Laws Enacted in the General Assembly of the Commonwealth of Pennsylvania ...

Preamble.

constituted a

trustee.

No. 67.

AN ACT

To confer on Joseph Riberolle, the powers and duties of a trustee.

WHEREAS, William Taylor, late of Tioga county, Pennsylvania, died seized and possessed of about four acres of land, with a small dwelling house, tannery, and out-buildings thereon, situated in Wellsboro' in said county, and bounded on the north by Erastus Fellows' land, south-easterly by the Dort Settlement road, west by the Crooked Creek road and John Dickinson's land:

And whereas, The said William Taylor died in February, Anno Domini, one thousand eight hundred and forty-eight, without issue, leaving a wife Nancy Taylor:

And whereas, The said William Taylor was an alien by birth, and was never a citizen of the United States, and in consequence of which he had the title to said property, in part, conveyed to Mrs. Brickley in trust for him:

And whereas, The said Mrs. Brickley is now deceased without issue, except the said Nancy Riberolle, without having disposed of said property:

And whereas, The said William Taylor, on the twenty-sixth day of December, one thousand eight hundred and forty-five, devised all of his said estate to his wife Nancy, now deceased, but who intermarried with Joseph Riberolle some two years previous to her death, but continued to reside upon said property:

And whereas, The said Nancy, by her declarations a few days previous to her death, disposed of her said property, by giving it to the said Joseph Riberolle, for the use and benefit of the three daughters of the said Joseph Riberolle, then residing with her; therefore,

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 Joseph Riberolle the said Joseph Riberolle is hereby constituted trustee for the said Margaret Urania Riberolle, Anna Virginia Riberolle, and Josephine Riberolle, and all the estate and property of the said William Taylor and Nancy his wife, subsequently Nancy Riberolle, and occupied and possessed by her at the time of her death, is hereby vested in the said Joseph Riberolle, as trustee aforesaid, to and for the said Margaret Urania, Anna Virginia, and Josephine Riberolle, as fully and effectually as though the said William Taylor had been a natural born citizen, and the said Nancy had made her will in due form of law, devising her said estate to the said Margaret Urania, Anna Virginia, and Josephine Riberolle.

Trustee subject

to all laws relating to trustees, &c.

SECTION 2. That the said trustee shall be subject to the laws of this Commonwealth relating to trustees and trust estates, and surrender his said trust when the said devisees severally arrive at the age of twentyone years.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The twenty-third day of February, A. D., one thousand

eight hundred and fifty-two.

WM. BIGLER.

No. 68.

AN ACT

Relating to the Chester Valley railroad company.

Chester Valley railroad compa

ny authorized to

SECTION 1. Be it enacted by the Senate and House of Representives of the Commonwealth of Pennsylvania in General Assembly et, and it is hereby enacted by the authority of the same, That shall and may be lawful for the said Chester Valley railroad company o extend their road by branches, or otherwise, to the Philadelphia and Reading railroad, to the quarries of Adams and Brook, in Montgomery extend their panty, and to intersect the Philadelphia and Columbia railroad at or road. ear Downingtown: Provided, That any such branch or extension shall Proviso. ot exceed four miles in length, and the same shall be subject to the everal provisions, respecting the payment of damages, contained in the ct of Assembly, passed the twenty-seventh day of April, Anno Domini, ne thousand eight hundred and fifty, entitled "An Act authorizing the rection of a school house in South West township, Warren county, and For other purposes."

SECTION 2. That the seventh section of an act, entitled "An Act relating to roads and highways in Philadelphia county, and for other urposes," passed the twelfth day of April, one thousand eight hundred Ld fifty-one, be and the same is hereby repealed.

Repeal.

