agreed upon by said company and such individuals, according to such uniform rates which the president and managers shall hereafter adopt. SECTION 9. The president and managers shall call in the capital stock by instalments, as the same may be required, and if any stock- In case of neholder shall neglect to pay the same, after thirty days' notice, payment glect to pay inmay be enforced as in other cases; and whenever the debts of the com- stalments, paypany shall be paid, and the income shall exceed the expenses of the ment may be company, the president and managers shall declare a dividend on the enforced, &c. stock paid in, half-yearly, on the first Monday of January and July in each year, which dividend shall not exceed the sum of ten per cent. per annum on said stock actually paid, and shall publish the said dividend and the place where the same will be paid, and shall cause the same to be paid accordingly. Dividends. SECTION 10. That any person who shall wilfully destroy or injure Penalty and punin any manner, the pipes or otherwise, or cisterns, reservoirs, hydrants ishment for injuor any of them, or any of the works belonging to said company, erected ries to pipes, cisin pursuance of this act, or shall wilfully corrupt or otherwise render terns, hydrants, unwholesome the spring or stream of water which shall be conveyed &c. and brought into said town of Milford, by said company, or shall in any way pollute or render noxious or offensive the said water, every such person so offending shall forfeit and pay a sum not less than five nor more than fifty dollars, at the discretion of the magistrate before whom sued for, and to be recovered with cost, in the corporate name of the company, in the same manner as debts under one hundred dollars are recoverable, the one-half for the use of the poor of said town of Milford, and the other half for the use of the company; and if any person against whom such judgment shall be rendered, shall neglect or refuse to pay the amount of such judgment, and no goods and chattles of such person can be found whereof to levy the same by execution, then such person or persons shall be committed to the jail of Pike county, for any period of time not less than five nor more than fifty days, at the discretion of the justice rendering such judgment, and shall moreover remain liable to all damages to the company. Commencement SECTION 11. That if the said company shall not proceed to carry on the said work within three years after the passage of this act, or shall and completion of not within five years afterwards proceed, so far as to carry water into work, &c. said town of Milford, in either of these cases all and singular the rights, liberties and franchises hereby guarantied to said company, shall revert to the commonwealth. SECTION 12. The legislature reserves the right to alter or repeal the Reservation. privileges hereby granted, whenever in their opinion the same shall be necessary: Provided however, That no injustice shall be done to the Proviso. į corporators. APPROVED-The fifth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. Preamble. Lawful for de fendants in suits hereafter brought upon said notes to give in evidence any deposition which they have heretofore taken, or may hereafter take, under oath, &c. Proviso. Dividends of the profits of the Chartiers coal No. 290. AN ACT To perpetuate evidence in certain cases therein named, and relative to taxing the WHEREAS, Daniel B. Stewart executed to Jacob L. Jayne a certain deed of assignment, conveying to said Jayne all the right, title and interest of the said Stewart in and to a certain invention of a lamp for burning lard, of which one Jesse Neal was patentee, for the counties of Luzerne and Wyoming, bearing date the second day of January, Anno Domini, one thousand eight hundred and forty-two, and agreed to have a deed legally made and delivered to said Jayne, conveying to him the sole right of making, using and vending the said lamp in the counties of Wyoming and Monroe, for and in consideration of which the said Jacob 1. Jayne and William S. Jayne executed and delivered to said Stewart two certain notes or writings obligatory in the sum of one hundred dollars each: And whereas, The said promissors or obligors not having since heard from the said Stewart or the said notes or writings obligatory, and having a just defence thereto; therefore, for the purpose of perpetuating the evidence in relation thereto, 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 it shall be lawful for the defendants, in any suit or suits that may hereafter be brought upon either or both of the said notes or writings obligatory, to give in evidence any depositions which they have heretofore taken or may hereafter take, under oath or affirmation duly administered by a person having power to administer such oath or affirmation, and properly reduced to writing by him, although no rule has been or can be, under existing laws, entered for the taking of the same, and although no notice has been or can be served upon the adverse party: Provided, That the said depositions shall not be received in evidence if any of the witnesses, whose depositions may have been taken as aforesaid, shall be within the jurisdiction of the court where such suit or suits shall be tried, or if his, her or their attendance