98 No. 59. A FURTHER SUPPLEMENT To "An act authorizing the Governor to incorporate the Schuylkill Valley 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 said company are authorized to increase the Increase of rate of toll on the articles of coal and lumber, on their rail road, so that the same shall not exceed two and a half cents per ton per mile. toll on coel and lumber. Portions of former acts repealed. Time for SECT. 2. And be it further enacted by the authority aforesaid, That only so much of the act of the twentieth of March, one thousand eight hundred and twenty-seven, and of the several supplements thereafter passed, as is inconsistent with the true intent, meaning and object of this act, is hereby repealed. SECT. 3. And be it further enacted by the authority aforesaid, That the time for commencing the canal or lock navigation between the rivers Delaware and Schuylkill, through the southern section of the county of Philadelphia, as is deCommencing signated in the first section of the act of the sixth of April, Philadelphia canal, from eighteen hundred and thirty, entitled "An act to enable the Governor of this commonwealth to incorporate a company Schuylkill, for opening a canal or lock navigation between the rivers extended, and Delaware and Schuylkill, through the southern section of re-opening of the county of Philadelphia," be and the same is hereby exbooks autho- tended for five years from the passage of this act; and the Delaware to rized. commissioners are hereby authorized, if the same be necessary, to re-open the subscription books to said stock, so as to obtain the subscription requisite to obtain the charter of incorporation from the Governor. SAM'L. ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. APPROVED-The twenty-fifth day of March, Anno Domini eighteen hundred and thirty-three. GEO. WOLF. No. 60. AN ACT To facilitate appeals by guardians, from the judgments of justices of the peace, and from awards of arbitrators, and for other purposes. 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 from and after the passage of this act, in all Guardians cases where the guardian of any minor is or shall be a party may appeal from judgto a suit, either before a justice of the peace or in the Com- ments, &c. mon Pleas, such guardian shall be allowed to appeal from without the judgment of said justice, and from the award of arbi- giving surety trators, without making the usual affidavit, and without &c. giving surety or paying costs. SEOT. 2. And be it further enacted by the authority aforesaid, That from and after the passage of this act, whenever Party autho rized to enter an appeal is entered to the Supreme Court, or a certiorari is into recognisued out to remove the proceedings of a justice or alderman zance perto the Common Pleas or Quarter Sessions, the party, his sonally or by agent or attorney, may make and enter into the required agent. affidavit and recognizance. Definition of "waste," un SECT. 3. And be it further enacted by the authority aforesaid, That quarrying and mining, and all such other acts as will do lasting injury to the premises, shall be considered as waste, under the provisions of the second section of the act der 2d section entitled, “A supplement to the act entitled, An act to of act of 2d enable the justices of the Supreme Court to hold circuit April, 1803. courts within this commonwealth," passed the second day of April, one thousand, eight hundred and three: Provided, Proviso. That no writ of estrepement shall be issued to prevent waste or injury by the working of quarries or mines, which were opened previous to the institution of the suit for recovering Of quarries, possession thereof, until the term next succeeding that to &c. opened which the writ of ejectment was returnable, or until the prior to instiplaintiff shall have filed, in the office of the prothonotary of the proper court, an affidavit that the title, or right of pessession to the premises, or some part thereof, is vested in him, and until the attorney for the plaintiff shall have certified his opinion, that the title or right of possession is vested in the plaintiff as aforesaid: And provided further, 2d proviso. That the court in which the action is pending shall have authority to dissolve the writ of estrepement, on the defendant giving security to indemnify the plaintiff against any damage or loss by the further working of the quarries or tution of suits mines, or on such other terms and conditions as the court may consider equitable and just. SAM'L. ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. APPROVED-The twenty-seventh day of March, A. D. one thousand eight hundred and thirty-three. GEO. WOLF. Appropria tions to con. No. 61. A SUPPLEMENT To an act entitled "An act to continue the improvements of the state by rail roads and canals," passed February the sixteenth, one thousand eight hundred and thirty-three. 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 sum of five hundred and thirty thousand dollars be, and hereby is appropriated to the several specific struction of purposes hereinafter named, to wit: To the payment of feeders, tow the expenses of constructing feeders with their dams, towing ing paths,&c. paths and guard locks; the erection of weigh locks, and hou$100,000. ses for weigh masters; the purchase of lots, and building lock houses; the construction of water ways around locks, waste weirs, waste gates, stop gates, bridges, fences, and other necessary works on old lines of canal, one hundred thousand dollars:-to the payment of claims for damages against the commonwealth, arising out of the construction of canals and rail roads, one hundred thousand dollars:-to the payment of the expenses of repairs on canals and rail roads, three hundred thousand dollars:-to the