No. 142.

A FURTHER SUPPLEMENT

To an act entitled "An Act to incorporate the Hazleton Coal Company," passed eighteenth March, Anno Domini, one thousand eight hundred and thirty-six.

SECTION 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 Hazleton Coal it shall and may be lawful for the Hazelton Coal Company to take, Company au- hold, and dispose of such real estate within the city and county of thorized to dis- Philadelphia as may be needful to furnish them with safe and proper offices for preserving their books and papers, and transacting their business, and also such as may have been or shall hereafter be by them bona fide received as security, or in satisfaction for debts due to them.

pose of real

estate.

Increase of capital stock. Further provi

sions.

Tax.

SECTION 2. That as soon as the Hazleton Coal Company shall have completed the extension of their road which they are now engaged in constructing from the mouth of Hazle creek to Penn Haven, with one track, laid with a substantial iron rail, they are hereby authorized to increase their capital stock by two thousand shares, of fifty dollars each.

SECTION 3. That if the said extension shall be so constructed as to avoid a steep gradient between the mouth of Hazle creek and the Beaver Meadow railroad at Weatherly, and the same shall be completed within one year, then, and in that case, the time fixed by the act of the fifth April, one thousand eight hundred and forty-nine, "for improving the remainder of the Hazleton Railroad, with a double track," shall be prolonged four years: Provided however, That such portion of the Hazleton railroad as connects it with the Beaver Meadow railroad, embracing the steep gradient aforesaid, shall be kept in repair with at least one track of substantial flat bar.

SECTION 4. The said company shall be required to pay to the State treasurer for the use of the Commonwealth, one per centum on the capital stock hereby increased, to be paid in four instalments, the first thereof on the first Monday of July, one thousand eight hundred and fifty-one, and the remaining instalments at intervals of twelve months each.

APPROVED-The eighteenth of March, A. D., one thousand eight

hundred and fifty-one.

WM. F. JOHNSTON.

No. 143.

AN ACT

Relative to election districts in certain counties, and relative to tavern licenses in the counties of Juniata and Sullivan.

ship, Mercer

SECTION 1. Be it enacted by the Senate and House of Representatires of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the township of Liberty, in the county of Mercer, is hereby erected Liberty towninto a separate election and school district, and the qualified electors county. thereof shall hold their township and general elections at the public school house at the ten mile post on the Butler and Mercer turnpike road, known as the Breckenridge school house; and William W. Smith is hereby appointed judge, and Robert McWilliams and William Dale inspectors, to hold the first spring elections; and said first spring election shall be held after three days' notice, which notice shall be given by the judge herein named.

ship, Mercer

SECTION 2. That the township of Jackson, in the county of Mercer, Jackson townis hereby erected into a separate election and school district, and the qualified electors thereof shall hold their township and general elections county. at the house of William Clark, in said township; and John Hamilton is hereby appointed judge, and William Service and Samuel Pew inspectors, to hold the first township election; and said first spring elections shall be held after three days' notice, which notice shall be given by the judge herein named.

SECTION 3. That the qualified voters of the township of Eldred, in Eldred townthe county of Schuylkill, shall on the second Monday of May next, ship, Schuylkill between the hours of nine and ten o'clock, A. M., and six o'clock, P. M., county. determine by ballot whether the township and general elections in said township shall hereafter be held at the public house of John Wetzel, or at the public house of Peter W. Kutz; said election to be held at the public house of John Wetzel, and shall be conducted by the officers appointed at the last spring election in said township, who are hereby required to give six days' notice to the citizens of said township of the time and place of holding said election, and the object for which it is to be held, by at least fifteen written or printed advertisements, to be set up in the most public place in said township.

SECTION 4. That each person entitled to vote as aforesaid, shall vote Mode of voting. a ticket with the words written or printed on the outside "Election Place," and on the inside "John Wetzel," or "Peter W. Kutz."

SECTION 5. That the officers of the election shall make return of the votes polled for "John Wetzel," and for Peter W. Kutz," to the next Court of Quarter Sessions of said county, which return shall be filed among the records of said court, and the majority of the votes polled for either John Wetzel and Peter W. Kutz, shall determine the place where the township and general elections for said township shall there

after be held.

Returns of elec

tion.

Rowlette town

SECTION 6. That the qualified voters of Rowlette township, Potter county, shall hereafter hold their general and township elections in the ship, Potter new school house near George Wagner's, in said township.

county.

Repeal of the fifth section of

certain act.

Provisions of

certain act extended to Sulli

van county.

ty.

SECTION 7. That the fifth section of the act entitled "An Act annexing the county of Schuylkill to the eastern district of the Supreme Court, and for other purposes," passed August second, eighteen hundred and forty-two, be, and the same is hereby repealed, so far as relates to the county of Juniata.

SECTION 8. That the provisions of the act entitled "An Act supplementary to the various acts relating to tavern licenses," approved the twenty-ninth day of March, eighteen hundred and forty-one, be, and the same are hereby extended to the county of Sullivan; and that so much of any act as is hereby altered or supplied, be, and the same is hereby repealed, so far as relates to the said county of Sullivan.

