the Hollidaysburg and Altoona plank road company are hereby authorized and empowered, when any part of said road may be worn out or decayed, to repair the same from time to time, as occasion may require, with stones, cinder, or other suitable material, whenever the managers thereof deem it advisable so to do.

W. C. A. LAWRENCE, Speaker of the House of Representatives.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED—"The seventh day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 41.

SUPPLEMENT

To an act relative to the sale of a certain Burial Ground for Colored Per

sons in the borough of Harrisburg, and to the purchase of other ground for such purpose, approved February sixteenth, one thousand eight hundred and fifty-seven.

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 at the expiration of the term of office of the first named trustees, the board of trustees of the Harris Free cemetery, and their successors in office, are hereby authorized, empowered and required to perform all the unfinished duties, and assume all the powers, trusts, obligations and responsibilities of the first named trustees aforementioned.

W. C. A. LAWRENCE, Speaker of the House of Representatives.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED—The seventh day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 42.

A SUPPLEMENT

To an act, entitled "An Act to incorporate the Honesdale 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

the Honesdale gas company be and is hereby authorized, under Authorized to its charter, to supply gas to such persons, partnerships and cor- extend pipes, &c. porations in the township of Texas, as may desire the same; and for that purpose said company is hereby empowered to extend its pipes into said township, with the right to enter upon any street, lane, alley, highway or bridge therein, for the purpose of laying down pipes, altering or repairing the same, doing as little damage thereto as possible, and obstructing the free use thereof for as short a space as practicable.

SECTION 2. That, hereafter, at each annual election of said Election of manacompany, there shall be elected from among the stockholders gers, relative to. five managers, according to the provisions of the fourth section. of the act to which this is supplementary; and hereafter the annual election of officers shall be held on the first Monday in July; and all the provisions of the said act which are inconsistent herewith, are hereby repealed.

W. C. A. LAWRENCE,
Speaker of the House of Representatives.

WM. M. FRANCIS,

Speaker of the Senate.

APPROVED-The seventh day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 43.

A FURTHER SUPPLEMENT

To the act erecting Wyoming county.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That in all cases of estates yet remaining unsettled, wherein probate of any last will and testament was taken in the county of Luzerne, prior to the organization of the county of Wyoming, di

viding land or property situate in said county of Wyoming, and where the executor thereof and parties in interest, or a majority of them, shall reside in said county of Wyoming, the testator having been domiciled therein, it shall be lawful for the heirs or parties in interest to procure a transfer of the record of such will and probate, and of any proceedings that may have been had in the partial settlement of such estate, to the proper records in the county of Wyoming; and the settlement of every such estate shall thereupon be proceeded with, in the said county of Wyoming, in the same manner as if the probate had been originally taken therein.

W. C. A. LAWRENCE, Speaker of the House of Representatives. WM. M. FRANCIS,

Speaker of the Senate. APPROVED—— The eighth day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 44.

AN ACT

Fising the place of holding Elections for Wheatfield township, Indiana

county. WHEREAS, The place fixed by law for holding elections for Wheatfield township, Indiana county, is a private dwelling, and it is desirous that the place of holding the elections for said township should be changed to a public building : And whereas, The court of quarter sessions of Indiana county will not hold a session until after the time for holding the next spring election will have elapsed; therefore,

Section 1. Be it enacted by the Senate and House of Represen. tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the general, special and township elections of the township of Wheatfield, in the county of Indiana, shall be hereafter held at the town ball in the borough of Armagh, in the county of Indiana.

W. C. A. LAWRENCE, Speaker of the House of Representatives.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED—The eighth day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 45.

AN ACT

To lay out a State Road from a point in a Public Road leading from Jonestown, Lebanon county, to Woleberstown, in the county of Berks, at or near Philip Batdorff's house, in the township of Jackson, Lebanon county, to a point in the public road leading from Myerstown, Lebanon county, to Frystown, in the county of Berks, at or near Daniel Batdorff's, in Tulpehocken township, Berks connty.

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 Adam Grittinger and William Urick, of Lebanon county, and Commissioners. Henry Brown, of Berks county, be and they are hereby appointed commissioners to view and lay out a State road from a point in a public road leading from Jonestown, Lebanon county, Route. to Woleberstown, in the county of Berks, at or near Philip Batdorff's house, in the township of Jackson, Lebanon county, to a point in the public road leading from Myerstown, Lebanon county, to Frystown, in the county of Berks, at or near Daniel Batdorff's house, in Tulpehocken township, Berks county.

SECTION 2. That it shall be the duty of said commissioners, Duty of commisas soon as practicable, having first been duly sworn or affirmed sioners. before a justice of the peace or other proper officer, to perform the duties enjoined upon them by this act with impartiality and fidelity, which said oath or affirmation shall be filed in his office by the said justice of the peace or other proper officer, carefully to view the ground and lay out the said road, having respect to the ground and shortest distance, so as best to promote the public good, and do the least injury to private property; and they shall clearly and distinctly mark upon the ground the route agreed upon, so as to enable the supervisors to readily find

the same.

SECTION 3. That said commissioners shall have authority, by Authority and this act, to vacate any road or part of a road hereby rendered powers. useless, and to lay out any part of said road on the bed of any road or part of a road heretofore constructed or laid out by authority of law, or established by prescription or otherwise howsoever; and they shall make a fair and accurate draft of the lo- Drafts where and cation of said road, noting the courses and distances, with a when deposited. reference to the improvements; one copy thereof shall be deposited in the office of the secretary of the commonwealth, on or before the first day of October next, and one copy in the office of the clerk of the court of quarter sessions of each of the said counties, on or before the said first day of October; and from thenceforth the road shall be, to all intents and purposes, a publie highway, and shall be opened to the width of thirty-three feet, and shall be made and repaired in all respects as roads laid out by order of court; and the damages sustained by the owners of land, if any, shall be assessed and paid as provided by the Subject to.

Compensation.

How paid.

Vacancies.

act of the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six.

Section 4. That the said commissioners, one of whom may be an artist on said road, shall each be entitled to receive two dollars per day for each and every day they shall be necessarily employed in performing the duties enjoined upon them by this act, and the artist shall be entitled to receive fifty cents per day additional compensation; and the said commissioners are hereby authorized to employ two chain carriers and one axeman, at a compensation not exceeding one dollar and twenty-five cents per day; and the accounts shall be registered by the commissioners, and paid by the treasurers of said counties in the usual manner; and if any vacancy shall occur by resignation or otherwise, the remaining commissioner or commissioners shall have power to supply such vacancy or vacancies by appointment: Provided, that the expense which the said counties of Berks and Lebanon will be liable to pay, by reason of the laying out and opening the road aforesaid, shall be proportioned between them, according to the length of said road in each of said counties.

W. C. A. LAWRENCE, Speaker of the House of Representatives.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED—The eighth day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

Proviso.

No. 46.

AN ACT

Relative to Roads in Mercer county.

Section 1. Be it enacted by the Senate and House of Represen. tatives of the Commonwealth of Pennsylvania in General Assembly

met, and it is hereby enacted by the authority of the same, That Each sub-school every sub-school district in the respective townships in the distriet to be a county of Mercer shall be a road district, and shall each and road district.

every year, at the time of electing township officers, also elect Road masters, one person as road master in each district; and the supervisors election of.

shall furnish each road master with a list of the taxables in his Duty of supervi- district, together with the amount of the tax to be paid by each ;

and the road master shall notify each person named in his duDuty of road plicate, of the time and place he intends to work on said roads,

and if the person so notified neglect or refuses to work as directed, such delinquent shall be returned by the road master

sors.

masters,