CHAP. XI. 1806 completed, it shall be found that more monies shall remain than are necessary for the payment of all charges and expenses incurred in and about the erecting the said bridge, the surplus shall be returned Surplus, how as part of the dividend due and payable to the stock- disposed of. holders respectively. &c. SECT. 10. Be it enacted, That the property of Property vested the said bridge, to be erected as aforesaid over the in the president, said Brandywine-creek, at the place herein before mentioned, shall be vested in the said president, directors and company, and their successors, subject to redemption as herein after provided, and the said who may de president, directors and company, and their succes- mand toll. sors, may demand and receive toll from travellers and others, agreeably to the following rates, which shall be written or printed, and published and placed in or near the said bridge, for the information of passengers, viz....For every coach, landau, phæton, or Rates thereof. other pleasurable carriage with four wheels, drawn by four horses, the sum of twenty cents, and so in proportion if more horses are added, and for the same carriages with two horses, the sum of twelve and an half cents, and with one horse, ten cents; for every waggon with four or more horses, the sum of seventeen cents, and for every carriage of the same de Ecription, drawn by two horses, the sum of twelve and an half cents; for every chaise, riding-chair, sulkey, cart, or other two wheel carriage, or a sleigh or sled, with two horses, the sum of ten cents, and so in proportion if more horses are added to the number herein mentioned, and for the same with one horse, the sum of six cents; for a single horse and rider, the sum of two cents; for every horse or mule, without a rider, the sum of one cent; for every foot passenger, the sum of one cent; for every head of horned cattle, the sum of one cent; for every living sheep and swine, the sum of half a cent: Provided Proviso. always, That any of the inhabitants of the State of Delaware (excepting as to public stages and hacks,) shall have the privilege of agreeing with the said CHAP. XI. 1806. the excess to tion of the bridge. president and directors for a free passage in commutation of their toll at any sum not exceeding eight dollars per annum; and when the tolls shall exceed Tolls exceeding twelve per cent. nett annual profit, the excess shall twelve per cent. compose a fund for the redemption of the bridge, so compose a fund as to render it a State bridge.... This excess shall be for the redemp- laid out in bridge-stock, or in other productive funds, or on private securities, and the annual product of this surplus fund shall be added to the fund, and all private donations for redeeming the bridge, shall also be received and invested in like manner for the benefit of the surplus fund, and if by the operation of the said surplus fund there shall be a sufficient sum to redeem the bridge at a period less than twenty-five years, then it shall be redeemed and become the property of the State, by the application of the said fund to the discharge of the capital of the said company, by paying to the stockholders the amount of money paid on the respective shares to the company, The fund being and if the said fund shall not be adequate to the purinadequate, the State may suppose last mentioned, the State may at the expiration ply the deficien- of the said twenty-five years from the time the bridge cy. Commutation was completed, make it a State bridge, by supplying any deficiency in the said surplus fund and rendering it adequate to the discharge of the capital of the said company in manner aforesaid; but if the said bridge shall not be redeemed and paid for, and so made a State bridge as aforesaid, before or at the expiration of the said term of twenty-five years, the said corporation may and shall continue to hold the same on the terms of this act beyond the said term, and until the same shall be redeemed and paid for in manner herein directed. SECT. 11. Be it enacted, That in fixing the tolls of all carriages drawn wholly or in part by oxen, two oxen shall be estimated equal to one horse. SECT. 12. And be it enacted, That from and for a free pas after the said bridge shall be redeemed and become sage, &c. the property of the State, as aforesaid, any of the inha bitants of this State (excepting as to public stages and hacks) shall have the privilege of agreeing for a free passage over the said bridge, in commutation of their toll, at any sum not exceeding two dollars per annum. CHAP. XI. 1806. SECT. 13. Be it enacted, That if the said presi- Penalty for de dent, directors, and company, or their successors, or manding greatany person by their authority, shall collect or demand er tolls than any greater rates or prices for passing over said prescribed; bridge, than what are herein before prescribed and specified, or shall neglect to keep the said bridge in or neglecting good repair, on ten days notice given by or from bridge in repair: to keep the any two justices of the peace of the county of NewCastle, the person or persons so offending, shall for every such offence forfeit and pay the sum of thirty Appropriation dollars, one moiety thereof for the use of the poor of the said county, and the other moiety for the use of the person who may sue for the same: Provided al- Proviso. ways, That