where the said turnpike or public road was, and make report to the said court at their next session, whether the said Pennsylvania railroad company have complied with their duty in making said turnpike or public road, as they are required by the said law to do; and if the said viewers shall report to the said court, that the Pennsylvania railroad company has complied with the provisions of the said act of assembly, and the said report shall be approved by the court, an order shall be then made, that the costs and expenses of the said view shall be paid by the petitioners; but if the said viewers shall report to the said court, that the said company has not complied with the provisions of the said act of assembly, and the said report shall be approved by the court, the expense thereof shall be paid by the said railroad company; then it shall be the duty of the said court to order and decree that the said turnpike or public road as the case may be, shall be made, finished and completed as the said Pennsylvania railroad company, by the provisions of the said fifth section of the act of twenty-seventh March, one thousand eight hundred and forty-eight, were bound to finish and complete the same: Provided, That if either party shall be dissatisfied with the decree, they may have the right to a review under the provisions of this act.

APPROVED The twentieth day of March, one thousand eight hundred and forty-nine.

WM. F. JOHNSTON.

No. 164.

AN ACT

To confer on James Kelly the rights and privileges of a child born in lawful wedlock.

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 James Kelly of Lancaster county, shall have and enjoy all the rights and privileges of a child born in lawful wedlock, and shall be able and capable in law, to inherit and transmit any property whatsoever, as fully and effectually as if he had been born in lawful wedlock.

APPROVED-The twentieth day of March, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 165.

A SUPPLEMENT

To the act, entitled "An Act to authorize the governor to incorporate the Glen Hope and Little Bald Eagle 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 the said Glen Hope and Little Bald Eagle turnpike road company are hereby authorized and empowered to extend and make the said turnpike road from Glen Hope, in Clearfield county, to the town of Curwensville, in said county, in like manner, and with like powers and privileges, and under like restrictions and conditions as the said company is authorized and empowered to make said turnpike road from Glen Hope to Little Bald Eagle, aforesaid; and the supervisors of the several townships through which the said turnpike road shall and will pass, and be made, who shall be elected in the year one thousand eight hundred and fortynine, or in any year thereafter, are hereby authorized and empowered to subscribe and pay for such number of shares of, in and to the capital stock of said company, as they, the said respective supervisors of townships through which said road shall and will be made, shall deem proper; and John Patton, Samuel Evans, James Bloom, senior, Moses Wise, and William Wiley, be and they are hereby appointed commissioners, in addition to those named in the act to which this is a supplement, to carry out the provisions of said act.

WILLIAM F. PACKER, Speaker of the House of Representatives.

APPROVED-The twentieth day of March, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 166.

AN ACT

Relative to the legacy or interest of Daniel Hoffman, under the will of Valentine Hoffman, of the city of Lancaster, deceased.

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

Peter Long of the city of Lancaster, and his successor, as trustee of the Trustee authorlegacy or share of Daniel Hoffman, under the will of his father, Valentine ized to purchase Hoffman, late of said city, deceased, be and he is hereby authorized, house and lot of with the whole or part of the moneys in his hands, as trustee of said ground. Daniel Hoffman, to purchase (the consent of said Daniel Hoffman first obtained,) a house and lot on a tract of land in the city or county of Lancaster, as a house for said Daniel Hoffman and family.

SECTION 2. And the trustee, aforesaid, is authorized, should he deem it advisable for the interests of those concerned, to sell the property purchased in pursuance of the first section of this act, to make a public sale thereof, and to purchase other real estate in lieu thereof, in the said city or county, for the use of the aforesaid Daniel Hoffman, he, the said Daniel agreeing to such sale and such purchase.

Trustee may sell.

SECTION 3. Upon the death of said Daniel Hoffman, the principal After the decease sum so invested, or in money, as the case may be at that time, shall, of Daniel Hoffafter the deduction of all proper and legal expenses, be distributed as man, how money directed by the last will and testament of said Valentine Hoffman, to be distributed. deceased.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

APPROVED-The twentieth day of March, one thousand eight hundred and forty-nine.

WM. F. JOHNSTON.

No. 167.

A SUPPLEMENT

To the acts of one thousand eight hundred and twelve, one thousand eight hundred and twenty-nine, and one thousand eight hundred and thirty-two, authorizing the building of certain bridges in Berks 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 from and after the passage of this supplement, the tolls to be demanded Tolls altered. and received at the several county bridges in Berks county, at and near the city of Reading, by persons passing the same, to wit: at what is commonly called the Penn street bridge, authorized to be built by the commissioners of Berks county, by an act of the legislature, passed the twenty-second day of February, Anno Domini one thousand eight hundred and twelve; of the Lancaster bridge, at or near the place where the road leading from Reading to Lancaster crosses the river Schuylkill, formerly called Garbue's ferry, authorized to be built by the said commissioners, under the same authority, by an act passed the twenty-third of April, Auno Domini one thousand eight hundred and

Repeal.

twenty-nine; and of the Poplar Neck bridge, authorized to be built by an act passed the thirty-first of January, Anno Domini one thousand eight hundred and thirty-two, be reduced one-third of the rates demandable at present, and that this reduction operate as well in favor of such as take said bridges by contract, as heretofore, as also of those that pay toll at the several gates; and that if such reduced rates should make them inconvenient on account of change, that rather less than more shall be charged in all cases; and that this alteration in the tolls shall continue for the next twenty years.

