SECTION 2. That the said seminary shall be under the management Under manage. and government of a number of trustees not exceeding twelve, five of ment of truswhom shall constitute a quorum for the transaction of business. tees. SECTION 3. That the trustees of said institute shall consist of the Trustees. following named persons, until others are appointed, to wit: Joseph D. Wallf, William H. Dickey, Edward M'Elree, David R. Imbrie, George C. Vincent, Andrew J. Burgess, David Goodwillie, David Houston, James P. Ramsey, Isaac Cowden, Junior, Thomas Duncan, and Samuel T. Herron, which trustees, and their successors, to be appointed in the way hereinafter mentioned, shall, and they are hereby erected, established, and declared to be a body politic and corporate, with perpetual succession, and with all the incidents of a corporation in deed and in law, to all intents and purposes whatsoever, by the name, style, and Style. title of the "Westminster Collegiate Institute," by which name and title the said trustees, and their successors, shall be able and capable at law and in equity, to take to themselves, and their successors, for the use of said institute, any estate in any messuages, lands, tenements, hereditaments, goods, chattels, moneys, or other effects, by gifts, grants, Privileges. bargain, sale, conveyance, assurance, will, devise, or bequest, of any person or persons whatsoever, and the same messuages, lands, tenements, hereditaments, and estates, real and personal, to grant, bargain, sell, and convey, assure, demise, and to farm, let, and place out on interest, or otherwise dispose of, or invest for the use of said institute, in such manner as to the trustees, or a quorum of them, shall seem most beneficial to the institution, and to receive the rents, issues, and profits, income, and interest of the same, and to apply the same to the use of the said institute, and by the same name to sue, prosecute, and defend, implead and be impleaded, in any court or courts of law or equity, and in all manner of suits and actions whatsoever, and generally by and in the same name to do and transact all and every the business touching or concerning the premises, or which shall be incidentally necessary thereto, as fully and effectually as any natural person, or body politie or corporate have power to manage their own concerns. 1 SECTION 4. That the said trustees shall cause to be made for their own Seal. use, one common seal, with such device or devices, and inscription thereon as they shall think proper, by or with which all deeds and acts of the said corporation shall be authenticated, and the seal at pleasure break, alter, or renew. Powers of trua tees. SECTION 5. That said trustees shall meet on their own adjournment, Meeting of or at the call of the president of the board, with ten days' previous trustees. notice, and the said trustees shall have power, and are hereby authorized to enact by-laws and ordinances for the government of the said institute, and to elect and appoint trustees to supply vacancies occasioned by death, resignation, refusal to serve, or inability to act, and shall have the power of electing and appointing teachers of said institute, fixing their salaries, and of removing them for misconduct, breaches of by-laws or ordinances of the institution, or other causes, which shall be deemed sufficient of appointing committees of their own number for carrying into operation all the resolutions of the board, of appointing a secretary, a treasurer, and such other officers as shall be found necessary for managing the corporation, of providing for the punishment of all violations of the rules, regulations, by-laws, or ordinances of the institution, or other misconduct committed by the pupils, or any of them, or other person or persons thereat, and generally, at any meeting, to determine all matters and things pertaining to the conducting of the business of the institute whether the same are particularly herein men tioned or not. Enforcement of rules. Trustees, how appointed. Misnomer. Directors of the poor of Mercer co. authorized to sell poor house farm. SECTION 6. That the teachers of said institute, or a majority of them, shall have the power of enforcing the rules adopted by the trustees for the government of the pupils. SECTION 7. That the board of trustees for said institute shall be appointed by the Presbyteries of Ohio and Shenango, in subordination to the Associate Synod of North America, to wit: six by the Presbytery of Ohio, and six by the Presbytery of Shenango, as follows, to wit: two from each Presbytery for one year, two for two years, and two for three years. SECTION 8. That no misnomer of said corporation shall defeat or annul any gift or grant, demise or bequest, to or from said corporation. SECTION 9. That "the directors of the poor and of the house of employment for the county of Mercer," are hereby authorized to sell and convey the farm and tract of land, purchased by them for the erection thereon of a poor house, for such price and on such terms as they may deem advantageous, and the proceeds of such sale to invest in the purchase of a farm, lot, messuage, or tract of land at any distance not more than one and a half miles from the borough of Mercer, and such farm, lot, messuage, or tract when purchased shall be held by them for the uses and purposes mentioned in the act for the erection of a poor house in Mercer county, approved the twenty-second day of March, one thousand eight hundred and fifty. Auditors to set- SECTION 10. That George Carringer of the township of Perry, James tle the business M'Cormack, of the township of