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Proviso.

Admission of

and directors to be chosen shall be arranged in three equal classes, of two vice presidents and three directors each, the said classes to serve respectively for one, two and three years, and that the corporation shall thereafter meet annually on the second Wednesday of February, at such hour and place as they may designate beforehand, then and there to transact all needful business, and furthermore to elect a president, a secretary and a treasurer for one year, and two vice presidents and four directors for three years, and that at the meetings and elections of the said corporation, whether stated or special, such of the members as shall attend thereat shall be a quorum: Provided, however, That the corporation shall not at any time be dissolved by reason of a failure to hold the annual meeting or to elect officers, but such meetings and elections may be held one calendar month thereafter, on ten days' public notice, and in the meantime the officers in place shall continue to act.

SECTION 4. That the terms and manner of admitting new members new members. into the said corporation, the amount of contribution payable by the members thereof annually, and for life, the manner of calling special meetings, and the duties of the officers of the same, whether herein named or hereafter to be provided for, shall be such as may be prescribed by the by-laws.

Appropriation.

Proviso.

When annual

the Commonwealth to commence.

SECTION 5. That the sum of ten thousand dollars be and the same is hereby appropriated towards the purchase of grounds and the fitting up of a suitable building or buildings for the uses of the said corporation, to take effect when a like sum shall be subscribed by other responsible contributors, and a further sum of ten thousand dollars is hereby appropriated to said objects, to take effect when a further sum of ten thousand dollars shall be contributed by others, as aforesaid, the said sums to be paid by the State Treasurer upon the warrants of the Governor, to be drawn for amounts equal to the aggregate payments made from time to time by such other contributors: Provided, That not more than ten thousand dollars shall be drawn from the treasury within one year after the passage of this act.

SECTION 6. That when said institution shall have been organized contributions by and buildings prepared for the reception of pupils, the Commonwealth will contribute annually the sum of two hundred dollars for each and every indigent pupil of this State, not exceeding twenty in number, who may be received into the institution of the said corporation and there maintained and instructed: Provided, That the pupils to be admitted under the provisions of this section shall be apportioned among the several counties of the Commonwealth, as nearly as practicable according to their representation in the House of Representatives: And provided further, That no pupil shall be taught and maintained at the expense of the Commonwealth for a term exceeding five years.

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APPROVED-The seventh day of April, A. D., one thousand eight

hundred and fifty-three.

WM. BIGLER.

No. 225.

AN ACT

For the relief of Sarah Louther, widow of David Louther, a soldier of the revolutionary war.

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 State Treasurer is hereby authorized and directed to pay Sarah Louther, of Westmoreland county, widow of David Louther, a soldier of the revolutionary war, or her order, an annuity of forty dollars, in half yearly payments, to commence on the first day of January, Anno Domini one thousand eight hundred and fifty-two.

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APPROVED-The eight day of April, A. D. one thousand eight hun

dred and fifty-three.

WM. BIGLER.

No. 226.

AN ACT

To incorporate the president and managers of the Belmont Avenue and Plank Road company in Philadelphia county; and to construc. a road on the line of the old Columbia or inclined plane railroad; relative to the Bloomsburg and Columbus turnpike and plank road company; to the controllers of the public schools of the first school district; to the Northern Liberty Fire Engine com. pany; to dog tax in certain townships in Bucks county; to the real estate of Nathan Davidson, deceased; authorizing the Philadelphia, Germantown and Norristown railroad to increase their capital stock; to justices of the peace in Centre county; and to change the venue in a certain suit from Potter county to the county of Tioga; and authorizing the Canal Commissioners to open and turnpike a certain street in the borough of Columbia.

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 Owen Jones, Eli K. Price. W. D. Kelly, Algro S. Roberts, J. Smith, Commissioners. Joseph L. Skinner, J. L. Hancock, William George, James Miller, D. Anvilliers, Robert Evans, Daniel Rhoads, Samuel Martin, and John H. Gheen, be and they are hereby appointed commissioners, to open books, receive subscription, and organize a company, by the name, style Style..

Location.

Width of road.

Capital stock.

Subject to pro

tain act.

and title of "The Belmont Avenue and Plank Road company," with power to construct and locate a plank road, or a road partly of plank and partly of other materials, from a point on the Lancaster turnpike near the two mile stone to or near the intersection of the old Columbia railroad and the monument road, by the most direct route, and thence by the best and most convenient route to the falls of Schuylkill bridge.