payment of the expense of constructing the works on the river Susquehanna, as hereinafter authorized in the second section of this supplement, thirty thousand dollars. Claims for Expenses of Susquehanna dams, $30,000 SECT. 2. And be it further enacted by the authority aforeConstruction said, That the canal commissioners be, and are hereby of towing authorized and required to cause to be constructed a towing path on the feeder dam at path to the head of the slack water on the feeder dam at New New Castle Castle; and such locks, sluices, or other devices, at or near authorized. the Nanticoke, Muncy, and Shamokin dams, as will render the descending trade of the river Susquehanna entirely se: Improvement cure; and that until such improvements are completed, all of the Susquearks or rafts be permitted, and the canal commissioners are hanna dams. authorized and required to direct such permission, (whenever the person owning or conveying such craft may consider the passage of such dam or dams unsafe,) to avoid the said dams by entering into, and passing along the Pennsylvania canal, free of all charge of toll, to the next outlet. line of canal, with Bald SECT. 3. And be it further enacted by the authority afore- Connexion of said, That in forming the connexion of the Lycoming line of Lycoming the Pennsylvania canal, with the Bald Eagle creek, as authorized by law, the canal commissioners, may effect a connexion Eagle creek. above the Great Island, if, in their judgment, it will combine utility with economy: Provided, That said alteration shall Proviso. not cost more than the estimated amount of making the con- Cost of alteranexion with the mouth of Bald Eagle creek, as provided for tion. by existing laws: And provided further, That said alteration 2d proviso. shall not be effected by raising the dam to a greater height Heighth of than six feet above low water mark. dam. borrow $530,000. SECT. 4. And be it further enacted by the authority aforesaid, That the Governor of this Commonwealth be, and Governor auhe is hereby authorized to borrow, on the credit of the Com- thorized to monwealth, the sum of five hundred and thirty thousand dol Jars, payable in instalments, in such manner as he may designate in proposals for said loan; which sum shall be paid to, and vest in, the commissioners of the internal improvement fund, to be applied to the purposes mentioned in the first section of this act: Provided, That no engagement or contract Proviso. shall be entered into, which shall preclude the commonwealth For 25 years. from reimbursing the said loan at any time after the expiration of twenty-five years from the first day of July next: And provided further, That no rate of interest beyond five 2d proviso. per cent. per annum shall be allowed or paid for said Rate of in Joan. terest. temporary SECT. 5. And be it further enacted by the authority afore- Governor said, That the Governor be, and he is hereby authorized to authorized to negociate a temporary loan, not exceeding one hundred thou- negotiate a sand dollars, at an interest not exceeding five per cent. per loan of annum, with any bank, corporation, individual or individuals, g100,000, to as in his opinion may be most advantageous; the moneys so be repaid borrowed to be applied to repairs on the Pennsylvania canals, within six and to be repaid to the lender or lenders out of the permanent months from loan, authorized by the fourth section of this act, within six proceeds of months after the passage of this act. permanent loan. Order of pay SECT. 6. And be it further enacted by the authority aforesaid, That the sum appropriated to the payment of damages by the first section of this act, is to be paid as speedily as possible, in the order as to time in which the said claims for damages may have been awarded, assessed and confirmed; for damages. ment of sum appropriated and afterward to such as may hereafter be awarded, assessed and confirmed, and may be agreed upon as due by prior acts. SAM'L. ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. APPROVED-The twenty-seventh day of March, A. D. one thousand eight hundred and thirty-three. GEO. WOLF. No. 62. AN ACT To incorporate the Merchants' and Manufacturers' Bank of Pittsburg SECT. 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same. That Jacob Forsythe, Michael Tiernan, Samuel Smith, Thomas S. Clarke, Samuel Church, James Adams, Commission. junior, William Stewart, (merchant.) Robert S. Cassat, Joers appointed to carry into siah King, Edward D. Gazzam, Andrew Watson, William effect organi. M. Carlisle, George Miltenberger, William Holmes, George zation of bank. Corporate style. Established agreeably to acts of 1814 and 1824. Ogden, Cornelius Darragh, George A. Cook, William Marks, ver, Thomas Scott, James Kelly, James S. Craft, Samuel Pettigrew, William B. Foster, David Lynch, Charles H. Israel, Humphrey Fullerton, junior, William Eichbaum, and Robert C. M'Farlan, of the county of Allegheny, be, and they are hereby appointed commissioners, who, or a majority of whom, are authorized to carry into effect, as soon as they may deem it expedient, after the passage of this act, the establishment of a bank, to be called and known by the name of "The Merchants' and Manufacturers' bank of Pittsburg," agreeably to an act passed the twenty-first day of March, one thousand eight hundred and fourteen, entitled "An act regulating banks," and an act passed the twenty-fifth of March, one thousand eight hundred and twenty-four, entitled "An act to recharter certain banks," with all and singular the rights and privileges, and subject to all the like regulations, restrictions, penalties, and taxes imposed upon the said banks by the acts referred to, except so far as the said acts are supplied, amended, or altered, by the provisions of |