Vernon, Stephen Ross, of the townof Sandy creek ship of Deer Creek, James A. Dunn, of the township of Sandy Creek, tp., Mercer co. and James Dunn, of the borough of Sheakleyville, all of the county of Mercer, are hereby appointed auditors with power and authority fully to settle up and arrange all the accounts, debts, dues, and business of every kind of the old township of Sandy Creek, in Mercer county, and to apportion the debts and claims open and among the townships of Perry, Vernon, Deer Creek, and Sandy Creek, and the borough of Sheakleyville as they may adjudge just and equitable. Hack, omnibus, SECTION 11. That from and after the passage of this act, it shall be and cab drivers lawful for the city authorities of the eity of Erie to regulate by ordiin the city of nance or ordinances duly enacted and published, the conduct of hack, Erie. omnibus, and cab drivers, runners, and porters, and the prices and charges for carrying passengers and baggage to and from railroad cars and steamboats within the limits of the said city, and to appoint such officer or officers as may be necessary to enforce the same, and any penalty or penalties provided by such ordinance or ordinances for the violation thereof, shall be sued for and recovered before the mayor or any justice of the peace of said city as debts of like amount are sued for and recovered. Escheated es SECTION 12. That all the right and interest which this Commontate of Andrew Wealth may have or might have acquired by reason of an escheat in and Ryan, Jr., vest to the estate real and personal of which Andrew Ryan, Junior, late of ed in his bro- Dauphin county, died, seized or possessed, is hereby vested in his five brothers and sisters, namely: Ellen, Sarah, Isaac, Leah, and Charles Ryan, as tenants in common and their heirs: Provided, That the right or interest of no other individual shall be thereby impaired. thers and 61sters. School directors of Elizabeth, SECTION 13. That the school directors of Elizabeth, Allegheny county, are hereby authorized and empowered to sell a certain half lot Allegheny co. to of ground, number seventy in the plan of said town, together with the sell real estate. brick school house thereon erected, and to appropriate the proceeds of the sale of the same to the erection of a building for the use of the common schools of said borough. SECTION 14. That after the first Monday of July, eighteen hundred Time of holding and fifty-two, the courts of Lawrence county shall be held as follows, courts in Lawviz. commencing on the first Monday of September, second Monday of rence co. December, second Monday of February, and fourth Monday of May in each year, and continue one week in each term, or more if necessary. SECTION 15. That the term of the court of Beaver county which is Time of holding now by law held on the first Monday of September, shall hereafter be courts in Beaver held on the second Monday of September. JOHN S. RHEY, APPROVED-The twenty-seventh day of April, A. D., one thousand Co. eight hundred and fifty-two. WM. BIGLER. No. 295. AN ACT To annul the marriage contract between John H. Wood and Caroline Ann, his wife. 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 marriage contract entered into between John H. Wood and Caroline Ann, his wife, of the city of Philadelphia, be, and the same is hereby declared null and void, and the parties discharged from all the obligations and liabilities growing out of the same, as fully and absolutely as if they had never been joined in marriage. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, We do hereby certify that the bill entitled "An Act to annul the marriage contract between John H. Wood and Caroline Ann, his wife," was presented to the Governor on the fifteenth day of April, one thousand eight 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. WM. JACK, Clerk of the House of Representatives. Clerk of the Senate. Harrisburg, April 28, 1852. Certificate of profits. No. 296. A SUPPLEMENT To the act incorporating the Washington Mutual Insurance Company of Philadelphia; relative to the Junction Canal Company; to the sale of real estate by O. P. Ballard; and to the sale of lands by the New York and Erie 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 the authority of the same, That no certificate of profits issued or declared by the said corporation shall be transferred nor interest paid thereon if the individual or firm in whose name said certificate or interest stands be in debt to the company. Certificates not SECTION 2. That certificates shall be subject to, and bound by any to be bound by judgment the company may obtain against the holder thereof, and the any judgment. interest of such holder may be sold under any execution issued on said judgment as any other species of personal chattels. Deduction from SECTION 3. That should the funds of the company become exhausted certificates of by losses, expenses, or any other cause, then there shall be made a deprofits for losses. duction equal in amount to the said losses, or expenses or other diminu Promissory notes. Junction canal company to construct their canal through portions of Bradford co. tion, which shall be assessed pro rata upon all the certificates of profits issued or declared, and immediately upon such assessment being made by the board of trustees, the said certificates shall be binding and obligatory on the said company only for the balance due upon them after such deduction made and assessed as aforesaid, and the said assessment and deduction when made by the board of trustees as aforesaid, shall be binding and conclusive upon the holders of all said certificates