eight hundred and fifty, by the trustees of Marshall college to William M'Kinstry, Thomas Creigh, and the other persons therein named, shall be deemed and taken a sufficient compliance with the requirements of said section as to the conveyance of said real estate, and a conveyance or offer to convey, as therein provided by the literary societies aforesaid, shall not be deemed necessary, and is hereby dispensed with.

SECTION 2. That nothing in the act to which this is a supplement Continuance of contained, or that has or may be done in pursuance thereof, shall pre- college. vent the trustees and faculty of Marshall college from continuing the same in operation till the annual commencement of one thousand eight hundred and fifty-three, and conferring degrees at said annual com

mencement.

SECTION 3. That the trustees for the time of any trust created by Real estate of the last will and testament of John Sergeant, late of the city of Phi- John Sergeant. ladelphia, deceased, be, and they are hereby authorized and empowered to assent to any partition of the real and personal estates of the said testator, or either of the said estates, which the said trustees may respectively judge proper and right, and on such partition they may take and hold undivided interests in any part of the said real estate, and may take and hold so long as they shall judge proper, any of the present investments of the said personal estate.

W. P. SCHELL,

APPROVED-the twelfth day of February, A. D, one thousand eight

hundred and fifty-three.

WM. BIGLER.

No. 62.

AN ACT

To incorporate the Kensington and Frankford plank road company.

SECTION 1. Be it enacted by the Senate and House of Represenatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Levi Foulkrod, Joseph Deal, Wm. J. Crans, Isaac W. Norris, John Commissioners. W. Kester, Michael Bouvier, Mahlon Gillingham, Jeremiah Vanbrunt, Emanuel Peters, William Heiss, Daniel M. Fox, Richardson L. Wright, Thomas Goodwin, John Kessler, James Flanegan, Wm. H. Witte, Charles H. Garden, R. W. Evans, R. D. Fell, Thomas Wriggins, John MeEntyre, Edward Waln, William Cooper, Minor Rodgers, Joseph D. Thornton, John Chipman, James Martin, Hugh Clark, John Deal, Walter Knight, A. K. Calhoun, John M'Mullen, and Peter Rambo, any six of them, be, and they are hereby appointed commissioners to open books and receive subscriptions, and organize a company by the ! me and style of "the Kensington and Frankford plank road com- Style.

pany," with power to construct a plank road of two ways of eight feet each, commencing at the northern boundary line of the district of Kensington, in Philadelphia county, thence north-easterly along the line of the said Frankford avenue to Nicetown lane, the southern boundary of Frankford borough, the capital stock of which said company shall consist of one thousand shares of twenty dollars each: Provided, That the county of Philadelphia shall not be liable for any damages on account of the opening of said avenue for the use of the plank road company: And provided further, That whenever hereafter any incorporated district through which this road may pass, shall deem it necessary to curb and pave the said Frankford or Aramingo avenue, the commissioners of such district shall have full power and authority to remove the planks from said road as far as it may be necessary to enable them to curb and pave said avenue, but no further.

SECTION 2. That after said plank road or any part of it exceeding one mile in length, shall have been finished, on the application of said company or any one of the stockholders thereof, or any person owning property along the line thereof, the court of common pleas shall appoint commissioners, whose duty it shall be to ascertain and report to the said court the actual cost of said road, including culverts and grading, and all proper expenditures incurred by said company, with interest to the time of making such report, and the residue also, the names of all the owners of property along the line thereof, together with a plot or plan showing the extent of the front of each property on the said avenue; said commissioners shall give such public notice of his appointment and the report filed by him as the said court shall direct, the expenses of all of which shall be paid by said company.

SECTION 3. That any person interested either in the stock of the said company or in any property along the line of the said avenue may file exceptions to said report within thirty days after it is made, whereupon the said court shall make such order as may be necessary in order that the cost of said plank road and the names of all the owners of property shall correctly appear upon record.

