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St Paul R. C. by the Saint Paul's Roman Catholic orphan asylum of the asylnm Pitts city of Pittsburg, under the terms of the charter granted at the burg exempt last session of the legislature be, and the same is hereby extended to all assessments made, or hereafter to be made for school or state purposes.

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SECTION 9. The president, managers, and company, for Nescopeck bridge com- erecting a bridge over the river Susquehanna, at the falls of pany to com- Nescopeck, shall, and they hereby have the authority to purplete Berwick chase of the Hydraulic company of the borough of Berwick, Hydraulic in the county of Columbia, all the works of said Hydraulic

works.

Proviso in case stockhol

company, and to complete the same, and have and enjoy all the rights and privileges, and be subject to all the restrictions of said Hydraulic company: Provided, That if any stockders in bridge holder or stockholders in said Bridge company, shall give do not desire notice in writing, to the president or secretary of said coma connection pany, on or before the first day of August next, setting forth with Hydrau- that such stockholder or stockholders, do not wish to be conlic company. nected, or but partially connected with said Hydraulic works,

that it shall be lawful for such stockholder or stockholders, to hold his, her, or their stock, or any number of shares thereof in said bridge, separate and apart from said Hydraulic works, in the same manner as the same was held prior to the passage of this act.

SECTION 10. It shall be the duty of the president and managers of said Bridge company, to proceed immediately after Bridge com- the purchase of said Hydraulic works, to the completion. pany to pro- thereof, and the secretary and tresurer of said Bridge comdiate comple- pany, shall keep separate setts of books and accounts, the one

ceed to imme

tion

Accounts

how kept

Dividends

Lock-up house in

erected

of which shall contain a full and correct statement of all the business, charges, expenses, etcetera, of said bridge, and the other of said Hydraulic works, so that persons who may not be interested or but partially interested, in such Hydraulic works, may receive their dividends, be charged with expenses, etcetera, from said bridge, upon the same, without reference to said Hydraulic works.

SECTION 11. That it shall be the duty of the commissioners of the county of Lycoming, to erect a suitable building in Muncy to be the borough of Muncy, in said county, to be used as a lock-up house or place of security, for the temporary detention of persons committed by a justice of the peace of said county, for any violation of the laws of the Commonwealth, for which such person or persons could be lawfully committed to the common prison, there to remain and be kept, until such offender can be conveniently conveyed to the county prison, or until he be discharged according to law: Provided, that no person committed by a justice of the peace, shall be confined in said house for a longer period than twenty-four hours.

Proviso

Expenses

how paid

SECTION 12. The amount of money expended in the erection of said building, shall be paid out of the county treasury,

on warrants drawn by the commissioners; and after the said building shall be completed, the burgess and town council of said borough, shall take possession of and support the same without charge to said county.

Limitation

SECTION 13. That all and every the provisions and limitations of the sixth section of the act, entitled "A further supple- law of 1735 ment to an act entitled 'An act for the limitation of actions to extended to be brought for the inheritance or possession of real property, suits for penalor upon penal acts of assembly,"" passed the twenty-sixth day ties for issuing of March, seventeen hundred and eighty-five, be and the same small notes are hereby extended to all and every suit brought, or that may be brought, to recover a greater rate of interest than six per centum, or any penalty or forfeiture under any of the provisions of the act of the twelfth of April, one thousand eight hundred and twenty-eight, entitled "An act concerning small notes for the payment of money."

sell real estate

SECTION 14. That John N. Conyngham, executor of the J.N. Conynglast will and testament of Eleanor M'Call, late of the city of ham and Jos. Philadelphia, deceased, and Joseph Swift, executor of the last Swift, Execu will and testament of Mary M'Call, late of the same city, decea- tors of E. and sed, (the said Eleanor and Mary having been, in their life M M'Call, to time, the survivors of their three sisters, Isabella, Margaret and Catharine,) be hereby authorized to sell at public or private sale, as to them shall seem most conducive to the interest of said estate in their hands, all the right, title, interest and claim, of them the said decedents, Eleanor and Mary, or either of them, at the time of their respective deaths, of, in and to any real estate, or ground rents, lying, being and situated within the city or county of Philadelphia, and to convey the same by deed or deeds, to the purchaser or purchasers, so soon as such sale or sales shall be confirmed by the orphans' court of Philadelphia: Provided, That before such confirmation takes place, Proviso the said several executors shall give bonds with such security

