SECTION 4. That the township elections in Mount Joy township, Mount Joy Lancaster county, shall be held at Daniel Lehman's school house in township, Lansaid township. caster county. SECTION 5. That the township elections in West Donegal, Lancaster West Donegal county, shall be held at the house of Catherine Youtz, in said township, Lantownship. caster county. SECTION 6. That the time or period provided by the act of incorpo- Time for the ration for commencing the construction of the Meadville and Franklin completion of plank road, be, and the same is hereby extended to the first day of June, one thousand eight hundred and fifty-three. the Meadville and Franklin plank road ex SECTION 7. That from and after the passage of this act, the qualified tended. voters of the township of Jackson, in the county of Tioga, shall hold Jackson towatheir township and general elections at the house of James Miller, in ship Tioga said township. JOHN S. RHEY, APPROVED-The twenty-fourth day of March, A. D., one thousand eight hundred and fifty-two. county. WM. BIGLER. No. 134. AN ACT Incorporating the Osceola Plank Road Company; relating to a board of assessors; to changing the name of Middletown; relative to Larrie's creek and Lawrenceville State road; and relative to the Wellsboro' and Tioga plank road, in the county of Tioga; and relative to the borough of Greenfield, Washington county; to the Perry County Fire Insurance Company; to the Board of Health of the Port of Philadelphia; to the destruction of fish in Certain streams in Washington county. 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 Henry Sherwood, James Lowry, Edward Maynard, John H. Graves, Commissioners. H. H. Potter, George W. Harrington, James Bryant, Chandler Chamberlain, Enos Slosson, Benson Tubbs, Morgan Seely, or any three of them, be and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title of "The Osceola Plank Road Company," with power to construct a Style. plank road from the Wellsboro' and Tioga plank road, near H. H. Potter's tavern, in Middlebury township, in the county of Tioga, to Osceola, and connect with or intersect the Cawancsque plank road to be located on any part or parts of the common road between the two points aforesaid, if deemed expedient by the directors. Location. Capital stock. Commencement of the road. SECTION 2. That the capital stock of said company shall consist of five hundred shares, at twenty-five dollars per share: Provided, Said company may from time to time, at a meeting of the stockholders called for that purpose, increase the capital stock to such an amount as in their opinion may be required to complete the same according to the true intent and meaning of this act. SECTION 3. That if the said company shall not commence the conand completion struction of said road within three years from the passage of this act, and complete the same within seven years thereafter, this act shall be null and void, except so far as it may be necessary to wind up the affairs of said company and to pay the debts of the same. Sabject to provisions of cer Lain act. Proviso. Electors in Tioga county authorized to elect three as sessors. SECTION 4. That the said plank road company shall be subject to all the provisions (so far as they are not inconsistent with the foregoing sections of this act) of the act entitled "An Act regulating turnpike and plank road companies," approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the several supplements thereto: Provided also, That the said company hereby incorporated, shall have power to regulate their tolls within the limits prescribed by the thirteenth section of said act, without reference to the width of the wheels in any case. SECTION 5. That it shall be lawful for the qualified electors of the county of Tioga, at their general elections in October, Anno Domini one thousand eight hundred and fifty-two, to elect three persons to be assessors of said county, who shall be qualified electors thereof; who shall hold their offices as follows: The person receiving the highest Term of office. number of votes shall hold his office for three years, the person receiving the second highest number of votes shall hold his office for two years, and the person receiving the third highest number of votes shall hold his office for one year; and annually thereafter, one county assessor shall be elected at the time aforesaid, to hold his office for three years. Office of as sessors abolished. Powers and du SECTION 6. That the office of township assessor and assistant assessors are hereby abolished in and for the county of Tioga. SECTION 7. That said county assessors shall have and enjoy all the ties of county rights, duties, and powers of township assessors for the assessment and equalization of taxes in said county, and subject to the same penalties as are now imposed upon assessors of this Commonwealth. assessors. Compensation. Proviso. Middletown tp., SECTION 8. That the said county assessors shall be entitled to receive out of the treasury of said county the sum of two dollars per day each, for all time necessarily spent in the performance of the duties imposed by the fifth, sixth, and seventh sections of this act: Provided, That before any orders shall be drawn by the commissioners of said county for the payment of