and third sections of this act shall not apply to the Towanda or Wysauking and Wappansening plank road companies. APPROVED-The seventh day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. Preamble. Care, superinten dence and man agement of the lum for the insane poor, conferred upon the commissioners named in No. 322. A FURTHER SUPPLEMENT To the act relative to the Pennsylvania State lunatic hospital, passed April fourteenth, one thousand eight hundred and forty-five. WHEREAS, By an act passed March four, one thousand eight hundred and forty-one, entitled "An Act to establish an asylum for the insane of this commonwealth," certain persons were appointed and commissioned by the governor to select and purchase a site for said asylum, and to contract and superintend the building thereof: And whereas, In pursuance of said act, a tract of land on the west side of the river Schuylkill, in the county of Philadelphia, was purchased as a site for said asylum, which tract is now the property of the commonwealth, and no person appears to be legally authorized to have the care thereof; therefore, 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 care, superintendence and management of the land purchased as a land purchased as site for an asylum for the insane of this commonwealth, in pursuance a site for an asy- of an act passed March fourth, one thousand eight hundred and fortyone, and the preservation of the property thereunto belonging, is hereby conferred upon the commissioners named in the act of April fourteenth, one thousand eight hundred and forty-five, entitled "An Act to establish an asylum for the insane poor of this commonwealth," and the supCommissioners plement thereto, passed April eleventh, one thousand eight hundred and authorized to sell forty-eight; and the said commissioners are hereby authorized and emand convey. powered to sell at public sale, and convey the said tract and appurtenances to a purchaser or purchasers, whenever in their opinion a sale of the same can be effected on terms advantageous to the interests of the commonwealth; the proceeds of said sale to be paid into the state trea a certain act. Governor author- sury. ized to draw his SECTION 2. The governor is hereby authorized to draw his warrant warrant in favor in favor of the commissioners for the erection of the Pennsylvania State lunatic hospital, for so much of the state appropriation made there- of the commisfor by an act passed April eleventh, eighteen hundred and forty-eight, sioners of Pennas may be required for payment of work actually done, and materials sylvania State furnished for the building within the present year; any provision con- lunatic hospital, tained in said act to the contrary notwithstanding. APPROVED-The seventh day of April, one thousand eight hundred &c. and forty nine. WM. F. JOHNSTON. No. 323. AN ACT For the relief of Bogle, Hall and Bogle, late contractors on the North Branch canal; and relating to the Mutual insurance company of Warren county; and relative to Allegheny cemetery. Auditor general SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly authorized to exmet, and it is hereby enacted by the authority of the same, That amine and adjust the auditor general be and is hereby authorized and required to examine the claim of Boand adjust the claim of Bogle, Hall and Bogle, contractors on section gle, Hall and number sixty-five, Tunkhannock division, North Branch canal, and Bogle, contracmake report thereof to the present or next legislature. tors. SECTION 2. That any three of the corporators of the Warren county Election of offimutual insurance company, may give notice by publication in a newscers of Warren paper in the borough of Warren, that an election for officers of said county mutual company will be held on the first Monday of May next, who shall hold insurance comtheir offices for the term of one year, and until their successors shall pany. have been duly elected. SECTION 3. That the managers of the Allegheny cemetery, in Alle- Allegheny cemegheny county, shall have full power and authority to contract for, buy tery, in Allegheand acquire title in fee simple or otherwise, for a lot or lots of ground ny county, manain the city of Pittsburg, for the purpose of constructing a receiving vault gers authorized for the dead of all denominations; and also connected therewith, a and acquire lot or building for funeral service, if in the judgment of the managers of the lots of ground, said corporation, the same shall be proper and necessary. to contract for &c. SECTION 4. That the said managers shall also have power and authority to contract for, buy and acquire title in fee simple or otherwise, for Further powers. an additional number of acres of ground contiguous to the ground at present enclosed by the cemetery, not exceeding one hundred acres, subject to the restrictions and immunities in the charter of the said corporation: Provided, That the same shall be used only for burial of the Proviso. dead, without distinction of creed or sect, and the ornamenting an preservation of the grounds. Speaker of the House of Representatives. WILLIAM F. PACKER, GEORGE DARSIE, Speaker of the Senate. APPROVED-The seventh day of April, one thousand eight hundre and forty-nine. WM. F. JOHNSTON. Philadelphia, Germantown and Norristown railroad company authorized to sur and construct a No. 324. AN ACT Supplementary to the several acts incorporating the Philadelphia, Germantown and sha SECTION 1. Be it enacted by the Senate and House of Represente tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the Philadelphia, Germantown and Norristown railroad company be and are hereby authorized to survey, mark, locate and construct a branch of their railroad from any point upon the Germantown branch of said railroad near Nicetown, to the most convenient point in the line of vey, mark, locate the Richmond branch of the Philadelphia and Reading railroad, east of the Schuylkill river, and for this purpose all the powers, rights, privileges and immunities conferred by the original act of incorporation of this company, and the several supplements thereto, shall be extended and made operative and applied to such track and branch: Provided, That before any expenditure shall be made by the company under the provisions of this act, the consent thereto of the creditors of the company shall first be obtained, or the approbation of the court of common pleas of the county of Philadelphia be first had, after due notice to said creditors shall have been given in two or more newspapers published in the city of Philadelphia, daily for two weeks. branch