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Repeal.

Construction of section nine.

Proviso.

Construction of

No. 100.

A SUPPLEMENT

To an act entitled "An Act to incorporate the New Castle and New Wilming plank road company," approved the eleventh day of April, Anno Domin one thousand eight hundred and forty-eight.

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 following words in the third section of the act to which this is a sup plement, viz. That no person shall be permitted to subscribe for more than twenty shares, be, and the same is hereby repealed.

SECTION 2. That section nine of said act shall read as follows: It shall, and may be lawful for the president and managers of said company to lay out the route or track of said road, beginning at the eastern abutment of the new county bridge over the Shenango river, near the works of the Cosalo iron company in Shenango township, Lawrence county, Pennsylvania; and thence through the borough of Newcastle to such point as they shall select, in or near the village of New Wilmington, in Wilmington township, in said county, and for this purpose it shall and may be lawfu! for the said president and managers, their surveyors, engineers, artists and workmen to enter in and upon the lands, tenements and enclosures through and over which the said comp ny may locate said road or lay out the same, to examine the quarrics of stone and gravel, and all other materials that may be necessary in constructing said road, and to make survey, ascertain and fix the route of said road between the limits aforesaid, and to take and occupy for the bed of said road such public streets, roads and bridges as said president and managers may think necessary, and that that portion or distance from the State road leading from Mercer to New Castle, and of any other road or roads, upon which said president and managers may think proper to build and locate said plank road shall be, and is hereby declared vacated: Provided, That said company shall also have authority to build and construct, in like manner and subject to like regulations, lateral roads not exceeding three miles in length.

SECTION 3. That section twelve of said act shall read as follows: As section twelve. Soon as the company shall have perfected one mile of said road, and so from time to time as additional portions shall be completed, the said president and managers shall be, and they are hereby authorized to erect and fix such, and so many toll gates or toll bars upon and across the said road as shall or will be necessary and sufficient to collect the tolls hereinafter granted to the said company, from all persons traveling in or on said road with horses, cattle, carts and other carriages, and it shall and may be lawful for the said company to erect within the limits of their road, at cach of their gates or toll bars, a toll house or dwelling house for the use of the toll-gatherer at such gate.

Construction of

SECTION 4. That section thirteen of said act, to which this is a supsection thirteen. plement, shall read as follows: That when said road or any part thereof is completed from time to time as aforesaid, it shall and may be lawful for the company to appoint such and so many toll-gatherers as they shall think proper to collect and receive of and from all and every person or persons using said road, the tolls and rates hereinafter men

tioned, and to stop or cause to be stopped any person or persons leading,
riding or driving any horses, cattle, hogs, sheep or other animals, or
any coach, wagon, sleigh, sled, train, or other beast or carriage of bur-
den or pleasure, from passing through said toll gate or passing over
said road until they shall have respectively paid the same, that is to
say, for every mile in length of of said road completed as aforesaid, or
fraction of a mile the following sums of money, and so on in propor-
tion for any greater or lesser number of horses, cattle, sheep, hogs, et
cetera, to wit: For every score of hogs, sheep or cattle, two cents; for
every horse and rider or led horse, two cents; for every horse attached
to or hauling a plasure vehicle, whether buggy, sulkey, sleigh, sled or
other vehicle of either business or pleasure under whatever name it
may go, two and one-half cents; for every horse, not exceeding three
in number, attached to or hauling any wagon, cart, sled or other vehicle
of burden, the face of the wheels or soles of which are not more than
four inches in width, two cents; where there are more than three
horses attached to any such vehicle, two and one-half cents per horse;
for every horse, not exceeding six in number, attached to or drawing
any vehicle of burden, the wheels or soles of which are over four
inches wide, two cents; where there are more than six horses attached
to any such vehicle, two and one-half cents, per horse; for every horse
attached to or drawing any coach, sleigh, sled or other vehicle, used or
employed to convey or transport passengers, two and one half cents,
and in case of vehicles drawn wholly, in part, by oxen, mules or other
animals, except horses, every such animal shall be estimated as equal
to one horse, every elephant or camel shall be rated as equal to three
horses, and no vehicle shall be deemed or held to be a vehicle of bur-
den, unless the same at the time of passing over the road shall be
used or occupied exclusively with freight or burden, and for all frac-
tional parts of tolls, not equal in value to any denomination of coin in
eirculation, the said company may take and receive the next highest
calculating denomination: Provided, That the said company may re- Proviso.
duce the rates below the amounts, above specified, and raise them to
the amount prescribed by this act at such times and seasons as they
may think proper: Provided also, That when any person makes use of Proviso
a fractional part of a mile of the said road, it shall and may be lawful
for the said toll-gatherers to charge and collect toll for the whole mile
of which said fractional portion forms a part, from each and every per-
son making use of the same: Provided, further, That every person or Proviso.
persons using said road shall when required pay to said toll-gatherers
the even or exact amount of such toll.

