,shall causethedistancefrom the town of Erie aforesaid,andthe distancefrom the nearestgates or turnpikes in each direction to bemarkedin legiblecharacters,designatingthe numberof milesandfractionsof a mile on the said gates,or someother con-spicuousplace,for theinformation of travelersandothersus-ing the said road; and if any persori shall wilfully destroythe saidposts,boards, index-handsor mile-stones,or defacethe same,or defacethe directionsmadeon the said gates,orotherconspicuousplacesasaforesaid,suchpersonbeing con-victedthereofby the evidenceof oneor more crediblewitnessor witnesses,beforeany disinterestedjustice of the peaceofthe countywhere any of the said posts,boards, index-hands,mile-stones,and directions on the said gates or other con-spicuousplacesshallbe destroyedor defaced,he shallbe ad-judgedby the saidjustice to pay a fine not exceedingtwentydollars, to be recoveredwith costsas debtsof equal amountareor maybe by law recoverable;which fine, whenrecovered,shall be paid by the saidjustice to the treasurerof the saidcompanyfor the useof the company.

Section XXIV. (SectionXXIV, P. L.) And be it furtherenactedby the authority aforesaid, That all wagonersanddrivers of carriagesof all kinds, whetherof burdenor pleas.tire, usingthe said road shall, exceptwhenpassingby a car-


riageof slower draught, keeptheir horsesand carriagesonthe right handsideof saidroadin the passingdirection, leav-ing the other side of said road free andclear for other car-riages to passand repass;and if any driver shall offendagainstthis provision, he shall forfeit and pay any sum notexceedingtwo dollarsto anypersonwho shall be obstructedin his passage,and will sue for the same,to be recoveredwith costs before any justice, in the samemanneras debtsof equal amountare or may be by law recoverable.

SectionXXV. (SectionXXV, P. L.) And be it further en-actedby the authority aforesaid,That if the companyshallnot proceedto carry on thesaidwork within threeyearsafterthe passingof this act, or shall not within sevenyears after-wards completethe said road, according to the true intentand meaning of this act, then in either of those cases,alland singular, the rights, liberties, privileges, andfranchisesherebygrantedto the company,shall revert to this common-wealth.

SectionXXVI. (SectionXXVI, P. L.) And be it furtherenactedby the authority aforesaid,That if the legislatureshouldat anytime after theyearonethousandeight hundredand twenty-five, think proper to take possessionof the saidroad, or to declarethe sameto be free of toll, five personsshallbeappointedby thelegislature,andfive by the presidentandmanagersof thesaidcompany,who, or anysix or moreofthem,shall proceedto examineand estimatethe value of theproperty which the said companyhath therein, and certifythe amount thereof to the governor of this commonwealth,who shall causethe sameto be laid before the legislatureat their next session,and wheneverthe amount so certifiedshallbe by law paidto the said company,their right to taketoll on the saidroad,togetherwith all their right, title, claimand interestthereinshall ceaseanddetermine.~1~

ApprovedFebruary13, 1804. RecordedIn L. B. No. 9, p. 329.SeeChapter2726; 18 Statutesat Large, p.

1804] the statutes at large of pennsylvania. 56~’1804] the statutes at large of pennsylvania....

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