No. 161. AN ACT To change the venue in a certain case from Dauphin to Union county. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly mel, and it is hereby enacted by the authority of the same, That a certain issue joined in the court of common pleas of Dauphin county, number one hundred and forty-eight, April term, one thousand eight hundred and fifty-two, in which James F. Linn, administrator of Jackson McFadden, is plaintiff, and the Keystone Mutual Life and Health Insurance company, of Harrisburg, is defendant, be, and the same is hereby removed to the court of common pleas of Union county for a trial, by a jury or juries of Union county aforesaid, and that the said court is hereby authorized to proceed to trial, verdict and judgment and execution as the said court in Dauphin county, in which the same is pending, could or might do; Provided, That final judgment of said issue shall be subject to writs of error, as in other eases, and in case of the removal of the same, and a venire facias dé novo awarded, the same shall be again transferred as tried in Union county, in the same manner as herein before provided for. APPROVED-The twenty-sixth day of March, one thousand eight hundred and fifty-three. WM. BIGLER. No. 162. AN ACT To incorporate the Loudon and Fannettsburg turnpike road company. SECTION 1. Be it enacted by the Senate and House of Represenlatives of the Commonwealth of Pennsylvania in General Assembly, met, and it is hereby enacted by the authority of the same, That Hezekiah Easton, Abraham Burkholder, Jonathan Wright, William Commissioners. M'Grath, John L. Hossler, Jacob Kegerins, John W. Witherow, William Noble, Samuel Walker, Stephen O. Brown, Peter Stinger, John Beever and J. J. Kennedy, or any five of them, be, and they are hereby appointed commissioners, to open books, receive subscrip Style. Location. Subject to provisions of cer tain act. Capital stock. Proviso. Tolla. Commencement tions to stock, and organize a company by the name, style and title of "The Loudon and Fannettsburg turnpike road company," with power to locate and construct a turnpike road from a point on the public road leading through the town of Fannettsburg in Franklin county, in or near said town, to a point on the Chambersburg and Bedford turnpike road, at or near the town of Loudon in said county, on the best and most eligible route from point to point, as may be determined by said commissioners, subject to all the provisions and restrictions of an act regulating turnpike and plank road companies, approved the twentysixth day of January, one thousand eight hundred and forty-nine, and the supplements thereto. SECTION 2. That the capital stock of said company shall consist of four hundred and eighty shares, at twenty-five dollars per share: Provided, That said company may from time to time, by a vote of the stockholders, at a meeting called for that purpose, increase their capital stock so much as in their opinion may be necessary to complete the road, according to the true intent and meaning of this act. SECTION 3. That whenever the said company shall have completed said road, they shall have power to erect toll-gates and receive the same tolls per mile as are allowed by the twelfth and thirteenth sections of the aforesaid act, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine. SECTION 4. That if the said company shall not commence the conand completion struction of said road within three years, and complete the same within six years from the passage of this act, then this act shall be null and void, except so far as may be necessary to settle up and pay of read. of said company. the debts W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, Speaker of the Senate. APPROVED-The twenty-sixth day of March, one thousand eight hundred and fifty-three. To extend the limits of the borough of Norristown, in the county of Montgomery; regulating certain election districts; relative to elections in Dauphin county; and the election of police officers for the borough of Frankford, Philadelphia 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 the borough of Norristown, in the county of Montgomery, shall hereborough of Nor- after consist of all the territory included within the following boun daries, to wit: beginning at a point of low water mark of the river Schuylkill, in Norriton township, in a line of lands of the Montgomery Limits of the ristown ex tended. cemetery company, and the Schuylkill navigation company, thence along the said line north forty-one degrees forty-five minutes, east fourteen perches and thirty-four hundredths of a perch to a point; thence along the line of lands of said Montgomery cemetery company, and Henry G. Hart, north forty-one degrees eight minutes, east fifty perches and eighty-six hundredths to a corner in a line of lands of the said Montgomery cemetery company, and John R. Kooken; thence along the said line north forty-nine degrees