No. 509.

An Act

Relative to the payment of the Enrolment Tax of the Pioneer Iron Com pany.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assemoly met, and it is hereby enacted by the authority of the same That the time for the payment of the enrolment tax on an act, entitled "An Act incorporating the Pioneer Iron Company," be extended to the period of eight years, from the date of passage; and that Benjamin Haywood, T. F. Wright, J. F. Petery, William C. Bradley, George Bright, B. T. Taylor, be additional incorporators in said bill; and that the title of said bill be changed to Palo Alto Iron Company.

JOHN CESSNA,

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

Speaker of the Senate.

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

A. G. CURTIN.

to take certain real estate.

Relative to taking certain ground, in the city of Pittsburg, by the Pennsylvania Railroad Company.

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 The Penna. RR. That full power and authority be, and the same is hereby, given co. authorized to the Pennsylvania Railroad Company, to enter in, and upon, take, use, and appropriate, for general railroad purposes, all that certain real estate, situate in the Fifth and Ninth wards, of the city of Pittsburg, and lying on the south side of Quarry and Perry streets, the same fronting on said streets, and extending southwardly therefrom, to the Manor line, and for the Assessment of assessment of damages, resulting from said appropriation, to damages. the owners and occupants thereof, the said railroad company

are hereby clothed with all the rights, powers, and privileges, granted in their charter of incorporation, and its supplements, Viewers to be and shall be subject to all the limitations, conditions, and restric- residents, and tions, therein contained, except that the viewers, appointed by property ownthe court, under this act, shall be residents, and property owners, ers, of Pittsof the city of Pittsburg. burg.

SECTION 2. That so much of the charter of said railroad com- Repeal of propany, and its supplements, or of any other law of this common- vision relative wealth, as forbids the taking of property, for railroad purposes, to taking proused as a dwelling house, or homestead, without the consent of perty for railroad purposes. the owners, or occupants, thereof, is hereby repealed, so far as relates to the property described in the first section of this act.

SECTION 3. That if the said company shall acquire the lots Perry street fronting on both sides of Perry street, by purchase, or other- may be vacated. wise, that then said street be, and is hereby vacated.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 511.

A Further Supplement

To the act of incorporation of the Lehigh and Delaware Water Gap Railroad Company.

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 said company be and they are hereby authorized to extend their railroad from Freemansburg, in Northampton county, to Allentown, and Catasauqua, in Lehigh county: Provided, That the extension, hereby authorized, shall not be completed until that portion of the road, between Easton and Freemansburg, is completed; a bridge is constructed across the Lehigh river, at Freemansburg, and a connection made with the Iron Hill branch of the North Pennsylvania railroad, as contemplated by the act of incorporation, to which this is a supplement: Provided further, however, That the said company shall have the privilege of erecting a bridge at, or near, Bethlehem, (or of using the bridge of any other corporation, with their consent,) and thereby connecting with the main branch of the North Pennsylvania railroad, if they shall deem

expedient, in lieu of the aforesaid bridge, at Freemansburg, and of the said connection with the Iron Hill branch of said North Pennsylvania railroad: Provided further, That no part of the said extension, of said railroad, shall approach within ten feet of the canal of the Lehigh Coal and Navigation Company, along the valley of the Lehigh, except in crossing the canal of said company, with bridge-ways, which, in all cases, shall be constructed of a height, at least equal to that of bridges constructed by said company.

JOHN CESSNA,

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

Speaker of the Senate.

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

A. G. CURTIN.

commissioners

constituted.

No. 512.

An Act

To consolidate and fund the debt of the borough of Seranton.

SECTION 1. Be it enacted by the Senate and House of Represen latives of the Commonwealth of Pennsylvania in General Assem Board of loan bly met, and it is hereby enacted by the authority of the same, That Joseph Chase, John H. Sutphin, George Fuller, Thomas J. Walsh and Christian Robinson, of the borough of Scranton, Luzerne county, be and they are hereby appointed, and constituted, a board of loan commissioners, for said borough, and as such shall continue to perform the duties required of them by this act, without compensation, so long as required, to accomplish its true intent and object.

Organization.

Vacancies.

Oath.

To make a list of holders, namber and amount of borough bonds, and as certain entire

amount of debt.

SECTION 2. That the said commissioners shall, within four weeks from the passage of this act, organize, by the election of one their number president, and another secretary and treasurer; and in case of a vacancy in said board, by reason of resignation, death, refusal to act, or otherwise, said commissioners shall have power to elect another, or other persons, citizens of said borough, to fill such vacancy; said commissioners, before enter ing upon the duties of their office, shall be sworn, or affirmed, to perform the same, as required by this act, with fidelity.

