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No. 368.

AN ACT

To incorporate the Maner turnpike and plank road company; to increase the capital stock of the Pennsylvania railroad company.

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 Commissioners. Samuel Walthour, Michael Painter, John C. Rankin, Peter Highbarger, Paul Brinker, Henry Knappenberger, Jacob Gongaware, William Caldwell, Reuben Kuhns, William Ewing, Jonas Gongaware, Jesse Walton, John Jennings, John Lenhart, Jesse Brinker, John Lauffer, John Hugus, William Logan, David Lloyd, Jacob B. Ament, Joseph Walton, John Irwin, Samuel Young, John McNeil, John Barlew, Daniel Metzker, John Zimmerman, Joseph McQuilken, and Joseph Cort, of Westmoreland county, be, and they are appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title of "The Maner turnpike and plank road company," with power to construct a turnpike or plank road, or a road in part a turnpike and in part a plank road, from a point on the New Alexandria and Pittsburg turnpike road, at or near Salem, in Westmoreland county, passing through Harrison city, and passing by or near to Walthour's or Painter's mills, on Brush creek, to a point on the Greensburg and Pittsburg turnpike road, at or near the Seven Mile tavern, in said county, by such route as may be agreed upon and adopted by the stockholders, Subject to pro- or a majority of them, at a meeting to be called for that purpose, subject to all the provisions and restrictions of an act regulating turnpike and plank road companies, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the supplement to said act, approved the seventh day of April, one thousand eight hundred and forty-nine.

Location.

visions of certain act.

Capital stock.
Proviso.

Commencement

of road.

SECTION 2. That the capital stock of said company shall consist of six hundred and fifty shares at twenty-five dollars per share: Provided, That said company may from time to time, by a vote of the stockholders at a meeting called for that purpose, increase their capital stock so much as in their opinion may be deemed necessary to complete the road, and to carry out the true intent and meaning of this act.

SECTION 3. That if said company shall not commence the construcand completion tion of their road within two years after the passage of this act, and complete the same within six years thereafter, this act shall be null and void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company.

Pennsylvania railroad co. to

SECTION 4. That it shall be lawful for the Pennsylvania railroad company, in addition to the capital stock authorized by the twentieth section issue additional of an act incorporating the said company, passed the thirteenth day of shares of st ck. April, one thousand eight hundred and forty-six, and any supplement

thereto, to issue certificates for any additional sum not exceeding twenty thousand shares, and to demand and receive the moneys for said additional shares when subscribed for, in like manner and upon the same conditions as to instalments and otherwise, as are provided for in the ninth section of the said original act: Provided, The par value of said

dditional capital stock shall be fifty dollars per share as heretofore, and hat the holders thereof shall have all the rights and immunities which y law are invested in the subscribers to the capital stock originally auhorized to be created.

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APPROVED-The sixth day of May, A. D., one thousand eight hundred

ind fifty-two.

WM. BIGLER.

No. 369.

AN ACT.

To authorize the borough of Greensburg to subscribe to the capital stock of the
Hempfield Railroad Company; and erecting separate election districts in
Donegal township, Westmoreland county.

to the Hemp

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 burgesses of the borough of Greensburg, in the county of West- Burgesses of the moreland, be authorized to subscribe to the capital stock of the Hemp- borough of Greensburg to field railroad company any number of shares not exceeding five hundred: subscribe stock Provided, That said subscription may be paid in the bonds of said borough to be issued by the burgesses thereof, bearing interest at the rate field railroad. of six per cent. per annum, interest payable semi-annually, and principal payable in not more than twenty-five years, and the burgesses of the said borough are hereby authorized to pledge the property both real and personal of the citizens thereof now by law taxable for State or county purposes for the payment of the principal and interest accruing on said bonds, and to provide for the payment thereof: And provided, That Proviso. said bonds shall not be negotiated by said company at a rate of discount exceeding ten per cent. And provided further, That the said bonds shall not be issued as aforesaid until that part of the road from the terminus in said borough to the Youghiogheny river shall be located and under contract: Provided further, That neither the bonds issued nor the stock subscribed shall be subject to taxation: And provided further, That no bond shall be issued of a less denomination than one hundred dollars.

ties.

