No. 122. AN ACT Fixing the guages of railroads in the county of Erie. WHEREAS, The guages or width between the rails of the several railroad tracks in the State of New York are four feet eight and onehalf inches, or six feet. And whereas, By the general railroad law of the State of Ohio, the guages of the railroads of that State are fixed at four feet ten inches; 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 guage or width between the rails of any track of any railroad running from the borough of Erie, in the county of Erie, westwardly to the Ohio State line, or of any part of any railroad which shall or may be located between a line running due south from the town of Erie to the Ohio river and the Ohio State line or of any railroad, any part of which shall or may be used in connecting any railroad leading eastwardly from the town of Erie, or from any point in the aforesaid due south line with any railroad leading westwardly to the Ohio State line, for the construction of which or either of which a company now is or may hereafter be incorporated by the laws of this Commonwealth, shall be of the width of four feet and ten inches, and no other. SECTION 2. That the guage of any railroad running from the New York State line westwardly, shall, as far as the town of Erie, or as far as the line running due south from the town of Erie to the Ohio river, be constructed either of the guage of six feet or of the guage of four feet eight and one-half inches: Provided, That nothing in this act contained shall be so construed as in any way to enlarge the privileges or franchises of any company now incorporated by the laws of this Commonwealth, except so far as regards the guage or width between the rails. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED—The eleventh day of March, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. Repeal of second section of certain act. No. 123. AN ACT Relative to the Sharon Iron Company, Mercer county, and relative to certain election districts in this Commonwealth 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 second section of an act of Assembly entitled "An Act conferring on the Commissioners of Dauphin county the rights and privileges reserved by this Commonwealth, to extinguish the tolls on the bridge erected over the Swatara creek, by the Lancaster, Elizabethtown, and Middletown Turnpike Road Company; relating to Sharon Iron Company, Mercer county, and the claim of William Edge, of Chester county; to incorporate the Honesdale and Delaware Plank Road Company," approved the third day of May, one thousand eight hundred and fifty, be, and the same is hereby repealed. Wolf township, ; SECTION 2. That the qualified electors of the township of Wolfcreek, Mercer county, in the county of Mercer, shall hereafter hold their general and townplace of holding ship elections at school house number two, near James C. Mongomeelections in. ry's; and Patrick M'Dowell is here appointed judge, and Daniel Kelly and William Patterson inspectors, to hold the next spring elections. SECTION 3. That the township of Pinegrove, in the county of Mertownship, Mer-cer, is hereby erected into a separate election district, and the qualified electors thereof shall hold their township and general elections at the house of Charles Cunningham, in the village of Pinegrove; and George Taylor is hereby appointed judge, and William Perry and G. W. White inspectors, to hold the first spring elections therein. Pine Grove cer county. Paupack township, Wayne county. Canal township, SECTION 4. That the township of Paupack, in the county of Wayne, shall form and constitute an election district, and the qualified electors thereof shall hereafter hold their general and township elections at the public school house in Purdyville; that the election of township offi cers for the said township of Paupack for the year eighteen hundred and fifty-one, shall be held on the first Friday of April, eighteen hundred and fifty-one: Provided, That all other elections of township officers shall be held at the usual time fixed for holding such elections in Wayne county. SECTION 5. That the qualified electors of Canal township, in the Venango coun- county of Venango, shall hereafter hold their elections at the house of Isaac Hanna. ty. Upper Hanover SECTION 6. That hereafter, the qualified electors of the township of township, Mont-Upper Hanover, in the county of Montgomery, shall hold their general gomery county, elections at the public house of George Graber, junior, in said township. Saltsburg borough, Indiana county. SECTION 7. That it shall hereafter be lawful for the citizens of the borough of Saltsburg, in the county of Indiana, to elect at the same time and place of electing judges and inspectors, and other township officers, one burgess, one assistant burgess, two members of council, and one borough constable, who shall enjoy all the official rights and perform the same duties and be subject to the same penalties as other township constables, as well as perform the duties of borough constable; and the officers duly qualified to hold said