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No. 382.

AN ACT

To incorporate the Philadelphia, Easton, and Water Gap 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. John O. James, Samuel H. Gillingham, Andrew Manderson, Elwood M. Smith, Josiah Brant, William E. Morris, Isaac S. Waterman, John Jordan, William P. Brock, William B. Hart, Charles Santee, Joseph M. Hollingshead, Harry Conrad, John Gilbert, James S. Young, Solomon Smith, Thomas Taylor, William Raiguel, John Ely, William C. Ludwig, Samuel H. Bush, Daniel Dalby, Benjamin Kemerer, S. M. Munn, George Barron, James Shields, Charles Koons, Milton Cooper, Henry Budd, John T. Maull, John. Thomason, Joseph M. Thomas, and Peter Sieger, of Philadelphia county; William T. Rogers, John Brown, C. E. Wright, Stephen Brock, John B. Pugh, William S. Kendrie, R. Thornton, R. Watson, William Carr, and E. J. Fox, of Bucks county; Peter Ihrie, M. H. Jones, Jacob Wagner, William H. Lawall, Michael Butz, Jacob Rader, George Troxell, Jacob Rice, Augus tus Wolle, G. H. Goundie, J. J. Levers, William Beitel, Samuel Straub, James M. Porter, and Samuel Taylor, of Northampton county; and Joseph Lukens, John Shaffer, Senior, George Sechler, Jacob Wentz, Henry Dickinson, of Montgomery county, or any three of them, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title, of "The Philadelphia, Easton, and Water Gap Railroad Company," with power and authority to construct a railroad, beginning at a point north of Vine street, in the county of Philadelphia, and thence by the most expedient and practicable route to or near the borough of Easton, or some other point in Northampton county, with the right to extend said railroad to any point or place in Monroe or Pike counties, and to connect with the Delaware, Lehigh, Schuylkill, and Susquehanna railroad, the Delaware and Cobb's Gap railroad, and the New York and Erie railroad, or any other railroad which may have connected with it in Pennsylvania, subject to all the provisions and restrictions of an act regulat ing railroad companies, approved the nineteenth day of February, one thousand eight hundred and forty nine, so far as the same are not altered or supplied by this act, and the said Philadelphia, Easton, and Water Gap railroad company shall have the right, subject to the provisions and restrictions of the act aforesaid, to connect their railroad by lateral or branch roads with any railroad constructed or to be constructed in any of the counties through which the same may pass, and also to construct one or more bridges across the river Delaware, and to connect by one or more lateral or branch roads with any railroad or other pub. lic improvement in the State of New Jersey.

Style.

Location.

Subject to provisions of cer

tain act.

Capital stock.
Proviso.

SECTION 2. That the capital stock of the said company shall consist of thirty thousand shares: Provided, That the said company may, from time to time, by a vote of the stockholders at a meeting called for the purpose, increase the capital stock if it shall be deemed necessary to an amount sufficient to carry out the true intent and meaning of this act;

2

for the purpose of completing and equipping the said railroad, the said
company shall have the power of borrowing any sum not exceeding two
millions of dollars, at a rate of interest not exceeding seven per centum
per annum, and to secure the payment of the same by the issue of bonds
and a mortgage of the said railroad, together with the corporate rights
and franchises granted by this act, and to annex to the said bonds and
mortgage the privilege of converting the same into capital stock of the
said company at par at the option of the holders, if they shall signify
their election in writing so to convert the same one year before their
maturity: Provided, That said company shall issue no certificate of Proviso.
loan of less denomination than one hundred dollars.

SECTION 3. That said company shall have power to connect with any Rights of conrailroad belonging to any other company using part of said route in any nection. and every case where it may be deemed inexpedient for a time to build the whole of the road authorized by this act, and said company shall have as full power and control over the part or parts built by said company in every respect as if said company had built the whole of the road authorized by this act.

of said road.

SECTION 4. That if the said company shall not commence the con- Commencement struction of said road within five years, and complete it in ten years and completion from the passage of this act, the same shall be null and void, except so far as the same may be necessary to settle up the affairs and pay the debts of said company.

JOHN S. RHEY,

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

WM. BIGLER.

No. 383.

