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be left in the particular charge or custody of any person, it Any disintershall be the duty of any disinterested justice of the peace ested justice or alderman of the neighborhood to take possession thereof, may take wheresoever found, and the like proceedings shall be had possession. upon the suits and judgments contained in the said docket, in these last mentioned cases, as is herein before provided for when the docket is delivered by the proper justice of the peace or alderman, as before directed.

SECT. 2. And be it further enacted by the authority aforesaid, That in case of the temporary absence of any Temporary justice of the peace from his district, it shall be lawful for absence of him, previous to his departure, to deposit his docket, and all justices propapers connected with any judgment rendered by him, with vided for. the nearest justice of the peace in the district, who shall be and hereby is authorized to issue execution or executions on said judgments in the same form and effect as if such judg ment or judgments had been rendered originally by the said nearest Justice.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

JESSE R. BURDEN,

Speaker of the Senate.

APPROVED-The twentieth day of February, Anno Domini, eighteen hundred and thirty-three.

GEO. WOLF.

No. 29.

A FURTHER SUPPLEMENT

To an act entitled "An act to incorporate the district of Spring Garden."

SECT. 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 commissioners of the district of Expense of Spring Garden shall have full power and authority in assess- laying coning the expense for laying pipes of conduit, to make an al- duit pipes. lowance on all corner lots of one third of the length of their Certain alfronts, making the allowance always and only on the street, certain corroad, lane or alley upon which said lot shall have the longest ner lots.

lowances for

front, but in case both fronts shall be of equal dimensions, then the allowance shall be made on the street in which the pipes shall be last laid, but in no case shall the allowance exceed fifty feet on any one corner lot. and the expense for pipes so allowed shall be provided and paid for in the same manner as fire plugs and pipes laid in the intersections are now Proviso. paid for: Provided always, that when a corner lot shall Where a cor- have erected upon it two or more separate tenements there shall only be an allowance made equal to one third of the separate tene- depth of the corner tenement, and the yard attached therete, and the residue shall be assessed with an equal proportion of the charge for laying the pipes with other property on the said street, road, lane or alley.

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SECT. 2. And be it further enacted by the authority aforeStreets, &c. said, That on application of the owners of property, agreemay be Mac- bly to the provisions of an ordinance of the said district of Spring Garden, passed the fourth day of June, Anno Dounder certain mini, eighteen hundred and twenty-seven, the said board of commissioners shall have full power to MacAdamize any road, street, lane or alley within the said district: Provided, A majority of the whole number of the owners of a majority of property fronting thereon, shall, in their application to the of property said commissioners request the same, the expenses thereof holders. to be charged and recovered as in case of public paving. SECT. 3. And be it further enacted by the authority Alteration of aforesaid, That the acting surveyors of the said district streets, &c. in of Spring Garden be and they are hereby authorized to certain divi- revise the plans of the second, third, fourth, fifth, sixth sions render. and seventh divisions of the said district, and make such ed necessary by rail-roads, alterations in the width of the footways, and in the graduation of the streets as may have become necessary in consequence of the construction of the Pennsylvania rail-road, Philadelphia, Germantown and Norristown rail-road, and other improvements in the district, which alterations, when approved by the commissioners of the district, and confirmed by the court of Quarter Sessions of Philadelphia county, shall be and remain unalterable.

&c.

SECT. 4. And be it further enacted by the authority aforesaid, That the damages accruing to the owners of Damages on Broad street property from the opening of Broad street from Callowhill from Callow street to the Ridge road of the same width as it now is from hill to Ridge Vine to Callowhill streets, shall be assessed and paid in like road, how as manner as is provided by the laws of this commonwealth regulating the opening of other streets within the district of Spring Garden. SAM'L. ANDERSON, Speaker of the House of Representatives,

sessed and

paid.

JESSE R. BURDEN,

Speaker of the Senate.

APPROVED-The twenty-fifth day of February, A. D. one thousand eight hundred and thirty-three. GEO. WOLF.

No. 30.

AN ACT

Relative to the Western and Eastern state penitentiaries, and to the Philadelphia county prisons.

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 inspectors of the Western Penitentiary be Inspectors of and they are hereby authorized to cause to be taken down all Western pen. itentiary to the cells within the outer walls of the said penitentiary, and construct 184 cause to be erected in lieu thereof, upon a plan most approved cells upon by them, one hundred and eighty four cells, adapted to sepa- new princi. rate or solitary confinement, with labor, as now practised in ple. the Eastern Penitentiary.

SECT. 2. And be it further enacted by the authority aforesaid, That the sum of sixty thousand dollars be and the Appropriasame is hereby appropriated to effect the alterations author- tions, ized by the first section of this act, and the further sum of $60,000 for Western and one hundred and thirty thousand dollars, be and is hereby $130.000 to appropriated for the completion of the Eastern Penitentiary, complete the said sums of sixty thousand, and one hundred and thirty Eastern peni. thousand dollars, to be paid by warrants drawn by the Governor in favor of said inspectors respectively: Provided, Proviso. That the Governor shall have full power to draw warrants to be paid at for said money in such instalments only as in his opinion the progress of the work requires: And provided also, That the Governor. said inspectors furnish a detailed statement of their accounts 2d proviso. to the accountant department, half yearly, to be settled and Semi-annual adjusted in the usual manner, and the wardens of said peni- statement of tentiaries shall be authorized to administer an oath or affirmation where it may be necessary in the performance of their duties respectively.

