OF THE SESSION OF 1852. court: And provided, also, That such sale or sales be reported to, and approved and confirmed by said court. JOHN S. RHEY, Speaker of the House of Representatives. JOHN. H. WALKER, Speaker of the Senate. APPROVED The tenth day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 212. AN ACT To incorporate the Odd Fellows' Hall Association of Selinsgrove, in the county of Union; and to vacate part of a street in the borough of Lewisburg. 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 George Hill, Edward Bassler, Aaron Bergstresser, and others, members Corporators. of Selinsgrove Lodge, number one hundred and ninety-seven, Independent Order of Odd Fellows, at Selinsgrove, in the county of Union, and their successors, and all persons who hereafter may be associated with them, be, and they are hereby created and erected into a body politic and corporate, in deed and in law, by the name, style, and title of "The Style. Odd Fellows' Hall Association of Selinsgrove, in the county of Union," and by that name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded, in any court of law or equity, or Privileges. elsewhere, and shall be able and capable in law and in equity to take and to hold to them, and their successors, either by grant, gift, devise, or lease, any lands or real estate, for the purpose of erecting thereon a suitable building or buildings for the use of said association, any goods and chattels, sum or sums of money, by gift, grant, bargain, sale, will, devise, or bequest, from any person or persons whatsoever, capable of making the same, and the same at their pleasure to grant, bargain and sell, lease and mortgage, for the use or benefit of the said association, and generally to do all and singular the matters and things which shall be lawful for them to do for the well-being and due management of the affairs of the said association: Provided, That the real estate of which the said corporation shall be at any time possessed of, shall not exceed the clear yearly value of three thousand dollars. Proviso. SECTION 2. That the object of the said association shall be to provide, Object. erect, and furnish a hall, or suitable building or buildings in the town of Selinsgrove, and county of Union, for the accommodation of said. association or societies and for such other purposes as they shall deem proper. SECTION 3. That it shall and may be lawful for said incorporation to Seal. have a common seal, and the same at their pleasure to change, alter, Government of and renew, as they shall deem proper, and shall have and exercise all the rights and privileges and immunities necessary for the purposes of the incorporation hereby constituted and as herein expressed. SECTION 4. That the government of the Odd Fellows' hail association institution vest- of Selinsgrove, and the management and disposition of its affairs and ed in trustees. property, shall be vested in a board of trustees, who shall be elected annually, at such time and in such manner as the said association shall, by its by-laws provide; at the first meeting of the trustees after their election in each year, they shall choose from their body a president, secretary, and treasurer. By-laws. Reservation. Peter Beaver of cution for certain acts. SECTION 5. That the corporation hereby created shall have leave and authority to make by-laws, conformable to the charter, and not in violation of the Constitution and laws of the United States, or of this Commonwealth. SECTION 6. That the Legislature reserves the right to alter, revoke, or amend this charter whenever in their opinion such revocation shall be considered necessary for the public interest: Provided, That no injustice shall be done to the corporators thereof. SECTION 7. That Peter Beaver, of the borough of Lewisburg, shall Lewisburg not not be liable to a prosecution by indictment, or in any other respect liable to prose- responsible, for interfering with or obstructing any public right of way over or easement in all that certain recess in Market street of said borough, being five feet in breadth, extending along the whole of the front of lot number four in the plan of said borough, fronting on Market street, by reason of any building thereon erected, or which shall be hereafter erected by him, or those claiming under him: Provided, That for any further erections thereon, he shall first obtain the assent of the town council of said borough. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The tenth day of April, A. D., one thousand eight hun dred and fifty-two. WM. BIGLER. Preamble. No. 213. AN ACT For the relief of the creditors of the Susquehanna Canal Company; authoriz ing Moses Phillips, surviving executor of Jesse Bumgarner, of Washington county, to execute certain deeds; erecting an independent school district out of parts of Greene and Dunkard townships, Greene county; authorizing the laying out of a State road from Morris Cross Roads, in Fayette county, to a point on Dunkard creek, in Greene county; and relating to the election district of Ward township, Tioga county. WHEREAS, The Susquehanna canal company, by reason of the excess of the actual over the estimated cost of their canal, were obliged to contract debts to a large amount for the completion of that work, which indebtedness exists in various forms, secured by different mortgages, in different degrees of priority, but the larger part of it being unpreferred and comprehended only in a general deed of trust for the benefit of