No 71.

.AN ACT

To authorize the overseers of the public school founded by charter in the town and county of Philadelphia, to sell and convey real estate.

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 it shall be lawful for the overseers of the public school founded by charter in the town and county of Philadelphia, in Pennsylvania, and they are hereby authorized and empowered from time to time, as they may judge it proper and expedient, and for the benefit of the funds entrusted to their care, to sell and dispose of by public or private sale or sales, and for full money, consideration in hand, or upon ground rent, all or any of the real estate belonging to the said "overseers of the public school," and to make and execute to the purchaser or purchasers thereof, good and sufficient conveyances therefor, in fee simple, without such purchaser or purchasers being bound to see to the application of the purchase money, or being liable in any respect for the execution or non-execution of the trust or trusts connected therewith: Provided, That the Court of Common Pleas of the city and county of Philadelphia shall approve of and confirm such sales: And provided further, That prior to such approval and confirmation, the said overseers shall give security to the satisfaction of said court, for the faithful appropriation of the proceeds of such sale or sales.

APPROVED-The twenty-fourth day of February, A. D., one thousand

eight hundred and fifty-two.

WM. BIGLER.

No. 72.

AN ACT

Providing for a lock-up in the borough of Harrisburg; relative to the auditors of said borough and the collection of taxes in the same; to Hancock street in the city of Pittsburg; to real estate in Potter county; and vacating & street in Kittanning, Armstrong 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 it shall be lawful for the chief burgess, assistant burgess, and town

in the borough

To provide for council of the borough of Harrisburg, in the county of Dauphin, and a lock-up house they are hereby authorized and empowered to have built, or otherwise of Harrisburg. provided and supported within the bounds of said borough, at the expense thereof, a, suitable building for the security and temporary detention and confinement of any person or persons committed by any justice of the peace, or any constable, or the chief burgess of said borough, for any violation of the laws of this Commonwealth, or of the ordinances of the borough aforesaid, there to remain and be kept until such offender or offenders can be removed to the common jail of said county (if committed for any indictable offence), or until discharged according to law: Provided, That no person or persons shall be confined in said lock-up house at any one time for a longer period than forty-eight hours, except such person or persons be charged with an indictable offence, or until discharged by law or removed to the common jail of the aforesaid county, by the proper officer.

Proviso.

Expenses, how paid.

Constables to keep lock-up

house.

SECTION 2. That the expense of arresting, binding over, or committing and keeping any such person or persons in said lock-up house or conveying him, her, or them, on any indictable offence, to the common jail of Dauphin county, shall be paid by the commissioners of said county, on the presentation of proper accounts to the said commission ers; but if, upon a hearing before any of the justices of the peace of said borough, such person or persons shall be discharged for want of sufficient cause to bind him, her, or them, over for trial at the next criminal court of said county, the said magistrate shall have power to require such person or persons to pay all the costs that may have accrued in the case (if to him it shall seem just and proper under all the circumstances), and to enforce the collection of the same by judg ment and execution in the ordinary way of collecting debts of like amount: Provided, however, That if such offender or offenders are unable to pay the costs, or should not be ordered to pay them by the magistrate, as above authorized, the same shall be paid by the treasurer of the borough of Harrisburg.

SECTION 3. That the high constable and other constables of the said borough of Harrisburg, shall keep the said lock-up house; and if any person or persons shall wilfully or maliciously destroy, or attempt Penalty for in- to destroy the said lock-up house, he, she, or they shall, upon convic juries. tion thereof by the Court of Quarter Sessions of Dauphin county, be sentenced to undergo an imprisonment in the Dauphin county prison for any period not less than six months, nor more than one year, for each and every offence.

Repeal of cer

fain act relative to auditors in Harrisburg.

Collection of

SECTION 4. That the fifty-fourth section of the act of the fourth day of March, Anno Domini, one thousand eight hundred and fortytwo, relating to auditors in the borough of Harrisburg, be, and the same is hereby repealed; and the auditing and settling of the borough accounts in said section referred to, shall be audited, settled and adjusted by a committee of the town council of said borough, appointed for that purpose, at the time and in the manner provided by the act of incorporation of said borough of Harrisburg.

SECTION 5. That the several collectors of borough taxes in the taxes in the bo- borough of Harrisburg, shall have the same power and authority, and they are hereby authorized to adopt the same remedies to enforce the payinent of borough taxes in said borough as are provided by law for the collection of county and township rates and levies.

rough of Harrisburg.

SECTION 6. That the seventh, eight, ninth, and tenth sections of an act entitled "An Act supplementary to an act entitled 'An Act to establish & uniform standard for the measurement of bitumin

to Hancock

ous coal, and authorizing the appointment of a wood inspector in Repeal of certhe borough of Lewistown; to extend Hancock street in the city tain act relating of Pittsburg,""&c., &c., be, and the same are hereby repealed, so street in Pittsfar as they relate to said Hancock street. burg. SECTION 7. That so much of the act of Assembly, approved the Repeal of certenth day of April, Anno Domini, one thousand eight hundred and tain act relating forty-nine, entitled "An Act relating to real estate in York and Potter counties, and for other purposes," as relates to, or confirms a sheriff's sale, or an official act made or performed by the sheriff of Lycoming county, of real estate situated in Potter county, be, and the same is hereby repealed.

to real estate in Potter county.