thirtytwo minutes, west twenty-seven perches and sixty-one hundredths to a point; thence along the same line of lands north forty degrees fiftyfour minutes, east seventy-one perches and ninety-three hundreths to the Ridge turnpike; thence along the south-west side of the said Ridge turnpike north forty-nine degrees thirty-two minutes, west four perches to a point in the line of lands of David Krause; thence along the line of lands of said David Krause and the said Montgomery cemetery company, south forty degrees fifty-four minutes, west seventyone perches and ninety-three hundredths; thence along the same line of lands north forty-nine degrees thirty-two minutes, west twentyseven perches and six hundredths to a point in the line of lands of the said Montgomery cemetery company and the said David Krause, and also of lands late of Joseph Rittenhouse, deceased, in the middle of a public road; thence along the middle of the said public road and along the line of lands of the said David Krause and the Messrs. Hartman, north forty degrees forty minutes, east seventy-one perches and ninety-three hundredths to the Ridge turnpike, thence across the said Ridge turnpike and on a line dividing lands of Thomas P. Knox, Thomas Shepherd, deceased, Samuel Haws, William Rhoads and Jacob Moyer, on one side, and Philip Hahn, Thomas Shepherd, deceased, Henry Novioch, James Shannon, Samuel Shannon and Albannus C. Logan, on the other side, about the same course as last aforesaid, to a point in a line of David Getty's land, and also a corner of said Jacob Moyer's land; thence along the line dividing lands of said David Getty and Albannus C. Logan, on one side, and Jacob Moyer, Jacob Scheets and John Taney, on the other side, south about fortynine degrees and a quarter, east to a point in the north-west side of Sweede street or State road; thence across the said road into the Plymouth road and along the middle of said Plymouth road a distance of three hundred and forty-seven perches to a point in the middle of the said Plymouth road, and in a line dividing the townships of Norriton and Plymouth; thence in a straight course to a point at low water mark in the river Schuylkill, which point is one hundred and twenty-eight perches east of the present borough line; thence up the several courses of the said river Schuylkill and along low water mark thereof, to the place of beginning. SECTION 2. That from and after the passage of this act, so much of Borough divide the said borough as lies north-west of Sweede street and the State into wards. road, shall constitute the upper ward thereof, and so much of the said borough extending from the river Schuylkill to the north eastern boundary of said borough, as is included between Sweede street and DeKalb street, and between the State road and the DeKalb street road, shall constitute the middle ward, and so much of said borough as lies south east of DeKalb street and DeKalb street road, shall constitute the lower ward. SECTION 3. That Philip Super, Charles F. Jenkins and John Commissioners Thompson, of the county of Montgomery, be, and they are hereby and their duties. appointed commissioners, and they, or any two of them, being duly sworn or affirmed to perform their duties with impartiality, shall have Vacancies. full power and authority, and they are hereby enjoined and required, as soon as conveniently, may be, to employ a suitable and competent surveyor and cause a general survey to be made of all the territory of the said borough which has not been heretofore surveyed and laid out and approved as a part of the town plot thereof by the town council of said borough, and the said commissioners shall have authority to survey and lay out, and mark the lines of such streets, roads, lanes and alleys, as they shall deem necessary, within the said limits, for the convenience of the public and inhabitants thereof, and they shall make or cause to be made a correct plan or draft thereof, together with the connecting streets, with the names of the streets and all other explanations necessary to a perfect understanding of the same, and file the same in the court of quarter sessions of the peace of Montgomery county, for public inspection and examination, and the clerk of the said court shall give notice in at least two newspapers published in the said borough, that on a certain day, to be fixed by the court, the court will hear any objections that may be made thereto, by any citizen or holder of real property within the limits of such survey, who shall consider themselves aggrieved, and the said court shall at the time appointed, judge and determine whether any and what alteration shall be made therein, and shall direct the said draft or plan, with such alterations as shall be made, if any, to be recorded in the office for recording of deeds in the said county, and thenceforth all the said streets, roads, lanes and alleys so approved, shall be forever