creditors, executed by the said company on the twenty-third day of December, one thousand eight hundred and forty-one: And whereas, A large amount of arrear interest has accrued upon the said unpreferred debt, which renders it impracticable to give to the said debt in the hands of the holder thereof the same value and availability which it would derive from the conversion of the said arrear interest into capital stock and a remodeling of the affairs of the said company, so that the holders of said debt shall receive new bonds for the principal of said debt, bearing interest payable semi-annually: And whereas, The condition of prosperity of said company is now such that such a measure may be proposed, which it is understood is very generally desired by all parties interested therein; therefore, 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 whenever two-thirds in value of the creditors of the said company, Company auupon whose debts arrear interest may be due, shall have signified their thorized to issue assent to the arrangement proposed to be made by means of this act, new stock. it shall and may be lawful for the said company to issue new stock of the said company, to an amount equal to the indebtedness of the said company, for arrear interest to the first day of January, one thousand eight hundred and fifty-four, or any earlier period if the company should deem it expedient, and also for the arrear interest of the said company, on the obligations known as those of the Tide Water canal company in shares of fifty dollars each, and to pay the same at par in discharge of the said arrear interest, and where in the settlement with any creditor for arrear interest a fractional part of fifty dollars is left, to grant to such creditor a certificate of indebtedness for such fractional sum, any number of which certificates amounting in the whole to fifty dollars or more, may be again convertible into stock as an original indebtedness for arrear interest. SECTION 2. That after two-thirds in value of the said creditors to Duties of comwhom arrear interest may be due, shall have assented to the provisions pany. of this act, the said company shall give notice of the fact to the trustees named in the deed of trust of the twenty-third December, eighteen hundred and forty-one, or the survivors of them, and shall furnish to the said trustees a list of the names of the creditors of the company, who shall have assented as aforesaid, with the amounts respectively held by them, of claims upon the said company; and the said trustees having ascertained that the provisions of this act have been complied with in the premises, then it shall be their duty, and they are hereby enjoined and required, to re-convey and deliver over to the president and managers of the said company, all and singular the property and estate of the said company, held by and vested in them by virtue of the said deed of trust; and the said trustees, upon such re-conveyances and delivery and acceptance by the company as aforesaid, shall be discharged from the said trust and from all liability in virtue thereof, and may plead this act and give it in evidence in any court of record, in discharge of any suit or proceeding prosecuted upon such claim at law or in equity, in virtue of said trust in bar thereof; and the said president and managers of the said company for the time being, after delivery as aforesaid, shall be held and taken to be trustees Persons holding this act. under the said deed of the twenty-third December, eighteen hundred and forty-one, as to non-assenting creditors, as to whom the said deed shall be as operative as if the said property and rights still remained in the hands of the trustees under the said deed, and the said president and managers shall administer the same as regards such nonassenting creditors according to the terms thereof. SECTION 3. That all persons holding claims against the said company claims justified in any fiduciary capacity, shall, by all the courts of this Commonwealth, in assenting to be fully justified by this act in consenting to the arrangement proposed by this act, and in giving up the present evidences of indebtedness, and in accepting certificates of stock for arrear interest, and new bonds for the principal debt, and if their cestui que trust shall at any time seek to hold such trustees to any accountability for so doing, such persons may give this act in evidence as a bar to such attempt. Persons not expressing in writing their dissent, to be considered as assenting. SECTION 4. That all claimants to whom arrear interest shall be due, who shall not, on or before the first day of August, one thousand eight hundred and fifty-two, express in writing their dissent from the provision of this act, shall be taken and considered to have assented thereto, as fully as if such assent had been given in writing, and if they do not surrender their evidences of indebtedness by the first day of October, one thousand eight hundred and fifty-two, it shall be the duty of the said company to pursue the course prescribed in the seventh section of this act, in relation to persons who have assented, but neglected to bring in their evidences of debt, and the same consequences and advantages shall ensue as are therein prescribed. Assenting cre SECTION 5. That any creditor of said company who shall assent to ditors entitled the provisions of this act, shall, as against the non-assenting creditors, to certain bene- notwithstanding the surrender