Number not be taught gratis; Provided, the number so admitted shall at no to exceed time be greater than four, and that none of the said children so four. admitted, shall continue in said academy to be taught gratis, should others apply longer than two years.

Trustees to

SECT. V. And be it further enacted by the authority aforesaid, That the said trustees under the penalty of forty dollars each, to exhibit their be recovered for the use of said corporation, as debts to that accounts to amount are by law recoverable, shall annually exhibit all their the audibooks, accounts, and vouchers of every kind to the auditors of tors of Bedford county the said county of Bedford, if the said auditors or any two of them shall require the same to be settled, adjusted, and publish- nalty of 40 ed in the same manner as the accounts of the county commis- dollars. sioners are by law directed to be settled, adjusted and pub

lished.

under a pe

charter of

SECT. VI. And be it further enacted by the authority aforesaid, Present That on the receipt of the two thousand dollars herein before said acade mentioned, by the trustees aforesaid, the present charter of the my to be Bedford academy shall be null and void.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the twentieth day of March, one thousand eight

void.

hundred and ten.

:0:

SIMON SNYDER.

CHAPTER CXVIII.

A supplement to an act entitled "An act to enable the Governor of this Commonwealth to incorporate a company for making an artificial road from the intersection of Front street and the Germantown road in the Northern Liberties of the city of Philadelphia, through Frankford and Bristol, to the Ferry at Morrisville, on the river Delaware," and the several acts supplementary thereto.

WI

HEREAS, the "several acts of the general assembly re

street and the Germantown road in the Northern Liberties of the city of Philadelphia, through Frankford and Bristol, to the Ferry at Morrisville on the river Delaware, do not provide at mode for ascertaining and paying a just compensation to individual citizens, whose property, rights and privileges it may be necessary to purchase, take and hold for the uses of the president, managers and company of the Frankford and Bristol turnpike road, authorized by the said acts to make the said road, and to erect a bridge over the Neshaminy creek. And whereas however desirable it may be to encourage and promote the prosecution of the public objects of the said president, managers

managers

of the Frank

and company of the Frankford and Bristol turnpike road, it was not, and is not intended by the legislature to impair or to destroy the property, rights, and privileges of one set of citizens merely for the purpose of transferring the same, with all the emoluments thereof to another set of citizens. And whereas it appears to the general assembly, that to empower the said president, managers and company of the Frankford and Bristol turnpike road to make a road on the said route, or to erect a bridge over the said creek for the emolument of the said company, by taking and possessing any private estate, property, or privilege heretofore established, sanctioned and enjoyed by law, custom or usage, without paying a reasonable compensation therefor, would be an infraction of constitutional and equitable principles: Therefore,

SECT. I. 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, President, That whenever the said president, managers and company of the Frankford and Bristol turnpike road shall be desirous for and company the purpose of making the said turnpike road, leading from ford and the intersection of Front-street and the Germantown road, in Bristol turn- the Northern Liberties of the city of Philadelphia, through pike compa- Frankford and Bristol to the ferry at Morrisville, on the river ny to make Delaware, or for the purpose of erecting the said bridge over value of Neshaminy creek to take, possess and hold any private estate, lands to be property or privilege heretofore established, sanctioned, and enheld by joyed by law, custom or usage, they shall cause the value of such private estate, property or privilege to be first valued and fixed, value shall and the amount of the valuation thereof shall be first paid or be ascertain-tendered to the owner or claimant of such estate, property, or

tender of the

them.

How said

ed.

privilege, in the manner hereinafter specified, that is to say, if the parties cannot agree upon any three persons, then the prothonotary of the court of common pleas, of the proper county in which the estate, property or privilege shall lie, or be enjoyed, upon application made to him, by either party of which application the party applying, shall give the opposite party notice, shall appoint three respectable and disinterested freeholders, residents of the proper county in which the estate, property, or privilege shall lie and be enjoyed, and the three freeholders so agreed upon by the parties, or appointed by the prothonotary, shall, after being first sworn or affirmed, proceed to value any such estate, property, or privilege, conformably to the principles of equity and justice, and the valuation of the said freeholders or Award of any two of them certified to the said court of common pleas, a copy of which shall be delivered to the parties, shall be concluto be final. sive; and the said president, managers and company of the Frankford and Bristol turnpike road, having first made or tendered

the referees

the payment of the amount of such valuation to the proper party (but not otherwise) shall be entitled to enter upon, take, hold, possess and enjoy forever the estate, property, or privilege so valued, and therefrom* to eject and remove the previous owner or claimant.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the twentieth day of March, one thousand eight hundred and ten.

SIMON SNYDER.

CHAPTER CXIX.

A supplement to an act entitled, “An act to authorize Robert Kennedy, his heirs and assigns, to dig and support a Mill race, in and adjacent to the river Schuylkill near its falls."

SECT. I. 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 so much of the fourth section of the act to which this is a supplement as limits the toll therein mentioned to thirty-three The 4th Seccents be, and the same is hereby repealed, and that the said Ro- tion of the bert Kennedy, his heirs and assigns, are hereby authorized on original act repealed. his or their having completed, on the western side of the river R. Kennedy Schuylkill, at or near its falls, a convenient and well-constructed &c. to relock of at least seventy-five feet in length, and twenty feet in ceive 50 cts. width for the safe and convenient passage of all boats and rafts using the navigation of said river, under the restrictions (except-gating ing only as aforesaid) in the said act mentioned, to demand and through his receive from the masters, owner, or supercargo, or any other Lock. son or persons navigating any and every boat passing through the said lock, fifty cents to be paid before such boat pass through

the same.

per

SECT. II. And be it further enacted by the authority aforesaid,

from each

person navi

That nothing in this act shall be so construed as to authorize said Kennethe aforesaid Robert Kennedy, his heirs or assigns, to erect any dy not to water works on the western side of the river Schuylkill, where erect water the aforesaid lock shall be made.

