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Dams, locks, &c., construc

tion of.

dams in the Susquehanna river as may be necessary, or useful, for the construction of the canal, or slackwater navigation, aforesaid; and also, to construct such locks, towing paths, embankments, bridges, toll-houses, offices, and such other devices as may be deemed necessary, or useful, for the construction, use and navigation of said canal, or slackwater navigation: ProRequired to con- vided, That if said North Branch Canal Company shall construct a schute struct any dam, or dams, in the Susquehanna river, they shall in every dam. construct, and keep in repair, a proper schute, in each and every dam, for the passage of rafts, arks, or other river craft: Provided Mode of assess- further, That in entering upon lands, and in taking materials for ing and collect- the construction, use, or repairs, of said canal, or slackwater ing damages. navigation, the mode of proceeding to ascertain, assess and col. lect damages, should any accrue in consequence of said entry and taking, shall be subject to, and in accordance with, the provisions and restrictions contained in the tenth and eleventh sections of an act, entitled "An Act regulating railroad companies," and the several supplements thereto, approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine, so far as the same is applicable, by substituting the words, "canal, or slackwater navigation," in place of the word "railroad," where the latter word occurs in said tenth Authorized to and eleventh sections of said act; and the said North Branch Canal Company are empowered to make such arrangements, and enter into such contracts, with the canal board of the state supply of water of New York, as will secure an ample supply of water for their at certain point. line south from the Athens pool.

contract with

canal board of

New York for

Rates of toll.

Canal to be a SECTION 3. That upon the completion of the canal, or slackpublic highway water navigation, aforesaid, the same shall be and remain a public highway, forever, for the use and enjoyment of all persons desiring to use the same, subject to the laws of the commonwealth, and to such rules and regulations as the board of managers are authorized to adopt: Provided, That the rates of toll to be established, demanded, or received, shall not exceed the rates of toll which the North Branch Canal Company are now, or may hereafter be, authorized, by law, to receive; and the said North Branch Canal Company, the better to secure tonnage to their canal, may adopt such rates of toll upon all coal going north of the pool of the Athens dam, not exceeding the rates of toll now allowed, by law, on the Junction canal, and such system of drawbacks upon the same, as, in their opinion, will secure the greatest tonnage to their line; and in no case shall they own, or hold, coal lands, or become miners of, or Payments of dealers in, coal: Provided, That the said company shall, on, or judgments for before, the thirty-first day of December, of each year, pay into land damages in the courts of Bradford, Luzerne and Wyoming counties, ten Bradford, Lu- thousand dollars, to be applied in payment of judgments entered zerne and Wyo- in each county, against the company, for land damages; and ming counties. said money shall be paid, pro rata, upon the judgments, at the time, without reference to priority of lien or entry; and said company shall continue to pay, annually, in the same manner, while there are any judgments standing against them, on settlement of any claim now filed in the counties named: Provided further, That in case of default in the payment, by the company, for thirty days after the thirty-first day of December,

Prohibition.

Proviso.

of any year, of the above sum of ten thousand dollars, or the filing of evidence of such payment, then, in that case, all privileges granted in this section shall be void and of no effect.

SECTION 4. That for the purpose of constructing and pur- May borrow chasing the improvements authorized by this act, and for the money and general purposes of their business, it shall be lawful for the said mortgage proNorth Branch Canal Company to borrow, from time to time, perty. such sums of money as they shall deem expedient, not, in the whole, exceeding five hundred thousand dollars, and mortgage their canal property and franchises, or any part thereof, as security therefor.

creased.

SECTION 5. That the North Branch Canal Company be and Capacity of caare hereby authorized and empowered to increase the capacity nal may be inof all, or any portion, of their canal, to meet the full requirements of the trade thereon, with the same rights and privileges as if originally done.

