Loans SECTION 4. That it shall be lawful for the president and managers of the said company, from time to time, and at all times, to borrow or to obtain on loans, such sums of money, and on such terms as they may deem expedient, for the use of said company in constructing their roads, and to issue certifi- Certificates cates of loan therefor, in sums not less than one hundred dollars, and to pledge and mortgage all or any pa t of the estates, Security tolls, railroad, improvements, privileges, effects and assetts whatsoever of the said company, for the repayment of said sums of money so borrowed, at such times as may be agreed upon, and if it may be deemed expedient, convert the same into stock. shares ECTION 5 That a single certificate may be issued for the Certificates of whole number of shares owned or held by each individual or firm, of the capital of said company, and only for each share separately, when required by the owner or owners thereof. And that the stockholders shall meet in December, in every Annual meetyear, or at such time and place as may be fixed upon by the ing by-laws, of which notice shall be given at least twenty days, by the president or secretary, in a newspaper published in Schuylkill county, Pennsylvania, and any others they may order or direct, for the purpose of electing their officers for the ensuing year, and transact such other business as they have power to do by law; and that the president or secretary shall annually on the same day, transmit to the auditor general, the Annual statestatement required by the twenty-fifth section of the act passed ment to audithe second April, one thousand eight hundred and thirty-one, tor general instead of the first Monday in December, as required by said section. WM. A. CRABB, Speaker of the House of Representatives. JN. H. EWING, Speaker of the Senate. APPROVED-This twenty-fifth day of March, Anno Domini one thousand eight hundred and forty-one. DAVID R. PORTER. Time for recording deeds &c limited [No. 54.] A FURTHER SUPPLEMENT To an act entitled "An act for acknowledging and recording of deeds.” SECTION 1. Be it enacted by the Senate and House of Rezresentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of all persons who claim lands or tenements in this Commonwealth, under or by any virtue of any deeds or conveyances bearing date previously to the act of eighteenth March, Anno Domini one thousand seven hundred and seventy-five, to which this is a supplement, to have the same recorded in the proper county, in the manner now provided by law, within two years from the date hereof. Unrecorded SECTION 2. No such deed which shall remain unrecorded deeds not ad- as aforesaid. for the said term of two years, shall be permitted mmitted as evi- to be given in evidence in any of the courts of this Commondence except wealth, unless proven or acknowledged according to the act in certain cases When unrecorded deeds declared fraudulent to which this is a supplement, or unless proven in the manner in which other instruments of writing are proven, by subscribing witnesses or proof of hand writing, or unless the actual possession of the land has accompanied the said deed. SECTION 3. All such deeds remaining unrecorded for the said term of two years as aforesaid, shall be adjudged fraudulent and void against any subsequent bonafide purchase cr mortgagee, for valuable consideration, without notice. WM. A. CRABB, Speaker of the House of Representatives. APPROVED-The twenty-sixth day of March, one thousand eight hundred and forty-one. Speaker of the Senate DAVID R. PORTER. [No. 55.] AN ACT Authorizing the laying out and locating a State Road from Hollidaysburg, in Huntingdon county, to the Cherry Tree on the Susquehanna river, in Indiana county, and declaring Anderson's creek, in Clearfield county, public highway, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Peter Hewit and Elias Baker, of Huntingdon county, Henry J. Maguire, Robert Cresswell and James Ross, of Cambria county, and Heth F. Camp, of Indiana county, or any three of them, be and they are hereby appointed commissioners, to view and lay out a state road from Hollidaysburg, in Huntingdon county; thence by the nearest and best route, to a place called the Cherry Tree, being a corner of the counties of Cambria, Clearfield, and Indian. Commis'rs Route SECTION 2. That it shall be the duty of said commissioners respectively, or any three of them-after taking and subscribing Qualification an oath or affirmation before a justice of the peac to perform the duties enjoined upon them by this act, with impartiality Duties and fidelity to carefully view the ground over which said road may pass, and to lay out the same as near to a straight line between the aforesaid points, as the nature of the ground and other important circumstances will permit, so that the vertical departure from a horizontal line shall, at no point, exceed five degrees, except only at crossing ravines and streams, where by moderate filling or bridging the declination of said road, it may be preserved within that limit. SECTION 3. Ihat it shall be the duty of said commissioncrs respectively, plainly and distinctly, to mark the ground on Mark route the route agreed upon for the road aforesaid, in such manner as to enable the supervisors readily to find the same; and for the purpose of fulfilling the duties in this act enjoined, the commissioners respectively are, hereby authorized to employ Surveyor &c one surveyor, at a per diem allowance not exceeding two dol- compensation lars, and two chain carriers and one axeman, at a per diem allowance not exceeding seventy-five cents to each. And the said commissioners respectively, shall receive a per diem Comm'rs pay allowance of one dollar and fifty cents, for each and every day necessarily spent in discharge of the duties enjoined by this act, to be paid in manner and form as