Accounts of tolls. Dividends. twenty dollars, to be recovered with costs in any court having jurisdietion thereof. SECTION 9. The said president and directors shall keep just and true accounts of all tolls received by their respective collectors of tells for crossing said bridge, and shall make and declare a dividend of the profits and income thereof among all the stockholders of said companiei, in proportion to the shares respectively held by cach, and deducting therefrom all contingent costs and charges, and such proportions of said income as may by them be deemed necessary for a growing fund for repairing or rebuilding said bridge, and shall on the first Monday Dividends to be of January in each year, publish the dividends to be made of the clear published. Proviso. profits thereof among the stockholders, and of the time and place when and where the same shall be paid, and shall cause the same to be paid accordingly: Provided, That no dividends of profits shall be declared until all expenses of building and constructing said bridge shall be fully paid. W. P. SCHELL, APPROVED-The eighteenth day of April, one thousand eight hundred and fifty-three. WM. BIGLER. No. 323. AN ACT To incorporate the Marticville Turnpike Road company; authorizing the Sun bury Canal company to hold certain land; relative to the Erie Cemetery; to hawking and peddling in Jefferson county; for the relief of Charles Witmen. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in neral Assembly met, and it is hereby enacted by the authority of the same, That Commissioners. Maris Hoopes, Daniel Good, John J. Porter, John M'Cartney, Andre Style. Mehaffy, John Good, (miller.) Henry Eshleman, George W. Steel, David Bair, and David G. Eshleman, are hereby appointed commis sioners, to open books, receive subscriptions, and organize a company, by the name, style and title of "The Marticville Turnpike Road company," with power to construct a turnpike road from the most conve nient point on the Willow Street turnpike road, between the Lamb Subject to pro- tavern and Willow Street, to Martic forge, subject to all the provisions visions and re- and restrictions of the act regulating turnpike and plank road comstrictions of cer- panies, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the supplements thereto. tain act. Capital stock. SECTION 2. That the capital stock of said company shall consist of eight hundred shares, at twenty-five dollars per share: Provided, That said company may from time to time, by a vote of the stockholders, st a meeting called for that purpose, increase their capital stock so much as may be necessary in their opinion to carry out the true intent and meaning of this act. SECTION 3. That the said company are hereby authorized to construct May construct their turnpike road upon the Martic Forge road, from its commencement road on Martic at the Willow Street turnpike road, or upon such parts thereof as they Forge road. may deem expedient, and they are also authorized to change the location of said Martic Forge road, or the parts thereof, whenever they may deem it expedient to construct their turnpike road, to such distance as will be required to keep the turnpike road within the rise and fall required by the aforesaid act of Assembly, and the said company shall pay the damages sustained by the land holders by reason of such change of location, said damages to be fixed and determined as provided for in Damages. the aforesaid act of Assembly in respect to damages occasioned by reason of the construction of turnpike roads. SECTION 4. That whenever the said company shall have finished the Tolis. said turnpike road, or any four miles thereof, the same proceedings may be had to enable the company to erect and fix gates upon and across the same, and collect tolls, as is provided in the aforesaid act of Assembly, in relation to any five miles of a turnpike road finished. SECTION 5. That the said company shall commence said turnpike Commencement road within four years, and finish it within ten years, and failing so to and completion do the provisions of this act shall be null and void. of road. docks, &c. SECTION 6. That the Sunbury Canal company shall have power or Sunbury canal authority to hold and purchase in fee simple, such land and real estate company may adjoining or near their said canal as they shall see proper, not exceed- hold lands for ing two hundred acres, and shall have authority to make such docks, wharves, depots and landings therein, for the accommodation of the coal, lumber and other trade, as shall in the discretion of said company be deemed expedient, and should said company have or hold any surplus of real estate above authorized to be purchased and held, and which shall not be necessary for the purposes of docks, wharves, depots, landings, and other purposes of this act, they shall be and are hereby authorized and required to sell and dispose of the said surplus, at pri- May sell surplus vate or public sale, in parcels or together, as they shall judge most lands. expedient, within five years after the passage of this act. SECTION 7. That said company shall have authority to increase their May increase capital stock from time to time, to such amount as they shall deem capital stock. expedient and necessary for the purposes of this act. board of managers, how filled. SECTION 8. That in case of the death, removal, or resignation, of Erie cemetery, any of the managers of the Erie Cemetery, the remaining managers, or vacancies in a majority of them, may appoint from the body of the corporators a suitable person to fill such vacancy, and the person or persons so appointed shall serve as manager or managers until the next annual election. SECTION 9. That hereafter no person or persons who are not residents Jefferson county of the county of Jefferson, shall sell or expose to sale within the limits hawkers and of said county, as a hawker or pedler, or traveling merchant, any to take out pedlers required ready-made household furniture, ready made clothing, tin, japan, license. copper, sheet iron, and hollow-ware, without first obtaining a license so to do, and paying therefor to the treasurer of said county, for the use of the Commonwealth, a sum not less than twenty dollars nor more than fifty dollars, said amount to be determined by the treasurer, which license the treasurer of said county is hereby authorized and required to grant, upon the payment of such sum. WHEREAS, The Commonwealth of Pennsylvania, on the seventh day Preamble. of February, one thousand eight hundred and six, granted William Preamble. State treasurer Witman, late of Berks county, a patent for a tract of donation land, numbered three hundred and ninety-three, called "Superior," containing two hundred acres, situated in Butler county, Pennsylvania, which was surveyed to Richard Ennis, late a private in the Revelationary war, by virtue of an act of Assembly, dated February twentyfourth, seventeen hundred and eighty-five, for