borough election are hereby required to hold the election to elect the above named officers, any law inconsistent with this section, and so much of an act as authorizes the citizens of said borough to elect one person to act as high constable, be, and are hereby repealed, so far as relates to said borough. James H. SECTION 8. That the taxable inhabitants residing within the bounds Graysport of the Graysport school district, in the county of Huntingdon, be, and school District, they are hereby authorized to elect school directors to have like privi- Huntingdon leges as are now exercised by school directors under the general school county. laws; said election to be held at the school house of the district on the second Friday in March. The said election to be held by the appointment of a judge and inspector by the voters present; and the said district shall be entitled to its share of the State appropriation. SECTION 9. That it shall be lawful for James H. Mitchell to act as Mitchell, to act a justice of the peace in the borough of Johnstown, during the term as Justice of the for which he was elected in Conemaugh township, Cambria county. Peace, &c. SECTION 10. That on the third Friday in March, one thousand eight Election of Comhundred and fifty-two, and annually thereafter, the qualified voters of missioners of the district of Richmond, in the county of Philadelphia, shall elect the District of three persons to serve as commissioners for the term of three years; and the qualified voters at the same time and place shall elect one person to serve as constable, one person to serve as assessor, and whenever necessary two assistant assessors, to be governed by existing laws of this Commonwealth. Richmond. Expiration of SECTION 11. That the commissioner whose term of service would have expired in October, eighteen hundred and fifty-one, shall expire term of service. on and after the day of election in March, eighteen hundred and fiftytwo; and the commissioner whose term of service would have expired in October, eighteen hundred and fifty-two, shall expire on and after the election in March, eighteen hundred and fifty-three; and the commissioner whose term of service would have expired in October, eighteen hundred and fifty-three, shall expire on and after the election in March, eighteen hundred and fifty-four. SECTION 12. That the annual meetings of the board of commission- Annual meeting ers of said district shall be held on the first Thursday next after the election held in March, eighteen hundred and fifty-two, who shall organize said board as now provided by law. SECTION 13. That the act approved the twenty-fourth day of March, Certain act relaone thousand eight hundred and forty-eight, entitled "An Act authoriz- tive to Germaning the qualified voters of the Upper Ward, Germantown, Philadelphia town repealed. county, to elect three commissioners, whose duty it shall be to take charge of the public highways in said ward, is hereby repealed; and the qualified voters of the said Upper Ward, Germantown, shall on the third Friday of March next, and annually thereafter, elect one supervisor of public roads, in the manner provided by law prior to the passage of the aforesaid act, approved March twenty-fourth, eighteen hundred and forty-eight: Provided, Said supervisor shall be invested with all the powers and duties conferred upon the road commissioners of the Upper Ward, Germantown, by the acts of twenty-ninth March, eighteen hundred and forty-nine, and of sixth April, eighteen hundred and fifty: And provided further, That the said road commissioners shall turn over and deliver to said supervisor all official papers, books, vouchers, moneys, and balances which may be in their hands, immediately after the bonds of said supervior shall have been filed and approved by competent authority. Mode of voting SECTION 14. That it shall be lawful for the qualified voters of the in Perry county county of Perry, from and after the passage of this act, to vote for all regulated. candidates for the various offices to be filled at any election on one slip or ticket: Provided, That the office for which every candidate is voted for shall be designated as required by the existing laws of this Commonwealth And provided also, That any fraud committed by any person voting in the manner above prescribed, shall be punished as similar frauds are directed to be punished by the existing laws of this Commonwealth. Madison town- SECTION 15. That the township of Madison, in the county of Columship, Columbia bia, is hereby erected into a separate election district; and the general county, erected and township elections for the said district shall be held at the house into a separate of Jacob W. Warner, in said township; and Gilbert C. McWaine is hereby appointed judge, and David W. Kingsbury and Jacob Cool inspectors, to conduct the first election in March. election district. APPROVED-The eleventh day of March, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 124. AN ACT To include within the borough of New Berlin, Union county, a certain lot of ground belonging to Samuel B. Winters, and for the alteration of the borough law of Lewisburg, Union county, and relative to the destruction of fish in Blair county. 