commence on the first day of January, one thousand eight hundred and thirty-three. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The sixth day of April, A. D. one thousand eight hundred and thirty-three. GEO. WOLF. Preamble. Rel. to the 5th sect. of act of 1st April, 1831. 'No. 83. AN ACT Relative to certain streets, alleys and public landings, in the county of WHEREAS, by an act passed the first day of April, eighteen hundred and thirty-one, entitled "An act relative to certain streets and alleys in the city of Pittsburg, and for other purposes," the damages accruing by the opening of Ferry street, in the city of Pittsburg, from Fourth to Liberty street, have been apportioned upon each of the owners of property benefited thereby, in proportion to the value respectively accruing to each of the lots, or parts of lots owned by them, and the viewers appointed under the said act have filed their appraisement and apportionment in the court of Quarter Sessions for Allegheny county, and the same has been recorded at large upon the docket of said court, binding and concluding all parties owning, or claiming to own the premises affected thereby: And whereas, it has been held that the remedy provided in the fifth section of said act, for enforcing payment, applies exclusively to the provisions immediately antecedent thereto, which relate to Grant street and Cherry alley, by means whereof the legislative provisions, in reference to Ferry street, cannot be carried into effectual execution: Therefore, SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of Remedy un- the same, That the remedy provided in the fifth section of der 5th sect. said act, for enforcing payment of any assessment or charge, made applica- shall be and is hereby expressly declared applicable to the ble to report sums apportioned in the report of the viewers, under the under 2d sec-second section of said act; and the money, when recovered, tion. shall in like manner be paid over to the persons respectively in whose favor damages have been awarded, or their legal representatives. viewers un ses. SECT. 2. And be it further enacted by the authority aforesaid, That the damages assessed and apportioned by the Damages as viewers appointed by the act passed on the seventh day of sessed by April, one thousand eight hundred and thirty-two, entitled der acts of the "An act to authorize the laying out and opening of an ailey, 10th Jan. and to be called Market alley, in the city of Pittsburg on certain 7th April, conditions," and by the act passed the tenth day of January, 1832, if apone thousand eight hundred and thirty two, entitled "An proved to be a lien on premiact to authorize the opening of Exchange alley, in the city of Pittsburg, on certain conditions," to which this is a supplement, upon the lots or parts of lots benefited, shall, if approved by the court of Common Pleas of Allegheny county, as in and by said acts are directed, be a lien upon the premises respectively on which said damages are assessed; and the said court of Common Pleas shall, by a writ or writs of scire facias, in the name of the commonwealth, for the use of the person or persons entitled to receive the said damages, to be proceeded in in the same manner as writs of scire facias on mortgages are usually proceeded in, reco- Proceedings ver the said damages so assessed, together with all costs for recovery. incurred in the recovery of the same; and the said damages, when recovered, shall be paid over to the persons respectively in whose favor damages have been awarded, or their legal representatives. AND WHEREAS, it has been represented to this Legisla Preamble to ture, that an extension of Exchange alley, in the city of 3d section. Pittsburg, from Garrison alley to Wayne street, is much needed by the inhabitants of said city: Therefore, SECT. 3. And be it further enacted by the authority aforesaid, That the court of Common Pleas of Allegheny county, Opening of on petition, shall appoint fifteen or more disinterested free- Exchange holders, who shall meet on at least five days notice; and if alley from any twelve or more attend, they shall view the premises; and Garrison alif any twelve of those attending. being first duly sworn or ley to Wayne street proviaffirmed to perform the duties imposed on them by this act ded for. with fidelity, shall decide that the said alley is necessary for public use, through from Garrison alley to Wayne street, they shall proceed to lay out the same twenty feet wide, and Width. an equal distance, from Liberty and Penn streets, and assess Apportionthe damages done to any lot or lots, (taking into consideration the advantages accruing, as well as the injury done) and damages, &c: shall apportion the damages separately upon the lots or parts of lots benefited, according to a fair estimate of the benefit conferred on each lot, and designating the person or persons to whom such damage is done and payable; and if a sufficient number do not meet to act, or if they cannot agree, the court ment of Upon paym't. of awarded damages alley to be opened. of damages. may at any time appoint others; the said viewers shall make report to the said court, and if approved by the court, said report shall be entered of record, and the said alley shall thenceforth be deemed and taken to be a lawful public alley. SECT. 4. And be it further enacted by the authority aforesaid, That as soon as the costs and the damages so assessed shall be paid unto the persons in whose favor the same shall be awarded, or into said court by any individual or individuals, the prothonotary