SECT. III. And be it further enacted by the authority aforesaid, That so much of the first section of the act to which this act is a supplement as directs the said Robert Kennedy, his heirs and assigns, at his and their own proper costs, to fill up înterstices so as to prevent the water from passing between the

* "Therefore," in the original.

works, &c.

Part of the the first Section

of the origi

nal act repealed.

rocks at the said falls, except in the channel, that is now used for the purpose of navigation, shall be, and the same is hereby res pealed.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate

APPROVED the twentieth day of March, one thousand eight hundred and ten.

SIMON SNYDER.

in Carmichael's town.

Style and title of

Commis

sioners

named.

Who and

CHAPTER CXX.

An Act establishing an academy in Carmichael's town, in the county of Greene.

SECT. I. 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 An academy of the same, That there shall be, and hereby is established, in established Carmichael's town, in the county of Greene, an academy or public school, for the education of youth in the English and other languages, in the useful arts, sciences and literature, by the name, style, and title of "Greene Academy," under the care, direction and government of six trustees, to wit: Charles Swan, James Fleniken, George Evans, Robert Lewis, Robert Whitehill junior and Hugh Barclay, which said trustees, and their successors, to be elected as is hereinafter mentioned, their succes- shall be, and hereby are declared to be one body politic and corporate in deed, and in law, by the name style and title of "The Trustees of Greene Academy," invested with similar Powers and powers and required to perform similar duties to those vested in, and directed to be performed by the trustees of Union academy in the county of Fayette, under the directions and provisions of the act entitled "An act establishing an Academy in the borough of Uniontown in the county of Fayette," passed February fourth, one thousand eight hundred and eight, except as is otherwise provided for by this act.

sors shall be

a body poli

tic.

duties of.

Style of the

corporation.

trustees to be six. Their term of service.

SECT. II. And be it further enacted by the authority afore Number of said, That the number of trustees shall be six, as aforesaid, and shall be so changed as that none of them shall continue in office for a longer term than six years, without being re-elected by the people of the said county, and for that purpose it shall be the duty of the said trustees at their first meeting, when not less than four of them shall be present (which numto be a quo- ber of members shall be a board or quorum to do business) and they are hereby authorized and required to cast lots for ascertaining the member to be changed each year until the whole number shall be changed, and in order annually to supply the va

4 of whom

rum.

cancy, as the same may take place, the citizens of the said county How the of Greene on the second Tuesday of October next, and annually members thereafter forever at the same places, in the same manner and shall be under the same laws, rules, and regulations as members of the Elections for state legislature shall be chosen, shall elect one trustee to supply to be held, the place of the trustee, so going out of office; Provided, That &c. trustees so going out shall always be eligible to the office of trus

tee.

Proviso.

SECT. III. And be it further enacted by the authority aforesaid, That the first meeting of the said trustees shall be at Carmichael's town, on the third Tuesday of May next, and meetings of the said trustees shall be held annually at the same place there- Annualmeet. after forever, with power to adjourn from time to time, as may held, &c. ings to be by them be found convenient and useful for the said institution.

Treasurer to

SECT. IV. And be it further enacted by the authority aforesaid, That the trustees shall appoint a treasurer annually, who shall receive and hold all monies belonging to the institution, and pay be appointed. the same on orders signed by the board; he shall keep fair ac- Duties of. counts thereof, to be open at all times to the inspection of the trustees, and before he enter upon the duties of his office give bond in any sum at their discretion, with two or more sufficient Shall give sureties conditioned for the faithful performance of the duties bond, &c. enjoined, and the repayment of all monies received by him which bond shall be deposited with the prothonotary of the

county.

my.

SECT. V. And be it further enacted by the authority aforesaid, 2000 dollars That the sum of two thousand dollars be, and the same is hereby granted to granted out of any unappropriated money which shall be in the said Acadetreasury of this commonwealth, to be paid to the treasurer of the Appropria institution, by the state treasurer, on the order or orders of the said tion of. trustees, or any four of them herein before mentioned, to be applied under their directions, one thousand dollars thereof in the erecting or repairing of buildings suitable for the accommodation of the institution, and the purchasing of books, mathematical instruments, and the necessary philosophical apparatus, and the remaining one thousand dollars to be placed in some safe fund, and the income thereof, for ever to be applied in compensating a teacher or teachers in the education of the children of the poor. And Poor chilthere shall be admitted into said Academy in consequence of the admitted inaforesaid grant, any number of poor children that may at any to said Acatime be offered, in order to be taught gratis; Provided, The demy. number so admitted and taught shall at no time be greater than Number of, six, and that none of the said children so admitted shall con- ceed six. tinue in said Academy, to be taught gratis, should others apply, said 2000 longer than two years: And Provided further, 'That the aforesaid dollars not sum of two thousand dollars shall not be drawn from the State treasury, until the trustees or vestrymen of the Episcopalian Con- tain building

A a

dren to be

not to ex

to be drawn until a cer