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due daily laborers and mechanics for work and labor done as aforesaid, shall be preferred to all other debts, except such debts and claims as are now preferred by existing laws of this commonwealth.

JOHN M. THOMPSON, Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED—The seventh day of March, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 137.

AN ACT

To protect Operatives and Laborers in the county of Montgomery. 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 in all cases of executions, landlord's warrants, attachments and writs of a similar nature, hereafter to be issued against any person or persons, or chartered company engaged in the manufacture of either cotton or woollen goods or cloth fabrics of any kind, it shall be lawful for the mechanics, laborers and opera. tives employed by such person or persons or chartered company, to give notice in writing of their respective claim or claims for wages, and the amount thereof, against such person or persons or chartered company, to the officer executing either of such writs, at any time before the actual sale of the property levied on; and such officer shall pay to such mechanic, laborer or operative, out of the proceeds of sale, the amount each is justly and legally entitled to receive, not exceeding one hundred dollars, in like manner as rents are now payable in such cases: Provided, That this act shall only extend to the county of Montgomery.

OHN M. THOMPSON, Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED-The seventh day of March, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 135.

AN ACT

Fixing the place of holding the Elections in the township of Price, in the

county of Monroe. WHEREAS, At the court of quarter sessions for the county of Monroe, at December, term, one thousand eight hundred and fifty-nine, the new township of Barrett was erected out of parts of the townships of Paradise and Price, in said county :

And whereas, In the erection of the said new township, the place of holding the general and township elections in said township of Price falls within the limits of the township of Barrett; therefore,

Section 1. Be it enacted by the Senate and House of Represen. tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the general, special and township elections in the township of Price, in the county of Monroe, shall be held at the house of Abraham Gish, in said township.

JOHN M. THOMPSON, Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED— The seventh day of March, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 136.

AN ACT

To prevent the destruction of Trout in certain counties of this Common

wealth.

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 Taking or killing from and after the passage of this act, it shall not be lawful for trout in a certain manner, pro

any person or persons within the counties of Westmoreland, hibited Chester, Luzerne and Fayette, to take or kill trout with nets,

brush drags, by draining off the water, sledging, or by throw

ing into the water any noxious or poisonous preparation; and
that any person or persons offending against the provisions of
this act, upon conviction before a justice of the peace, shall for-
feit and pay a penalty of five dollars for the first offence, and
for the second and every subsequent offence, the sum of ten dol-
lars, to be sued for in the name of the township, for the use of
the complainant, in which the offence was committed, in the
form of an action of debt, process against the offending parties
to issue on the oath or affirmation of the complainant to arrest
defendant: Provided, That the party making the complaint shall Proviso.
be a competent witness on the trial of the case: Provided fur-
ther, That the proceedings to enforce the penalties provided for Proviso.
in this act shall be deemed sufficient in law, if it appears from
the docket that the forms in civil actions have been adhered to
in rendering the judgment; and the hearing and final judgment
in all cases under this act, shall not be treated as summary con-
victions.

SECTION 2. That one-half of the penalty recovered under this Penalty, how apact shall go to the school fund of the township in which the plied. offence was committed, and the other to the supervisors of the roads of the same township; for the collection of which penalty execution may issue, with clause of capias.

ed for non-payment of penalty.

SECTION 3. That if the party or parties against whom a judg- May be imprisonment has been obtained, as hereinbefore provided, shall fail or refuse to pay said penalty after execution issued, it shall be lawful, and the justice is hereby directed, to commit the said delinquent to the county prison for a period not exceeding twenty days.

SECTION 4. That the parties may, if they deem proper, appeal Appeal. to the court of common pleas of the county wherein the judgment was rendered, subject to the restrictions now in force in relation to appeals.

JOHN M. THOMPSON,

Speaker of the House of Representatives pro tem.

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APPROVED-The seventh day of March, Anno Domini one

thousand eight hundred and sixty.

WM. F. PACKER.

No. 137.

AN ACT

To release the Register and Recorder of Potter county from the payment of certain Taxes.

WHEREAS, Timothy Ives has been appointed to fill the vacancy in the office of register and recorder of Potter county, occasioned by the death of A. H. Butterworth, the late incumbent:

And whereas, The said Timothy Ives will only hold the said offices, under said appointment, but about eight months, thereby rendering it unjust that he should be charged the full amount of taxes and fees upon his commission; 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 Timothy Ives be and he is hereby released from the payment of the taxes on his commissions.

JOHN M. THOMPSON, Speaker of the House of Representatives pro tem. WM. M. FRANCIS,

Speaker of the Senate.

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To vacate a former part of Wallace street, in the city of Philadelphia.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That so much of Wallace, formerly called Andrew or St. Andrew street, between Nineteenth and Twentieth streets, in the city of Philadelphia, as was at any time laid out, opened or dedicated to public use as a highway, south of the present south line of the said Wallace street, as laid down on the present confirmed

plan of that part of the said city, be and the same is hereby
vacated.

JOHN M. THOMPSON,
Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED—The eighth day of March, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 139.

A SUPPLEMENT

To an act to incorporate the Hestonville, Mantua and Fairmount Passenger

Railroad Company, approved April sixth, Anno Domini one thousand eight hundred and fifty-nine.

WHEREAS, It has been deemed for the present inexpedient Preamble. that the Hestonville, Mantua and Fairmount Passenger railroad company avail themselves of that portion of their charter, which provides that the said company shall have the right to run their cars over any passenger railway now constructed, or which may hereafter be constructed, so as to give the said company a complete route from Hestonville to the eastern limit of the city of Philadelphia:

And whereas, The said company, relying upon the express intention of the general assembly to afford a through route to the inhabitants of that important part of the city through which said railroad is located, have expended a considerable sum of money in the laying of their tracks, the erection of depot, purchase of horses, cars, et cetera ; therefore,

Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That for the better carrying out the intention of the general assem• Authorized to bly, as expressed in the act aforesaid, the Hestonville, Mantua extend road. and Fairmount Passenger railroad company are hereby authorized and empowered to lay out and construct their railway tracks from their present terminus, across the Schuylkill to Callowhill street, and along Callowhill street to Delaware avenue, and westwardly from Hestonville, and northwardly along Thir. ty-fifth street to such point or points as may be required, froin time to time, and to lay their tracks on and occupy such other street or streets as may be necessary, to reach Twenty-first or Twentieth and Callowhill streets, from their present ierminus at Fairmount.

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