No. 221.

A FURTHER SUPPLEMENT

To an act entitled “An Act for the incorporation of the Pittsburg, Kittanning, and Warren Railroad Company," approved the fourth day of April, one thousand eight hundred and thirty-seven.

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 corporate name of the Pittsburg, Kittanning, and Warren Railroad Corporate name Company, created by act of Assembly approved April fourth, one changed. thousand eight hundred and thirty-seven, shall be hereafter the "Allegheny Valley Railroad Company;" that the annual election for officers of said company, from and after the next August election, shall be holden on the first Tuesday of February in each year: Provided, That Proviso. the officers to be elected in August next shall hold over until the election in February, one thousand eight hundred and fifty-four, and until their successors are duly qualified to act.

SECTION 2. That the Allegheny Valley railroad are hereby autho- Interest on inthorized to pay to the shareholders entitled to receive the same, in the stalments. months of May and November in each year, interest at the rate of six per cent. per annum on all instalments, which interest shall be charged to the cost of construction, and continue to pay the same until the said road shall be completed; stockholders failing to pay instalments shall not be entitled to interest on former payments, until the called for instalment is paid; the said stock shall not be subject to any tax in consequence of the payment of the interest hereby authorized.

subscribe stock.

SECTION 3. That the counties of Allegheny, Armstrong, Clarion, Certain counties Jefferson, Elk, Venango, Warren, McKean, and Potter, through parts authorized to of which said railroad may pass, shall be, and they are hereby severally authorized to subscribe to the capital stock of the said Allegheny Valley Railroad Company, and to make payments on such terms and in such manner as may be agreed upon by said company and the proper county: Provided, That the amount of subscription by any county Proviso. shall not exceed ten per cent. of the assessed valuation thereof; and that before any such subscription is made, the amount thereof shall be fixed and determined by one grand jury of the proper county, and upon the report of such grand jury being filed, it shall be lawful for the county commissioners to carry the same into effect by making in the name of the county the subscription so directed by said grand inquest: Provided, further, That whenever bonds of the respective Proviso. counties are given in payment of subscription, the same shall not be sold by said railroad company at less than par value, and no bond shall be in less amount than one hundred dollars: And provided further, That such bonds shall not be subject to taxation until the clear profits of the said road shall amount to six per cent. upon the cost thereof.

Proviso.

SECTION 4. That it shall be lawful for the several counties and Stock subscribed cities subscribing to the capital stock of the said Allegheny Valley by cities and railroad company to pay the amount of their subscription, if agreeed counties, how upon by the parties by the transfer of stocks held by them in other

paid.

Proviso.

incorporated companies: Provided, Said stocks shall at the time of said transfer be yielding six per cent interest.

SECTION 5. That in all elections of said company, the stock held by Ratio of votes. counties and corporations, shall be voted as follows: One vote for every share of stock not exceeding ten shares, one vote for every ten shares thereafter not exceeding one hundred shares, and one vote for every fifty shares of additional stock.

Corporate debts not to prevent subscription.

Tolls.

SECTION 6. That the several acts of the General Assembly limiting the amount of the corporate debts of the cities of Pittsburg and Allegheny, shall not prevent either of said cities from subscribing to the stock of the said Allegheny Valley railroad company.

SECTION 7. That the said company shall so regulate their tolls and charges for motive power and transportation on said road, that they shall at no time be greater per passenger or per ton per mile, on passengers or freight destined to or from any port or place in this Commonwealth, either by railroad or canal, than may be charged per passenger or per ton for the same description of goods or merchandize transported over an equal distance on said railroad, destined for any port or place in any other State.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

was

Speaker of the Senate. We do certify that the bill entitled "A further supplement to an act entitled an An Act for the incorporation of the Pittsburg, Kittanning, and Warren Railroad Company,' approved the fourth day of April, A. D., one thousand eight hundred and thirty-seven,' presented to the Governor on the first day of April, one thousand eight hundred and fifty-two, and was not returned within ten days (Sunday's excepted) after it had been presented to him, wherefore it has, agreeably to the Constitution of this Commonwealth, become a law in like manner as if he had signed it.

