Of the oaths of toll collec

tors and watchmen.

Company allowed to

sage, &c.

exceeding one per cent. on the capital stock, as they may think proper to form a contingent fund, for the purpose of repairing and rebuilding said bridge, in case of decay or injury, and the same to invest on such security on in such stock as they shall deem safe and productive, and the interest arising from the same, again to invest and the same stock to sell or transfer at any time when the funds may be required for the purposes aforesaid.

SECT. 34. And be it further enacted by the authority aforesaid, That it shall be lawful for the president and managers aforesaid, to cause the toll collector or collectors and watchman or watchmen of said bridge, to take and subscribe an oath or affirmation before a justice of the peace of said county, that he or they will faithfully conduct themselves in his or their respective stations, and honestly account to the treasurer of the company, for all the money collected by him or them, and diligently attend to the discharge of his or their duty, by watching with vigilance over the interests of the company and safety of the bridge, and generally to execute with care and fidelity whatever lawful engagement he or they may enter into with the president and managers of said bridge.

SECT 35. And be it further enacted by the authority aforesame. That if any person or persons shall wilfully pull down, break, injure or destroy any part or parts of said bridge, or of any toll house, gates, bars or other property of the said correcover penalties for wilful poration, appurtenant to or erected for the use and conveinjury to pro- nience of said bridge, or of the person employed in attending perty, ob. to the same, or shail wilfully, without the consent or orders sructing pas of said corporation, deface or destroy any list of the rates of toll affixed in any place or places for the information of passengers and others, or who shall wilfully or maliciously obstruct or impede the passage on or over the said bridge or any part or parts thereof, he, she or they so offending shall each of them forfeit and pay, for every such offence, to said corporation the sum of fifty dollars, to be recovered before any justice of the peace as debts of a like amount are recoverable; and if any person shall be guilty of carrying a lighted segar or pipe, or of carrying fire in any manner whatever over said bridge, except in a lantern or in some vessel secured so that the possibility of its setting fire to the bridge shall be fully prevented, or who shall fire any squib, cracker, rocket or other fireworks, or who shall discharge any gun, pistol or other fire arms on or near said bridge, so that the said bridge might by possibility be fired or injured thereby, he or they so offending shall forfeit and pay to the said corporation the sum of five dollars for every such offence, to be recovered as aforesaid; but no suit shall be brought for any of the aforesaid offences, unless commenced within thirty days after such offence shall have been committed; and

Carrying fire,

&c.

Suits must commence within 30 days.

1

he or they so offending shall remain liable to actions at the Of the liabili suit of the said corporation for such wrongs, if the said sum ty to actions or sums herein mentioned be not sufficient to repair and for damages. satisfy said damages.

SEOT. 36. And be it further enacted by the authority afore

said, That if the said company shall not proceed to carry on Two years the said work within two years after they shall have been allowed to incorporated, or shall not within the space of five years commence thereafter complete the said bridge, it shall and may be law. and five to ful for the Legislature of this Commonwealth to resume all and singular the rights, liberties and privileges hereby granted to the said company..

complete

bridge.

SECT. 37. And be it further enacted by the authority aforesaid, That the capital stock of the said company shall not Amount of exceed in amount fifty thousand dollars; and it is hereby capital stock. provided that nothing contained in this act shall be considered as in any way giving to the said corporation any banking, manufacturing or trading privileges whatsoever, or any other Banking liberties, privileges or franchises but such as may be neces. operations sary or incident to the building of the said bridge.

forbidden.

