Certain convicts

ment.

Proviso.

and it shall be the duty of the attending physician of said prison to certify to the commissioners the name and age of every person who may die in said prison, together with the disease or cause of death of each person so far as he can ascertain the same, which certificate the commissioners shall cause to be entered of record in a book to be kept by them for that purpose, and already several times referred to in this act, and the original shall be by them delivered to the clerk of the Court of Quarter Sessions, to be by him filed in his office for the inspection of all interested, the county commissioners shall have power, and they are hereby directed and required, unless where the friends of the deceased will take charge of the body, to have such deceased person interred in a peace of ground to be by them set apart or procured as a burial ground for the bodies of persons as aforesaid, which piece of ground shall also hereafter be the place of burial of all such as may hereafter suffer death in the county of Schuylkill by capital punishment.

SECTION 6. That the board of county commissioners of the county to be discharged of Schuylkill shall be, and they are hereby authorized to discharge from imprison from prison without the delay and expense of any proceeding under the insolvent laws of this Commonwealth, every convict who shall have served out the term of his imprisonment at labor to which such convict now has been or hereafter may be sentenced, notwithstanding such convict shall not have paid the costs of prosecution, fine to the Commonwealth, or restored to the owner the property stolen, or paid the value thereof, if, in the opinion of said board of commissioners, such convict is unable to pay or restore the same: Provided always, That such discharge shall in no way interfere with the rights of this Commonwealth, the public officers, or of any 'person interested in the payment or restitution thereof, to proceed by action to recover the amount from the property of such convict, but no such discharge shall be allowed or granted by said board of commissioners until such convict shall have exhibited to them on oath or affirmation, duplicate schedules of all his or her property real, personal, or mixed, to which he or she is in any manner entitled, as far as he or she can ascertain the same, one of which schedules or lists of property, shall be by said commissioners filed and preserved with the papers of the prison, and the other forthwith delivered to the clerk of the Court of Oyer and Terminer, or Quarter Sessions, as the case may be, of the county of Schuylkill, who shall file the same in his office with the other papers relating to the

Sales of articles

hibited.

case.

SECTION 7. That no commissioner, keeper, matron, or other perto prisoners pro- son employed or appointed to execute any duty, trust, or employment in or about the Schuylkill county prison shall, without permission from the board of commissioners, sell any articles of any kind to a prisoner, or to or for the use of the prison aforesaid, or be concerned in any contract connected with such sale, or derive any emolument from such sale or contract; nor shall either, or any of them, extend to any person confined in said prison any favor, lenity, or mitigation of punishment, or inflict any punishment not authorized by this act or by any subsequent act that may be passed, or the rules that are to be made by the commissioners in accordance therewith, and any violation of this law or any subsequent act relative to said prison shall be considered and adjudged a misdemeanor, and on conviction for any such offence before the Court of Quarter Sessions, the person so offending shall be punished by any fine not less than twenty nor more than five hundred dollars, and be imprisoned for a term not less than three nor more than twelve months, and shall also be immediately removed from such office or appointment.

SECTION 8. That the penalties imposed by this act, the recovery Penalties, how of which is not herein specially provided for, shall be recovered in the recovered. name of the Commonwealth of Pennsylvania for the use of the county

of Schuylkill by an action of debt in any court of record having jurisdiction of sums in that amount.

SECTION 9. That for the funds necessary for keeping, furnishing, Expenses, how and maintaining said prison, in conformity with the provisions of this act, defrayed. the commissioners are hereby authorized to draw their orders on the treasurer of said county in such sums, and at such times, as shall be necessary to satisfy all just demands.

SECTION 10. That the treasurer of the said county of Schuyl- Duties of counkill shall, in addition to his other duties, keep separately a just and ty treasurer. true account of all moneys disbursed on said prison, which account shall at all times be open to the inspection of the commissioners, and each of them; he shall once in each year, in connection with the county statement, state his prison accounts, for which, after inspection by the commissioners, he shall produce his vouchers, and lay before the county auditors for settlement to be acted and reported on in connection with, and as all other accounts of the county are by law authorized to be settled, and shall be subject to like appeal, issue, and judgment, which account, when so settled, the commissioners shall cause to be published in a manner similar, and in connection with the annual account of county expenditures; he shall deliver to his successor in office all books, papers, documents, and other things held in right of his office for said prison.

SECTION 11. That the keeper of said prison when qualified to Duties of keepact, and when he shall in the said new prison have entered on the dis- ers of prison. charge of his duties shall, and he is hereby required and directed to receive and take charge of all persons lawfully committed by any court, magistrate, alderman, or justice of the peace, or other officer having power to commit to prison, and said keeper shall be responsible for the safe keeping of all persons so committed, in the same manner, and to the same extent, that sheriffs and jailors are now by law held liable.

