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No. 604.

A SUPPLEMENT

To the act for the Sale of the State Canals, approved the twenty-first day of

April, Anno Domini one thousand eight hundred and fifty-eight. 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, Thai so much of the sixth cection of the act for the sale of the state Certain act suscanals, approved the twenty-first day of April, Anno Domini one ponded. thousand eight hundred and fifty-eight, as requires the attorney general to sue out the mortgage, to the commonwealth, of the Sunbury and Erie railroad company, on the road of said company, and the mortgage or mortgages on the canals, sold under the provisions of said act, which may remain uncancelled, if payment shall fail to be made of any principal or interest on the bonds of said company to the commonwealth, ninety days after the same shall fall due, be and the same is hereby suspended, and no proceedings shall be instituted, by virtue thereof, until the first of May, one thousand eight bundred and sixty-one: Provided, That if any judicial sale of the said Sunbury and Erie Proviso. railroad shall or may hereafter be made, the amount due contractors, on that part of said road between Williamsport and Erie, for work and labor actually done and materials furnished, between the first day of August, one thousand eight hundred and fifty-nine, and the first day of April, one thousand eight hundred and sixty, shall be preferred to the mortgage held by the commonwealth: Provided, The amount so preferred shall not exceed Proviso. the sum of six hundred thousand dollars; and, no suits, proceedings or process of any kind whatsoever, shall be instituted, either in law or equity, against said railroad company, upon any of the said preferred claims, or upon any bonds or claims which may hereafter be made or given out, or have heretofore been made or given out by the said company, until after the first day of May, one thousand eight hundred and sixty-one ; and that on or before the first day of February, one thousand eight hundred and sixty-one, the said Sunbury and Erie railroad company shall furnish an account to the auditor general of the commonwealth, setting forth the amount of such preferred claims, the nature of the work and labor done, and materials furnished, and the names of the contractors, designating the amount due and that has been paid to each contractor.

Section 2. That the president and managers of the Sunbury May enter into and Erie railroad company be and they are hereby authorized to coriain contract

with other railmake and enter into any contract or contracts with the mana. road company or gers, or president and directors, of any other railroad company companies. or companies, in this commonwealth, having relation to the completion, the working of, or to the traffic originating on, or passing over, or to and from the Sunbury and Erie railroad, which may be considered just and reasonable by the contracting

Proviso.

parties: Provided, That the same shall not affect the lien of the mortgage to secure the payment of the five per centum bonds, issued by the said company under the provisions of the aet for the sale of the state canals; and such contract or contracts shall be valid and binding upon the said companies, represented by the said contracting parties, as fully as if the same were er: pressly authorized by their respective charters.

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

WM. M. FRANCIS,

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

WM. F. PACKER.

No. 603.

AN ACT

Authorizing the Commissioners of the counties of Dauphin and Perry to

construct a Road from a point in Watts township, Perry county, to a certain point in the township of Reed, county of Dauphin.

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 the commissioners of the several counties of Dauphin and Perry authorized to lay are hereby authorized and instructed, immediately after the pasout road.

sage of this act, to lay out and construct a good and substantial Ronte.

road, commencing at a point near where the turnpike bridge crosses the Susquehanna canal, in Watts township, Perry county, and running along towing path of said canal such distance as will enable them to strike the turnpike, in Reed township, Dauphin county, near Duncan's barn, but not to interfere with said

towing path, so as to obstruct navigation or otherwise. Rsponse, how Section 2. That the several counties through which this road paid.

passes will be entitled to pay for the making of only as much of the same as passes through its own territory.

JOAN M. THOMPSON, Speaker of the House of Representatives pro terth

WM. M. FRANCIS,

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

WM. F. PACKER.

No. 606.

AN ACT

To incorporate the Allegheny Observatory, in Allegheny county. 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 following named persons, being contributors to a fund for Contributors and the establishment of an astronomical observatory in the county corporators. of Allegheny, to wit: William Wilkins, Curtis G. Hussey, Thomas M. Howe, John A. Shoenberger, William Bagaley, Harvey Childs, James Marshall, Isaac Jones, William Thaw, George W. Cass, James M. Cooper, Matthew Furguson, Washington M'Clintock, John A. Wilson, Charles H. Paulson, Samuel Jones, George B. Jones, George W. Jackson, William S. Bissell, John Dean, William S. Haven, Robert Robb, B. L. Fahnestock, James Park, junior, N. Holmes, R. B. Sterling, Edward Rahm, Lewis Bradley, Josiah King, Henry Irwin, Hopewell Hepburn, F. R. Brunat, Thompson Bell, Robert S. Hays, David Campbell, James O'Hara, David M'Candless, H. L. Bollinan, William Walker, Hugh Walker, Robert Dalzell, C. W. Rickertson, Alexander King, James Robinson, C. Yeager, Thomas Bakewell, Benjamin P. Bakewell, James M'Candless, Oliver P. Scaiser, William Morrison, Andrew D. Smith, John S. Cosgrave, Joseph Kirkpatrick, George A. Berry, William F. Johnston, William M'Knight, M. W. Watson, J. M'D. Crossan, L. R. Livingston, J. K. Moorhead, Alexander Speer, Joseph Smith, J. S. Liggett, William Dilworth, junior, A. Garrison, Samuel Gormley, their associates and successors, be and they are hereby created a body politic and corporate, in law, under the name and title of the Allegheny Obser- Name. vatory; and by that name shall have perpetual succession, and be capable in law to have and use a common seal, to sue and be seal. sued, implead and be impleaded, in all courts of law and equity, and to do all such other things as are incident to a corporation.

