Proviso. Election of officers. Examination and view of road. Tolls. Authority to as said company may think it necessary so to do: And provided further, That whenever private property shall be required to construct said road upon, the managers shall give notice of their intentions to use the same to the owners or occupiers of said lands, and make amends for the damages, upon a reasonable agreement by the parties, and if they cannot agree, then a just and equitable assessment to be made upon oath or affirmation by three disinterested freeholders, or any two of them, to be mutually chosen, or if either party, upon due notice, shall neglect or refuse to join in the choice, then to be chosen by a justice of the peace who shall not be interested therein, and upon the tender of the assessed value it may be lawful for said company to enter upon and occupy said lands. SECTION 4. That whenever two hundred shares shall be subscribed, of twenty-five dollars each, any three stockholders may call a meeting, by putting up written or printed notices in at least six of the most public places along said contemplated road, that on a day certain, and less than six days from the putting up of said notices, for the election of one president, twelve managers, and one treasurer, all of whom shall be stockholders, and shall be elected by a majority of votes of the stockholders convened at that meeting, or any subsequent meeting for the election of officers of said company, and, shall hold their office for the term of one year, or until their successors shall be elected: Provided, That at any meeting of the managers seven members shall constitute a quorum for the transaction of business. SECTION 5. That when the said company shall have completed one or more miles of their road, they shall give notice to the court of quarter sessions of the city and county of Philadelphia, who shall thereupon forthwith nominate and appoint three skillful, judicious and disinterested persons to view and examine the same, and make report, in writing, to the president judge of said court, whether said road is so far completed in a competent and workmanlike manner, according to the true intent of this act, and if their report shall in either case be in the affirmative, then said court shall, by license, under the seal of said court, permit and suffer said company to erect such and so many gates upon and across said road as will be necessary to collect the toll and duties hereinafter granted to said company, from all persons traveling on the same otherwise than on foot, that is to say:-for every horse and his rider, or led horse or mule, or driven mules, one-half of one cent per mile; for every sulkey, chair, coach, cart, wagon, sleigh, sled, or any other vehicle or carriage of pleasure or burden, under whatever name it may go, one cent per mile; for each horse, mule or ox drawing the same, without respect to the number or width of the wheels, and for all fractional parts of toll not equal in value to any denomination of coin in circulation, the said company may take and receive the next highest denomination, and it shall be lawful for the said company to erect within the limits of their road at each of their gates, a toll house or dwelling house for the use and accommodation of the toll collector at such gate. SECTION 6. That the board of commissioners or supervisors of borrow money. high-ways of the townships through which said turnpike or plank road shall pass shall, in addition to the powers vested in them by an act of Assembly approved April fifth, one thousand eight hundred and fortytwo, authorizing subscriptions to turnpike roads on behalf of townships through which said roads may pass, be authorized and empowered to borrow money on the credit of said townships to pay the instalments on the stock so subscribed, and to issue certificates for the same, bearing an interest not exceeding six per centum per annum, and re imbursable at any time not exceeding ten years, which certificates shall be binding on said townships. SECTION 7. That if said company shall not commence the construc- Commencement tion of their road within three years after the passage of this act, or and completion shall not within five years thereafter complete at least three miles of of road. said road, according to the true intent and meaning of this act, then and in either case, all and singular the rights and privileges hereby granted to said company shall revert to this Commonwealth. railroad com SECTION 8. That the Philadelphia, Germantown and Norristown Philadelphia, railroad company shall, within three months from the time the town Germantown, council of the borough of Norristown, in the county of Montgomery, and Norristown shall have given the president of the said company written notice to pany to raise that effect, raise the track and bed of their road along Washington the track of street, in the said borough, to such height as the said council shall by their road. resolution order and prescribe, and in case the said company shall fail to comply with such notice, the town council of the said borough may at any time thereafter proceed to raise the same to the height provided in the said resolution, and all expenses, costs and charges incurred by the said council in the execution of the work, or any part of it, shall be recoverable at law against the said company, in the name of and for the use of the said borough. SECTION 9. That from and after the passage of this act, the