as the said orphans' court shall judge proper, conditioned for Distribution the faithful appropriation and distribution of the proceeds of of proceeds such sales, according to the provisions of the said several last wills and testaments. It being understood, however, that the said respective executors are each one to act only in reference to the estate and interests of his proper testatrix.

Canal com

missioners to assess dama

SECTION 15. WHEREAS, The fifth section of the act of the sixth of April, Anno Domini, one thousand eight hundred and thirty-one, authorizes the canal commissioners to assess ges of Burke, damages in cases of injury done to private property by reason Mattess and of the construction of the Pennsylvania canal, where the same Burke & Son passes through the private property of individuals, or where on Del. div. materials have been taken for such canal;

And whereas, It is represented to the legislature that by reason of the construction of the new dam, during the last summer, across the Lehigh, damage was done to private pro

Pa, Canal

Proviso

2d proviso

Church at

perty of the several individuals hereinafter named, and the canal commissioners allege want of jurisdiction in consequence of the words "passing through" being only used in the said. section of the act aforesaid-for remedy whereof; therefore,

That the canal commissioners be and they are hereby authorized to view and assess the damages sustained by Joseph Burke and Philip H. Mattess, in his own right or in trust, as the case may be, and also by Joseph Burke and son, by reason of the construction of the dam aforesaid, if the same was occasioned thereby, taking into consideration the advantages, if any derived by the said persons, severally, from the location and construction of the said canal, and to draw their warrant on the state treasurer in favor of the said parties for the sums respectively awarded them, to be paid out of the damage. fund. Provided, That if the said canal commissioners shall not be satisfied that the damage done to said property was occasioned by the construction of the dam aforesaid, then no damages shall be awarded. And provided further, That the parties above named shall have the right of appeal to the board of appraisers, agreeably to the provisions of the sixth section. of the act aforesaid, in the event of their being dissatisfied with the sum awarded by the canal commissioners.

SECTION 16. That the canal commissioners be and they are Also of M. E. hereby authorized and empowered to inquire into the damage Jersey Shore done to the building of the Methodist Episcopal Church, in the town of Jersey Shore, in the county of Lycoming, by means of the construction of the West Branch canal; and if they find that the said building was injured or destroyed by reason thereof, and that there was no default or negligence on the part of the owners thereof, and that said damages have never been compensated, then to allow such sum therefor, as, taking all the circumstances into consideration, they and the advantages derived from the public works, they shall deem right and just, and draw their warrant for the same on the state treasurer, to be paid out of the damage fund.

Heirs of

SECTION 17. That the children and heirs of Christopher Norman, a natural child of Ann Ottinger, deceased, widow of Chrs't Norr Christian Ottinger, late of Montgomery county, deceased, man to inherit shall be able and capable, in law, to inherit and transmit the Ottinger and estate of the said Ann Ottinger, deceased, and any other estate legitimatized as fully and completely, to all intents and purposes, as if the

estate of Ann

said Christopher Norman had been born in lawful wedlock, and said children and heirs shall enjoy all the other rights, benefits and advantages of children whose ancestors were born in lawful wedlock.

SECTION 18. The collector of tolls on the Juniata Division of the Pennsylvania canal, at Huntingdon, be and he is hereby authorized and required to settle and adjust the debts yet remaining due and owing to individuals, on account of

ta div. to settle

repairs of

breach in 1838

repairing the breach of eighteen hundred and thirty eight, in Collector of the said canal, between Huntingdon and Hollidaysburg, in- tolls on Juniacluding the debts due on the check rolls of December, eighteen hundred and thirty-eight, and January, eighteen hundred and thirty-nine, and all other debts due to individuals on account of said breach, contracted or created during the months aforesaid, and the secretary of the commonwealth is hereby authorized and directed to pay to the said collector the sums so Sec'y Comadjusted by him, as they shall be required for the payment of monwealth to the said claims, out of the money he was authorized to receive pay to Collecfrom the Girard Bank, by the fourth section of the act relating tor money f'm Girard Bank to the public improvements, passed the eleventh of June, eighteen hundred and forty, and the state treasurer is hereby authorized and directed to receive from the former disbursing officers on the Huntingdon breach, the amount of such balances as may remain in their hands unexpended, and pay the same into the state treasury to the credit of the damage fund.