can be procured by the exercise of reasonable diligence on the part of the said defendants. SECTION 2. That all dividends of the profits of the Chartiers coal company exceeding ten per cent. per annum, shall be subject to a tax for the use of the commonwealth, at the rate of twenty-five per cent. upon company exceedall such excess; and the proviso to the ninth section of the act incorpoing ten per cent. per annum, to be rating said company, be and the same is hereby repealed. subject to certain tax. WILLIAM F. PACKER, Speaker of the House of Representatives. APPROVED-The fifth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 291. AN ACT Authorizing the paving of the Gray's Ferry road, from Cedar street to Federal street; providing for the construction of lateral railroads; relating to the appointment of auctioneers in the counties of Erie, Mercer and Bradford; extending the Southwark railroad; and in relation to the collection of poor taxes in the city of Pittsburg. Commissioners 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 board of commissioners of Moyamensing, shall proceed without of Moyamensing delay to regulate, grade, curb and pave the Gray's Ferry road, from to regulate, Cedar street to Federal street, and to charge the expense of curbing and grade, curb and paving to the owners of property fronting thereon, in proportion to the pave Gray's Ferry actual front owned by each; the said commissioners shall have power road, from Cedar to file their lien on the property for the amount due by each owner, by reason of the curbing and paving, in like manner as liens for curbing and paving are now filed, and shall have and possess all such legal rights and remedies for the recovery thereof, as they now have and possess for the recovery of claims for curbing and paving; the expense of the regulating and grading to be borne by the district of Moyamensing: all laws or parts of laws conflicting or inconsistent with the provisions of this act, are hereby repealed. street to Federal street, &c. Lawful for indi connect with SECTION 2. That it shall be lawful for any individual, or association viduals to conof individuals, to construct a railroad or plank road from his or their struct railroads or premises, to connect with any railroad or plank road which may be plank roads from constructed, or to any stream of water which has been or may here- their premises to after be declared a public highway: Provided, Such railroad or plank other railroads, road shall not exceed three miles in length; and any individual or indi- &c. viduals making any such improvement, shall be subject to all the pro- Proviso. visions and restrictions of an act regulating turnpike and plank road Subject to all the companies, approved the twenty-sixth day of January, one thousand provisions and eight hundred and forty-nine: And provided further, That this act restrictions of a shall only extend to the counties of Warren, M'Kean, Elk and Potter. certain act. SECTION 3. That the governor be and he is hereby authorized and Governor auempowered to appoint and commission for the term of five years, thorized to apseverally, two suitable persons in the borough of Erie, in the county point auctioneers of Erie, and one in each of the counties of Mercer and Bradford, as for the borough auctioneers, who are hereby authorized to sell at public auction, at such times and places as either of them may select, all kinds of goods, wares, Mercer and Bradmerchandize, lands, tenements, and all other kinds of property not ford. herein named; and each of said auctioneers so appointed shall, before Auctioneer to exercising any of the powers or privileges incident to said appointment, pay a certain pay into the county treasury, for the use of the commonwealth, the amount into sum of twenty-five dollars for his commission; and each and every auc- county treasury tioneer appointed under the provisions of this section, shall pay into the for his commission, also certain county treasury, for the use of the commonwealth, one per centum upon all sales exceeding in amount the sum of ten thousand dollars per sales over annum. of Erie, and counties of Erie, per centum on $10,000. SECTION 4. That the Southwark railroad company, incorporated by Southwark railan act of the general assembly, passed the second day of April, one road, authorized to construct a thousand eight hundred and thirty-one, be and they are hereby authorbranch or exten- ized to construct a branch or extension of their present road from a sion of their pre- point upon the same, at the corner of Prune and Broad streets, in the sent road. county of Philadelphia, to the outer channel of the river Delaware, on League island. sions and restric SECTION 5. That in constructing and locating the said branch or Subject to provi- extension, and after the same shall have been completed, the said Southwark railroad company shall be subject to all the provisions and restrictions imposed upon the said company under existing laws, as fully and effectually as if the same were herein re-enacted in full detail. tions of existing laws. Laws relative to collection of county taxes, now in force in Allegheny county, extended to the collection of all taxes for the support of the poor in the city of Pittsburg, &c. SECTION 6. That the laws now in force relative to the collection