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SECT. 3. And be it further enacted by the authority aforesaid, That if on the annual settlement of the accounts When profits of the Eastern and Western penitentiaries it shall be found of manufac that the nett profits on the articles manufactured and the tures equal Jabor performed shall be equal to the full amount of expen- expenditures, ditures of said establishments, that the inspectors shall be free from not make any charge to the counties from whence the prison- charge for ers are sent, and that whenever the whole number of con- convicts, &c. victs from any one county earn as much as the amount of expenses of said prisoners that the said counties shall not be chargeable for the deficiency of any one individual pris

oner.

SECT. 4. And be it further enacted by the authority afort Penit'y. accts said, That so much of the seventh section of an act entitled heretofore au- "A supplement to an act entitled An act to reform the penal dited by c'ty. laws of this commonwealth," passed the twenty-third of auditors to be April, one thousand eight hundred and twenty-nine, as adjusted an- directs that the accounts of the Western and Eastern peninually by ac- tentiaries shall be audited by the auditors of the county of fice of state Allegheny and the county of Philadelphia, be and the same is hereby repealed, and that the inspectors of said penitentiaries, shall, on or before the first Monday in February in every year, transmit to the accountant department a detailed statement of their accounts, to be settled and adjusted in the usual manner.

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of 1829 and 1830 repeal'd.

SECT. 5. And be it further enacted by the authority aforesaid, That so much of the third section of an act passed Certain por- the twenty-third of April, eighteen hundred and twenty. nine, entitled A supplement to an act entitled An act to reform the penal laws of this commonwealth, as relates to the grand juries of the counties of Allegheny and Philadel phia, so much of the eighth section of said act as relates to the time of making the annual report, and so much of the ninth section of said act as relates to the maintenance of the convicts, and the third section of an act passed the third of April eighteen hundred and thirty, entitled "An act providing the means of employing the convicts in the Eastern and Western penitentiaries," be and the same are hereby repealed.

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SECT. 6. And be it further enacted by the authority afore Comm'rs. un- said, That the commissioners appointed pursuant to the act der the act of entitled "An act to provide for the erection of a new prison 30th March, and debtors apartment within the city and county of Phila1831, author-delphia, and for the sale of the county prison in Walnut street in said city," passed the thirtieth of March, one thoutional sum of sand eight hundred and thirty one, and their successors in $70,000. office, be and they are hereby authorized to borrow from any person or persons, bodies politic or corporate, a further sum of seventy thousand dollars beyond the sum of one hundred and fifty thousand, which the said commissioners are already authorized to borrow, pursuant to the act of the thirtieth of March eighteen hundred and thirty-one, so that the sum or sums of money shall not altogether exceed the sum of two hundred and twenty-thousand dollars, at such times as they may think proper and necessary, to defray the expenses of finishing the aforesaid prisons; and it shall be the duty of Certificates of the said commissioners to issue a certificate or certificates stock, rate of under their hands to the lenders, in sums not less than one interest, &c. hundred dollars, for the payment of the sum or sums lent, with interest, not exceeding five per centum per annum, payable half yearly, which said certificate or certificates shall be entered in a book kept for that purpose, and shall

be severally transferable by the lender or lenders or his, her, or their legal attorney, attornies, executors, administrators or assigns, by endorsement thereof at the office of the commissioners, and in the presence of one of them, or such officer as they may appoint for that purpose.

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SECT. 7. And be it further enacted by the authority aforesaid, That for the security of the persons who Certain may become holders of the loans hereby authorized, that "the perty pledged jail and penitentiary house in Philadelphia, commonly called to loan hol the Walnut street prison and the Prune street apartment, and the lots of ground bounded by Walnut, Sixth and Prune streets, in the said city," shall be and the same are hereby specifically pledged as a security for the payment of all loan or loans authorized by this act; that the said commissioners and their successors in office, or a majority of them, be and they are hereby authorized to make sale of all that lot and ized to sell piece of ground whereon the prison and debtors apartment Arch street are erected, commonly called "the Arch street prison;" prison. bounded on the north by Arch street, on the east by Broad street, and on the south by land now belonging to Joshua Percival and wife, and formerly of Anthony Cuthbert, deceased, and on the west by Schuylkill Eighth street, in the city of Philadelphia aforesaid, together with all the rights, privileges and appurtenances thereunto belonging, altogether or in such parts or parcels, at such time or times, and upon such terms and conditions as they, the said commissioners, or a majority of them may determine, to make and execute a good and sufficient deed or deeds, conveying of fee simple to the purchaser or purchasers, and appropriate the proceeds thereof to the payment and liquidation of the said sum of two hundred and twenty thousand dollars, or so much as shall be borrowed: Provided always nevertheless, That the Proviso. said prison, commonly called the Arch street prison,' shall remain until all the prisoners confined therein shall be by law removed therefrom.

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SECT. 8. And be it further enacted by the authority aforesaid, That it shall be the duty of the commissioners of the County comcounty of Philadelphia to provide from time to time and pay missioners over to the commissioners aforesaid, and their successors in of Phila. to office, sufficient sums of money to pay the interest on all pay interest on Moyamenloans which have already or which may hereafter be made by sing prison them for the finishing the building of the prison in the town-loans. ship of Moyamensing in the county of Philadelphia aforesaid, which may become due half yearly on said loans, and thus for that purpose they are hereby authorized and required to raise money in any mode or manner in which money for the ordinary purposes and expenses of the said county may by law be raised and obtained.

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