Suits for powder seized.

Seizures during fires.

afford a probable cause of belief that any gunpowder or gun cotton has been brought into, or is kept within the said city, or in the harbor thereof, contrary to the provisions of this act, or any of the provisions of the acts now in force relative to the introduction of gunpowder or gun cotton into the city of Philadelphia, it shall be lawful for the said mayor or alderman to issue his warrant or warrants, under his hand and seal, to any sheriff, marshal, constable, or other fit person, commanding him or them to search for such gunpowder or gun cotton, in the day time, wheresoever the same may be in violation of said acts, and to seize and take possession of the same, if found, and to convey, or cause the same to be conveyed forthwith to any magazine used for storing gunpowder.

SECTION 6. That all actions or suits for the recovery of any gunpowder or gun cotton, which may have been seized and stored in any magazine by virtue of the provisions of this act, or for the value thereof, or for damages sustained by the seizure or detention thereof, shall be brought against the Philadelphia association for the relief of disabled firemen, and shall be commenced within three calendar months next after such seizure shall have been actually made, and in case no such action or suit shall have been commenced within such period, such gunpowder or gun cotton shall be deemed absolutely forfeited to the said Philadelphia association for the relief of disabled firemen, and may be immediately delivered to the proper officers thereof for its use. No penal damages shall be recovered in any such action or suit; and such gunpowder or gun cotton may at any time during the pendency of any such action or suit, by consent of the parties thereto, be sold, and the money arising from such sale be paid into the court where such suit or action may be pending, to abide the event thereof.

SECTION 7. That if any gunpowder or gun cotton, exceeding the quantity mentioned in this act, shall be found in the posses sion or custody of any person or persons, in violation of the provisions herein contained, by any fireman of any company belonging to the fire department of the said city during any fire therein, it shall be lawful for such fireman to seize the same without any warrant, and to immediately convey the same, and report such seizure to the chief engineer of the fire department, or in his absence the acting assistant engineer; and the said chief engineer or assistant shall convey, or cause it to be conveyed to any magazine for the storing of gunpowder, there to be detained until it be decided by due course of law, in accord ance with the provisions of this act, whether such gunpowder or gun cotton be forfeited.

Fines and penalSECTION 8. That any violation of the provisions of this act ties for illegally relative to the keeping of gunpowder or gun cotton, or of any keeping. of the provisions of the acts now in force relative to the intro duction of gunpowder or gun cotton into the city of Philadel phia shall, in addition to the forfeiture of the gunpowder or gun cotton as herein before provided, also subject the offender or offenders to a fine of five hundred dollars for each offence, to be recovered, with costs of suit, in an action of debt in any court having cognizance thereof, by, to and for the use of the Philadelphia association for the relief of disabled firemen. And all gunpowder or gun cotton found within the city of Philadelphia, in violation of the provisions in this act contained, shall be for.

feited to the use of the aforesaid Philadelphia association for the relief of disabled firemen.

SECTION 9. That all and singular the provisions of this act Seizure of saltrelative to the recovery of any penalty, and the seizure and for- petre, &c feiture of gunpowder or gun cotton, be and they are hereby extended to the recovery of any penalty, and the seizure and forfeiture of all saltpetre introduced, stored, deposited or kept in said city, in violation of the acts relative thereto now in force in said city; and the said penalty and ferfeiture shall be to and for the use of the aforesaid Philadelphia association for the relief of disabled firemen, against whom all suits or actions for its recovery shall be brought, in accordance with the provisions of this act.

SECTION 10. That all actions for any penalty incurred for vio- Limitation of aelation of any of the provisions of this act, or of any of the tions for penalties acts now in force relative to the introducing, keeping, storing or depositing of gunpowder, gun cotton or saltpetre within the city of Philadelphia, shall be commenced within one year next after incurring such penalty.

SECTION 11. That all laws or parts of laws heretofore passed Repeal. inconsistent with the provisions of this act, be and they are hereby repealed.

RICHARDSON L. WRIGHT,
Speaker of the House of Representatives.

WM. M. PIATT,

Speaker of the Senate.

APPROVED-The twentieth day of March, Anno Domini one thousand eight hundred and fifty-six.

JAMES POLLOCK.

No. 162.