of county taxes on unseated lots or lands in Allegheny county, be and the same are hereby extended and made applicable to the collection of all taxes for the support and maintenance of the poor in the city of Pitts burg; and the collectors of the said poor tax, and the county commissioners and treasurer shall be governed in all respects in their proceedings for the sale of unseated lots or lands for said poor tax, as now provided by law for the sale of unseated lots or lands for county taxes. WILLIAM F. PACKER, Speaker of the House of Representatives. APPROVED-The fifth day of April, Anno Domini, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. Boundaries. No. 292. AN ACT To incorporate in Reserve township, Allegheny county, a borough, to be called the borough of Duquesne; to erect the town of Tarentun, in Allegheny county, into a separate election district; and to regulate the streets and public grounds in the borough of Girard, in Erie 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 territory lying in the township of Reserve, in Allegheny county, included within the following boundaries: commencing at the junction of the Reserve tract, and running thence westwardly until it reaches the north-west corner of Thomas H. Stewart's land, and thence by the same to its junction with the lands late of Benjamin Herr, deceased; thence by the same to the brow of the hill at the village of New Troy; and thence by the same to the corner of land of Jacob Schimmer, on the New Troy road, (the southerly side thereof,) and the same continued about a straight line until it intersects Saw Mill run, (the line of the city of Allegheny;) thence by the same to the centre of the Allegheny river; thence up the same to a point opposite to the place of beginning, and thence to the place of beginning, to be called the borough of Duquesne, including also in the above territory the island known by the name of Herr's island. SECTION 2. The inhabitants of said borough entitled to vote for members of the general assembly, having resided therein ten days immedi ately preceding the election, shall on the third Friday of March in every Annual election. year thereafter, meet at the public school house in said borough, and then and there between the hours of three o'clock and seven, P. M., elect by ballot one citizen who shall be styled the burgess of said bor- Burgess and ough, and four other citizens to be members of the town council; and at town council. the first election six school directors, two to serve one year, two to serve Justices of the peace. two years, and two for three years, and thereafter two school directors School directors. annually, and one person to be constable of said borough, and one perConstable. son as overseer of the poor, whose name shall be returned to the next Overseer of the court of quarter sessions for the like purposes as in elections of town- poor. ship constables; the said inhabitants shall also at the same time and place elect two justices of the peace, one judge and two inspectors of elections, and assessors, agreeably to the laws of this commonwealth; the said election shall be conducted in the same manner as is provided for the election of township officers of this commonwealth, except that the certificates of the election of burgess, town council and school directors shall be filed among the records of the corporation: Provided, Proviso. That the first election to be held under this act, shall be held by Ezekiel Day, Thomas Nesmith and Louis Fielbach, who are hereby required to attend at the public school house in said borough on the first Friday of May next. Privileges. SECTION 3. That from and after the said first Friday of May the burgess and town council duly elected, and their successors, shall be one body politic and corporate by the name, style and title of "The Style. burgess and town council of the borough of Duquesne," shall have, possess and enjoy all rights, privileges, liberties and franchises of a borough, incorporated in pursuance of the act passed the first day of April. Anno Domini, one thousand eight hundred and thirty-four, entitled "An Act for the incorporation of boroughs;" and the several provisions of the said act so far as the same are not inconsistent with this act, shall extend to and be in force with said borough, as fully as if said borough had been incorporated agreeably to the provisions thereof. SECTION 4. The school directors under this act, shall perform the School directors, same duties, and possess the like powers in all respects, as school direc- duties and powers tors elected agreeably to the general laws of this commonwealth. of. SECTION 5. The said borough shall be a separate election district, and Separate election the electors thereof shall hold their borough and general elections at the district. public school house in said borough. SECTION 6. The burgess and town council shall meet on the first Burgess and town Monday next succeeding their election in each year, and as often there- council, when to after as occasion may require; three members shall constitute a quorum meet. to do business, and the proceedings of a majority of a quorum, when Quorum. SECTION 7. The town council shall have power to pass and enact Town council, such by-laws, rules and regulations and ordinances as they may deem powers of. |