Penalty for re

Oxford turnpike road company, which now exist or which shall at any

time hereafter exist.

SECTION 8. That if any person or persons, whosoever, owning, riding fusal to pay toll. in, or driving any sulkey, chair, chaise, phaeton, cart, wagon, wain, sleigh, sled, or other carriage of burden or pleasure, riding or leading any horse, mule, mare, or gelding, or driving any hogs, sheep or other cattle, shall therewith, by force or by the intimidation or threatening of any gate-keeper or gate-keepers, or other person or persons, appointed by the said the president and managers of the Kensington and Oxford turnpike road company to collect toll, pass through or over any gate. bar, or bars erected, or which shall be hereafter erected, in pursuance of an act passed the seventeenth day of March, one thousand eight hundred and forty-two, entitled "An Act to incorporate the president and managers of the Kensington and Oxford turnpike road company,' such passing through or over any such gate, bar, or bars, by force intimidation, or threatening, shall be adjudged a misdemeanor, and the said offenders, upon conviction thereof, shall for every such offence, pay a fine of ten dollars, to be collected by suit in the name and for the use of the said the president and managers of the Kensington and Oxford turnpike road company, before any alderman in and for the county of Philadelphia.

Rights, privileges and franchises contin

ued.

Election of

of side-walks in

certain part

of

SECTION 9. That all the rights, privileges and franchises of the said the president and managers of the Kensington and Oxford turnpike road company, not hereby expressly limited or altered, shall be deemed to be, and remain in full force and effect, and especially that the said the president and managers of the Kensington and Oxford turnpike road company shall have the same right to charge and collect toll for passing over the whole of the part of the said Kensington and Oxford turnpike road within the said district of Kensington, as they had before the passage of this act, but without being liable or responsible for any want of repair or good order of the same.

SECTION 10. That the qualified voters of that part of the townships commissioners of North Penn and unincorporated Northern Liberties, residing on the to take charge Germantown and Perkiomen turnpike road, lying and being between the borough of Germantown and the districts of Kensington and Penn townships of in the county of Philadelphia, shall on the first Monday of May next. North Penn and between the hours of two and nine o'clock in the afternoon of that day, Unincorporated in the stone school house at the Rising Sun village, elect from among Northern Liber- the citizens residing within the bounds aforesaid, seven suitable persons

ties.

Levy a tax.

as commissioners, whose duty it shall be to take charge of and regu late the side-walks within the bounds aforesaid; to remove all obstruc tions, and where necessary to regulate the ascent and descent as far as practicable, without injury to private property; and the said commis sioners aforesaid, shall meet within one week after their election, and organize by appointing one of their number president, one secretary and one other of their body treasurer, who shall receive all moneys collected and pay the same on orders signed by the president and secretary of the board; and the commissioners aforesaid shall serve without compensation, and in ease of refusal, resignation or neglect, to serve, by any of the commissioners so elected, the board shall have power to fill any such vacancy or vacancies, and shall make such rules and regulations as may be necessary for their government and the completion of the side-walks aforesaid.

SECTION 11. That the commissioners aforesaid shall proceed imme'diately to levy a tax on the taxable inhabitants residing on, and the property fronting on, the said Germantown and Perkiomen turnpike road within the bounds aforesaid, in the same ratio as the county tax

moval of obstructions by

of the year one thousand eight hundred and fifty-one, to be collected by the commissioners aforesaid or their authorized agent in the same manner as the said road tax: Provided, That nothing herein contained Proviso as to reshall be so construed as to prevent those owners of land who are desirous of removing obstructions, and regulating the ascent property ownand descent before their own property, of so doing, at their own ex- ers. pense, under the direction of the commissioners aforesaid, and all persons so complying shall be exempt from the re-assessment of road tax under the provisions of this act.

county to fur

ments.

pavements.