SECTION 3. That it shall and may be lawful for the Chester Valley ailroad company, for the purpose of raising money to complete their Company authorized to road and works, and to supply the necessary engines, cars, machinery, issue bonds for tools, and appurtenances, to make and issue bonds to an amount not certain pur exceeding five hundred thousand dollars, in such sums of not less than poses. ne hundred dollars, and in such form as the board of directors of the said company may deem proper, bearing interest at the rate of seven per cent. per annum, to be paid semi-annually, redeemable in the year ne thousand eight hundred and seventy, and convertible, at the option of the holders of the said bonds, into the preferred eight per cent. stock of the said company, authorized to be issued by the sixth section of the act of Assembly incorporating the said company, approved the wenty-second day of April, one thousand eight hundred and fifty; and the said directors are authorized and required to give to the said bonds a preference in the payment of interest, not higher than the said seven per cent., over all other bonds or stock whatever issued, or that may be sued by the said company; and any holder or holders of the preferred stock issued, or to be issued in payment of the damages mentioned and provided for in the fifth section of the said act of incorporation, or for work done, materials furnished, or services rendered, or to be so done, farnished, or rendered, may, at his or their option, deliver up said preferred stock to the said company, and exchange the same for an equal mount of the bonds aforesaid.

Company an

SECTION 4. That for the purpose of securing the faithful payment of the said bonds and the interest accruing thereon, it shall and may be lawful for the said company to make, execute, and deliver to such per- thorized to exeson or persons as they may appoint, a mortgage, under the common cute mortgages seal of the said company, wherein shall be conveyed to the said person as security for or persons so appointed, the road, property, and franchises of the said the payment of company, acquired or to be acquired, conditioned for the payment of the bonds. the said bonds and the interest thereon; and a sale, under and by virtue of the mortgage so made and executed, shall pass the said road,

Proviso.

property, and franchises to the purchaser or purchasers thereof as fully as the same are now held by the said company or shall be held under this act: Provided, That no bond shall be issued under the provisions of this act of a less denomination than one hundred dollars.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN. H. WALKER.

Speaker of the Senate.

APPROVED-The twenty-fourth day of February, one thousand eight hundred and fifty-two.

WM. BIGLER.

No. 69.

AN ACT

To incorporate the Waterford and Cambridge Plank Road company.

R. Jackson, John H. Gray, J. O. Hodges, P. S. Gage, Z. Y. Rohdes, Robert Johnson, Joseph Marcy, John Klechner, Philip Kleckner, George Doctor, A. Quay, of Crawford county, and Matthew Campbell, John Waterhouse, George Weston, John B. Shearer, C. J. Pollock, Wm. Bracken, David Boyd, James Biggars, Samuel Sheford, Hiram Olover, Samuel Hutchins, P. P Judson, Wm. Judson, John Curtis, John Wood, P. Metcalf, S. B. Benson, T. B. Vincent, J. L. Cook, of Erie county, or a majority 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 Waterford and Cambridge plank road company," with power to construct a plank road from Waterford through Cambridge, to intersect the Meadville and Edinboro' plank road, at a point deemed most expedient by the managers of said company, to be located on any part or parts of the public highways, on the line of said road, subject to all the provisions and restrictions of an visions of cer- act regulating turnpike and plank road companies, approved the twentysixth day of January, one thousand eight hundred and forty-nine and the several supplements thereto.

Style.

Location.

tain act.

Capital stock.
Proviso.

SECTION 2. That the capital stock shall consist of one thousand shares, at twenty-five dollars per share: Provided, That said con pany 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 may, in their opinion, be deemed necessary 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

Commencement

complete the same within five years thereafter, this act shall be null of the road. and void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company.

APPROVED-The twenty-fourth day of February, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER.

No. 70.

AN ACT

Authorizing the county of Washington and the boroughs of Washington and Monongahela City in said county to make a subscription to the Hempfield railroad company, and for other purposes.

road.

