Treasurer to give security.

Oaths.

Road Tax.

where the appeal will be held, the collector shall notify each taxable by a written notice in the usual manner, at least ten days before the day of appeal; and where the tax shall have been properly adjusted, it shall be the duty of the chief burgess (or in case of his absence or inability to act) of the treasurer, and he is hereby authorized to issue his precept directed to the collector, commanding him to collect all taxes so assessed, and vesting him with like powers and authority given to the collectors of county rates and levies by the laws of this Commonwealth; and the amount so collected shall be paid into the treasury for the use of the corporation.

SECTION 8. That the treasurer shall give approved security for the faithful performance of the duties of his office, and for the safe delivery into the hands of his successor of all moneys, books, and accounts appertaining thereto, upon demand being made by the chief burgess for that purpose. The collector shall also give security for the faithful performance of his duties.

SECTION 9. That the chief burgess, assistant burgess, and town council, and all other officers of the borough appointed by the town council in pursuance of the provisions of this act, before entering upon the duties of their respective offices, shall take and subscribe an oath or affirmation before any justice of the peace for said county, or the chief burgess, to support the Constitution of the United States and of the State of Pennsylvania, and to perform the duties of their respective offices with fidelity; and the certificate of such oaths and affirmations shall be filed among the records of said corporation.

SECTION 10. That persons holding property within the limits of said borough shall be exempt from the payment of road tax hereafter assessed on said property for Hopewell township.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

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

WM. F. JOHNSTON.

No. 197.

AN ACT.

To authorize the County Commissioners of Berks county to construct a bridge over the river Sckuylkill, at or near Hamburg, and to borrow money, empow ering James Darrah and the administrators of Thomas H. Jones, deceased, 10 sell certain real estate.

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

the commissioners of Berks county be, and they are hereby authorized Commissioners and required to rebuild the bridge over the river Schuylkill, at the of Berks county, borough of Hamburg, in the county of Berks, under and in accordance authorized to with the general road laws of the Commonwealth, and the provisions of rebuild a certhe act of Assembly, approved February twenty-second, one thousand tain bridge. eight hundred and twelve, April twenty-three, eighteen hundred and twenty-nine, January thirty-one, one thousand eight hundred and thirty-two, and the supplement thereto approved March twentieth, eighteen hundred and forty-nine, in relation to the erection of three bridges over the river Schuylkill, at or near the city of Reading: Provided, That it shall be the duty of the commissioners aforesaid to contract with any person or persons residing in Berks county who may be desirous of using the said bridge, for such annual sum as they may agree upon, to be paid in lieu of the tolls mentioned in the acts aforesaid: And provided further, That it shall also be the duty of the said commissioners so soon as the bridge aforesaid is completed, to file in the office of the clerk of the Quarter Sessions in and for said county, a report containing the total amount of money which shall have been expended in the rebuilding of said bridge; which report, so soon as approved by the court of Quarter Sessions of said county, shall be held and taken to be the total amount due the said county therefor. And the said commissioners shall on the thirty-first day of December in each and every year, file in the office aforesaid an account of the nett profits, after deducting all expenses, which they have received from said bridge for the year immediately preceding; and so soon as the amount of said nett profits shall equal the principal and interest of the sum expended in rebuilding the bridges as aforesaid, it shall be the duty of the said court of Quarter Sessions of Berks county to make a decree declaring the said bridge free, of which decree public notice shall be given in one or more newspapers published in the borough of Hamburg, and two or more newspapers published in the city of Reading.

