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No. 36.

AN ACT

Regulating railroad ganges, and supplementary to the act incorporating the
Catawissa and Towanda Railroad Company with an extension to the New
York and Erie railroad, at some convenient point on the State line.

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 Thos. S. Fernon, William Colly, George Sanderson, Henry A Muhlenberg, John O. James, Nelson H. Burrows, Samuel H. Gillingham, Samuel Megarge, Mark S. Mange, Wm. B. Clymer, G. A. Nicols, John Tucker, M. S. Richards, Charles R. Paxton, Chas. R. Buckalew, M. E. Jackson, Emanuel Lazarus, James Masters, Leonard B. Rupert, John F. Cowan, C. D. Eldred, Oliver Watson, Michael Mylert, James Taylor, Wm. A. Mason, Lewis Zaner, A. J. Dietrick, Josiah Jackson, Rollin Wilcox, Gordon F. Mason, C. L. Ward, Edwd. Overton, John Laporte, Wm. Ellwell, B. S. Russell, David Wilmot, A. McKean, Henry Gibbs, Charles F. Wells, Jr., David Landis, John Heller, Daniel Herr (Pequa), in addition to those named in the original act, or any five of them, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title of "the Catawissa and Towanda Railroad Com-Style. pany," with all of the powers and subject to all of the provisions and Subject to prorestrictions of an act, entitled "An Act regulating railroad companies," visions of cerapproved on the nineteenth day of February, Anno Domini, one thou-tain act. sand eight hundred and forty-nine.

SECTION 2. The capital stock of said company shall consist of forty Capital stock. thousand shares, of fifty dollars each: Provided, That the capital stock of said company may be increased by the stockholders to a sum suffi- Proviso. cient to enable them to carry out the provisions of this act according to its true intent and meaning.

SECTION 3. That said company shall have the right to locate, build, or construct a railroad of one or more tracks, beginning at some convenient point in the village of Catawissa, in the county of Columbia, Location. thence up Fishing creek, or some of its branches, and through the counties of Sullivan and Bradford to a point at the State line which may give a proper and convenient connection with the New York and Erie railroad: Provided, That the time of commencing the said road be extended to five Proviso. years from the passing of this act, and the time for completing to ten

years from the same time: And provided further, That the gauge of Guage of track. the track of said railroad shall be the same as the gauge of the track

of the railroads built and owned by the State; and any and every rail

road hereafter constructed through any portion of Pennsylvania, from

any point eastward of a line running due south across the State from General guage the State line, beginning at the east line of Erie county, shall be of law. the same gauge as the railroads built and owned by the State, and no other; and if any company shall hereafter build or construct a railroad, having a southern or eastern connection with any railroad leading to or towards Philadelphia or Harrisburg, of a different gauge from the gauge of the railroads built and owned by the State, then, and in

Not applicable to certain rail

roads.

Second section

such case, all and singular the rights, powers, and privileges conferred on such company by its charter, or by any supplement thereto, shall be adjudged null and void: Provided, That nothing contained herein shall be construed to apply to the New York and Erie railroad, to the Tioga railroad, to the Lackawanna and Western railroad, already constructed and in operation, nor to the act fixing the gauges of railroads in the county of Erie, passed the eleventh day of March, one thousand eight hundred and fifty-one.

SECTION 4. That the provisions contained in the second section of of act incorpo- an act entitled "A supplement to the act incorporating the Pennsylrating Pennsylvania coal company,' passed March seventh, one thousand eight hundred and forty-nine, be, and they are hereby made a part of this act.

vania coal com

pany made part of this act.

SECTION 5. That the width of the road shall not exceed one hundred Width of road. feet through forests, nor eighty feet through cleared land, except for the exceptions made in section tenth of the general act; and that at the end of section twelfth of said act the following proviso shall be added: That whenever a public road is laid, and makes use of any such added to section bridge or causeway built, as aforesaid, for private purposes, the comtwelve of gene- pany or township building such road shall be required to keep up said bridge, and the railroad company shall be released from keeping up the same.

Proviso to be

ral act.

Company au

SECTION 6. That if connections can be made with other railroad or thorized to exer- railroads using part of said route, and it shall not be found necessary cise authority to build the whole road authorized by this act, then the company shall have as full authority over the part built by them, in every respect, as though they had completed the whole road named in the foregoing

over the part built.

stalments.

bill.

SECTION 7. That the president and managers of the Catawissa and Towanda railroad company be, and they are hereby authorized to pay to the shareholders entitled to receive the same, in the months of Interest on in- January and July in each year, interest at the rate of six per centum per annum on all instalments paid by them, and continue to pay the same till the road shall be completed; all the profits or earnings of the said railroad, within the same time, shall be credited to the cost of construction, and all interest paid shall be charged to the cost of construction: Provided, That interest shall not be paid upon any share of stock upon which any instalment, which has been called for, remains unpaid: Provided further, That the stock of said company shall not be subject to any tax in consequence of the payment of the interest hereby authorized, until said road shall be completed and in operation. SECTION 8. That the provisions of the third section of the act of twenty-seventh March, A. D., one thousand eight hundred and fortyeight, entitled "A further supplement to the Pennsylvania railroad company," be, and the same are hereby incorporated as part of this act; and so much of the original act, to which this is a supplement, as is altered or supplied, is hereby repealed.

