of repairs to give notice to

owners or

agents.

Penalty for neglect or refusal to comply.

Superintendent superintendent, or person having charge, of the repairs on streets, in said city, to give notice, in writing, to the owner, or owners, of any lot, or piece, of ground, in said city, fronting on said street, or streets, or to the agent of said owner, or owners, of the kind of pavement required, and the mode, and manner, of making the same, and the time, within which said pavement must be commenced, and finished; if the said owner, or owners, or agent, resides in the city of Erie, not less than ten days before the time fixed, in said resolution, for the commencement of said work, and if not so resident in the city of Erie, then said notice shall be given, by letter, post-paid, directed to the nearest known post office, to said owner, or owners, or agents; said letter to be deposited in the post office at Erie, not less than fifteen days before the time fixed, in said resolution, for the commencement of said work; and no further, or other, notice shall be required than as hereinbefore provided; any law, or ordinance, to the contrary notwithstanding; and if said owner, or owners, or agent, shall, after notice given as aforesaid, neglect, or refuse, to commence, within the time in said resolution mentioned, or having commenced the same, shall neglect, or refuse, to complete the same, within the time fixed, said owner, or owners, or agent, shall be liable to the penalties now prescribed by the ordinances of said city, for such neglect, or refusal, and it shall be lawful for said city, by its proper officers, or agent, to procure said pavement to be made, or finished, at the expense of said owner, or owners; and the cost, charges and expenses, of said Cost of paving work, shall be a lien upon the lots, or pieces of land, respecby city to be a tively fronting on said street, or streets, in front of which a pavelien upon land. ment has been made, repaired, or finished, as aforesaid; which lien shall be filed against said lots, or pieces, of ground, respectively, and collected, as is now provided by law for filing and collecting fines for paving in said city; and if the said costs, charges and expenses, are not paid by said owner, or owners, or agent, within sixty days after said work is finished, ten per cent. shall be added to said costs, charges and expenses, and collected as part of the original costs: Provided, That no resolution of said councils shall compel the making of any sidewalk, after the fifteenth day of November, or before the fifteenth day of April, in any year.

Ten per cent. added, if not paid within sixty days.

When pavements to be made.

City to be laid off in districts.

Erection of lamp posts, cost of,

&c.

SECTION 2. That the councils are hereby authorized, and empowered, to lay off the city in convenient districts, either by streets, or otherwise, and upon the petition of a majority of the owners of real estate, in any district, to erect lamp posts on the streets in such district, to light with gas the streets therein, and to maintain, and keep in good repair, said posts; the costs and expense of erecting such posts, and keeping them in repair, and of lighting the streets with gas, to be levied upon the real estate in such district, and collected in the same manner as county and state taxes are now by law collected: Provided, That in fixing the majority of the resident citizens in any such district, tenants in common, co-partners, or joint owners, of any An appropria- real estate therein, shall be counted together as one owner. tion for opening SECTION 3. That the councils of said city are hereby authoand deepening certain channel rized, and empowered, to appropriate the sum of five thousand authorized. dollars, or so much thereof as may be deemed necessary, when

Proviso.

ever a sum equal to three times the amount, thus appropriated, has been raised by other parties, for the purpose of opening, and deepening, the channel at the eastern entrance to the harbor;

and to issue the bonds of said city of Erie, to the amount of Bonds to be issuch appropriation, for payment of the same, in such sums, not sued. less than fifty dollars, as they shall deem proper, with, or without, coupons attached, bearing interest at the rate of six per centum per annum, payable semi-annually, and the principal payable ten years after the date thereof; and the said councils

are hereby authorized and empowered to assess, upon the real Tax therefor to and personal property, trades, and occupations, in said city, a be levied. tax sufficient to pay said interest as the same accrues, and the principal at maturity, and to collect the same as city taxes are Collection. now by law collected; said tax, when collected, to be applied to the purposes aforesaid, and to no other purpose, and paid proportionately with the subscriptions by other parties: Provided, That bonds shall not be sold at less than the par value Proviso. thereof: And provided further, That the money appropriated, Proviso. as aforesaid, shall be expended under the direction of a committee, to be appointed by the council.

