Whereas, The road passing through the township of Kingston, from the northern line of the township of Plymouth to the southern line of Preamble. the township of Exeter, in the county of Luzerne, was originally laid out and opened ninety-nine feet wide, but questions as to the legality of the width and as to the authority of the supervisors over the whole of the said width have occasionally arisen, and persons living along the line of said road have from time to time moved their fences into and otherwise occupied the same to the serious annoyance of the public; Therefore,

For remedy whereof, and to prevent any difficulties hereafter:SECTION 6. That the original lines and width of so much of the said road as extends from the southern line of the cross road leading from Kingston township, Luzerne the village of Kingston to Wilkesbarre, to the southern line of the county, relative The township of Exeter, be, and the same are hereby legalized and confirmed, to a certain road and the space comprised within the same appropriated to the purposes of a public highway, to be opened and repaired in all respects as roads are opened and repaired which are laid out by order of the different courts of this Commonwealth.

SECTION 7. That the inhabitants living on or occupying land on either side of said road shall have the right to appropriate a portion of said road, not exceeding ten feet in width, to the purpose of side-walks and planting ornamental or shade trees; which portion shall, when once so appropriated, in no case be infringed upon by any supervisor for any purposes of the road or any other purpose whatever.

Side-walks.

Commissioners.

SECTION 8. That Andrew Beaumont and W. W. Ketcham and Anson Atherton be, and they are hereby appointed commissioners to re-survey the said road, and ascertain and fix the original lines of the same. It shall be the duty of the said commissioners, or a majority of them, after Duties. taking and subscribing an oath or affirmation before a justice of the peace to perform the duties enjoined on them by this act with fidelity and impartiality, to carefully retrace the original lines of the said road, and mark the same in such a manner as to enable the supervisors readily to find the same; and for the purpose of fulfilling the duties in this act enjoined, the said commissioners are hereby authorized to employ one surveyor at a per diem allowance of two dollars, and two chain carriers at a per diem allowance not exceeding one dollar; and the said com. missioners shall respectively receive a per diem allowance not exceeding one dollar and fifty cents for every day necessarily spent in discharge of the duties enjoined by this act, to be paid in manner and form hereinafter directed.

SECTION 9. That it shall be the duty of said commissioners to make out a fair and accurate draft of the location of said road, respectively noting the courses and distances as they occur; and on or before the first day September next deposit the said draft in the office of the clerk of the Court of Quarter Sessions of the county of Luzerne.

Draft.

SECTION 10. That the accounts of the said commissioners for their Accounts. own pay and the pay of the surveyor and chain carriers, shall be made out and returned to the commissioners of the county of Luzerne, and be paid out of the treasury of said county on warrants drawn in the usual way. And the said commissioners shall meet on or before the first day of June next and complete the view as soon thereafter as practicable, and if any vacancy or vacancies occur shall fill said vacancy or vacancies by the appointment of suitable persons who shall perform said duties.

SECTION 11. That as soon as practicable after the commissioners aforesaid shall have fixed the lines of said road, it shall be the duty of the Fences. supervisors of the township of Kingston to give ten days' notice to all

walks.

persons whose fences or buildings are in the road, or who may in any way illegally occupy said road, to remove the same and clear the road, and in default of compliance with the said order, then to proceed in the manner prescribed by the general road act of this Commonwealth in such cases made and provided.

SECTION 12. That any person or persons who shall wilfully or knowPenalty for cut-ingly cut, hack, break, or in any way injure any trees already standing, ting trees, &c., along said side- or which may hereafter be set out or planted along the side-walks made or to be made as aforementioned, or who shall ride or drive on the said side-walks, shall for every such offence on conviction before any justice of the peace in and for the county of Luzerne, beside the costs of prosecution, forfeit and pay not less than five nor more than fifteen dollars, one-half to the informer and one-half to the said township for the use of the poor of said township; and if the offender refuse to pay, the same shall be levied by distress and sale of the offenders goods by warrant, under the hand and seal of the justice before whom such offender shall be convicted, returning the overplus, if any, to the owner, the charge of distraining being first deducted; and for want of such distress he shall be committed to prison not less than ten days nor more than three months.

