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the attorney of either of them; and the filing of a certified copy of the
record of the said action in the office of the prothonotary of the said
court of common pleas of Lancaster, shall be the evidence of such trans-
fer and removal having been decided upon and made: Provided, That Proviso.
the said county of Lancaster, shall not be subjected to any costs or ex-
pense in consequence, or by reason of the transfer and removal of the
said action, but the same or such part thereof, as would otherwise fall
upon the county where the said action shall be tried, shall be paid by
the losing party; and that the final judgment in the said action so transfer-
red and removed, shall be subject to writ of error to the supreme court
as in other cases.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The twenty-first day of March, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 181.

AN ACT

To establish a uniform standard for the measurement of bituminous coal, and authorizing the appointment of a wood inspector in the borough of Lewistown.

for the measure

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly Standard bushel met, and it is hereby enacted by the authority of the same, That ment of bitumithe standard bushel for the measurement of bituminous coal, shall from nous coal shall and after the first day of January, one thousand eight hundred and fifty, contain 2,688 cucontain two thousand six hundred and eighty-eight cubic inches ever. bic inches even measure, and this act shall not affect contracts made before that time: measure. Provided, This act shall go into immediate operation in the county of Proviso. Allegheny, from and after its passage.

SECTION 2. It shall be the duty of the sealer of weights and mea- Duty of the sealsures for the county of Allegheny, to measure and seal all trucks, cars- er of weights and wagons and other vehicles used in the transportation and sale of bitumi- measures for the nous coal, subject to all the penalties and provisions, so far as the same county of Alleare applicable, contained in an act passed the twenty-first day of April, gheny. one thousand eight hundred and forty-six, entitled "A supplement to an act authorizing the secretary of the commonwealth to distribute copies of the standards of weights and measures, and for the appointment of sealers, passed April fifteen, one thousand eight hundred and forty-five:" Provided, That in the said county of Allegheny, the pen- Proviso. alty for selling from any car, cart, wagon, or other vehicle, without the same having been first measured and branded, shall be ten dollars for

The said sealer to cause all cars,

carts, &c., to be sealed, for which he shall be enti

tled to fees.

Proviso.

every such offence; and any person altering the same after it has been measured and sealed, shall forfeit and pay not less than fifty dollars, nor more than one hundred dollars every offence.

SECTION 3. That the sealer in said county of Allegheny, shall at least once in each year, go to all the pits in the county for which he was appointed, and seal, or caused to be sealed, all cars, carts, wagons, or other vehicles, and shall be entitled to receive the following fees, to-wit: for measuring, sealing and branding any car, cart, wagon, or other vehicle, containing not more than twenty-five bushels, fifty cents, and one cent for every additional bushel: Provided, That for the sealing of such cars, carts, wagons, or other vehicles, as have been previously measured and sealed, and have not been altered, he shall be entitled to receive only half the above fees.

SECTION 4. That the town council of the borough of Lewistown, have power to appoint a wood inspector for said borough.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The twenty-third day of March, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 182.

AN ACT

To preserve and perfect the validity of judgments, entered upon the continuance or appearance dockets of the county of Lycoming.

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 omission or failure heretofore of the prothonotary, clerk, or other proper officer of the courts of the said county of Lycoming, of this commonwealth, to transcribe into, or enter upon the judgment or lien docket of said courts, any judgment or judgments, or other liens, according to the third section of the act of one thousand eight hundred and twentyseven, which have been properly entered upon the appearance or continuance dockets, shall in no wise invalidate or impair such judgments or liens; and all such judgments or liens which shall have been so entered upon the appearance or continuance dockets, shall be deemed good and valid to all intents and purposes, as though they had been duly entered upon the judgment or lien dockets, according to the requirements of the act aforesaid: Provided, That nothing contained in this act shall hereafter release prothonotaries or other proper officers of the several courts of the county of Lycoming aforesaid, from keeping a

judgment or lien docket, according to the requirements and provisions of the act of twenty-ninth of March, one thousand eight hundred and twenty-seven, aforesaid.

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APPROVED-The twenty-third day of March, one thousand eight hunddre and forty-nine.

WM. F. JOHNSTON.

No. 183.

AN ACT

Supplementary to an act providing for a survey of the borough of Frankford, in the county of Philadelphia.

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 act, that whenever the court directs Damages, how the opening of any street, road, lane, court or alley, in the borough of determined and Frankford, laid down in the plan of said borough, as provided in the assessed. act for a survey of the same, passed April five, one thousand eight hundred and forty-one, any damages that may accrue in consequence of said opening, shall be determined and assessed in the manner that damages are usually assessed in the opening of roads in the county of Philadelphia.