SECTION 3. That it shall be the duty of said commissioners, immediately after their organization, to ascertain the names, and residences, of all persons who are holders of the bonds, heretofore issued by said borough, and keep a correct list of the same, and the number, and amount, of each bond, and also to

ascertain the amount of debt of said borough, of any, and all other, kinds, created for any purpose whatsoever, and by whom such debts are held, and cause a correct account, and entry, to be made of the same; said commissioners shall require their secretary to give notice, by publication, in one, or more, Secretary to newspapers, published in the county of Luzerne, and such other give notice, renotice as they think necessary, for at least four weeks, requiring quiring all perall persons, holding any of said bonds, or any other form, or certain time, to kind, of debt, or money obligation, against said borough, to give inform board of information of the same, to said secretary, within at least sixty bonds, &c., days from the date of the first publication of said notice, or on held. the giving of personal, or other, notice, or be debarred the benefits of this act.

sons, within a

with coupons,

SECTION 4. That said commissioners, as soon as they shall Authorized to ascertain the amount of the entire debt of said borough, of all make a loan for kinds, and for all purposes, whatsoever, are hereby authorized, entire debt, and issue bonds, and required, to make a loan for said borough, not exceeding, in amount, the total of said debt, and to issue bonds therefor, therefor. payable in not less than fifteen, nor exceeding twenty, years; said bonds to have interest coupons attached, for the payment of six per centum interest per annum, payable semi-annually; said bonds shall state that they are issued by the loan commissioners of the borough of Scranton, in pursuance of this act.

SECTION 5. That the bonds, herein authorized, shall be signed Bonds to be by the president of said board of commissioners, attested by signed by presi the secretary, with the seal of said borough attached; the cou- dent, &c. pons may be signed by the secretary only.

bonds issued.

SECTION 6. That said commissioners are authorized, either to Proposals for invite proposals for said loan, and with the proceeds of the loan loan may be inthus made, extinguish the whole, or any portion, of the debt vited, or the of said borough, or to fund the whole, or any portion, of said debt funded and debt, and in lieu thereof, issue therefor, the bonds herein authorized, and in this manner retire and cancel said debt, and all of the bonds heretofore issued by said borough, that may retired as aforesaid: Provided, Said loan shall not be nego- Proviso. tiated, or the bonds, herein authorized, disposed of, for a less sum than par value: And provided also, That no bond shall be Proviso. issued for a less sum than one hundred dollars.

be

SECTION 7. That it shall be the duty of the treasurer, herein Duties of treaauthorized to be appointed, by said commissioners, to collect surer. the taxes that shall be levied, in pursuance of this act, and from the fund arising therefrom, pay said interest coupons, when due, upon presentation, to keep an accurate account of the money collected and disbursed by him, also a register of the bonds herein authorized, and make report of the condition of his account to said commissioners, whenever required by them.

SECTION 8. That said commissioners are hereby authorized, Taxes to be and required, to procure, annually, from the assessor of said bo- levied. rough, or from the assessment returned by him, to the county commissioners, an accurate list of all the taxables of said borough, and their valuation, and therefrom, shall levy a special tax, sufficient to pay the annual interest on the bonds herein authorized; and also, a uniform special tax, annually, which will produce a sum sufficient to pay the principal of the loan, herein collection of.

Assessment and

Treasurer to give notice of appeals, &c.

Commissioners to notify bur

gess and council when the loan is made.

Limitation as to amount of borough debt, thereafter, con

tracted.

Orders upon the treasurer, rela

tive to.

authorized, when the same shall become due and payable; and said commissioners shall make out a duplicate, for the collection of said taxes, with their warrant, to said treasurer, for the collection of the same; and said treasurer shall have and possess all the authority, and be subject to all the liabilities, to enforce the collection of said taxes, as, by the laws of this commonwealth, are applied to collectors of county taxes.

SECTION 9. That when said duplicate shall be prepared, said treasurer shall give at least ten days' notice, in one or more newspapers, published in said borough, of the place where said duplicate can be inspected, and of the time and place for the hearing of appeals, by said commissioners, who are authorized to make such corrections, allowances, and exonerations as to them shall seem proper and just.

SECTION 10. That as soon as the loan, herein authorized, is made and completed, notice of the same shall be given, by said commissioners, to the burgess and common council of said borough, and thereafter, said burgess and council are hereby prohibited from contracting any debt or debts, exceeding the amount of the duplicate for borough taxes, deducting, therefrom, an allowance for exonerations and abatements, equal to that of the year preceding; nor shall any contract, or any agreement, that may require the payment of money, be made in anticipation of the duplicate for borough taxes, of a subsequent

year.

SECTION 11. That from and after the said notice given to said burgess and council, it shall be unlawful for them to give, or issue, any borough order, check, or other written or printed demand on the treasurer of said borough, for the payment of money, unless, at the time of giving or issuing the same, there is money in the treasury, applicable to the payment of the same; and to enable the said burgess and council to be informed, at all times, of the balance in the treasury, it shall be the duty of said treasurer to make report, monthly, to them, of the cash make monthly balance in his hands, at the commencement of the preceding reports to coun- month, together with all receipts and expenditures during the month.

Treasurer to

cil.

SECTION 12. That before the collector of said borough taxes, for said borough, or the treasurer of said commissioners, shall be qualified to enter upon the duties of his office, he shall enter into a bond, with at least two sureties, the first to be approved by the burgess and council, and the second by said commissioners, whose freehold estate shall be equal, in value, to twice the amount of their respective duplicates, conditioned for the faithful performance of their duties, as required by the laws of this commonwealth.

SECTION 13. That said commissioners are hereby required to create a sinking fund, for the special purpose of the payment of the loan, herein authorized; and the money arising from the special tax, herein authorized, for that purpose, shall be paid into said fund, and invested in the purchase of the bonds authorized by this act, which, when purchased, shall be immediately cancelled; and in case of their inability to purchase said bonds, shall invest said money in any other good interestbearing securities, to be applied, together with any balance