WM. JACK,

Clerk of the House of Representatives.

JOHN M. SULLIVAN,

Clerk of the Senate.

Harrisburg, April 14, 1852.

No. 222.

- A FURTHER SUPPLEMENT

To the act incorporating the Ohio and Pennsylvania Railroad Company.

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 authority of the same, That it shall be lawful for the constituted authorities of the Pennsylvania Pennsylvania railroad company, with the assent of the stockholders thereof, expressed railroad authorized to in the usual manner, to subscribe to the capital stock of the Ohio and Pennsylvania railroad company to any amount not exceeding five per cent. upon the capital stock, and pay for the same in cash, stock, or bonds of the said Pennsylvania railroad company, as may be agreed upon between the said companies.

subscribe stock.

tion.

SECTION 2. That the city of Allegheny is hereby authorized to in- City of Allecrease its subscription to the capital stock of the said Ohio and Penn- gheny to insylvania railroad company to any amount not exceeding the subscrip- crease subscription heretofore made by said city, upon the same terms and conditions prescribed in regard to said previous subscription: Provided, No bonds for the payment of stock subscribed as aforesaid, shall be issued of a less denomination than one hundred dollars: And provided further, That the stock of said company shall not be subject to any tax in consequence of the payment of interest to stockholders as authorized by the charter of said company, or until the nett earnings of the company shall realize at least six per centum per annum upon the capital invested.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,
Speaker of the Senate.

We certify that the bill entitled "A further supplement to the act incorporating the Ohio and Pennsylvania railroad company," was presented to the Governor on the first day of April, eighteen hundred and fifty-two, and was not returned within ten days (Sundays excepted) after it had been presented to him, wherefore it has, agreeably to the Constitution of this Commonwealth, become a law in like manner as if he had signed it.

Harrisburg, April 14, 1852.

WILLIAM JACK,

Clerk of the House of Representatives.

JOHN M. SULLIVAN,

Clerk of the Senate.

Corporators.

Style.

Privileges.

Proviso.

ed.

No 223.

AN ACT

To incorporate the Eagle Fire Hose Company of the district of Penn, in the county of Philadelphia; relative to the claim of Henry W. and Ann Archer; to the Union Steamship Company; vacating certain streets in the district of Mogamensing; to the school directors of the First School District; authorizing John Kessler to sell certain yearly ground rents.

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 all persons who are now members of the association called the Eagle Fire Hose Company, of the district of Penn, in the county of Philadelphia, or who shall be hereafter admitted members of the same, shall be, and they are hereby erected and declared to be one body politic and corporate, by the name, style, and title, of "The Eagle Fire Hose Company," and by the same name shall have perpetual succession, and shall be able to sue and be sued, implead and be impleaded, in all courts of record or otherwise, and to purchase, receive, have, hold, and enjoy to them and their successors, all and all manner of lands, tenements, rents, annuities, liberties, franchises, and hereditaments, goods, and chattels of what nature, kind or quality soever, real, personal or mixed or choses in action, and the same from time to time to sell, grant, devise, alien or dispose of: Provided, That the clear yearly value or income of the said corporation shall not exceed the sum of three thousand dollars, and also to make and have a common seal, and the same to break, alter or renew at pleasure, and also to ordain, establish, and put in execution, such by-laws, ordinances, and regulations as shall appear necessary and convenient for the government of the said corporation, not being contrary to this charter or the Constitution and laws of the United States or of this Commonwealth, and generally to do all and singular the matters and things which to them it shall lawfully appertain to do for the well being of the said corporation, and the due ordering and management of the affairs thereof.

Banking privil- SECTION 2. That nothing in this act contained shall be deemed to eges not allow authorize the said company to engage either directly or indirectly in any banking, moneyed, commercial or manufacturing concern, but the object of the said corporation shall be the promotion of the public good by the extinguishment of fires.

Reservation.

