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When and how

estate to become a lien.

SECTION 24. Whenever the certificate of exonerations, delirtaxes upon real ered to the controller under this act, shall embrace any taxes assessed on real estate, the controller shall, within thirty days thereafter, deliver to the prothonotary of the court of common pleas of said county, a certified statement of all such taxes for each ward, borough or township, setting forth the amount, the name of the party charged and a description of the property assessed in each case; and the prothonotary shall docket and To be docketed file the same in a docket, to be prepared for that purpose, and by prothonotary. enter the names of the parties so charged, with the respective amounts, in the proper places in the judgment index of said court, which shall remain a lien on said property until fully paid, and be first paid out of the proceeds of any judicial sale thereon shall operate to divest the lien of any mortgage protected by the act of sixth April, one thousand eight hundred and thirty, entitled "A supplement to an act for taking lands in execution for the payment of debts," and the several supplements thereto; and whenever the amount of any such lien shall be paid to the treasurer, it shall be the duty of the controller to enter satisfaction upon the record thereof on the payment of costs.

Effect on mortgages.

Writs to issue.

Proviso.

Proviso.

Repeal.

Compensation of treasurer and

clerks.

Appointment of solicitor.

Vacancy in office of controller.

Proviso.

Sheriff to receive

SECTION 25. That a scire facias, in the form of a scire facias on a mortgage, in the name of the county of Allegheny, may be issued against the parties so charged and prosecuted to judg ment, after which a writ of levari facias may be issued for the collection of the same: Provided, That no such levari facias shall be issued until one year after the return day of the writ of scire facias: And provided, That no attorney's fee shall be taxed when the amount of the judgment shall be less than fifty dollars; and all laws relative to the sale of lands for taxes, so far as relates to Allegheny county, are hereby repealed.

SECTION 26. That the treasurer shall receive as full compensation for his services, and the services of such clerk or clerks as the duties of his office may require him to employ, the sum of four thousand dollars per annum.

SECTION 27. The controller and commissioners of said county are hereby authorized to appoint a solicitor for the county, who shall hold his office for and during the term of three years, whose salary shall be five hundred dollars per annum.

SECTION 28. That whenever a vacancy shall occur in the office of controller of said county, by reason of death, resignation, removal or otherwise, the judges of the court of common pleas and district court of said county, shall appoint a suitable person to fill such vacancy until a successor is duly elected and quali fied: Provided, That if such vacancy occur within twenty days after the next general election, no election shall be held to supply the same until the second general election thereafter, at which time an election shall be held to supply such vacancy, unless an election for the full term shall occur at the same time, under the provisions of the first section of this act.

SECTION 29. That from and after the first day of May, A. D. salaries as of jai- one thousand eight hundred and sixty-one, it shall not be lawlor and assistant ful of the sheriff of Allegheny county to receive out of the county treasury of said county, any fees on commitments or discharge of any prisoner committed for vagrancy, drunkenness, disorderly conduct, or any criminal matter, but in lieu of all such

jailor in lieu of certain fees.

fees he shall be entitled to receive, as the salary of the jailor, the sum of one thousand dollars per annum, to be paid quarterly, and the further sum of six hundred dollars per annum as the salary of an assistant jailor, to be paid in the same manner.

aldermen and

SECTION 30. That from and after the first day of May, A. D. Fees of mayor, eighteen hundred and sixty-one, it shall not be lawful for any justices of the mayor, alderman or justice of the peace, in the cities of Pittsburg peace in certain and Allegheny, to charge or receive, out of the county treasury, cases. any fees or costs for trying or committing any person charged with vagrancy, drunkenness or disorderly conduct; but it shall

be the duty of the constable, or other officer, arresting any per- Duty of constason so charged in either of said cities, to take him or her before ble. the mayor of the proper city, whose duty it shall be to hear and determine all such cases, and in lieu of all fees heretofore authorized by law in such cases, the mayor of the city of Pitts- Salary of mayor of Pittsburg. burg shall receive, out of the county treasury, one thousand dollars per annum, and the mayor of the city of Allegheny two Mayor of Allehundred and fifty dollars per annum, and no more, to be paid gheny city. quarterly; and so much of any act of assembly as is inconsis

tent herewith, is hereby repealed.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

JOHN P. PENNEY,

Speaker of the Senate pro tem.

APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one.

Repeal.

A. G. CURTIN.

No. 425.

A SUPPLEMENT

To an act to incorporate the Philadelphia, Germantown and Norristown
Railroad Company, passed the seventeenth day of February, Anno
Domini one thousand eight hundred and thirty-one.