hereinafter directed. Drafts Where deposited Comm'rs ac settled &c SECTION 4. That it shall be the duty of said commissioners, to make out fair and accurate drafts of the location of said road, noting thereon the courses and distances as they occur, the improvements passed through, and also the crossing of township lines, roads and waters, with such other matters as may serve for explanation, one copy whereof shall be deposited in the office of the secretary of the commonwealth, on or before the twentieth day of January next, and one copy in the office of the clerk of the court of quarter sessions, of each of the counties in which any portion of the said road may be located, on or before the said twentieth day of January next, which shall be a record thereof; and from thenceforth, the said road shall be to all intents and purposes a public highway, and shall be opened to the breadth and repaired in all respects as roads are opened and repaired, which are laid out by order of the courts of quarter sessions aforesaid. SECTION 5. That the accounts of said commissioners for counts how their own pay, and the pay of surveyors, chain carriers and so forth, shall be made out and returned to the commissioners of the respective counties in which any portion of the said road may be located, in proportion to the time spent by them in each of the respective counties, in locating said road, and that they be paid out of the treasury of each of the aforesaid counties, on warrants drawn in the usual way. To meet first Anderson's way SECTION 6. That the said commissioners shall meet at the borough of Hollidaysburg, in the county of Huntingdon, on or before the first day of May next, or as soon thereafter as practicable, and complete the location of said road as soon as practicable; and if any vacancy or vacancies shall happen by resignation or otherwise, the court of quarter sessions of Huntingdon county, shall fill said vacancy or vacancies, by the appointment of suitable persons, who shall perform said duty. SECTION 7. That Anderson's creek, in Clearfield county, creek declared frou the mouth thereof to Brady's mills, shall be and the same a public high- is hereby declared a public highway, for the passage of rafts, boats and other water craft; and it shall be lawful for the inhabitants desirous of using the navigation of said creek, to reObstructions move all natural and artificial obstructions which may be in how removed the same, excepting bridges, dams for mills, or other water works; and also to erect such slopes at the mill dams now built on said creek, as may be necessary for the passage of rafts, boats, or other water craft: Provided, Such slopes be so constructed as not to injure the work of said dams: And provided also, That any person or persons owning or possessing lands on said creek, shall have liberty to construct any dam or Dams &c per- dams across the same, agreeably and subject to all restrictions and provisions of the laws of this Commonwealth, authorizing persons owning lands adjoining navigable streams of water Proviso 2d proviso mitted declared public highways, to erect dams upon such streams, for mills and other water works. SECTION 8. That in all cases in which a writ to sequester Millerstown the goods, chattles, tolls and effects of the Millerstown and & Lewistown Lewistown turnpike company, and the Huntingdon, Cambria turnpike, and and Indiana turnpike road company, has been issued or may Cambria and Huntingdon, hereafter issue, and a sequestrator has been or hereafter shall be Indiana turnappointed, under the seventy-fourth section of an "act relating pike road to executions," passed the sixteenth day of June, one thou- companies sand eight hundred and thirty-six, it shall be lawful, at any time, for the plaintiff or plaintiffs, in the judgments on whose bill or petition the sequestrator shall have been appointed, his, her, or their agent or attorney, to withdraw the proceedings Writ of sefrom the court wherein said bill or petition may have been questration presented, and proceed to recover said judgment in the same proceedings manner as if no such proceedings had been instituted; and drawn such withdrawal and discontinuance of the proceedings, shall be entered on the records of said court, and notice thercof given to said sequestrator; from which time his powers and duties shall cease and be determined, except so far as may be necessary for the settlement and payment of his accounts. powers shall And all the effects and estate of the corporation, shall revert cease to and be revested in said corporation, in the same menner as if no sequestrator had been appointed. SECTION 9. And be it further enacted, That when such how with When se questrator's judgments shall be paid, reversed or satisfied, and so entered Judgment &c on the docket, such payment, reversal or satisfaction, shall have the same effect as a withdrawal of the proceedings as aforesaid. SECTION 10. That the time appointed for the performance Juniata naviof certain duties enjoined upon the commissioners named in gation comp the first section of the act of eighteenth January, eighteen comm'rs duty hundred and forty, entitled "An act to incorporate the Juniata extended Navigation company," be extended to the first day of Novem ber next. cated SECTION 11. That the state road laid out from Centreville, Stite road in by the way of East Brook, to Henry Pearson's mill, in Mercer Mercer co vacounty, be and the same is hereby vacated, as fully to all intents and purposes, as though the same had never been located: Provided, That where work has been done in said road, or Proviso damages have been assessed and paid over, the same shall be good and valid. WM. A. CRABB, Speaker of the House of Representatives. JN. H. EWING, Speaker of the Senate. APPROVED-The twenty-seventh day of March, one thou sand eight hundred and forty-one. DAVID R. PORTER. |