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 Certain proper-all that certain lot of ground situated in the township of Limestone, ty annexed to New Berlin, in the county of Union, now the property of Samuel B. Winters, lying Union county. in the north-west corner of Walnut and New Market streets, numbered one hundred and fifty-one in the plan of the aforesaid town, shall hereafter be included within the borough of New Berlin, Union county, and the boundaries of said borough are hereby so altered as to include the same, and the said premises shall be subject to like taxation, and entitled to like privileges, in all respects as other real estate within said borough. Elections in SECTION 2. That at the next election of officers of the borough of Lewisburg, the qualified citizens thereof shall elect six instead of five citizens to act as council for said borough, two of whom shall serve one year, two two years, and two three years; that the persons so elected shall meet on the first Friday after such election, and shall determine by lot which shall serve the different periods herein before mentioned, and that annually thereafter at the time of holding the borough election, the citizens thereof shall elect two members of the council, who shall serve three years: Provided, That in case the council elected at the next election aforesaid shall neglect to meet at the time hereinbefore mentioned, to decide by lot the period each shall serve, then the burgess shall call a special meeting of the council for that purpose. SECTION 3. That in all cases where the council shall be equally Casting vote of divided on any question before them, the burgess shall give the casting burgess, &c. vote. Four of the council shall be a quorum to transact business. SECTION 4. That in case of the death, resignation, or removal of the Vacancy. burgess, the council shall elect one, who shall serve until after the next election they shall also have power to fill vacancies in their own body, occasioned by the like contingencies. SECTION 5. That the council shall have power to require owners of lots in said borough to pave the side-walks and gutters or water courses where they join streets, in such manner as they may determine by bylaws or ordinances; and in case the owners or holders thereof shall refuse or neglect to comply with such requisition, after having received twenty days' notice from the street commissioners of said borough, the council shall have power to cause the said pavements to be made, keeping an account of the cost of the work and materials, which account shall be signed by the burgess and attested by the clerk, and if not paid by the owners or holders of said lot or lots within thirty days from the date thereof, then the clerk shall cause the sum so due, with all costs accruing thereon, to be entered by the prothonotary of said county with the corporate name of said borough as plaintiff, and the said delinquent lot holder or owners as defendants, which shall have the same effect as a judgment regularly entered in court, for which the prothonotary shall be allowed the usual fees for such entries, defendants to be liable for all costs: Provided however, That such owners or holders of lots do not reside within the borough; in which case it shall be the duty of the council to cause the ordinance requiring said pavements to be made, to be published for at least three successive weeks in a public newspaper printed within said borough or county; and if said pavements are not made by such owners or holders of said lot or lots, within thirty days from the date of the first publication of said ordinance, the council may proceed in case of such delinquents in like manner as is herein provided for delinquent owners or holders of lots residing within the borough, adding the costs of said advertisement to the bill of expense for making the said pavements. SECTION 6. That in all cases when persons owning real estate in said borough shall neglect or refuse to pay his or her proportion of the several taxes assessed (or the owner or owners do not reside within said borough), and sufficient personal property cannot be found within the borough belonging to such owner or owners to pay the same, then it shall be the duty of the town clerk to make out a certified copy of such taxes as are unpaid, signed by the burgess and attested by the clerk, and cause the same to be entered by the prothonotary of said county, who shall be allowed a fee of fifty cents for such entry, and for further proceedings thereon he shall be allowed the same fees as in other similar cases, defendant to be liable for all costs. Powers of coun cil. Taxes. SECTION 7. That it shall be the duty of the burgess to see that the Duties of burlaws and ordinances relating to said borough shall be faithfully ex-gess. ecuted; and for a failure on his part to fulfil the duties of his office, he may be impeached by the council and removed from office. |