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Certain powers guardians of the poor of the several townships within this commontransferred to su- wealth. to recover certain fines, penalties and forfeitures, and for other pervisors.

Repeal.

Notice of commissioners' appointment.

Citizens to vote for or against a poor house.

Suspension.

Duty of sheriff.

purposes, are hereby conferred and imposed on the supervisors of the highways in said county of Lehigh; and that the justices of the peace and sheriff within the said county, are hereby required and enjoined to pay to said supervisors, to be by them applied to the repair of the highways, the aforesaid fines, forfeitures and penalties, within the time and in the manner prescribed by the said act, for the payment thereof, in other counties, to the overseers of the poor, and to give notice of the receipt thereof to the said supervisors within the time and in the manner aforesaid; and that for any neglect or refusal to perform any of the duties enjoined on them by the said act, the said justices of the peace and sheriff in said county, shall be subject to all fines, penalties, and forfeitures, to which justices and sheriffs in other counties, by the said act, are subject or liable.

SECTION 16. So much of the laws of this commonwealth relating to the poor, as are by this act altered or supplied, be and the same are hereby repealed, so far as they affect the county of Lehigh.

SECTION 17. That the sheriff of the said county shall, in due time, notify the said commissioners of their appointment, and when and where they shall meet for entering upon the duties assigned them by this act, which place of meeting shall be as near the centre of the county as possible.

SECTION 18. For the purpose of ascertaining the sense of the citizens of Lehigh county, as to the expediency of erecting a poor house, it shall be the duty of each of the inspectors for the several townships and borough, at the next general election, to receive tickets either written or printed, from the qualified voters thereof, labelled on the outside "poor house," and in the inside, "for a poor house" or "against a poor house;" and if it shall appear upon casting up the votes in the different districts, at the court house on the same day, that other returns are made out, that a majority of those who voted are found to be against a poor house, then the provisions of this act shall be and the same are hereby declared to be suspended for the time being: Provided, nevertheless, That the provisions contained in the eighteenth section of said act, shall survive and continue in force for the period of five years from the time of its passage; and it shall be the duty of the inspectors aforesaid, to comply with the duties imposed on them by the provisions of this act, at each general election during said period of time; and if at any general election as aforesaid, it shall appear upon casting up the votes as provided in the said eighteenth section of this act, that a majority of those who voted are found to be in favor of a poor house, then the foregoing act shall be declared to be in full force and virtue.

SECTION 19. And the sheriff of the said county of Lehigh, shall cause to be published the eighteenth section of this act, in all the newspapers printed in said county, at least six weeks previous to the next general election; the expenses of which shall be paid out of the county treasury.

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APPROVED The eleventh day of April, one thousand eight hundred

and forty-four.

DAVID R. PORTER.

No. 180.

A SUPPLEMENT

To an act, entitled "An Act authorizing the governor to incorporate the Schuyl kill valley navigation and railroad company," and to the several supplements thereto.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the Schuylkill valley navigation and railroad company be and they are hereby authorized to create any number of shares of stock, not exceed- Additional stock. ing four thousand, in addition to the shares already authorized: Provided, That before the creation of any such additional stock, the stock. holders of the said company, or a majority of them, shall give their assent to the same at their annual or other general meeting, to be called for that purpose, of which twenty days notice shall be given, in two newspapers published in the city of Philadelphia, and ten days notice in one newspaper published in the county of Schuylkill: And provided Proviso. further, That no certificate of stock shall be issued, until the sum of fifty dollars per share shall be paid to the company for the same: Provided, That it shall not be necessary to issue one certificate for each share of stock of the said company, but one certificate may be issued for any number of shares that shall be held by one person, copartnership, or body corporate; that every such certificate shall specify the several shares represented thereby; and the numbers of said shares shall be set forth in their progressive order.

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SECTION 2. That it shall and may be lawful for the said company to Location, width, open, alter, and widen their railway, and that they may change the &c. of railway. location and direction of the same, at any places between the points of beginning and ending, specified in their charter, so that it shall not be more than five rods wide, except at points for depots and engine stations, where, if necessary, it may be eight rods wide; that the said road may cross the river Schuylkill, and other streams in the said valley, wherever they deem it expedient; that it shall and may be lawful for the said company to enter in and upon, occupy and hold, for the purpose of making and constructing said railroad, and all depots, engine and water stations and toll gates, and houses and other devices connected with the same, any land upon which the same may be located, with the consent of the owners thereof; or in case of their refusing to consent, or being infants or feme covert, or persons absent from the commonwealth, or unknown, on giving security to the satisfaction of the court of common pleas of Schuylkill county, for the damages that may be assessed, and the damages shall be assessed in the same manner as is provided in the act of assembly incorporating the Philadelphia and Reading railroad company: Provided, That the said company shall, within fifteen months from the passage of this act, lay down a double track iron railway, on Double track. the whole distance of the said road, corresponding in weight of rail and width of track, with the Philadelphia, Reading and Pottsville railway: And provided, That the tracks of the present railway shall not be taken up nor the use of the same withheld from the public, until after the first day of November next; that all persons shall be permitted to intersect and cross this railroad, at any point if not within one hundred

Intersection.

Proviso.

Toll.

Horse-power.

Locomotive engines.

Rights, privileges

&c.

Vacancy.