SECT. 38. And be it further enacted by the authority aforesaid, That so much of the twenty-fourth article of the third Columbia section of the act entitled "A supplement to an act entitled bridge co. An act to authorize the Governor of this Commonwealth to Lancaster co.

claration of

incorporate a company for the purpose of making and erecting Provision of a bridge over the river Susquehanna, in the county of Lan- former law caster, at or near the town of Columbia," passed the twenty- requiring deninth day of March, one thousand eight hundred and twenty- dividends four, as directs that if no dividend shall have been declared repealed: during the preceding year, ending with the said first Monday in every year, by said company, the charter of said corporation so neglecting to pay or declare dividends shall from thenceforth be absolutely null and void, be and the same is hereby repealed; and nothing therein contained shall operate to affect the validity of the charter of said corporation by reason of no dividends having been declared for the past year; and the act of the directors in not declaring a dividend is hereby approved of and confirmed, and the char. Directors ter of the said company and all acts of Assembly relating tion past year thereto, are declared to be as valid, effectual and operative as if dividends had been declared as heretofore.

non-declara.

approved.

SECT. 39. And be it further enacted by the authority aforesaid, That the Columbia bridge company, by their corporate Bridge co. hame and title, is hereby authorized, should the board of authorized to directors deem it necessary, to borrow upon the faith and borrow $50,000. credit of the corporation, a sum of money not to exceed fifty thousand dollars, to be appropriated to the payment of the expenses incurred by the company in the erection of the bridge now building.

434

Luzerne co.

Certain road taxes appro priated to repair of

certain roads.

Court to appoint com'rs. to lay out money.

der oath.

SECT. 40. And be it further enacted by the authority afore said, That from and after the passage of this act, all the road taxes arising on unseated lands in the townships of Sugarloof and Newport, in the county aforesaid, shall be set apart and appropriated by the commissioners of said county, for the term of four years, one half thereof for the improvement of the state road from Wilkesbarre to Harrisburg, by the way of Solomon's gap and Jonestown within the limits of Luzerne county, and one half thereof to the improvement of the road from Wilkesbarre to Lowery Town, within the limits of said county.

SECT. 41. And be it further enacted by the authority aforesaid, That on application to the court of Quarter Sessions of Luzerne county, by the persons residing on said road, for that purpose, in writing, the said court shall appoint two judicious persons residing in county, whose duty it shall be to receive the taxes, hereby appropriated, from the county treasurer of said county, and in a reasonable time, to proceed to lay out the same, in the best and most proper manner, in opening and improving said roads; and on the Comm'rs to first day of January in each and every year, or within ten render annual days thereafter, they shall render a correct account under account un oath or affirmation, of all the moneys received by them in pursuance of this act, as also of all the moneys expended by them during the preceding year, agreeably to the provisions hereof, to the commissioners of said county, who are hereby authorized and directed to settle and adjust the same: Provided, That the persons appointed as aforesaid shall, before To give bond they enter upon the duties of their appointment, give bond to with sureties, the commissioners of the proper county, with sufficient sureties, to be approved of by the court of Quarter Sessions of the peace of said county, and filed by the clerk of said court, for the performance of their duties and faithful application of the moneys which shall come into their hands in performance of this act: And provided also, That the said court shall have power, as often as they may deem it expedient for the public good, to remove the persons so appointed, or any of them, and appoint others in their stead, and the persons appointed as aforesaid, shall receive for each and every day necessarily spent by them in the discharge of the duties of their appointment, the sum of one dollar, to be settled and allowed by the commissioners on settlement of their accounts.

Proviso.

2d proviso. Comm'rs, lia

bility to removal; their compensation, &c.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The ninth day of April, Anno Domini, eighteen

hundred and thirty-three.

GEO. WOLF.

No. 167,

AN ACT

To erect the town of Dillsburg, in York county, and the village of M'Veytown, in Mifflin county, into boroughs, and supplements to the acts erecting York and Harrisburg into boroughs.

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 the town of Dillsburg, in the county of York, Dillsburg, shall be, and the same is hereby erected into a borough, York co. which shall be called the borough of Dillsburg, and shall be bounded and limited as follows, to wit: beginning at a post adjoining lands of Frederick Eichelberger, a line bearing north eighty-six and a quarter degrees, west one hundred and four perches, to a post; thence south twelve degrees, east one Borough hundred and ninety-two perches, through the land of Andrew boundarion. Mumper and Peter Lightner, to a white oak; thence north sixty-eight and a half degrees, east sixty-five perches, through lands of P. Leitner and McMullen's heirs, to a white oak; thence north one and a quarter degrees, east one hundred and fifty-seven perches, land of Jacob Sawyer and John Mumper, to the place of beginning.

