Proviso. the office of the prothonotary of the court of common pleas of Lehigh county, and shall there be proceeded on and considered to all intents, as if it were a judgment of said court: Provided, That the expense of said transfer shall be borne and paid by the said plaintiff, and all the expenses of the daily pay of jurors, who may be empanneled to try the said case, shall be refundable to Berks county, by the commissioners of Lehigh county: And provided, also, That the said final judgment shall be subject to a writ of error to the supreme court as in other cases; and in case the same should be reversed, and a venire facias de novo awarded, the same shall be again transferred and re-tried in Berks county, in the same manner as is, hereinbefore provided. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-seventh day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. Preamble. Tax. No. 302. AN ACT To authorize the burgesses and assistant burgesses of the borough of West Chester, to levy and collect a protection tax, and for other purposes, WHEREAS, The burgesses and inhabitants of the borough of West Chester, have, at large expense, introduced by means of iron pipes laid under ground along the principal streets of the town, a supply of wholesome water for the use of the citizens, and for the protection of their property from destruction by fire: And whereas, Many of the citizens whose property is by this means protected, do not contribute their just proportion to the yearly expense of supporting the water works, and bringing in such supply: 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 the burgesses and assistant burgesses of said borough, in council assembled, shall be and are hereby authorized to lay and assess yearly, and every year, a tax to be called "a protection tax," upon the owners or occupiers of all houses, barns, stables, sheds, out-houses and other buildings within the said borough: Provided, That no tax shall be laid or assessed for any building situate more than six hundred feet from the nearest fire plug: And provided also, That each protection tax shall not exceed one-third of the county rates and levies for the time being. SECTION 2. The said burgesses and assistant burgesses are hereby Discrimination. authorized to discriminate and distinguish, in the laying and assessing Proviso. of said tax, between the owners and occupiers who pay water rents for the use of the water introduced into the lots on which such houses, barns, stables, out-houses or other buildings may be erected, and those who pay no such water rents; and the said tax when so laid and assessed, shall be collected by the collector of the borough tax of the said borough, who shall have the same power and authority for the collection of the same, as are conferred by law on collectors of township rates and levies. SECTION 3. The burgesses and assistant burgesses, on complaint to Abatement. them made by any such owner or occupier, are hereby authorized to make any abatement from, or alteration in, said tax so to be laid and assessed as aforesaid, at any time prior to the payment of the same to the collector. SECTION 4. No person or persons whatever shall be permitted or Nuisances. allowed to erect, create or continue any nuisance or nuisances, injurious to the health or comfort of the inhabitants of the said borough, on any lot, or within any building, or in any street or alley within the limits of the same, under the penalty of any sum not exceeding twenty dollars for every such offence, to be sued for and collected for the use of said borough, before the chief burgess, or any justice of the peace residing therein: Provided nevertheless, That any person who may consider Proviso. himself aggrieved by the judgment of such burgess or justice of the peace, shall be entitled to appeal therefrom, agreeably to the provisions of an act, entitled "A further supplement to an act, entitled 'An Act to incorporate the town of West Chester into a borough,' passed the eighteenth day of June, one thousand eight hundred and forty-two." JAMES ROSS SNOWDEN, Speaker of the House of Representatives. APPROVED-The twenty-seventh day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 303. AN ACT To authorize the governor to incorporate the president, managers an the Donegal and Hempfield turnpike road company. company of 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 Clement Hubbs, John A. Hays, John Fashold, William Reynolds, Commissioners. Thomas Hurst, B. D. Marker, C. M. Walthour, Daniel Corts and Gen. Jacob Gosser, of Westmoreland county, be and are hereby appointed commissioners to do and perform the several things hereinafter tion. mentioned, that is to say; they shall, on or before the first day of Form of subscrip- September next, procure a book and enter in it as follows: We whose names are hereunto subscribed, do promise to pay unto the president, managers and company of the, Donegal and Hempfield turnpike road, the sum of twenty-five dollars for every share of stock set opposite to our respective names, in such manner and proportions, and at such times as shall be determined on by the president and managers of the said company, in pursuance of an act of the general assembly of this commonwealth, entitled "An Act to authorize the governor to incorporate the president, managers and company of the Donegal and Hempfield turnpike road company." Witness our hands, the day Subscriptions. Letters patent. Name. Liberties and franchises. of in the year of our Lord, one thousand eight hundred ; and shall thereupon give notice in one or more of the newspapers printed in the county of Westmoreland, for one month. of the time and place, when and where the said book shall be opened to receive subscriptions for the stock of the said company, at which time and place some one of the said commissioners shall attend, and permit and suffer all persons of lawful age, who shall offer to subscribe in the said book, in their own name, or in the name of any other person who shall duly authorize the same, for any number of shares of the said stock; and the said book shall be kept open respectively, for the purpose aforesaid, for at least six hours in every juridical day, for the space of three days, and until the said book, so opened, shall have two hundred shares therein subscribed; and if at the expiration of the said three days the book aforesaid shall not have the number of shares aforesaid, therein subscribed, the said commissioners respectively may adjourn from time to time, and transfer the book from place to place, until the whole number of shares shall be subscribed, of which adjournment and transfer the said commissioners shall give notice, as the occasion may require. SECTION 2. Whenever ten or more persons shall have subscribed fifty shares, or more of the said stock, the commissioners shall certify under their hands and seals the names of the subscribers, and the number of shares subscribed by each to the governor; and thereupon it shall and may be lawful for the governor, by letters patent, under his hand and the seal of the state, to create and erect the subscribers, and if the said subscriptions be not full at the