Proviso.

election, and to conduct the same, who shall severally take and sub-
scribe an oath or affirmation before an alderman or justice of the peace,
well and truly, and according to law, to conduct such election to the
best of their knowledge and abilities; and the said judges shall decide
upon the qualifications of voters, and when the election is closed, shall
count the votes, and declare who has been elected, and make out and
deliver a written certificate of the same at all such elections, or other
general or special meetings; the stockholders shall be allowed to vote
in person or by proxy; and the number of votes to which each stock-
holder shall be entitled shall be according to the number of shares he
or she shall hold, in the proportions following: for every share not ex-
ceeding ten shares, one vote; for every five shares above ten shares,
and not exceeding two hundred shares, one vote; for every ten shares
above two hundred shares, and not exceeding one thousand shares, one
vote; for every twenty-five shares above one thousand shares, one vote;
but no share shall confer a right of suffrage unless it be holden by the
person in whose name it appears absolutely and bona fide in his own
right, or that of his wife, or for his or her sole use and benefit, or as
executor, administrator, trustee, or guardian, or in the right of some
co-partnership, corporation, or society, of which he or she may be a
member, and not in trust for the use and benefit of any other person:
Provided, That no persons holding shares by transfer shall be entitled
to vote, unless the same shall have been transferred on the books of the
company, at least three months before the election; nor shall any proxy
be received, or entitle any holder to vote, unless the same shall bear
date, and have been duly executed within three months next preceding
such election: And provided, In case no election shall be made, or in
case of failure to elect, for any cause, the president, and directors, and
treasurer of the preceding year, shall hold on and continue in office
with full power to act as such until others are elected in their stead:
Provided, That said company shall not, by any vote of the stockhold- Proviso.
ers, or the directors thereof, change the gauge of said road from the
gauges now established by the provisions of the act of eleventh of
March, A. D., one thousand eight hundred and fifty-one, entitled "An
Act fixing the gauges of railroads in the county of Erie," and the ac-
ceptance of this act shall be deemed an acceptance of the said act of
eleventh March, one thousand eight hundred and fifty-one: And pro-
vided, also, That if any company owning, leasing, or using any railroad
in said county of Erie, shall construct, alter, lease, or use any railroad
of any other gauge of track in any part of said county, east or west of
the city of Erie, than is prescribed in the aforesaid act of eleventh
March, one thousand eight hundred and fifty-one; then, and in such
case, all and singular the rights, powers, and privileges granted to such
company, by any act of Assembly, whatsoever, shall be adjudged null

and void.

Proviso.

Proviso.

sell real estate.

SECTION 15. That the trustees of the Erie academy, and their suc- Trustees of the cessors, or a quorum of the same, be, and they are hereby authorized Erie academy and empowered to sell and dispose of the following sixteen inlots in authorized to the city of Erie, to wit: number two thousand five hundred and twenty-nine; two thousand five hundred and thirty; two thousand five hundred and thirty-one; two thousand five hundred and thirty-two; two thousand five hundred and thirty-three; two thousand five hundred and thirty-four; two thousand five hundred and thirty-five; two thousand five hundred and thirty-six ; two thousand five hundred and thirty-seven; two thousand five hundred and thirty-eight; two thousand five hundred and thirty-nine; two thousand five hundred and forty; two thousand five hundred and forty-one; two thousand five hundred

Trustees not to expend the whole amount received.

Repeal.

and forty-two; two thousand five hundred and forty-three; and two thousand five hundred and forty-four; and to make, execute, and deliver to the purchaser or purchasers, respectively, good and sufficient deed or deeds, in fee simple, according to the true intent and meaning of this act.

SECTION 16. That it shall not be lawful for the trustees of said academy, at any time hereafter, in any manner, to expend the whole, or any portion of the principal sum thus received on the sale of the lots, aforesaid, but the same shall remain charged in whole, or in part, upon the said lots, or shall be invested in loan or loans, bearing interest, payable annually, and properly secured by judgment, bond, and mortgage, on real estate; and any of the trustees aforesaid, offending against the provisions of this section, on conviction thereof, in the court of Quarter Sessions of Erie county, shall pay a fine of not less than double the amount of the sum or sums so expended, for the use of the Erie academy.