supervi- Duties of supersors of the townships of Unincorporated Northern Liberties and North visors of UninPenn, in the county of Philadelphia, are hereby authorized and required corporated to grade and flag all the public roade under their supervision where they cross the sidewalks, on the Germantown and Perkiomen turnpike road, in their respective districts. erties and Pena. SECTION 10. That property owners adjoining and using any private Duties of proroad, lane or alley, crossing the aforesaid sidewalks, and not under the perty owners. care of the supervisors aforesaid, are hereby required to grade and flag the same within thirty days after the passage of this act. SECTION 11. That the aforesaid supervisors are hereby authorized Supervisors to and required to make such water-courses along the roads under their make watersupervision as shall be necessary to carry the water away from the courses. sidewalks aforesaid. SECTION 12. That the commissioners of the District of Moyamen- Commissioners sing shall have full power to pave or cause to be paved, Southerland of Moyamensing avenue from Cedar street to the north side of the U. S. Arsenal, and to pave Southerto charge the expenses thereof to the owners of property fronting thefeon, according to the existing laws authorizing the paving of streets and alleys within the district of Moyamensing. land avenue. SECTION 13. That from and after the passage of this act it shall be Karthouse tp., and is hereby lawful to hold the township and general election in the Clearfield co. township of Karthouse, Clearfield county, at the house of B. D. Hall and company, at Salt Lick, in said township. SECTION 14. That in any suit hereafter brought by the township of Suits by the Blockley for any claim or demand of the township of Blockley against tp. of Blockley the late borough of West Philadelphia, out of any matter or thing against West which did arise between the said township and the said late borough, Philadelphia. after the incorporation of the said late borough by the court of quarter sessions of the county of Philadelphia, and before the quashing by the supreme court of this Commonwealth of the proceedings of the said court of quarter sessions for the county of Philadelphia for incorporating the said borough, the said township of Blockley be and is hereby authorized to proceed at law and in equity against the borough of West Philadelphia, incorporated by the act to which this is a supplement, passed the seventeenth day of February, one thousand eight hundred Suits to be com and forty-four, with like effect in all respects as the said township might or could have procured against the said late borough had the proceedings and decree for incorporating the same of the said court of quarter sessions not been quashed as aforesaid, and had the said late borough continued in full existence under the said proceedings and decree of the said court of quarter sessions for incorporating the same. SECTION 15. That any such proceeding at law or in equity by the menced in six said township of Blockley against the said borough of West Philadelphia, shall be commenced and sued within six years next after the passage of this act, and not after. years. Greenwich tp., Judgments on docket of L. P. Salford, how supplied. Proviso. Wyalusing tp., SECTION 16 That hereafter the qualified voters of Greenwich township, Berks county, shall hold their general, special and township elec tions at the public house now occupied by Henry P. Dietrich, at Klinesville, in said township. SECTION 17. That it shall be lawful for all persons who had unsatisfied judgments, demands, or unfinished proceedings, on the docket of L. P. Stalford, late a justice of the peace of Wyalusing township, Bradford county, at the time said justices office and dockets were destroyed by fire, to collect, recover and perfect the same, in the same manner that the citizens of Erie city are authorized to do by the first, second, third and fourth sections of an act entitled "An Act to reinstate certain judgments on the docket of R. O. Hulbert, late a justice of the peace in Erie county, and George Kellogg, Esquire, an acting justice in and for said county, which dockets were destroyed by fire; and annexing the property of John Woodward, of Milford township, to the township of Beale, in Juniata county," approved the day of March, one thousand eight hundred and fifty-three: Provided, That the citizens of said county of Bradford shall make the applications and affidavit required by the first section of said act, before any justice of the peace in said township of Wyalusing, and appeals from the judg ment of said justices may be taken to the court of common pleas of said county of Bradford, upon the same terms and conditions as in other cases of appeals from the judgment of justices of the peace. SECTION 18. That from and after the passage of this act the township elections for the township of Wyalusing, in the county of Bradford, shall be held at the house now occupied by John Fisher, in said township. W. P. SCHELL, APPROVED-The fifth day of April, A. D., one thousand eight hun dred and fifty-three. WM. BIGLER. To authorize mortgages of Coal Leases in Schuylkill county. 