Extension of road

Repeal.

yards of any other intersection or cross-cut: Provided, That the intersecting track shall be laid down at the expense of such persons, and under the direction of this company: And provided further, That both branches of said railroad, that are now constructed on both sides of the river Schuylkill at Port Carbon, extending to points opposite the mouth of Mill creek, shall be maintained and kept up; and all persons owning or occupying lots or landings adjacent, shall have the right to intersect said branches, without reference to the distance between said intersections.

SECTION 3. That the toll on coal and other minerals and fossils, shall not exceed two cents per ton per mile; that the ton shall be two thousand two hundred and forty pounds; that the ton shall be divided into hundred weights, and all fractional parts of a hundred weight shall be charged as a hundred weight, and not more; that the mile shall be divided into fractions of quarters, and all fractional distances under a quarter of a mile, shall be charged as a quarter of a mile, and not more; That if the company exclude horse power from the road, they shall transport the loaded cars of all persons by locomotive steam engines, receiving and delivering them at any points on the road designated by the owners; and they shall charge for the use of the motive power, a rate not exceeding one cent per ton per mile on coal and other minerals and fossils, and they shall return the empty cars without further charge: Provided. That the locomotive steam engines of all persons shall be allowed to pass over this road without charge, when engaged in drawing loaded cars and returning them empty, subject to the rules and regulations prescribed by this company, for the government of their own engines and cars: And provided, That all persons shall have the right to use their own cars on this road, subject to the regulations prescribed by the company for their own cars: And provided further, If the company neglect or refuse to transport the loaded cars of all persons by locomotive steam power, such person or persons shall have the right to use horse power, in conveying their cars on said road.

SECTION 4. That all the rights, privileges and immunities granted to this company, in their original charter, and in the several supplements thereto from time to time enacted, be and the same are hereby revived, extended and confirmed.

SECTION 5. That in case of death, resignation or removal from the state, of any officer or manager of this company, his place shall be supplied by the board of managers until the next election.

SECTION 6. That it shall be lawful for said company to extend their railroad and improvements from the said Schuylkill valley, near the town of Tuscarora, a distance not exceeding six miles, and to approach any of the coal mines in that region.

SECTION 7. That so much of the act or acts, incorporating the Schuylkill valley navigation and railroad company, and the several supplements thereto, as is inconsistent with the provisions of this act, be and the same is hereby repealed.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twelfth day of April, one thousand eight hundred

and forty-four.

DAVID R. PORTER.

No. 181.

A SUPPLEMENT

To an act, entitled "An Act authorizing the governor to incorporate the Northampton water company," passed the 13th day of February, A. D. 1816.

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 it shall and may be lawful for the Northampton water company to extend their pipes and dispose of their water beyond the limits of the borough of Allentown, as the same is now done within said borough.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twelfth day of April, one thousand eight hundred

and forty-four.

DAVID R. PORTER.

No. 182.

SUPPLEMENT

To an act relative to an old pier in the Delaware 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

the commissioners of Fayette county, or a majority of the same, are Commissioners of hereby directed and authorized to examine as soon as practicable, after Fayette county. the passage of this act, the dam and site at which the lock or locks are required to be built by the fourth, fifth and sixth sections of the act of the twelfth of April, one thousand eight hundred and forty-three, entitled "An Act relative to an old pier in the Delaware river," to which this is a supplement, and after sufficient examination of the premises aforesaid, shall decide and determine the size, dimensions and materials, of which Size and dimensaid lock or locks shall be built, having in view the size and kind of craft sions of locks at navigating the Monongahela river, and the necessary permanency of said "Heaton's mill lock or locks, as well as the increasing importance of the navigation of said and dam," on the river; and as soon as said decision and determination shall be made, Monongahela the said commissioners, or a majority of them, shall give immediate notice to the owner or owners of the mills and property connected with the dam on each side of the river, and all other persons interested in the

river.

ed.

same, by putting up one or more printed or written notices on the premises on each side of the river, containing a specification of the size, dimensions and materials of which said lock or locks are to be built.

Time for conSECTION 2. The time for the building or construction of said lock or struction extend- locks, is hereby extended to the first day of April, one thousand eight hundred and forty-five, after which, in case said lock or locks shall not have been built according to the provisions of said act, and this supplement, it shall be lawful for any person or persons interested in the navigation of said river, to proceed as is authorized by said act, either by opening a sufficient schute or channel on the Fayette county side of the river, by indictment for nuisance, or by action against the owner or owners of the mill or mills on either side of said river, for damages sustained by reason of said obstruction, or by unnecessary detension; and the remedy may be by action of trespass before justices of the peace, in all cases where the amount claimed shall not exceed the juris-diction given by existing laws in actions of trespass: Provided, That the measure of damages shall not exceed the actual expense incurred by owner or owners of boats during the period of such detension. JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

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APPROVED-The twelfth day of April, one thousand eight hundred

and forty-four.

No. 183.

DAVID R. PORTER.

Corporators.

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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 all those persons who, at the time of the passage of this act, are the proprietors of the capital stock of the Northern Liberties gas works, under the ordinance of the commissioners and inhabitants of the incorporated district of the Northern Liberties, entitled "An Ordinance for the construction and management of the Northern Liberties gas works," passed the fifteenth day of March, in the year one thousand eight hundred and thirty-eight, and the several supplements thereto, shall be and their successors and assigns are hereby created and made a corporation and body politic, by the name, style and title of the "Northern Liberties gas company," and by the same name shall have perpetual succession; and shall be able to sue and be sued, implead and be impleaded, Liberties and pri- in all courts of record and elsewhere; and to purchase, have, hold, revileges. ceive, possess, enjoy and retain to them and their successors, lands,

Name.

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