A SUPPLEMENT

To an act to incorporate the Conestoga and Beaver Valley Turnpike 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 it shall be lawful for the said company, by their properly con- May vary route. stituted directors, in the location of the road, to vary the route thereof designated in the act to which this is a supplement, between the contemplated crossings of Conestoga and Mill creeks, so as to intersect the public road from the Strasburg road to the Buck tavern, southward of the junction of the road via Stoner's saw mill on Mill creek, but northward of the dwelling house of John Eshleman, in West Lampeter township; and from Mill creek to follow the most eligible course, with respect to grade and direction, to reach the valley of Big Spring run

Privileges continued.

at any point above its confluence, and carry the line on either side of the stream towards its source, on the parallel public road or otherwise, to the intersection of the road from Strasburg to Blue Rock, eastward of the dwelling house of Christian Rohrer, near Big Spring; thence to pursue the public road to the Green Tree tavern, by the way of the residence of Jacob Herr, to the intersection of the original route at Pequa creek, described in the act to which this is a supplement, with full and absolute power to vary from such road wholly or in part, at any point, if deemed expedient.

SECTION 2. That the privileges and restrictions referred to in the third and fourth seetions of the act to which this is a supplement, shall apply to the change of route authorized by the first section of this act, and so much of the act to which this is a supplement as is hereby altered or supplied, be and the same is hereby repealed.

RICHARDSON L. WRIGHT, Speaker of the House of Representatives.

APPROVED-The twentieth day of March, Anno Domini oue thousand eight hundred and fifty-six.

JAMES POLLOCK.

No. 163.

AN ACT

Relative to a further supplement to an act to incorporate the Kensington Gas Company of the county of Philadelphia, passed April twenty-first, one thousand eight hundred and fifty-five.

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' so much of an act passed April twenty-first, one thousand eight hundred and fifty-five, as provides that no new works or pipes be erected or laid, without the approval of the gas committee of the councils of the city of Philadelphia, be and the same is hereby repealed.

RICHARDSON L. WRIGHT, Speaker of the House of Representatives.

WM. M. PIATT,

Speaker of the Senate.

APPROVED-The twenty-first day of March, Anno Domini one

thousand eight hundred and fifty-six.

JAMES POLLOCK.

To an act incorporating the Cedar Hill Cemetery Company of the city of Philadelphia, (late county,) approved March twenty-fifth, Anno Domini one thousand eight hundred and fifty-four.

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 Cedar Hill cemetery company are hereby authorized to increase their capital stock to an additional amount not exceeding ten thousand dollars, and to issue therefor certificates of stock of fifty dollars each; the said increase to be appropriated to the improvement of the grounds, and otherwise to promote the interest of said company.

RICHARDSON L. WRIGHT,
Speaker of the House of Representatives.

APPROVED-The twenty-first day of March, Anno Domini one thousand eight hundred and fifty-six.

JAMES POLLOCK.

No. 165.

AN ACT

To lay out a State Road from Robert Burgoon's, in Cambria county, to
Bobbs Creek Inn, in Blair 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. Thomas W. Connell, Esquire, Joseph Burgoon, of Cambria county, and Alexander M'Intosh, of Blair county, be and are hereby appointed commissioners to lay out a state road, commencing at or near the house of Robert Burgoon, in Washington township, Cambria county, thence by way of White's steam saw mill to the old Frankstown road, at or near the Bobbs Creek inn, in Blair county, who after being duly sworn or affirmed to Duties. perform the duties hereby enjoined, shall view, lay out and locate a road between the said points, and having due regard to

Pay

directness and facility of traveling, they shall clearly and distictly mark the said road, and having viewed and located the same, the said viewers shall make out two correct drafts or plots of the same, and shall file one in the court of quarter sessions of Cambria county, and the other in the court of quarter sessions of Blair county, and from thence the same shall become a public highway; and it shall be the duty of the respective supervisors to open the same, with all convenient speed, to the width of thirty feet, to be kept in repair as other highways in the said counties; and the said commissioners shall meet on or before the first day of June next, to discharge the duties imposed on them by this act.

SECTION 2. That the said commissioners shall receive the sum of one dollar and fifty cents per day for every day they shall be engaged in performing the duties imposed on them by this act, and two chain bearers and one axeman the sum of one dollar per day each, while so engaged, to be paid out of the county treasuries of Cambria and Blair counties, in proportion to the length of said road in each county; and the commissioners of said counties are hereby authorized to settle and adjust the accounts of the said commissioners, and their assistants, and draw orders for the payment of the same.

RICHARDSON L. WRIGHT, Speaker of the House of Representatives.

WM. M. PIATT,

Speaker of the Senate.

APPROVED-The twenty-first day of March, Anno Domini one thousand eight hundred and fifty-six.

JAMES POLLOCK.

No. 166.

A SUPPLEMENT

To the charter of the Allentown Iron Company.

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 and may be lawful for the stockholders of the Allentown iron company, at a meeting to be called in the usual manCapital increased ner under their charter, to authorize their president and directors to increase the capital stock of the said company two hundred thousand dollars, with the right to extend the said increase to the sum of three hundred thousand dollars, under all the regulations of the original act of incorporation.