the state treasurer be and he is hereby authorized and directed to pay Temperance Morris, of Fayette county, the widow of an old soldier, or to her order, a gratuity of forty dollars, and an annuity of forty dollars, during the term of her natural life, commencing on the first day of January, one thousand eight hundred and sixty-one, and payable half yearly thereafter, on the first day of January and July.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,
Speaker of the Senate.

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

A. G. CURTIN.

Councils autho

rized to have

streets graded,

paved, &c.

No. 571.

SUPPLEMENT

To an act incorporating the city of Erie.

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 select and common councils of the city of Erie are hereby authorized and empowered to cause to be graded, paved, macadamized, repaired or otherwise improved, any public street, or part thereof, which is now or may hereafter be laid out and opened in said city, and have the said street, or part of street, set with curb stone; and the said councils are hereby authorized and empowered to provide, by ordinance, for the levy and How to be paid collection of the cost and expense of work and materials used therefor, from the owners of the property bounded by and abutting on said street, or part of street, by an equal assessment on said property in proportion to the number of feet the same fronts on said street, or part of street: Provided, That said councils shall not order any street, or part of street, to be paved, graded, macadamized or set with curb stone, except upon the Petition of ma- petition of a majority of the persons holding or owning projority of property perty on said street, or part of street, so proposed to be graded, owners necessary macadamized or set with curb stone.

for.

ted.

When petitions SECTION 2. When the said councils shall, by ordinance, direct must be presen- the grading, paving, macadamizing or curbing of any street, or part of street, within said city, the question whether a majority of persons holding or owning property thereon have petitioned therefor, shall cease and determine: Provided, That no ordinance for any of the above named purposes shall be passed,

until days notice of the improvement prayed for has been Notice to be given in the official paper of the city.

given in official

paper.

SECTION 3. The term owner or owners, when used in this act, Construction of is hereby declared to mean any person or persons, or bodies cor- this act. porate, who may own or claim the property to be affected by such improvements and assessments mentioned or intended in this act, in whom is vested any estate, in fee simple, fee tail, for life, a perpetual leasehold, or for a term of years, by lease or otherwise, not less than twenty years; a majority of the owners of an undivided property to constitute one person for the purposes of this act.

SECTION 4. When the assessment is completed on the pro- Notice of amount perty liable to be assessed for said street improvement, under of assessment. the provisions of this act, a written or printed notice, stating the amount of such assessment, shall be given to the owner, or reputed owner or person liable therefor, under the provisions of this act, or said notice shall be left at the residence of such person or persons, with an adult member of the family; or if the person so liable be a non-resident, then to the agent of such person, residing in the city of Erie; or if there be no resident-agent, then by a written or printed notice, addressed to the last known place of residence of such person; and if the tax or sum so assessed be not paid within sixty days after notice given as afore- In case of nonsaid, the mayor of said city may proceed to collect the same as payment mayor follows, to wit: The collector of said tax shall make out a writ- empowered to ten statement of the amount of said tax, and a description of the property taxed, together with his affidavit of the correctness of said statement and description, and that the notice provided herein was given, in the mode and manner herein provided;

collect.

and the prothonotary of the court of common pleas of Erie Prothonotary to county shall enter judgment on the same, with ten per centum enter judgment. damages, and costs of suit, and interest from the date of said entry, which judgment shall be in form as follows, to wit: The

city of Erie versus A B, owner, or reputed owner, et cetera, with Form of.

a general description of the property upon which said tax was

assessed, which judgment so entered shall be a lien upon said To be a lien. real estate, and shall be collected, by execution, as judgments on mortgages are now by law collected.

SECTION 5. No suit shall hereafter be brought, by any person No suit to be or persons, in the name of the city, without notice, in writing, brought in name of the city withbeing first given to the city solicitor, who shall keep a regular out notice to sodocket of all such suits, in a book furnished by the city, and licitor. hand the same over to his successor in office; and the city shall Docket. not be liable for any costs on suits that are not authorized by when city not the mayor, city solicitor or some other person specially author- liable for costs. ized by councils so to do.

bars.

