docket to which such real estate may become subject after the passage of this act; and the mayor, aldermen and citizens aforesaid are hereby authorized to collect the amount of such lien by a writ of scire facias issuing out of the court of common pleas of Lancaster county, in like manner as the claims of mechanics and material-men are now collected. Section 2. It shall be the duty of the prothonotary of the Prothonotary to court of common pleas of Lancaster county to procure and keep keep municipal in his office a book or docket, to be called the municipal lien docket, in which he shall cause to be entered and recorded all descriptions and designations of real estate as herein before mentioned, and all claims that may be filed by virtue of this act, together with the date of filing the same, and shall cause the names of the owners of such real estate to be alphabetically indexed therein; for which services, as well as in subsequent proceedings upon such liens, he shall receive the same fees as are by law allowed him in proceedings upon the liens of mechanics and material-men. Section 3. No tax, rate or levy hereafter to be assessed by the Continuation of corporate authorities of the city of Lancaster, and no claim for ex. lien, relative to. penses as described in the first section of this act, shall continue to be a lien on real estate situated in said city, after the first day a of March in the year immediately succeeding that in which such tax, rate or levy shall have been assessed, or such expenses incurred, unless a statement thereof, as provided in the first section of this act, shall before that time have been filed in the court of common pleas of Lancaster county; but when so filed, such lien shall continue for the period of five years from the date of the filing thereof, and may be revived in like manner as is provided for the revival of mechanics' liens. Section 4. No lien created by this act shall affect the right Lien not to affect of freehold in any real estate otherwise unencumbered, nor shall the right of freethe lien of any mortgage upon real estate, situated in the city of Lancaster, be divested or in any way affected by any sale of the mortgaged premises under a subsequent judgment, (other than one entered upon a claim which was a lien prior to the recording of such mortgage,) by reason of any prior lien of any tax or municipal claim as herein before created, where, by existing laws, the lien of such mortgage would otherwise continue: Provided, That the continuance of the lien of such mortgage shall Proviso. not prevent the discharge of such prior liens by such sale, or their payment out of the proceeds of such sale. JOHN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senate. APPROVED— The twenty-sixth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. hold No. 273. AN ACT To incorporate the Milford and Zionsville Turnpike Road Company. 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 Commissioners. Francis N. Roeder, Jonas York, David Trumbower, John Trum bower, William Bowman, John Henry Dickenshied, Samuel Wineberger, John G. Schantz, Joseph Schantz, Jacob Schantz, Solomon Kemerer, Daniel Stoneback, Charles B. Sheimer, Charles W. Weant, or any five of them, be and they are hereby appointed commissioners to open books, receive subscriptions and organize a company by the name, style and title of the Style. Milford and Zionsville turnpike road company, with power to locate and construct a turnpike road from the termination of Route. the Quakertown and Spinnerstown turnpike road, at the line between the counties of Bucks and Lehigh, by way of Samuel Wineberger's mill, to Zionsville, in the county of Lehigh, subSubject to ject to the provisions and restrictions of an act regulating turn pike and plank road companies, approved the twenty-sixth day of January, Anno Domini one thousand eight hundred and forty. nine, and the several supplements thereto. Capital stock. Section 2. That the capital stock of said company shall consist of four hundred and fifty shares, at twenty.five dollars each : Provided, That the said company may, from time to time, by a vote of its stockholders at a meeting called for that pur. pose, increase their capital stock so much as in their opinion may be necessary to carry out the true intent and meaning of 'this act. Gates and toll. SECTION 3. That whenever said company shall have completed one and a half miles or more of said road, they shall have the power to erect gates and receive tolls, agreeably to the conditions and restrictions of sections twelve and thirteen of the act of the twenty-sixth of January, Anno Domini one thousand eight hundred and forty-nine. Limitation. Section 4. That if said company shall not commence the construction of said road within three years, and complete the same in three years thereafter, this act shall be null and void, except so far as may be necessary to setile up the affairs and pay the debts of said company, JOHN M. THOMPSON, Speaker of the House of Representatives pro tem. WM. M. FRANCIS, Speaker of the Senate. APPROVED— The twenty-sixth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. Proviso. No. 27+. AN ACT To authorize the Town Council of the borough of Pittston, and the Super visors of the townships of Pittston and Jenkins, in Luzerne county, to levy and collect a Special Tax. WHEREAS, By the act of eighth of May, Anno Domini one Preamble thousand eight hundred and fifty-seven, entitled “An Act to authorize the erection of a poor house by the township of Jenkins, borough of Pittston, and township of Pittston, in the county of Luzerne,” no provision was made for the payment of persons to whom the said borough of Pittston and townships were indebted for keeping of poor persons and furnishing means for their support, and all unpaid poor taxes of said borough and townships were made payable to the directors of