Penalty for damage done to the road,

&c.

defendant or defendants in such suit or action, may plead the general issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by authority of this act.

SECTION 18. If any person or persons shall wilfully and knowingly break, injure or destroy the railroad, or any part thereof, or any work, edifice or device, or any part thereof, to be erected by the said company, in pursuance of this act, or shall in any manner obstruct the free passage along the said railroad, he, she or they, shall forfeit and pay to the said company three times the actual damage thereby sustained, to be sued for and recovered with costs of suit, in any court having cognizance thereof, by action of debt, in the name and for the use of the company.

SECTION 19. If the said company shall not commence the Time ofcom-construction of the said railroad within the term of three, mencing and and complete the same within the term of ten years from completing the passage of this act, then this charter shall be null and

the road.

The number of shares may be increased.

Reservation

ture.

void.

SECTION 20. If any increase of the capital stock be deemed necessary by the stockholders, to complete the said railroad, or to lay another track, it may be lawful for the said president, managers and company, at a stated or special meeting convened for the purpose, to increase the number of shares, so that they shall not in the whole exceed three thousand, and to receive and demand the monies for shares so subscribed in like manner, and under like penalties, as are herein before provided for the original subscription, or shall be provided for by their by-laws.

SECTION 21. If at any time the said company shall misuse of powers by or abuse any of the privileges hereby granted, the legislature the legisla- may resume all and singular, the rights and privileges hereby granted to said company, and the legislature reserves the right to reduce and regulate the tolls hereby authorized. SECTION 22. That the president or secretary of the said ment to the company shall annually, on the first Monday of December, Auditor Gen. transmit to the Auditor General a full statement, under oath,

Annual state.

eral.

Tax.

of the affairs of said company, and that the said company shall pay into the state treasury, for the use of the commonwealth, a tax of eight per centum on all dividends which may exceed six per centum on the capital stock actually paid in.

NER MIDDLESWARTH, Speaker of the House of Representatives. THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The fourteenth day of March, Anno Domini, one thousand eight hundred and thirty-six.

JOS: RITNER.

No. 40.

n Act

Regulating election districts, and for other purposes.

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 electors in the township of Harris in the Harris town. county of Centre, shall hereafter hold their elections at the ship, in Censchool house in the town of Springfield, generally called tre county. Boalsburg.

SECTION 2. The general elections in Plunket township in Plunket and Lycoming county, shall hereafter be held at the house now Elkland, in occupied by John Woodley, in the said township, and that Lycoming the general elections of Elkland township, in the said county county. of Lycoming, shall, hereafter be held at the house now occupied by John Mullan, in said county.

SECTION 3. The township of Springfield in the county of Springfield, Delaware, shall hereafter be a separate election district, and in Delaware the electors thereof, shall hold their general elections at the county. public house of Morris W. Heston, in the said township, and so much of the thirtieth section of an act entitled "An act regulating election districts, passed the ninth April, A. D., one thousand eight hundred and thirty-three, as connects parts of the townships of Ridley and Nether Providence, Ridley and with the said township of Springfield, in the formation of an Nether Provelection district, is hereby repealed, and the electors of the idence. said townships of Ridley and Nether Providence, shall hold their general elections at the same place they were held previously to the passage of the said act.

SECTION 4. The electors of Sugargrove township, in the Sugargrove, county of Warren, shall, hereafter hold their general elec-in Warren tions at the house now occupied by John J. Wilson, in said county. township.

SECTION 5. The electors of East Vincent township, Chester East Vincent county, composing the fifteenth election district, shall here- in Chester after hold their general elections at the public house now county. kept by George Crisman, junior, on the ridge road, in said township.

SECTION 6. The township of West Hempfield, in the West Hempcounty of Lancaster, shall hereafter be an election district field, in Lanseparate from the borough of Columbia, and shall hold their caster county general elections at the public house now occupied by Jacob Gamber, in said township.

Borough of
SECTION 7. The electors of the borough of Kittanning, in
Kittanning, the county of Armstrong, shall hereafter, at the proper time
Armstrong and place, elect by ballot, one assessor, two assistant asses-
county.

sors, two overseers of the poor, and three auditors, and the
commissioners of said county shall hereafter appoint a collec-
tor for the said borough, separate and distinct from the town-
ship of Kittanning, and the officers so elected and appointed,
shall be subject to like duties and penalties, and receive the
same compensation of township officers in the said county,
in similar offices, and that all that portion of Kittanning
township, including the borough of Kittanning, commen-
cing where the western boundary of the Wallace surveys
strike Mahoning creek, thence along the western boundary
line of said surveys, and by a straight line to the new pur-
chase line, and thence by a direct line to where the eastern
boundary line of the "Manor Appleby" strikes Crooked
creek, and thence down said creek, up the Allegheny river

and Mahoning creek to the place of beginning, shall, togeBuffaloe, Su- ther with parts of Buffaloe and Sugar creek township, heregar. creek, & tofore annexed, form an election district, and the electors part of Kit therein, shali hold their general elections at the court house in said borough; and that part of Kittanning township lying north of the new purchase line, shall be a separate election district, and the electors within said bounds, shall hold

tanning townships.

their general elections at the house now occupied by Cowanshan- William Oliver, to be called Cowanshanink district, and ink district. that the residue of the said township of Kittanning, lying

south of the said new purchase line, shall be a separate elecKittanning tion district, to be called Kittanning township district, and

township district.

72d section

ed.

the electors therein shall hold their elections at the house now occupied by Henry King. in said township.