SECTION 17. That the twenty-second section of an act entitled “An Act regulating election districts, and relating to the election of supervisors, and borough officers," approved the eighth day of April, one thousand eight hundred and fifty, be, and the same is hereby repealed. JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The fourteenth day of April, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER.

Corporators.

Privileges.

No. 226.

AN ACT

To incorporate the Veterinary College, of Philadelphia; relative to the estate of Robert L. Poalk; authorizing Aaron Denman, trustee, to sell and convey certain real estate, and relative to the transfer of property for school purposes, to the controllers of the first school district.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That George Cadwalader, William Gibson, M. D., John Philips, M. D., Alfred L. Elwyn, M. D., Frederick Watts, George M. Keim, James Gowen, George W. Woodward, Sketchley Morton, Alonzo Potter, D. D., James Bryan, M. D., and L. L. Ward, now associated together as trustees and counsellers of "The Veterinary College of Philadelphia," be hereby themselves and successors, created a body politic and corpo rate in deed and in law, by the name, style, and title aforesaid, and by the same name they shall have perpetual succession, and all and singular

the privileges, immunities, and franchises incident to a corporation, and shall be capable of taking and holding to them and their successors, in fee simple, or for any less estate, as much lands, tenements, and hereditaments, and other real and personal estate and property as shall be necessary and needful to effect all and singular the objects, intents, and purposes of their institution and association, which said objects, intents, and purposes are now defined in their constitution in the words following, to wit: "The instruction of gentlemen in the art and science of veterinary medicine and surgery, and otherwise promoting the interests of veterinary science," and of suing and of being sued, and of doing and performing all and every act or acts, thing or things, which a body politic or corporate may or can lawfully do or perform.

SECTION 2. That said corporation shall have power to grant diplomas, Powers. constituting the recipients, doctors in veterinary medicine and surgery, under such restrictions as shall be laid down in the constitution and by-laws of the college, and that the said corporation shall have full power to enact and enforce such constitution and by-laws as they shall deem proper for its government; and for the better carrying out and effecting the objects, intents, and purposes heretofore recited, and to make, use, and have a common seal, and the same to break, alter, and renew at pleasure, and shall have power to elect such officers, and at such times as they may deem proper: Provided, That the constitu- Proviso. tion, by-laws, ordinances, and all acts of said corporation shall not be contrary to this charter, nor to the Constitution or laws of the United States or of this Commonwealth.

SECTION 3. That no enumeration of powers, privileges, and duties Enumerated herein contained shall be so construed as to exclude others not euumera powers not to ted, which may be necessary to the fulfilment of the designs and exclude other purposes of this act, and not inconsistent with its express provisions and necessary powlimitations.

ers.

SECTION 4. That upon the sale of any part of the real estate men- Purchase montioned in the seventh section of an act entitled "An Act relative to the ey, how paid. board of health of the city and county of Philadelphia, and for other purposes," passed on the twenty-second day of March, A. D, one thousand eight hundred and fifty-two, the purchaser thereof may pay the purchase money, or so much thereof as may be payable in cash, into the Court of Common Pleas for the city and county of Philadelphia, whereupon the said court may direct the trustees of the said estate to invest the same in real securities, stocks, or loans, as provided in the said section, and where, by the terms of the sale, a part of the purchase money is to remain on mortgage of the premises, the court may confirm the same as an investment of that amount: Provided, That no investment in mortgages, stocks, or otherwise, shall be assigned, transferred, or satisfied without an order of the said court for that purpose first obtained, and every re-investment of the proceeds of such sale shall be made subject to the same conditions and provisions, and upon payment into court as aforesaid, and approval of any mortgage for purchase money, as aforesaid, every purchaser, his heirs, and assigns, shall be discharged from any liability in respect to the investment or application of the proceeds of sale, and from the trusts declared respecting the said estate, and from other liabilities in respect to the said estate. Proviso repealSECTION 5. That the proviso to the said seventh section of the said ed. act, be, and the same is hereby repealed.

Trustee author

SECTION 6. That Aaron Denman, trustee, under deed of trust of ized to sell real Francis Phoebe Worley, bearing date April twenty-first, Anno Domini, estate.

one thousand eight hundred and thirty-seven, and duly recorded in the proper office in the city of Philadelphia, be, and he hereby

Proviso.