SECTION 2. That the proviso in the first section of an act entitled Repeal. "An Act authorizing the commissioners of Berks county to borrow money, and for other purposes," approved April sixth, one thousand eight hundred and forty, which limits the debt of the county of Berks to a sum not exceeding fifty thousand dollars, be, and the same is hereby repealed, and that the commissioners of said county be, and they are hereby authorized to borrow as prescribed in the act aforesaid, any sum not exceeding one hundred and twenty-five thousand dollars, and that all certificates of loan heretofore issued by the said commissioners on the credit of said county be, and the same are hereby declared legal and available in the hands of any holder thereof against said county, notwithstanding that when said certificates were issued the debt of said county may have exceeded the sum of fifty thousand dollars: Provided, That if the present or any future commissioners shall borrow any sum of money exceeding the sum of one hundred and twenty-five thousand dollars, they shall be individually liable for the re-payment of such excess, and any certificate of loan issued as aforesaid after the debt of said county shall reach the sum of one hundred and twenty-five thousand dollars, shall be null and void, so far as regards the said County: Provided further, That after the first day of January, one thousand eight hundred and fifty-two, it shall be the duty of the said commissioners to reduce the debt of said county not less than five thousand dollars in each and every year, until the debt of said county shall again be reduced to the sum of fifty thousand dollars, which sum shall thereafter be the maximum amount of the said county debt, which it shall not be lawful to exceed under the same penalties which are hereinbefore

Administrators

provided in reference to any excess over the sum of one hundred and twenty-five thousand dollars.

SECTION 3. That John V. R. Evans and Rees Davis, administraof Thomas H. tors of Thomas H. Jones, late of Berks county, deceased, and James Jones author- Darrah, all of the county of Berks, be, and they are hereby authorized ized to sell cer- and empowered to sell, dispose of, and convey, all the right, title, and tain real estate. interest, which was in the said Thomas H. Jones, deceased, as well as all the right, title, and interest, which is in the said James Darrah in certain real estate situate in Berks and Schuylkill counties, which said real estate the said Thomas H. Jones, deceased, held as tenant in common with said James Darrah, and to make, execute, and deliver to the purchaser or purchasers thereof, all such deeds or other instruments as may be necessary and proper for carring into effect the powers hereby granted; such estate to be disposed of at public sale at such times and in such portions as the said administrators and the said James Darrah may deem most expedient, and so that the purchaser or purchasers thereof shall not be bound to see to the application of the money arising therefrom: Provided however, That before the execution or delivery of any deed or deeds, the sale or sales so made shall be approved of and confirmed by the Orphans' Court of Berks county, and the purchase money, after deducting the proper costs and expenses, shall be paid into said court for distribution, when the said administrators and the said James Darrah may execute and deliver a deed or deeds to the purchaser or purchasers for the property sold free and clear of all liens and incumbrances whatever: Provided, That this act shall not be intended to effect a certain annuity of two thousand dollars charged upon a part of said real estate, to wit: that part which formerly belonged to Samuel Jones, now deceased, situate in Lower Heidelburg township, Berks county, and containing six hundred and four acres and one hundred and thirty-four perches, upon which tract said Samuel Jones by his last will and testament charged said annuity; said charge to remain as heretofore: And provided further, That in the distribution as aforesaid by the Orphans' Court, the proceeds arising from the sale of that portion of the said real estate which the said James Darrah and Thomas H. Jones received from Samuel Jones, deceased, shall first be applied to the payment of such notes as the said Samuel Jones may have endorsed for the said Darrah and Jones, and which remain unpaid, and to the payment of the proper debts of said Samuel Jones, if any such there be, and that the proceeds of the above sales shall be deposited by the Orphans' Court of Berks county in the Farmers Bank of Reading for safe keeping, until the same can be distributed according to law.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The twenty-ninth day of March, A. D., one thousand

eight hundred and fifty-one.

WM. F. JOHNSTON.

No. 198.