SECTION 12. That it shall be the duty of the commissioners of the Commissioners county of Philadelphia to furnish the board of commissioners created of Philadelphia by this act with the necessary assessment of persons and property nish assesswithin the bounds aforesaid. SECTION 13. That when the side-walks are regulated in the manner Property ownprescribed by the first section of this act it shall be the duty of the ers to construct owner or owners of property aforesaid, within two months thereafter, to lay, or cause to be laid, good and sufficient pavements of brick, flat stone, or other hard material, at least five feet wide from the wall, or carb of said turnpike road, and in case of neglect or failure so to do, the said commissioners empowered by this act, shall, after twenty days' notice, in writing, to the owner or owners thereof, out of the funds authorized to be raised by this act, lay, or cause to be laid, said pavement, and the cost and expenses thereof, with interest from the time the same is laid, shall be a lien on the real estate of the owner or owners of the property before whose front the same is laid, and the commissioners may also enter suit and proceed to recover the same as debts of like nature are by law recoverable in any of the incorporated districts in said county.

SECTION 14. That when the aforesaid commissioners shall have Accounts to be completed the side-walks aforesaid, they shall settle their accounts with settled by towathe auditors of the townships of North Penn and unincorporated North-ship auditors. ern Liberties, and place into the hands of the supervisors of the townships aforesaid whatever balance may remain in their hands, the same to be appropriated by said supervisors, or their successors in office, to the repairs of the side-walks aforesaid, and shall hereafter be kept in repair by said supervisors out of the road tax: Provided, That in case Proviso as to the above named townships, or any portion of them, or either of them, accounts. shall become incorporated, then the commissioners aforesaid shall settle their accounts with the said corporation.

SECTION 15. That at the election for commissioners, authorized by Officers of elec the tenth section of this act to be held on the first Monday in May tion. next, John Snyder shall serve as judge, and John V. Kellenger and William Keyser shall serve as inspectors of said election, and each inspector shall appoint one clerk.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The twenty-seventh day of February, A. D., one thou

sand eight hundred and fifty-two.

WM. BIGLER.

No. 83.

AN ACT

Authorizing the laying out of a State road from, at, or near Deardorff's mill, in Adams county, to a point on the York and Conewago canal turnpike, at or near Owen's lime-kiln, in York 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 John Roth, of Paradise township, and Samuel N. Bailey, of the borough of Dillsburg, York county, and Geore King, of East Berlin, Adams Commissioners. county, be, and they are hereby appointed commissioners to view and lay out a State road, from a point in the State road between Dillsburg, in York county, and Petersburg, in Adams county, at or near Deardorff's mill, in Adams county, thence by way of Christian Raffensperger's tavern and Davidsburg, to the intersection of the State road leading from near Griffith's mill, in Cumberland county, to the York and Get tysburg turnpike west of the borough of York, at or near Weigelstown, in York county; being the route of what was heretofore called the old Shippensburg road, thence by the shortest and best route to a point on the York and Conewago canal turnpike, at or near Owen's lime-kiln, in York county.

Location.

Duties of commissioners.

SECTION 2. That it shall be the duty of said commissioners, or a majority of them, after having been duly sworn or affirmed before a justice of the peace, to perform the duties enjoined upon them by this act with impartiality and fidelity, to carefully view the present road and parts adjacent between the aforesaid points, and lay out the same as nearly along the route of the existing road as the requisite improvement of the said road will admit, and that the vertical departure from a horizontal line shall at no place exceed four degrees, excepting only at the crossing of ravines and streams, where by moderate excavations, filling, or bridging, the declination of the said road may be preserved within that limit.

SECTION 3. That the commissioners herein named shall receive a per Compensation. diem allowance of one dollar and fifty cents for each day they, and

each of them, shall be necessarily employed in performing the duties under this act, and the said commissioners are hereby authorized to employ a surveyor, and who, for his services as such, shall receive a per diem allowance not exceeding two dollars, and two chain carriers and one axe-man at one dollar and fifty cents each for every day necessarily employed.