SECTION 2. That from and after the passage of this act, it shall be lawful for the surveyor of the borough of Frankford, or the council of the same, to so alter and amend the plan of said borough, as to extend Green street to Orchard street, when opened as provided for by law, at the same width as that part of Green street already opened, between Main and Paul streets, in said borough, and in a direct line with said Green street.

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APPROVED The twenty-fourth day of March, Anno Domini, one

Green street ex

tended.

thousand eight hundred and forty-nine.

WM. F. JOHNSTON.

No. 184.

AN ACT

Authorizing the laying out of a state road from Strattonsville, in the county of
Clarion, to the Ridgeway and Warren turnpike road.

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. Cyrus Blood, J. Y. James and Peter Clover, junior, be and they are

Location.

hereby appointed commissioners to view and lay out a state road from the village of Strattonsville, in the county of Clarion, by the way of Helen furnace, to the town of Marion, in Forest county; thence by the 1 nearest and best route to the Ridgeway and Warren turnpike road, at or near where said road crosses the Tionesta creek, in Warren county.

Duty of commissioners.

Further duties.

Draft of location.

Copy to be forwarded to the

SECTION 2. It shall be the duty of said board of commisoners, or a majority of them, after taking and subscribing an oath or affirmation before a justice of the peace, to perform the duties enjoined upon them by this act, with impartiality and fidelity, to carefully view the ground over which road may pass, and lay out the same on the nearest and best ground to a straight line, and in no place to exceed an elevation of five degrees from a horizontal line.

SECTION 3. That it shall be the duty of said commissioners, plain and distinctly to mark the ground on the routes agreed upon for the road, aforesaid, in such manner as to enable the supervisors readily to find the same; and for the purpose of fulfilling the duties in this act enjoined, the said commissioners are hereby authorized to employ, at a per diem allowance not exceding one dollar each, two chain carriers and one axeman, one packer and pack horse; and the said commissioners, respectively, shall receive a per diem allowance not exceeding one dollar and fifty cents, for each day necessarily expended in the discharge of the duties enjoined by this act; and the said commissioner performing the duties of surveyor, shall have and receive an additional compensation of fifty cents per day for each and every day spent in the laying out of said road, to be paid in manner and form as hereinafter directed.

SECTION 4. It shall be the duty of said commissioners to make out a fair and accurate draft of the location of said road, respectively noting thereon the courses and distances as they occur, the improvements, and also the crossings of township lines, roads and waters, with such other matter as may serve for explanation; one copy whereof shall be deposited in the office of the secretary of the commonwealth, on or office of the sec- before the first day of November next, and one copy in the offices of retary of the com- the clerks of courts of the respective counties in which the said road monwealth, and may be laid out, on the day aforesaid, or as much sooner as practicable, one to the offices which shall be a record thereof; and from thenceforth the said road shall be, to all intents and purposes, a public highway, and shall be opened to the breadth of thirty-three feet at least, and repaired in all respects as roads are opened and repaired, which are laid out by order of the courts of the several counties through which the said road shall pass.

of the clerks of the courts.

SECTION 5. That the accounts of the said commissioners, for their Accounts. own pay and the pay of their chain carriers, axemen, and so forth, shall be made out and returned to the acting commissioners of the several counties in which said road may be located, in proportion to the time spent in the respective counties in locating said road, and that they be paid out of the treasury of each of the respective counties, on warrants drawn in the usual way.

SECTION 6. That the said commissioners shall meet on or before the Meeting. first day of June next, or as soon thereafter as practicable, and complete the view of said road; and if any vacancy should occur, the court of quarter sessions of the county where such vacancy occurs, shall supply by the appointment of suitable persons, who shall perform said duty.

WILLIAM F. PACKER,

Speaker of the House of Representatives.
GEORGE DARSIE,

Speaker of the Senate.

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

WM. F. JOHNSTON.

No. 185.

AN ACT

Repealing an act relative to roads and bridges in Warsaw township, Jefferson county, and for other purposes.

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 act, entitled "An Act relative to roads and bridges in Warsaw township, Jefferson county." passed the thirteenth day of February, one thousand eight hundred and forty-seven, be and the same is hereby repealed.

SECTION 2. That the qualified voters of Porter township, in Jefferson county, shall hereafter hold their spring and fall elections at the house of Andrew Timlin, in said township; and that John Postlethwaithe and John Shauger be inspectors, and Daniel M'Gregor be judge, for the purpose of holding the election for township officers, on the fourth Monday of February, one thousand eight hundred and forty-nine; and that the elections for township officers be holden on the fourth Monday of February in each year thereafter.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The twenty-fourth day of March, Anno Domini one

thousand eight hundred and forty-nine.

WM. F. JOHNSTON

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