Commissioners.

Style.

SECTION 13. Thomas Irwin, J. Henry Hancock, Major Allen, William Montauge, John P. Rice, Jacob Rice, 2d, James R. Lewis, Thurman Atherton, Amos Brown, Obed Baldwin, Miles Con, Miles C. Richards, William J. Hunneywell, Joel J. Rogers, Milton Brown, Morgan Allen, William C. Reynolds, David Urquhart, Henry Worthington, Jeremiah Brown, and William M. House, of Luzerne county, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title, of "The Valley and Mountain Turnpike and Plank Road Company," with power to construct a turnpike or plank road, or a road part turnpike and part plank, from the Wilkesbarre bridge, in the township of Kingston, Luzerne county, to the village of Huntsville, in the township of Jackson, in said county, with power also to construct a road as aforesaid from McLellonsville, in the township of Dallas, in said county, to intersect the route last above mentioned, at or near the Fork's of Toby's creek, by such route as may be agreed upon and adopted by the stockholders, or a majority of them, at a meeting to be called for that purSubject to pro- pose, subject to all the provisions and restrictions of an act entitled visions of cer-An Act regulating turnpike and plank road companies," approved the twenty-sixth day of January, one thousand eight hundred and fortynine, and the several supplements thereto.

Location.

tain act.

Track.

Capital stock.

Commencement

of road.

SECTION 14. That the said shall have power and are hereby authorized to lay out and construct their said road and any part or parts thereof upon the track of any traveled road or roads along the route of the same, whenever to the said company it shall seem expedient.

SECTION 15. That the capital stock of said company shall consist of eight hundred shares, at twenty-five dollars per share: Provided, That said company may from time to time, by a vote of the stockholders at a meeting called for that purpose, increase their capital stock so much as in their opinion may be deemed necessary to complete the road and to carry out the true intent and meaning of this act.

SECTION 16. That if said company shall not commence the construc and completion tion of their road within three years after the passage of this act, and complete the same within five years thereafter, the sections of this act incorporating said company shall become null and void, except so far as

the same may be necessary to wind up the affairs and pay the debts of

said company.

APPROVED-The fourteenth day of April, A. D., one thousand eight hundred and fifty-one.

320.

WM. F. JOHNSTON.

SUPPLEMENT

To an act entitled "An Act to incorporate the American Baptist Publication Society," approved March twentieth, one thousand eight hundred and forty-five, to invest in Susan Erwin the title to certain real estate, and relative to assessors in the city of Philadelphia.

Charter of the

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 limitation contained in the following words "by, and the said cor- American Bapporation shall continue ten years and no longer," as found in the sixth tist Publication section of an act entitled "An Act to incorporate the American Baptist Society made Publication Society," approved the twentieth day of March, Anno perpetual. Domini, one thousand eight hundred and forty-five, to which this is a supplement, be, and the same is hereby repealed, and the charter of the said society made perpetual.

Title to certain

SECTION 2. That all the right, title, claim, or demand which this Commonwealth may or might have acquired, or now has or is entitled real estate to have or acquire by reason of a supposed escheat or right to escheat vested in Susan from the want of heirs of a certain Charles Erwin, late of the city of Erwin. *Philadelphia, deceased, in and to a certain small piece of ground in the said city south of High street, and between Decatur street and Seventh street, about twenty-one feet seven inches in length east and west, and about ten feet in breadth north and south-bounded on the north by parts of the rear end of two lots fronting on Market street, sold and conveyed by the sheriff to Elizabeth C. Erwin, Mary L. Erwin, Susan Erwin, junior, Margaret F. Erwin, and Louisa Erwin, south by Seventh street lot conveyed by Robert Erwin and wife to Abraham M. Cohen, west by the said last-mentioned lot, and east by a certain alley leading into Decatur street, whereof the said Charles Erwin was seised at the time of his death, be, and the same is hereby granted to and vested in Susan Erwin, of the city of Philadelphia, widow, her heirs and assigns forever.