services rendered, the title to which said tract of land by sundry conveyances became vested in the aforesaid William Witman, who by deed, dated twentieth day of October, one thousand eight hundred and twenty, conveyed the same to Charles Witman, of the county of Schuylkill: And whereas, The Commonwealth of Pennsylvania, through her regularly appointed commissioners, sold the same tract of land to Jacob Meckling, as the property of the late John Nicholson, at and for the sum of seventy-two cents per acre, the principal amounting in the whole to the sum of one hundred and forty-four dollars; therefore, SECTION 10. That the State treasurer be and he is hereby authorized to pay Charles and required to pay Charles Witman, of Schuylkill county, the sum of one hundred and forty-four dollars, as a full compensation for and in lieu of the aforesaid tract of donation land. Witman $144. APPROVED-The eighteenth day of April, A. D. one thousand eight hundred and fifty-three. WM. BIGLER. No. 324. AN ACT To appropriate the parade ground adjoining the Philadelphia county prison sis public square; extending the time for commencing and completing the North Lebanon Railroad; to the Jarrettown and Horsham Township Road company; and authorizing the sale of certain real estate in Harris township, Centre 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 Parade ground, the square in the rear of the Philadelphia county prison known as the Moyamensing. "Parade Ground," be and the same is hereby declared to be open as a public square, and it shall be the duty of the county commissioners of said county to open streets around said square, fifty feet wide, according to the plan of said streets as laid down on the survey of the district of Moyamensing, and have the same graded, curbed and paved, the said district of Moyamensing to be at one-half the expense of grading, curbing and paving, and the owners of property fronting on said streets the other half, and in order that said parade ground shall be made to square with the streets as now laid down on the survey of Moyamensing, the said county commissioners are hereby authorized to exchange, sell, or buy certain portions of ground adjoining the parade ground, so as to place the public square within the boundaries of Eleventh and Thirteenth streets east and west, and Wharton and Reed streets north and south, and in case the property to be sold or exchanged be not sufficient to pay for that which it is necessary to purchase to accomplish the aforementioned object, the commissioners of Moyamensing are authorized to settle for the same, and it shall be the duty of the said commissioners of the district of Moyamensing to put the said square in proper condition, so that it may forever hereafter be available for the citizens as a public square, and a parade ground for the military of the city and county of Philadelphia, and the commissioners of the Commissioners district of Moyamensing shall have the sole management and control of of district to said square, and keep the same forever hereafter in proper condition keep in repair. and repair. SECTION 2. That all laws inconsistent with the foregoing, be and the Repeal. same are hereby repealed: Provided, That nothing herein contained Proviso. shall authorize the commissioners of the district of Moyamensing to plant trees, or so lay out the ground as in any manner to interfere with the use of the same for a public parade ground for the military of the city and county of Philadelphia, as directed by the thirty-ninth section of the act of sixteenth of April, one thousand eight hundred and thirtyeight, without the consent in writing being first had and obtained, of the general officers therein named for the time being. SECTION 3. That the time limited for commencing the construction Commencement of the railroad authorized to be constructed by the North Lebanon and completion Railroad company, incorporated by an act of the General Assembly, extended. approved on the second day of April, eighteen hundred and fifty, be and the same is hereby extended for the term of two years, and the time limited for completing said railroad, be and the same is hereby extended for the term of four years. SECTION 4. That the managers of the Jarrettown and Horsham Jarrettown and Turnpike Road company, be and they are hereby authorized to borrow, Horsham turnon the faith of the company, fifteen hundred dollars. pike company. sold. SECTION 5. That Benjamin Everhart, of Harris township, Centre Property of county, or in case of his retusal or inability to act, any person appointed William Barr, by the orphans' court of the county aforesaid, be and he is hereby deceased, auauthorized and empowered to sell at public sale and convey by deed or thorized to be decds in fee simple to the purchaser or purchasers, all the certain two tracts of land late the property of William Barr, deceased, situate in Harris township, Centre county, adjoining lands of George Boal, John Sparr, John Hasser, Robert Gohean, and others, containing one hundred and thirty acres or thereabouts, with the appurtenances, and divide the proceeds of said sale equally among the heirs and guardians divided amonget of the minor children of said decedent, according to the true intent and heirs. meaning of the last will and testament of said deceased: Provided, Proviso. That before any conveyance shall be made of the estate above mentioned in pursuance of any sale made by virtue of this act, the said sale shall be approved by the orphans' court of Centre county; and the 35 Proceeds to be said Benjamin Everhart shall further give security, to the satisfaction of said court, for the faithful application of the proceeds of said sale. APPROVED The eighteenth day of April, one thousand eigh hundred and fifty-three. WM. BIGLER No. 325. AN ACT Relating to the Sunbury and Erie Railroad company. 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. Thi for the purpose of constructing and equipping the Sunbury and Ene Railroad, the said Sunbury and Erie Railroad company is authorized to borrow money and to issue their bonds, (in sums of not less than one thousand dollars each,) at such rates of interest and on such terms 13. may be determined by the board of managers, and to secure the pay- ment of said bonds by executing and delivering to such trustee of trustees as they may select, a mortgage or mortgages of all or any part of their estate, real and personal, rights, liberties and franchises; and further, if they think proper, to make the said bonds convertible into stock at par,which stock they are hereby authorized to issue when required. SECTION 2. That the Sunbury and Erie Railroad company are here by authorized to increase their capital stock two millions of dollars in addition to the amount now authorized by law. W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, Speaker of the Senate. APPROVED-The eighteenth day of April, one thousand eight bu dred and fifty-three. WM. BIGLER. |