1 Wayne county. SECTION 53. That the qualified voters of the township of Palmyra, in the county of Wayne, be and they are hereby authorized to elect another constable in addition to the one now authorized by law to be elected. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The nineteenth day of February, one thousand eight hundred and forty-five. FRS. R. SHUNK. Justices. Elections. Election of supervisors. Town council, vacancies. No. 38. A SUPPLEMENT To the several acts incorporating the borough of Pottsville, and for the election of borough and township officers. 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 qualified electors of the North-East and North-West wards of the borough of Pottsville, shall, respectively, be entitled to choose two justices of the peace and one constable, for their respective wards, in manner provided by law; and that all elections for the North-West ward shall be held at the house now occupied by Nathaniel J. Mills, and all elections for the North-East ward shall be held at the house now occupied by Maximillian Doerflinger. SECTION 2. That the qualified electors of the respective wards, boroughs and townships, of the county of Schuylkill, shall hold their annual elections, for the election of constables, justices of the peace, assessors, supervisors, and all other officers for such wards, boroughs and townships, respectively, except the election of such officers whose elections are provided for by the several acts incorporating said boroughs, and their several supplements, on the fourth Friday of February instant, and on the third Friday of February annually hereafter. SECTION 3. That the qualified electors of each ward of the borough of Pottsville, shall hereafter, at the times and places of holding their borough elections, elect one supervisor for each ward respectively; and it shall be the duty of the supervisors so elected to superintend and attend to the opening, widening and repairing of the public streets and highways of said borough, in the respective wards for which said supervisors shall be elected, under the directions of the street committee; and so much of all former laws, inconsistent with the provisions of this section, be and the same is hereby repealed. SECTION 4. That whenever a vacancy occurs in the town council of the borough of Pottsville, occasioned by the death, resignation, refusal to act, removal from the borough, of any of the members thereof, the FINDLEY PATTERSON, Speaker of the Senate. APPROVED The nineteenth day of February, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 39. AN ACT To change the names of Jonathan, Benjamin Franklin, Mary Ann, Elizabeth Hannah, and Emma Nichols, to Jonathan, Benjamin Franklin, Mary Ann, Elizabeth, Hannah, and Emma Jackson, and to confer upon them respectively all the rights and privileges of children born in lawful wedlock; and to legitimatize the natural children of Sarah Williamson, (now Sarah Russel,) of the county of Greene. 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 names of Jonathan, Benjamin Franklin, Mary Ann, Elizabeth Han- Names changed nah, and Emma Nichols, children of Jonathan Jackson and Ann from Nichols to Nichols, of the county of Chester, be and the same are hereby changed Jackson. to that of Jonathan Jackson, Benjamin Franklin Jackson, Mary Ann Jackson, Elizabeth Hannah Jackson, and Emma Jackson. SECTION 2. That the said Jonathan Jackson, Benjamin Franklin Legitimated. Jackson, Mary Ann Jackson, Elizabeth Hannah Jackson, and Emma Jackson, shall have and enjoy all the rights, benefits and advantages 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, the said Jonathan Jackson, or their said mother, the said Ann Nichols, as fully and completely, to all intents and purposes, as if they had been born in lawful wedlock. SECTION 3. That Mary, Ann, David, and Elizabeth, illegitimate Children of Sarah children of Sarah Russel, (late Williamson,) of Greene county, are Russel, legitihereby declared legitimate, by the names of Mary Rape, Ann Jones, mated. David Jones, and Elizabeth Faulkner; and capable in law and equity to inherit and transmit any estate, real, personal and mixed, as fully and effectually as if born in lawful wedlock. APPROVED The twenty-second day of February, Anno Domini one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 40. AN ACT Relative to public roads in certain counties therein named. 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 Road and bridge hereafter the number of road and bridge viewers appointed by the courts viewers in Butler, of quarter sessions of the counties of Butler, Allegheny, Luzerne, LyAllegheny, Lu- coming, and Clinton, shall be three, one of whom shall be a surveyor, zerne, Lycoming if deemed necessary; and every view and review shall be made by the and Clinton counties. Notice. Releases of damages, &c. Duty of courts. whole number of persons so appointed, a majority of whom shall concur in their report, in order to its confirmation by the court. SECTION 2. That in all cases of the appointment of viewers in said counties, to view and locate a public or private road, or to review a public road, the said viewers or any one of them shall, before proceeding to make their view or review, give public notice by at least three advertisements, put up in the vicinity of the contemplated route of such road, of the time and place where the said viewers will meet for the purpose of making such view or review, at least five days before such meeting. SECTION 3. That if the viewers shall decide in favor of locating a public road, or to make any change in the location of the public road which they were appointed to review, it shall be the duty of the viewers to endeavor to procure, from the persons through whose lands such location may be made, releases for all claims of damages that might arise from opening the same; and in every case where said viewers shall fail to procure such releases, and it shall appear to them that any damages will be sustained, it shall be their duty to assess the damages and make report thereof, signed by a majority of their number, and return the same, together with all releases obtained, to the proper court of quarter sessions. SECTION 4. That it shall be the duty of said court to examine carefully the amount of damages assessed as aforesaid; and if said court shall be satisfied that the amount of damages assessed in any case is such that the public interest will be subserved by its payment, and the opening of the