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thence along Grant to Fifth street, and until said Fifth street
shall be opened through to Pennsylvania avenue, the said
company shall use Diamond street, between Grant street and
Pennsylvania avenue; thence along Fifth street, Diamond
street, Pennsylvania avenue, and the Farmers' and Mechanics'
turnpike road, to a public house known as Henry Barker's, or
Point Breeze, with the power also to use, for the purpose of
their railway, Shady lane, lying between the Farmers' and
Mechanics' turnpike and the Pittsburg and Greensburg turn-
pike road, and across said turnpike, and to the Penn Township
plank road; thence by the nearest and best route to the village
of Wilkinsburg: Provided however, That within fifteen months Proviso.
after the passage of this act, the said company shall lay their
road along said Shady lane, within four feet of the northern
line, commencing within two hundred feet of the Farmers'
and Mechanics' turnpike road, and in such manner that not
more than five feet of said lane shall be occupied therewith,
except where it may be necessary to cross said lane, or to con-
struct a switch or turn-out.

SECTION 4. That whenever any damages may be sustained, Damages, how or are likely to be sustained by reason of this company taking to be assessed possession of land or other property, or constructing their and paid. railway over private property or private roads, except so far as the usufruct of the before named public streets and roads necessary to the full and perfect enjoyment of the purposes of this act designed; and the said damages shall be assessed and paid in the manner, and according to the provisions of the eleventh section of the act of the nineteenth of February, Anno Domini one thousand eight hundred and forty-nine, entitled "An Act regulating railroad companies," and the several supplements thereto.

SECTION 5. That the business affairs of said company shall Management. be managed by a board of directors, consisting of three persons,

to be elected annually by the stockholders, on the third Monday Election of diof November of every year; and each member of said corpo- rectors. ration shall be entitled to a vote for each and every share of stock held by him or her; and further, ten days' notice of Notice. of every annual election shall be given by publication, in one or more daily newspapers published in the city of Pittsburg: Provided however, That the three persons named in this act Proviso. shall constitute the board of directors, until the third Monday

of November next; vacancies in the board of directors occur- Vacancies. ring by death, resignation or otherwise, shall be filled by the board, at any meeting called for the purpose; all persons, members of the board of directors, shall hold their office until their successors are regularly and legally chosen.

SECTION 6. That the said company shall have power to raise, Bonds may be on bonds to be secured by a mortgage of their railway, in- issued. cluding all its stock and franchises, any sum of money not exceeding sixty thousand dollars, for the purpose of carrying out the true intent of this act; no bonds, however, shall be issued for a less sum than one hundred dollars, with interest, at a rate not exceeding seven per centum; said bonds and mortgage to be signed by the treasurer, who shall affix thereto the corporate seal of said company.

Rates of fare.

Certain sum to

treasury.

SECTION 7. That the board of directors of said railway company shall have power to charge and collect any rate of fare for the transportation of passengers over their said road, not exceeding six cents per passenger, to or from any point between Ferry street, in the city of Pittsburg, and Charlotte street, in the village of Oakland, and six cents from any point between said Charlotte street and the village of East Liberty, and between East Liberty and Wilkinsburg, five cents.

SECTION 8. That in consideration of the use of the streets of

be paid into eity the city of Pittsburg, traversed by said railway, said company shall pay into the treasury of the city of Pittsburg, annually, such sum of money as the said railway company and the councils of said city may agree upon: Provided however, That the said company, at their own cost and charges, shall keep keep streets in in good repair so much of the streets over which their road passes as may lie between the rails of the track, any law or usage to the contrary notwithstanding.

Required to

good repair.

Penalty for injuries to property or obstructions.

May change grade of turn pikes or plank

reads.

SECTION 9. That if any person or persons shall wilfully break, remove, destroy or injure any part of the said railway, or the cars, carriages, station houses or other buildings or property of said company, or shall, without the consent of said company, obstruct or impede the passage on or over the said railway, or any part thereof, the person or persons so offending shall forfeit and pay, for every such offence, the sum of ten dollars, to be paid into the county treasury; all such suits shall be in the name of the commonwealth of Pennsylvania, for the use of the county of Allegheny; and the person or persons so offending shall be and remain liable, in addition to said penalty, to action or actions, at the suit of said railway company, for any loss or damage occasioned by his, her or their act or acts as aforesaid.

