of toll.

said road, as may seem to them most conducive to the interest of the public, and of persons using the same.

Penalty for SECTION 21. If any owner or driver of any car, carriage, defrauding wagon or conveyance, upon the said railroad, shall pass by the company any place appointed for receiving tolls, without making payment thereof, with intent to defraud the said company, he, she or they 80 offending, shall forfeit and pay for every such offence, for the use of said company, the sum of twenty dollars, to be sued for and recovered by action of debt, before any justice of the peace, in like manner, and subject to the same rules and regulations, as debts under one hundred dollars may be sued for and recovered, together with costs of suit.

railroad.

Penalty for SECTION 22. If any person or persons shall wilfully and injuring the knowingly break, injure, or destroy the railroad, or any part thereof, or any work, edifice, or device, or any part thereof, to be erected by the said company in pursuance of this act, he, she, or they, shall forfeit and pay to the said company the actual damages so sustained, to be sued for and recovered with costs of suit, in any court having cognizance thereof, by action of debt, in the name and for the use of the said company, and shall be subject to indictment in the court of Quarter Sessions of the proper county, and upon conviction of such offence, shall be punished by fine and imprisonment, at the discretion of the court.

Charter to

SECTION 23. If the said corporation shall not carry into become null effect the objects of this charter within the term of ten years under certain from the passing of this act, or if after the completion of the circumstan- said railroad, the said corporation shall suffer the same to go

A ces.

Capital stock may be in

...creased to

900,000 dolls

Legislature reserves tho right to pur

chase the road, etc.

to decay, and be impassable for the term of two years, then this charter shall become null and void, except so far as compels said company to make reparation for damages.

SECTION 24. If any increase of the capital stock be deemed necessary by the stockholders, to complete the said railroad, it may be lawful for the said president, managers and company, at a stated or special meeting, convened for the purpose, to increase the number of shares, so that the capital of said company shall not exceed nine hundred thousand dollars, and to receive and demand the monies fot shares so subscribed, in like manner, and under like penak ties, as are herein before provided for the original subscrip tion, or as shall be provided for by their by-laws.

SECTION 25. If said company shall at any time misuse er abuse any of the privileges hereby granted, the legislature may resume all and singular, the rights and privileges hereby granted to said company; the legislature also reserves the right to purchase the right of said company, and the ratroad, with its appurtenances, at any time after thirty years from the passage of this act, by paying to said campanya

sum of money which, together with the tolls received, shall equal the cost and expenses of said railroad, with an interest of eight per centum per annum thereon.

NER MIDDLESWARTH,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The sixteenth day of June, Anno Domini, one thousand eight hundred and thirty-six.

JOS: RITNER.

No. 184

An Act

Relating to the lien of Mechanics and others, upon Buildings.

TABLE OF CONTENTS.

SECTION 1. Every building to be subject to a lien, for debts contracted in the erection thereof, &c.

2. Extent of such lien.

3. Prothonotary to keep a ducket for certain purposes. 4. The owner of ground may define boundaries, &c. and cause the same to be entered in such docket.

5. In default of such previous designation, the owner, or other person interested, may apply to the court.

6. The court shall appoint commissioners for the purpose. 7. Commissioners to examine and make report, which is to be entered on the docket.

8. Court to have power to stay any execution, &c. until boundaries,&c. are designated.

9. If any building shall be sold before such designation, the court may apportion the proceeds, &c.

10. The lien aforesaid to be preferred to all others, orignating subsequently to the commencement of the building. 11. Claims to be filed in the prothonotary's office. 12. What such claims must set forth.

13. In every case of a joint claim, the amount due to be apportioned to each building.

14. Limitation of liens.

15. Proceedings on a claim to be by scire facias, and form of the same.

16. Scire facias not to issue within fifteen days of the return day.

17. How the scire facias is to be served.

18. Sheriff' also to advertise.

19. On the return of such writ, other claimants may become parties, by suggestion..

20. Proceedings on such suggestio.

21. Execution to be by levari facias, and form of the

same.

22. If proceeds insufficient, claims to be averaged.

23. If no scire facias shal! have issued on any claim, the owner of the building, &c. may apply to the court, and proceedings thereon.

24. Limitation of claims unless revived, &c,

25. Every claimant when paid, to acknowledge satisfaction, &c.

26. Penalty for not acknowledging satisfaction, &c.

27. Proviso; this act not to prevent personal actions for recovery of debts due to mechanics, &c.

28. Extending the provisions of the act to Lehigh county. 29. The lien given by this act to extend to plumbers, and persons furnishing curb stone.

30. When act shall take effect..

An act relating to the lien of Mechanics and others upon Buildings.

