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Further privileges.

Policies or con

tracts to be subscribed by the president and secretary.

Clara Jane Brock legitimated.

form for the appointment of proxies, and to specify the evidence that may be required in the execution thereof, and at their pleasure to alter and modify the same.

SECTION 21. That the corporation hereby created shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, in all courts and places, and in all matters whatsoever, with full power to hold, possess, use, occupy and enjoy, all such real estate as shall be necessary for the transaction of its business, or which may be conveyed to said company as security or in payment for any debts that may be due or owing to the same, or in satisfaction of any judgment of any court of law, or any order or decree of a court of equity in their favor, and the same real estate sell, convey and dispose of, and may have a common seal and use at pleas ure, and to receive all proposals or applications for insurance in writing, as a warranty on the part of those insuring, and to base policies of insurance thereon, and to incorporate the same as a part of the contract between the company and the insured, and for the purpose of defining the rights of each contracting party.

SECTION 22. That all policies or contracts of insurance which may be made or entered into by said corporation, shall be subscribed by the president and secretary, or such other officers as shall be designated for that purpose by its by-laws, and being so signed, shall be binding and obligatory on said corporation, without the seal thereof, according to the true intent and meaning of such policy or contract.

SECTION 23. That Clara Jane, a daughter of William Brock, junior, and Catharine his wife, of the county of Schuylkill, shall have and enjoy all the rights and privileges of a child born in lawful wedlock, and shall be able and capable in law to inherit and transmit any estate whatsoever, as fully and effectually as if she had been born in lawful wedlock.

W. P. SCHELL,

Speaker of the House of Representatives.
THO. CARSON,

Speaker of the Senate.

APPROVED-This thirteenth day of April, A. D. eighteen hundred

and fifty-three.

WM. BIGLER.

No. 252.

AN ACT

To incorporate the Jeffersonville, Phoenixville and Chester Spring Plank Road company; relative to elections in Sadsbury township, Chester county; and to legitimate Thomas Mifflin Wistar.

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 Robert Jones, Benjamin Hartman, John Clevenstine, Henry Kimber, Isaac Commissioners. Pennypacker, Joshua Aman, Abraham Buckwalter, James Mellon, Samuel Moses, Jacob Bouch, Cephas Davis, Morris Maris, Samuel Hallman, John Ralston, George Christman, John Latshaw, Moses Moses, Samuel A. Whitaker, Alexander Kennedy, and Samuel Kremer, of Chester county, and Samuel E. Hartranft, John Heins, Thomas H. Wentz, Philip Hahn, John Schrach, Samuel W. Gumbes, James B. Evans, S. N. Rich, D. R. Brower, Theodore Morgan, William W. Taylor, William Davis, Abraham Brower, Joseph Whitaker, William Casselberry, Joel Fink, William Schall, John Shearer, Benjamin Jacobs, Joseph W. Hunsicker, John Kennedy, William Wetherill, Thomas P. Knox, B. Markley Boyer, Michael C. Boyer, William H. Shirgbeff, and A. W. Shearer, of Montgomery county, and John Price Wetherill, and George Cadwallader, of Philadelphia county, or any five of whom, shall have power to exercise all the powers hereby conferred, be and they are hereby appointed commissioners, to open books, receive subscriptions, and organize a company, by the name, style and Style. title of "The Jeffersonville, Phoenixville and Chester Spring plank road company," with power to construct a plank road from Jeffersonville, in Montgomery county, via. Phoenixville and Kimberton, to Chester Spring, in Chester county, with the privilege to extend the same so as to intersect the Conestoga turnpike and Lancaster turnpike, or either of them, by the nearest and best route or routes, as the stockholders

may determine upon, subject to all the provisions and restrictions of Subject to proan act entitled "An Act regulating turnpike and plank road compa- visions of cernies," approved the twenty-sixth day of January, one thousand eight tain act. hundred and forty-nine, and the several supplements thereto, excepting that portion of the thirteenth section of said act relating to tolls, which discriminates in favor of wheels of four inches and upwards, and Tolls. that portion of the eleventh section of said act which provides that the track of plank road erected under its provisions shall in no case rise or fall more than will form an angle of three degrees, with a horizontal line, and the company hereby incorporated shall have power to regulate their tolls without reference to the width of the wheels in any case, and without reference to the tolls taken by any bridge company whose bridge may be used in the route of the said road, and also to lay the track or bed of their road at any angle not exceeding four degrees with a horizontal line, and where the ground on the route of the said road, shall be so hard and compact as to make a good road without any covering of wood or plank, or where the same can be made hard and compact without such covering, it shall be lawful to construct the said road at such points without any covering of wood or plank, and the same shall forever thereafter

Capital stock.
Proviso.

To occupy

be kept and maintained in good repair by the said company, except however, where the same passes through incorporated towns.

SECTION 2. That the capital stock of said company shall consist of four thousand shares, of twenty dollars each: Provided, That the 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 necessary to complete the said road, and carry out the true intent and meaning of this act.

SECTION 3. That it shall be lawful for the said company to make bridges, streets, use of any county bridge on the line of the route of their road, and roads, &c. also use and occupy the whole, or any part of any public street or road, and locate their road upon the ground occupied by any public street or road, and the courts of quarter sessions of the respective counties through which the road of the said company shall pass, shall appoint viewers to view and vacate such parts of any public road as shall be used, or rendered useless, by the said company, as is provided by the general road laws of this Commonwealth, in the cases of roads which have become useless.

Commencement

of road.