SECTION 6. That if the North Branch Canal Company shall, Reservatio at any time, misuse, or abuse, any of the privileges granted by this act, the legislature may revoke all and singular the rights and privileges hereby granted, and authorized to be granted; and the legislature hereby reserves the power to resume, alter, or amend, any, or all, of the privileges granted, or charter to be issued, under this act: Provided, That in re- Proviso suming, altering, or amending said charter, or privileges, no injustice shall be done the said company, corporators, or stockholders.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The tenth day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 319.

An Act

To authorize the commissioners of Lawrence county to compromise with the holders of bonds, issued by said county to railroad companies.

SECTION 1. Be it enacted by the Senate and House of Represen latives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the commissioners of the county of Lawrence, or a ma

authorized to compromise with certain bondholders.

Commissioners jority of them, are hereby authorized to compromise with any holder, or holders, of the bonds of said county, heretofore issued, by the said county, to railroad companies, or with any holder, or holders, of coupons, detached from the said bonds; and upon the surrender of such compromised bonds, or coupons, by such holder, or holders, to pay to such holder, or holders, any amount that may be agreed upon, between said commissioners, or a majority of them, and such holder, or holders, either by new bonds, hereinafter authorized to be issued, or with money hereinafter authorized to be borrowed.

New bonds to be issued.

Amount and conditions of.

Proviso.

Proviso.

Tax to be levied

for payment of interest and creation of sinking fund.

Not to be appropriated to any other object.

SECTION 2. That the said commissioners, or a majority of them, for the purpose of effecting such compromises, are hereby authorized to issue new bonds, to an amount sufficient to pay for all the bonds heretofore issued by said county, to railroad companies, which shall be compromised as aforesaid, of any denomination not less than fifty, and not exceeding one thousand, dollars, bearing interest at any rate per centum per annum, not exceeding six (6) per centum, payable semi-annually, at such places as may be agreed upon between the said commissioners and the parties accepting the same, with coupons attached, to cover the interest, the principal payable at any future day, not less than twenty years from the date of said bonds; which said bonds, the said commissioners, or a majority of them, are hereby authorized to deliver, either directly, to such holder, or holders, upon such compromise, or to any person, or persons, for loans of money by them to said county, to be used in payment of any amounts which may be agreed upon in such compromises: Provided, That persons lending money upon such bonds shall not be liable to see to the proper application of the same by the commissioners: And provided also, That the said new bonds shall be redeemable in the manner hereinafter provided, and shall not be subject to taxation for any purpose whatever.

SECTION 3. That for the purpose of promptly meeting the interest on the new bonds, hereby authorized to be issued, and for the creation of a sinking fund for the ultimate liquidation and payment of said new bonds, a tax shall be levied, annually, by the commissioners of said county, sufficient to produce a sum which shall be sufficient to meet the interest upon the said new bonds, and create a sinking fund, which shall liquidate and pay all the principal, by its maturity; the said money, so raised by said tax, annually, shall be kept separate, and apart, from all other funds of the said county, and shall not be appropriated, by any action of said commissioners, nor be liable to be appropriated by any writ of attachment, or by any judicial process whatsoever, from the following uses, to wit: Out of the said sum, so raised by taxation, annually, shall be first paid the interest on the outstanding new bonds, issued by virtue of this act, and the balance, or residue, of said sum, shall be then applied to the redemption, and cancellation, of new bonds, issued by virtue hereof: P.ovided, That all bonds, purchased for the said sinking fund, shall be forthwith cancelled; Mode of cancel and a register of bonds, so cancelled, shall be kept; the cancellation shall be effected by writing, in red ink, across the face of each cancelled bond, the fact of such cancellation, and the

Interest to be

first paid, and balance applied to redemption

of new bonds.

lation.

date thereof, the seal shall be crossed with black ink, and the signatures with red ink, and each coupon shall be punched with two or more holes.