Time for the

SECTION 12. That it shall be the duty of the Court of Quarter Sessions of Schuylkill county, or two of the judges of said court, the president reception of being one, to determine at what time the Schuylkill county prison shall convicts. be fitted and prepared to receive convicts and other prisoners, and when the said court or judges shall so determine and decree, an entry to that effect shall be made in the records of said court, from which time this

law shall go into full force and effect.

SECTION 13. That the keeper shall, before entering on the duties of Keeper of prison his appointment, give bond to the Commonwealth of Pennsylvania, with to give bond. such an amount and such surety as the Court of Quarter Sessions of Schuylkill county shall determine and approve, conditioned for the faithful discharge and observance of all duties enjoined on him by this act, or which shall be by any subsequent act that may be passed, or by rules to be made or which may be made by said commissioners, in accordance therewith, for a just and accurate account of all moneys, goods, chattels and effects of all kind and description, whatsoever, that may come into his hands, or be placed under his care, in pursuance of said appointment, on behalf of said prison, or any person confined therein; for the delivery to his successor in office, of all books, papers, and documents, also, of all goods, chattels, and effects, which he may have and hold in right of said appointment, and for the payment of any balance of money belonging to said prison, or any person confined therein, remaining in his hands, and for the safe keeping of all prisoners, and other persons, committed to his charge, which bond shall stand for the

Repeal..

use of any person or persons injured by the acts or delinquencies of said keeper, and may be proceeded on by any person aggrieved, in the same manner directed as to sheriffs' bonds; the matron and all other persons employed in or about the prison, shall, if the commissioners require it, give bond, with security in amount as aforesaid, conditioned as near as practicable to that of the keeper, and in such other manner as the commissioners shall fix and determine.

SECTION 14. That all acts of Assembly, heretofore passed, on the subject of county prisons, so far as the same are inconsistent with this act, are hereby repealed, so far as regards the Schuylkill county prison. SECTION 15. That the eighth article of the eighth section of the act eighth article of of the twenty-third April, one thousand eight hundred and twenty-nine, eighth section of relative to the penal laws of this Commonwealth, shall be, and is hereby act of 23d April, so modified, that hereafter, the commissioners and keeper, may, if they

Modification of

1829.

think it expedient, furnish to a discharged convict, any sum not exceeding ten dollars, out of the annual appropriation made by the State for tha:

purpose.

SECTION 16. That the president, members of the town council, and of the board of school directors of the district, of the corporation of the borough of Pottsville, shall continue in office until the next borough Election of offi- election, to be held for said borough, and no longer; and that thereafter, cers in the bor- the town council, and the board of school directors shall consist of twelve ough of Potts- members, each, and that each ward in said borough, shall, respectively,

ville.

Auctioneer in

Pottsville.

be entitled to elect three members of the town council, and three members of the school board, at the next election, as aforesaid; one of each to serve for one year, one of each to serve for two years, and one of each to serve for three years; and that, annually, after the next borough election, as aforesaid, each ward shall elect one member of the town council, and one member of the board of school directors, as aforesaid, each to serve for three years, and that, hereafter, in lieu of the mode now provided for electing the town clerk, for said borough, he shall be elected, annually, by the town council, at the next stated meeting after the borough election.

SECTION 17. That from and after the passage of this act, the Governor the borough of is hereby authorized and required to commission some suitable person, in the borough of Pottsville, Schuylkill county, as an auctioneer, who is hereby authorized to sell at public auction, all kinds of goods, wares, merchandize, lands, tenements, and property of all kinds, yielding and paying to the Treasurer of this Commonwealth, one per cent. on all the property sold, after he shall have sold, annually, property to the amount of ten thousand dollars, before he shall be compelled to pay anything to the State; and said auctioneer shall be authorized to make sales in such place in said borough, at all times, as he may select: Provided, That the person appointed auctioneer, as aforesaid, shall pay into the Treasury of the Commonwealth, the sum of twenty five dollars for his

Borough of

Minersville erected into

commission.

SECTION 18. That the borough of Minersville, in the county of Schuylkill, be, and the same hereby is divided into two wards; That all that portion of said borough, east of Third street, shall be a ward separate wards. and separate election district, to be called East Ward, and all elections therein shall be held at the public house now owned by Michael Weaver; and that all that portion of said borough, west of Third street, shall be a ward and separate election district, to be called the West Ward, and all the elections therein shall be held at the public house now occupied by Owen Thompson.