Polk township, SECTION 9. That the township of Polk, as constituted and set off Jefferson coun- by the court of Jefferson county on the eleventh day of February, eighteen hundred and fifty-one, be, and the same is hereby declared to be an election and school district; and the qualified voters of said township shall annually hereafter hold their general and township elections at the house of Frederick Heterick, in said township. The first spring election shall be held by Frederick Heterick as judge, and John Smith and Thomas Reade as inspectors, on the last Monday of April

Ransom town

next.

SECTION 10. That after the passage of this act the qualified electors ship, Luzerne of the township of Ransom, in the county of Luzerne, shall hold their general and township election at the house of Samuel Vosburg, in said township.

county.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The eighteenth day of March, A. D., eighteen hundred

and fifty-one.

WM. F. JOHNSTON.

No. 144.

A SUPPLEMENT

To an act entitled "An Act extending the improvements in the borough of Pottstown, in the county of Montgomery, and for other purposes," ap proved the fifth day of April, Anno Domini, one thousand eight hundred and forty-eight, and extending the limits of the borough of Montrose, Susquehanna county.

SECTION 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 Pottstown bor any person who shall sustain damage by reason of the opening, widening, or extension of any street, lane, or alley, within the borough of Pottstown, by virtue of the authority granted by the act to which this is a supplement, shall be entitled to have said damage assessed imme

ough.

person

diately after the final confirmation by the Court of Quarter Sessions of Montgomery county of the report of the commissioners laying out, widening, or extending such street, lane, or alley; and no such street, lane, or alley, shall hereafter be further opened over the land of any within said borough, until said damage shall have been fully assessed by a jury, and their report finally confirmed by said court: Provided, That application for viewers to assess such damage shall be made within one year from the passage of this supplement: And provided further, That said court shall be, and are hereby authorized to appoint viewers to assess the damage arising in any case under the act to which this is a supplement, upon the petition of a majority of the members of the town council of said borough, and in each and every case in which said damage shall be assessed by viewers so appointed, the proceedings shall be as valid and conclusive as if said viewers had been appointed upon the petition of the person sustaining the damage. SECTION 2. It shall be the duty of the Court of Quarter Sessions of Montgomery county, upon the application of a majority of the town Sessions of council of the borough of Pottstown, to issue an order directed to the Montgomery street commissioners of said borough for the opening of any one or county authormore of the streets, lanes, or alleys laid out, widened, or extended as ized to issue an aforesaid, and approved of by said court, whenever the provisions of order, &c. this act relative to the assessment of damages which shall be sustained by the owners of land over which such street, lane, or alley has been laid out, widened or extended shall have been fully complied with. SECTION 3. That the limits of the borough of Montrose, in the county of Susquehanna, be, and the same is hereby extended as follows, to wit: on the southerly side fifty-four perches, on the easterly tended. side thirty perches, and on the westerly side twenty perches.

APPROVED-The eighteenth day of March, A. D., one thousand eight

hundred and fifty-one.

WM. F. JOHNSTON.

Court of Quarter

Montrose bor

ough, limits ex

No. 145.

AN ACT

Relative to the estate of George W. Farquhar, deceased.

tives of the Commonwealth of Pennsylvania in General Assembly SECTION 1. Be it enacted by the Senate and House of Representamet, and it is hereby enacted by the authority of the same, That Francis W. Francis W. Hughes, trustee of the estate of George W. Farquhar, de- Hughes, trustee, ceased, appointed by the Orphans' Court of Schuylkill county, in pur- authorized to suance of the provisions of the tenth section of the act of Assembly, pay over certain passed the twenty-first day of April, A. D., eighteen hundred and Amelia Far

13

moneys to

quhar.

Construction of

of certain act

forty-six, entitled "An Act relative to certain real estate," be, and he is hereby authorized and required to pay over to Amelia Farquhar, the executrix of said deceased, so much of the proceeds of real estate sold under the provisions of said section of said act, as shall be necessary after the personal estate of said deceased applicable to the payment of debts shall have been exhausted for that purpose, to pay the debts of said deceased, and the expenses of the executrix of settling up the estate, that may be allowed by the Orphans' Court of Schuylkill county, upon the confirmation of her final account as executrix as aforesaid, and that said trustee shall have credit for all moneys paid over to the executrix as aforesaid in like manner as if invested in pursuance of said tenth section of said act of Assembly.

SECTION 2. That the proviso in said tenth section of said act of the proviso of Assembly shall not be construed to require separate security to be the tenth section given for each parcel of real estate sold by said executrix in pursuance of the authority given in said tenth section, but that the trustee shall give security, to be approved by said Orphans' Court, which shall cover and stand good for all the sales of real estate made by said executrix, in pursuance of the authority as aforesaid: Provided however, That said court may require other or additional security whenever in their discretion the interests of said estate shall require it.

Confirmation of sales.

SECTION 3. That upon the investment of the proceeds by the trustee of said estate of the real estate hitherto sold by said executrix, under the provisions of said tenth section of said act of Assembly, or on paying the same to the executrix as provided in the first section of this act, all such sales shall be confirmed and held firm and stable forever, notwithstanding any defect or want of security as required by said act of Assembly or irregularity in the compliance with the provisions thereof.

APPROVED-The eighteenth day of March, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

No. 146.

AN ACT

For the relief of Elizabeth Jones.

WHEREAS, Benjamin D. Jones, of Cumberland county, was killed by the falling of a public bridge constructed over the Pennsylvania canal at the borough of Northumberland, in the county of Northumberland, while passing over said bridge in a public conveyance, in conse