No. 85. AN ACT To confer the rights of legitimacy on William Frederick Myer, Julius Albert Beck, 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 W. F. Myer and William Frederick Myer, son of F. Myer, of Shrewsbury, in the J. A. Beck, legiti- county of York, and Julius Albert Beck, son of E. S. Beck, of the matized. arine Swink, legitimatized. same place, shall have and enjoy all the rights and benefits of children born in lawful wedlock; and shall be able and capable in law to inherit and transmit all the estate, real, personal and mixed, of their said fathers, respectively, as fully and completely, to all intents and purposes, as if they had been born in lawful wedlock. SECTION 2. That Henry Swink and Catharine Swink, children of Henry and Cath- George Swink, and Catharine Swink, late of Bullskin township, Fayette county, shall have and enjoy all the rights and benefits of children born in lawful wedlock, and shall be able and capable in law to inherit and transmit all the estate, real, personal and mixed, of their said father or mother, as fully and completely, to all intents and purposes, as if they had been born in lawful wedlock: Provided, That the passage of this act shall in no wise affect or impair the rights of others to any estate of said George Swink, which may have lawfully vested previous to the passage of this act. SECTION 3. That James Taylor, son of James Taylor, of Antis James Taylor, le- township, Huntingdon county, shall have and enjoy all the rights and gitimatized. benefits of a child born in lawful wedlock, and shall be able and capable in law to inherit and transmit all the estate, real, personal and mixed, of his said father, as fully and completely, to all intents and purposes, as if he had been born in lawful wedlock: Provided, That the passage of this act shall in no wise affect or impair the rights of others, to any estate of said James Taylor the father, which may have lawfully vested previous to the passage of this act. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The fifteenth day of March, one thousand eight hun dred and forty-four. DAVID R. PORTER. Nc. 86. AN ACT Relative to the claim of Patrick O'Hagan. 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 canal commissioners be and they are hereby authorized to examine the claim of Patrick O'Hagan, late contractor for section number fortyfour of the Tioga line, North Branch extension, Pennsylvania canal, for damages alleged to have been sustained by him by reason of the abandonment and discontinuance of the work thereon, by order of the said board; and to allow him such compensation for unavoidable losses sustained, in erecting necessary buildings and purchasing tools, furniture and provisions, as to said canal commissioners shall appear just and equitable, taking into consideration only such actual damage and loss, but not allowing any thing for prospective damages, and draw their warrant in his favor upon the state treasurer, for any amount which may be found due him, to be paid out of any money in the treasury not otherwise appropriated: Provided, That the sum allowed by the canal commissioners shall not exceed two hundred dollars. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The sixteenth day of March, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 87. AN ACT To authorize the governor to incorporate a company to erect a bridge over the river 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 Levi B. Smith, James Everhart, Davis Smith, Jeremiah B. Kerns, Commissioners. Isaac Crisman, Jacob Pyle and Edward Brooke, be and they are hereby appointed commissioners to do and perform the several duties hereinafter mentioned, that is to say-They shall on or before the first day of tion. August next. procure one or more books for taking subscriptions of stock, and shall write therein as follows: We whose names are hereForm of subscrip- unto subscribed, do promise to pay to the president, managers and company of the Birdsborough bridge company, in the county of Berks, the sum of twenty dollars for every share of stock in said company, set opposite to our respective names, in such manner and proportions, and at such times and places as may be determined by the president and managers, in pursuance of an act of assembly, entitled "An Act to authorize the governor to incorporate a company to erect a bridge over the Schuylkill, at Birdsborough, in the county of Berks." Witness our hands and day of one thousand eight hundred and ; and shall thereupon proceed to receive subscriptions for the stock of the said company, at such times and places as they shall think proper: Provided, That every person so subscribing in his own name or in the name of any other person, shall previously pay to the attending commissioners two dollars for every share so subscribed, out of which shall be paid the expenses of taking such subscriptions and other incidental charges, and the remainder shall be paid over to the treasurer of the corporation as soon as the same shall be organized, agreeably to the provisions of this act; such first payment on each share to be taken and considered as a part payment on each share subscribed. Proviso. Charter. Name. Organization. 9 SECTION 2. As soon as two hundred shares shall have been subscribed, the said commissioners or a majority of them as aforesaid named, may certify the same, together with a list of the subscribers, and the shares subscribed by each in writing to the governor, who thereupon, shall constitute the said subscribers, and also all those who may in future subscribe under the provisions of this act, a body corporate or politic, by the name and style of "the president and managers of the Birdsborough bridge company, in the county of Berks," with all the privileges incident to a corporation, who shall have perpetual succession, and shall be capable of taking and holding the said capital stock, and the increase and profits thereof, and of enlarging the same by new subscriptions, if such enlargement shall be necessary to fulfil the purposes of this act, in such manner and form as they may think proper, and of purchasing, taking and holding to them and to their successors and assigns, in fee simple, or for any less estate, all such lands, tenements or hereditaments. real and personal, as shall be necessary and convenient for them in the prosecution of their work, and the same to sell or dispose of at their pleasure, of sueing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do. SECTION 3. The three first named persons in the letters patent, shall, as soon as conveniently may be after the sealing of the same, give notice in one or more newspapers printed in the county of Berks, of a time and place by them to be appointed, not less than fifteen days, at which time and place the said subscribers or as many of them as may attend, shall proceed to organize the said company, and shall choose by a majority of votes of said subscribers by ballot, either in person or by proxy duly authorized, one president, six managers, and one treasurer, to conduct the