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Preamble.

No. 568.

An Act

To prevent frauds upon travelers.

WHEREAS, Numerous frauds have been practised upon unsuspecting travelers, by means of the sale, by unauthorized persons, of railway, and other tickets; and also, upon railroads, and other corporations, by the fraudulent use of tickets, in violation of the contract of their purchase; now, therefore, with the view of preventing, and punishing, such frauds,

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 Agents for the That it shall be the duty of the owner, or owners, of any railsale of railroad road, steamboat, or other conveyance, for the transportation tickets, &c., re- of passengers, to provide each agent, who may be authorized quired to have to sell tickets, or other certificates, entitling the holder to travel upon any railroad, steamboat, or other public conveyance, with a certificate, setting forth the authority of such agent, to make such sales; which certificate shall be duly attested, by the corporate seal, if such there be, of the owner of such railroad, steamboat, or other public conveyance; and also, by the signatures of the owner, or officer, whose name is signed upon the tickets, or coupons, which such agents may sell.

certificates of their authority.

Persons, unauthorized, pro selling tickets,

hibited from

&c.

Penalty for violating the provisions of this

act.

Agents to exhibit their au

SECTION 2. That it shall not be lawful for any person, not possessed of such authority, so evidenced, to sell, barter, or transfer, for any consideration whatever, the whole, or any part, of any ticket, or tickets, passes, or other evidences of the holder's title, to travel, on any railroad, steamboat, or other public conveyance, whether the same be situated, operated, or owned, within, or without, the limits of this commonwealth. SECTION 3. That any person, or persons, violating the provisions of the second section of this act, shall be deemed guilty of misdemeanor, and shall be liable to be punished, by a fine, not exceeding five hundred dollars, and by imprisonment, not exceeding one year, or either, or both, in the discretion of the court in which such person, or persons, shall be convicted.

SECTION 4. That it shall be the duty of every agent, who shall be authorized to sell tickets, or parts of tickets, or other thority, when evidences of the holder's title to travel, to exhibit, to any person requested, and desiring to purchase a ticket, or to any officer of the law, who certificate to be may request him, the certificate of his authority thus to sell, posted in con- and to keep said certificate posted, in a conspicuous place, in spicuous place. his office, for the information of travelers.

Railroad and

steamboat companies, &c.. to

provide for the redemption of tickets or con

pons not used.

SECTION 5. That it shall be the duty of the owner, or owners, of railroad, steamboat, and other public conveyances, to provide for the redemption of the whole, or any parts, or coupons, of any ticket, or tickets, as they may have sold, as the purchaser, for any reason, has not used, and does not desire to use, at a rate which shall be equal to the difference between

the price paid for the whole ticket, and the cost of a ticket between the points, for which the proportion of said ticket was actually used; and the sale, by any person, of the unused por- Prohibition as tion of any ticket, otherwise than by the presentation of the to the sale of same, for redemption, as provided for in this section, shall be the same. deemed to be a violation of the provisions of this act, and shall be punished, as is herein before provided: Provided, That Proviso. this act shall not prohibit any person, who has purchased a ticket, from any agent, authorized by this act, with the bona fide intention of traveling upon the same, from selling any part of the same, to any other person, if such person travels upon the same.

JOHN CESSNA,

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

Speaker of the Senate.

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

A. G. CURTIN.

No. 569.

An Act

To authorize the Treasurer of the Commonwealth to pay to George R. Berrell money, overpaid by him, as an auctioneer.

WHEREAS, George R. Berrell, an auctioneer, in the city of Philadelphia, alleges, that he has paid to the treasurer of the commonwealth, for licenses to act as an auctioneer, the sum of five hundred dollars, per annum, for the years one thousand eight hundred and sixty, one thousand eight hundred and sixtyone, and one thousand eight hundred and sixty-two; and that the law, relating to auctioneers, required him to pay but one hundred dollars, per annum, because, as he further alleges, his sales did not, in any year, aforesaid, amount to fifty thousand dollars; and that he, thereby, paid to the treasurer of the commonwealth, twelve hundred dollars more than was required, by law; 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 it shall be the duty of the auditor general to examine the accounts of said George R. Berrell, as auctioneer, aforesaid; and if, upon such examination, it shall be found that the said George R. Berrell, by reason of the facts set forth in the preamble, has been erroneously classed, as an auctioneer, he

shall certify the fact to the state treasurer, with the amount, if any, which the said George R. Berrell has overpaid, for license, by reason of such erroneous classification; and, thereupon, the state treasurer shall pay, to the said George R. Berrell, the amount so certified to have been overpaid by him. JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 570.