either with or without notice. SECTION 4. That the company may receive promissory notes from individuals or firms at twelve months date from the commencement of the business year, for which they may allow a compensation to the drawers not exceeding five per cent. to serve as an additional security to those doing business with the company, which notes shall be liable to assessment to the extent of any loss the company may sustain after exhausting all its other means, and the assessment shall be made (after deducting the amounts paid by the drawers during the current year) on each note in proportion as the nett balance of said note shall bear to the nett balance of the aggregate of said notes, and the liability under said notes shall cease when all the risks taken during the year for which the note is given shall have terminated, nevertheless on an assessment being made, should any of the parties be unable to pay their proportions, the difference shall be made up by the remainder, but in no case shall such note-giver be bound or obligated to pay more than the amount of his note less premiums paid as aforesaid. SECTION 5. That the president, directors, and company of the junc tion canal company, authorized by the State of New York, by an act to incorporate said company, passed May eleventh, eighteen hundred and forty-six, to construct a canal from the termination of the Chemung canal at Elmira, in the county of Chemung, in the State of New York, through the valley of the Tioga river, to the line of the State of Pennsylvania, at or near Athens, in the county of Bradford, in said State, to connect with the North Branch canal at or near said point, are hereby authorized to construct said junction canal through such portions of said county of Bradford as said company shall consider necessary to secure a direct and convenient route by which to construct said junction canal. SECTION 6. That said company may purchase and hold any lands or Hold lands. real estate in said county of Bradford necessary for constructing, maintaining, and repairing said canal, and may also receive, hold, and take all voluntary grants and donations of real estate which shall be made them to aid the objects of said corporation, and whenever the said real estate cannot be obtained by voluntary donation or purchase by reason of disagreement between said company, and any person or persons owning any real estate which said corporation may require as aforesaid, respecting the amount to be paid therefor, it shall be lawful for the parties to appoint three persons impartially to estimate and determine the price to be paid for the same, but if the parties cannot agree upon such persons, or if either party refuse or neglect to join in such appointment within twenty days after requisition for that purpose upon him or them made, or if a majority of the persons appointed by the parties shall not within thirty days after receiving notice of their appointment, file a report of their estimate in the office of the clerk of the Court of Common Pleas of the county of Bradford, then and either of these cases either party may apply to said Court of Common Pleas, or to two of the judges thereof if said court be not in session, who shall award Compensation a venire to the sheriff of said county requiring him to summon an in- to owners of quest of twelve disinterested men to ascertain and report to said court lands. the price to be paid by said company for said real estate, which report being confirmed by the said court, the said company shall be deemed seized in fee of the premises for the purposes aforesaid, in the same manner as if the same had been conveyed by the owner or owners to said company and their successors in fee. SECTION 7. That the directors of said corporation, by and with such Directors, with superintendents, engineers, artists, workmen, and laborers, with their other officers, tools, instruments, wagons, carts, and beasts of draught and burthen, may enter upon may enter upon the lands contiguous and near to said intended canal, lands. giving notice to the owners or occupiers of such lands, and from thence take and carry away any stone, timber, gravel, sand, earth, or other material, doing as little damage thereto as possible, and repairing any breach they may make in the enclosures thereof, and making amends for any damages that may be done thereon, and paying for the materials so taken away; the amount thereof, if the parties cannot agree, shall be assessed and valued by any three disinterested freeholders residing in the neighborhood, under oath or affirmation, to be appointed by the parties, or if they cannot agree in their appointments, then to be appointed by any disinterested justice of the township; and it shall be the duty of the said freeholders to file a report of their assessment within seven days after they shall have agreed upon the same, with a neighboring justice of the peace, by whom the same shall be entered on his docket; and the said freeholders shall also within the said seven days, notify each of the parties of the name of the justice of the peace with whom their report has been filed, and either party may appeal from said report to the Court of Common Pleas at any time within twenty days after the same shall have been so filed. Ballard, and SECTION 8. That Orrin P. Ballard, of Troy, Bradford county, sur- Surviving partviving partner of the late firms of Fitch, Ballard and Bowen, composed ner of Fitch, of Curtis T. Fitch, Leban Bowen, and Orrin P. Ballard, and of the firm Bowen, to sell of Fitch and Ballard, composed of Curtis T. Fitch and Orrin P. Ballard, real estate. |