SECTION 8. That so much of the seventy-second section of of the act of an act entitled " An act establishing and altering certain April 15, election districts, and for other purposes," passed the 1835, repeal fifteenth day of April, eighteen hundred and thirty-five, as relates to the citizens of Neshanock township, west of Shenango, holding their general elections where the elections are held in Mahoning township, be, and the same is hereby reNewcastle pealed, and they as heretofore, be part of the Newcastle district.

district

Lower St.
Clair district

SECTION 9. That the electors of that part of St. Clair township, in the county of Allegheny, commonly known by the name of Obey's district, shall hereafter hold their township and general elections at the house of James Kerns, on the Washington and Pittsburg turnpike road, and the said district shall hereafter be called Lower St. Clair.

York county, SECTION 10. All that part of Codorus township, in the North Codo, county of York, included in the following limits, shall hererus district. after be a separate election district, to be called North

Codorus district;" beginning at the western boundary line
of said township, near and above the distillery of Mathias
Meyer, thence in a direct line to the house of John Galen-
thine, thence to the house of Daniel Henry, senior, and
thence by a direct line to the eastern boundary of the town-
ship, including all the above mentioned places; and the
electors residing therein, shall hold their general elections
at the house now occupied by John Emig, in said town-
ship, and the supervisor of the district, shall hold the elec-
tiou for inspector at the place above designated, at the time,
and in the manner now provided by law; And provided, Proviso,
That at the time of holding the said inspector's election,
there shall be no supervisor residing in the said northern
district of Codorus township, then the qualified electors shall
appoint a competent person to conduct said election.

SECTION 11. That from and after the passage of this act, it Supervisor of shall be lawful for the electors of Brighton township, in the Brighton county of Beaver, to elect one additional supervisor of the township. highways in said township.

SECTION 12. That the incorporated company of " Proprie- Proprietors tors of Plymouth township," Luzerne county, shall hereafter of Plymouth township. hold their annual elections for officers of the said corporaLod, at the same time and place that township officers are elected in said township; and that so much of the act incorporating said company, as requires said corporation to elect their officers on the last Saturday in April, be, and the same Repeal. is hereby repealed.

SECTION 1S. That from and after the passage of this act, Supervisors, at shall be lawful for the electors of South Whitehall town- South White

ship, in the county of Lehigh, to elect two additional supervisors of the highways in said township.

hall.

SECTION 14. That it shall and may be lawful for the qualified electors in the second and third wards of Spring Garden Spring Gar. district, county of Philadelphia, to change the place of den, Philahalding their elections, to such other place as may be most delphia coun convenient for them, in the same manner, and under the ty same regulations as now by law provided for such change in respect to the first and fourth wards of said district.

SECTION 15. That the election for township officers in the Bradford township of Franklin, county of Bradford, be held on the township. third Friday in February in each year.

SECTION 16. That it shall and may be lawful for all per-Constable of sas entitled by law to vote for burgesses and other officers Bridgewater, of the borough of Bridgewater, in the county of Beaver, at Beaver co. the same time and place where they vote for said officers, to elect two respectable citizens of the said borough, and return the names of the persons so elected to the next court of Quarter Sessions of the said county, one of whom shall be appointed constable of said borough, in the same manner,

Haverford district.

with like power and authority, and subject to the same regulations and penalties as are provided and contained in the laws now existing, or that may be hereafter passed, concerning constables within this commonwealth, and all manner of process which may by law be directed to the constable of said borough, whose duty it shall be to execute the same, according to law; and the constable so appointed shati do and perform the duties required to be done by the high constable of the said borough, in pursuance of law, and of the bylaws and ordinances of the said borough.

SECTION 17. The township of Haverford in the county of Delaware, shall hereafter form a separate election district, and the electors thereof, shall hold their general elections at the public house of David Lyons, in the said township.

SECTION 18. That the sixteenth section of the act enti

Repeal of Delaware & tled " An act to enable the Governor of this commonwealth Schuylkill to incorporate a company for opening a canal and lock navicanal, &c. gation between the rivers Delaware and Schuylkill, through the southern section of Philadelphia county, be, and the same is hereby repealed.

SECTION 19. That so much of the fifteenth section of the Cumberland act of second April, eighteen hundred and thirty-one, entiValley rail- tled an act to incorporate the Cumberland Valley railroad road comp'y.company, as provides for the assessment of damages done to

Damages.

Proviso

the owners of land through which the road shall be located, shall be, and the same is hereby amended, so that upon an appeal now entered, or hereafter to be entered by either party, from the award of the reviewers appointed to assess the damages, or compensation for materials, the said coinpany, their agents or contractors for making or repairing the said road, may immediately proceed to take said materials, or make the said road through the said lands, without awaiting the issue of proceedings, as therein prescribed, and without the tender or payment of the amount of the award, until the said appeal shall be determined; Provided, That upon an appeal by the said company, they shall give absolute bail for the amount of the award, to be paid, if ultimately recovered, by the land owner.

SECTION 20. That so much of an act of assembly, entitled an act relative to swine running at large in McKean county, and for other purposes, passed the twenty-first day of March, A. D. one thousand eight hundred and thirtyBounty for three, as in its effects, gives a bounty for the destruction of foxes in the county of Bradford, be, and the same is hereby repealed.

foxes re pealed.

SECTION 21. That the limitation contained in the eleventh section of the act, passed the seventh day of March, eighteen hundred and thirty-five, entitled "A supplement to the act for