said poor house ; 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 the town council of the said borough of Pittston, and the super. Tax authorized visors of the said townships, severally, are hereby authorized to be assessed and levied. and directed to levy, assess and collect, in addition to other taxes now authorized by law to be levied and collected in said borough and townships, a special money tax, sufficient to pay and satisfy the creditors of each having demands as aforesaid, to be assessed on all property and persons taxable by law in other districts for poor purposes; and the amount, or any por. tion thereof, so collected to be appropriated to the payment of creditors having demands against said borough and townships as aforesaid. Section 2. That the warrant or warrants for the collection of Collectors to give said tax shall be delivered to the person appointed for the collec- bond. tion of other taxes of said borough and townships severally, who shall give bond, with sufficient sureties, conditioned for the faithsul performance of his duties in the collection of said taxes, and payment of the same to the treasurers of said borough and townships severally; and the treasurers shall, on receiving the moneys thus collected, pay the same to the creditors of said borough and townships entitled to receive them. SECTION 3. Should the sum authorized to be levied and col. Further levies lected by the first section of this act, in any instance be insuffi- may be made. cient to pay and discharge the said debts, a second and further levies may be made, according to the provisions aforesaid. JOHN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senate. APPROVED— The twenty-sixth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. No. 275. A SUPPLEMENT To the act incorporating the Chartiers Valley Railroad Company. 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 Authorized to the president and directors of the Chartiers Valley railroad comchange location of road. pany shall have power, and they are hereby authorized to change the location of any part of the said railroad which has been heretofore located or partly constructed, and to survey, fix, mark, locate, determine and construct such new route for said road, between the borough of Washington and the city of Pittsburg, as they may deem expedient. Time for comple- Section 2. That the time fixed in the act to which this is a tion extended supplement, for the completion of said railroad, is hereby extended for five years from the expiration of said time. JOHN M. THOMPSON, Speaker of the House of Representatives pro tem. WM. M. FRANCIS, Speaker of the Senate. APPROVED—The twenty-sixth day of March, Anno Domini one thousand eight hundred and sixty. WM. F. PACKER. No. 276. AN ACT For the assessment and recovery of Damages upon the Delaware Division Canal. 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 Viewers to assess the proceedings to ascertain and collect the amount of all claims damages, rela. tive to. for damages or other demands for which the Delaware Division canal company of Pennsylvania are liable, as purchasers of the Delaware division of the Pennsylvania canal, under the provisions of an act, approved the twenty-first day of April, Anno Domini one thousand eight hundred and ofty-eight, entitled “ An Act for the sale of the state canals,” shall be as follows, viz: The court of common pleas of the proper county in which the land and property is situated, for injury to which damages are claimed, shall, on application thereto by petition, either by said company or claimant or claimants, or any one in behalf of either of said parties, appoint seven discreet and disinterested freeholders of said county, neither of whom shall be residents or owners of property upon or adjoining the line of said canal, and appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers to meet, at or upon the premises where the damages are alleged to be sustained, of which time and place ten days' notice shall be given by the petitioner to the said viewers and to the other party; and the said viewers, or any five of them, having first been duly sworn or affirmed faith- To be sworn. fully, justly and impartially to decide, and a true report make, concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire, in pursuance of the provisions of this act, and having viewed the premises, and heard the evidence in relation to the claim submitted to them, shall estimate and determine whether any, and if any, what amount of damages has been sustained, and to whom payable, and make report thereof to the said court; and if any dam- Viewers to make ages be awarded, and the report be confirmed by said court, report, &c. judgment shall be entered thereon ; and if the amount thereof be not paid within thirty days after the entry of such judgment, execution may then issue thereon, as in other cases of debt, for the sum so awarded. Each of the said viewers shall be entitled to one dollar and fifty cents per day for every day necessarily employed in the performance of the duties herein prescribed, to be paid by the said canal company. SECTION 2. That any party or parties who may be aggrieved Award of viewby the report or award of viewers appointed under the foregoing ers, relative to section, may at any time within thirty days after the confirma appeal from. tion of such report, appeal from the same to the court of common pleas by which said viewers were appointed, when the case shall be tried by a jury, as other suits in said court: Provided, Proviso. That nothing herein contained shall interfere with any actions or proceedings in common law actions brought against the company, and now pending, to recover damages. JOHN M. THOMPSON, WM. M. FRANCIS, Speaker of the Senate. APPROVED—The twenty-sixth day of March, Anno Domini one thousand eight hundred and sixty. WM. E' PACKER. |