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shall be filled by the judges of the court of quarter sessions of the county in which said person or persons so resigning, shall have resided.

visors.

SECTION 6. And it shall be the duty of the supervisors of the several townships through which said road shall pass, upon notice given, to Duties of superproceed at once and make and open the said road as other roads are made; and on failing to comply, the said supervisors, or any of them, shall forfeit and pay a fine not less than fifty dollars, to be collected as other fines are collected, and the said fine shall be appropriated for the use of said road; and the justice of the peace before whom information is lodged, shall have power to appoint another person in place of the supervisor refusing to perform the duties of this act, who shall be paid out of the funds set apart for the laying out and repairing of roads in the township in which said person, so refusing, may reside; and that said commissioners shall have power to vacate any road or part thereof, as may be rendered useless by this act, or shall have power to locate any part of the road between the points mentioned by this act.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED—The ninth day of February, A. D. one thousand eight hundred and forty-nine.

WM. F. JOHNSTON.

No. 43.

AN ACT

Erecting the townships of Butler and Frailey, in the county of Schuylkill, into separate election districts.

SECTION 1. Be it enacted by the Senate and House of Representatides of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the township of Butler, in the county of Schuylkill, is hereby erected into a separate election district; and the qualified voters thereof, shall hereafter hold their general and township elections at the public house of George Seitzinger, in said township; and that Peter Kline is hereby appointed judge, and Peter Seitzinger and Andrew H. Wilson, inspectors, to hold the township elections in said township, for the year one thousand eight hundred and forty-nine.

SECTION 2. That the qualified electors of Frailey township, in the county of Schuylkill, shall hereafter hold their general and township elections at the public house now occupied by Charles Burrowes, in the town of Donaldson; and that David Lomison is hereby appointed judge,

and Edward Witman and John Hinkle inspectors, to hold the township election in said township, for the year eighteen hundred and forty-nine. WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

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

WM. F. JOHNSTON.

No. 44.

AN ACT

Authorizing the commissioners of Schuylkill county to sell certain real estate.

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 commissioners of Schuylkill county are hereby authorized to sell, either at public or private sale, for the best price that can be reasonably had therefor, all that certain house and lot of ground situate in the borough of Schuylkill Haven, in the county of Schuylkill, being the same premises which was sold by the sheriff of said county of Schuylkill, as the property of Roland Kline, and purchased by the commissioners for a debt due to the said county; and having sold, to convey same to the purchaser or purchasers in fee simple.

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APPROVED-The ninth day of February, one thousand eight hundred

and forty-nine.

WM. F. JOHNSTON

No. 45.

AN ACT

Relative to the Schuylkill bridge company, at Pottstown, Montgomery county.

WHEREAS, The Schuylkill bridge at Pottstown, in its present condition being liable to, and in great danger of, injury and destruction by high water and ice freshets, and from the imperfection, and strained, Preamble. and warped condition of its wooden structure, the defect of its masonry, and its want of elevation above water, no partial or temporary repairs can avail in giving it security; and hence the stock of said company has greatly depreciated from its par value, and no authority exists in the board of managers, to call upon the stockholders for contributions, or by any other means, to raise funds for re-building said bridge promptly, when destroyed, or when it shall become impassable, so as to secure public convenience; therefore,

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 managers of the Schuylkill bridge company, at Pottstown, Retain dividends be and they are hereby authorized to withhold the declaring of divi- in treasury. dends, and retain in the treasury of said company, all the net proceeds of said bridge accruing, and hereafter to accrue, until the amount in said treasury shall be sufficient to build a permanent and substantial new bridge; and the managers aforesaid, are moreover hereby authorized, in the meantime, to loan the moneys in, and hereafter coming into the treasury, upon good security, with interest for the same.

SECTION 2. That the said board of managers, if the said bridge should be destroyed, or become impassable, before the funds accumulating in the said treasury are sufficient to build and construct said new bridge, be and are hereby authorized to build and construct, or cause to be built and constructed, a good and substantial new bridge, upon New bridge. the site of the existing bridge, to reduce the par value of the original capital stock of said company, from fifty to twenty-five dollars per

share, to open books to receive subscription for additional stock, at Receive subtwenty-five dollars per share from the stockholders, in proportion to scriptions, &c. the stock held by them, and next from any and all other persons, until

the amount of subscription shall supply the deficit in the treasury, for

the payment of building and constructing such new bridge; and to issue,

or cause to be issued, certificates of stock for such additional subscrip- Certificates of tion, upon payment thereof, as well as to issue new certificates for the stock. existing stock reduced, as aforesaid, in lieu of the original certificates.

SECTION 3. That the president and managers of the said Schuylkill bridge company, be and they are hereby authorized and empowered to borrow, from time to time, any sum or sums of money they may judge necessary for the purposes of re-building said bridge, not exceeding five thousand dollars, and to mortgage or pledge their corporate property, or any part thereof, as security for said loan.

SECTION 4. That so much of any act or resolution as is hereby altered or supplied, be and the same is hereby repealed.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

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APPROVED-The twelfth day of February, one thousand eight hundred and forty-nine.

WM. F. JOHNSTON.

46.

A SUPPLEMENT

To the act incorporating the Pottsville water company, approved the eleventh day of April, Anno Domini, one thousand eight hundred and thirty-four.

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 Increase capital the managers of the Pottsville water company, be and they are hereby authorized to increase the capital stock of the said company from twenty thousand dollars to fifty thousand dollars; such increased capital stock to be divided into shares of twenty-five dollars each.

stook.

water into the

SECTION 2. The said Pottsville water company shall have power to Power to bring bring into the borough of Pottsville, water from Mill creek, or its branches in the county of Schuylkill, under and subject to the same rights, powers and liabilities that are granted to the said company, in an act to which this is a supplement.

borough of Pottsville, &c.

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APPROVED-The twelfth day of February, A. D. one thousand eight

hundred and forty-nine.

WM. F. JOHNSTON.

No. 47.

AN ACT

To authorize the adjutant general to furnish arms to the Waynesburg Dragoons.

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 adjutant general is hereby authorized and directed to furnish, out of any unappropriated arms and accoutrements, upon the requisition of the proper brigade inspector, to the cavalry company styled the Waynesburg Dragoons, attached to the infantry battalion of volunteers, entitled the Highlanders," in the bounds of the second brigade, fourteenth division, Pennsylvania militia, under such regulations and restrictions as are now provided by law.

WILLIAM F. PACKER,

Speaker of the House of Representatives.
GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The twelfth day of February, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 48.

AN ACT

Extending certain auction laws to Greene 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 provisions of the act, passed the seventh day of April, one thousand eight hundred and thirty-two, entitled "An Act regulating auctions in the city of Lancaster, and other towns of this commonwealth," be and the same are hereby extended to the county of Greene, except the last proviso contained in the fourth section of the said act.

WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate.

APPROVED-The twelfth day of February, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

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