Cause of nai SECTION 12. That the said board of health shall have full power and sances to be re-authority to remove the cause of all nuisances that exist now or may hereafter be created, in the same manner and by the same authority as they remove all naisances. moved. Fines, to be sued health. SECTION 13. That the fines of five hundred dollars mentioned in the for in the name sixth and seventh sections of the act to which this is a supplement, of the board of shall be sued for in the name of the said board of health in an action of debt in any court having jurisdiction, and the fine mentioned in the ninth section of the said act shall be twenty dollars, to be sued for in the name of the said board, before any alderman or justice of the peace or court having jurisdiction thereof, and all fines, penalties, and forfeitures under this act, or the act to which it is a supplement, shall be brought in the name of the said board of health, and shall be for and enure to the use of the said board. Suits for fines. Proviso. SECTION 14. That in all cases of the breach of any of the provisions of this act, or the act to which this is a supplement, or of the by-laws and regulations made under them, subjecting the offender to a penalty or fine therefor, the suits for the recovery thereof (where the same do not exceed the sum of one hundred dollars) may be maintained before any justice of the peace or alderman in like manner as suits for the recovery of debts under one hundred dollars may now be maintained be fore them: Provided, That the parties shall have the right to appeal as in other cases. Secretary and SECTION 15. That the secretary and clerk of the said board may be clerk may be the same person if deemed advisable by said board of health, with such the same person. salary as may be agreed upon, and the said board may appoint if in their opinion necessary a health officer, who shall be the executive officer of the board, and the said board shall not be obliged to meet at least three times a week, between the first day of June and the first day of October, unless they may deem it necessary for the health of the citizens or the well ordering of the health establishment. Repeal. Board of health into three classes. SECTION 16. That so much of any act of Assembly as is hereby altered or supplied is hereby repealed. SECTION 17. That it shall be the duty of the present board of health may be divided at their first meeting after the receipt of this act, to divide themselves by lot or otherwise, into three classes with three in each class; the first class shall serve one year, the second two years, and the third three years from the time of their election, and it shall be the duty of the select and common councils of the city of Pittsburg on the last Monday in January next, and annually thereafter, to eleet on joint ballot three persons to serve for three years, and if any vacancies shall happen in said board by death, resignation, or otherwise, it shall be the duty of said councils at their first meeting after such vacancy shall be made known to them, to fill such vacancy for the unexpired time of the person or persons causing said vacancy. Repeal. SECTION 18. That all acts inconsistent with this act are hereby repealed. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED The eighth day of April, A. D., one thousand eight bundred and fifty-two. WM. BIGLER. No. 194. A SUPPLEMENT To an act entitled "An Act relative to the jurisdiction and powers of the Courts," passed the sixteenth June, one thousand eight hundred and thirty six. 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 nothing contained in the thirteenth section of the act of the sixteenth of June, one thousand eight hundred and thirty-six, relative to the jurisdiction and powers of the courts, shall be construed to prevent the Supreme Court from exercising original jurisdiction in equity, in any of the cases enumerated in the said section, within any of the counties of this Commonwealth, or to prohibit the process of the said court from running into any other county of this Commonwealth, but the said court, when in session in any district, shall exercise original jurisdiction in the cases enumerated in said section, throughout the State, and if not decided before the close of its session in said district, shall cause the same, with all proceedings thereon, to be certified to, and filed for action, with the prothonatary of the Supreme Court, in the district within which said court shall be next in session, and so to be certified from district to district until finally decided upon, and so much of said section as limits the chancery powers and jurisdiction to the Supreme Court, when sitting in banc in the city of Philadelphia, and to the Court of Common Pleas of said city and county, be, and the same is hereby repealed: Provided, That the said court shall not have original jurisdiction, by virtue of this act, to supervise any partnerships or unincorporated associations or societies: Provided also, That this enactment shall not be construed to repeal the first section of the act of General Assembly, passed May sixth, eighteen hundred and forty-four, entitled "An Act further to regulate proceedings in courts of justice, and for other purposes." JOHN S. RHEY, JOHN H. WALKER, Speaker of the Senate. APPROVED-The eighth day of April, A. D., one thousand eight hun dred and fifty-two. WM. BIGLER. No. 195. AN ACT To incorporate the Pennsylvania Military Institute, at Reading, Pennsylvania. 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 Institute in the there be, and hereby is erected and established, at or near the city of city of Reading, Reading, in the county of Berks, an institute to consist of a primary established. Style. Privileges. Trustees. Seal. Annual meeting duties. school and academy, a college, and such other appropriate departments as the patrons and managers of said institution shall find themselves able to maintain, by the name, style and title of "The Pennsylvania Military Institute," under the care and direction of a number of trustees, not exceeding fifteen, five or more of whom shall constitute a quorum, who, and their successors in office, shall be, and are hereby declared to be one body politic and corporate, in deed and in law, by the name, style and title of "The Pennsylvania Military Institute," at Reading, and by the same name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded in all courts of law and equity, and shall be capable in law and equity to take, hold, and purchase, for the use of said institute, lands, goods, chattles, moneys of any kind, whatsoever, by gift, grant, conveyance, devise, or bequest, from any person or persons whomsoever capable of making the same, and the same from time to time, sell, convey, mortgage, or dispose of, for the use of said institute, and to erect such buildings as may be necessary, providing the amount does not exceed fifty thousand dollars, and generally to do all, and singular the matters and things which may be lawful for them to do, for the well being of the