No. 305. AN ACT To incorporate the Montrose and Great Bend plank 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 Franklin Lusk, John Blowers, John Green, William Dayton, Henry Commissioners. Langley, James Griffin, Truman Baldwin, Davis D. Warner, Leonard Searle and George Baldwin, of Susquehanna county, or any five of them, be and they are hereby appointed commissioners to open books, receive subscriptions and organize a company, by the name, style and title Style. of "The Montrose and Great Bend plank road company," with power to construct a road from the court house, in the borough of Montrose, to Location. the Susquehanna river, in the village of Great Bend, by such route as may be agreed upon and adopted by the stockholders, or a majority of them, at a meeting to be called for that purpose, subject to all the pro- Subject to all the visions and restrictions of an act regulating turnpike and plank road com- provisions and panies, approved the twenty-sixth day of January, one thousand eight certain act. hundred and forty-nine. restrictions of a SECTION 2. That the capital stock of said company shall consist of Capital stock. three hundred and fifty shares, at fifty dollars per share: Provided, Proviso. That the said company may from time to time, by a vote of the stockholders, at a meeting called for that purpose, increase their capital stock so much as may be necessary in their opinion to carry out the true intent and meaning of this act. SECTION 3. That if the said company shall not commence the con- Commencement struction of their road within three years after the passage of this act, and and completion complete the same within six years thereafter, this act shall be null and of road. void, except so far as may be necessary to wind up the affairs and pay the debts of said company. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 306. AN ACT Authorizing the governor to incorporate the Allegheny and Butler plank 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 Commissioners. John Morrison, Richard Gray, Henry Woods, Jacob Painter, Alexan Style. der Hilands, Samuel Scott, Thomas H. Stewart, Henry Irvin, of Allegheny county; and John Bredin, Samuel A. Purviance, C. C. Sullivan, William Beatty, Oliver David, Jacob Mecklin, John Negley, William S. Boyd, John Berg, William Campbell, junior, G. W. Reed, Samuel C. Stewart, William Haslett. H. C. Dewolf, Samuel G. Parvís, Jacob Shafner, Peter Neely, John Kennedy, T. H. Lyon, Thomas M'Laughlin, G. W. Smith, Alfred Gilmore, Joseph M'Quiston, M. Zimmerman, A. Carnsy, David Walker, David Dougal, Daniel Coll, W. J. Ayres, Isaac Colbert, John Sullivan and George Miller, of Butler county, be and they are hereby appointed commissioners to open books, receive subscriptions and organize a company, by the name, style and title of "The Allegheny and Butler plank road company," with power to construct a plank road from Allegheny city, in the county of Allegheny, to Butler, in the county of Butler, by the nearest and best route or Subject to all the routes, as the stockholders may determine upon, subject to all the provisions and restrictions of an act regulating turnpike and plank road companies, passed the twenty-sixth day of January, one thousand eight hundred and forty-nine, excepting that portion of the thirteenth section of said act relating to tolls, which discriminate in favor of wheels of the width of four inches and upwards; and the company hereby incorporated shall have power to regulate their tolls within the limits prescribed by the said thirteenth section, without reference to the width in any case. Location. provisions and restrictions of a certain act. Capital stock. Commencement and completion of road. SECTION 2. That the capital of said company shall consist of two thousand shares, at twenty-five dollars per share: Provided, That said company may from time to time, by a vote of the stockholders, at a meeting called for that purpose, increase their capital stock so much as in their opinion may be necessary to complete the road or roads, and to carry out the true intent and meaning of this act. SECTION 3. That if said company shall not commence the construetion of their road within three years after the passage of this act, and complete the same within ten years thereafter, this act shall be null and void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. པ No. 307. AN ACT Supplementary to an act, entitled "An Act to incorporate the borough of West Philadelphia,” approved the seventeenth day of February, one thousand eight hundred and forty-four; and relative to party walls, and to authorize the Kensington gas company to increase their capital. 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 town council of the borough of West Philadelphia shall have power to elect, annually, one or more surveyors and regulators for said bor- Surveyors and ough, at such times as they shall determine; and each and every surregulators. veyor so appointed, before entering upon the duties of said office, shall take and subscribe an oath or affirmation that he will, to the best of his abilities, justly and impartially execute the duty of a surveyor for the borough, agreeably to the laws of this commonwealth and the ordinances and resolutions of the town council, that are or may be passed relating to the same, which oath or affirmation shall be filed in the office of the clerk of said borough, and he shall continue in office one year, or until a successor or successors shall be elected. To take and sub scribe an oath. SECTION 2. That no person or persons shall hereafter lay or build Application for any foundation or party wall, or wall adjoining any street, lane or alley building party within the said borough, before they shall have applied to the surveyor walls to be made or regulator appointed as above; and the said surveyor or regulators, to the surveyor or upon application to them made, shall have full power and authority to regulator. enter upon the land of any person or persons, in order to lay out and Power of surveyset the foundation, and regulate the walls to be built between party and or and regulator. party as to the breadth or thickness thereof; which foundation shall be laid equally upon the lands of the persons between whom such party walls are to be made, and the first builder shall be reimbursed one moiety of the charge of such party wall, or for so much thereof as the next builder may have occasion to make use of, before such next builder shall make use or break into the said wall; the charge or value whereof, if not agreed to by the parties, or by the arbitrators mutually chosen by them, shall be fixed and assessed by the said regulator or regulators, whose decision shall be final and binding upon the parties, unless an appeal is taken and made to the next court of common pleas of Philadelphia county, within ten days from the making and recording