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liam and Nathan Skeer," in the list of the commissioners, in the first section of said law; Therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the Comm Inwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That William Walker, of the county of Butler, shall be W. Walker deemed to have been duly appointed by the said act one of the said commissioners, and that all his acts as such are hereby commissioner appointed a declared to be good and valid: And provided also, That the Proviso. act or acts of the majority of the said commissioners shall be Acts of maconsidered as good and valid as if their whole number had con- jority of comcurred therein; and that the restriction of the number of shares missioners of the stock of said company to one hundred is hereby repealed, made valid. JAMES THOMPSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The seventh day of March, Anno Domini, eighteen hundred and thirty-five.

GEO: WOLF. ́

No. 41.

An Act

To supply the borough of Harrisburg with water, and for other purposes

introduce

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is her by enacted by the authority of the Corporation same, That the corporation of the borough of Harrisburg, in authorized to the county of Dauphin, be and they are hereby authorized and empowered to procure and introduce into the said borough a sufficient supply of pure fresh water, for the use of the citizens thereof, at the expense of the said borough.

water.

SECTION 2. In order to carry into effect the provisions of the foregoing section, the corporation of the borough of Harris- May use burg aforesaid are hereby authorized to occupy and use such streams and springs, &c. streams and springs of water as may be fixed upon and found for a supply. suitable or purchased by the said corporation for that purpose, and to bring and convey the requisite supply of water into the said borough, by means of pipes, trunks or aqueducts; and Construct also to dig and wall up the said springs and streams, and to cisterns or provide and construct the proper cisterns or reservoirs for the reservoirs. reception of the water thereof. And for these purposes the said Occupy and corporation, by their agents and workmen, may at all times use certain enter in and upon and occupy and use such lands and enclos- lands, &c.

case of failure

to which this is a supplement, and the several supplements Proceeding in thereto, are now by law recoverable; and in case of failure to pay the same shall be imprisoned, in the jail of the county where the offence shall have been committed, for the first offence, ten days, and for all similar offences thereafter any term not exceeding one month.

to pay.

Duties of

township coL. stables on

the river.

SECTION 3. It is hereby made the duty of the constable of the townships on both sides of the river adjoining the dams, and opposite the sluices mentioned in the first section of this act, under the penalty of twenty-five dollars for neglecting or reboth sides of fusing, to prosecute all persons offending against the provisions of this act; and it shall be the duty of each of the said constables, under like penalty of twenty dollars, to examine said dams and the sluices attached to the same, at least twice a week during the fishing season for shad, and to remove or destroy all and every device used or placed in the river for taking of shad, or obstructing their passage, contrary to the provisions of this act; and the commissioners of the counties in which the constables reside, performing the duties imposed upon them by this act, are hereby required to pay for the same out of the county funds, at the rate of one dollar per day for all time necessarily spent by the said constable in such service: Provided, The said constables shall make out their accounts and present the same under oath or affirmation.

Proviso.

Repeal.

SECTION 4. All the acts of Assembly heretofore passed on this subject, which are altered and supplied by the passage of this act, are hereby repealed.

JAMES THOMPSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The fourth day of March, one thousand eight hundred and thirty-five.

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GEO: WOLF.

Preamble.

No. 40.

A Supplement

To an act relative to the Butler and Freeport turnpike road company.

WHEREAS, In an act of Assembly, passed the fourteenth of April, eighteen hundred and thirty-four, entitled "An act to authorize the Governor to incorporate the president, managers and company of the Butler and Freeport turnpike road company," a clerical error occurred in the transcribing, by which the name of " Walker" was omitted between the words "Wil

liam and Nathan Skeer," in the list of the commissioners, in the first section of said law; Therefore,

same,

SECTION 1. Be it enacted by the Senate and House of Representatives of the Comm inwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the That William Walker, of the county of Butler, shall be W. Walker deemed to have been duly appointed by the said act one of the appointed a said commissioners, and that all his acts as such are hereby commissioner declared to be good and valid: And provid-d also, That the act or acts of the majority of the said commissioners shall be considered as good and valid as if their whole number had con- jority of com~ curred therein; and that the restriction of the number of shares missioners of the stock of said company to one hundred is hereby repealed. made valid. JAMES THOMPSON,

Speaker of the House of Representatives.

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APPROVED-The seventh day of March, Anno Domini,'

Proviso.

Acts of ma

eighteen hundred and thirty-five.

GEO: WOLF.

No. 41.

An Act

To supply the borough of Harrisburg with water, and for other purposes

authorized to introduce

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 Corporation same, That the corporation of the borough of Harrisburg, in the county of Dauphin, be and they are hereby authorized and empowered to procure and introduce into the said borough a sufficient supply of pure fresh water, for the use of the citizens thereof, at the expense of the said borough.

water.

