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Proviso.

Proviso.

Doge.

Owners of dogs liable for damagea.

and every offence to be collected by action of debt in the name of said borough, and to be applied to the ordinary funds of the same: Provided, That nothing in this act shall exempt any seller of vinous, malt, or spirituous liquors upon obtaining license as aforesaid from the payment of the mercantile tax to the Commonwealth as provided by existing laws: And provided further, That in addition to the penalty aforesaid, any person violating the provisions of this act may be prosecuted by indictment in the Court of Quarter Sessions of said county, and upon conviction be sentenced to imprisonment not exceeding three months, and to a fine not exceeding one hundred dollars; one-half of such fine to the use of the prosecutor, and the other half to the said borough.

SECTION 7. That it shall be lawful for any person or persons to shoot or kill any dog or dogs found or known to be chasing or worrying sheep, or accustomed so to do within this Commonwealth, without liability on the part of such person or persons to pay any damages therefor.

SECTION 8. That from and after the passage of this act, the owner or owners of any dog or dogs shall be liable for all damages done, or caused to be done, by any and every such dog or dogs in an action of trespass vi et armis, in the name of the person or persons injured to be sued for and recovered before any court or justice of the peace having jurisdiction of the amount so claimed.

JOHN CESSNA,

Speaker of the House of Representatives

BENJAMIN MATTHIAS,

Speaker of the Senate.

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

WM. F. JOHNSTON.

Tolls.

No. 369.

A SUPPLEMENT

To the act authorizing the Governor to incorporate the Tionesta plank road company; to incorporate the Citizens' Cemetery; to authorize Myron Park, and Mary C. Hays to sell real estate; relative to damages on the Erie extension; to school directors in Venango county; to the bottlers of cider and malt liquors in Philadelphia; to the collateral inheritance tax; requiring railroad, turnpike, and plank road companies to grade streets and roads where their roads cross the same; and to the Marion hose, and Humane fire companies, in the county of Philadelphia.

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 it shall be lawful for the Tionesta plank road company whenever three miles of their road shall be completed, to receive tolls on the same at the same rate per mile as authorized by their original charter.

WHEREAS, The persons hereinafter named, have entered into an greement to purchase a piece of land near to the borough of Mercer, ontaining about four acres, for the purpose of converting the same into cemetery, and as they are desirous that they and their successors may e incorporated for the purpose of establishing and perpetuating such emetery; therefore,

SECTION 2. That Lewis Weaver, Henry Forker, R. L. Maxwell, W. Maxwell, R. T. Clark, J. R. Hunter, Joseph Gordon, Samuel Griffith,

Preamble.

. Hanna, J. Sykes, W. M'Millan, J. M'Birney, John Sloss, B. Lind- Corporators. ay, W. S. Rankin, B. H. Henderson, John S. Pearson, William M. Hibson, E. F. Pearson, W. Stewart, J. Pew, George Kline, W. Gregory, Joseph Sheriff, T. Graham, R. Shepler, J. Phipps, J. Pearson, J. Hofack, A. Stewart, Joseph Shepler, Joseph Forker, E. W. Carter, W. M. Stevenson, J. L. M'Quillan, Thomas J. Mowry, Joseph Thompson, John Moore, A. E. Eberhart, T. J. Hirst, J. Baskin, John Forker, George Bell, Adam Forker, J. D. M'Gill, and their successors, be, and they are hereby created a body politic and corporate, in law, by the name, style, and title of the "Citizens' Cemetery," and by that name Style. shall have perpetual succession, and be able to sue and be sued, in any court of law or equity, and may have and use a common seal, and the same at their pleasure to alter or renew, and shall have power to pur- Privileges. chase, have, hold, and enjoy, to them and their successors, the aforesaid piece of land with such other real estate as they may require for the purpose of establishing said cemetery: Provided, That the whole Proviso. quantity of land to be held by them shall not exceed twenty acres; and the said corporation shall have authority to receive gifts or bequests for the purpose of ornamenting or improving said cemetery, and to hold such personal property as may be necessary to carry out the object of this act.

SECTION 3. That the affairs of said corporation shall be conducted Affairs how by a president, and six managers, who shall be elected by a majority of conducted. the votes of the members of the corporation, on the first Monday of June, in each and every year, and in case no election shall be held at the time aforesaid, the officers of the preceding year, shall continue in office until an election shall be held; the said president and managers shall fill all vacancies which may occur in their own body, by selecting a lot-holder, to supply any such vacancy occurring by resignation, removal, death, or otherwise; and shall have power to lay out and ornament the grounds purchased for the said cemetery; to erect such buildings thereon as may be necessary for the enjoyment of the same; to lay out, sell, and dispose of burial lots; to appoint all necessary officers, and fix their several duties and compensation, and to make such bylaws, rules, and regulations as they may deem proper for conducting the affairs of the corporation, for the government of lot-holders, and visitors to the cemetery, and for the transfer of lots and the evidence thereof. SECTION 4. That every lot conveyed in such cemetery shall be held Lots. by the proprietor for the purpose of sepulture alone, transferable with the consent of the president and managers, and shall not be subject to attachment or execution, and that the said cemetery shall hereafter be forever exempted from taxation except for State purposes.

ders to become members.