shall so certify to the court, and the court shall order said alley to be opened. SECT. 5. And be it further enacied by the authority afore Security for said, That the said damages so assessed, shall to all intents and recovery and purposes be a lien against the lot or lots upon which they may respectively be assessed, and if approved by the said court, the said court shall, by a writ or writs of scire facias in the name of the commonwealth, for the use of the person or persons entitled to receive the said damages, to be proceeded in in the same manner as writs of scire facias on mortgages are usually proceeded into, to recover the said damages so assessed, together with all costs incurred in the recovery of the same; and the said damages when recovered, shall be paid over to the persons respectively, in whose favor damages have been awarded, or their legal representatives. SECT. 6. And be it further enacted by the authority aforesaid, That the costs of viewing and assessing damages shall be regulated as the costs of similar proceedings under the laws for laying out roads in this commonwealth. Of the costs ing. Shippen st. 3d to 5th st'ts. to be widened Certain au under act of SECT. 7. And be it further enacted by the authority aforesaid, That the commissioners of the district of Southwark, are hereby authorized to widen Shippen street from Third to Fifth street, to the width of one hundred and twenty feet, the damages to be paid by the county in the usual way. SECT. 8. And be it further enacted by the authority aforesaid, That it shall and may be lawful for either one or more thority to Su- of the parties named in the first section of the act, entitled preme Court An act relative to certain public landings and wharves in 12th April, the Northern Liberties, Philadelphia county, vested in the 1828, relative commissioners of the incorporated district of the Northern to landings, Liberties," passed the twelfth day of April, one thousand eight hundred and twenty-eight, to apply by petition to the Supreme court for the Eastern district of Pennsylvania, for the purpose therein mentioned, and after a citation and reasonable notice from said court, to be served on all of the parties therein named, who shall not join in such petition, it shall be lawful for the said court to proceed in the premises whether such parties or any of them shall appear or not. &c. in N. SECT. 9. And be it further enacted by the authority aforesaid, That the assessed value of real estate, to which regard 4 Triennial as shall be had, as provided in the said act, shall be the trien- sessment nial assessment next previous to the decision which shall be prior to deci had under said act. sion to shew value. SECT. 10. And be it further enacted by the authority aforesaid, That the commissioners of the township of Moyamen- Comm'rs of sing, in the county of Philadelphia, be and they are hereby Moyamenauthorized and invested with full power to borrow upon the sing author. faith of the corporation, the sum of fifteen thousand dollars, row $15,000 to enable them to purchase a lot and erect thereon a town for certain hall for the convenience of said township. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The sixth day of April, A. D. one thousand eight hundred and thirty-three. ized to bor purposes. No. 89. AN ACT Authorizing the re-laying of certain land warrants in Mercer county. SECT. 1. Be it enacted by the Senate and House of Repre- son and John Craig, and the Secretary of the Land Office is Patents on 2d previso. That no new patent shall enure on any of the said warrants Old patents to be returned whereon a patent may have heretofore issued until the same prior to issue is returned to the Secretary of the Land Office. of new ones. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The sixth day of April, A. D. one thousand eight hundred and thirty-three. GEO. WOLF: Preamble. Frankford and Bristol No. 90. AN ACT Supplementary to an act entitled "An act to enable the Governor of this Commonwealth, to incorporate a company for making an artificial road, from the intersection of Front street and the Germantown road, in the Northern Liberties, of the city of Philadelphia, through Frankford and Bristol, to the ferry at Morrisville, on the river Delaware. WHEREAS it has been agreed between the president, managers and company, of the Frankford and Bristol turnpike pike road, and the commissioners and the inhabitants of the Kensington district of the Northern Liberties, that the former shall cede and the latter accept and forever keep in repair, a portion of the said turnpike road: Therefore, SECT. 1. Be it enacted by the Senate and House of Repre sentatives 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 act, the president, managers and company of the Frankford and Bristol turnpike road, shall cede to the commissioners and inhabiturnpike co. tants of the Kensington district, in the Northern Liberties, cede a portion and their successors, all their right, title, interest, privileges of their road and jurisdiction, into and over so much of their said turnto district of pike road as is within the present limits of the said KenKensington. sington district, to be kept open as a public highway and authorized to used, levelled, regulated, repaired and otherwise governed as other streets are in the said district, by the commissioners thereof, without any expense whatever to the said turnpike road company, and so much of said road so ceded to said commissioners shall cease to be the property of or under the jurisdiction of the said turnpike company. |