SECTION 4. That if the said company shall not commence the conand completion struction of the said road within three years from the date of the pas sage of this act, and complete the same within ten years thereafter, this act shall be null and void, except so far as may be necessary to wind up the affairs and pay the debts of said company.

Repeal.

Thomas Mifflin

mated.

SECTION 5. That the provisions of an act approved the twenty-sixth day of February, one thousand eight hundred and fifty-three, entitled "An Act authorizing the election of four supervisors in Hempfield township, Westmoreland county, and for other purposes, so far as relates to the qualified voters of Sadsbury township, Chester county, determi ning by ballot the place of holding the general and township elections in said township, are hereby repealed.

SECTION 6. That Thomas Mifflin Wistar, son of Richard M. Wistar, Wistar legiti shall have and enjoy all the rights and benefits of a child born in lawful wedlock, and shall be able and capable in law, to inherit and transmit any estate whatsoever, as fully and effectually as if he had been born in lawful wedlock.

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APPROVED-This thirteenth day of April, A. D. eighteen hundred

and fifty-three.

WM. BIGLER.

No. 253.

AN ACT

To appoint commissioners to lay out certain roads in Allegheny county; and relative to a State Road in Montour and Northumberland counties; and to the Wattsburg and Warren Plank Road 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. William G. Hawkins, Christian Snively and George R. Riddle, be and are hereby appointed commissioners, to lay out such roads as may be necessary to connect the Monongahela cemetery with Braddock Field plank road, in the county of Allegheny, and the road located by them, when reported and returned to the court of quarter sessions of said county, shall be deemed and taken as a lawful public road: Provided, Proviso. That the said commissioners shall assess the damages that may accrue to any person or persons owners of the lands through which such road may pass, and that said road shall not be opened until after the damages so assessed shall have been paid by the managers of the Monongahela Cemetery company, and that the said company shall also pay for the making and keeping in repair of the said road.

SECTION 2. That any owner of property over which said road may Damages. pass, desirous of excepting to the assessment of damages made by said commissioners, may have said proccedings removed to any court of Allegheny county having jurisdiction of the same, and on such removal the said Cemetery company shall give security, to the satisfaction of the court, for the payment of such damages as may be finally approved, and upon such removal, such further proceedings may be had in said court as are prescribed by the general road laws.

SECTION 3. That William Montgomery, of Montour county, John Commissioners. Murray and William H. Man, of Northumberland county, be and they are hereby appointed commissioners, to view and lay out a State road from Limestoneville, in Montour county, by the nearest and best

route, to the borough of Milton, in Northumberland county.

SECTION 4. That it shall be the duty of said commissioners, or Duties of coma majority of them, after taking and subscribing an oath or affirmation missioners. before a justice of the peace to perform the duties enjoined upon them by this act with fidelity and impartiality, to carefully view the ground over which the said road may pass, and lay out and mark the same upon the ground, on 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 said commissioners are hereby authorized to employ two chain carriers, at a per diem allowance not exceeding one dollar each, and the said com- Compensation. missioners respectively shall receive a per diem allowance not exceeding two dollars for each and every day necessarily employed in the discharge of the duties enjoined by this act, which shall be paid by the treasurers of the counties of Montour and Northumberland, upon the rendition of the accounts of said commissioners.

SECTION 5. That it shall be the duty of said commissioners to make Drafts to be out a fair and accurate draft of the location of said road, respectively made out and noting thereon courses and distances as they occur, with such other

filed.

Wattsburg and Warren plank road, time for

construction extended.

matters as may serve for explanation, a copy whereof to be deposited in the office of the Secretary of the Commonwealth, before the first day of June next, and one copy in the offices of the clerks of quarter sessions of the respective counties in which the said road may be located, 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 the order of the courts aforesaid.

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SECTION 6. That the time for the commencement of the construction of the Wattsburg and Warren Plank Road company, incorporated by an act passed the twenty-fourth day of March, one thousand eight hundred and forty-nine, is hereby extended to another term of three years, and the said Wattsburg and Warren Plank Road company are hereby authorized to terminate their road at the town of Columbus, in Warren county.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,

Speaker of the Senate.

APPROVED-The thirteenth day of April, one thousand eight hundred and fifty-three.

WM. BIGLER.

Commissioners.

Style.

Subject to provisions of certain act.

No. 254.

AN ACT

Authorizing the Governor to incorporate the Darby and Springfield Turnpike or Plank Road company; and repealing the third, fourth, fifth, sixth, seventh, and eighth sections of an act relating to certain school districts and roads in Perry county, and for other purposes, so far as they apply to Oliver township, in said county. •

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 Sketchley Morton, James Andrews, William Eves, Eli D. Pierce, Isaac Halderman, D. R. Hawkins, Thomas Horne, William C. Longstreth, Isaac Hibberd, William Ogden, Isaac L. Bartram, William Jones, Thomas L. Bartram, John B. Bartram, Jacob S. Serrill, Joseph M. Bunting, and John H. Andrews, be and they, or a majority of them, are hereby appointed commissioners, to open books, receive subscriptions, and organize a company, by the name, style and title of "The Darby or Springfield Turnpike or Plank Road company," with power to construct a turnpike or plank road upon and along the Springfield and Providence road, commencing at the junction of the Springfield and Great Southern post road in the village of Darby, in the county of Delaware; thence extending upon and along the line of the Springfield road to the Providence road; thence upon and along the line of the said Providence road to the intersection of the Delaware County turnpike road at or near Thompson's

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