[No. 111.] A SUPPLEMENT To an act entitled "An act to ascertain certain parts of lines between the counties of Berks, Northampton, Northumberland, and Luzerne, and for other purposes," therein mentioned, passed the seventeenth day of April, one thousand seven hundred and ninety-five, 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 Thomas Smith of the county of Luzerne, Com'issioners Alvah W. Norton of the county of Wayne, and Moses W. to assertain Coolbaugh of the county of Monroe, be and they are hereby boundarylines made commissioners, to re-survey and establish the line be- between Lutween the counties of Luzerne, Monroe and Wayne, according zerne, Monroe to the survey made in pursuance of the act to which this is a counties supplement, so far as the same may be ascertained, and mark the said survey distinctly on the ground. If, however, it shall appear to the said commissioners that the said boundary line has not been run or any portion of it, then they shall survey and locate the same according to the act above recited. and Wayne SECTION 2. The said commissioners shall receive as a compensation for their services, the sum of three dollars per day Compensati'n while actually engaged in the discharge of their duties; and they shall employ a competent surveyor, who shall receive the same sum, and the expenses thereof shall be borne equally by the counties of Luzerne, Monroe and Wayne, as also any incidental expenses that may be necessary in the performance of the respective duties required by this act. SECTION 3. The said commissioners shall make out a draft of the said survey, certified under their hands, with the courses and distances plainly laid down, a copy of which shall be filed Draft in the commissioners' office of each of the counties bordering on the said line, and the original filed in the office of the secretary of state, in a convenient time after the survey shall be made; and if either of the said commissioners shall be unable to attend. to their duty, the Governor is authorized to appoint another. SECTION 4. That the president, managers and company of the Belmont and Easton turnpike road company, be and they Belmont and are hereby authorized to make or cause to be made, such alte- Easton turn ration in the route of the said road as they shall deem expe- pike company dient, subject to the same privileges and restrictions as are alter route prescribed by their original act of incorporation. to assertain Franklin and Commisso'rs SECTION 5. That Abraham S. M'Kinney of Cumberland county, John Johnston of Perry county, and Andrew Wilson boundary lines of Franklin county, be and they are hereby appointed combetween missioners, for the purpose of running and marking the line Perry count's between Franklin and Perry counties; beginning at the corner of Cumberland and Franklin counties, on the top of the Blue mountain; thence by a line in the direction of Concord, to the summit of the next mountain; thence along the summit of said mountain as far as pacticable, so as to leave the entire valley of Amberson, in the county of Franklin, and to divide the mountain territory as equally as possible between the two counties; thence along the summit of the round top, to the most practicable point on the Conecocheague mountain, leaving the entire valley called Sherman's valley, in the county of Perry; and thence to the corner between Franklin, Perry and Juniata counties; and the said commissioners are required in all cases (in running said division line) to keep as near as possible to the summit of said mountains. Drafts Compensati'n Vacancy Proviso SECTION 6. The said commissioners shall, within one year after the passage of this act, survey and mark the line aforesaid, agreeably to the provisions of the first section of this act, and to make three drafts of the same, inserting the courses and distances on the drafts in words at full length, one of which they shall deposit in the prothonotary's office of Franklin county, and one in the prothonotary's office of Perry county, which shall thereafter be considered a public record, and the line so run and marked shall be the established boundary between the counties aforesaid; and the third draft they shall transmit to the surveyor general for the use of his office; and the said commissioners shall receive each two dollars per day, for the time they may be necessarily employed in performing the duties enjoined in this act, and shall be allowed a reasonable compensation for a surveyor, chain carriers and axe-men, which they may employ in executing the same; and the expenses incurred in running and marking the said line, shall be paid by the county commissioners of the counties aforesaid, each an equal half part thereof. SECTION 7. The commissioners appointed by the fifth section of this ac', or any two of them, shall have power in case any one of them cannot attend to the duties enjoined upon them by this act, to appoint another to fill the vacancy: Provided however, That he shall be selected from the county in which the vacancay may occur. SECTION 8. That it shall be the duty of the county commisCounty comsioners of the two counties respectively, to furnish each other missioners with the warrantee names of all the tracts of unseated lands unseatedlands that may be taken from the one county and fall into the other, in the final determination of the said line: Provided however, That each county shall be privileged to collect all arrearages of taxes on land affected by the line aforesaid, having been levied prior to the establishment of the same. highways SECTION 9. It shall be lawful, after the passage of this act, Chester cofor the supervisors of the public highways in and for the county of Chester, when the contractor or contractors shall refuse or neglect to keep in order their sections of the