SECTION 2. That the said company may, if they deem proper, use any road that may be traversed or crossed in the route aforesaid: Provided, That the width of their avenue or plank road shall not be more than sixty-six feet, except where embankments or excavations may make a greater width necessary.

SECTION 3. That the capital stock of the said company shall consist of three hundred shares, of fifty dollars each, and should the amount be insufficient to complete the road, the said company may from time to time, at meetings of the stockholders called for that purpose, increase the capital stock to such an amount as in their opinion shall be requi site to complete the said road according to the true intent and meaning of this act.

SECTION 4. That said company shall have all the powers and be visions and re. subject to all the provisions and restrictions of "An Act regulating strictions of cer- turnpike and plank road companies," approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the supplements thereto, so far as the same are consistent with this act: Pro vided, That the said company shall be entitled to charge and collect tolls whenever two miles of said road shall be completed.

Proviso.

Commencement

of road.

SECTION 5. That if said company shall not commence the construcand completion tion of said road within one year from the passage of this act, and complete the same within three years thereafter, this act shall become null and void, except so far as to wind up the affairs of said company, collect the debts due to and pay the debts due by the same: Provided, That in such case the road commissioners of Blockley township, or their successors, shall take charge of and keep said road in good repair, in like manner with other highways in said township.

Proviso.

Duties of road

SECTION 6. That it shall be the duty of the road commissioners of commissioners. Blockley township, Philadelphia county, to lay out, open, construct, and keep in repair a public road or highway, on or near the site of the old Columbia or old inclined plane railroad, from the river road near the foot of said inclined plane to the intersection of the Philadelphia county line road and the Ford road, or road leading from the Schuylkill below the falls to the old Lancaster road: Provided, That any ground that may be required therefor other than the site of said railroad, or other than the owners may dedicate to such public use, shall be compensated to the owners thereof on petition and assessment, as in the case of other roads by the commissioners of the county of Philadelphia.

Provise,

Vacation.

Repeal.

Duties of constables of first

SECTION 7. That so much of the old road leading from the falls of Schuylkill to the said Ford road as has been avoided by the new road leading to the falls of Schuylkill bridge to the same, be and is hereby vacated.

SECTION 8. That the fifth section of an act entitled "An Act to incorporate the Bloomsburg and Columbus turnpike and plank road company; relating to elections and election distritts in certain counties, &c" approved the third day of May, one thousand eight hundred and fifty-two, be and the same is hereby repealed.

SECTION 9. That from and after the passage of this act, it shall be the duty of the controllers of the public schools of the first school dis

trict of Pennsylvania, to report to the county commissioners annually, school district on or before the first day of May, the amount of money which they of Penna. may deem necessary to defray the expenses of the first school district of the State of Pennsylvania for the current year, and the county commissioners shall ascertain the per centum upon the amount of the county assessment which will produce the sum required by the controlers, and shall as soon as may be, prepare the necessary duplicates and place them in the hands of the collectors elected or appointed under existing laws to collect the State and county taxes, who are hereby directed to collect and pay the same to the county treasurer, in like manner as they are now required to collect and pay to the county treasurer the State and county taxes, and the said collectors are hereby clothed with the same authority for the collection of the school tax as is now vested in them for the collection of the State and county taxes. SECTION 10. That the county treasurer is hereby required to keep County treasua separate account of all moneys received from the collectors of school rers to keep taxes, and pay thereout all orders that are drawn on him by the con- separate actrollers of public schools of the first school district of Pennsylvania; he shall make monthly reports to the controllers of the State of the school accounts, of taxes received, the amount of orders paid, and the balance in his hands, and shall, when required by resolution of the board of controllers, exhibit to them or a committee thereof, his books, with the vouchers for his receipts and payments; all laws inconsistent herewith be and the same are hereby repealed.

counts.

= SECTION 11. That it shall be lawful for the Northern Liberty fire Northern Liberengine company of the district of the Northern Liberties in the county ty fire engine of Philadelphia to ring their alarm bell in case of alarm of fire, any company to law to the contrary notwithstanding: Provided, The commissioners of ring alarm bell.

the district consent to the same.

ded to certain

SECTION 12. That from and after the passage of this act, the pro- Provisions of visions of an act of Assembly entitled "An Act laying a tax on dogs certain act taxin certain townships in Chester county," and approved the eleventh day ing dogs extenof March, one thousand eight hundred and fifty, be and the same are townships. hereby extended to the townships of Falls, Middletown, Newtown, Lower Makefield, and Upper Makefield, in the county of Bucks.