Assessors in the

SECTION 3. That at the general election to be held in October next, it shall not be required to elect in either of the several wards of the city of Philadelcity of Philadelphia any person to fill the office of assessor; but that phia, relative to.

the persons already chosen or appointed assessors in the several wards of said city shall continue in office for the full term for which they shall have been chosen or appointed.

APPROVED-The fourteenth day of April, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

Time for the

of the New

ristown Rail

No. 321.

A SUPPLEMENT

1o an act incorporating the New Hope, Doylestown, and Norristown Railroad 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 time for the commencement of the New Hope, Doylestown, and commencement Norristown Railroad, be extended for the space of three years from the Hope, Doylesfirst day of May, Anno Domini, one thousand eight hundred and fifty. town, and Nor- one, and that the organization of the said company under their charter be continued in full force, with all the powers and privileges contained road Company in the original act of incorporation and its supplements, and that the stockholders of the said company be authorized to elect on the first day of May next a board of directors and officers, and to do all other acts and things authorized by the said act of incorporation, and its supplements, as fully and effectually as if the said act were re-enacted with power to commence the work at the eastern termination of said road. SECTION 2. That in lieu of the taxes imposed in the original act of incorporation, the same taxes shall be imposed on all tonnage and passengers passing over the road after its completion as now are or may hereafter be imposed on the Pennsylvania Railroad Company.

extended.

Tax.

APPROVED-The fourteenth day of April, A. D., one thousand eight

hundred and fifty-one.

WM. F. JOHNSTON.

No. 322.

AN ACT

To establish a board of health, and to secure the city and port of Pittsburg from the introduction of pestilential and contagious diseases, and relative to the granting of tavern licenses in Butler county.

SECTION 1. Be it enacted by the Senate and House of Representaives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That the select and common councils of the city of Pittsburg, in a joint Board of health meeting to be held within thirty days after the passage of this act, and on the last Monday of January annually thereafter, shall elect nine citizens who shall be taxable inhabitants of the city who shall constitute the board of health, of which a majority shall be a quorum. SECTION 2. That the board of health first elected and their succes- Incorporate. sors shall be, and are hereby erected into a body corporate in deed and in law, by the name, style, and title of "The Board of Health of the eity of Pittsburg," who shall have perpetual succession, and enjoy all the rights, liberties, and privileges, powers, authorities, and immunities, incident or belonging to a corporation or body politic, and by that Privileges. name may take and hold all the real estate necessary for the purposes and objects of the corporation, and shall also have and execute the powers and authorities hereinafter mentioned.

Style.

SECTION 3. That the said board out of their own body shall choose Officers. a president, who shall preside at the meetings of the board, and whose place shall be supplied in his absence by the appointment of a chairman for the time, a secretary whose duty it shall be to keep fair minutes of all the proceedings, rules, and regulations of the board, and a treasurer who shall give bond in amount and with sureties to be approved by the board, who shall receive all moneys belonging to the corporation, and pay and disburse the same upon the order of the board signed by the president and attested by the secretary, who shall keep fair and just accounts of his receipts and expenditures, and make extracts thereof whenever the board shall require the same, and shall once in every year, his accounts having been allowed by the board, publish the same in two newspapers published in the city of Pittsburg.

SECTION 4. That the said board shall sit upon their own adjournment Meeting of as they shall deem necessary, but shall meet at least three times a-week board of health. between the first day of June and first day of October in every year,

and also when the board shall be especially convened by order of the

president or any two of the members.

SECTION 5. That the said board shall have and is hereby invested May establish a with full power, when they shall deem it necessary for the protection of quarantine. said city against any prevailing pestilential or contagious disease, to establish a quarantine at some proper and convenient point beyond the limits of said city, and to erect or purchase a lazaretto and such public hospitals as may be necessary, and to make such rules, orders, and regulations as they may deem proper for the government and management of the lazaretto, and the vessels, cargoes, and persons there detained or under quarantine, and of the health office and public hospitals, and for