SECTION 4. That whenever at any time within four months after said report shall have been finally confirmed for want of exceptions filed as aforesaid, or after final order made by said court on said exceptions, a majority of the owners of property ascertained as aforesaid shall file with the prothonotary of said court their written agreement that the expense of the said plank road shall be assessed against and be a charge upon the property along the line thereof, the said court shall make an order or decree declaring the said plank road to be a public and free highway, whereupon all right of said company to charge toll thereon or therefor shall forever cease, and the said company shall thereupon have a right to collect from the owners of property along the line of said road the cost of the construction of said plank road, as ascertained as aforesaid with interest in proportion to the extent of their respective fronts on the said road: Provided, That said assessments or any part thereof may be paid either by surrendering to the company their own stock to be cancelled, which stock shall be received in full to an amount equal to the amount subscribed thereon, or by assigning or releasing to said company any debt or liability due by them.

SECTION 5. That if any owner or owners of property along the line of road so declared a public highway, shall fail to pay the amount payable by him or them within three months after such order or decree shall have been made as aforesaid, the said company within three months thereafter may file in the office of the prothonotary of the court, in said

county, having jurisdiction of claims of like amount, a claim or claims
against each and every property as divided by the report of the com-
missioners, setting forth the name of the owner as ascertained by such
commissioners, the extent of the front and the amount of the claim,
which said claim or claims shall be a lien on the lot or tract of ground
fronting on the road as aforesaid, the extent and description whereof
may afterward be ascertained on the application of any party interested,
in the same manner as by the fifth and following sections of the act of
Assembly entitled "An Act relating to the lien of mechanics and
others upon buildings," it is provided that the extent and description
of lots, subject to mechanics' liens, may in certain cases be ascertained
on what said liens, writs of scire facias may issue, and other proceed-
ings had for the enforcement thereof, with interest and costs of suit,
similar to the proceedings by which mechanics' liens are now enforced
in the county of Philadelphia, aforesaid: Provided, That in every case Proviso.
of a lien filed as aforesaid, the said company shall have a right to col-
lect the further sum of five per cent. on the amount of such claims.

SECTION 6. That after the next meeting of officers and at each sub- Officers, how
sequent election, after the said road shall have been declared a free chosen.
public road as aforesaid, the president and other officers of the com-
pany and two managers of the same shall be chosen by the property
swers, each person interested in any property on which the assessment
aforesaid shall have been previously paid, being entitled to one vote,
and the expense of keeping up said road shall devolve on the municipal
authorities of the districts, townships and boroughs respectively, that
is to say, the said company shall cause all necessary repairs to be done,
and shall have a right at the end of each year to recover from each of
the said municipal bodies, the proportion of the expense of keeping in
good order and repair the part of the road within their jurisdictions re-
spectively: Provided always, That if the company shall at any time Proviso.
beglect to keep said road or any part thereof in good repair, it shall be
lawful for and the duty of said municipal bodies respectively to do so:
Provided, That if said road is not made a free road under the provi- Proviso.
Hous of this act within a year after it shall have been constructed, the
pounty of Philadelphia shall at all times have the right to make it free
by refunding or paying to such company the amount of the cost of said

road and the repair thereof with legal interest.

SECTION 7. That said company shall select a competent engineer or Engineer to be rveyor to fix the grades of said road, which grades shall be submitted selected. to the court of quarter sessions of the county for confirmation and pproval, which such grades shall be permanently fixed, subject, nevertheless, to the restrictions of the act, et cetera, passed January twentyx, one thousand eight hundred and forty-nine.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,
Speaker of the Senate.

APPROVED-The fifteenth day of February, A. D., one thousand

ght hundred and fifty-three.

WM. BIGLER.

Corporation.

Style.

Privileges.

Trustees.

Officers.

Treasurer.

Seal.

Proviso.

No. 63.

