Part of act of

SECTION 2. So much of the act of fifteenth April, one thou1834 repealed sand eight hundred and thirty-four, as relates to the time of holding elections in said township and the meeting of township auditors, is hereby repealed.

Election of

constable in

Brookville,
Jefferson co.

SECTION 3. The qualified clectors of the borough of Brookville, in the county of Jefferson, shall annually hereafter, on the third Friday of March, at the usual place of holding their borough elections, elect two reputable citizens of said borough, and return the names of the persons so elected to the next Court of Quarter Sessions of said county, one of whom shall be appointed constable of said borough, in the same manner, with the like power and authority, and subject to the same regulations and penalties as are provided and contained in the laws now existing or that may hereafter exist, concerning township constables within this Commonwealth; which said elections shall be held and conducted by the same persons, and in the same manner, as the elections for borough officers in said borough are held and conducted.

APPROVED-The third day of February, one thousand eight hundred and thirty-five.

GEO: WOLF.

To increase the compensation of the judge of the District Court of the city and county of Lancaster.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in Geral Assembly met, and it is hereby enacted by the authority of he same, That from and after the first day of May next, the judge of the District Court of the city and county of Lancaster, shall receive a yearly compensation of four hundred dollars, in addition to the salary now payable to him by law.

APPROVED-The sixth day of February, one thousand eight

hundred and thirty-five.

GEO: WOLF.

No. 22.

A Supplement

To the act incorporating the Southwark Fire Insurance company of the county of Philadelphia.

SECTION 1. Be it enacted by the S nste and House of Representatives of the Commonwealth of Pennsylvania in General Assembly riet, and it is hereby enacted by the authority of the same, Tha from and after the passage of this act, a majority of the commissioners appointed by the act to which this is a supplement, shall be vested with all the powers and authorities granted to the commissioners appointed under the act of the fifteenth of April, one thousand eight hundred and thirty-four: and it shall and may be lawful for the stockholders, at any time after the letters patent shall have been issued by the Governor, to elect the directors, in manner and form as provided in the act aforesaid and said directors so elected shall have all the power and authority vested in directors by said act, and shall hold their office until the first Monday of January, one thousand eight hundred and thirty-six.

JAMES THOMPSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The sixth day of February, one thousand eight hundred and thirty-five."

GEO: WOLF.

No. 23.

An Act

To authorize the Philadelphia and Trenton rail-road company to con struct a viaduct across the river Delaware.

WHEREA 3, The Philadelphia and Trenton rail-road company was incorporated by an act of the General Assembly of this Commonwealth, on the twenty-third day of February, in the Preamble.. year of our Lord one thousand eight hundred and thirty-two, to locate an construct a rail-road of one or more tracks, from the district of Kensington, to a point at or near the Trenton Delaware bridge: And whereas, the said company has constructed the said road: And wher as, it appears to the Legisla ture that th public generally, and particularly the citizens of

Authority to

construct a bridge or viaduct

across the Delaware

river. Width.

May enjoy in fee simple

such lands as

Pennsylvania who may have occasion to travel on said railroad, would be greatly accommodated by the construction of a viaduct across the Delaware river, so that the cars of said railroad company may pass over to the Jersey side of the river: 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 said Philadelphia and Trenton rail-road company shall have power to construct a bridge or viaduct across the Delaware river, at any point which may be convenient for that purpose, of sufficient width to lay down a double track of rails, for the accommodation of their rail-road cars, and to enable them to cross to the Jersey side of the river; and also to purchase, take, hold and enjoy, to them, their successors and assigns, in fee simple, or for any less estate, on the Pennsylva nia side of said river, all such lands as may be necessary and may be neces convenient to them, for the accommodation and protection of sary for the their cars, and other necessary property, or that may be neces protection of for their full enjoyment of the powers and privileges hereby their cars and sary other property granted, and to erect all necessary buildings thereon: Provided, That the said bridge or viaduct shall not be used for any other purpose than for the passage of the cars, horses, locomotives and other necessary machines and carriages of the said company, with their passengers and contents, and the agents and the necessary laborers and men employed by the said company; and that it shall be the duty of the said company to keep the said bridge or viaduct closed, so that no other person or property may pass over the same: And provided also, That the said company shall so erect the said bridge or viaduct, as in no wise to injure, stop or interrupt the navigation of the said river, or prevent boats or rafts from passing by the same.

Proviso.

3d Proviso.

viaduct.