stock.

SECTION 5. That it shall and may be lawful for the Cosalo iron Cosalo iron comcompany of New Castle, Lawrence county, Pennsylvania, in their cor- pany authorized porate capacity to subscribe to the stock of the New Castle and New to subscribe Wilmington plank road company, and to receive, hold and dispose of the same or any stock subscribed as aforesaid, in the same manner as any other personal property.

SECTION 6. That Thomas Falls, Robert H. Peebles, Alexander L. Commissioners Crawford, A. P. Moore, G. W. Crawford, S Wilder, William M'. substituted. Kinley, James D. Clark, John Whaley, David Emory, Wm. Hamilton, P. M'Cormick, Jonathan Ayres, L. L. M'Guffin, and John M. Crawford, be, and they are hereby appointed and substituted for and in the stead of the commissioners named in the first section of the act to which this is a supplement, to do and perform all and singular the duties therein enjoined and set forth in as full and complete a manner as the commissioners originally named.

Construction of

tion.

SECTION 7. That the seventeenth section of the act, to which this seventeenth sec- is a supplement, shall read as follows: If the company shall not commence the said road within five years from the tenth day of April, Anno Domini, one thousand eight hundred and fifty-three, or shall not within ten years thereafter complete the same, it shall and may be lawful for the Legislature to resume all and singular the privileges hereby granted, or intended to be granted, to said company.

Repeal.

SECTION 8. That so much of the original act approved the eleventh day of April, Anno Domini, one thousand eight hundred and fortyeight, and of a supplement thereto approved the nineteenth day of April, one thousand eight hundred and fifty, to which this is a sup plement, as is hereby altered or supplied, be, and the same is hereby repealed.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON. Speaker of the Senate.

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

WM. BIGLER.

Allentown borough divided into wards.

No. 101.

A FURTHER SUPPLEMENT

To the act of Assembly incorporating the borough of Allentown.

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 territory now included within the limits of the borough of Allentown, as defined in the acts of March eighteen, Anno Domini, one thousand eight hundred and eleven, and the annexation ordinances passed by the town council of said borough, on the thirtieth day of August, Anno Domini, one thousand eight hundred and fifty-two, and on the fourteenth day of September, Anno Domini, one thousand eight hundred and fiftytwo, under and by virtue of the act of Assembly, approved April third, one thousand eight hundred and fifty-one, entitled "An Act regulating boroughs," be, and the same is hereby divided into wards, as follows, to wit: All that part of the borough bounded on the east by the river Lehigh, on the west by the Jordan, and on the north and south by the northern and southern boundary lines of the borough shall be known and designated as the Lehigh ward; all that portion of the borough bounded on the east by the Jordan, on the north by Hamilton street, and on the south and west by the southern and western boundary lines of said borough shall be known and designated as the south ward; and all that portion of the borough bounded on the east by the Jordan, on the south by Hamilton street, and on the north and

west by the northern and western boundary lines of the borough shall be known and designated as the north ward: Provided, That the Lehigh ward shall constitute one school district, and the north and south wards together, one school district as heretofore: And provided also, That whenever any additional territory shall hereafter be added to said borngh the town council shall have power to declare by ordinance to which of the aforesaid wards the same shall be attached.

district.