Certain trustees

tate.

is authorized and empowered, with the consent of said Phoebe Worley, shown by her joining in said conveyance, and not otherwise; to sell and dispose of either at public or private sale, all that certain messuage or tenement, and lot or piece of ground on the west side of Delaware Fourth street, in the said city of Philadelphia, at the distance of thirtysix feet eight inches from the south side of Walnut street, in the said city, as described in and by the above mentioned deed of trust, and all the right, title, interest, property, claim and demand of him, the said Aaron Denman, trustee, and of the said Phoebe Worley, and all other cestui que trusts of, in or to the same in law or equity, or otherwise, howsoever, and to grant and convey the same, the said Phoebe Worley joining in such conveyance in fee simple to the purchaser or purchasers thereof, freed and discharged from all trusts, and without obligation on the purchaser to see to the application of the purchase money, and to make, execute, and deliver good and sufficient deeds and conveyances for the same: Provided, That the proceeds of the said sale shall be invested by the said Aaron Denman, with the assent and concurrence of said Phoebe Worley, and shall remain subject to all the trusts specified, and enure to the benefit of the same parties named in the said deed of trust, in the same manner and for the same estate as the said real estate now does.

SECTION 7. That the trustees of any academy or school house in the to lease real es- city and county of Philadelphia, shall have power and authority to lease to the controllers of the public schools for the first school district of Pennsylvania, the whole or any part of the premises vested in them for school purposes, upon such terms as may be agreed upon by the said trustees and controllers: Provided, however, That the said premises shall be held, used, and occupied by the said lessees for public school purposes, and for no other use whatever.

APPROVED The fifteenth day of April, A. D., one thousand eight

hundred and fifty-two.

WM. BIGLER.

No. 227.

AN ACT

To authorize the trustees of Strasburg Academy, in the county of Lancaster, to convey certain real estate; authorizing the trustees of the German Reformed congregation of Jonestown, Lebanon county, to sell certain real estate; authorizing the appraisement of the real estate of Sebastian Gockley, deceased, late of Lancaster, Lancaster county; erecting the borough of Columbia, Lancaster county, into two election distric1s; relative to the Lancaster and Ephrata plank road; relative to roads in Thornbury township, Chester county, and to the borough of Waynesburg, Franklin 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 George Diffenbach, Henry Spiehlman, Joseph Bowman, and James Trustees of McPhail, surviving trustees of Strasburg academy, in the county of Strasburg acadLancaster, or their successors in office, be, and they are hereby autho emy authorized rized to convey by deed to the board of directors of the common schools to convey real of the borough of Strasburg, and to their successors in office, the lot of ground in said borough, adjoining ground of George Diffenbach, Robert Spencer, and others, known as the academy lot, with the buildings thereon erected, and all the property real and personal of said corporation, to be used by said board for a common school.

estate,

SECTION 2. That John Harper, and Samuel E. Bickel, trustees of Trustees to sell the German Reformed congregation, of Jonestown, Lebanon county, real estate. are hereby authorized to sell and convey all the right, title, and interest of said congregation, in and to a certain lot of ground in the borough of Lebanon, now held by the said congregation in common with the German Reformed congregations of Lebanon and Mill Church, to the German Reformed congregation of the borough of Lebanon.

SECTION 3. That Christian Weist and David Gockley, or the survi- Appraisement vor of them, executors of Sebastian Gockley, of Lancaster county, de- of real estate. ceased, be, and they are hereby authorized to select three discreet men to appraise the real estate of the said decedent, which real estate shall be accepted by the children of said decedent as directed in his will: Provided, That the guardians may accept for their wards, and such appraisement and acceptance, and the proceedings thereunto relating shall be as valid and effectual to all intents and purposes, as though the youngest son of said decedent had attained his majority.

tance.

SECTION 4. That in case the real estate of said decedent shall not be Distribution of taken at the appraisement, and the same be sold, then the proceeds proceeds in case thereof shall be distributed among the children of said decedent, al- of non-accepthough the youngest son has not attained his full age: Provided, That Proviso. this act shall not interfere with the provisions of the testator for his widow, nor in any other mode interfere with the directions contained in the will of said decedent, except as herein before provided: And pro- Proviso. vided further, That the said executors, before any sale shall be made by them of said estate, shall give security, to be approved by the Orphans' Court of Lancaster county, for the faithful distribution of the proceeds thereof, in accordance with the directions of said will; and any guardian before receiving the distributive share of any ward, or before consenting to take said estate on behalf of any ward, shall give secu