No. 170. AN ACT To incorporate the village of Gratz, in the county of Bauphin into a borough, and erecting it into a separate school district. 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 village of Gratz, in the county of Dauphin, shall be, and is hereby Borough of erected into a borough to be called the "The borough of Gratz," to be Gratz, Dauphin bounded and limited as per plot of said village. co., erected. SECTION 2. That the general act relative to boroughs shall be appli- General act cable to the borough of Gratz. applicable. SECTION 3. That the high constable to be elected shall have the Power of high power and authority necessary to make an effective police, and he shall constable. give bond for the faithful discharge of the duties of his office. SECTION 4. That at the first election held in said borough for borough Elections. officers, and thereafter annually, there shall be elected an assessor, a judge, and two inspectors, to conduct the general and borough elections, and at such times as are directed by the existing laws of this Commonwealth, an assistant assessor. SECTION 5. That the qualifications of voters in the election of bur- Qualification of gess and town council shall be the same as are required for general elec- voters. tions in this Commonwealth. SECTION 6. That the said borough shall form a separate election dis- Separate electrict, but the elections shall be held at the place now designated by tion district. law. SECTION 7. That all the powers and privileges in regard to by-laws Powers and necessary for the collection of taxes for borough purposes, and to main- privileges. tain a police, are hereby conferred upon the burgess and town council of the borough of Gratz. Separate school SECTION 8. That the said borough of Gratz be a separate and independent school district, to enjoy all the rights and franchises of any district. school district in the county of Dauphin. SECTION 9. That the first borough election shall be held the first Borough elecMonday of April next, and Henry Imshoffstal is hereby appointed the tion, when held. judge, and Thomas Beardel and Jacob Buffington are appointed the in spectors of said election. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The third day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. Additional powers to the burgess and No. 171. AN ACT For the recovery of municipal charges in the borough of Germantown, and relative to the payment of awards by the commissioners of the borough of West Philadelphia. 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 burgess and town council of the borough of Germantown, in the county of Philadelphia, shall have power to direct and require the gradtown council of ing, curbing, and paving of the side or foot walks, and of the gutters borough of Ger- of all streets, lanes, alleys and courts (now opened, or which hereafter may be opened, within said borough), to be done by the owner or owners of the lots of ground respectively fronting thereon, within thirty days thereafter, which notice shall be given to said owners, if they reside in said county, but if they do not reside, or cannot be found therein, then said notice shall be left on the premises, and also published once a week for four consecutive weeks, in any daily or weekly newspaper published in said county. mantown. Lien. Issue of scire the lien. SECTION 2. That upon said notice, and failure by the owner to do the same within said thirty days thereafter, the said burgess and town council may cause the same to be done, and the cost thereof and of giv ing the said notice, together with six per cent. advance, shall thenceforth be a lien on said premises, for which a claim therefor shall be filed by them within six months thereafter. SECTION 3. That for the recovery of said lien, a writ of scire facias, facias to recover shall be issued thereon, and the sheriff shall serve the same on the owner, if residing on the premises, in like manner as in the case of a summons, otherwise by leaving a true and attested copy of said writ, on a conspicuous part of the premises therein described, and by publishing a brief notice thereof in a daily or weekly newspaper in said county, twice a week for two weeks, before the return day, on which service being made, the plaintiffs in said suit may proceed to recover judgment, as in suits on mechanics' liens. Claim, prima facia evidence of the facts. to contain. SECTION 4. That such claim may in a suit thereon be read as prima facia evidence of the facts therein set forth, and no plea alleging nonjoinder, or mis-joinder of parties, or touching the question of ownership, or touching the rates or proportions of contribution among parties jointly interested, shall be allowed in any such action. What sheriff's SECTION 5. That in all writs of levari facias on such claims, the sheradvertisements iff's handbills