An Act

Relative to the Scranton Bank.

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 auditor general be and he is hereby authorized to dispense with the publication, required by the second section of the act of May first, one thousand eight hundred and sixtyone, relating to free banks, in the case of the application by W. W. Winton, Burton Kingsbury, George Sanderson, George S. Kingsbury, and others, their associates, to organize a bank, to be called the Scranton Bank, to be located at Scranton, Pennsylvania, under the provisions of the said free banking law: Provided, That all other requisites, and provisions, of said law, be complied with, in its organization.

JOHN CESSNA,

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

Speaker of the Senate.

APPROVED-The twentieth day of May, Anno Domini one

thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 571.

A Supplement

To an act relating to the Catasauqua and Fogelsville Railroad 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 it shall, and may, be lawful, for the Catasauqua and Fo- Authorized to gelsville Railroad Company, at such times, hereafter, as they construct addimay desire, to project, and construct, additional tracks, sidings, tional tracks, turnouts, depots, water stations, engine houses, telegraph wires, depots, teleand all necessary buildings, houses, shops, and offices, and re- &c., and re-lograph wires, locate their road, at such points as they may deem necessary, cate their road. except within two miles of Fogelsville; and, in exercising the authority, conferred by this act, the said company shall be en titled to all the rights, and privileges, and be subject to all Subject to the restrictions, of the several acts of assembly, now in force,

affecting said company.

SECTION 2. That the said company shall have the right to May extend extend their branches four miles, in addition to what is already their branches authorized, and also, so as to connect with their ore beds, at or near the village of Bath.

and connect with ore beds.

SECTION 3. That before entering upon, and occupying any Damages, relalands for said purposes, the said company shall pay, or secure tive to. to be paid, to the owners of the land, the amount of damages, if any, accruing to them, if the terms can be mutually agreed upon, and in case they can not, the said company shall apply, by petition, to the court of common pleas of the county wherein the land is situated, setting forth the facts, and asking for the appointment of viewers; and thereupon, the court shall appoint five disinterested persons, to view, determine, and assess, the damage, if any, which may accrue to the owner, by reason of the taking and using of the same; and the award of a majority of the viewers, when filed in the said court, shall be final and conclusive, without appeal by either of the parties.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twenty-sixth day of May, Anno Domini

one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 572.

An Act

To authorize Woodland street, in the Twenty-fourth ward of the city of Philadelphia, to be graded, curbed and paved.

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 city of Philadelphia may, at any time hereafter, grade, curb and pave, or cause to be graded, curbed and paved, Woodland street, from the intersection of the same with Market street, in the Twenty-fourth ward, of the proper width, as laid down on the plan of said city; and it shall be the duty of the chief commissioner of highways of the said city, immediately, to give thirty days' notice of the intention so to grade, curb and pave said street, or any portion thereof, to any plank road, turnpike or passenger railway company, occupying or using the same portion of said street; and upon the expiration of said notices, shall enter into a contract, with a competent paver or pavers, to do said work, which shall be paid for, by warrants drawn, by the chief commissioner of highways, duly countersigned by the controller, on the treasurer of said city; and the said city shall colleet the cost of said curbing and paving, from the owners of property, fronting on said street, as provided by law; the said city, before commencing to curb and pave, as aforesaid, shall pay unto the Delaware County Turnpike Road Company, the sum of thirty-three hundred and twenty-five dollars, in full consideration for their chartered privilege to collect tolls on said portion of said street; and said company shall not be entitled to demand, or receive, any toll for the use of said street thereafter, or exercise any chartered privilege over the same; and so much of the capital stock of the Delaware County Turnpike Road Company, as was specifically subscribed for making that part of their road, as above mentioned, shall become extinguished upon re-payment to the holders thereof, by the company, the par value of such stock; the Philadelphia and Darby Passenger Railway Company shall be required to keep in repair, only so much of said street as may be within their tracks; that the city of Philadelphia, before taking possession of that portion of the Darby Turnpike or Plank Road Company, between Thirty-ninth and Forty-first streets, the said city of Philadelphia shall pay, or cause to be paid, to the treasurer of the said, the Darby Turnpike or Plank Road Company, the cost of that portion of said road; the same to be computed at the average of the original cost of the whole of said road. JOHN CESSNA,

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

APPROVED-The twenty-seventh day of May, Anno Domini

one thousand eight hundred and sixty-three.

A. G. CURTIN.

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