SECTION 10. That said railway company shall have full power and authority to make such changes in the grade of any turnpike, plank and other roads, as may be required to enable them to use their railway with ease and convenience, without obstructing such turnpike or plank road: Provided, That nothing Use of locomo- contained in this act shall authorize the use of locomotives, tives prohibited with steam power, on any part of the said road.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 70.

A Supplement

To an act, entitled “An Act to incorporate the Pennsylvania Company for Insurance on Lives and Granting Annuities, and for other purposes," passed the tenth day of March, one thousand eight hundred and twelve.

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,

crease capital.

That the stockholders of the Pennsylvania Company for Stockholders Insurance on lives and granting annuities be and they are may authorize hereby authorized, by a majority of the votes, at a meeting directors to inheld for that purpose, called upon thirty days' notice, in at least two daily newspapers, published in the city of Philadelphia, to empower and direct the board of directors to increase the capital of the said company, either at one, or at several and successive times, by the issue of new stock, the

par value of which shall not exceed five hundred thousand Limitation dollars: Provided always, That the said stockholders shall, at Proviso. said meeting, first accept the provisions of this act, by a majority of votes then present, in person, or by attorney, duly

constituted and appointed.

SECTION 2. That the said company shall be required to pay Tax on increase to the state treasurer, for the use of the commonwealth, a tax of stock to be of one-half per centum on the par value of the capital stock paid. which may be issued under the provisions hereof.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 71.

An Act

Supplementary to the act incorporating the borough of Mechanicsburg, the county of Cumberland.

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,

Additional as

sessments authorized.

Appeal.

Vacancies in of

That it shall be the duty of the assessors for the said borough of Mechanicsburg, to assess, and return to the town council of said borough, all persons who may remove into the borough of Mechanicsburg, after the assessments for county rates and levies shall have been made, in each and every year, as well as all persons who may be omitted in the county assessment, together with a valuation of their property, professions, callings, or things liable to taxation; said persons, so returned, to be taxed for borough purposes, the same as if they had been returned by the county commissioners; giving, however, to persons so assessed and returned, the right to be heard, on an appeal, by the town council, if such persons should so require to be heard, at any regular meeting of said council, before the duplicate for the collection of the taxes shall have been issued to the collector.

SECTION 2. That in case of a vacancy in the office of chief or fice of burgess. assistant burgess of said borough, caused by death, inability, or refusal to perform the duties of said offices, respectively, it shall be the duty of the town council of said borough, to elect some qualified person to fill said vacancy or vacancies, respectively, until the next annual borough election.

Refusal to pay

SECTION 3. That upon the conviction of any person or perpenalty for vio- sons, of violation of a borough ordinance, and judgment lations of ordi- rendered for the amount of the penalty imposed for such nances, relative violation, it shall be the duty of the officer executing such to. judgment, upon the refusal of the person or persons thus convicted to pay the amount of such judgment, together with the costs, to proceed to collect the amount of the penalty thus imposed, together with the costs, in like manner as is rendered the duty of the collector of county rates and levies, upon the neglect or refusal of any person to pay the amount of tax assessed against him, and in default of property, and failure to give satisfactory security for the payment of the same, within ten days, to be committed to the lock-up, for a period not exceeding the time limited by the charter.

Repeal.

SECTION 4. That all acts, or parts of acts, inconsistent herewith, be and the same are hereby repealed, so far as relates to the borough of Mechanicsburg.

JOHN CESSNA,

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

Speaker of the Senate.

APPROVED-The twenty-seventh day of February, Anno

Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 72.

An Act

Entitled an act to repeal "An Act to secure a stricter accountability of certain public officers in Schuylkill county," so far as the same relates to the township of South Manheim, in Schuylkill county.

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 act of assembly, approved the seventeenth day of February, Anno Domini one thousand eight hundred and fiftynine, entitled "An Act to secure a stricter accountability of certain public officers in Schuylkill county," be and the same is hereby repealed, so far as the same relates to the township of South Manheim, in said county of Schuylkill, and that the laws existing prior to the passage of the act hereby repealed as aforesaid, be and the same is hereby revived in said township.

JOHN CESSNA,

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

Speaker of the Senate.

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

A. G. CURTIN.

No. 73.

An Act

Relative to the several Courts of Huntingdon county.

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 from and after the passage of this act, the several courts of Huntingdon county shall be held or continued one or two weeks, at the discretion of the court.

JOHN CESSNA,

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

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

A. G. CURTIN.

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