SECTION 5. That as soon as the money received from the sale of When lot-hollots in said cemetery shall be sufficient to pay the purchase money expended by the persons hereby incorporated with interest, and the expenses that shall have been incurred by them in laying out, enclosing, and improving the grounds and erecting the necessary buildings, then each lot-holder shall become a member of the corporation, and have a right to vote for the officers thereof, and at all elections held thereafter under

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this act each member of the corporation shall be entitled to one vote and no more: Provided, That all the money raised thereafter from Bale of lots shall be expended in improving, repairing, and maintaining said cemetery And provided further. That until an election shall held under the provisions of this act, the persons hereby incorporated shall be the managers of the corporation.

WHEREAS, David B. Hays, late of the county of Mercer, and State of Pennsylvania, deceased, became the purchaser of several tracts or parcels of land which he held as trustee for his clients and others:

And whereas, He held in his own right various tracts and pieces land which he had contracted to sell:

And whereas, He held claims to other lands which were in dispute at the time of his decease:

And whereas, It would greatly facilitate the settlement of the estate of said deceased, and tend greatly to subserve the interest of all per sons for whom he held land in trust, to authorize some person to sell the same, et cetera; therefore,

SECTION 6. That Myron Park, guardian of Frederick and Samue Hays, minor children of said D. B. Hays, deceased, and Mary C. Hays. widow of said deceased, be hereby authorized to make, execute, and de liver, deed or deeds, to all and every person or persons whomsoever fo whom the said D. B. Hays, deceased, held the same in trust, on being paid all reasonable charges which the said trustee had and held against the same, and further, that the said Myron Park as guardian aforesaid, and the said Mary C. Hays be hereby authorized to settle all disputes arising out of claims to real estate held by the said deceased upon such terms as they may think just and equitable, and further, that they the said Myron as guardian, and Mary C. Hays be hereby authorized to make, execute, and deliver, a deed or deeds to all and every person or persons to whom the said D. B. Hays had articled to sell land on the purchase money due thereon being paid to the executor of said D. B. Hays, deceased, and further, that the said Myron Park as guardian aforesaid, and Mary C. Hays be hereby authorized to sell at public sale, at such time as they may think proper, any part of or all of the real estate of said D. B. Hays, deceased, situate either in Mercer or Venango counties, and to make, execute, and deliver, to the purchaser or purchasers of said real estate or any part thereof, a deed or deeds in fee simple for the same, upon the payment of the purchase money: Provided nevertheless, That before the said Myron Park guardian, aforesaid, and the said Mary C. Hays be authorized to sell the said real estate, they are required to give bond in the name of the Commonwealth of Pennsylvania, in such sum as shall be required by the judges of the Court of Common Pleas in the counties where such lands are located, and which bond is to be approved by the said court conditioned for the faithful application of the money arising from such sale according to law: And provided: That such sales are approved of and confirmed by the said courts.

SECTION 7. That the act entitled "A suppplement to the act for the determination and settlement of claims for damages done by the construction of the Conneaut line, Erie extension, of the Pennsylvania canal," approved the tenth day of March, one thousand eight han dred and forty-eight, be, and the same is hereby revived and continued in force for two years from the passage and said act is hereby declared to apply only to the Shenango line of the Erie extension, from New Castle northward to the Conneaut lake: Provided, That the Canal Commissioners shall not, in any case, re-examine any claim to which an award has heretofore been made or paid.

houses.

SECTION 8. That from and after the passage of this act, it shall be School directors lawful for the school directors in the various school districts in Venango to erect school county, to locate and erect school houses in their respective districts, in such situations as will best promote the interests of the sub-districts: Provided, That the said directors shall be liable for any damages sustained by the owner or owners of any land or lands upon which said school house or houses shall be erected, in consequence of the erection of said houses, which said damages shall be assessed by a jury of six persons, appointed by the Court of Common Pleas of Venango county, and their report and the proceedings thereon shall be the same in every respect as in the case of opening of roads under existing laws.