SECTION 6. The select and common councils of the city of Appropriation Erie are hereby authorized to appropriate a sum, not exceeding for dredging the two thousand dollars, for the purpose of dredging the bars in the channel at the harbor of Erie; and are also hereby author- Tax for that purized to assess a tax, for one year, not exceeding two mills on pose authorized. the dollar of valuation, on all persons and property in said city taxable for city purposes, for the purpose of paying such appropriation; said tax not to be applied to any other purpose what

ever: Provided, That no appropriation shall be made for the Proviso.

Provies.

Rep eal.

purposes aforesaid, until the sum of four thousand dollars shall be provided, in good faith, by other parties, for the same purpose: And provided further, That any of said appropriation made by said city, that may not be needed for the purposes aforesaid, may be used for the purpose of repairing the public dock in front of said city.

SECTION 7. All acts and part of acts inconsistent herewith are hereby repealed.

J. H. SELTZER,

Speaker of the House of Representatives pro tem.

ROBT. M. PALMER,

Speaker of the Senate.

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

A. G. CURTIN.

No. 572.

A SUPPLEMENT

To the act relating to the Courts of Union and Snyder counties.

WHEREAS, By an act of assembly of this commonwealth, approved the day of March, one thousand eight hundred and sixty-one, hereafter the regular terms of the Union county courts are to commence on the third Monday of February, May, September and December, and the Snyder county courts the Monday following, except the December term, which is to be held the week preceding the Union county courts:

And whereas, A number of writs have already issued out of said courts, returnable as provided by the law that was in force prior to said act of the twenty-first of March, one thousand eight hundred and sixty-one; therefore,

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 writs of summons, fieri facias, venditioni exponas, and other writs issued out of the courts of Union county, returnable on the second Monday of May, one thousand eight hundred and sixtyone, and those issued out of the courts of Snyder county, returnable on the third Monday of May, one thousand eight hundred and sixty-one, shall have the like effect and be considered as if those in Union county had been made returnable on the third Monday of May, and those in Snyder county on the fourth Monday of May, one thousand eight hundred and sixty-one; and all proceedings had and that may be had, shall

be as good and valid, to all intents and purposes, as if such writs had issued, returnable at the time now required by law.

SECTION 2. That the venires issued in Union county, for the summoning of jurors for the May term, one thousand eight hundred and sixty-one, shall be considered as if issued for the third Monday in May, and those in Snyder county as if issued for the fourth Monday of May, one thousand eight hundred and sixty-one; and that the courts shall be commenced at that time, notwithstanding the venires in Union county may have issued for the second Monday, and that in Snyder county for the third Monday of May term, one thousand eight hundred and sixtyone; and all proceedings at those terms shall be as valid in law as if the act of twenty-first March, one thousand eight hundred and sixty-one, regulating the courts of Union and Snyder counties, had been passed prior to the issuing of said venires, and they had been issued for the time fixed by said latter act for the meeting of the courts.

JOHN J. PATTERSON,

Speaker of the House of Representatives pro tem.

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

A. G. CURTIN.

No. 573.

AN ACT

Supplementary to an act relating to County Rates and Levies and Township Rates and Levies, passed the fifteenth day of April, Anno Domini one thousand eight hundred and thirty-four.

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 the duty of the supervisors of the township of Lower Saucon, in the county of Northampton, before the issuing of the duplicates and warrants for the collection of the road taxes, to give notice to all persons residing in said township, rated for such tax, by written or printed advertisements, or otherwise, to attend at such times or places as such supervisors may direct, so as to give such persons opportunity to work out a part or the whole of their respective taxes. That the said supervisors shall be the collectors of the road tax, who shall respectively be accountable for the faithful collection thereof; and the said supervisors shall constitute a board to fix the wages of laborers to be

employed by them; and that the thirty-first, the thirty-fourth and the thirty-ninth sections, and whatever is inconsistent in the said act, with this section, is hereby repealed, as far as it relates to Lower Saucon township.

ELISHA W. DAVIS, Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

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

A. G. CURTIN.

No. 574.

AN ACT

Declaring Muddy run, and the East and West Branches thereof, in Clearfield county, Public Highways.

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, Muddy run, and the East and West Branches thereof, in the county of Clearfield, for the distance of twelve miles above its mouth, shall be public highways, kept open and protected as such under existing laws.

JOHN J. PATTERSON, Speaker of the House of Representatives pro tem.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The first day of May, Anno Domini one thousand

eight hundred and sixty-one.

A. G. CURTIN.