SECTION 13. That the executors of the last will and testament of Real estate of Nathan Davidson, deceased, or the survivors or survivor of them, be Nathan and they are hereby authorized to sell and dispose of, either in fee Davidson. simple or for any other or lesser estate, or upon ground rent, and at public or private sale, all or any portion of the improved or unimproved real estate of the said Nathan Davidson, both improved and unimproved, together, and in such lots, parts and portions, as they may deem proper, for cash or on credit secured by a mortgage on the premises, or both, and convey the same to the purchaser or purchasers, free from the trusts contained in said will, and without any liability on the part of such purchaser or purchasers to see to or be responsible for the application of the purchase money: Frovided, nevertheless, That before Proviso. the said sale shall be completed, the same shall be approved by the orphans' court of the county of Philadelphia, and said executors, or the survivors or survivor of them, shall give such security as the said court shall direct, by bond or otherwise, for the application of purchase money, or other consideration, according to the uses, intents and purposes declared and expressed in the said last will and testament of the said Nathan Davidson: And provided further, That in case of any such sale or sales, the said purchase money shall be invested, managed and held by said executors, for the uses and purposes, and

Philadelphia
Germantown

pany to increase capital.

subject to the same trusts, as are expressed in said bill in relation to the several and respective estates so as aforesaid sold.

SECTION 14. That the board of directors of the Philadelphia, Ger mantown and Norristown railroad company, shall be and they are and Norristown hereby authorized to make an addition to the capital of the said comrailroad com- pany, and for that purpose to sell any number of shares of the additional stock hereby authorized, at a price not less than the par value thereof, and not exceeding altogether the number of twelve thousand shares, and for such portion thereof as may from time to time be sold they are authorized to issue certificates in the usual form, and the said additional stock shall be in all respects the same as the stock of the said company under existing laws.

Appropriation of proceeds.

When provisions to go into

effect.

Repeal.

Provisions of

SECTION 15. That the proceeds of the said additional stock, or so much thereof as shall be necessary for such purposes, shall be and the same are hereby appropriated for the expenses of making the double track required by the act to incorporate the said company, and for the payment of the loans, debts and liabilities of the said company now existing, or that may hereafter be incurred.

SECTION 16. That the two next preceding sections of this act.shall not go into effect until its provisions shall be approved by a majority of the stockholders present or duly represented, at a meeting called for such purpose, after thirty days public notice in two newspapers published in the city of Philadelphia.

SECTION 17. That so much of any act or acts. of Assembly as are hereby altered, supplied, or are inconsistent herewith, shall be and the same are hereby repealed.

SECTION 18. That from and after the first day of April next, the certain act ex- provisions of an act entitled "An Act relative to the duties of justices of the peace for the counties of Washington and Montgomery, are hereby extended to the county of Centre.

tended.

Change of venue

from Potter to

SECTION 19. That a certain case now pending in the court of common pleas of Potter county, number eleven of March term, eighteen Tioga county. hundred and fifty, in which E. W. Bishop is plaintiff and N. L. Dike is defendant, be and the same is hereby removed to the court of common pleas of Tioga county, as well for the trial by the court of all rules now pending in said cause, as for the trial of all issues formed or to be formed in said case by a jury or juries of Tioga county, afore said, together with the record of said cause, and all papers relating thereto, and that the said court is hereby authorized to proceed to trial, verdict, and judgment and execution, as the said court of Potter county in which the same is pending could or might do: Provided, That final judgment on said issue or issues shall be subject to writ or writs of error, as in other cases, and in case of a removal of the same to the supreme court, and a venire facias de novo awarded, the same shall be transferred for trial in Tioga county, in the same manner as herein before provided.

Canal commis

SECTION 20. That the Canal Commissioners be and hereby are resioners to turn- quired to open and turnpike a street in the borough of Columbia, on pike a certain the site of a fourteen feet wide alley now running north from Walnut street in Columbia. street, between Front and Second streets in said borough, said street to be of the same width of Walnut street, aforesaid, and to extend northwardly until it enters the Columbia and Marietta turnpike, in the borough aforesaid: Provided, That the said commissioners can obtain sufficient for the site of said street from Samuel B. Heise, who owns the adjoining lands, without cost or charge for damages, and also the

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