Auditors of the county of Philadelphia, pay of in certain cases. the county of SECTION 12. That the auditors of the county of Philadelphia shall receive from the guardians of the poor, the inspectors of the county prisons, the board of health, and controllers of public schools, compensation for auditing their accounts for the fiscal year ending on and previous to the thirtieth day of June, Anno Domini one thousand eight hundred and forty-seven; compensation being the same as heretofore received for auditing said accounts. SECTION 13. That if the commissioners of the county of PhiladelCommissioners of phia, in pursuance of the authority vested in them by the eighth section Philadelphia, du- of an act, entitled "A supplement to an act, entitled An Act relating ties of, relating to to the auditors of Philadelphia county; also to Delaware Sixth street the new court house, offices, &c. Borrow money. in said county; also to the sinking fund of the said county; also to the disposal of certain real estate by the commissioners of said county; also to the vacation of a certain alley in Philadelphia city; to the erection of new county buildings; to the borough of Manayunk; and to the opening of Amber street,' passed the sixteenth day of March, one thousand eight hundred and forty-seven," with the consent of the select and common councils of the city of Philadelphia, and the approbation of the county board of the said county, shall decide to erect the new court house in the said section mentioned, on the site of the present county buildings, it shall be the duty of the said commissioners to provide suitable offices for the accommodation of the officers of the said county, and the prothonotary of the supreme court for the Eastern district, and for the reception and safe keeping of the records and other papers in charge of said officers, during the time that the said court house is in the progress of erection. SECTION 14. That the commissioners of the county of Philadelphia shall have authority, by and with the consent and approbation of the county board of said county, to borrow any sum or sums of money on the credit of said county, not exceeding in the whole, the sum of sixty thousand dollars, reimbursable at such time or times as said county board shall direct. Accounting officers of the com- SECTION 15. That the accounting officers of the commonwealth be monwealth au- and they are hereby authorized and required to examine and settle on thorized to exam- the books of the departments, the accounts between the district of ine and settle the Spring Garden, Philadelphia county, and the commonwealth, and upon such settlement and payment of balances, if any shall be found due, to have the necessary satisfaction entered upon the records of the district and the common- court of the city and county of Philadelphia. accounts between the district of Spring Garden wealth SECTION 16. That from and after the passage of this act, it shall not Who shall not be be lawful for the judges of the several courts of this commonwealth, or appointed audiany one of said judges, to appoint as auditor, master in chancery, extor, master in aminer, commissioner or appraiser, any person related or connected chancery, examiner, &c., in the with said judges, or any one or more of them, by ties of consanguinity several courts of or marriage. this commonwealth. SECTION 17. That so much of any act of assembly as is inconsistent with this act, be and the same is hereby repealed. WILLIAM F. PACKER, Speaker of the House of Representatives. WM. F. JOHNSTON, Speaker of the Senate. We do hereby certify that the bill, entitled "An Act authorizing the commissioners of the incorporated districts of the Northern Liberties and Kensington to open a street, to be called Delaware avenue; relative to the duties of assessors; venders of mineral waters; the fire associa⚫ tion of Philadelphia; vacancies in the school boards in the county of Clerk of the House of Representatives. HARRISBURG, January 24, 1849. No. 421. A SUPPLEMENT To an act to authorize the governor to incorporate the Erie canal company. 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 said Erie canal company shall be and is hereby empowered to charge and receive tolls for the passage of merchandize and other com- Rates of toll. modities on said canal, at a rate not to exceed one cent per mile for every thousand pounds, and shall be and is hereby allowed to discrimi- Allowed to disnate in the rates of toll so charged and received between that which criminate in the passes through the whole length of the line and that which passes only rates of toll. through portions of the same: Provided, That no discrimination in Proviso. the rate of tolls shall be made on any merchandize or other commodities shipped to or from any point of the said canal between Adams' dam and the Ohio river: Provided further, That the same discrimination Proviso. shall be made upon the same articles coming from or going to the Pennsylvania and Ohio canal, so that the rates of toll charged and received upon the through and local trade, upon both lines, shall be the same; that so much of the thirteenth section of the act to which this is a supplement, as is hereby altered, be and the same is hereby repealed: Provided also, That iron, iron ore, coal and lumber, on which no Proviso. higher rate of tolls shall at any time be charged than the rates authorized to be charged by the act to which this is a supplement; that the Erie canal company shall not discriminate on through trade in the rate of tolls charged on boats, passengers, or freight on account of the same passing either northward or southward, and that the said company shall not charge any lower rates on boats, passengers, or freight coming on to their canal from the Pennsylvania and Ohio canal and passing from the junction to the borough of Erie, than the rates now charged by the said Erie canal company. Collectors of toll upon said canal authorized to administer oath, &c. Erie canal company required to construct a lock or schute on the French creek feeder or dam at Bemus' mills. Proviso. Required to pay at the treasurer's office of said SECTION 2. That the several collectors of tolls upon the canal shall have authority to administer oaths or affirmations to any owner, master, or other agent of any boat or float used upon said improvement, and to examine them on oath or affirmation touching the weight and description of their cargoes, and in relation to all other matters and things connected with the faithful discharge of the duties of said collectors; and any person who shall knowingly swear falsely before any of the said collectors, shall be liable to prosecution, conviction and punishment, as in other cases of wilful perjury. SECTION 3. That the said Erie canal company be and they are hereby required to construct a lock or schute at their own election, in or upon the French Creek feeder or dam, at Bemus' mills, in Crawford county; said lock or schute shall be so constructed as to insure the safe and uninterrupted navigation downward of French creek, over the said schute, or through the said lock, and a bridge across the Shenango