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regard to the quantity of water to be used. And the said company shall have power to lease or rent out any surplus steam or water power, that may be found to exist after the works shall be in full operation.

SECTION 10. That the said borough of Hollidaysburg be, Borough of Hollidaysb'g and they are hereby authorized and empowered, to subscribe authorized to to the stock of the said company, under the conditions and subscribe for restrictions hereinbefore stated as applying to individual sub- stock in water scribers; the votes to which the borough may be entitled, to company be given by the burgess. And the said borough is further authorized, to contract with and pay to the said company, any sum that may be agreed upon, for the use of the fire plugs aforesaid, or for the erection of hydrants for the public or private use of the citizens of said borough, levying and collecting such taxes for the use of the same, as the burgess and town Taxes · council shall deem just and expedient.

SECTION 11. That the president and managers shall have

the power of calling in the capital stock, by such instalments Instaliments as they may deem advisable, and to collect the same by suit, after giving thirty days notice in two of the papers published in the borough of Hollidaysburg; and after the debts of the company shall have been paid, they shall, by their president, declare a half yearly dividend on the stock paid in, on the first Dividend Mondays of January and July, publishing the time and place of paying the same, and causing it to be paid accordingly.

SECTION 12. That any person who shall wilfully destroy or Penalty for injure the works, pipes, reservoirs, cisterns, hydrants or other injuring fixtures of the company, or shall wilfully corrupt or render works unwholesome the water brought or conveyed into the borough by the company, or the stream or streams, spring or springs from which the same is brought, shall be deemed guilty of inalicious mischief, and be liable moreover to the company for damages sustained by such injury.

SECTION 13. That if the company shall not proceed to com-Time for commence and carry on the work hereby authorized to be done, mencement & within three years from the time of the passage of this act, completion and shall not within five years thereafter have brought the limited water within the limits of the borough, then in either case all and singular, the rights and liberties hereby granted or hereby intended to be granted to the company, shall revert to the Commonwealth.

bited

SECTION 14. That the company aforesaid, shall not have Banking pripower to issue any note or notes, in the nature of bank notes, vileges prohi or to be endorsers on any note or notes, or to use or exercise any banking privileges whatever, and in case they at any time act contrary to the provisions of this section, their charter privileges shall be null and void.

SECTION 15. That whenever by application to the court of common please of Huntingdon county, any individual or indi

Injury to pri viduals complain and allege, that he, she or they have sustain vate property ed injury by such water being taken from or across their land how remedied or enclosures, it shall be lawful for the said court, and the said

Proviso

water works

court is hereby directed to appoint three discreet, disinterested citizens of the said county, who after viewing the premises and hearing the parties, their proofs and allegations and taking into consideration, the advantages resulting from said water works, is any, shall award such damages under oath as they may deem just and equitable: Providea, That from such award either party may appeal as from the award of arbitrators, under the act of assembly passed the twentieth day of March, one thousand eight hundred and tex.

Borough of SECTION 16. That at any time from and after five years Hollidaysb'g from the completion of said water works, the borough of Holmay purchase lidaysburg shall have the privilege of purchasing from the said company, the water works aforesaid, with all their privileges and powers, pipes, trunks, cisterns, reservoirs and fixtures, paying to the said company the whole cost of said works, fixtures and so forth, with interest upon the same, at the rate of six per cent., from the time of the expenditure until the time of said purchase.

WM. A. CRABB,

Speaker of the House of Representatives.
JNO. J. PEARSON,

Speaker of the Snate pro tempore.

APPROVED-The twelfth day of March, A. D. eighteen hundred and forty-one.

DAVID R. PORTER.

[No. 40.]

A FURTHER SUPPLEMENT

To the act to incorporate the Lehigh Coal and Navigation Company.

SECTION 1. Be it enacted by the Senate a d 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 Lehigh Coal and Navigation company to increase their capital stock, by crease capital the sale of shares or otherwise, to any amount which shall not exceed the actual cost of the navigation and rail road, re

Lehigh coal
& nav co au-
thorized to in-

stock

quired by the several acts of assembly of this Commonwealth Time for comto be constructed by that company; and that the time fixed by pletion of tunnel extended law for the completion of the tunnel, on the railroad from for two years White Haven to Wilkesbarre, be extended for two years: Provided, The capital stock authorized by this and former Capital stock acts of assembly, shall not exceed six millions of dollars.

limited

SECTION 2. That it shall be lawfel for the Lehigh Coal and May purchase Navigation company, to purchase wharves and landings in the wharves and city and liberties of Philadelphia, for the accommodation of landings to an their coal business, to an amount not exceeding seventy-five thousand dollars, in addition to the amount heretofere limited by law, to be invested by them in the purchase of land.