business of said company, until the next annual election as hereinafter regulated; and in case of death, removal or resignation of any president, manager or treasurer, the board of managers shall choose another to supply the vacancy until the next annual election of the said company; they may make and have one common seal, and the same may alter and renew at pleasure; and may make such by-laws, rules, orders and regulations, not inconsistent with the laws of the United States or of this state, as shall be necessary for the well ordering of the Votes. affairs of the company: Provided, That the number of votes each SECTION 4. That the public meeting of the said stockholders shall be Annual meetings. held annually, at such time and place as shall be fixed by the rules and by-laws of the said company, for the purpose of choosing officers for the ensuing year, and the transaction of such business as may come before them. SECTION 5. That the president and managers shall procure certificates Certificates. of stock in the said company, which shall be signed by the president and countersigned by the treasurer, and sealed with the seal of the corporation; and each stockholder shall be entitled to a certificate for each share by him subscribed or held, on paying to the treasurer in part, the sum due thereon, four dollars on each share, which certificate shall be transferable either by the owner in person or by his attorney, duly authorized, in the presence of the president or the treasurer, for the time being, subject however, to the payment due or growing due thereon; and the person to whom such transfer shall be made, shall stand in the place of the former holder, and be entitled to the same privileges and liable to the same responsibilities to the company. SECTION 6. That the said president and managers shall meet at such times and places, and be convened in such manner as shall be prescribed by the by-laws, at which meetings, five members shall be a quorum, Quorum. who, in the absence of the president, may choose a chairman and shall keep minutes of all their transactions, fairly entered in a book; and at any such meeting, a quorum being present, they shall have full power and authority to agree with and appoint such engineers, superintendents, Officers. artists and other officers as they shall think necessary for the erection of said bridge, and to fix their salaries and wages, or at their discretion, to Pay. make contracts for the erection or construction of the same or any part thereof; they shall also determine the times, manner and proportions in which the stockholders shall pay the money due on their respective Instalments. shares, draw orders on the treasurer for the money necessary to pay salaries, wages, and bills for work or materials, or on account of contract, which orders shall be signed by the president, or in his absence by a majority of the quorum, and countersigned by the clerk, and do and transact all such matters and things as by this act or the by-laws of the company shall be committed to them. SECTION 7. That if any stockholder after thirty days notice in one or more newspapers printed in the said county, of the time and place ap T Penalty on refu- pointed for the payment of any instalment of the said capital stock, shall sal to pay instal-neglect to pay such instalment at the time appointed, every such stock ment. Enlargement of stock. Power to locate bridge. holder, or his assignee, shall, in addition to the proportion so called for, pay at the rate of three per cent. per month, for every delay of such payment; and if the same, and the said additional payment shall remain unpaid for such a space of time, that the accumulated penalties shall be equal to the sums before paid on account of such share, the same shall be forfeited to the company, and may be sold by them to any other person or persons willing to purchase for such price as can be obtained therefor, or the president and managers may sue for and recover the same before any justice of the peace, or before any court of competent jurisdiction. SECTION 8. That whenever it shall appear to the said president and managers and company, at any general or special meeting, that the said bridge cannot be completed without extending the number of shares, the same shall be extended under the direction of such meeting, so far as may be necessary to complete the said bridge, which additional shares shall be sold by the president and managers, and shall entitle the holders to the same rights and privileges as those originally subscribed. SECTION 9. That it may be lawful for the president and managers and the persons employed by them, to enter upon any lands or enclosures for the purpose of locating the said bridge, and to occupy so much of such lands as they may deem necessary for erecting the same; also, they shall have power to make such change or variation in the bed and route of the public road, as shall be necessary to connect the same with the said bridge, paying the owners of such lands as may be occupied by the said bridge, and roads leading thereto, a just compensation for the injury he or they may have sustained thereby; and if the parties cannot agree on the compensation, the injured party may obtain damages in the, manner prescribed by the laws of this state for obtaining damages for opening public roads." SECTION 10. That it may be lawful for the president and managers, Procure materials or the persons employed by them, to enter upon any lands or enclosures, to search for, procure and take away all stone, sand, earth, or other materials suitable for constructing or repairing the said bridge and roads leading thereto, doing no unnecessary damages, and paying the owners of the land a just compensation for the materials taken and damages committed by them; and if the parties cannot agree upon the compensation, it shall be fixed as the price of materials are fixed on disagreement between supervisors and the owners of materials taken for the public roads. Property vested. Tolls. to SECTION 11. When the said bridge is completed as aforesaid, the property of the said bridge and its appendages shall be vested in the said company as aforesaid, and their successors forever; and it shall and may be lawful for the said company, and their successors, erect a gate or gates, and such other buildings as they may deem necessary for a toll collector, and to demand and receive toll from travellers and others, at said bridge, not exceeding the following rates, to wit: For every carriage of whatever description, having either two four wheels, used for personal accommodation or pleasure, for each horse drawing the same, twelve and a-half cents; for every wagon or cart. for each horse drawing the same, six and a-quarter cents; for every sleigh or sled, for each horse drawing the same, six and a-quarter cents; for every horse or mule, with a rider, six and a-quarter cents; for every horse or mule, without a rider, three cents; for every foot passenger, one cent; for every head of cattle, one cent; for every score of hogs, or |