pool at or near Western reservoir harbor, where the public road crosses said pool, not inferior to the bridge across the Shenango, at Pulaski, in Mercer county, and to charge therefor as part of the cost of construction of said canal; and if the company should elect to construct a lock, then they shall be entitled to charge and collect reasonable tolls for the passage of boats and rafts, subject, however, to the control of the legislature: Provided, That the lock or schute and bridge as aforesaid, shall be constructed on or before the first day of October, one thousand eight hundred and fifty, otherwise this act to be null and void: And provided further, In case the said company elect to build a lock, said lock shall not be less than one hundred and ten feet long and twenty feet wide in the clear.. SECTION 4. That the said Erie canal company be and they are hereby required to pay at the treasurer's office of the said company in Erie, on the first day of January, one thousand eight hundred and forty-nine, or company, interest as soon thereafter as may be demanded at their office aforesaid, and annually thereafter in like manner, the interest then falling due upon all bonds and certificates for the preceding year, issued by the said Erie canal company; and upon failure to comply with the provisions of this section and the third section, then the first section of this act shall be null and void. on bonds due, &c, Reservation. SECTION 5. That the legislature reserves the right to alter or repeal this act, whenever they may deem it injurious to the commonwealth. WILLIAM F. PACKER, Speaker of the House of Representatives. We do certify that the bill, entitled "A supplement to an act to authorize the governor to incorporate the Erie canal company," was presented to the late governor, Francis R. Shunk, on the thirty-first day of March, eighteen hundred and forty-eight, and was not returned within three days after the meeting of the present legislature; wherefore it has, agreeably to the constitution of this commonwealth, become a law in like manner as if it had been signed. Clerk of the House of Representatives. HARRISBURG, January 24, 1849. Clerk of the Senate. No. 422. AN ACT Relating to certain bridges over the river Lehigh, near Catasauqua. SECTION 1. Be it enacted by the Senate and House of Representaves of the Commonwealth of Pennsylvania in General Assembly et, and it is hereby enacted by the authority of the same, That Lawful for the I shall be lawful for the Lehigh Crane iron company, any law to the Lehigh Crane ontrary notwithstanding, to become stockholders in the corporation, iron company to ntitled The president, managers and company for erecting a bridge holders in a cerver the river Lehigh, near Biery's mill," created by an act of assembly tain bridge comassed the fifth day of March, one thousand eight hundred and twenty- pany. Four. become stock SECTION 2. That the Lehigh Crane iron company shall have the right When to have o charge and collect toll for the passage over their new bridge, so soon the right to charge as they have purchased three-fourths of the stock of said bridge, near and collect toll on Biery's mill, the same rates specified in the ninth section of the said act, their new bridge. passed the fifth day of March, one thousand eight hundred and twenty Eour. SECTION 3. The legislature hereby reserves the power to alter, revoke or annul this act, whenever in their opinion it may be injurious to the citizens of the commonwealth; in such manner, however, that no injustice shall be done to the corporators. WILLIAM F. PACKER, We do hereby certify that the bill, entitled "An Act relating to certain Clerk of the House of Representatives. Reservation. HARRISBURG, January 24, 1849. Certain act rela No 423. AN ACT Relating to the lien of mechanics and others, and to sales to enforce the payment of liens. 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 provisions of the twenty-ninth section of the act of the sixteenth day tive to mechanics' of June, eighteen hundred and thirty-six, entitled "An Act relating to liens extended to the lien of mechanics and others upon buildings," be and the same is the county of hereby extended to the county of Chester: Provided, That nothing Chester. herein contained shall alter, impair or affect any contracts that shall have been made before the passage of this act. Proviso. Laborers in man ufactories in the county of Berks to be preferred for the period of six months pre ceding the death or insolvency of the owner or owners, &c. Before sale on SECTION 2. That from and after the passage of this act, all wages that may be due from the owner or owners of any manufacturing estab lishment in the county of Berks, to any laborer or laborers in such establishment, for any period not exceeding six months immediately preceding the death or insolvency of such owner or owners, shall be a lien upon such establishment, and shall be first paid from the proceeds of the sale of such establishment. SECTION 3. That in all cases of registered taxes or municipal claims filed in the office of the county commissioners of Philadelphia, or in the prothonotary's office of the district court or the court of common in pleas of the city and county of Philadelphia, before any sale shall be had thereon, notice of three months shall be given in two of the daily newspapers of Philadelphia, once a week, before a suit shall be commenced for the recovery of the same, and that after sale, one year shall be allowed for the redemption of said property: Provided, That upon such redemption the party redeeming the same shall pay all costs and charges which shall have accrued, and twenty per cent. upon the amount for which said property shall have been sold. registered taxes Lien of a mort- SECTION 4. The lien of a mortgage upon any real estate situate in gage not to be the city or county of Philadelphia, shall not be destroyed or in any way affected (in the affected by the sale of the mortgaged premises under or by virtue of any city and county process to enforce the payment of any tax, claim or assessment whatsoof Philadelphia) by the sale of the ever, which by existing laws may be a lien on said real estate, unless mortgaged pre- said sale shall be made under a judgment obtained upon a claim which mises, by virtue was duly registered in the proper office, prior to the recording of such process to en- mortgages. of &c. force payment of SECTION 5. The estate which may be held in a ground rent in fee, any tax claim, issuing out of any real estate in the city and county of Philadelphia, shall not be divested by the sale of the land out of which said ground Estate which may be held in ground rent may issue, for the non-payment of any tax, charge or assessment rent in fee, &c., imposed on said real estate; but said ground rent shall be assessed as a not to be divested distinct estate, and payment of any tax, charge or assessment imposed by the sale of the thereon, shall be enforced in like manner as in other cases of real estate land out of which said ground rent may issue. WILLIAM F. PACKER, Speaker of the House of Representatives. Speaker of the Senate. |