AN ACT

To incorporate the Marietta and Mount Joy Turnpike Road Company, and relative to the collection of taxes in Manheim township, Lancaster 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 James Mehaffey, Thomas Zell, James Duffy, Jacob E. Kreybill, John Commissioners. G. Hoerner, Benjamin Hostetter, John Stauffer, Samuel Deyer, Jacob E. Cassel, Philip L. Etter, Abraham N. Cassel, Henry Hiestand, and Philip Royer, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the style and title of "The Marietta and Mount Joy Turnpike Road Company," Style. with power to construct a turnpike road commencing at the eastern end of Market street in the borough of Marietta, in the county of Lancaster, and thence to the town or borough of Mount Joy, subject to all the provisions and restrictions of an act entitled "An Act regulating turn- visions of cerSubject to propike and plank road companies," approved the twenty-sixth day of tain act. January, Anno Domini, one thousand eight hundred and forty-nine,

and the several supplements thereto.

SECTION 2. That the track of the said turnpike road is to be upon Track. the route or road formerly known as the Marietta, Richland, and Mount Joy Turnpike Road, and to run into two branches at the northern end thereof, and intersect the Lancaster, Elizabethtown, and Middletown Turnpike Road at the towns formerly called Richland and Mount Joy, now the borough of Mount Joy.

SECTION 3. That the capital stock of the said company shall consist Capital stock. of two hundred shares at twenty-five dollars per share: Provided, The said company may from time to time, at a meeting of the stockholders called for that purpose, increase their capital stock to such an amount as in their opinion may be required to complete the road according to the true intent and meaning of this act.

SECTION 4. That whenever the said track or turnpike road shall be laid and located upon any road now used as a township or county road, then, and in such case, no further or other damages shall be demanded by any one, or paid to any person or persons through whose land the same may pass, than the amount assessed and laid by the viewers or others who laid out such road under the then existing laws of this Commonwealth.

Damages.

SECTION 5. That the said company may commence the construction Commencement of their road at any intermediate point, provided such commence- of road. ment be made within five years after the passage of this act; and should said company fail to complete their road within ten years after the same shall have been commenced, then this act shall be null and void, except so far as shall be necessary to close up and settle the affairs of said company.

SECTION 6. All acts or parts of acts inconsistent with the provisions Repeal. of this act, are hereby repealed.

Taxes in Man

Lancaster

county.

SECTION 7. That the provisions of the seventh section of "An Ac heim township, authorizing the sale of certain real estate, to the collection of taxes in certain townships in Monroe, Berks, and Lancaster counties, and certain school districts in Butler, Franklin, Mifflin, Indiana, and Schuylkil counties," approved the tenth day of April, one thousand eight hundred and forty-eight, be, and the same are hereby extended to the township of Manheim, in the county of Lancaster.

Speaker of the Senate.

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

WM. F. JOHNSTON.

No. 199.

AN ACT

Authorizing the Governor to incorporate the Abington Turnpike and Plank Road Company, and conferring certain powers upon the supervisors of Exeter township, Luzerne 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 Commissioners. Andrew Bedford, Nicholas Reynolds, Syril Bailey, L. Batchelor, John

Style.

G. Fell, S. M. Wheeler, John Stone, Lemuel Stone, T. W. Patterson, H. W. Nicholson, John Thompson, Thomas Smith, John Miller, Ira Gardner, Rodman Sisson, and James Stone, or any five of them, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title, of "The Abington Turnpike and Plank Road Company," with power to construct a plank road or turnpike road, or each in part, from the village of Abington centre, in Luzerne county, to the summit depot of the Liggitt's Gap Railroad Company, in Abington township, Luzerne county, by the nearest and best route or routes as the president and directors may determine upon, subject to all the provisions and restricSubject to pro- tions of "An Act regulating turnpike and plank road companies," passed the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the several supplements thereto, excepting that portion of the thirteenth section of said act relating to toll, which discriminates in favor of wheels of the width of four inches and upwards; and the company hereby incorporated shall have power to regulate their tolls within the limits prescribed by the said thirteenth section, without reference to the width in any case.

visions of certain act.

Capital stock.

SECTION 2. That the capital stock of said company shall consist of one hundred and twenty shares, at twenty-five dollars per share: