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No. 51.

AN ACT

Relative to claim of John Kelly.

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 auditor general, attorney general and state treasurer be and they are hereby authorized and requested to examine the claim of John Kelly, of Lawrence county, for labor done and material furnished for the Erie Extension canal, (section number sixty-one,) during the years one thousand eight hundred and thirty-eight, thirty-nine and forty; and after such examination, shall report the amount they find to be due said John Kelly to the Legislature, during the present or the next session thereof. ELISHA W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 52.

A SUPPLEMENT

To an act laying a tax on Dogs in the borough of West Chester, and certain townships in the county of Chester, and for other purposes, approved fourteenth April, one thousand eight hundred and forty-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 the first section of the act aforesaid shall hereafter be deemed, taken and held to apply to all persons owning or farming lands in the several townships in said act mentioned, on which sheep may be killed, although the said owners or farmers may not reside in said townships, so that the sheep so killed shall be appraised and paid for in the same manner as is provided by said

act for appraising and paying for sheep killed belonging to the inhabitants of said township.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN

No. 53.

AN ACT

lien.

For the better security of the Wages of Laborers in the county of Fayette. 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 all wages that may be due from the owner or owners of any Wages due lamanufacturing establishment in the county of Fayette, to any borers to be a laborer or laborers in or about such establishment, for any period not exceeding six months immediately preceding the death or insolvency of such owner or owners, shall be a lien upon such establishment, and shall be first paid from the proceeds of the sale of such establishment: Provided, That the same be pre- Proviso. sented to the officer executing the writ before distribution of the proceeds of the sale.

to affect the pre

SECTION 2. That in case of the dissolution, by death or other- Dissolution of wise, of any partnership, firm or incorporated company in the partnership not county of Fayette, all debts due or owing to operatives or la- ference of laborers for service performed for such partnership, firm or incor- borers' claims. porated company, for any period not exceeding one year, shall first be provided for and paid out of the effects or assets of said firm or company, in preference of or to any other claim: Protided, That this act shall not impair or affect the right of the Proviso. widow or children of any decedent to retain three hundred dollars, as provided by existing laws of this commonwealth.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,
Speaker of the Senate.

APPROVED-The twenty-sixth day of February, Anno Domini

one thousand eight hundred and sixty-one.

A. G. CURTIN.

Style.

No. 54.

AN ACT

For the incorporation of the Tidioute and Pittsfield 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 Commissioners. L. L. Lowry, William B. Acocks, William T. Dalrymple, John Martin, D. R. Dalrymple, William S. Copell, Samuel Grandin and William Dale, or any five of them, be and they are hereby appointed commissioners to open books, receive subscriptions and organize a company, under the name, style and title of the Tidioute and Pittsfield turnpike and plank road company, with power to locate and construct a plank or turnpike road from the Sunbury and Erie railroad, at Pittsfield, in Warren county, up Andrews run; thence to the river road, in the village of Tidioute, with corresponding branch roads, within the limits of Warren county, on the south side of the Big Brokenstraw creek, subject to the provisions and restrictions of an act regulating turnpike and plank road companies, approved January twentysixth, one thousand eight hundred and forty-nine, and the several supplements thereto.

Route.

Branch roads.

Subject to.

Capital stock.

Proviso.

Subscriptions.

Shares.

Limitation.

SECTION 2. That the capital stock of said company shall consist of four hundred shares, of twenty-five dollars each: Provided, That the said company may, from time to time, by a vote of its stockholders, at a meeting called for that purpose, increase their capital stock so much as, in their opinion, may be necessary to carry out the true intent and meaning of this act.

SECTION 3. That all persons having subscribed and paid within six months, or who shall hereafter pay, on subscription now made, towards a road from Tidioute to Pittsfield, shall own as many shares of stock in said company as will equal their respective subscriptions.

SECTION 4. That this incorporation shall be limited to a period of twenty years' duration.

E. W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, Anno Domini

one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 55.

A SUPPLEMENT

To an act to provide for the erection of a Honse of Employment and support of the Poor in the county of Schuylkill, passed the fourth day of April, one thousand eight hundred and thirty-one.

to use the water

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 for the purpose of enabling the directors of the poor and of the Directors of the house of employment for the county of Schuylkill to supply the poor authorized said house with a better and more abundant supply of water, of a certain brook the said directors are hereby authorized to use the water of a brook which runs near by said house, and for that purpose shal! Right to enter have the right and privilege to enter upon any land or lands, upon land, lay pipes, &c. and lay pipes through the same to convey the said water to the said house: Provided, That the said board of directors, or their Proviso. successors in office, shall pay to the owner or owners of said land or lands through which said pipes may be laid, all damages which may accrue to said owner or owners in consequence thereof; which said damages, if they cannot be amicably arranged, shall be assessed by a jury of three persons, appointed by the court of quarter sessions of Schuylkill county, on the petition of said directors or said owner or owners; and their report and proceedings thereon shall be the same as in the case of damages for opening roads in said county.

SECTION 2. That so much of the act, entitled "A supplement Repeal. to an act to provide for the erection of a house for the employment and support of the poor in the county of Schuylkill, passed the fourth day of April, one thousand eight hundred and thirtyone," approved the third day of February, Anno Domini one thousand eight hundred and fifty-nine, as requires the concur rence of the judges of the court of quarter sessions of said county in the appointment and fixing the salaries of the officers, out-door physicians, matrons and assistants of said house, and the removal of said officers, or any of them, be and the same is hereby repealed.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, Anno Domini

one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 56.

AN ACT

To lay out a State Road in Clarion and Venango counties.

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. R. A. Brashear, Elias Widel and Daniel Staunton be and are hereby appointed commissioners to view and lay out and mark a state road, leading from the mouth of the Clarion river, in Clarion county, to the borough of Franklin, in Venango county, by way of Freedom.

Route.

Duties.

Compensation.

Proviso.

Drafts to be made

SECTION 2. That it shall be the duty of said commissioners, or a majority of them, after taking an oath or affirmation before a justice of the peace to perform the duties enjoined upon them by this act with fidelity and impartiality, to carefully view the ground on which the said road may pass, and lay out and mark the same upon the ground on the route agreed upon by them for the road aforesaid, in such manner as to enable the supervisors readily to find the same; and for the purposes of fulfilling the duties enjoined in this act, the said commissioners, or a majority of them, are hereby enjoined to employ two chain carriers, at a per diem allowance not exceeding one dollar and fifty cents each, and one axeman, at a per diem allowance not exceeding one dollar and fifty cents; and the said commissioners, respectively, shall receive a per diem allowance not exceeding two dollars for each day necessarily employed in the discharge of the duties enjoined by this act, which shall be paid by the treasurers of the counties through which the road may be laid out, upon the rendition of the accounts of said commissioners, in proportion to the time employed in each county: Provided, That if R. A. Brashear performs the duties of surveyor, he shall receive an additional compensation of fifty cents per day.

SECTION 3. That it shall be the duty of the commissioners to make out two fair and accurate drafts of the location of said road, respectively noting the courses and distances as they occur, with such other matters as may serve for explanation, one copy to be deposited in the office of the clerk of the court of quarter sessions in the respective counties through which the road may pass, on or before the first day of October next; and from thenceforth the said road shall be a public highway, and shall be Width and grade opened to a width of thirty-three feet, and at a grade of three degrees from a horizontal line, if practicable, and not to exceed five, and to be made and repaired as all other roads laid out by the courts are made and repaired.

of road.

SECTION 4. That the commissioners shall proceed, as soon as practicable, to complete the location of said road; and if any Vacancies, how vacancy occur in their number, by death or resignation, or otherwise, the same shall be supplied by the remaining commissioner

filled.

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