Proviso.

Repeal.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The sixth day of February, one thousand eight hun

dred and fifty-two.

WM. BIGLER.

No. 37.

AN ACT

Regulating certain election and school districts.

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 East Huntinghereafter the general and township elections of East Huntingdon town- westmoreland don township, ship, Westmoreland county, shall be held at the house of Daniel Fretz, county. in said township.

county, erected

SECTION 2. That the new township of Mill Creek, in the county of Millcreek townClarion, be and the same is hereby erected into a separate election and ship, Clarion school district, and the qualified electors thereof, shall hereafter hold into a separate their general and township elections at the public school house near election and Joseph Pierce's, in said township; and that Joseph Pierce is hereby school district. appointed judge, and Samuel Thompson and John P. Cookson, inspectors, to hold the spring election next; and in conducting said election, they shall be governed by the election laws of this Commonwealth.

SECTION 3. That the qualified electors of the township of Manches- Manchester ter, in the county of Wayne, shall hereafter hold their township and township, Wayne county. general elections at the school house near their former election house, at George Kellams, in said township.

SECTION 4. That the qualified electors of West Lachawannock town- Lackawannock ship, in the county of Mercer, shall hereafter hold their township and township, Mergeneral elections at the school house in the village of Springfield, in cer county. said county.

umbia county. Beaver town

SECTION 5. That the general elections for the township of Roaring Roaring creek Creek, in the county of Columbia, shall hereafter be held at the public township, Colhouse now occupied by Benjamin Snyder, in said township. SECTION 6. That the general and township elections for the township of Beaver, in the county of Columbia, shall hereafter be held at the ship, Columbia public house now occupied by Christian Shuman.

county.

SECTION 7. That the qualified voters of Rome township, in the Rome township, county of Bradford, shall hereafter hold their general and township Bradford co. elections at the academy, in said township.

SECTION 8. That the qualified voters of the township of Woodberry, Woodberry Blair county, shall hereafter hold their general and township elections township, Blait at the house of Robert W. Martin, in Williamsburg, in said county. county.

SECTION 9. That the general elections in the township of Blythe, in Blythe townSchuylkill county, shall hereafter be held at the public house now oc- ship Schuylkill cupied by Rudolph Breish, in Middleport.

county.

SECTION 10. That hereafter the general and township elections of Licking townLicking township, in the county of Clarion, shall be held at the Easton ship, Clarion school house, in said township.

county.

into a separate

SECTION 11. That the borough of Shelocta, Indiana county, shall Borough of Shehereafter be a separate election district, and separate school district, and locta, Indiana the qualified electors of said borough shall, on the third Friday in county, erected March next, and annually thereafter, elect one person for burgess, and election and four persons for town council for said borough, and three persons for school district. school directors for said school district; the said election shall be held at the house of William Loury, in said borough; and Joseph Henderson

Repeal.

Albany town

ship, Bradford county.

in the borough of Pottsville erected.

is hereby appointed judge, and Alexander Walker and J. G. Anthony, inspectors of said election; and the persons so elected, shall hold their respective offices for one year from the time of the election.

SECTION 12. That the fourth section of the act erecting part of West Brunswig township, Schuylkill county, into a separate school district, to be called North School district; relative to a school district in Indiana county, and to the spring elections in the borough of Harrisburg, and relative to Beaver township, Jefferson county, approved the fourteenth day of March, eighteen hundred and fifty, be and the same is hereby repealed.

SECTION 13. That the qualified electors of the township of Albany, in the county of Bradford, shall hereafter hold their general and township elections at the sub-district school house, number one, near Campbell's mill, in said township.

SECTION 14. That from and after the passage of this act, so much of Middle ward, the north ward of the borough of Pottsville, in the county of Schuyl kill, described and bounded as follows: Northwardly by High street, eastwardly by Second street, southwardly by Norwegian street, and westwardly by the borough line, shall form a new ward to be called Middle ward, and all elections shall hereafter be held at the public house now owned by John M'Barron, and known as the Red Lion hotel, in said ward.

wards.

SECTION 15. That for all election purposes hereafter, the city of LanLancaster city, caster shall be divided into four wards, constituted and denominated in divided into four the same manner as is provided for in the election of alderman for said city; and at all elections in said city hereafter, the polls shall open at or before eight o'clock in the morning, and close at seven o'clock in the evening.

Officers of elec

tions in ad

SECTION 16. That the officers elected in said city, at the election held on the first Tuesday in February, eighteen hundred and fifty-two, shall ditional wards appoint officers to conduct the next general and city elections in the bow appointed. additional wards hereby created, in the following manner, viz.: Each judge shall appoint an additional judge, and each inspector an additional inspector, who shall be voters of the wards for which they are appointed; and the said four wards shall constitute the first election district of the county of Lancaster, and shall hold their elections at separate windows of the court house, in Lancaster city.