SECTION 2. In order to carry into effect the provisions of the foregoing section, the corporation of the borough of Harris. May use burg aforesaid are hereby authorized to occupy and use such streams and springs, &c. streams and springs of water as may be fixed upon and found for a supply. suitable or purchased by the said corporation for that purpose, and to bring and convey the requisite supply of water into the said borough, by means of pipes, trunks or aqueducts; and Construct also to dig and wall up the said springs and streams, and to cisterns or provide and construct the proper cisterns or reservoirs for the reservoirs. reception of the water thereof. And for these purposes the said Occupy and corporation, by their agents and workmen, may at all times use certain enter in and upon and occupy and use such lands and enclos- lands, &c.

ures as may be deemed necessary, and dig trenches and drains or ditches, lay and construct pipes, trunks or aqueducts through the same, and whatever else may be deemed necessary for the purposes aforesaid, as well as constantly to protect, uphold, alter, extend and repair the same, the said corporation doing as little injury to private property as may Le practicable, and paying for whatever land shall be occupied or damage done by them to Pay for land the owners thereof such compensation as shall be amicably occupied or damage done, agreed upon between the parties, or as shall be assessed by three disinterested citizens, mutually to be chosen between them, or, In case of dis. in case of disagreement, to be appointed by the Court of Comagreement, mon Pleas of Dauphin county, on the application of either party Court of C. P. to the said court for that purpose, and who shall first be duly to appoint.

General powers.

Hydrants for extinguish ment of fires.

Authority to sell water

power.

Penalty for taking water

without previously contracting.

Proceeds of

sales, how to be applied.

sworn or affirmed, justly and truly to make such assessment, after viewing the premises and hearing the parties. And the said corporation shall at all times thereafter have the liberty to construct, renew, repair, extend and protect the said pipes, trunks, aqueducts, reservoirs, and all other works which they may deem necessary to construct for the purposes aforesaid, on and through private property, doing as little damage as possible; and the said corporation shall also at all times have the liberty to dig, construct and lay pipes, trunks, aqueducts, along the roads and highways, streets and alleys, within the said county, and under the Pennsylvan a canal, and to revise, extend, protect and repair the same, whenever required, shutting up and amending any breaches which they may occasion as soon as practicable.

SECTION 3. The said corporation shall erect hydrants in such streets of the said borough where pipes shall be laid, at such points as they may deem most suitable, to be used solely for the extinguishment of fires. And the said corporation àre hereby authorized and empowered to sell out of the said water, for the benefit and use of the said borough, to all and every person and persons who may be disposed to use the same, at such rates as may be by them from time to time established, having regard to the probable quantity of water which applicants are likely to consume, and regulating the price accordingly; and any person or persons, who shall take any of the said water for domestic, manufacturing or other purposes, without having previously contracted for the same with the said corporation, shall forfeit and pay for every such offence the sum of two dollars, to be recovered before any justice of the peace of said county, in the same manner as debts of equal amount are now by law recoverable, one half of such fine to go to the informant, and the other to the said corporation.

SECTION 4. The proceeds of sales of the said water shall be applied by the said corporation, first to the payment of the interest on such sum of money as may be found necessary to borrow for the purposes aforesaid, so long as it may be thought advisable to continuc said loan; secondly, to the discharge of

the principal of the said loan, and lastly, after the said principal
and interest are fully paid off, to apply the proceeds of the sales
of said water forever thereafter to the extension of the said wa-
ter works and the improvement of the said borough: #rovided Proviso.
always, That the expense of all the necessary repairs, super-
intendence and care of the said water works be paid first out of
the said proceeds of sale of the said water.

SECTION 5. That any person or persons, who shall wilfully destroy or injure in any manner the pipes, aqueducts, cisterns, Penalty for wilful injury reservoirs, hydrants, or any of the works of the said corpora- of worke, &c. tion, (whether for their protection or otherwise, erected in pur suance of this act,) or shall wilfully corrupt, or in any wise render impure or unwholesome any of the springs or streams of water which shall be used by the said corporation for the purposes aforesaid, or any of the waters thereof, shall, on being convicted thereof, before any justice of the peace of said county, by the oath or affirmation of one or more credible witnesses, forfeit and pay a fine of not less than ten nor more than fifty dollars for the first offence, and double those rates for the second offence, one half of such fine to the use of the poor of said county, and the other half to the informant, to be recovered as debts of like amount are now by law recoverable, and shall moreover remain liable for all damages to the said corporation. SECTION 6. The corporation of the said borough of Harrisburg are hereby authorized and empowered, if it shall be found may borrow to be necessary for the accomplishment of the purposes of this money to fulact, to borrow such sum of money as may be required therefor, fil this act. upon the faith and credit of the said borough, at a rate of interest not exceeding six per centum per annum, and to apply such portion of the taxes raised upon the said borough, as may be required to the punctual payment of the said interest.

Corporation

SECTION 7. That in case the said corporation should, upon Authority to examination, find that they were not able to accomplish the ob- purchase site ject of bringing water into the said borough from any of the for erection of streams in the vicinity of the same, that in that case they shall buildings, &c. have full power to purchase any site which they may think proper, upon the bank of the Susquehanna river, and there to construct, erect and put up any buildings and machinery which may be required for the purpose of forcing water into the borough of Harrisburg, with power to place a reservoir on the north-east corner of the enclosed public ground on Capitol Hill: Provided, The buildings of the Commonwealth shall be sup- Proviso. plied with a sufficient quantity of water from said reservoir. JAMES THOMPSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The tenth day of Maich, one thousand eight

hundred and thirty-five.

GEO: WOLF.

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