female, owned, possessed or kept by any person or persons within said township, shall note the number owned or possessed by any person or persons, and kept about any one house, and furnish to the auditors of said township with the said account, whereupon the auditors of the said township shall levy and cause to be collected annually by the collectors of the State and county tax, who are hereby invested with like authority and power to collect said tax on dogs, as are the collectors of township rates and levies, from every person owning, possessing or keeping more than one dog, the sum of fifty cents for the second, and one dollar per head for all above two, which tax shall be paid to the town clerk of said township, who is hereby constituted treasurer of said fund whose duty it shall be to pay out on warrants issued and signed by at least two of the auditors of said township, and when any inhabitants in said township shall sustain damage by having sheep injured and destroyed within the same by a dog or dogs, he or she may apply to the auditors of said township who are hereby appointed appraisers of the damage done by the dogs to sheep, and they, or any two of them are hereby authorized and required to ascertain the amount of damage sustained by the owner of such sheep injured or destroyed as aforesaid, and certify the same. SECTION 5. That John H. Shryock, of the county of Indiana, be John H.Shryock and he is hereby appointed a commissioner to change, alter and re-locate appointed a at its present width, that part of the Armstrong and Indiana turnpike commissioner. road which lies between the line of David Crookshank's land, and the line of James Hefflefinger's land in said county. SECTION 6. That the supervisors of Armstrong township in said Duties of supercounty, shall immediately upon receiving notice from said commissioner visors of Arm of the change and re-location aforesaid, open the said road, and there- strong ip. after keep the same in repair in the same manner as other parts of said road within said township. SECTION 7. That the register of the county of York, is hereby au- Register of York thorized and directed to enter upon the books provided for that pur- co. to make cerpose, the names of John C. Boyd and family, who do not come within tain entries. the provisions of the act providing for the registration of births, mar riages and deaths. APPROVED-The seventeenth day of March, A. D., one thonsand eight hundred and fifty-three. WM. BIGLER. 1844. No. 146. A SUPPLEMENT To an act further to regulate proceedings in courts of justices, 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 of the same, That the first Construction of section of the act entitled "An Act further to regulate proceedings in first section of courts of justices, and for other purposes," approved the sixth day of 6th May, A.D., May, one thousand eight hundred and forty-four, shall not apply nor be held or construed to apply to any bill or proceeding in equity, whether now pending or hereafter to be instituted, wherein the Commonwealth is plaintiff or complainant: Provided, however, That in all such cases it shall be the duty of the court, in which the same may be depending, as far as practicable, to expedite the final hearing and determination thereof by such order or orders as they may deem expedient or advisable for that purpose. Proviso. Proceedings before supreme court, by quo warranto. SECTION 2. That in all proceedings by quo warranto, whether at the suggestion of the Attorney General or any person or persons desiring to prosecute the same, against any association or any number of persons who shall act as a corporation, or shall exercise any of the franchises or privileges of a corporation without lawful authority, or against any corporation which shall forfeit by mis-user or non-user its corporate rights, privileges, or franchises, or shall do, suffer, or omit to do any act, matter, or thing whereby a forfeiture thereof shall by law be created, whether the said forfeiture may be declared by the Legislature or otherwise, or shall exercise any power, privilege, or franchise not granted or appertaining to such corporation, the suggestion may be filed and all proceedings had in the supreme court, wherever the same may be sitting, and any questions of fact on which an issue may be ordered shall be tried before a judge of the supreme court and by a jury summoned from any county in which the supreme court shall be sitting at the time of such trial and proceedings commenced or prosecuted in any district as may be requisite for the speedy determination thereof. APPROVED-The seventeenth day of March, A. D., one thousand eight hundred and fifty-three. WM. BIGLER. No. 147. AN ACT To incorporate the Mercer and New Lebanon plank road company; and relative to the borough of New Castle, Lawrence county. 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 Commissioners. John Forker, William Maxwell, Samuel Griffith, Lewis Weaver, Henry Forker, Samuel Kepner, Joseph Shipler, Samuel Henderson, Samuel M'Millan, William Miller, Jacob Fahniger, James F. Brown, John P. Vath, Samuel Kerr, James A. Leach, James Murr, Robert C. Jordon, or any five of them, are hereby appointed commissioners to open the books, receive subscriptions, and organize a company by the name, style Style. and title of "The Mercer and New Lebanon plank road company," to locate and construct a plank road from the borough of Mercer to the village of New Lebanon, in the county of Mercer, subject to all the Subject to the provisions and restrictions of an act regulating turnpike and plank road provisions of companies, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the supplements thereto, so far as the same are not inconsistent with the following sections. certain act. SECTION 2. That the capital stock of said company shall consist of Capital stock. one thousand shares, at twenty-five dollars per share: Provided, That Proviso. the said company may from time to time, at a meeting of the stockholders called for that purpose, increase the capital stock to such an amount as in their opinion may be required to complete said road