Purchase of new

SECTION 4. That it shall be lawful for the said commissioners, Surplus moneys from time to time, to increase the said sinking fund by appro- in treasury may priating to the same any surplus funds, moneys, or revenues, be appropriated remaining in, or payable to, the treasury, not required for the to sinking fund. ordinary expenses of the county; the sinking fund, created by this act, shall be, at least once in every year, invested by the said commissioners in the purchase of the new bonds, hereby bonds issued, authorized to be issued, at the lowest rates the same can be relative to. procured; if none should be offered, or obtained, at rates below par, then the said commissioners shall pay off the outstanding new bonds, at par, in rotation of numbers, beginning at the lowest number outstanding; and in the event of such bond, or bonds, not being surrendered, after four weeks' advertising of In the event of the number, or numbers, to be paid, then the commissioners bonds not being shall deposit the money therefor in any bank in the borough of surrendered, afNew Castle, in said county, or in the city of Pittsburg; and the ter advertising, bond, or bonds, so advertised for, shall cease to draw interest the money therefor may be thereon, and the holder, or holders, of such bond, or bonds, deposited in shall look only to the deposit for the payment of his, her, or banks, and intheir, bond, or bonds; such advertising to be made in one news- terest thereon paper published in New Castle, and one in the city of Pitts- cease. burg, once a week, for four successive weeks.

SECTION 5. That so much of the annual tax hereby authorized Appropriation to be levied for the payment of the interest on the said new bonds, of tax, relative as may not be required, at the time, for the payment of interest on to. the said new bonds, shall go into, and become part of, the sinking fund hereby provided, there to remain until, by reason of future compromises between the said commissioners and other holders of said bonds, issued heretofore to railroad companies, and the issue of new bonds sufficient to require the same for the payment of interest thereon, and the liquidation of the principal, as aforesaid, and shall, in no event, be used for, or appropriated for, any other purpose.

SECTION 6. That all necessary powers are hereby given to Authority to the said commissioners, of the county of Lawrence, or a ma- compromise jority, of them, and to the holders of said railroad bonds, or granted to holders of bonds, coupons, whether for their own use, or in trust, to consummate whether for any compromise, which may be agreed upon in pursuance of their own use this act.

or in trust.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

We do certify, that Senate bill 291, entitled "An Act to authorize the commissioners of Lawrence county to compromise with the holders of bonds issued by said county to railroad companies," was presented to the governor, on the tenth day of March, Anno Domini one thousand eight hundred and sixtythree, and was not returned within ten days (Sundays excepted) after it had been presented to him; wherefore, it has, agreeably

to the constitution of this commonwealth, become a law, in like manner as if he had signed it.

J. ZIEGLER,

Clerk of the House of Representatives.

GEO. W. HAMERSLY,

HARRISBURG, April 10, 1863.

Clerk of the Senate.

No. 320.

An Act

To change the name of Julia Hart, adopted daughter of Ira W. Hart, to Julia Crawford Hart, and to confer upon her all the rights and privileges of a child and heir.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the name of Julia, the adopted daughter of Ira W. and Martha M. Hart, of the city of Erie, known as Julia Hart, be and the same is hereby changed to that of Julia Crawford Hart, and she shall be known, and called, by the said name, and by that name, she shall be able and capable, in law, to sue and be sued, grant, and receive, and inherit, property, and to do all other legal acts, and things, in said name, fully and effectually, to all intents and purposes; and she shall, in virtue of the petition and agreement of the said Ira W. and Martha M. Hart, filed for the passage of this act, and by virtue hereof, have, possess, and enjoy, all the rights and privileges, inheritable and otherwise, of a child and heir of the said Ira W. and Martha M. Hart, born in lawful wedlock, fully and absolutely; and any, or all, property, right, or estate, of any kind that she, the said Julia Crawford Hart, shall inherit, or receive, from the said Ira W. Hart and Martha M. Hart, or either of them, or from any other person, in pursuance, or by virtue, of this act, in case of the decease of the said Julia, without lineal heirs, shall descend or revert to the heirs of the said Ira W. and Martha M. Hart, as the same would have descended if this act had not been passed.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

We do hereby certify, that the bill, entitled "An Act to change the name of Julia Hart, adopted daughter of Ira W.

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