institute, and the due management and ordering of the affairs thereof. SECTION 2. That the trustees of said institute shall consist of the following persons, to wit: J. Pringle Jones, John Banks, Henry A. Muhlenberg, William H. Keim, J. Glancey Jones, George M. Keim, M. Kieffer, John W. Richards, David McKnight, James Millholland, Daniel H. Boas, Charles H. Hunter, S. E. Ancona, Joseph Hervy, and Isaac Brenholtz, who shall elect a president, secretary and treasurer, of their own body, and may from time to time fill vacancies caused by death, resignation, removal, or otherwise. SECTION 3. That the said trustees, and their successors, shall, and may have a common seal, to serve and use for all causes, matters, and affairs of theirs and their successors, and the same may alter or make anew as they may think fit. SECTION 4 That there shall be a meeting of said trustees, held in of trustees and the city of Reading, annually, and at such other time and place as they shall appoint, to consult, advise, and act on, and about the affairs and business of said institute; the officers of said board may call special meetings thereof, by giving written notice, at least seven days previous to the time of said meeting, and at every meeting of said board they may legally transact any business proper for said board, and if the president shall not attend such meeting, they may appoint a president, pro tempore, and the said trustees shall have power to appoint professors or instructors, and all such other officers and assistants as they shall find necessary to appoint, for the good management and promotion of said institute, and have power to remove them at discretion. tion. SECTION 5. That the trustees aforesaid shall have, and exercise the Trustees to exgovernment of said institution, together with the care and management of ercise governall matters and affairs belonging thereunto, and shall have power to make ment of instituand establish all such reasonable and proper laws, rules and regulations as may be necessary for the government, instruction and education of the students, and the management of such institute, and the same may repeal and alter from time to time as they may see fit: Provided, The Proviso. same be not contrary to the Constitution and laws of this State, or of the United States: And provided.also, That no rules, laws or regulations of a sectarian character, either in religion or politics, shall be adopted or imposed, nor shall any student ever be questioned or controled on account of his religious or political belief, by the said board or the faculty of said institution, or any of them, either directly or indirectly, and said laws, rules and regulations shall be laid before the Legislature of this State, whenever required by that body, and may by them be disallowed, altered or repealed. SECTION 6. That the said board of trustees shall be required to fur- Trustees to furnish at said institute, constantly, a course of military instruction, both nish course of theoretical and practical, and also in civil engineering, and the practical instruction. sciences generally, and the president of said institute, with the consent of the trustees, shall have power to give and confer all such diplomas, degrees, honors or licenses as are usually given or conferred in colleges or universities, at their discretion: Provided, however, That in so doing Provis>. they shall have respect to the morals and merits of the candidate alone. SECTION 7. That the professors, instructors, or assistants, and stu- Exemption from dents, shall be, while connected with the institution, exempted from all military duty military taxes and duties, and the corps of cadets shall have the same and taxes. privileges, perform the same duties, and derive the same emoluments as the volunteer companies of the State. SECTION 8. That the Legislature reserves the right to alter or annul Reservation. this charter, in case of any abuse of the privileges hereby granted. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The eighth day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 196. AN ACT To establish a public ferry in the Susquehanna river at Centreville, in Colum bia 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 Samuel Keller, his heirs and assigns, shall have the right and privilege Rope ferry on bia county. at his and their own proper cost and charges, to establish and use a rope North Branch ferry, and make good and sufficient landings on the North Branch of the river, in Colum- Susquehanna river, in the county of Columbia, about a mile below the village of Mifflinville, where the public road crosses which leads from the Mifflinville and Cattawissa road, at Brown's Mill, on the south side of said river, in Mifflin township, through lands of— Hess, to Centreville, on the north side of said river, and the owner or occupier of said ferry shall keep good boats and flats and careful ferrymen, who shall constantly, as occasion may require, attend for the purpose of transporting travellers and others across said river, and on failure thereof, unless prevented by some unavoidable occurrence, shall be liable to the person detained, in damages; and for services he, or they, shall receive from time to time the following rates: for each foot person three cents; for each person and horse twelve and a-half cents; for each one horse carriage and horse twenty cents; for each two horse wagon or carriage twenty-five cents; for each four horse wagon fifty cents; for each additional horse twelve and one-half cents; for each horse without wagon twelve and one-half cents; for each head of horned cattle, lead or driven, three cents; for each yoke of oxen twelve and one-half cents; for each head of sheep or swine, lead or drove, one cent: Provided, That he or they shall receive but nine cents going and nine cents returning, for a two horse vehicle loaded with lime or coal: And provided, That nothing in this act contained shall be construed to give to the said Samuel Keller, or his legal representatives, the right to receive or discharge any travelers, carriages, or other loading, on lands belonging to other persons, without the consent of the owner or occupier, except in or upon the public road aforesaid, so long as the same may remain a public highway: Provided, also, That said rope shall not interfere with the navigation of said river. Prov.so. Proviso. Proviso. Penalty for ma SECTION 2. That if any person or persons shall wilfully pull down, licious injuries. cut, break, or in any way injure or destroy any ropes, boats, or other property belonging to the said ferry, he, she, or they so offending shall each of them forfeit and pay to the said proprietor or occupier of said ferry, the sum of ten dollars in addition to all damages sustained by the occupier or proprietor thereof, to be recovered as debts of like amounts are by law recoverable: Provided, Suit shall be brought within thirty days after such offence shall have been committed. JOHN S. RHEY, Proviso. APPROVED-The eighth day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. |