AN ACT

Authorizing the heirs and executors of the estate of Abraham Swain, deceased, to sell and convey certain real estate; relative to the Centre Bridge Company; and to supervisors and overseers of the poor in Upper Wakefield township, Bucks county; relative to the trustees of the board of education of the Presbyterian church, and to burial grounds in Philadelphia.

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 Real estate of Abraham Anthony Burton, executor of the last will and codicil of Abraham Swain, late of the township of Bristol, in the county of Bucks, de- authorized to be Swain, dec'd, ceased, and Margaret Swain, widow, and Samuel P. Swain, Henry D. sold.

Proviso.

Proviso.

Trustees of

Swain, William Swain, Eliza Small, and Sarah Smith, all the children of the said Abraham Swain, and devisees or legatees named in his said will and codicil, be, and they are hereby authorized and empowered to sell all the real estate of which the said Abraham Swain died seized, situate in the township of Bristol aforesaid, described as follows, to wit, A messuage and tract of land lying between the river Delaware and the Pennsylvania canal, adjoining lands of Thomas Quintin, James Vanhart, deceased, et cetera, known as "The Cold Spring Farm," containing fifty-eight acres, more or less; also, a tract of woodland lying near Pigeon Swamp, adjoining lands of Benjamin Richardson, George Young, et cetera, containing nine acres more or less, with the ap purtenances, either at public sale or sales, and convey and assure the same unto the purchaser or purchasers in fee simple, clear and discharged of and from all the trusts contained in the said will and eodicil, without any obligation on the part of the purchasers to see to the application of the purchase money, or be in any way responsible therefor: Provided, That before any deed of conveyance for said real estate shall be delivered to the purchaser the said executor or his successor in the trust shall give security, to be approved by the Orphans' Court of the county of Bucks, for the faithful investment of the proceeds of sale for the persons, uses, and purposes provided and declared in the said will and codicil of and concerning the said real estate: And provided also, That in default of such security being given, the purchaser shall be entitled to receive such conveyance, and be absolved from all responsibility therefor, by paying the purchase money into the said court to be invested under its direction and control, for the persons, uses, and purposes aforesaid.

SECTION 2. That the trustees of the board of education of the Presboard of educa- byterian church in the United States of America, be, and they are tion of Presby- hereby authorized and empowered to take, receive, and hold to them terian Church to and their successors forever, lands, tenements, hereditaments, moneys,

hold land.

President and managers of

railroad.

goods, and chattels, and all kinds of estate which may be devised, bequeathed, or given to them for the purpose of aiding schools, academies, and colleges, or the cause of education generally: Provided, That the clear yearly value of the real and personal estate held by the said corporation shall not, at any time exceed the sum of five thousand dollars.

SECTION 3. That the president and managers of the Centre bridge company shall have power to survey, lay down, and ascertain, mark and Centre bridge fix such route as they may deem expedient for a railroad, with as many co. to construct tracks as they may deem necessary to connect said bridge with the limestone quarries in the township of Solesbury, and county of Bucks, not exceeding five miles in length, with lateral branches not exceeding half a mile, and shall have the same powers and immunities and be subject to the same terms and conditions (except the election of officers) that are provided for in the act to incorporate the Plymouth railroad company, passed the eighteenth June, eighteen hundred and thirty-six.

Bucks co., to

SECTION 4. That the supervisors and overseers of the poor for the Supervisors and verseers of the township of Upper Wakefield, in the county of Bucks, acting under oor for Upper the provisions of the thirty-ninth and fortieth sections of the act of Wakefield tp., Assembly, passed April fifteenth, eighteen hundred and thirty-four, en titled "An Act relating to county rates and levies", shall, before entering on their duties, give bond to the township auditors, with security to be approved by them conditioned for the faithful application of all funds by them received, belonging to the said township, in the form prescribed by existing laws.

give bond.

Philadelphia to

SECTION 5. That when any church of the city or county of Phila- Churches in the delphia, shall resolve to purchase and use a new place of burial for the city and co. of congregation of said church, or to remove thereto the remains of such certify certain deceased persons as may have been interred in a former place of bu- facts to board rial, they shall certify such fact to the board of health by the proper of health. officer of such church, and the board of health thereupon, unless they shall determine the proceeding to be injurious to the public health, shall grant a permit for the same in the manner that they now do in individual cases.

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. 384.

AN ACT

To incorporate the German Lutheran Church, in Upper Dublin township, Montgomery county; to divide the borough of Norristown into three wards; and relative to the Union Library company, of Hatborough.