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 borough of Washington, and the borough of Monongahela City, in Boroughs of the county of Washington, are hereby authorized and empowered to Washington and Monongahela subscribe for shares in the capital stock of the Hempfield railroad City authorized company, not exceeding one thousand shares each, and to borrow to subscribe money to pay therefor, and to make provision for the payment of the stock to the principal and interest of the money so borrowed, by the assessment and Hempfield railcollection of such tax as may be necessary for that purpose, and also as in other cases of loans to corporations, and no certificate of loan or bond shall be issued by said corporations for a less sum than one hundred dollars, and shall be transferable as shall be directed by said oorporations respectively, and the certificates of loan or bonds, to be issued by either of said corporations for the purpose aforesaid, bearing an interest of six per cent. per annum, payable half yearly, may be received by said Hempfield railroad company, in payment of instalments on shares subscribed by said corporations, on such terms as shall be agreed upon between said company and said corporations.

SECTION 2. That the subscription of stock aforesaid, shall be directed Subscriptions to by resolution passed by the corporate constituted authorities of said be directed by boroughs respectively, and said corporations may be represented at the constituted elections and other meetings of said railroad company, by agents duly said boroughs. authorized by resolutions of the constituted authorities thereof.

authorities of

scribe on behalf

SECTION 3. That the commissioners of the county of Washington, Commissioners or a majority of them be, and they are hereby authorized and empow- of Washington ered to subscribe four thousand shares in the capital stock of the Hemp. county to subfield railroad company, in the name and in behalf of said county, of said county a and to borrow money to pay therefor, and to make provision for the certain number payment of the principal and interest of the money so borrowed, as in of shares. other cases of loans to corporations.

Certificates of

stock.

Guarantee.

SECTION 4. That the commissioners of said county, or a majority of them, may issue certificates of loan or bonds in the name of said county, redeemable in not less than ten, nor more than twenty-five years, bearing an interest of six per cent., payable semi-annually, which shall be transferable as may be directed by said commissioners, or a majority of them, and the said certificates of loan or bonds shall be received as cash by the said railroad company, in payment of instalments on shares of stock subscribed for said county, and the said company shall also pay, or provide for the payment of the interest accruing upon said certificates of loan or bonds, until the said railroad shall be completed, and the said county may be represented at elections and other meetings of said company, by agents duly authorized and appointed by resolutions of the board of commissioners of said county: Provided, That no certificate of loan or bonds shall be issued by the commissioners of said county, for a less sum than one hundred dollars.

SECTION 5. That the Hempfield railroad company, is hereby authorized to guarantee the payment of the principal or interest of any of the certificates of loan or bonds to be issued under this act.

SECTION 6. That the directors of the said Hempfield railroad comPayment of in-pany, are hereby authorized to pay to the shareholders entitled to erest on instal-receive the same, semi-annually, interest at the rate of six per cent.

ments.

Proviso.

Damages.

Proviso.

per annum, on all instalments paid by them, which interest shall be charged to the cost of construction, and continue to pay the same until the said road shall be completed, and that until the period for which a dividend shall be declared, all the profits and earnings of the said road shall be credited to the cost of construction: Provided, That no stockholder, who shall neglect to pay up the instalments as called for, shall be entitled to receive interest on the same: Provided further, That the stock of said company shall not be subject to any tax in consequence of the payment of the interest hereby authorized.

SECTION 7. That in all cases where the Hempfield railroad company, and the owners of land or materials, cannot agree on the amount of damages claimed, either for land or materials, the company may tender a bond with sufficient security to the party claiming damages, the condition of which shall be, that the company will pay, or caused to be paid, such amount of damages as the party shall be entitled to receive, after the same shall have been agreed upon by the parties, or assessed according to law: Provided, That in case the party or parties claiming damages, refuse to accept the bond as tendered by the company, the company may in every such case present their bonds to the Court of Common Pleas of the proper county, and if the court approve of the security, they shall direct said bonds to be filed for the benefit of those to whom they may be given, and said bonds shall be answerable as all other debts, for the amount of the damages assessed or agreed upon, if the same be not paid in a reasonable time after such assessment or agreement.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The twenty-fourth day of February, A. D., one thousand

eight hundred and fifty-two.

WM. BIGLER.

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