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 Philadelphia, Germantown and Norristown railroad company may at any public meeting of the stockholders, called upon at least ten days notice, authorize and empower the board of managers to borrow a sum of money not exceeding four hundred and fifty thousand dollars, or to make an addition to its capital stock not exceeding said sum of four hundred and fifty thousand dollars; upon making such loan, the board of managers shall issue certificates of loan bearing interest not exceed

ing six per cent. per annum, or should the stockholders authorize the increase of capital as aforesaid, the board of managers shall issue certificates of stock therefor, to be transferable on the books of the company as may be directed by the by-laws, and the said stock shall be the same as the stock of said company under existing laws; the said loan to be created, or capital stock increased, for the purpose of paying off loans about coming due; and the board of managers are authorized and empowered to execute a mortgage upon the road, property and franchises of the company, to secure the payment of the said loan and interest thereon.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

JOHN P. PENNEY,

Speaker of the Senate pro tem.

APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

surer.

No. 426.

AN ACT

Supplementary to an act Revising the Charter of the Municipal Corporation of the city of Reading, passed the thirteenth day of March, one thousand eight hundred and sixty-one.

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 Duplicates of hereafter upon the duplicate or duplicates of school taxes having school taxes to been made out by the board of controllers of the Reading school be made out by controllers and district, the same shall be placed in the possession of the treacollected by treasurer of the said school district, who shall collect and receive said taxes, (at a place to be provided by said board of controllers,) and from any taxes that are paid to him on or before the first day of August, in the year for which they shall be assessed, the treasurer shall make a deduction of five per centum in favor of such person or persons so paying their taxes; and in case the taxes are not all paid on or before the first day of August, for which they are assessed, the board of controllers shall elect or appoint a collector or collectors, and place the said duplicate or duplicates in his or their possession; and said collector or collectors shall proceed to collect the taxes therein levied, in the manner now provided by law for the collection of taxes: Provided, That the board of controllers, or a committee appointed

Deduction.

Collectors to be elected or ap pointed for taxes remaining unpaid on the first of August. Proviso.

by said board, shall have the right at all times to inspect the said duplicate or duplicates while in the possession of the said treasurer, collector or collectors, and have power to make such abatements or exonerations in the same as they may deem necessary; and the said treasurer, collector or collectors shall render an account of each item of their receipts unto the said board of controllers, or to a committee appointed by the said board, whenever required.

money.

SECTION 2. The board of controllers of the Reading school Board of controldistrict shall have power, by resolution, to borrow, for the use lers may borrow of said Reading school district, any sum or sums of money which they shall deem necessary, and to issue certificates of Certificates of loan for the amounts so borrowed, to the persons respectively loan. lending the same; and said certificates signed by the president of the board of controllers, and sealed with the seal of the Reading school district, and attested by the secretary of said board of controllers, shall be binding and obligatory on said Reading school district: Provided, The sums of money so borrowed in the whole, including the sums heretofore borrowed for the use of the Reading school district, and to pay the present liabilities and indebtedness of the several wards of said city for school purposes, shall not exceed the sum of forty thousand dollars, Limitation. nor bear a greater rate of interest than six per centum per annum.

SECTION 3. That the provisions of the fifty-fourth section of Councils may inthe act to which this is a supplement, shall not prohibit the crease the salary councils of the city of Reading to increase the salary of the of mayor. present mayor of said city.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

JOHN P. PENNEY,

Speaker of the Senate pro tem.

APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 427.

A SUPPLEMENT

To the act to authorize the Governor to incorporate the Wilkesbarre Water Company, approved twelfth February, one thousand eight hundred and fifty.

SECTION I. 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

tive to occupation of ground.

Damages.

Privileges of wa- the occupation of ground for trenching and laying the water ter company rela- pipes, where consent for that purpose has not been obtained from the owner of the same, shall in no way impair the rights or privileges of the said water company, nor authorize the owner of such grounds to obstruct or remove the said water pipes; but that the said company, or such owner, may proceed to assess damages in the same mode and manner as is directed by law to be pursued, before the occupation of ground for that purpose; Proceedings for and that in all cases, if no proceedings are instituted for the reinstituted within covery of damages for the occupation of grounds for conducting water, within two years from the date of this act, a license for such occupation shall be presumed, and owners of land shall not after that time have the right to institute proceedings for the recovery of damages: Provided, That this shall not apply to mines.

recovery must be

two years.

Proviso

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sufficient.

SECTION 2. That an advertisement of all notices of the comin one newspaper pany for stockholders' meetings, elections, and for all purposes, in one newspaper in the borough of Wilkesbarre, shall be suffiRepeal of part of cient; and so much of the tenth section of the act to which certain section. this is a supplement, as requires the recording of the votes of the board on every proposition, rule or order, is hereby repealed; but on the demand of any member of the board, the yeas and nays shall be taken and recorded by the secretary.

Yeas and nays to

be recorded on demand.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

JOHN P. PENNEY,

Speaker of the Senate pro tem.

APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 428.

AN ACT

Authorizing an examination of the Claim of Jesse Herbert.

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 state treasurer and attorney general be and they are hereby authorized and required to examine the claim of Jesse Herbert, for wood furnished on the Allegheny Portage railroad, under a contract or contracts entered into with the then superintendent of said road; and if, in equity, any amount be found due said Jesse Herbert, then the state treasurer is hereby authorized to

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