Section 2. That the said corporation shall have power to or• By-laws. dain, adopt and enforce all such by-laws, rules and regulations, not contrary to the constitution and laws of this state or of the United States, as may be necessary or useful for the proper con• duct and government of the officers, servants and affairs of this corporation ; it shall also have power, in such times and manner as shall be provided in its by-laws, to add to its membership Membership such persons as shall contribute not less than one hundred dol. lars to its funds, and to fill vacancies caused by death, removal, resignation or otherwise, so that the number of corporators shall at no time be less than ten.

SECTION 3. That the business of this corporation shall be con- Managers. ducted by a board of five managers, of whom three shall be a quorum for transacting business; the managers shall elect one of their number president, and shall also elect a secretary and officers. treasurer, who may be the same person; the managers shall be

.0

elected at such times and in such manner, and vacancies in their

number supplied, as shall be provided in the by-laws: Provided First managers. however, That until by-laws shall be ordained, and an election

held in pursuance thereof, Thomas M. Howe, Curtis G. Hussey, John H. Shoenberger, Josiah King and William Thaw shall act as managers, and possess the same powers, and perform the same duties as if they had been duly elected by the corporators; the managers shall, as often as may be required by the by-laws, make a report of their proceedings, and a statement of the finances and condition of the corporation, to a meeting of the

corporators. Powers and pur

Section 4. That the said corporation, under the corporate poses.

name aforesaid, shall be capable in law of taking, by purchase or otherwise, and of holding, using and enjoying, and of selling and conveying, or otherwise disposing of, any real or personal estate necessary or desirable for the primary and incidental purposes of an astronomical observatory, including, if the same

shall be deemed advisable, a school of English and classical Proviso. literature and science: Provided, That the average yearly rental

of the estate of said corporation shall not exceed five thousand
dollars; and so long as the rental aforesaid shall be applied to
the purposes aforesaid, and no part thereof divided or distri-
buted
among

the corporators for private use, the estate aforesaid shall not be liable to taxation, except for state purposes; and it shall be lawful for this corporation to erect all needful and convenient buildings for the exhibition, preservation and use of a telescope, and other scientific instruments and apparatus, dwell. ing houses for officers, professors and servants, school house, out houses, to enclose, plant and adorn its grounds, and do all else necessary to the complete carrying out of the objects aforesaid ; no street, lane, alley or other highway shall be laid out in, upon or through the grounds of this corporation without its

consent. Trespassing on Section 5. That any person who shall wilfully trespass on grounds, relative the grounds of this corporation, or mutilate, deface or damage

any building, instrument, apparatus, fence, tree, plant or shrub, or any avenue, walk, door, gate, monument, or other erection or thing belonging to, or in the use of, this corporation, shall, upon conviction thereof before any court or magistrate of competent jurisdiction, be subject to the same penalties as are provided by law for like offences in the case of any of the public ceineteries of this commonwealth.

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

WM. M. FRANCIS,

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

WM. F. PACKER,

to.

No. 607.

AN ACT

Relative to Hucksters in Northumberland and Union counties. 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 hereafter no person or persons shall buy or barter for, within Hawkers and the limits of the counties of Northumberland or Union, as a pedlers to tako hawker or pedler, any butter, eggs, dried fruit, veal or other

out license. article of produce, with the intent to send the same, for sale or barter, to any other market out of the said counties, without first obtaining a licence so to do, and paying therefor to the treasurers of said counties, for the use of said counties, fifty dol. Amount of lilars, which licence the treasurers of said counties are hereby cense. authorized and required to grant upon the payment of such sům.

Section 2. That if any person or persons shall so engage, or Penalty for huckbe concerned in huckstering, as aforesaid, within the limits of stering without

lioense.
either of said counties, without having first obtained a license,
as aforesaid, he or they shall individually forfeit and pay the
sum of one ndred dollars, the one-half for the use of the com-
monwealth, and the other half for the use of the person who
shall prosecute for the same; the said penalty to be recovered
by action of debt, before any justice of the peace in said coun-
ties, as debts of like amount are by law recoverable.

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

WM. M. FRANCIS,

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

WM. F. PACKER.

No. 608.

AN ACT

To incorporate the Home for the Moral Reform of Destitute Colored

Children.

WHEREAS, A number of women, members of the Religious Preamble. society of Friends, have established, in Philadelphia, an insti

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