WṀ. A. CRABB,

Speaker of the House Representatives.
CHARLES B. PENROSE,

Speaker of the Senate.

APPROVED-This thirteenth day of March, A. D. eighteen

am't not exceeding $75,

000

hundred and forty-one.

DAVID R. PORTER.

[No. 41.]

AN ACT

Supplementary to an act entitled "An act authorizing the Governor to incorparate the Bald Eagle and Nittany Valley Turnpike and Railroad Company."

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the time allowed in the act entitled "An Time to comact authorizing the Governor to incorporate the Bald Eagle plete B. E. & Nittany Val and Nittany Valley Turnpike and Railroad company," passed ley turnpike the thirtieth day of March, Auno Domini one thousand eight & railroad ex hundred and thirty-one, for the completion of the turnpike or tended 5 y'rs railroad mentioned and described in the said act, is hereby extended five years from and after the thirtieth day of March next, (Anno Domini one thousand eight hundred and forty-one,) and the charter of the said company, and the act to which this is a supplement, shall be and remain in as full force as though the time in this extended act had been allowed in the original act. And the said company are hereby authorized to elect officers, and exercise all the rights and privileges conferred by the said charter and the law to which this is a supplement, in the same

manner as if the time in this extended act had been allowed in

the original act.

WM. A. CRABB,

Speaker of the House of Representatives.

JN. H. EWING,

Speaker of the Senate.

APPROVED-This sever.teenth day of March, A. D. eighteen

hundred and forty-one.

DAVID R. PORTER.

Election in
Centre co de-

Marion tp

clared valid

Borough of
Honesdale,
Wayne co

[No. 42.]

AN ACT

Confirming the election of Justices of the Peace, in Marion township,
Centre county, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the election held for the purpose of electing justices of the peace, for Marion township, in the county of Centre, on the third Friday of March, one thousand eight hundred and forty, be and the same is hereby declared valid, and to have the same force and effect as if the report made to the court of quarter sessions of said county, erecting said township, had been confirmed by said court at the time said election was held.

SECTION 2. That the town council of the borough of Honesdale, in the county of Wayne, be and they are hereby authorized, to borrow any sum of money not exceeding one thousand authorized to five hundred dollars, for the purpose of purchasing a fire engine and apparatus, for the use of said borough, at a rate of interest not exceeding six per cent. per annum, re-imbursable at such time or times as may be agreed upon by the said town council and the person or persons taking said loans.

borrow mo

ney

Interest how paid

WM. A. CRABB,

Speaker of the House of Representatives.
JN. H. EWING,

Speaker of the Senate.

APPROVED--The seventeenth day of March, A. D. eighteen

hundred and forty-one.

DAVID R. PORTER.

[No. 43.]

AN ACT

To vacate that portion of the Bridgewater and Wilkesbarre Turnpike Road between the head of the Wyoming Valley and Tunkhannock, and for other purposes.

vacated

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 Part of act, all that portion of the Bridgewater turnpike road lying Bridgewater between the head of the Wyoming valley and the village of turnpike road Tunkhannock, in the county of Luzerne, incorporated on the third day of March, one thousand eight hundred and eleven, be and the same is hereby vacated; and hereafter no tolls shall be collected on the same. and all management and control over the same by the stockholders or managers thereof, shall cease; and the said roads shall henceforth be under the superintendence of the supervisors of the highways, through the several townships in which the same is located, and be subject to the provisions of the public road laws of this Commonwealth.

SECTION 2. That the commissioners of Bedford county, Commis'rs of shall have power to repair out of the county funds, the bridge Bedford co to over Licking creek, in Bethel township, Bedford county, repair bridge built by an appropriation under the act incorporating the Berks over Licking County Bank, passed the first day of April, one thousand eight creek hundred and thirty-six.

SECTION 3. That it shall be lawful for the board of school School directdirectors of Branch township, in the county of Schuylkill, to ors of Branch mortgage for the sum of fifteen hundred dollars, the Miners- tp Schuylkill ville school house, in said township, for the payment of the debts contracted in the erection thereof.

co may mort

gage S. house

Chester co

SECTION 4. hat the fourth section of the act passed the Part of former twenty-seventh day of March, one thousand eight hundred and law repealed thirty-nine, entitled "An act authorizing the commissioners of so far as rethe county of Philadelphia, upon certain conditions, to widen, lates to certain grade and culvert a certain portion of Broad street, in the said townships in county, and for other purposes," which section has relation to the repairs of the public roads in the county of Chester, be and the same is hereby repealed, from and after the passage this act, so far as relates to the townships of East Vincent, West Vincent, Schuylkill, North Coventry, South Coventry, Charlestown, East Goshen and Penn, West Fallowfield, Uch

of

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