no suit or action shall be brought, unless within thirty days after such offence shall be committed. thereof. made, and no SECT. 14. Be it enacted, That the said president, Accounts to he directors and company, shall also keep a just and kept of all monies received by true account of all money received by their several collectors; respective collectors of tolls for crossing the said bridge, and shall make an half yearly dividend of the profits and income thereof among all the stockholders, (not exceeding for one year twelve per cent. on Dividends to be the capital stock,) deducting first therefrom all con- tice given there. tingent costs and charges, and shall on every first of, &c. Monday in the month of April and October of every year publish the dividend to be made of the said clear profits thereof among the stockholders, and of the time, not exceeding ten days, and the place when and where the same shall be paid, and shall cause the same to be paid accordingly. SECT. 15. Be it enacted, That the president and directors shall within every year from the completion of the said bridge lay before the General as President, &c. before the Assembly. to lay accounts CHAP. 1806 In what case the rights, &c. here be resumed. sembly an abstract of their accounts, shewing the whole of the capital expended in the prosecution of the said work, and of the income and profits arising from the said bridge for and during the said respective periods, with the statement of the fund for redeeming the bridge, together with an exact account of the costs and charges of keeping the said bridge in repair, and all other contingent costs and charges, to the end that the clear annual income and profits thereof may be ascertained. SECT. 16. Be it enacted, That if the said comby granted, may pany shall not proceed to carry on the said work, within the space of two years after they have been incorporated, or shall not within the space of five years from the passing of this act complete the said bridge, it shall and may be lawful for the Legislature of this State to resume all and singular the rights, liberties and privileges hereby granted to the said company. Penalty for injuring the bridge; For defacing the list of tolls; SECT. 17. Be it enacted, That if any person or persons shall wilfully or without the orders of the said president and directors pull down, break or destroy with intent to injure any part or parts of the said bridge, or of any abutment, pier or piers, of any of the toll houses, gates, bars or other property of the said corporation appurtenant to or erected or made for the use and convenience of the said bridge, or the persons employed in conducting the business thereof, or shall wilfully, without the orders and consent of the corporation, or any person or persons authorized by them, obliterate, deface or destroy the letters, figures or other characters in any written or printed list of the rates or tolls affixed or to be affixed in any place or places for the Or obstructing information of passengers and others, or who shall wilfully and maliciously obstruct or impede the passage on or over the said bridge, or any part or parts thereof, he, she or they so offending, and each of them, shall forfeit and pay to the said president, directors and company the sum of thirty dollars, to the passage over said bridge. covered. be sued for and recovered before any justice of the How to be repeace in like manner and subject to the same rules and regulations as debts under twelve pounds may be sued for and recovered, and he, she or they so offending, may and shall remain liable to actions at the suit of the president, directors and company for further damages for such torts if the said sum or sums herein mentioned be not sufficient to repair and satisfy such damages. SECT. 18. Be it enacted, That so soon as the bridge aforesaid shall be completed, and the road extended from the eastern end thereof to unite with the present State road passing through the hundred of Brandywine to the city of Philadelphia, that then it shall be the duty of the said president and directors, and they are hereby required to certify the same to one of the commissioners of the roads for the hundred of Brandywine, or of Christiana, who shall immediately give notice thereof to the other commissioners of roads of the said hundreds, and thereupon three or more of the said commissioners shall forthwith proceed to view and examine the said bridge, and if after such examination the said commissioners, or any three of them, should be of opinion that the bridge is in a condition suitable for the safe passage of horses and carriages, they shall certify the same accordingly under their hands, and deliver the certificate to the president of the said company, and a duplicate of the said certificate shall be delivered to the Levy court of New-Castle county, and thereupon the said president and directors, or the said Levy court, shall have power to cause to be taken down and wholly removed the wood work, and piers of the bridge at present erected over the said creek, at the Brandywine mills; and from thenceforward the said bridge shall not be repaired or set up, nor shall any other bridge or bridges be erected over or across the said creek at or near the State road before mentioned. Passed at Dover, January 28, 1806. Bridge when completed to be examined, &c. Old bridge to be removed. |