AN ACT

To incorporate the Mount Zion church, at Churchtown, in Cumberland 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, Tha the members of the Lutheran and German Reformed church, formerly called Christ's church, and now known by the name of Mount Zion, at Churchtown, in the county of Cumberland, be, and the same are hereby created and erected into one body politic and corporate,in deed and in law, by the name, style and title of the Mount Zion church, at Church. town, in Cumberland county, and by the same name shall have perpetual succession, and be able to sue and be sued, implead and be impleaded, and shall be able and capable to take and hold lands and tenements, goods and chattels, real, personal, and mixed, which are now or may hereafter become the property of said congregation or body cor porate, by gift, grant, devise, bequest, or otherwise, and the same to convey, lay out, apply, or dispose of in such manner as the trustees of the said congregation shall direct and appoint, and according to the true intent of the donors, grantors, and divisors, and the yearly value or income of the real, personal, or mixed estate of said congregation shall not exceed in value at any time the sum of five thousand dollars, exclusive of annual contributions.

SECTION 2. That Michael G. Beltshoover, Joseph Brandt, and Jacob Moviet, members of the Lutheran, and Enoch Young, Peter Stumbaugh, and Henry Enck, members of the German Reformed side of said church, be trustees to continue in office for one year, and until others be chosen in such manner, time, and place as shall be determined by a majority of the members of said church.

SECTION 3. That the trustees shall choose by ballot from among their members a president, also, from the members of said church a secretary; and in case of the removal of the president or any of the trustees, or of any other officers of the board of trustees, by death, resignation, neglections to attend the meetings of said board twice in succession, without good cause or otherwise, the vacancy or vacancies shall be supplied by said board until the next annual election.

SECTION 4. That the members of said church shall choose by ballot at each annual election for trustees from among their number, a treasurer, who is a member of said church, and who shall, if required by the trustees, give security for the faithful performance of the trust reposed in him, and to account to the said trustees for all sums of money received by him.

SECTION 5. That the trustees and their successors shall have power to make and to use one common seal, and the same to alter and revise at pleasure, to enact and enforce such laws and ordinances as may be necessary and proper for the regulation and transaction of the business of the corporation, to change the time for holding the annual meeting for electing trustees from time to time as they may find convenient, or if the congregation neglect to elect on the day of the annual meeting appoint any subsequent time on which said election shall be held: Pro

vided, That notice thereof shall be given from the pulpit, or in such
other manner as a majority of the trustees may direct, at least two weeks
before said election: And provided, also, That said by-laws and ordi- Proviso.
nances shall not be inconsistent with the Constitution or laws of this
State or of the United States.

APPROVED-The fifteenth day of February, A. D., one thousand eight hundred and fifty-three.

WM. BIGLER.

No. 64.

A FURTHER SUPPLEMENT

To the act of Assembly relative to the Waynesboro', Greencastle and Mercersburg turnpike road company; regulating certain election districts; and fegitimating Mary Catharine Willock, of Allegheny county.

SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the presi

dent and managers of the Waynesboro', Greencastle, and Mercersburg Company to turnpike road company, in the counties of Fulton, Franklin, and keep road in reAdams, be, and they are hereby authorized to make, keep in order, and pair. repair their road, of stone, gravel, or other hard material, of the width

of sixteen feet instead of twenty feet, as required by their act of incor

poration.

SECTION 2. That after the passage of this act the qualified voters of Sandy Creek Sandy Creek township, Mercer county, shall hold their general and P., Mercer co. township elections at the North school house, in the borough of Sheak

leyville, in said county.

SECTION 3. That hereafter the township and general elections shall Dublin tp.,Hunbe held in Pleasant Hill school house, near Joseph Nelson's, in Dublin tingdon co. township, Huntingdon county.

SECTION 4. That Mary Catharine Willock, daughter of John Wil- Mary Catherine lock, of the city of Pittsburg, shall have and enjoy all the rights and Willock legiti privileges of a child born in lawful wedlock, and shall be capable in mated. law to inherit and transmit any estate whatsoever, as fully and effecttally as if she had been born in lawful wedlock.

W. P. SCHELL,

APPROVED-The fifteenth day of February, A. D., one thousand

eight hundred and fifty-three.

6

WM. BIGLER.