SECTION 2. The said company shall have power to extend Comp'y shall bave power to their rail-road from the point where it now terminates, to the extend r. road said bridge or viaduct; and that they, their agents, and all perfrom its pre- sons employed by or under them, for the purposes contemplated sent termina in this act, shall have power to enter on any land which they tion to said shall deem necessary for laying out the rail-road between its Power to en. present termination and the bridge or viaduct, and also for the ter on lands purpose of searching for stone, gravel, wood, or other materials, and to obtain for constructing the same; but no stone, gravel or wood shali materials. be taken away from any land, without the consent of the owner thereof, until the rate of compensation for the same be ascer tained and paid, which rate of compensation, if the parties cannot agree thereon, shall be ascertained in the manner hereinafter prescribed as to the compensation for lands over which said road may be laid, and the said bridge or viaduct erected.

SECTION 3. In case the said company and the owner or owners of the lands required by the said company, for the purpose of carrying into effect the objects of this act, shall not

agree upon the price of the said lands, or in case the said owner In case of noa
or owners shall be legally incapacitated to make such agree- agreement
ment, then it shall be lawful for the said company to apply to company may
the Court of Common Pleas of the county in which the land lies, of C. Pleas of
apply to Court
who, upon such application, is hereby authorized and directed county where
to appoint three discreet and disinterested freeholders of the said the land lies.
county, who, after being duly sworn or affirmed, before any
justice of the peace of the same, faithfully to perform the duties
enjoined on them by this act, shall proceed to view and examine
the said lands, and shall, according to the best of their skill and
judgment, ascertain and estimate the injury and damage that
will be sustained by the owner or owners of such lands, and
shall report what sum shall be paid by said company for the
same, which report shall be made in writing, under their hands
and seals, or under the hands and seals of any two of them,
and filed in the office of the prothonotary of the said court,
within five days after they shall have agreed upon and signed
the same; and the said report, having been confirmed by the
said court, and the said company having paid the said owner or
owners the several sum or sums awarded to be paid to them in
and by the said report, together with the fees of the said arbi-'
trators, at the rate of one dollar to each for every day employed
in the said business, and their necessary expenses, the said
company shall be entitled to have and to hold, to them and
their successors and assigns for ever, the said lands, as fully
and effectually as if the same had been granted to them by the
respective owners thereof; and it shall and may be lawful there-
upon, and not before, for the said company to enter upon the
said lands, and to extend the said rail-road, as well as to com-
mence and complete the erection of the said bridge or viaduct.
SECTION 4. If any person or persons shall wilfully cut, de-
stroy, break or remove from the said bridge or viaduct, or any
part thereof, any piece or pieces of timber, plank or planks, Penalty for
stone or stones, chain or chains, bolt or bolts, or any other ma- wilfully injur
terials whatsoever belonging to said bridge or viaduct, or other- ing work.
wise wilfully or maliciously damage the same, he, she or they
so offending, shall forfeit and pay for every such offence, over
and above the damages done to said bridge or viaduct, any sum
not exceeding one hundred dollars, to be recovered as debts
of an equal amount are by law recoverable.

JAMES THOMPSON,
Speaker of the House of Representatives.

JACOB KERN,

APPROVED-The ninth day of February, one thousand eight

hundred and thirty-five.

Speaker of the Senate.

GEO: WOLF.

No. 24.

A Supplement

To the act entitled, An act to provide for the education of children at the public expense, in the city and county of Philadelphia.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is he, eby enacted by the authority of the same, That from and after the passage of this act, it shall be the duty of the commissioners of Philadelphia county, and they are hereby required, in pursuance of the duties imposed upon them by the third section of an act entitled, "A supplement to an act entitled, An act to provide for the education of children at the public expense, within the city and county of Philadelphia," passed on the twenty-third day of January, one thousand eight hundred and twenty-one, to raise and pay in cash, to the county treasurer, on the first Monday in every month, one twelfth part of the sum which the controllers of the public schools for the city and county of Philadelphia shall annually report to be necessary to defray the expenses of the first school district for the current year; and the county treasurer shall forthwith, upon the receipt of the said monthly payment as aforesaid, pass the same to the credit of the controllers, and hold the same, subject to the sole and exclusive order of the said controllers, separate and apart from all other county funds. JAMES THOMPSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The ninth day of February, one thousand eight hundred and thirty-five.

GEO: WOLF.

No. 25.

An Act

To incorporate the West Philadelphia Rail Road Conipany.

SECTION 1. Be it enacted by the Senate and House of Represe tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That John P. Wetherell, Joseph Worrel, Thomas D. Grover, Colonel John Thompson, Frederick Sorber, Lewis