SECTION 2. That the burgesses of said borough shall procure a book Procure books or books in which shall be entered the number, date, and amount of and other dueach bond issued under the provisions of this act, and also the amount of stock subscribed, and the date when the subscription was made; they shall open a regular account therein crediting the borough with the amount paid on the subscription from time to time by the issuing of

Donegal town.

said bonds, and also with the interest and dividends paid on such subscription by the Hempfield railroad company, they shall debit the be rough with the amount of bonds issued and with the semi-annual interest accruing thercon from time to time; this account shall be regularly posted semi-annually so as to show the actual condition of the account and shall be open to the inspection of the citizens of the borough at all times, and the bonds authorized by this act to be issued shall only be assignable on said books by the holders thereof or their heirs or legal representatives in person, or by some person having a power of atterney to make such assignment, and no charge shall be allowed for or e account of the entry of such assignment.

SECTION 3. That the township of Donegal, in the county of West ship, Westmore- moreland, be, and is hereby erected into two election districts, the qu land co., erected lified electors residing on the south-western side of the old Felgar ros! into two election in said township shall hold their general and township elections as usua

districts.

at the free school house in the town of Donegal in said township, and William B. Gay is hereby appointed judge, and William R. Hunter, and Leonard Blackburn, inspectors to hold the elections for the present year for said district called Donegal election district, and the qualified electors residing on the north-eastern side of the old Felgar road in the said township of Donegal, shall hold their general and township eletions at the house of Seymour M. Campbell, in the town of Mansville, to be called Mansville election district in said township of Donegal, and Seymour M. Campbell is hereby appointed judge, and Robert Hood and William Gilbreth inspectors, to hold the election for the present year for said election district in said township of Donegal, and the judges of the township election aforesaid at Stahlstown, in said township, to cast up the votes for township officers and make their return according to law.

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APPROVED-The sixth day of May, A. D., one thousand eight hun

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dred and fifty-two.

WM. BIGLER.

No. 370.

AN ACT

elating to certain real estate, late of Miles Foster, of the county of Philadelphia,deceased; to the first Baptist church, of the city of Philadelphia; to the estate of Samuel K. Clark, and David Bacon; to Turner's Lane, in the district of Penn; and to township elections in the township of Middletown, now Clymer, Tioga county.

WHEREAS, Miles Foster, of the county of Philadelphia, did by in- Preamble. enture, dated the first day of April, Anno Domini, one thousand eight undred and twelve, grant and convey in mortgage to Thomas Chappel, is heirs and assigns, a certain lot or piece of land situate in the townbip of Lower Dublin, in the said county, containing four acres and hree-quarters of an acre, to secure payment of the sum of one thousnd dollars on the first day of April, one thousand eight hundred and hirteen, with interest, which mortgage was recorded at Philadelphia, n the fifth day of August, one thousand eight hundred and fourteen, n mortgage book I. C., number thirteen, page one hundred and seven, et cetera:

And whereas, The said Miles Foster afterwards died, and the said lebt and interest remaining unpaid, the said Thomas Chappel entered upon the mortgaged premises and died in possession thereof:

And Whereas, In the month of July last, one thousand eight hundred and fifty-one, the Registers' Court for the city and county of Philadelphia, appointed Israel Walton, of the same county, administrator of the goods, et cetera, of the said Miles Foster, deceased, and afterwards the said Israel Walton, as administrator of the said Miles Foster, presented his petition to the Orphans' Court for the said county, praying the said court to order a sale of the said lot or piece of land for the payment of the said mortgage debt, and the said court granted the prayer of the said petition and ordered a sale of the premises; in pursuance of which order the said Israel Walton sold the same at public sale to Silas Tomlinson, for the price or sum of seven hundred and fifteen dollars, he being the highest and best bidder for the same, which sale was confirmed upon the third day of November, one thousand eight hundred and fifty-one, and a deed for the premises dated the thirtieth day of October, one thousand eight hundred and fifty-one, was executed by the said Israel Walton, as administrator aforesaid, to the said Silas Tomlinson:

And whereas, All the right, title, and interest of the heirs and legal representatives of the said Thomas Chappel, has become vested in the said Silas Tomlinson:

And whereas, Doubts are entertained whether the said court had power to order a sale of the premises under the circumstances above stated without due notice to the heirs or legal representatives of the said Miles Foster, and it is considered that the said court cannot now give relief to the parties; 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

upon the petition of Israel Walton, and Silas Tomlinson, to the Orphans' Orphans' Court Court for the county of Philadelphia, setting forth the facts above stated, to confirm sale.

estate.

the said court may make an order to open or set aside their decree made on the third day of November last, confirming the said sale, and shall thereupon order and direct that notice be given to the heirs and legal representatives of the said Miles Foster, to appear in the said court on a certain day to be appointed, to show cause why the said sale should not be confirmed, which notice shall be served personally upon the said heirs and legal representatives, if they be found within the city or county aforesaid, and if not so found shall be advertised in two daily newspapers published in the said city, for at least three weeks before the day so appointed, upon which day, if it shall appear to the satisfaction of the court that due notice was given as aforesaid, and if sufficient cause be not then shown to the contrary, the said court shall make a decree confirming the said sale absolutely, and upon such decree being made, the title of the said Silas Tomlinson, and of his heirs and assigns, to the said lot or piece of land, shall be, and remain good and valid against all persons claiming or to claim under the said Miles Foster; but if upon the said hearing, sufficient cause be shown, it shall be lawful for the said court to set aside the said sale, and to direct an issue to determine any disputed facts, and to make such other orders and decrees in the premises as may be according to equity, and the laws of this Commonwealth.

First Baptist SECTION 2. That the First Baptist church of Philadelphia, meeting Church autho- for worship in Second street, between High and Mulberry streets, be, rized to sell real and they are hereby authorized and empowered at any time or times hereafter to grant, bargain, and sell all or any part or parts of those five contiguous stone houses and lots or pieces of ground situate on the west side of Delaware Second street between High and Mulberry streets, in the city of Philadelphia, belonging to the said Baptist church, containing in front or breadth on the said Second street eighty feet more or less, and extending in length or depth westward fifty feet more or less to the Eastern line of a certain alley or passage way about four feet wide, leading northward from Lagrange place at public sale, in fee simple, upon ground rent, or for any other estate, and upon such terms and conditions as they may deem proper, and to convey and assure the premises and hereditaments so sold, together with the free and common use and privilege of the said four feet wide alley as a passage way and water course, and all other easements, rights, and appurtenances thereunto belonging, to the purchaser or purchasers thereof in fee simple or otherwise, as the case may be, free, clear, and discharged of and from all and every the trusts, estates, limitations, and conditions expressed or contained in the indentures or legal assurances relating thereto at any time heretofore made or executed, and so that the said purchasers shall take and hold the said premises so conveyed to them without any liability on their part to see to the application of the purchase money, and such conveyances shall vest a perfect and indefeasable estate and title in the premises so sold and conveyed in the purchasers thereof, notwithstanding any statutes or laws of mortmain or other disabling laws or customs, and so much of said statutes or laws as tend to invalidate the title to any of the real estate aforesaid in the possession of the said church or its grantors is hereby repealed.

Charles B.
Clark autho-

estate.

SECTION 3. That Charles B. Clark, administrator of the estate of Samuel K. Clark, late of Pine Creek township, Jefferson county, and Comrized to sell real monwealth of Pennsylvania, deceased, is hereby authorized and empowered to sell and convey in fee simple, at public sale, all the right, title and interest of the said Samuel K. Clark, deceased, at the time of his death, of in and to any lands, tenements, or hereditaments, lying and being in the county of Jefferson aforesaid, and to make and execute to the purcha

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