ks, as part of the capital stock of said company, but in h case, such subscription shall not be considered as forming portion of the seventy shares, the subscription of which ecessary for the procuring of said charter.

SECTION 22. That the said company shall pay a tax of Tax.

ht per cent. on all dividends of the profits thereof exceed

six per cent. into the treasury of the commonwealth.

SECTION 23. This act shall remain in force, until the first When char<

of July, eighteen hundred and fifty, and no longer.

NER MIDDLESWARTH,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

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

ter expires.

JOS: RITNER..

No. 190.

An Act

authorize suit to be brought upon the official bond of William B. Mitchell, late superintendent.

SECTION 1. Be it enacted by the Senate and House of resentatives of the Commonwealth of Pennsylvania in neral Assembly met, and it is hereby enacted by the hority of the same, That every person or persons who Manner of y have been aggrieved by the failure of William B. Mit-bringing suit, Fil. superintendent of the Columbia railroad, to pay him, and aga ast hem, any sum or sums due by the commonwealth to such son, shall and hereby is authorized to bring suit upon the cial bond of the commonwealth, of the said William B. tchell, and his sureties, in the same manner as suits are ught upon the bonds of administrators, in which the like ceedings shall be had, to secure to each person aggrieved,

whom.

recovery of his claim; and all the rights and interests of Right of concommonwealth in the said bond, are hereby transferred monwealth such person or persons, for the purpose aforesaid, and if transferred. amount of the said bond, should it be decided that the igors are liable thereon, shall be insufficient to pay such sons, the same shall be divided among such persons,

Certified co

according to the amount of the claims, which such pers shall establish to the satisfaction of the court, according equity and justice.

SECTION 2. A copy of said bond, duly certified by py of bond, Secretary of the Commonwealth, under his seal of de shall be admitted as legal evidence in any suit or suits shall be brought thereon.

evidence.

Certain land adjoining Pittsburg made a city

district.

Boundaries

tion.

SECTION 3. That a tract of land, adjoining to and b ed in part by the eastern bounds of the city of Pittsour shall be set off, defined by limits, and surveyed, manner and for the purposes hereinafter specified, as 1 district, for the said city, the boundaries and descrip whereof shall be as follows: Beginning at the south and descrip- corner of the said city, in the Monongahela river, thence the middle of the said river, to a point opposite to the of the two mile run, thence by a straight line, carried the mouth of the said run, and over the house of W Farrow, to the intersection of the straight line, with southern boundary line continued, of the borough Northern Liberties, thence by the said southern bo line, to the eastern boundary line of the said city, and the by the same to the place of beginning; and the said Subdivided district, so set off and defined, shall be subdivided inte into sections. tions, in the manner hereinafter prescribed, subject to following limitations, viz: No section shall contain more how laid out. sixty, or less than thirty acres, and the boundary lines each shall be made to conform, when such conformity ca conveniently obtained, with the lines or streets bounding laid out through the property of individual owners, ner any section be made to be partly on one side, and p on the other side of the Farmers and Mechanic's turne road, or of the Pittsburg and Coal Hill turnpike, as the are now located through the said city district.

Sections

Court to appoint com

ties enjoined

in this act.

SECTION 4. The court of Quarter Sessions of the c of Allegheny, be, and they are hereby authorized and re missioners to red, at any time before the first day of June next, to perform duand appoint three discreet and disinterested freeholder commissioners for the said city district, none of whom reside or own real estate in the same, who shall take subscribe an oath or affirmation, before one of the judg the said court, or any alderman of the said city, well and fully to perform the duties required by this act, to the Vacancies of their abilities, without favor or partiality; and in c the death, resignation, or inability to act, of any of the missioners appointed as aforesaid, before the intended poses of this act shall have been fulfilled, it shall be l for the said court to appoint another, or other pers supply his, or their places, who, being qualified as af shall have the same power as the commissioners appoint the ûrst instance, by the said court.

bow filled.

SECTION 5. The said commissioners, appointed and qua- Commiss'rs. lified as aforesaid, shall proceed, taking to their assistance to appoint an able and competent surveyor, to survey and mark out surveyor. by its limits, the said city district, and to make a subdivision of the same into sections, according to the boundaries, description, direction, and restrictions herein before specified and contained, and the said commissioners shall have power,

and they are hereby directed and required, to make and lay Plan of disout a general plan of the said district, to survey, locate, trict to be and mark therein such streets, alleys and squares as they made. shall think proper, giving to the same such arrangement and dimensions as shall, ia their judgment, be best calculated to meet the wants and convenience of any future population, and the said commissioners shall cause to be erected, or inserted at suitable points within the said district, land Land marks marks, of durable materials, from which the boundary lines to be erected. of the said district, sections, streets, alleys, and squares; contained in the said general plan, may at any time be retraced and determined, securing the same, as far as may

and alleys

already laid

be, from injury or displacement: Provided nevertheless, That Proviso reall streets, lanes and alleys within the said district, which specting shall have been, previous to the making of the said plan, streets, lanes laid out, and appropriated by private persons, or otherwise, for public use, or for the use of the owners of lots fronting out. thereon, or adjacent thereto, shall be adopted, inserted in, and made part of the said general plan, with such increase of width and extension, as the said commissioners may think, in any case, necessary and expedient.

Sessions.