SECTION 2. That each of said wards shall constitute and form a sepa- Each ward conrate election district, and the electors therein shall, whenever it may stituted a sepa be necessary, vote for and elect for each ward one justice of the peace, rate election one constable, one assessor, one school director (except Lehigh ward, which shall annually elect two school directors), one judge and two inspectors of elections to serve for the terms specified by law, and two members of town council to serve for two years, and shall, also, with the electors of the other wards, vote for and elect one burgess and one Ligh constable to serve one year, and one auditor to serve for three years, which elections shall be held at the places hereinafter mentioned, on the third Friday in March next, by the election officers now in office in said second and third wards, and in the township of Northampton, and thereafter annually on the third Friday in March, by the judges and inspectors in said wards elected under and by virtue of this act, whose returns of the election of borough offices shall be made in the manner specified in the second section of the act of incorporation, approved March eighteenth, one thousand eight hundred and eleven.

SECTION 3. That the ward and all other elections within said borough Places of hold shall be held at the following places, to wit: In Lehigh ward at the ing elections. public house now occupied by Tilghman Kleppinger; in south ward,

at the public house now occupied by widow Cleckner; and in north ward at the public house now occupied by Samuel Moyer.

streets.

SECTION 4. That whenever the persons owning two-thirds of the Paving of fronting on both sides of any street for the length of at least one square in said borough, shall determine that the said street be paved or macademized, and shall present their petition to council for that purpose, it shall be lawful for said council to direct the said improvement to be made under the supervision of the borough engineer, as the petitioners may desire, provided the proposed plan may not be deemed by the council prejudicial to the public good.

SECTION 5. That when such improvement shall have been completed, Statement of it shall be the duty of said engineer to lay before the burgess a state- expense of such ment of the entire expense thereof, and also, a complete list of all the improvement. owners or reputed owners of lots fronting on said improved street, and setting forth the number of feet front contained in each of said lots, whereupon the said burgess, with the assistance of the secretary, shall proceed to assess the expense as aforesaid, on the said several lot-holders in the exact ratio of the fronts of said lots, and the said burgess shall cause to be delivered to each of said lot-holders or their representatives, a written notice stating the amount so assessed on his or her lot, and appointing a day of appeal to be held not less than ten days after the service of said notice, on which day he shall convene the council at their usual place of meeting for the purpose of hearing appeals and correcting such errors as may be ascertained in said statement and assess

ment.

to constable.

SECTION 6. That the council having heard and decided all cases that Certified dupli-, may thus come before them, shall cause to be delivered to the high cate to be given constable a certified duplicate of the amounts so charged, whose duty it shall be to collect and pay over to the borough treasurer the amounts assessed, within thirty days from the date of said duplicate or pre

Similar im

provements in

Cross-streets

and alleys.

Part of North

ampton tp., annexed to Salis bury tp., and part of Salis

bury tp. annexed to South

Whitehall tp.

Repeal.

cept; and in case any of said sums, or any part thereof shall remain unpaid at the expiration of said time, the same proceedings and like remedy shall be had as is provided in the sixth division of section second of the act of Assembly of April third, one thousand eight hundred and fifty-one, for the recovery of expenses for the paving and curbing of side-walks.

SECTION 7. That whenever any portion of any street or alley shall have been improved as herein contemplated, or shall be in course of improvement, it shall be the duty of the corporation to make a similar improvement in the section of the cross strects and alleys within and at the extremities of said improved portions at the expense of the borough.

1

SECTION 8. That all that part of the township of Northampton lying south of the middle of the road leading from Hamilton street, in the borough of Allentown, to Reading, shall be annexed to and constitute a part of the township of Salisbury, in said county of Lehigh, and the residue of said township of Northampton, and that part of said township of Salisbury lying north of said Allentown and Reading road, to be annexed to and constitute a part of the township of South Whitehall, in said county of Lehigh.

SECTION 9. That so much of the act entitled "An Act to incorporate the borough of Allentown," as provides for the election of street commissioners in said borough, is hereby repealed, and it shall be the duty hereafter of the town council of said borough to appoint such street commissioners.

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

WM. BIGLER.

No. 102.

AN ACT

To authorize the Canal Commissioners to examine the claim of David Leech and 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 the Canal Commissioners, be, and they are hereby authorized and required to examine the claims of David Leech and company, for damages alleged to have been sustained by them by reason of the destruction of cars and merchandize, by fire in October last at plane number seven, on the Allegheny Portage railroad, and also for injury done to their cars and merchandize contained therein, on said road in April and No

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