No. 443. An Act In relation to the accounts of Allen M'Kean, late Prothonotary of Bradford county. WHEREAS, It is alleged by Allen M'Kean that injustice has Preamble. been done him, in the settlement of his accounts as late prothonotary, and clerk, of the courts of quarter sessions, and oyer and terminer, of Bradford county, by the auditor general and state treasurer: And whereas, The said Allen M'Kean has appealed from said settlement to the court of common pleas of Dauphin county, as provided by law, which appeal is yet pending: And whereas, It is almost impossible to try said appeal in Dauphin county, with justice, either to the commonwealth, or the said Allen M'Kean, on account of the matters of fact connected with the records of the said courts of Bradford county; therefore, tors to examine accounts and dockets. 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 court of common pleas of Bradford county shall, at Court of Bradits first sitting after the passage of this act, appoint three com- ford county to petent persons, residing in any adjoining county, or counties, appoint audito the county of Bradford, whose duty it shall be, after having been first duly sworn, or affirmed, to perform the duties of their appointment with fidelity, to proceed, within thirty days after their appointment, to examine the accounts, and dockets, of said Allen M'Kean, during the whole period of his service in the offices of prothonotary, and clerk, of the courts of quarter sessions, and oyer and terminer, and report to the auditor gen- To report to eral the amount of the tax on judicial proceedings received by auditor general. him, in each and every year, and also the amount of official fees received by him, as well as the amount thereof charged by him, in each year; also, the amount collected by him, since the close of his term of office; and they shall have power to send May send for for persons and papers, and to examine witnesses, under oath, pers, &c. touching the objects of their inquiry. persons and pa SECTION 2. That on the receipt of said report, the auditor Auditor generalgeneral and state treasurer shall settle the accounts of said and state treaAllen M'Kean, according to law; which account shall be in surer to make the place of the accounts, which have already been settled, and settlement. which are now pending, on appeal, in the courts of common pleas in Dauphin county; and the report of said auditors shall Report of audibe final, and conclusive, as to the facts set forth therein, and an appeal may be taken to the court of common pleas, in Dauphin county, upon the question only of law, involved in the settlement of said accounts by the state officers. tors conclusive. Appeal upon the question of law may be taken. SECTION 3. That said auditors shall finish the examination of When report to said accounts, and dockets, and report to the auditor general, be made. of auditors. on or before the first day of August next, and shall each be Compensation allowed three dollars per day, for each day actually employed in said service, not exceeding forty days each; the one-half thereof to be paid by warrant of the auditor general, on an account settled in the usual manner, and the other half by the said Allen M'Kean. JOHN CESSNA, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The fourteenth day of April, Anno Domini on thousand eight hundred and sixty-three. A. G. CURTIN. No 444. An Act For the relief of Francis Watts, treasurer of Bradford county, and W. 0. SECTION 1. Be it enacted by the Senate und House of Representatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That Francis Watts, treasurer of Bradford county, and W. O. Black, treasurer of Erie county, shall be entitled to, and receive, the same credits, and exonerations, by the auditor general, on settlement of their accounts for mercantile licenses for the year one thousand eight hundred and sixty-two, that they would have been entitled to before the passage of the act, entitled “An Act amendatory of the license laws of this state," approved the eleventh day of April, Anno Domini one thousand eight hundred and sixty-two. 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. 445. An Act To exempt the property of the Franklin Institute from taxation. 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 hall of the Franklin Institute, of the state of Pennsylvania, for the promotion of the mechanic arts, and the lot of ground on which the same is erected, situate in the city of Philadelphia, be and the same are hereby exempted from taxation, for any purpose whatever, except for state taxes. JOHN CESSNA, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The fourteenth day of April, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 446. An Act To incorporate the Kutztown and Lyons Turnpike 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 John Hoak, David Kemp, Jacob Richard, David Kutz, Commissioners. John Sell, Charles A. Kline, J. Daniel Wanner, Charles A. Gerash, M. D., Wm. Kemp, Daniel Zimmerman, Jacob Sinday, Egedius Butz, Henry Sanders, Charles Kutz, Charles H. Wanner, M. D., Charles W. Esser, Peter Krause, Nathan Bauer, Elijah DeTurk, Dewalt S. Kutz and Lewis K. Hottenstein, or any five of them, be and the same are hereby appointed commissioners to open books, receive subscriptions, and organize a company, by the name, style and title of the Kutztown and Title. Lyons Turnpike Road Company, to locate and construct a turnpike road, at any width, not exceeding forty feet, nor of artifi- Location. cial construction, less than fourteen feet, in, over, upon, or near, the bed of the present road, commencing at the Fisher House, Subject to. Capital stock. Proviso. When tolls may be received. Proviso. in the borough of Kutztown, and thence to the village of Lyon, with full power, however, to change the location of the same, subject to all the provisions and restrictions of an act, entitled "An Act regulating turnpike and plank road companies," approved the twenty-sixth day of January, Anno Domini one thousand eight hundred and forty-nine, and the several supplements thereto. SECTION 2. That the capital stock of the said company shall consist of two hundred shares, at twenty-five dollars per share: Provided, That the said company may, from time to time, at a meeting of the stockholders, called for that purpose, increase their capital stock to such an amount, as, in their opinion, may be required to complete the road according to the true intent and meaning of this act. SECTION 3. That said company may commence their road at any intermediate point, and whenever said company shall have finished one mile, or more, of said road, they shall have power to erect gates thereon, and the privilege of charging, and receiving, tolls, for the fractional part of a mile traveled, and not to be liable for the fractional part of a cent in making change: Provided, That said tolls be agreeably to the conditions and restrictions of section twelve and thirteen of the act of twentysixth January, one thousand eight hundred and forty-nine. When road to SECTION 4. That if said company shall not commence the conbe commenced struction of the said road within two years, and finish the same and completed. within three years thereafter, this act shall be null and void, except so far as may be necessary to settle up the affairs, and pay the debts, of the company. 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. No. 447. A Supplement To an act to incorporate the Safe Harbor and Susquehanna Turnpike Road 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 the provisions of the sixth section of an act to incorporate the Safe Harbor and Susquehanna Turnpike Road Com pany, et cetera, approved the eighteenth day of April, Anno Domini one thousand eight hundred and fifty-three, are hereby extended to, and shall embrace, the counties of Fulton and Franklin, for all the purposes mentioned in said section. 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. 448. An Act Relating to bonds and recognizances of bail in the court of quarter sessions, in the county of Allegheny. 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, and singular, the authority, jurisdiction and privileges, which are now by law vested in the court of quarter sessions of the peace of the city and county of Philadelphia, in so far as the same have relation to, and power over, all bonds and recognizance of bail, and the mode and manner of collecting the same, forfeited in the courts of oyer and terminer, and general jail delivery, and quarter sessions of the peace, in, and for, said city and county of Philadelphia, be and the same hereby are extended to the courts of quarter sessions of the peace, in, and for, the county of Allegheny. 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. |