time, then also, those who shall afterwards subscribe to the number aforesaid, into one body corporate and politic, by the name, and style and title of the president, managers and company of the Donegal and Hempfield turnpike road; and by the said name the said subscribers shall have perpetual succession, and all the privileges and franchises incident to a corporation; and shall be capable of taking and holding their said capital stock, and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent and meaning of this act; and of purchasing, taking and holding to them and their successors and assigns, and of selling, transferring and conveying in fee simple, or for any less estate, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary to them in the prosecution of their works; and of suing and being sued, and doing all and every other matter and thing which a corporation or body politic may lawfully do. SECTION 3. The commissioners aforesaid, as soon as conveniently may be, after the said letters patent shall be sealed and obtained, shall give notice in the public papers aforesaid, of the time and place by them to be appointed, not less than thirty days from the publication of the first notice, of what time and place the said subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes Organization. of their own subscribers, by ballot, to be delivered in person or by proxy, duly authorized, one president, five managers, one treasurer, and Officers. such other officers as they shall think necessary to conduct the business of the said company for one year, and until such other officers shall be chosen; and the said managers so chosen, and their successors, shall and may make such by-laws, rules and regulations, not inconsistent with By-laws. the constitution and laws of this state and of the United States, as shall be necessary for the well ordering of the affairs of the said company. SECTION 4. That the president and managers, their superintendents, Power to locate surveyors, engineers and agents, shall be and they are hereby authorized road. to enter in and upon all enclosures over or through which the said road shall pass, or that it shall be thought proper to pass over, and the same to examine, and thereon shall locate a road, according to the best of their judgment, beginning at the forks of the road west of Donegal, at Backhouse's old stand, on the Somerset and Mount Pleasant turnpike road, in Westmoreland county, thence to Halthour's old stand, to intersect the Pittsburg and Greensburg turnpike road, in aforesaid county, which said road, shall be opened forty feet wide, at least twenty of which shall be made an artificial road, of clay, stone or gravel, or such other materials as the president and managers shall think proper, so that the same, when complete, shall not exceed in ascent or descent, five degrees from a horizontal line, and shall forever hereafter, maintain and keep the same in good and perfect order and repair: Provided, The owners of lands through which the said road shall pass, shall have the same remedy for damages as is provided in the general road laws of this Damages. commonwealth: And provided, further, That the said president and managers, in locating said road, shall select the nearest route and the best ground, between the several points designated, doing at the same time as little damage to the property of private individuals, as may be consistent with the judicious location of said road. SECTION 5. That said company shall have like powers, authorities Dutics, penalties, and privileges, necessary for carrying on and completing the said turn- tolls, &c. pike road, and be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, and be entitled to like tolls and profits, in proportion to the distance as are given and granted to the president, managers and company, of the Pittsburg and Butler turnpike road company, in and by an act of assembly of this commonwealth, passed the twenty-fourth day of March, Anno Domini one thousand eight hundred and seventeen. APPROVED-The twenty-seventh day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 304. AN ACT To incorporate the Spring Garden gas company. 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 Commissioners. John H. Dohnert, Samuel D. Patterson, Joseph Yeager, Christopher Mason, John E. Young, Daniel Smith, Thomas B. Town, Stephen B. Kingston, John J. M'Cahen, Isaac Shunk, Moses Nathans, John D. Ninesteel, Lawrence Shuster, James Rush, Henry M. Philips, Samuel Ovenshine, Joseph S. Kite, G. D. Rosengarten, Joseph A. Dean, William W. Warner, Henry Styer, William F. Boone and C. Wallace Brooke, Andrew C. Craig, Charles F. Lex, Thomas Hewit, Hartman Kuhn, Jr., Charles Harlan, Eli K. Price and Benjamin Davis, of the city and county of Philadelphia, or district of Spring Garden, or any five of them, be and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: They shall, on or before the first day of June next, procure a book, which shall be opened at some convenient place in said district, in Form of subscrip- which they shall enter as follows: We, whose names are hereunto subscribed, do promise to pay to the treasurer of the Spring Garden gas company, the sum of ten dollars for each and every share of stock set opposite to our respective names, in such manner and proportions, and at such times, as shall be determined on by the board of directors, in pursuance of an act of the general assembly of this commonwealth, entitled "An Act to incorporate the Spring Garden gas company. Witness our hands this day of in the year tion. Subscriptions. Proviso. of our Lord one thousand eight hundred and forty-four; and thereupon shall give notice in two newspapers, printed in the city of Philadelphia. for two weeks at least, of the time and place when and where the said book will be opened to receive subscriptions for the stock of said company, at which time and place two or more of the said commissioners shall attend, and permit all persons of lawful age, citizens of this state. or any other of the United States, who shall offer to subscribe in the said book in their own names or in the names of any other persons who shall authorize the same, for shares of the said stock, upon paying an instalment of five dollars on each share of stock so by them subscribed; and the said book shall be kept open for the purpose aforesaid, at least six hours each day for at least two days, or until the whole number of one thousand shares shall have been subscribed: Provided, That no person shall be permitted, on the first of said days, to subscribe for more than twenty shares of stock, either in his own name or in the name of any other person, nor in the like manner on the second day for more than thirty shares of stock; and if at the expiration of the said two days, the whole of the one thousand shares of stock shall not have been subscribed, the commissioners may adjourn from time to time until the whole may be subscribed for by any person or persons. SECTION 2. When five hundred shares or more of the said stock shall be subscribed, and the sum of five dollars paid on each share so subscribed, the commissioners, or a majority of them, shall certify to the |