Market street in

SECTION 8. That all that part of Market street, in the borough of Kittanning, in the county of Armstrong, commencing at a point on Kittanning vasaid street, three hundred and six feet eight inches east from the inter-cated. section of said street with Back street, in said borough, and extending thence eastward toward the borough line a distance of one hundred and ninety-eight feet, be, and the same is hereby vacated.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER.

No. 73.

A FURTHER SUPPLEMENT

To the act to incorporate the Dauphin and Susquehanna coal company, passed the fifth day of April, eighteen hundred and twenty-six.

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 Dauphin and the Dauphin and Susquehanna coal company, in addition to the privi Susquehanna lege heretofore granted of extending their railroad to connect with the coal company public improvements in Dauphin and Lebanon counties, shall have full authorized to power to locate, construct and extend their said railroad so as to connect extend their also with the public improvements in Schuylkill county, and the said road. company shall have the power to increase their capital stock, and to create and sell bonds so as to meet their wants in the construction of the said extension of their railroad and for their general purposes: Provided, That no obligation or certificate of loan hereby authorized Proviso. to be executed shall be for a less sum than one hundred dollars.

SECTION 2. That it shall be lawful for said company to sell or dis- Sale of bonds. pose of their bonds, which it may issue in any case in which they are authorized to borrow money, at such prices and in such manner as they may deem expedient, and that the provisions of the eleventh section of

Borrow money

Proviso.

an act entitled "An Act to incorporate the Liberty fire company of Holmsburg, in the county of Philadelphia, approved the twenty-sixth at rates exceed- day of July, eighteen hundred and forty-two," which authorizes railing six per cent, road or canal companies to borrow money at rates exceeding six per cent. per annum, be, and the same shall be, extended to the Dauphin and Susquehanna coal company: Provided, That any loan or mortgage made, or to be made, under this or any other act, shall be postponed, to any debts or liabilities of the said company to contractors, laborers, or workmen, for work done or materials furnished under any contract made with the said company, dated or made before the making of such loan, or recording of said mortgage.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,
Speaker of the Senate.

APPROVED-The twenty-sixth day of February, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER.

No. 74.

A SUPPLEMENT

To an act relative to the claims of Sherman Bills, and Bills and Foreman, approved the fifteenth day of April, A. D., one thousand eight hundred and fifty-one.

WHEREAS, An act of the General Assembly was passed on the fifteenth day of April, A. D., one thousand eight hundred and fifty-one, entitled "Resolution for the relief of Sherman Bills, Indiana county; relating to the town of Minersville, in Schuylkill county; incorporating the borough of Shelocta, in the county of Indiana :"

And whereas, By said act it was intended to confer power on the Canal Commissioners to examine the claims of Sherman Bills and George D. Foreman, for work done by them at lock number eleven, and dam number five, on the Beaver division of the Pennsylvania canal; but that said act is so worded as not to express fully the intent and meaning thereof; for remedy whereof,

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 Canal Commissioners, be, and they are hereby authorized and directed to examine the claim of Sherman Bills and George D. Foreman, for work done on dam number five, and lock number eleven, of the Beaver division of the Pennsylvania canal, and to give to the said Bills and Foreman, the privilege of producing such testimony on the

subject as shall be in their power, and settle the same on such terms as shall be equitable and just.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED The twenty-seventh day of February, A. D., one thous and eight hundred and fifty-two.

WM. BIGLER.'

No. 75.

AN ACT

Authorizing John C. Plummer to build a lock in his mill-dam on the Youhio. gheny river.

mer authorized

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 John C. Plummer, of West Newton, in the county of Westmoreland, John C. Plum be, and is hereby authorized and empowered to construct and erect a to erect a lock lock at his dam on the Youhiogheny river, forty-five feet in the chamber, in the Youhio width, and one hundred and eighty in the chamber, length; to com- gheny river. mence erecting the same in one year from the passage of this act, and complete the same in two years thereafter, and said Plummer, his heirs and assigns, to keep said lock in good repair, and to have all the powers, privileges, rights, and immunities, as the Youhiogheny navigation company now have, and to be subject to all the penalties, restrictions, and reservations that said company are subject to, and to be proceeded against in the same manner on violation thereof: Provided, That as Proviso soon as the Connellsville and West Newton navigation company shall have completed the erection of two dams, with locks of sufficient capacity for the passage of steamboats above said Plummer's dam, on the Youhiogheny river, and the said company wishes to take possession of the lock and dam of said Plummer, they are hereby authorized so to do, on paying or securing to be paid to the said Plummer, his heirs and assigns, such valuation as may be agreed upon by the parties; but if the parties cannot agree, then, and in that case, the value of the work to be estimated by a competent engineer, to be selected by the managers of the Monongahela navigation company: Provided also, That the lock of the said improvement shall be located and constructed under the direction of an experienced engineer, chosen by the said J. C. Plummer and the president of the Connellsville and West Newton navigation company, and if the parties cannot agree, then, and in that case,