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 every building erected within the several counties of this commonwealth, to which the act entitled "An act securing to mechanics and others, payment for their labours and materials in erecting any house or other building, within the city and county of Philadelphia," passed the seventeenth of March, eighteen hundred and six. and the several supplements thereto, now extends, shall be subject to a lien for the payment of all debts contracted for work done, or materials furnished for, on about the erection or construction of the same..

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SECTION 2. The lien of such debt, shall extend to the ound covered by such building, and to so much other ound immediately adjacent thereto, and belonging in like anner to the owner of such building, as may be necessary r the ordinary and usual purposes of such building, the antity and boundaries whereof shall be determined as llows:

SECTION 3. It shall be the duty of the prothonotary of e court of Common Pleas of every county, to which the ovisions of this act extend, and the prothonotary of the istrict Court of the city and county of Philadelphia, spectively, and of the city and county of Lancaster, the istrict Court of Allegheny county, to procure and keepbook or docket, which shall be called "The Mechanics en docket," in which he shall cause to be entered and corded, all descriptions or designations of lots, or pieces ground, as hereinafter mentioned, and all claims that may filed by virtue of this act, together with the day of filing e same, and he shall cause the names, as well of the owner the lot or piece of ground, as of the contractor, architect builder, if such be named, and of the person claiming any en under this act, to be alphabetically indexed therein. SECTION 4. It shall be lawful for the owner of any lot or ece of ground, who may be desirious of erecting, or of ntracting with any other person for the erection of any ilding, as aforesaid, to declare or define in writing, the undaries of the lot, or curtilage appurtenant to such ilding, previously to the commencement thereof, and cause e same to be entered in a book aforesaid, and such desig tion of boundaries so made and entered upon record, shall obligatory.upon all persons concerned..

SECTION 5. In default of such designation of boundaries, ~ eviously to the commencement of any building, it shall be wful for the owner of such let or piece of ground, or for y person having a hen upon the same, by mortgage, judg ent, or otherwise, or entitled to a lien by virtue of this t, to apply by petition, in writing, to the proper court, to point competent and skilful persons as commissioners, to signate the boundaries aforesaid.

SECTION 6. It shall be the duty of the court to whom plication shall be made as aforesaid, after reasonable tice given to all parties interested, to appoint such comtent persons commissioners, as aforesaid, as all the parties terested shall nominate, but if the parties cannot agree ‚on a nomination, it shall be lawful for the court to appoint ch competent persons for that purpose, as they shall think oper.

SECTION 7. It shall be the duty of the commissioners so pointed, to examine the building, or place at which such ilding is being erected, and to make a report to the court,

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in pursuance of the order to them directed, and in such report, they shall sufficiently designate and describe by metes and bounds, with their courses and distances, and by a draft, if necessary, the limits and extent of ground necessary for the convenient use of such building, for the purposes for which it is designed, and such report shall be entered at length upon the record book aforesaid, and if approved by the court, shall be conclusive upon all persons concerned.

SECTION 8. If execution shall be awarded for the levy and sale of any lot or piece of ground, upon which a building shall be erected as aforesaid, before the boundaries of the lot or curtilage which ought to be appurtenant thereto, shall be designated, it shall be lawful for the court, upon application, to stay such execution until such designation shall be made, and thereupon order the sale to proceed, in such manner, and for such part.or parts, and in such parcels as shall be most convenient for the administration of equity, among all persons interested.

SECTION 9. If the building against which any claim shall be filed as aforesaid, or any part of the ground adjacent thereto, shall be sold by virtue of an execution, upon any mortgage or judgment, before the extent of the lien of the claimant shall be ascertained, as aforesaid, the court out of which such execution shall have issued, shall have power to determine the rights of the respective parties, and the appor tionment or appropriation of all liens as aforesaid, and for that purpose, may appoint an auditor to inquire into and report the facts, and may decree distribution of the proceeds accordingly, or upon the application of any of the parties, may direct an issue, for the determination of disputed facts.

SECTION 10. The lien for work and materials, as aforesaid, shall be preferred to every other lien or incumbrance which attached upon such building and ground, or either of them. subsequently to the commencement of such building.

SECTION 11. Every person entitled to such lien, shail file a claim or statement of his demand, in the office of the pro thonotary of the court of Common Pleas of the county in which the building may be situate.

SECTION 12. Every claim as aforesaid, must set förth: First, The names of the party claimant, and of the owner or reputed owner of the building, and also of the contractor, architect or builder, where the contract of the claimant was made with such contractor, architect or builder. Second, The amount or sum claimed to be due, and the nature or kind of the work done, or the kind and amount of materials furnished, and the time when the materials were furnished, or the work was done, as the case may be