road, said court shall confirm such view or review, and the assessment of damages, which shall be paid as now directed by law; but if said court shall not be satisfied, the said report shall not be confirmed unless the same shall be paid first by the petitioners. SECTION 5. That from and after the passage of this act, it shall be Allegheny counthe duty of the county commissioners of Allegheny county, to repair ty, bridges, &c. all bridges erected by the said county, and to pay the expenses of such repair out of the county treasury in the usual manner. SECTION 6. That from and after the first day of June next, the num- Beaver county. ber of road and bridge viewers appointed by the courts of quarter sessions of the county of Beaver, shall be three, one of whom shall be a surveyor; and every view and review shall be made by the whole number of persons so appointed, a majority of whom shall concur in their report in order to its confirmation by the court. SECTION 7. That from and after the passage of this act, the super- Crawford county. visors of each township in the county of Crawford, or a majority of them, are hereby authorized and required at their first meeting, as is provided for in the second section of the act, entitled "An Act relative to roads and bridges in the counties of Crawford, Clearfield, and Greene," approved the seventh day of May, eighteen hundred and fortyfour, to divide their respective townships into as many road districts as they deem necessary, and at the same time and place appoint a competent person for each road district to serve as road master, who shall do and perform all the duties enjoined on road masters, by the aforesaid act. SECTION 8. That so much of the said act as is hereby supplied, be and the same is hereby repealed. Repeal. SECTION 9. That this act shall take effect on the first day of June When to take next. FINDLEY PATTERSON, WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The twenty-fourth day of February, one thousand eight. effect. hundred and forty-five. FRS. R. SHUNK. No. 41. AN ACT To authorize the governor to incorporate the Bethlehem water company. SECTION 1. Be it enacted by the Senate and House of Representafives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the present members of the Bethlehem water company, that is to say, P. H. Corporators. Goepp, Wm. Eberman, Henry Shulz, J. C. Brickenstein, C. D. Bishop, Christian Luckenbach, Henry B. Luckenbach, Charles L. Name. Object. Powers. Election. Annual. Proviso. Classification. Vacancies. Vote. Certificates of stock. Knauss, John Oerter, C. F. Beckel, Jonathan Bishop, Felix Fenner, Francis Zoller, G. Greenewald, Chas. Tombler, John M. Micksh, Jacob Siegmund, and James T. Borheck, their successors and assigns, shall be and they are hereby made and constituted a body politic and corporate, by the name, style, and title of the Bethlehem water company;" and by the same name, style, and title, shall have continual succession, and shall be able in law to sue and be sued, to plead and be impleaded, and to make, have, and use a common seal, and all the privileges and franchises incident to a corporation necessary for the purpose of supplying the town of Bethlehem with water, and for no other purpose whatever, and shall be capable of taking and holding the public stock and the increase and profits thereof, and of enlarging the same by new subscription if it shall be found necessary to fulfil the intent of this act, and of purchasing, taking, and holding to them, their successors, and assigns, and of selling and transferring in fee simple or for any less estate, such lands, tenements, hereditaments, and estates, real and personal, as shall be necessary in the prosecution of their works, and of doing every matter and thing which a corporation or body politic may lawfully do in the premises. SECTION 2. That any three or more of the stockholders shall, as soon as conveniently may be after the passing of this act, give at least ten days notice by at least five written or printed advertisements, to be put up at the most public places in the said town of Bethlehem, to meet and hold an election for choosing by ballot six managers, who shall be stockholders, to serve as hereinafter provided; and the elections for officers shall be annually on the first Monday after the first day of April, at such hour and place as may be appointed by said managers, of which at least ten days notice shall be given as aforesaid: Provided, That no stockholder not residing within the town of Bethlehem shall be eligible as a manager or treasurer of said company: And provided, That no mis nomer nor failure of election of officers on the day appointed shall discontinue or dissolve the said corporation, but the managers and officers shall continue in office until a new election, which shall be made at such time and place and after such notice as the board of managers may prescribe. The six managers aforesaid shall, at their first meeting, by casting lots, divide themselves into two equal sections-the term of service of the first section to expire at the next election, the services of the second section to continue to the next subsequent election-the annual elections being for three managers, excepting when vacancies shall have occurred, which shall be supplied at the next election subsequent to such occurrence. In all elections and upon all questions aris ing at meetings of the stockholders, each stockholder shall be entitled to one vote for each share bona fide held by him, not exceeding four; and for every two shares above the first four, and not exceeding twelve, one vote; and for every four shares above the first twelve, and not exceeding twenty-eight, one vote; and for every eight shares above the first twenty-eight, and not exceeding one hundred, one vote; and no stockholder shall be entitled to more than twenty-one votes; and no votes by proxy shall be received, nor shall any person be entitled to vote at a meeting of stockholders, unless the share or shares on which he or she may claim to vote shall have been standing in his or her name, in the books of said company, for at least two months previous to said meeting. The said managers shall appoint one of their number president, who shall sign all certificates of stock and contracts; they shall also have power to appoint one of the stockholders who may not be a manager for the time being, treasurer, and who by virtue of this appointment becomes a member of the board, and to appoint such |