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 every tenant of the right to mine coal, or lessee of coal lands or coal Mortgage of mining rights in or on the lands of others, in Schuylkill county, coal lands in may mortgage their interests in such rights or property demised, to- Schuylkill co. gether with all machinery and fixtures appurtenant or belonging thereto, or used in the enjoyment of the same, so as to be good and available in law against all subsequent purchasers or execution creditors upon the recording of such mortgages, as hereinafter directed: Provided, That this act shall not interfere with the rights of the owners of the fee simple to recover the amount of rent due them. SECTION 2. That the instruments mentioned in the preceeding sec- Duties of retion shall be recorded in the county of Schulkill, within five days after corders. the execution of the same, and in the office of the recorder of deeds of such county, and such recorder is hereby required to record the same at length, in a book to be by him kept in his said office, to be provided at the expense of said county, and to be called coal lease mortgage book, and shall duly certify the record of all such instruments, under his hand and official seal thereon. SECTION 3. That every mortgage filed and recorded in pursuance of Mortgages, this act, shall cease to be valid as against the creditors of the person when to cease making the same, or against subsequent purchasers or mortgagees in being valid. good faith, after the expiration of one year from the recording thereof, unless within the said term of one year a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be filed in the office of the recorder aforesaid, and it shall be the duty of the recorder receiving such copy and statement to file and endorse thereon the time of receiving the same, and also to note the filing and the date of the filing thereof, and likewise the interest aforesaid claimed in such statement, upon the record of the said mortgage. in evidence. SECTION 4. That a copy of the record of any such original instru- Certified copies ment, or of any copy thereof, so filed as aforesaid, including any state- to be received ment made in pursuance of this act, certified by the recorder, shall be received in evidence, but only of the fact that such instrument or copy and statement was received and filed according to the endorsement of the recorder thereon, and of no other fact, and in all cases the original endorsement by the recorder, made in pursuance of this act upon such instrument or copy, shall be received in evidence only of the facts stated in such endorsement. dence. SECTION 5. That the record of any such original instrument, inclu- Record to be reding any note or notes made by the recorder upon the record, in pur-ceived in evisuance of this act, or a copy thereof, certified by the recorder, shall be received in evidence, but only when the original instrument and the copy or copies thereof filed shall all be lost, and then only of the fact that such instrument or copy and statement, or copies and statements, if there be more than one, was or were recorded and filed according to the endorsement of the recorder thereon, and of no other fact, and in all cases the acknowledgment by the person making the original instrument of the execution thereof, or the certificate of such acknowledg ment, shall be received in evidence only of the fact that such person duly executed said instrument, and of no other fact. Instrument to SECTION 6. That the recorder of deeds of the said county shall not be duly acknow-receive any such original instrument to record unless the same shall ledged before have been first duly acknowledged by the mortgagor, so as to entitle the being recorded. same to be recorded, nor a copy thereof, with statement annexed as aforesaid, to file, unless such statement shall have been first duly verified by the oath or affirmation of the mortgagee, and such recorder shall number on the back every such instrument or copy which shall be filed in his office, in the order in which the same shall be received by him during each year, and he shall, at the expense of the county, procure suitable books, and enter therein alphabetically the names of all the parties to such instrument, with the number endorsed thereon opposite to each name, which entry shall be repeated alphabetically under the name of every party thereto. Fees of recorder. SECTION 7. That for services under this act the said recorder shall be entitled to receive the following fees: For filing each copy six cents; for entering the same in a book, as aforesaid, six cents for every party to such instrument; for recording the same, including the certificate thereof, one cent for every ten words; for making note of copy and statement on the record six cents; for entering satisfaction on the record six cents; for searching for each paper six cents; and for certified copies of the record, and of such instruments or copies thereof and statements, including certificate and seal, one cent for every ten words. W. P. SCHELL, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The fifth day of April, A. D., one thousand eight hundred and fifty-three. WM. BIGLER. Increase of capital stock. No. 199. A FURTHER SUPPLEMENT To the act entitled "An Act to incorporate the Lebanon Valley railroad company," approved April first, one thousand eight hundred and thirty-six. 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 capital stock of the Lebanon Valley railroad company be and the same is hereby increased to thirty thousand shares, of the par value of fifty dollars each, to be subscribed under and in accordance with the provisions of the act to which this is a supplement, and also that the |