of their railroad. Proviso. Enter upon land. Proviso. SECTION 2. And it shall be lawful for said railroad company, by their agents and persons employed by them, to enter upon and take, along the branch hereby authorized to be made, or along the route of their present road, such lands, buildings and hereditaments as they may deem necessary for depots, sidings or water stations, or for access and egress to and from lands, buildings, or depots now owned or built, or that may hereafter be owned or built by said railroad company; and in case the railroad company cannot agree with the owner or owners of such property so required by the company, as to the compensation to be paid therefor, then the same course shall be pursued as directed for the settle ment of damages by the original charter of this railroad company and the several supplements thereto: Provided, That payment of the amount awarded shall be made, or secured to be made, by the said company the owner or owners, before possession of the property shall be taken y the railroad company. SECTION 3. And it shall be lawful for said railroad company, where Lawful for com- WILLIAM F. PACKER, GEORGE DARSIE, Speaker of the Senate. APPROVED-The seventh day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 325. AN ACT Authorizing the governor to incorporate the Wysauking and Wappasening plank road company. Commissioners. SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That V. E. Piolett, E. R. Myer, William Elwell, J. M. Wattles, M. H. Laning, John Passmore, Lemuel S. Maynord, Chauncy Frisbee, Aaron Chubback, G. W. Kenney, Parley Johnson, junior, John C. Adams, Henry W. Tracy, George W. Eastman, of Bradford county, be and are hereby appointed commissioners to open books, receive subscriptions and organize a company, by the name, style and title of "The Wysauking and Style. Wappasening plank road company," with power to construct a plank road from the Susquehanna river, in Wysox township, Bradford county, the north line of Windham township, in the same county, by the Subject to all the nearest and best route, subject to all the provisions and restrictions of an provisions and act, entitled "An Act regulating turnpike and plank road companies," restrictions of a passed the twenty-sixth day of January, one thousand eight hundred and certain act. forty-nine, excepting so far as may be hereinafter provided for. Location. SECTION 2. That the capital stock of said company shall consist of Capital stock. one thousand shares, at twenty-five dollars per share: Provided, Proviso. Powers of president and direc tors. Enter upon and occupy land. Proviso. Damages, how adjusted. Proviso. Proviso. Proviso. Owners of land bordering on said Proviso. That the said company may from time to time, increase the same, under and by virtue of the authority contained in the aforesaid general act. SECTION 3. That the said president and directors shall have power and authority, by themselves or their superintendents, engineers, artists and workmen to enter in and upon, and occupy all land on which the said plank road or its depots and warehouses may be located, or which may be necessary for the erection of weights and scales, or any other purpose necessary or useful in the construction and repairs of said plank road, and therein to dig, embank, make and construct the same: Pro vided, The said company shall first make compensation to the owner or owners of ground and materials and property so taken and occupied as aforesaid, or give adequate security therefor; but if the parties cannot agree upon the compensation to be made to such owner or owners, i shall and may be lawful for the parties to appoint three suitable, judi cious and disinterested persons of the county of Bradford, who shall be under oath or affirmation; and if they cannot agree upon such persons, then either of the parties, after giving twenty days' notice to the other, may apply to a judge of the court of common pleas of Bradford county, and the said judge shall appoint three judicious, disinterested men of the said county, in order to ascertain and report to the court of common pleas what damages, if any, have been sustained by the owner of owners of the said ground by reason of the construction of said plank road through the same, which said appraisers being duly sworn of affirmed, and having viewed the premises, shall proceed to estimate the quantity and quality of land occupied by said plank road, and all other inconveniences which may be likely to result thereform to the said lands, and in view of these considerations, and a just regard to the advantages may seem likely to result to the owner or owners of the said land, from the opening of the said plank road through the same, to make their assessment and report to the court, which report being confirmed by the said court. judgment shall be entered thereon, and execution may issue in the case of non-payment for the sum awarded; and the costs and expenses incurred by the said appraisers shall be defrayed by said plank road company: Provided, That either party may appeal to the court within thirty days after such report may have been filed in the prothonotary's office of the said county of Bradford, in the same manner as appeals are allowed in other cases: Provided however, That in all cases where an appeal is taken by either party, the company may imme diately, upon such appeal being taken as aforesaid, enter upon, occupy, take and carry away any ground, material or property necessary for the use and construction of the aforesaid plank road: And provided also, That if any person or persons owning land or any other property, which shall be affected by this act, be feme coverts, under age or non compos mentis or out of the state, then and in either of those cases the president and directors of the company, and at the costs and charges of said corporation, shall within one year after the construction of the plank road through said land, represent the same to the court of com mon pleas of the aforesaid county, who shall proceed thereon in the same manner and to same effect as is directed by this act in other cases. SECTION 4. That the company shall not prevent any person or per sons, being the owner or owners of land bordering on the said plank road, or in the vicinity thereof, or adjacent thereto, from making such lateral plank roads and connecting them with the said plank road from their said lands, as the said person or persons may wish, for the pur pose of transporting coal, lumber or produce on said plank road: Provided, That all such connections of lateral roads are to be made at the |