and Columbia Railroad to pass from end to end of the same, Regulating and the Commonwealth of Pennsylvania shall at all times the passing have the privilege of passing the locomotive engines and cars of locomoused by it on the Philadelphia and Columbia Railroad, and its extensions, from end to end of said road, by paying the same tolls, and being subject to the same regulations as other · companies or individuals.

tives & cars.

Relating to

SECTION 7. The York and Maryland Line Railroad com- the York and pany shall have the perpetual right of the use of said road, Maryland from Wrightsville to York, upon the same terms of any other line Railroad company, individual, or the Commonwealth of Pennsylva- company. nia: Provided, That the said York and Maryland Line Proviso. Railroad company grant the same privilege to the Wrightsville, York and Gettysburg Railroad company, and the Commonwealth of Pennsylvania, to such part of its road as may lie between its intersection with the Wrightsville, York and Gettysburg Railroad in the borough of York, and the intersection of the Wrightsville, York and. Gettysburg Railroad with the said York and Maryland Line Railroad, at any place west or south of the borough of York, if such intersection should take place, and said intersection is hereby authori

zed.

SECTION 8. The officers of the company shall consist of a Officers to be president and eight directors, to be chosen on the first Tues- chosen annuday in September annually, in the manner specified in sec- ally. tion eight of the act to incorporate the Wrightsville and York Railroad company, and until the first Tuesday of September next, the president and directors now in office of the two companies hereby united, shall be the officers of said company, and choose their president by a majority of votes, at a joint meeting of the two companies, regularly called.

SECTION 9. The company created by this act shall be liable for all the debts contracted and liabilities of both the Liabilities, original companies, and any security granted by either of said companies to individuals or bodies corporate, shall be and remain unaffected by this act, and

SECTION 10. The viewers to assess damages, to be appointed by the court, shall be selected out of one of the counties adjoining those in which the property of the applicant lies, notice to be served by the sheriff of the county in which the viewers reside; such reviewers shall receive one dollar per day for each day employed in such view, or in going to and from the place of such view.

Viewers to

assess dama

ges.

SECTION 11. Whenever any ten or more miles of said road When profits shall be finished, and profits realized from the use thereof, may be divi. the directors may divide such profits among the stockhold- vided. ers, in proportion to the amount by them respectively paid:

Proviso.

Power to bor

Provided, That no stockholder shall be entitled to any dividend for any money paid within six months of the time of such distribution.

SECTION 12. The company shall have power to borrow row money. money to pay its debts, and construct and stock the road, and pledge the fee simple of all their property, rights and privileges, for the security and re-payment thereof.

Relative to charter.

SECTION 13. When this act shall have been assented to by both the companies, in the manner above specified, the charter of the Wrightsville and Gettysburg Railroad company shall become void, except so far as to prosecute any claims due to it, or settle any legal controversy in which it may be engaged.

SECTION 14. That Benjamin A. Bidlack, Edward L. Taylor, I. Y. Jeanes, George Warder, John R. Dean, John Parker, Henry Colt and Isaac Barton, and their associates, successors and assigns, be, and they are hereby constituted a body politic and corporate, by the name, style and title of "Mountain the Mountain Coal company, Coal Compa" with a capital of two hundred and fifty thousand dollars, and the said company may ny" incorpo rated. hold not exceeding two thousand acres of land, which shall lie within the counties of Luzerne and Northampton, and shall have power to construct a railroad, or railroads, with one or more tracks, from such points on their lands to any convenient point or points of intersection with the Beaver Meadow, Hazleton, or Buck Mountain Railroads, or the Lehigh Canal, and the company hereby incorporated, shall have the same powers and immunities, and be subject to the same terms and conditions that are provided in the act to incorporate the Hazleton Coal company, and the supplement thereunto: Provided, That an annual return to the Auditor General of the amount of dividends be made, under oath of the president or secretary, and that eight per cent. of said amount, when the same shall exceed six per cent., shall be paid into the State Treasury.

Proviso.

Tax on divi dends.

LEWIS DEWART,

Speaker of the House of Representatives.
THOMAS S. CUNNINGHAM,"

Speaker of the Senate.

APPROVED-The twenty-eighth day of February, Anno Domini, one thousand eight hundred and thirty-seven."

*

JOS: RITNER.

No. 24.

An Act

Supplementary to an act entitled "An act to incorporate the City of Pittsburg.

Northern

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 borough of the Northern Liberties of Pittsburg, as incorporated by the act of the twenty-third of Liberties of April, eighteen hundred and twenty-nine, be, and is hereby Pittsburg in added to and incorporated with the city of Pittsburg, as if corporated. the same had been originally organized and incorporated with the said city, and that the inhabitants of said borough, shall have all the rights and privileges of citizens of Pittsburg.

Names of the wards.