and advertisements shall contain, at the foot thereof, a memorandum, setting forth the name of the plaintiff, and the nature of the claim, in default whereof the sale thereunder may, before the acknowledgment of the deed therefor, be set aside. Lien not divest SECTION 6. That the lien of such claims shall not be divested by any ed by any sale. sale, as respects so much thereof, as the proceeds of such sale shall be insufficient to discharge and pay. Commissioners SECTION 7. That the commissioners, or a majority of them, appointunder 2d section ed pursuant to the provision of the second section of an act to incorpo of act of 17th rate the borough of West Philadelphia, approved February seventeenth, one thousand eight hundred and forty-four, shall distribute and pay Feb'y, 1844, to over the amount awarded by them, to the persons respectively entitled pay certain to receive the same, agreeably to their table of distributions. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The third day of April, A. D., one thousand eight hun moneys. dred and fifty-two. WM. BIGLER. No. 172. AN ACT To view and lay out a State road from the Allegheny and Butler plank road in Allegheny county, to Saxonburg, in Butler county; authorizing the Governor to incorporate the East Liberty and Penn township plank road company; revising an act authorizing the laying out of a State road, and relative to the duties of justices of the peace in Butler county, and confirming the survey of a certain road in Allegheny county. Commissioners. 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 Thomas S. Hart and John McConnell, of Allegheny county, and Emile Maurhoff, of Butler county, be, and the same are hereby appointed commissioners to view, and lay out, and mark a State road of the breadth of forty feet, beginning at and intersecting with the Allegheny and Butler county plank road near Tunnel Ridge on Pine creek, in Location. Allegheny county, and extending by the easiest and most practicable route, having reference to distance, surface of the country, and cost of construction, to the village of Saxonburg, in Butler county. SECTION 2. That it shall be the duty of said commissioners, or a Duties of Com majority of them, after having been duly sworn or affirmed before a missioners. justice of the peace, who shall file and preserve the same in his office, to perform all the duties enjoined by this act with impartiality, carefully to view the ground over which the road to be laid out by them may pass, having due regard to a straight and easy road for the public at an elevation of not more than three degrees from a horizontal line, and that they shall clearly and distinctly mark the road in such a manner as shall render the route agreed upon readily found by the supervisors; and for fulfilling the duties enjoined by this act the commissioners shall be allowed the sum of two dollars per day for every day they shall be necessarily employed in performing the duties assigned by this act, and the said commissioners are hereby authorized to employ one surveyor at three dollars per diem, two chain-bearers and one axe-man at a sum not exceeding for each one dollar per diem. 1 Drafts to be SECTION 3. That the said commissioners shall make out a fair and made and filed. accurate draft of the location of the road, noting therein courses and distances, and the places, waters, county and township lines, with such other matters as may serve for explanation, one copy whereof shall be deposited in the office of the Secretary of the Commonwealth, on or be fore the first day of January next, and one copy in the office of the clerks of Quarter Sessions of the respective counties through which the said road may pass on the time aforesaid, or as much sooner as practicable, and from thenceforth the said road shall be a public highway, and shall be opened and repaired as all other roads laid out by the courts are made and repaired. Accounts of how settled. SECTION 4. That the commissioners shall draw on the commissioners commissioners, of the counties through which the said road shall pass, who shall adjust the account of the commissioners, surveyor, chain-bearers, and axeman, and pay them as other accounts by orders on the treasurer of the county are paid: Provided, That neither of the said counties shall be liable to pay a greater proportion of said expenses than for the work done and services rendered within the said county. Proviso. Meeting of Duty of super- SECTION 5. That said commissioners shall meet on or before the first commissioners. Monday of August next, or as soon thereafter as a majority of them shall agree upon, and complete the location of said road as soon as practicable, and if any vacancy shall occur by resignation or otherwise, it shall be filled by the judges of the Court of Quarter Sessions of the county in which said person or