Duties of assessors.

Upper Mount

Bethel town

SECTION 17. That the assessors of the city of Lancaster in making out the list of taxable inhabitants as now provided by law, shall hereafter make out, and post up, separate lists of the inhabitants of each ward, and shall keep a copy of such lists in his office, open to public inspection.

SECTION 18. That hereafter the qualified voters of Upper Mount Bethel township, Northampton county, shall hold their general and ship, Northamp- township elections at the public house now occupied by John Johnson, in the village of Roxburg.

ton county.

School directors

SECTION 19. That the school directors of Muhlenberg township, in of Muhlenberg the county of Berks, be and they hereby are authorized to borrow any ownship, Berks sum or sums of money, not exceeding in the aggregate six hundred dolco. authorized lars, on the credit of said school district, to be applied to the payment of the debt contracted for the erection of school houses in said district, and to be re-paid out of the school tax hereafter collected therein.

to borrow mon

ey.

Pollock town

SECTION 20. That the township of Pollock, in the county of Lyship, Lycoming coming, shall hereafter be a separate election district, and the qualified voters thereof shall hold their general and township elections at the house now in the occupancy of Richard C. Hall, on Mill creek.

county.

SECTION 21. That the qualified voters of, Fairfield township, in the Fairfield towncounty of Lycoming, shall hereafter hold their general and township ship, Lycoming elections at the house of Frederick Shale, in the borough of Montours

ville, in said county.

county.

SECTION 22. That from and after the passage of this act, the quali- Borough of fied electors of the borough of Bethany, and also of Dyburg township, Bethany and Dyburg townin the county of Wayne, shall hold their general and township elections ship, Wayne co. at the district school house, in the borough of Bethany.

SECTION 23. That from and after the passage of this act, the town- Newton township and general elections in Newton township, Luzerne county, shall ship, Luzerne be held at the house of Chauncy Sherwood, in said township.

county.

SECTION 24. That from and after the passage of this act, the town- Plains township ship of Plains, in the county of Luzerne, shall be a separate election Luzerne county. district, and the general and township elections shall be held at the Plains school house in said township; and at the ensuing township elections, Stephen F. Abbot shall be judge of elections, and Jeremiah Shaffer and James L. Searle, inspectors of elections in said township. SECTION 25. That the provisions of an act, entitled "An Act rela- Provisions of act tive to voting at elections in the counties of Adams, Dauphin, York, of 27th Feb'y. 1849, extended Lancaster, Franklin, Cumberland, Bradford, Centre, Greene, and Erie, to the counties approved February twenty-seventh, eighteen hundred and forty-nine," of Delaware, be and the same are hereby extended to the counties of Delaware, Car- Carbon and Lebon and Lehigh: Provided, That the same shall not be construed to high. affect the validity of the provision to the fourth section of the act of April fifteenth, eighteen hundred and fifty-one, entitled "An Act to provide for the election of judges, and to regulate certain judicial dis

tricts.

Proviso.

Election district

composed of parts of Skippack and Perki

SECTION 26. That the qualified voters of the election district, composed of that part of Skippack and Perkiomen townships east of the Perkiomen creek, in the county of Montgomery, shall hereafter hold their general and township elections at the public house now occupied omen townships by Abraham G. Burger, in said township. SECTION 27. That the qualified voters of the borough of Callensburg, in the county of Clarion, shall hold their borough elections on the same day appointed by law for the holding of township elections in the county of Clarion.

Montgomery co. Borough of Callensburg, Clarion county.

visions of act of

SECTION 28. That said borough of Callensburg shall, hereafter, be Subject to prosubject to all the provisions of an act to regulate boroughs, approved 3d April A. D. the third day of April, Anno Domini, one thousand eight hundred and 1851. ifty-one.

SECTION 29. That the qualified electors of Milesburg borough, in Electors of the the county of Centre, may, at their next borough election, elect three borough of Milesburg Cenadditional school directors for said borough; and annually thereafter tre co. authorthe voters of said borough shall elect, in the usual manner, the same ized to elect number of school directors as other school districts are entitled to by three additional the general school laws of this Commonwealth.

school directors.

1849, so far as

co., repealed.

SECTION 30. That the first section of an act, entitled "An Act rela- Act of 27th Feb. tive to voting at elections in the counties of Adams, Dauphin, York, relates to Erie Lancaster, Franklin, Cumberland, Bradford, Centre, Greene, and Erie, passed twenty-seventh February, eighteen hundred and forty-nine," as far as the same relates to the county of Erie, be and the same is hereby repealed. Act of 9th April SECTION 31. That the act passed ninth of April, eighteen hundred 1849, so far as and forty-nine, extending the provisions of the foregoing act to the relates to Crawcounties of Mifflin, Union, Crawford, Bedford, Monroe, Warren, and ford and WarNorthumberland, be and the same is hereby repealed, so far as the ren counties rerelates to the counties of Crawford and Warren.

same

pealed.

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