SECTION 4. That the said commissioners shall, with as little delay as possible after said survey, make out their drafts of said road as located, whereon shall be noted the courses and distances, the crossing of streams, of county and township lines, one of which shall be forwarded by mail to the Secretary of the Commonwealth, to be filed in his office as a matter of record, and one to be filed in the office of the clerk of the Court of Quarter Sessions in the respective counties through which the roads may pass, which clerks are hereby authorized, on the filing of said drafts, to issue an order on the supervisors of each township in their respective counties, for the immediate opening of said road, the

expense of which orders are to be borne by the respective counties, and from the time of such filing as last stated the said road shall be, to all intents and purposes, a public highway, and shall be opened as heretofore provided to the width of thirty-six feet.

said road.

SECTION 5. That it shall be the duty of the supervisors of the Supervisors to several townships, in the counties through which the said road autho- open and make rized to be laid out, by the foregoing sections of the act aforesaid, shall pass, upon twenty days' previous notice being given, to proceed to open and make said road as other roads are opened and made.

SECTION 6. That the commissioners oppointed by or in pursuance of this act shall have power to vacate any road or part of roads which may be rendered useless by the location of the road hereby authorized, and shall have power to change the location of any part of the road now in use between the points mentioned in this act.

Power to va.

cate.

SECTION 7. That the accounts of the said road commissioners for Accounts to be their own pay, and that of the surveyor, chain carriers, and axe-man, settled by counshall be adjusted by the county commissioners of the counties through ty commiswhich the said road may pass and paid out of the treasuries of the same according to the time actually required to locate the road within the respective counties.

sioners.

commissioners.

SECTION 8. That the said commissioners shall meet at the village of Time and place Weiglestown, in the county of York, on the twentieth day of May, of meeting of one thousand eight hundred and fifty-two, or as soon thereafter as practicable, and proceed to perform the duties aforesaid, and if any vacancy or vacancies occur by resignation or otherwise, the remaining commissioners shall supply the same by the appointment of a suitable person who shall perform the duties aforesaid.

JOHN S. RHEY,
Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The first day of March, A. D., one thousand eight

hundred and fifty-two.

WM. BIGLER.

No. 84.

AN ACT

Authorizing the Pennsylvania Railroad Company to construct a lateral railroad, from their main road in Westmoreland county, to Uniontown, in Fayette county, with power to extend the same to Geneva, in said 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 Pennsylvania the Pennsylvania railroad company be, and is hereby authorized, if railroad oomthey deem it expedient, to construct a lateral railroad from some point pany authorized

to construct

10 Uniontown.

on the Pennsylvania railroad, between the borough of Greensburg and the lateral railroad town of Latrobe, in Westmoreland county, in a southern direction, by way of or near Mount Pleasant, in Westmoreland county, and Connellsville, in Fayette county, to the borough of Uniontown, in Fayette county, and that hereafter the said lateral road shall be subject to all the provisions of the several acts of Assembly relating to the said Pennsylvania railroad company, excepting the toll on tonnage, provided for in the twenty-second section of the act of the thirteenth of April, one thousand eight hundred and forty-six, entitled "An Act to incorporate the Pennsylvania railroad company.'

Extension of

lateral road to

Genova.

SECTION 2. That the said Pennsylvania railroad company shall also have the privilege, and they are hereby authorized, after the said lateral road shall have been completed and in operation, to extend the said lateral road from Uniontown to or near the town of Geneva, or some other point on or near the waters of the Monongahela, in said county of Fayette, or to the borough of Waynesburg, in Greene county, as may be deemed most expedient and advantageous by said company, subject to the like provisions and restrictions as are imposed in the preceding section of this act, on the proposed lateral road from the main stem of the Pennsylvania railroad to Uniontown.

APPROVED The twenty-eighth day of February, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER

No. 85.

AN ACT

Authorizing the several recorders of deeds to appoint deputies.

SECTION 1. Be it enacted by the Senate and House of RepreseRtatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That every recorder of deeds may appoint and keep a deputy, for whose conduct he and his sureties shall be accountable, and such deputy shall be capable in law to do whatever by law appertains to the office of recorder of deeds.

APPROVED—The first day of March, A. D., one thousand eight hun

dred and fifty-two.

WM. BIGLER.