persons so resigning shall have resided. SECTION 6. That it shall be the duty of the supervisors of the several townships through which said road shall pass, upon notice given, to proceed at once to open and make the said road as other roads are made. Contributions SECTION 7. That any contributions which may be made by any perexpended under son or persons living along the line of said road in money, labor, or matedirection of su- rials to aid in the construction thereof, shall be expended, done, and furnished under the direction of the supervisors of the township through which said road may pass, and shall be repaid without interest to such person or persons before possession shall be taken of said road by any company for the purpose of constructing thereon any turnpike or plank road, and the supervisors of the several townships through which said road may pass, are hereby required to keep an accurate account of all such contributions of money, labor, or materials, and the value fixed upon the same by them shall be taken to be the true and just value pervisors. Commissioners. thereof. SECTION 8. That Daniel Negley, Thos. Davison, David Coon, Geo. McCombs, Wm. Larimer, Junior, George C. Negley, Robt. Wilson, Alex. Negley, Isaac Blackadore, L. F. Winbiddle, Thomas Aikin, Joseph Graham, David Aikin, Solomon Berlin, Joseph Stoner, Christian Hershey, Christian Snively, Thomas Park, James Duff, Junior, Francis Wilson, Robt. Donaldson, Henry Morrow, Benjamin Kelley, Henry B. Stotler, John Perchment, George Ferree, and James Kelly, all of Allegheny county, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title of "The East Liberty and Penn township plank road company," with power to construct a plank road, commencing at the junction of the Pittsburg and Greensburg turnpike and Frankstown road, and terminating at a point where the Leechburg and Curwinsville roads intersect on the farm of heirs of James McGregor, in Penn township, with power to extend it further if said company shall deem it expedient so to do, by the nearest and best route, as the stockholSubject to proders may determine upon, and subject to all the provisions and restrictions of an act regulating turnpike or plank road companies, approved Style. Location. visions of certain act. the twenty-sixth day of January, one thousand eight hundred and fortynine, excepting that portion of the thirteenth section of said act, relating to tolls which discriminate in favor of wheels of the width of four inches and upwards, and the company hereby incorporated shall have power to regulate their tolls within the limits prescribed by the said thirteenth section, without reference to the width of wheels in any case. SECTION 9. That the capital stock of said company shall consist of Capital stock. five hundred shares, at twenty-five dollars each: Provided, That said Proviso. company may, from tie 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 and to carry out the true intent and meaning of this act. SECTION 10. That if said company shall not commence the construc- Commencement tion of their road within three years after the passage of this act, and and completion complete the same within ten years thereafter, this act shall be null of said road, and void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company. tion to a State SECTION 11. That the provisions of an act entitled "An Act au- Revival of certhorizing the laying out of a State road from Bakerstown, in Alleghe- tain act in relany county, through Butler county, to the Great Western iron works, in road in AlleArmstrong county," approved the fifteenth day of March, one thous- gheny, Butler, and eight hundred and forty-seven, be, and the same are hereby re- and Armstrong vived, and the said act shall have the same force and virtue as if it counties. had not been repealed. county. SECTION 12. That the provisions of the first section of an act enti- Provisions of tled "An Act relative to the duties of justices of the peace, in the certain act excounties of Beaver, Somerset, and Franklin, and to authorize the Coal tended to Butler Hill and Upper Saint Clair turnpike road company to extend their road," approved the ninth day of May, one thousand eight hundred and fifty, be, and the same are hereby extended to the county of Butler. SECTION 13. That so much of the survey of a State road leading Survey of cerfrom Allegheny city, in Allegheny county, to New Brighton, in Bea- tain State road ver county, as authorized by act of third of April, one thousand eight in Allegheny hundred and fifty-one, as located from the farm of William Morrison to and Beaver Coopersville, in Allegheny county, shall be as valid and legal as if the counties made same had been expressly authorized by the said last mentioned act. APPROVED-The fifth day of April, A. D., one thousand eight valid. hundred and fifty-two. WM. BIGLER. |