SECT. 2 And beit further enacted by the authority aforesaid,

That the inhabitants of the said borough entitled to vote for Elections of the members of the General Assembly, having resided within borough offithe said borough, at least six months immediately preceding cera the election, and within that time paid a borough tax, (if such tax shall have been assessed,) shall have power on the second Friday of May next, to meet at the house of Daniel Ahl, innkeeper in said borough, and annually thereafter, at Directions a such convenient place in the said borough, as shall have been to the manner fixed on by the by-laws of the corporation for that purpose, and of conducting then and there, between the hours of one and six of the after- elections. noon, elect by ballot one respectable citizen residing therein, who shall be styled the chief burgess; one other citizen, who shall be styled the assistant burgess; and five citizens to be a town council, and shall elect as aforesaid, one citizen as a high constable, all of whom shall be residents of said borough; but previous to the opening of said election, such of the inhabitants as are present at said place of election, shall elect two citizens as judges, one inspector, and two clerks of the said election, which shall be regulated and conducted throughout, according to the general election laws of this Commonwealth, and who shall be subject to the same penalties as for mal-practices, as by the said laws are imposed; and

Vacancies from any cause provi. ded for.

Proviso.

Privileges

the said judges, inspectors, and clerks, before they enter on the duties of their respective offices, shall take an oath or af firmation before any justice of the peace of the said county, to perform the same with fidelity, and after the said election shall be closed, shall declare the persons having the greatest number of votes to be duly elected, and in case any two or more candidates should have an equal number of votes, the preference shall be determined by lot to be drawn by the two judges, in the presence of the inspector and clerks, whereupon duplicate certificates of said election, shall be signed by the said judges, one of which shall be transmitted to the person elected chief burgess, and the other filed among the records of the corporation, and it shall be the duty of the high constable for the preceding year, to give notice in writing to each of the persons so elected as aforesaid, and in case of the death, resignation, removal, or refusal to accept of any of the said officers; or if it should at any time happen that no election should be holden on the day and in the manner aforesaid, the corporation shall not on that account be dissolved, but the chief burgess, or in his absence or inability to act, the assistant burgess shall issue his precept, directed to the high constable, to hold an election in the manner aforesaid, to supply such vacancy, giving at least eight days notice, by six advertisements set up in the most public places in said borough: Provided, That the citizens of said borough shall be entitled to vote at the first election, although they shall have paid no borough tax.

SECT. 3. And be it further enacted by the authority afore said, That from and after the second Friday in May next, the chief burgess, assistant burgess and town council duly elected as aforesaid, and their successors shall be one body Style of politic and corporate, by the name and style of the corporation. chief burgess, assistant burgess and town council of the borough of Dillsburg, and shall have perpetual succession, and the said chief burgess and town council and their successors shall be capable in law, to have, get, receive, hold and pos sess goods and chattels, lands and tenements, in fee simpleor otherwise, not exceeding the yearly value of three thousand dollars, and also, to grant, sell, let and assign the same goods and chattels, lands and tenements, and by the name and style aforesaid, they shall be capable in law to sue and be sued, and be impleaded in any of the courts of law of this commonwealth, in all manner of actions whatsoever, and to have and to use one common seal, and the same from time to time, at their will to change and alter, until it be otherwise directed by law.

and liabilities

Scal, &c.

Penalty on

refusal of offi

cers elect to serve.

SECT. 4. And be it further enacted by the authority aforesaid, That if any person duly elected chief burgess, assistant burgess, member of the town council or high constable as aforesaid, and having received due notice thereof, as di