SECTION 2. That so much of the said several acts of one thousand eight hundred and twelve, one thousand eight hundred and twenty-nine, and one thousand eight hundred and thirty two, as is altered by this supplement, is hereby repealed in the said acts, and no farther.

APPROVED-The twentieth day of March, Anno Domini one thousand eight hundred and forty nine.

WM. F. JOHNSTON.

Town council authorized to pave

streets, lanes, alleys, &c.

Paving, how and by whom to be paid.

No. 168.

A FURTHER SUPPLEMENT

To the act erecting the town of Birmingham, in the county of Allegheny, into a borough.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly mel, and it is hereby enacted by the authority of the same, That whenever the town council of the borough of Birmingham, in the county of Allegheny, shall consider the paving of any street, lane or alley in said borough, necessary to the convenience of the citizens of said borough, it shall and may be lawful for said council to ordain, enact, repeal and amend all such by-laws, ordinances, rules and regulations as shall be deemed expedient for the paving of such street, lane or alley, subject to the following provisions.

SECTION 2. That whenever any pavement or pavements shall be completely finished by the said borough, the cost of the materials and paving furnished and done on one-half of such street, lane or alley in front of or adjoining any lot or lots, shall be ascertained by the burgess or street commissioner of said borough, and charged to the owner or owners of said lot or lots by said borough; and the burgess of said borough shall give to such owner or his agent of any lot or lots, before which any paving is done as aforesaid, a certificate in writing of the amount of money so ascertained to have been expended by the said bo

rough, in paving in front of his or their lot or lots, and unless the owner or owners of such lot or lots, within ten days after said notice is given him or them, or either of them, shall pay to the treasurer of said borough, the amount specified in such certificate, then it may and shall be lawful for the council of said borough to collect the amount claimed of the owner or owners of any lot or lots, by an action of debt in the corporate name of said borough, as debts of a like amount are by law collected; but if the owner of any such lot or lots, does not reside in the said borough, then and in that case a certificate put up on such lot or lots, shall be deemed notice to the owner thereof; and after default for the space of ten days, it shall and may be lawful for the said council to file a certificate for the amount of the cost of such paving, signed by the burgess, and attested by the clerk of the council, in the office of the prothonotary of the court of common pleas of the county of Allegheny. setting forth the amount due by the said owner or owners; and it shall be the duty of the prothonotary to enter the same in his docket, which certificate shall from such entry have the same operation and effect, as a judgment of said court, and execution may be issued thereon, in like manner as on judgments, for the amount remaining unpaid at any time after the entry aforesaid: Provided, That if any owner or owners of any lot or lots against whom any certificate shall be filed as aforesaid, shall make an affidavit before the prothonotary of said court, or any magistrate, that he or they have a just defence to the whole or a part of said amount claimed in such certificate, and file the same in the office of said prothonotary, within thirty days of the filing of said certificate, and not after then, the prothonotary of said court shall put the cause on the trial list of the next regular term of said court, to be there tried and determined by the court and jury, as cases of appeal to said

court.

SECTION 3. That upon the payment by the owner of any lot of the amount of paving done as aforesaid, the said council shall give such owner a bond or bonds for the re-payment to such owner, within five years with interest, of the amount paid by him for paving as aforesaid; and any subsequent year, the said owner or owners of any lot as aforesaid, may set off as payment of his, her, or their borough tax, an amount of said bond or bonds, equal to one-half of said borough tax in one year assessed to him, and no more, until the said owner of such lot is paid the amount of such bond or bonds, and interest thereon.

Bonds for the repayment.

shall intersect.

SECTION 4. That the owners of all corner lots shall be charged with Owners of corner the paving done to the point where the centres of the cross streets, lots to be charged lanes or alleys shall intersect, the costs of which shall be refunded as to the point where aforesaid; and whenever a majority of the legal voters residing on any the centres of the street, lane or alley in said borough, shall petition the council of said cross streets, &c. borough, for the grading and paving of any such street, lane or alley, it shall be the duty of the said council to grade and pave the same, agreeably to the provisions of this act: Provided, There are sufficient Proviso. unappropriated funds in the treasury of said borough to defray the expenses of the same; but this act shall not be so construed as to compel the owner of any lot to grade any street or alley, in front of the same, but said grading shall be done at the proper cost of said borough; and the wharf or Water street in said borough, shall be excluded from the provisions of this act.

SECTION 5. That the powers and authorities now vested by law, in Certain powers the select and common council of the city of Pittsburg, for the preven- extended to the tion of the erection of frame buildings, be and the same are hereby ex- borough of Birtended to the town council of the said borough of Birmingham.

mingham.