SECTION 9. That no person in the city and county of Philadelphia, Licenses of who may pursue the business of a bottler of cider, perry, or malt bottlers of cider, liquors, and who does not pursue that of a tavern keeper, shall be compelled to pay the amount of license now required to be paid by a tavern keeper.

&c., in Phila-
delphia co.

SECTION 10. That the treasurer of the county of Philadelphia is Refunding of hereby authorized to refund the amount of shop tax and tavern licen- shop taxes. ses paid to the said treasurer for the use of the Commonwealth, by the sufferers of the great fire in the city and county of Philadelphia, on the ninth July, one thousand eight hundred and fifty, said moneys to be taken out of any money in the hands of said treasurer, collected in the city and county for State purposes.

SECTION 11. That the first section of the supplement to an act en- Repeal. titled "An Act to create a sinking fund, and to provide for the gradual and certain extinguishment of the public debt, and to authorize a loan," approved May fifteenth, one thousand eight hundred and fifty, be, and the same is hereby repealed.

SECTION 12 That all companies oonstructing railroads, turnpike or Duties of complank roads, through the township of Blockley and Kingsessing, in the panies. county of Philadelphia, shall, where their road crosses streets or roads in said townships, grade or embank such streets or roads as the case may be, so as to make good and sufficient crossings, and water courses at the crossings of said streets or roads, and keep the same in good repair, and upon neglect or refusal of said company or companies to have such crossings made good or repaired after ten days' notice being given them by the proper authorities of said townships, the supervisor of said townships may proceed and put the same in good order, and charge the same to said company, which amount may be collected as like amounts are now by law collected in said county; this act shall extend to the Philadelphia and West Chester turnpike road company.

SECTION 13. That from and after the passage of this act, the Marion Duties of Marhose company in the district of Southwark, and the Humane fire ion Hose and company of the district of the Northern liberties, in the county of Humane fire Philadelphia, shall be authorized to ring the stationary alarm bell al- companies. ready erected in the tower of their hose houses in time of fire, any thing contained in the third section of the act of the seventh March, one thonsand eight hundred and forty-eight, entitled "An Act for the better regulation of the fire department in the city and incorporated districts of the county of Philadelphia" to the contrary notwithstanding.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

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

hundred and fifty-one.

WM. F. JOHNSTON.

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No. 377.

AN ACT

Declaring certain streams in the counties of Lycoming, Elk, and Clearfield public highways, and relative to the claim of Benjamin Corle; to the estate of Louisa Peneau; to the borough of Easton, Northampton eunty; to confer the rights of legitimacy on Andrew Jackson M'Burney and Margery M'Burney; to the erection of a new school district in Greene county; and to the Jersey Shore bridge 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 from and after the passage of this act, Otter Run, in the county of clared a public Lycoming, shall be declared a public highway, from its connection with the first fork of Pine creek, three miles up the same.

Otter run de

highway.

Tombs' run.

Upper Pine Bot

toin run.

Harris' run.

Little Mahoning.

Mix run.

Trout run.

Medock's run.

Little sandy creek.

SECTION 2. That Slate or Tomb's run, in said county, shall be declared a public highway from its connection with Pine creek, six miles up the said run.

SECTION 3. That Upper Pine Bottom run, in said county, be declared a public highway, from its connection with Pine creek, three miles up the said run.

SECTION 4. That Harris' run, in said county, shall be declared a public highway, from its connection with Pine creek four miles up the said run.

SECTION 5. That Little Mushannon creek, in the county of Clearfield, be declared a public highway from its connection with the West Branch of the Susquehanna river, the distance of ten miles up said creek.

SECTION 6. That Mix run, in the county of Elk, be declared a public highway, from its connection with Bennett's branch of the Sinne mahoning, eight miles up the said run.

SECTION 7. That Trout run, in the county of Elk, be declared a public highway from its connection with Bennett's branch of the Sinnemahoning, ten miles up said run.

SECTION 8. That Medock's run, in the county of Elk, be declared a public highway, from its connection with Bennett's branch of the Sinnemahoning, six miles up said run.

SECTION 9. That Little Sandy creek, from its junction with Red Bank creek in Armstrong county, up said stream to Alexander M'Kinstry's saw mill, in Jefferson county, the same being the north branch of said creek; and also that the south branch of said creek, from its junction with the north branch at Geist's mill dam, up said south branch to Cambell's and Mundorff's mill, formerly known as Sprankle's mill, in Jefferson county, be, and the same are hereby declared to be public highways, subject to the same privileges and restrictions con tained in the act passed the seventeenth day of January, one thousand eight hundred and thirty-one, for declaring a certain part of the river Susquehanna a public highway: Provided, That this act shall not be so construed as to effect the rights of any persons having a dam or dams across any of the streams hereby declared public highways, or affect private property.

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