public roads, to have the same put in good repair, and the cost of said repairs shall be recoverable by said supervisors of said contractor or contractors as other debts of equal amount are by law recoverable, with costs of suit; and the authority of said supervisors shall extend in all cases to the day on which their successors shall sell at public auction the repairing of the several sections of roads in the townships of said county, and all the provisions of the twentieth and twenty-second sections of the act entitled an act granting certain powers to the authorities of the city of Lancaster and Philadelphia, and for other purposes, approved the sixteenth day of April, one thousand eight hundred and thirty-eight, so far as the same applies to the county of Chester, and all other acts and laws inconsistent herewith, be and the same are hereby repealed. SECTION 10. That it shall not be lawful for the town coun cil of the borough of Lewistown, in the county of Mifflin, to Borough of assess, levy or collect any tax or taxes, in any one year ex- Lewistownceeding double the amount of the county tax for that year levy and colassessed, unless some object of general utility shall be thought lect tax necessary, in which case a majority of the taxable inhabitants of said borough shall approve of and certify the object and amount of such tax, in writing, under their hands, to the town council, who shall then proceed to assess the same accordingly; and any thing in any law heretofore made, which is inconsistent with, or which is altered or supplied by this act, is hereby repealed. Provided, The provisions of this act shall not effect the collection of any taxes that are or have been levied and assessed in said borough, according to existing laws. SECTION 11. That the stockholders of the Millerstown and Lewistown turnpike road company are hereby authorized to Millerstown hold an election at the house of W. W. Wilson, in Mifflin- and Lewiɛtown, on the first Monday of May next, for three managers, town turnpike road company to conduct the affairs of said company until the next annual authorized to election, and E. L. Benedict is hereby authorized to give ten hold an elecdays public notice of said election, by publication in one news- tion paper in Juniata county, and the said election to be held and conducted in the manner now provided for by law for holding elections for managers of said company. WM. A. CRABB, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-This twenty-eighth day of April, one thou sand eight hundred and forty-one. DAVID R. PORTER. [No. 112.] AN ACT To annul the Marriage Contract of Zera Anson Brown and Julia his wife 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 marriage contract entered into by Zera Anson Brown, in the county of Broome, and state of New York, and Julia his wife, be and the same is hereby annulled Contract an- and made void, and the parties released and discharged from the said contract as fully and effectually and absolutely,as if they had never been joined in marriage. nulled SECTION 2. The directors of the Delaware coal company, Delaware coal are hereby authorized to increase the capital stock of said company to company, to any sum not exceeding five hundred thousand increase capi- dollars, the additional stock, to be divided into share of the like amount of the shares already created. tal stock WM. A. CRABB, Speaker of the House of Representatives. We do hereby certify that the bill entitled "an act to annul the marriage contract of Zera Anson Brown and Julia his wife and for other purposes" was presented to the Governor on the sixteenth day of April,e ighteen hundred and forty-one, and was not returned within ten days (Sundays excepted) after it had been presented to him; wherefore, it has, agreeably to the con stitution of this Commonwealth, become a law in like manner as if he had signed it. ALEX. RAMSEY, Clerk of the House of Representatives. Harrisburg, April 21, 1841. [No. 113.] AN ACT Authorizing the erection of an Academy for the use of the Sumneytown WHEREAS, By an act of assembly passed the tenth day of February, one thousand eight hundred and seventeen, entitled "A further supplement to the act passed the thirty-first of March, one thousand eight hundred and six, authorizing the erection of a school house near Sumneytown, in Montgomery county," it is provided that Philip Reed and Henry Snyder, or the survivor of them, shall have full power by law to re- Preamble cover from the commissioners of the Sumneytown school house lottery in said county, the unexpended surplus money which remains in the hands of the said commissioners, and appropriate it to the erection of a dwelling house for the accommodation of a teacher, on the same lot of ground which general Daniel Hiester granted to the citizens of Sumneytown and its vicinity for school purposes: And whereas, The said Philip Reed and Henry Snyder have recovered the said surplus money from the commissioners aforesaid, but have not, in pursuance of the said act of assembly, applied the fund or any part thereof to the erection of a dwelling house as aforesaid: And whereas, The citizens of the village of Sumneytown and its vicinity have, since the passage of the said act of assembly, been erected into a corporate body, under the name, style and title of "the Sumneytown society for the advancement of literature," for the purpose more effectually of carrying into effect the benificent object of the said Daniel Hiester: And whereas, The school house or academy now on the premises, is in such a state of dilapidation and decay as to render it unfit for school purposes, and the said corporation is prevented, by force of the said recited act, from appropriating the said surplus fund to the erection of a suitable building for giving instruction therein: Therefore, |