said assessors, the account for the same shall be made out in writing, showing the time so necessarily occupied by such assessor or assessors in performing said duties, verified by oath or affirmation of the party performing the same. SECTION 9. That from and after the passage of this act, the townTioga co., name ship of Middletown, in the county of Tioga, shall be called and known changed. by the name of Clymer. State road in SECTION 10. That so much of the State road, laid out from the Lycoming and mouth of Larrie's creek, Lycoming county, to Lawrenceville, in Tioga Tioga counties width declared. County, as was located within said county of Tioga, is hereby declared to be of the width of fifty feet, and the supervisors of the several townships through which said road passes, are hereby authorized and required to open the same accordingly. SECTION 11. That the directors of the Wellsboro' and Tioga plank Directors of road company are hereby authorized to fix the width of their road at fifty feet, subject to the several provisions of their charter. Wellsboro' and Tioga plank road to fix the SECTION 12. That the boundary lines of the borough of Greenfield, width. in the county of Washington, shall hereafter be as follows: Begin- Boundaries of ning at the south east end of Sugar alley; thence by bearing of said the borough of alley south fifty-five degrees east twenty-two and one-half rods to the Greenfield, Washington middle of the channel of Pike run; thence by the meanderings of county. said stream to the Monongahela river; thence by the said river until it intersects the present boundary line of said borough, running through and including the property of Ellis Lilly, Henry Dowler, Henry Hornback, Lewis Smith, and John P. Smith. SECTION 13. That in all suits now pending or which shall hereafter Members of the be brought by any person or persons, or corporate body, to recover Perry county damages for loss by fire, on any policy or policies issued by the Perry mutual insu Iance made county mutual fire insurance company, no member of said Perry county mutual insurance company, not being in his individual capacity a party nesses in suits competent witto the suit or suits, shall be incompetent as a witness on account of his brought against being a member of the said company; and in all actions whatsoever, said company. in which said company is a party, its members shall be competent witnesses for the said company unless individually parties to the suit. SECTION 14. That when, in the opinion of the board of health, the Additional interests of the port of Philadelphia may require it, and it can be nowers granted done without prejudice to the health of the citizens, they may suspend to the board of the operation of section fifth of the act of eighteen hundred and eigh- delphia. teen, under such rules and regulations as the board of health may make on the subject. SECTION 15. That so much of an act entitled "An Act to prevent Repeal. the destruction of fish in the counties of Washington and Fayette," approved the eleventh day of March, A. D., one thousand eight hundred and fifty-one, as relates to Washington county, be, and the same is hereby repealed. APPROVED-The twenty-fifth day of March, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. Michael C. ized to make payment of amount due Samuel Stokely. No. 135. AN ACT To enable Michael C. Trout, to receive a deed and make conveyances as a trus tee for the legal representatives of William Robb and Andrew Robb; to authorize the executor of Patty Plumer to sell land, and the administrators of Andrew Smith to make deeds; extending the charter of the Washington county mutual insurance company; and authorizing the German Lutheran congregation of York to sell real estate; and relative to dams in the Clarion river. 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 Michael C. Trout, of Mercer county, Pennsylvania, be hereby authorTrout authorized to pay to Samuel Stokely, the amount due him on articles of bargain and sale with William and Andrew Robb, for one hundred and sixty acres of land in the narrow vacancy in Mercer county, adjoining land of John Rankin and the donation line, et cetera, being land warranted in the name of Michael Kitts, and to receive a deed from the said Samuel Stokely for said land, which said deed said Michael C. Trout is to hold in trust for the legal representatives of the said Andrew and William Robb, with authority to the said Michael C. Trout, to make deed or deeds to the legal representatives of the said Andrew and William, or either of them, on being paid the purchase money that may be due on any agreement or agreements made by them or either of them, for the sale of all or any part of said land, with power and authority hereby vested in the said Michael C. Trout, to bring one or more actions of covenant or ejectment to enforce the payment of any purchase money to the said Andrew or William Robb, or either of them, or any agreement made by either the said Andrew or William, for all or any part of the land aforesaid: Provided, nevertheless, That the money so as aforesaid to be received by the said Michael C. Trout, shall be first applied to re-pay him for any advances made or to be made to the said Samuel Stokely, and for his reasonable expenses in attending