deemed, adjudged, and taken to be public highways, and the survey so returned and recorded shall be and remain unalterable; and inasmuch as the public convenience will be for the present answered by the certain knowledge where and in what manner such streets, roads, lanes and alleys will in future run, but as it may not be necessary immediately to lay all of them open, and in order to provide for the opening of the same from time to time, as the increasing improvement of the borough may require, it shall and may be lawful for any number of citizens of the said borough, not less than seven, whose lands lie near or adjoining to such streets, road, lane, or alley, to apply by petition to the court of quarter sessions of the county of Montgomery, who, after hearing the petitioners and such of the persons through whose lands such street, road, lane or alley may pass, as shall offer objections thereto, to determine whether it be proper at the time to direct the opening of the same, and if the court shall be of opinion that the state of improvement in the neighborhood is such as to require the opening thereof, they shall issue their warrant, directed to the street and road commissioners of the said borough, enjoining and requiring them to open such street, road, lane or alley, according to the plan or draft of the survey, and thereupon the town council of the said borough shall, if at the time they have not already done so, immediately fix the grade of such street, road, lane or alley, by which grade the street and road commissioners shall also be governed in opening the same, and the person or persons who shall sustain any damages by laying out and opening such street, road, lane or alley, shall be entitled to recover the same in the same manner as if such street, road, lane or alley had been originally laid out by order of the court of quarter sessions, under the general road laws of this Commonwealth. SECTION 4. That should either of said commissioners die or refuse to serve, the court of quarter sessions of the county of Montgomery shall, on the petition of one or more citizens of said borough, appoint a suitable person or persons to fill the vacancy occasioned by such death or refusal to serve, and the said commissioners shall each receive one dollar and fifty cents per day for their services, and the said surveyor shall receive for all his services such compensation as the town council of said borough shall judge to be reasonable and just in the premises, all of which per diem allowance and expenses shall be paid by the said borough. SECTION 5. That the council of said borough, when assembled to- By-laws and gether for that purpose, shall have full power and authority to make ordinances. and ordain such laws and ordinances not inconsistent with the constitation and laws of this Commonwealth, as shall be necessary for lighting, watching, watering, pitching, paving, repairing and cleansing all the streets, roads, lanes and alleys contained in said plan or draft as recorded in the recorder's office of the said county, agreeably to the third section of this act, and also for removing nuisances therein, and the same to put in force and execute by the proper officers, under such penalties as they may prescribe. SECTION 6. That the borough and general elections in the borough Borough of of Montrose, Susquehanna county, shall hereafter be held in the court Montrose, Susquehanna co. house in said borough. SECTION 7. That hereafter the qualified voters of Huston township, Huston tp., Centre county, shall hold their spring and general elections at the Centre co. carpenter shop of James McFadden, in said township. SECTION 8. That hereafter the qualified voters of the borough of Birmingham, Birmingham, in the county of Allegheny, shall hold their borough Allegheny co. and general elections at the town hall, on Wilkins street in said bo rough. SECTION 9. That the fifth section of the act entitled "An Act rela- Repeal. tive to supervisors in Franklin county, and for other purposes, approved the ninth day of April, one thousand eight hundred and fortynine, in relation to voting the slip ticket at the general elections in Mifflin and other counties, be, and the same is hereby repealed so far as relates to Dauphin county. SECTION 10. That from and after the passage of this act, the town Borough of council of the borough of Frankford shall be authorized to elect one Frankford, Philor more police officers for said borough, and define the duties and fix adelphia co. the compensation of the same, and that so much of the act of the tenth day of March, Anno Domini, one thousand eight hundred and forty-eight, as relates to the election of high constable by the inhabitants of the borough of Frankford, be, and the same is hereby repealed. W. P. SCHELL, Speaker of the House of Representatives. ̧ THO. CARSON, APPROVED-The twenty-sixth day of March, one thousand eight hundred and fifty-three. WM. BIGLER. |