SECTION 19. That the auditor general is hereby directed

to draw his warrant on the state treasurer for the sum of two w. H. Hood hundred dollars, in full compensation for services rendered by certain pay William H. Hood, in the quarter master general's department during the year one thousand eight hundred and thirty-nine.

WM. A. CRABB,

Speaker of the House of Representatives.

JN. H. EWING,

Speaker of the Senate.

APPROVED-The twenty-first day of April, eighteen hun

dred and forty-one.

DAVID R. PORTER.

[No. 103.]

AN ACT

To exempt from taxation, the property of the overseers of the Public
School, founded by charter, in the town and county of Philadelphia, in
Pennsylvania, and for other purposes.

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 Property pubof the same, That the property of the overseers of the public lic schoolschool, founded by charter, in the town and county of Phila- Philadelphia delphia, in Pennsylvania, which is now, or may hereafter be co-exempt held in trust or otherwise, by them for the gratuitous instruc

from taxation

tion of the children of the poor, or for other charitable purpose or purposes, be and the same is hereby exempted from all county, corporation, poor and school taxes.

SECTION 2. That so much of the eighteenth section of an act authorizing the laying out of certain state roads, and for Cattawissa, other purposes, approved the twenty-fourth day of June, Columbia co eighteen hundred and thirty-nine, as provides that the streets, part of former and alleys within the limits of Roberts' addition to the town of Cattawissa, in the county of Columbia, shall be opened and improved, as other highways are opened and improved, be and the same is hereby repealed.

law repealed

Swatara railroad com

SECTION 3. That the time for commencing the Swatara rail road, be and the same is hereby extended, for the term of one mencement & year from the date hereof, and the time for completing said rail completion road, be and the same is hereby extended for the term of five extended years, from and after the date of this act, and the said company shall have full power, in addition to the powers already granted, to make branch or collateral rail roads, from the rail roads they Branch roads are authorized to construct, by their present charter, up Poplar, Bayley's and Martin's creek, being tributary streams of the Swatara, as far as they may think advisable.

SECTION 4. That the "Bernville Guards" and the "WashBerks co-cer-ington Troop," of Bernville, in the county of Berks, shall be tain volunteer exempted from parading or drilling with any regiment or batcompanies talion of militia, except at the discretion of the commanding exempt from officers of said companies: Provided, That said companies training with shall meet for drill in the number of days required by law, in militia their company capacity.

Delaware coreads

SECTION 5. That if any of the taxable inhabitants, of any of the townships in the county of Delaware, who may accept of the provisions of the act, entitled a supplement to an act entitled an act granting certain powers to the authorities of the city of Lancaster and Philadelphia, and for other purposes, passed April sixteenth, one thousand eight hundred and'thirty-eight, shall neglect or refuse to keep in good repair, the section or sections of road undertaken or contracted for by them, under the provisions of the twentieth and twenty-first sections of the act aforesaid; upon complaint of any of the citizens of the said township, or of the adjoining townships, made to the supervisors thereof, it shall be the duty of the said supervisors to examine thereinto as soon as practicable, and if they deem the complaint well founded, to give notice thereof to the party or parties complained of, and request him or them, to put his or their portion of road in good repair, within six days thereafter; and if he or they shall still neglect or refuse to repair the same, it shall be the duty of the said supervisors to have the same put in good repair, and the cost of said repairs shall be recoverable by said supervisors, of said contractor or contractors, as other debts of equal amount are by law recoverable, with costs of suit: Provi

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