SECTION 3. That the Legislature reserves the right to alter, revoke, or annul the privileges and charter hereby granted, whenever in their opinion the same shall be injurious to the citizens of this Commonwealth, in such manner however that no injustice shall be done to the corporators.

SECTION 4. That the board of canal commissioners be, and they are Henry W. and hereby authorized to investigate the claim of Henry W. Areher and

Ann Archer.

Ann Archer, for damages which it is alleged were occasioned by the reconstruction of the embankment of the West Branch canal, at and near Loyalsock creek, and to report the facts to the Legislature.

SECTION 5. That the Union Steamship company shall have power Union steamship and authority to land and take up passengers and freight at Cape May company to land and Cape Henlopen on the passages of their vessels between the ports passengers. of Philadelphia and Richmond, in Virginia.

SECTION 6. That the streets in the district of Moyamensing, in the Streets in Moyacounty of Philadelphia, between Sutherland avenue and Gray's Ferry mensing. road, and the United States Naval Asylum, and United States Arsenal, except Christian street, and Tidmarsh and Painter streets, from Sutherland avenue to the said Tidmarsh street, be, and the same are hereby vacated.

Directors of

SECTION 7. That the school directors of the township of Passayunk and the district of Moyamensing, in the county of Pniladelphia, being Passyunk to the eighth and ninth sections of the first school district, shall annually elect controllers. hereafter meet together and elect the same number of controllers as are

now elected by the directors of the ninth section, and so much of any

act inconsistent with this, be, and the same is hereby repealed.

WHEREAS, John Kessler, Junior, trustee of the estate of Abigail K. Palethorp, under the last will and testament of John Kessler, late of the county of Philadelphia, gentleman, deceased, with the said Abigail Preamble. Palethorp, by deed bearing date the eighteenth day of November, one thousand eight hundred and forty-six, recorded at Philadelphia, in deed book G. W. C., number seventeen, page eighteen, et cetera, granted and conveyed unto Adam Moffit, his heirs and assigns, a certain lot or piece of ground, situate on the west side of Frankford road, at the distance of six hundred and eighty-eight feet northward from Otter street, in Kensington, in the said county of Philadelphia, to have, and to hold with the appurtenances unto the said Adam Moffit, his heirs, and assigns forever, yielding and paying therefor, and thereout unto the said John Kessler, Junior, his heirs and assigns, in trust as therein mentioned, the yearly ground rent or sum of two hundred and seventy dollars, with a proviso therein contained, that if the said Adam Moffit, his heirs or assigns, should at any time after the expiration of ten years from the sale thereof, pay or cause to be paid unto the said John Kessler, Junior, his heirs or assigns, the sum of four thousand five hundred dollars lawful money, and the arrearages of said yearly rent to the time of such payment, then the same should forever thereafter cease and be extinguished, and the covenant for payment thereof become void, and then he, the said John Kessler, Junior, his heirs or assigns, should and would seal and execute a sufficient release and discharge of the said yearly ground rent unto the said Adam Moffit, his heirs and assigns forever. And whereas, The said Adam Moffit is desirous of paying off and extinguishing the said yearly ground rent before the expiration of the said ten years; therefore,

SECTION 9. That it shall and may be lawful for the said John Kessler, Junior, trustee aforesaid, and he is hereby authorized and empowered at any time hereafter, upon receipt of the principal moneys above mentioned of the said yearly ground rent, and the arrearages to the time of such receipt to make, execute, and deliver a good and sufficient deed, releasing and extinguishing the said yearly ground rent and every part thereof, and all his estate, right, and interest in and to the said lot or piece of ground, out of which said ground rent issueth, unto the said Adam Moffit, his heirs and assigns forever, as fully and effectually as though the said ten years had fully expired, and freed and discharged from any trusts or limitation whatever, and without any liability whatever on the part of said Adam Moffit, his heirs or assigns, as to the application of the money; and the said moneys so arising therefrom to be held by the said John Kessler, Junior, his heirs and assigns, in trust

John Kessler to make deeds.