of their evidences of debt, and the ac fits, &c. ceptance of stock for their arrear interest, and new bonds for the principal of their debt, continue to be entitled to all the benefits and advantage, and legal rights that now belong to them as fully as if such stock had not been received, and as fully as the non-assenting creditors are, or may be, until all the creditors of the said company to whom arrears of interest may be due, shall have assented to this act, and no such nonassenting creditor shall by any means be benefitted, or the position of his claim be improved by the action of those assenting to the provisions of this act, but in any judgment, order or decree of any court made, or given in favor of such non-assenting creditor, the proportion that his claim would have borne to the whole, and the position it would have occupied if none had assented thereto, shall be assigned to such nonassenting creditor, and in case of suit by any non-assenting creditor, the company is hereby authorized to appear in court in behalf of all, or any of the assenting creditors, and in their place, and as their agent, to urge the claims of such assenting creditors as fully as they in person might, or could do if no such assent had been given. interest as it falls due. Assenting cre- SECTION 6. That the said company shall be authorized to pay to the ditors entitled to said assenting creditors their interest as the same falls due, from the revenues of the said company, and to set aside the proper proportion of the interest to which the non-assenting creditors would have been enti tled, if they had assented to the provisions of this act, to be by the said company applied to the payment of such of them as may thereafter sig. nify, in writing, their assent to the provisions of this act, or to the said non-assenting creditors, whenever their respective rights thereto shall be determined by any competent tribunal. Forfeiture of rights under old evidences of debt. SECTION 7. That if any creditor who shall have assented to the provisions of this act, shall neglect or refuse to bring in his evidence of debt, by the first day of October, one thousand eight hundred and fifty two, it shall be the duty of the said company to prepare and execute the proper certificates of new stock, and new bonds for such creditor or creditors, to be filled up in the names of such creditors, or their assignees, or representatives, if they can be ascertained, and file the same among the archives of the company, to be delivered to the proper owners, whenever the old evidences of debt shall be surrendered, and from the time when such certificates and bonds shall be executed and filed, the endorsement of which on such certificates and bonds shall be evidence of the fact, the said creditors so neglecting, shall forfeit all claim or rights whatever, under their old evidences of debt, except as against the non-assenting creditors. SECTION 8. That the preceding sections of this act shall be published Publication in once a week for three months prior to the first day of August, one certain newsthousand eight hundred and fifty-two, in a newspaper printed in the papers. cities of Philadelphia, Lancaster and Baltimore respectively. SECTION 9. That Moses Philips, surving executor of the last will Surviving exand testament of Jesse Bumgarner, deceased, is hereby authorized to ecutor under execute and deliver to the school directors of the borough of Mills- the will of Jesse Bumgarner, boro', Washington county, any deed or conveyance which may be deceased, to exnecessary fully to convey and assure to the said directors and their suc- ecute a deed. cessors, all the right and title which was in the said Jesse Bumgarner at the time of his death, in a lot in said borough granted by said Bumgarner for school purposes, and on which a school house is now erected, and is in actual occupancy; the deed to be made according to the terms and conditions of the original grant, and the said Moses Philips is also hereby authorized to make any deed necessary to convey the title of the said Jesse Bumgarner in a lot in said borough of Millsboro' granted by said Jesse in his life time (for purposes of religious worship on which a church is now erected) to the trustees of said church and their successors, or to any person or persons or corporation entitled thereto, according to the true intent and meaning of the said original grant; said deed to be according to the conditions and restrictions thereof. SECTION 10. That John Morgan, of Fayette county, Jacob Dillinger, Commissioners. and Samuel C. Orr, of Greene county, are hereby appointed commissioners to view and lay out a State road, beginning at Morris Cross Roads, in Springhill township, Fayette county, thence by way of Dil- Location. SECTION 11. That said commissioners, before entering upon the per- Commissioners formance of their duties, shall take and subscribe an oath or affirmation to take oath. before a justice of the peace to perform the duties of their appoint ment with fidelity; they shall be allowed one dollar per day for every Compensation. day engaged in the performance of their duties, and shall keep a correct account of the number of days employed in each county, which shall be paid by the treasurers of the counties of Greene and Fayette upon the rendition of the accounts of said commissioners; they shall employ one surveyor who shall receive two dollars per day, two chaincarriers, one axe-man, and one rodman, who shall each receive one dol |