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 John B. Sterigere, Peter Sterigere, Jonathan Taylor, B. Franklin Tay- Corporators. lor, Anna Elizabeth Summers, Martha L. Sterigere, Sarah Conrad, Henry Sperry, Ann Eliza Brock, Samuel Houpt, Henry Houpt, Eliza Shaffer, Joseph Taylor, and such other persons as may be associated with them, in pursuance of this act, or of the by-laws of the corporation, and their successors, be, and they are hereby created a body corporate, in law, and in fact, by the name of "The Upper Dublin Lutheran Style. Evangelical Church," and by said name shall have perpetual succession, and be able to plead and be impleaded, in all courts of law and else. Privileges. where, and may take and hold for the use of said church and corporation, the burial ground in said township, called Puff's burial ground, or Puff's church, and any real and personal property they may hereafter acquire, the yearly value of which shall not exceed two thousand dollars.

SECTION 2. That the business of said church or corporation until Business of corotherwise ordered by the by-laws, shall be conducted by three trustees poration, how of full age, and the religious proceedings and exercises according to the conducted. faith and discipline of the German Lutheran church in the United States

as now established, and shall choose one of their number for president

Powers of corporators.

Proviso.

Trustees.

Treasurer to give bond.

Middle ward in

and treasurer, and shall also appoint a secretary, who shall keep an a curate minute of the proceedings of the board, and entry of the ordinances, rules, and regulations of the corporation..

SECTION 3. That a majority of the corporators shall have authority to enact any ordinances, rules, and regulations consistent with the object of this act at any public meeting, held at such time and place as may be designated by the president of the board of trustees, of which one week's personal notice, or three weeks' notice put up at six or more public places may be given, but it shall require the consent of twothirds of the corporators to alter any ordinance, rule or regulation: Pro vided, That until otherwise ordered it shall be lawful to establish any ordinance, rule or regulation, or make any order by a majority of the corporators subscribing such ordinance, rule, regulation or order, and all ordinances, rules, regulations and orders so subscribed, and filed. and entered on the secretary's minutes, shall have the same force and effect as if passed by the corporators at a public meeting after due notice as above provided.

SECTION 4. That until otherwise ordered by the by-laws, and till other trustees be chosen, John B. Sterigere, B. Franklin Taylor, and Jonathan Taylor, shall be the trustees of said corporation, invested with full power and authority to manage the same, and shall have full power and authority to raise money by subscription or contribution and other wise, and receive the same, and also all legacies, bequests, and gifts, which may be made to said corporation, and use the same in purchasing and taking and holding for the same, any land adjoining said burial ground, not exceeding two acres, and in erecting a church or house of public worship on the same or on said burial ground, as they may deem best suitable for the Lutheran Evangelic worship, and business connected therewith, or to enter into contracts for the building of such house for public worship, and in enclosing the burial and other grounds belonging to the corporation, by stone or wood fence, and with the approval of a supervisor of the road grading the roads adjoining said grounds, to adapt the same to such grounds and church.

SECTION 5. That the treasurer shall give bond, with security, to be approved by a judge of the Court of Quarter Sessions of said county, in the penal sum of five thousand dollars, conditioned for the faithful ap plication of all moneys which may come into his hands according to the orders of the trustees.

SECTION 6. That from and after the passage of this act, so much of the borough of the borough of Norristown, in the county of Montgomery, as shall be

Norristown,

Montgomery co., erected.

Proviso.

Election of officers in said ward.

included between the middle of DeKalb street and the middle of Swede street, and extending from the river Schuylkill to the north-east boundary of said borough, being composed of part of the upper and lower wards of said borough, shall be a separate ward, to be called the Middle Ward: Provided, That the borough of Norristown shall remain one school district as heretofore.

SECTION 7. That the qualified citizens of said ward shall at the time and place fixed by existing laws, elect one justice of the peace, one constable, and such election and ward officers as are now by law elected in and for the other wards in said borough: Provided, however, That the present justice of the peace elected for the Lower Ward of said borough, shall continue in the performance of his duties under his present commission as justice of the peace for said Middle Ward, in which he now resides; and the qualified citizens of the "Lower Ward," of said borough, shall at the first borough election held after the passage of this act, elect one justice of the peace to supply the vacancy.

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