of the decision by the regulator, to be proceeded in according to the course of common law. SECTION 3. That the said surveyor or surveyors, or a majority of Regulate party them, where parties cannot agree, shall have full power to regulate party lines, &c. lines and partition fences within said borough, and between enclosed lots, they shall value and determine the equal cost to each party: Pro- Proviso. &c., before lines veyor. Proviso. surveyor and regulator as is usual in such cases, or such as shall be fixed by the town council of said borough. SECTION 4. That if any person or persons shall lay any foundation Penalty for lay- wall, or erect any building or fence adjoining or upon the line of any ing foundation or street, lane or alley within the said borough, before the lines or bounerecting building, daries of the lot or piece of land whereon the same is laid or built, adjusted by sur- erected or begun, shall be adjusted and marked out by the said surveyor and regulator, every such person. as well employer as master builder, shall forfeit the sum of twenty dollars; and the said surveyor and regu lator shall keep a suitable and proper public record of all surveys made by him, with descriptive plans of the same, as well as all decisions and awards made under this act; and in default thereof he shall forfeit a like penalty as above, one-half of said penalty shall be for the use of he borough, and the other half to the informer, to be recovered with costs as sums of like amount are recovered by law: Provided, That any house or building now erected or begun shall not be affected by this act And provided also, That no person under age, non compos mentis, feme, covert, imprisoned, or beyond the sea, or who shall not have notice as aforesaid, shall be injured or affected by any proceeding, order, direction or award, until the expiration of one year after coming of full age, returning from beyond the sea, discoverted, being at large or of sound mind, nor until the expiration of said one year after notice in writing, within which period his, her or their appeal may be entered and prosecuted as aforesaid; and the surveyor and regulator shall also have full power to survey, determine and permanently mark, under and subject to the rules and ordinances which are or may be enacted by the town council of said borough, the lines of all public streets, lanes or alleys of said borough, and prepare such plan or plans thereof as said council may direct, conforming to the original recorded plan of Hamilton and Creenville, or as near thereto as possible. Proviso. Construction of corporate powers of said borough. In the event of the West Philadelphia canal company abandoning their canal, may be filled up by the authorities of West Philadelphia. SECTION 5. That the corporate powers of said borough of West Philadelphia shall be so construed as to restrict or prevent horses, cattle, swine, dogs and all animals from running at large within the limits of the same, under and subject to the ordinances, resolutions and rules of the town council of said borough. SECTION 6. That in the event of the West Philadelphia canal company abandoning their canal, it shall be lawful for the authorities of the borough of West Philadelphia to fill up so much of said canal, as shall be necessary to secure and make convenient the communication between the city and county, by means of Market street continued, and the Permanent bridge. SECTION 7. In all cases of the breach of any by-laws of any city, By-laws of any borough, town or corporate body within this commonwealth, subjecting city, borough, the offender to a penalty or fine therefor, that suits for the recovery town or corporate thereof may be maintained before any justice of the peace or alderman, body, for breach in like manner as suits for the recovery of debts under the sum of one hundred dollars may now be maintained before them: Provided, The parties shall have the right to appeal as in other cases. of, suits may be brought for fine before any justice of the peace, &c. SECTION 8. That the borough of West Philadelphia shall hereafter Borough of West be entitled to a representative in the board of health, for the city and Philadelphia en- county of Philadelphia, who shall have the same powers and rights of titled to a repre- all other members of said board; and the said representative shall be sentative in board annually elected by the burgess and town council of said borough, on of health. Powers of. the same day and in the same manner that is provided by law for such election in the other incorporated districts of the city and county of Philadelphia; and the power and authority of the said boad of health, be and the same is hereby extended to the said borough of West Philadel phia, as fully and effectually as it now is in the said city and incorporated districts. SECTION 9. That in every case where a party wall or walls shall be Proceeding in and may heretofore have been condemned, under the provisions of the case where party seventh section of the act passed March thirtieth, eighteen hundred and walls are contwenty-nine, and June twenty-first, eighteen hundred and thirty-nine, demned, &c., afit shall be the owner or occupant of the premises whereon said party notice given. ter thirty days wall or party walls is or are situate, within thirty days after notice of said condemnation to him or her given, to cause the same to be removed, but at the proper charge of the person or persons upon whose application said party wall may have been condemned; and upon his or her failure to remove the same within said time, and upon the representation thereof, upon oath or affirmation, to the court of common pleas Court may grant for the city and county of Philadelphia, the said court shall grant a rule rule to show to shew cause why a writ should not be directed to the sheriff of said cause why writ county, returnable to the first Monday of the next month after the should not issue, issuing of such writ, commanding him, at the proper charge of such &c. applicant or applicants, forthwith to remove said party wall or walls, or cause the same to be removed, and upon the return of said rule, if no sufficient cause be shown to the contrary, it shall be the duty of the said court forthwith to direct said writ to issue. Kensington gas company to increase their capi SECTION 10. That the Kensington gas company shall be and they WILLIAM F. PACKER, GEORGE DARSIE, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 308. AN ACT Authorizing the governor to incorporate a company to erect a bridge over the Monongahela river, at the ferry of Jeremiah Davidson. 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 William Searight, Daniel Kaine, Ebenezer Finley, Johnston Vankirk, Commissioners. George E. Hogg, Alexander Gibson, Clark Breadding, James B. Davidson, James Ewing, John Philan, Amos Marton, Elihu Crain, Thomas |