to this trust, and secondly to pay over so much of the balance to the overseers of the poor of Hickory township aforesaid, as is due them for the keeping of the said William Robb, and the balance, if any, in the manner directed by said William Robb in his article of agreement with the said overseers. Proviso. Executor of make sale of certain real estate. SECTION 2. That Arnold Plumer, executor of the last will and tesPatty Plumer to tament of Patty Plumer, late of Venango county, deceased, is hereby authorized to sell at public or private sale, at such price and on such terms as he may deem expedient and best for the interest of all concerned, all the real estate of the said Patty Plumer, deceased, lying in Venango county, in lots, tracts, or sub-divisions, as to the said executor may seem best, and make titles therefor to the purchasers for such interest as the said Patty Plumer had therein at the time of her death; but before any such sale or sales shall be made, the said executor shall file in the office of the clerk of the Orphans' Court of Venango county, a bond with sufficient securities to be approved of by said Orphans' Court, conditional for the faithful appropriation of the proceeds of such sale or sales, and the distribution thereof among all the persons entitled under the will of said Patty Plumer: And provided, also, That the said Orphans' Court shall approve of such sale or sales. Smith to convey SECTION 3. That the administrators of Andrew Smith, late of the Administrators borough of Meadville, deceased, be, and they are hereby authorized of Andrew to grant and convey unto Erastus Sloan, and to his heirs and assigns, certain real esin fee simple, the two-thirds of one hundred acres of land in Cusse- tate. wago township, Crawford county, contracted to be conveyed to said Erastus by said intestate by a contract made between them in writing, dated the third day of February, one thousand eight hundred and fortyeight: Provided, That the Orphans' Court of said county shall adjudge that the said contract in its terms legally required and contemplated such conveyance by said intestate. Proviso. insurance com SECTION 4. That the charter of the Washington county mutual insu- Charter of rance company be, and the same is hereby extended and continued for the Washington term of fifteen years from the expiration of its present charter, with county mutual the same privileges, and subject to all the restrictions and provisions pany extended. which are contained in the act of incorporation of the said mutual insurance company, approved the first day of April, one thousand eight hundred and thirty-seven. SECTION 5. That the minister, elders, and church wardens of the Officers of the German Lutheran congregation, in and near the borough of York, in Lutheran conthe county of York, in the State of Pennsylvania be, and they are gregation near the borough of hereby authorized to sell at public or private sale in parcels or entire, York to sell real and to convey in fee simple to the purchaser or purchasers on pay- estate. ment of the purchase money, all that the following described lot of ground situate on the east side of North George street, in the borough of York aforesaid, marked on the general plan of said borough by the number fifty-one, bounded west by North George street aforesaid, north by lot number fifty, east by a public alley, and south by lot number fifty-two; and the said purchaser or purchasers shall hold the property purchased clear of the trust to which the same is now subject, and shall not be bound to see the application of the proceeds of sale: Provided, That the said proceeds of sale shall be held by the said corporation, subject to the said trusts as fully as the said premises are now subject to the same. SECTION 6. That the law in relation to the erection of mill-dams Mill dams on already constructed, or which may be hereafter constructed upon the Clarion river. Clarion river, shall be construed to mean descending navigation, so far as regards the dams on said river. SECTION 7. That whenever it shall be alleged that any dam on said Damages. river is not erected according to the requirements of law, and that damages have been sustained in consequence thereof, it shall be lawful for any person aggrieved to notify the owner, agent, or person in possession of such premises, that he will proceed to ascertain the damages according to the following provisions, viz.: The person claiming damages skall select one persou, and the owner or agent of the dam shall choose one; and if the parties cannot agree on a third person, then the two selected by the parties shall select such person; after being duly sworn or affirmed, the person so selected shall proceed to enquire into, and ascertain the nature and amount of damages sustained, and file their award of the same, under their hands and seals, in the office of the prothonotary of the proper county, which shall be entered upon the judgment docket, and when so entered shall have the full effect and force of a judgment, and such judgment shall have priority of lien on such premises over any other judgment obtained after the passage of this act; in case the party, his agent or attorney, shall neglect or refuse to perform the part prescribed in relation to the selection of ref |