SECTION 6. The said commissioners, when they shall have Map or plan completed their surveys, and shall have determined the to be filed in limits and location of the said sections, streets, alleys, and office of clerk squares, to be contained in the said general plan, shall of Quarter cause to be made a correct map or plan of the same, with such description and explanations as may be necessary to a perfect understanding of the same, and shall return it to the court of Quarter Sessions aforesaid, and it shall be the duty of the clerk of the said court, to receive and file the said map or plan in his office, for public inspection and examination, and to give notice, in at least two newspapers, published in the city of Pittsburg, that on a certain day appointed Time to be by the court, the said court will hear any objections which appointed may be made thereto, by any of the freeholders owning hear objecproperty in the said district, who shall consider themselves aggrieved by the adoption of the same, and the said court, after hearing the objections, shall adjudge and determine Court to dewhether the same shall be fully established, or whether any, and what alterations shall be made in the same, and after such determination, shall direct the said map or plan, with such alterations as shall have been made, to be recorded, and thenceforth, the said map or plan shall be taken and

tions.

termine

whether re

port shall be established.

Proviso.

allowed as a general plan for the said district, for the parposes herein contained, and the streets, lanes and alleys so approved, shall forever after be deemed, adjudged, and taken as public highways: Provided nevertheless. That the opening of the same as part of the said general plan, shall not be ordered, before the provisions and conditions hereinafter mentioned, shall have been complied with.

Pay of comSECTION 7. The commissioners of the county of Alleghers. missioners. be, and they are hereby authorized and required, to pay out of the county treasury, to each of the commissioners ap pointed in pursuance of this act, the sum of one dollar an fifty cents for each and every day they shall have been employed in performing the duties required by this act, and Costs of ex- also, their reasonable costs and charges in procuring surveys, maps, plans and erections hereinbefore directed and the said county commissioners, are hereby empowered veys, &c. to be paid. to cause to be levied and collected on the real property Special tax to situated within the city district aforesaid, a special tax. be levied on sufficient in amount to reimburse the sums which shall have said district been paid in pursuance of the directions herein contained. to pay expen- and also, all charges incurred in assessing and collecti

penses of maps, sur

ses.

On applica

receive ad

joining sec tions into

thorities.

the same, and the said special tax shall be assessed an collected according to the directions and provisions of the several acts for raising and collecting county rates a levies.

SECTION 8. The select and common councils of the city tion of thirty of Pittsburg, shall have power, and by virtue of this act, are freeholders, directed and required, on the petition of any number, be councils to not less than thirty, of the freehold owners of lots vis within the limits of any section of the said city district, adjoining the then limits of the said city, to declare, city. ordinance, the admission of the said section into the said city, Received dig- and the said section shall forever thereafter, be deeme triet subject taken, and allowed to be a part of the said city, to all inte to city au- and purposes, and subject to the jurisdiction and governmen of the municipal authorities of the said city, as fully as i had been originally made a part of and included within the same; and the streets, lanes and alleys contained in the afore said general plan, so far as the same be within the limits the section so admitted, shall be opened for the same use and subject to the same laws and regulations, and exercise powers, as the other public streets within the said city Proviso as to Provided nevertheless, That the owner or owners of gros damages. through which any street, lane, or alley, not previous laid out by such owner or owners, shall be opened, proceed in the same manner, to obtain indemnification f any injury he or they may sustain thereby, as is directe by the several acts in force, and providing for the opening of public roads in this commonwealth.

SECTION 9. All streets, lanes and alleys within the city of Private Pittsburg, if not less than twenty feet in width, which have streets, lanes, been laid out, appropriated and opened by private persons, &c. of 20 ft. for public use, or for the use of the owners of lots fronting width, made public highthereon, or which shall be, being of not less than twenty ways. feet in width, hereafter laid out, appropriated, and opened, as aforesaid, shall for every purpose, be deemed, taken, and be public highways, as fully as the other public streets within the said city.

SECTION 10. The select and common councils of the city of Councils emPittsburg, aforesaid, when they shall consider that the opening powered to of any new street, lane, or alley within the said city, or that an open or wincrease of width of any street, lane, or alley already laid den streets. out and opened, is necessary, for the use and convenience of the public, shall have power, and they are hereby authori zed, thereupon, to direct and determine the location and limits of such street, lane, or alley, or the increase of width necessary in any case, as aforesaid, and a plan of specifica- Plan to be tion of such location, or determination of increase of width, filed for pubshall be made and deposited in the office of the recording lic inspection regulator of the said city, for public examination and inspec

tion, whereof notice shall be given in at least two newspapers, Notice to be published in the said city; and any owner or owners of given. ground lying on the line of such street, lane, or alley, who shall consider that he, she or they, shall suffer damage from

persons ag

the opening or widening of the same, may apply, by petition, Proceeding to the next court of Quarter Sessions of the county of of court on Allegheny, by whom such orders and appointments shall be petition of made, and the same proceedings, in every respect, 'shall be grieved. had for the view, appraisement of damages, the report thereof, and confirmation of the same, as are directed by the provisions of the general road laws of this commonwealth; and the When damasaid councils, so soon as they shall have caused payment of ges are paid, lamages assessed, to be made to the persons entitled to receive streets, &c. to be opened. the same, according to the report of the viewers returned to the said court, and confirmed by the same, may proceed to cause such street, lane, or alley, to be opened forthwith, and the same shall forever thereafter, be taken and allowed to be a public highway, for the same uses and purposes as the other streets, lanes and alleys, within the said city; Provided Proviso. nevertheless, That if the damages ascertained in the manner aforesaid, shall not have been paid within one year from the time of the confirmation of the report of the same, then the proceedings had in pursuance of the provisions of this section, shall thereafter be held null and void.

SECTION 11. The select and common councils of the city City of Pittsof Pittsburg aforesaid, shall, during the present year, and burg to be din each and every year thereafter, divide the said city into four

vided into

four wards.