Voters of Frai

SECTION 19. That from and after the passage of this act, it shall, ley and Tremont and may be lawful for the qualified voters of Frailey and Tremont

to elect one

townships, in the county of Schuylkill, to elect but one supervisor, townships, instead of two, who, together with the auditors of said townships, shall Schuylkill co., determine, levy, and assess the amount of road tax required for each supervisor. year, not exceeding six mills on the dollar of the assessed valuation of the property for county and State purposes; and that he shall give a bond to the amount of the road taxes assessed the preceding year, with Road tax. sufficient security to the auditors of said townships, in the name and for the use of said township, for the faithful performances of his duties; and the said supervisor shall, after having given at least ten days' notice, by putting up not less than five written or printed advertisements in as many public places, in said townships, of the time and place, give out by public outcry, to the lowest and best bidder, the making and repairing of the public road or roads in said townships: Provided, That Proviso. the supervisor shall be, and hereby is required to visit and inspect the making and repairing of the public road or roads in said townships, at least, three times during every month, and be fully satisfied, before payment be made, that the contractor or contractors have fully complied with his or their contracts; for which services so rendered, the said supervisor shall receive a compensation, not exceeding fifty dollars, to be determined by the auditors of said townships, upon the settlement of their accounts by said auditors.

JOHN S. RHEY,

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

and fifty-two.

WM. BIGLER.

No 156.

AN ACT

To authorize the laying out of a State road from Brighton bridge, in Beaver county, to Martin Burns', in Allegheny county; and also from New Cumberland, in Cumberland county, to the east end of the Lisburn bridge, in York county; to authorize the erection of a lock-up house in the City of Lancaster; relative to the Franklin railroad company; and extending the time for the completion of the Lancaster and Ephrata turnpike and plank road 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 William Morrison, of Ohio township, Allegheny county, Alexander Commissioners. Gilespie, of Butler county, and Francis Hoops, of Beaver county, be, and they are hereby appointed commissioners to view and lay out a State road from the east end of the Brighton bridge, in Beaver county, by way of the Great Nob in said county, to Martin Burns', on the Franklin or plank road, in Allegheny county.

Duty of commissioners.

Further duties.

SECTION 2. That it shall be the duty of said board of commissioners, of a majority of them, after taking and subscribing an oath or affirmation before some competent authority to perform the duties enjoined upon them by this act, with impartiality and fidelity, to carefully view the ground over which said road may pass, and lay out the same on the nearest and best ground to a straight line, and in no place to exceed an elevation of four degrees from a horizontal line, except on crossing ravines where moderate filling is required.

SECTION 3. That it shall be the duty of the said commissioners, plain and distinctly to mark the ground on the route agreed upon for the road aforesaid, in such 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, at a Compensation. per diem allowance not exceeding one dollar, each, two chain-carriers and one axe-man; and the said commissioners, respectively, shall receive a per diem allowance of one dollar and fifty cents per day, for each day necessarily expended in the discharge of the duties by this act, and the said commissioner, performing the duty of surveyor, shall have and receive an additional compensation of fifty cents per day, for each and every day spent in the laying out said road, to be paid in the manner and form as hereinafter directed.

Drafts to be made out and filed.

Accounts, how settled.

Meeting of commissioners.

Commissioners.

Duties of Commissioners.

SECTION 4. That it shall be the duty of the 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, the improvements, and also the crossings of township lines, roads, and waters, with such other matter as may serve for explanation, one copy whereof shall be deposited in the office of the Secretary of the Commonwealth, on or before the first day of December next, and one copy in the offices of the clerks of the courts of the respective counties in which the said road may be laid out, on the day aforesaid, or as much sooner as practicable which shall be record thereof, and from thenceforth the said road shall be, to all intents and purposes, a public highway, and shall be opened to the breadth of thirty-three feet, at least, and repaired, in all respects, as roads are opened and repaired which are laid out by order of the courts of the several counties through which the said road shall pass.

SECTION 5. That the accounts of the said commissioners, for their own pay, and the pay of their chain-carriers and axe-men, shall be made out and returned to the commissioners of the several counties through which said road may pass, or be located, in proportion to the time spent in the respective counties in locating said road, and that they be paid out of the treasury of each of the respective counties on warrants drawn in the usual way.

SECTION 6. That the said commissioners shall meet on or before the first day of June next, or as soon thereafter as practicable, and complete the view of said road, and if any vacancy should occur, the Court of Quarter Sessions of the county where such vacancy occurs, shall supply the same by appointment of some suitable person or persons to perform such duty.

SECTION 7. That George F. Carl, and Henry W. Huff, of York county, and John Eichelberger, of Cumberland county, be, and they are hereby appointed commissioners to view and lay out a road from New Cumberland, in Cumberland county, to the East end of the Lisburn bridge, across Yellow Breeches creek, in York county.

SECTION 8. That it shall be the duty of said commissioners, or a majority of them, after having been duly sworn or affirmed before a justice of the peace, to perform the duties enjoined upon them by this act, with impartiality and fidelity, to carefully view the present roads and parts