SECTION 2. That the several wards of said city shall be named and known as follows, viz: The west ward shall be called the first ward, the south ward the second ward, the east ward the third ward, the north ward the fourth ward, and the district of the said Northern Liberties the fifth ward, until the same shall be altered under the authority vested in the councils of said city, and the mayor is hereby authorized to issue his proclamation, giving twenty days Election in notice of the time and place of holding an election in and for the fifth ward said fifth ward, for three members of the select council, and for council five members of the common council of said city, and the men. said election shall be held under the superintendence of an alderman, to be appointed by said mayor, and shall be other. wise conducted in all respects as other city elections for Select counsaid offices; and the select council shall divide the numbers cil to divide thus elected, by lot, into classes, as provided for by the act the numbers incorporating said city, passed March eighteenth, eighteen into classes. hundred and sixteen.

Justices now resident to be aldermen.

Proviso.

SECTION 3. That the justices of the peace now resident in the said borough, shall be hereafter known and authorized as aldermen of the city of Pittsburg, and upon the death, removal or disqualification of any one of the said officers, the Governor shall appoint an alderman, duly qualified, to fill such vacancy: Provided, That no more than three persons shall thereafter be appointed to act as aldermen in said district. SECTION 4. The boundary lines of the city district of the city of Pittsburg, as laid down in the third section of an act of the general assembly of this commonwealth, passed the 16th day of June, Anno Domini, eighteen hundred and thirty-six, tended. and entitled "An act to authorize suit to be brought upon the

Boundaries of the city ex

sions.

official bond of William B. Mitchell, late superintendent," be, and the same are hereby extended as follows, that is so say: beginning at the south east corner of said city, in the Monongahela river, thence running by the middle of said river to a point opposite the mouth of four mile run, thence by a straight line to the mouth of said run, thence along the valley of said run to its source, near the Farmer's and Mechanics' road, thence by a straight line to the source of that branch of the two mile run which heads near to and eastwardly of the brick house of Aikens, thence by the valley of said run, in as straight a line as possible, to the Pittsburg and Greensburg turnpike road, thence by the line of the borough of Lawrenceville, to the middle of the Allegheny river, and thence by the middle of said river to the north east corner of the present city line.

SECTION 5. The court of Quarter Sessions of the county of Allegheny, be, and they are hereby authorized and required, at any time before the first day of June next, to order and Three Com-appoint three discreet and disinterested citizens as commismissioners to sioners for the said city district, who shall take and subbe appointed scribe an oath or affirmation, before one of the judges of the by court of said court, or any alderman of the said city, well and faithQuarter Ses fully to perform the duties required by this act, to the best of their abilities, without favor or partiality, and said commissioners shall have all the powers conferred upon the commissioners designated in said last mentioned act; and in case of the death, resignation, or inability to act of any of the commissioners appointed as aforesaid, before the intended purpose of this act shall have been fulfilled, it shall be lawful for the said court to appoint another or other persons to supply his or their places, who, being qualified as aforesaid, shall have the same power as the commissioners appointed in the first instance by the said court.

Their powers and duty.

SECTION 6. That the provisions of the fifth, sixth, seventh, Certain sections of for-eighth, ninth, tenth, eleventh, twelfth and thirteenth sections mer act made of said last mentioned act, be, and the same are hereby expart of this. tended to and made a part of this act, and to have the same

Repealing clause.

operation and effect as if more fully recited.

SECTION 7. That so much of said act, and no more, as is hereby altered, be, and the same is hereby repealed.

LEWIS DEWART,

Speaker of the House of Representatives.
THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The first day of March, Anno Domini, one

thousand eight hundred and thirty-seven.

JOS: RITNER.

7

No. 25.

An Act

To provide for repairs and other expenses of the State Canal and Railroads.

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 following sums be, and the same are hereby appropriated to the purposes hereinafter mentioned, to wit: For the repairs of canals and railroads two hundred and eighty thousand dollars; for the cost of twenty locomo tive engines and tenders, which have been contracted for by the present board of Canal Commissioners, under the authority of a resolution of the sixteenth June, eighteen hundred and thirty-six, one hundred and forty-nine thousand five. hundred dollars; enlarging the Parksburg shop three thousand dollars, mechanical implements five thousand dollars, and ropes for inclined planes on Columbia Railroad seven thousand dollars; for new work on finished lines, pay of Canal Commissioners and Appraisers, twenty-five thousand dollars; for payment of damages twenty thousand dollars; for building a new tow path and traveling bridge across the Susquehanna, at Duncan's Island, sixty thousand dollars; to restore a deficiency in the motive fund six thousand four hundred and seventy-six dollars; for ropes on the Portage Railroad twenty thousand dollars, which said several sums shall be paid from any money in the treasury not otherwise appropriated.

LEWIS DEWART,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED -The second day of March, Anno Domini, one

thousand eight hundred and thirty-seven.

JOS: RITNER.