SECTION 4. That the councils of said city shall have power to Additional tax, levy, and collect, an additional tax of two mills on each dollar for general purof valuation, for general purposes, in the same manner that the poses, authofive mills tax, for said purposes, is now levied and collected.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

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

rized.

A. G. CURTIN.

No. 399.

An Act

To authorize the sale of the Warrior's Mark Water 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 upon any writ of fieri facias, issued, or which may issue, out of the court of common pleas of Huntingdon county, against the Warrior's Mark Water Company, it shall be lawful for the sheriff of said county to levy upon all the real estate, rights, privileges, franchises, property and immunities, which belong to, or are held by, or can be owned, or held by said company, under,

and by virtue of, the act of assembly incorporating the same; and, after such levy, to lay the same before a jury of inquest, in the same manner as levies, upon real estate, are now laid before it; and if said jury shall condemn the same, by deciding that the rents, and profits, of said company, and its estate, will not pay the debt, interest and costs, of all judgments against said corporation, within seven years, a writ of venditioni exponas may, thereupon, issue, and all such real estate, rights, privileges, franchises, property and immunities, may, and shall, be sold, in like manner as real estate is now sold by the sheriff; and the purchaser, at such sale, shall hold said property, and be vested with all the rights, franchises and stock of such corporation, as if such purchaser had been the original subscriber of all the stock thereof, and may proceed with the organization of such corporation, in the manner provided by the act of assembly, approved the eighth day of April, Anno Domini one thousand eight hundred and sixty-one, entitled "An Act concerning the sale of railroads, canals, turnpikes, bridges and plank roads."

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 400.

A Supplement

To an act, entitled "An Act to establish the Union School District of Chester and Delaware counties."

WHEREAS, By an act, approved the first day of May, Anno Domini one thousand eight hundred and sixty-one, a separate school district was erected out of contiguous territory, in the. counties of Chester and Delaware:

And whereas, The said district is so constructed that part of the farm of Samuel J. Sharpless, in the county of Chester, is in the said Union district, and part thereof in the Thornbury school district, and the nearest school house, in said Union school district, is at a very inconvenient distance from said farm, whilst the nearest school house in Thornbury district, is very convenient thereto :

And whereas, By reason of the said Union district being in two different counties, the court has no power to change the lines thereof; 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 from and after the passage of this act, all the farm of the said Samuel J. Sharpless, situate in the townships of West-town and Thornbury, in the county of Chester, shall be in the school district composed of Thornbury township, Chester county; and so much of any law as includes said farm, or any part thereof, in said Union school district, be and the same is hereby repealed.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 401.

An Act

To authorize the Road Commissioners of Mill Creek township, Erie county, to set apart a portion of the streets, and roads, in said township, for side walks.

SECTION 1. Be it enacted by the Senate and House of Represen latives of the Commonwealth of Pennsylvania in General Assem oly met, and it is hereby enacted by the authority of the same That from and after the passage of this act, the road commissioners of Mill Creek township, Erie county, shall have pawer, and authority, to lay out, and set apart, on each side of any public street, or road, in said township, a side-walk, for foot passengers, of such width, not exceeding ten feet, on any road, not more than fifty feet wide, as said commissioners shall deem necessary for said purpose; and when said side-walk is so laid out, and set apart, by said commissioners, it shall not be lawful for any person, or persons, to ride, or drive, any animal, or animals, vehicle, or vehicles, over, or on, any part of said street, or road, so laid out, and set apart, as aforesaid, under the penalty of five dollars, for each and every offence; to be sued for, and recovered, as debts of like amount are now, by law, recoverable; said fines, when recovered, to be expended in the making, and repair, of said walks, in said township, laid out, as aforesaid; and the path-masters in the several districts in said township, in which said side-walks are laid out, and set apart, are hereby required to maintain, and keep in repair, said side

walks, in same manner as roads, in said rural districts, are now maintained and kept in repair.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 402.

An Act

Relating to certain officers in the county of Lehigh.

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 the provisions of the act, passed the second day of July, one thousand eight hundred and thirty-nine, entitled "An Act to provide for the election of prothonotaries, clerks, registers and recorders," are hereby so altered, that, hereafter, the quali fied electors of the county of Lehigh, shall, from and after the expiration of the term of the present incumbents, elect one person to fill the office of clerk of the court of quarter sessions, and one person to fill the office of clerk of the orphans' court for said county.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.