adcording to the true intent and meaning of said act. SECTION 3. That if the said company shall not commence the con- Commencement struction of said road within two years, and complete the same within and completion five years, this act shall be null and void except so far as may be necessary to settle the affairs of the company. of road. to lay out streets, &c. SECTION 4. That on application of the citizens of the borough of Town council of New Castle, to the town council by petition, to lay out, widen or New Castle to straighten any street, lane or alley, sewer or water course now laid out, appoint viewers or to be laid out, the said town council shall have power to appoint three viewers, citizens of said borough, one of whom shall be a practi cal surveyor, who shall have power to enter upon any lands within the limits of said borough, and lay out new streets, lanes, alleys, sewers or water courses, or widen those already laid out; the viewers so appointed shall assess the damages, taking into consideration the advantages as well as the disadvantages done to the owners of property by sach opening or widening, and shall make report of the same with their report of the said street, accompanied by a draft thereof, to the town council, which report if approved, shall lie over for thirty days to give time for exceptions, when said exceptions shall be considered, and if not sustained, said town council may confirm said report and fix the width of said street, lane, alley, sewer or water course; within thirty days after said confirmation, any property holder aggrieved may appeal from the judgment of said council to the court of quarter sessions of Lawrence county, whose decision shall be final; such appellant shall apply to the clerk of said council and procure a transcript of the proceedings in the matter, which he shall file in the office of the clerk of said court, and shall enter in recognizance before him with one sufficient surety, in a sum sufficient to cover all costs that may accrue; if said appeal be not sustained, the town council shall designate one of the viewers to put up six written or printed notices of the time and place of meeting of said viewers, ten days previous to the view; the viewers shall before entering upon their duties, be sworn or affirmed; said council may prescribe a time for the return of said views after the report of viewers in relation to any street, lane, alley or sewer is confirmed by the said council, and by the court if appealed from the said council, shall issue their order to the street commissioners to open the same; before opening of any street, lane, alley or sewer as aforesaid, the president and clerks of said council shall draw their warrant upon the treasurer of said borough for the damages so assessed: Any law of this Commonwealth inconsistent herewith is hereby repealed. W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, Speaker of the Senate. APPROVED-The seventeenth day of March, A. D., one thousand eight hundred and fifty-three. WM. BIGLER. Preamble. Deed of trust, executed by C. Willing. No. 148. AN ACT Relative to the revocation of a certain deed of trust, executed by Charles WHEREAS, Charles Willing, then of the city of Philadelphia, did, on the twenty-fourth day of January, Anno Domini, one thousand eight hundred and forty-three, execute a deed of trust to George H. Thompson and Josiah Randall: And whereas, The said Josiah Randall and the said George H. Thompson, together with the said Charles Willing, and all parties in interest, unite in praying the Legislature to revoke the said deed: SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the deed of trust executed by Charles Willing, then of the city of Philadel phia, to George H. Thompson and Josiah Randall, on the twenty fourth day of January, Anno Domini, one thousand eight hundred and forty-three, be, and the same is hereby revoked. W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, Speaker of the Senate. APPROVED The seventeenth day of March, A. D., one thousand eight hundred and fifty-three. WM. BIGLER. No. 149. AN ACT To authorize the administratrix of Benjamin A. Bidlack, deceased, to sell and convey real estate, and relative to the courts in Lebanon and Dauphin counties. 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 Estate of BenjaMrs. Matilda M. Miner, (late Mrs. Matilda M. Bidlack, and now the min A. Bidlack. wife of Doctor Thomas W. Miner,) administratrix of the estate of Benjamin A. Bidlack, late of the county of Luzerne, deceased, be, and she is hereby authorized and empowered to sell at public or private sale, in such manner and at such price or prices as she may deem expedient and most conducive to the interest of said estate, all the right, title and interest, which the said Benjamin A. Bidlack, at the time of his death, had, and held in and to any and all lands in the county of Luzerne, and to convey such right, title and interest in and to any and all such lands to the purchaser or purchasers thereof, by proper deed or deeds, and such sale or sales, and conveyance or conveyances, shall be as effectual to vest title in such purchaser or purchasers, as if the same had been made and executed by the said Benjamin A. Bidlack in his life-time; Provided, That before the execution Proviso. and delivery of any such deed or deeds, any and all such sale or sales, shall be reported to the orphans' court of said county of Luzerne, and with any such report, said administratrix shall file in said court a bond in such sum, and with such surety or sureties as said court shall approve, conditioned for the just appropriation of the purchase money, and thereupon, said court, if satisfied of the propriety of such sale or sales, shall endorse an order of absolute confirmation of the same upon said report. WHEREAS, On the tenth day of June, A. D., one thousand eight Preamble. hundred and thirty-four, the said Benjamin A. Bidlack, in and by a certain contract, in writing, by him executed and delivered to Nathan Beach, Esquire, of the said county of Luzerne, now deceased, agreed for the considerations in said contract recited, to hold in trust for the |