Clinton county. In the county of Clinton on the second Monday of June next, and thereafter on the days authorized by law previous to the passage of the act, approved April ninth, one thousand eight hundred and fifty. three, entitled "An Act relating to the judicial districts of this Commonwealth."

ulated.

Returns of SECTION 2. That all writs, rules, recognizances, orders and decrees writs, &c., reg- made returnable in any of said courts to the terms as fixed by law prior to the passage of said act of April ninth, one thousand eight hundred and fifty-three, shall be considered as extended, continued and returnable to the terms as fixed by this act.

Repeal.

SECTION 3. That all laws or parts of laws inconsistent with the provisions of this act, or altered and supplied thereby, are hereby repealed.

W. P. SCHELL,

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

WM. BIGLER.

No. 268.

AN ACT

Incorporating the Panther Creek and Laurel Run 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. Samuel Bradford, F. McDonald, Samuel H. Rothermell, Jacob Serrill,

Capital stock.

Powers.

Charles B. Potlinger, Jno. P. Sanderson, George Payne, and M. G. Heilner, or any three of them, be and they are hereby appointed commissioners, to open books for the purpose of receiving subscriptions to the capital stock of the company hereinafter directed to be incorporated.

SECTION 2. That the capital stock of the said company shall be three hundred thousand dollars, which said capital may at any time be increased, if required, to any sum not exceeding six hundred thousand dollars.

SECTION 3. That the Panther creek and Laurel run railroad com. pany, hereby directed to be incorporated, shall be and hereby is invested with all the rights and powers necessary for the construction of a railroad and repairs of the same, from the mouth of Laurel run, Schuylkill county, to connect with the Philadelphia and Reading railRight to make road, with the right to make such lateral branches, each not exceeding six miles in length, as the exigencies of trade may from time to time require.

branches.

restrictions of

SECTION 4. That the said company shall be entitled to all the rights Subject to proand privileges, and be subject to all the restrictions and regulations visions and provided for in the act entitled "An Act regulating railroad compa- certain act. nies," approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine, which are not inconsistent with

this act.

SECTION 5. That the said company shall not charge a higher rate Rate of toll. for toll and transportation on all commodities transported over their roads, than one and three quarter cents per ton per mile.

an act of 7th A

SECTION 6. That the twelfth section of an act to incorporate the 12th section of Penns plank road company; annexing the county of Clinton to the middle district of the supreme court; and so forth, approved the sev- pril, how to be enth day of April, one thousand eight hundred and fifty-three, shall be construed. so construed as to repeal only so much of the act therein referred to as relates to the borough of Easton, in the county of Northampton.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,

Speaker of the Senate.

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

WM. BIGLER.

No. 269.

AN ACT

To incorporate the Amphictian Lodge number three hundred and fifty-six, Independent Order of Odd Fellows, of Salem, in the county of Wayne; authorizing the sale of the real estate of Milton Dimmick, deceased; legitimating George W. Killam and Emily Miles; vacating a portion of Schuylkill Second street, in the district of Spring Garden; authorizing a special election in the borough of Tamaqua; and authorizing the laying out of a State road from Morgan's mill, in Beaver county, to West Middletown, in Washington 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 Amphictian Richard Evan, John Nash, A. B. Walker, E. Watrons, and other mem- lodge, corporabers of the Amphictian Lodge number three hundred and fifty-six, In- tors. dependent Order of Odd Fellows, of Salem, in the county of Wayne, and their successors, and all persons who hereafter may be associated with them, be and they are hereby created and erected into a body politic and corporate, in deed and in law, by the name, style and title Style. of "The Amphictian Lodge," and by that name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded, in any court of law or equity, or elsewhere, and shall be able and capable Privileges. in law and in equity to take and hold, to them and their successors,

Proviso.

Object.

May have a seal, &c.

Trustees.

Reservation.
Proviso.

Wm. H. Dim

either by grant, gift, devise or lease, any lands or real estate, for the purpose of erecting thereon a suitable building or buildings for the use of said association, and also to take and hold for the use of the said association, any goods and chattels, sum or sums of money, by gift, grant, bargain, sale, will, devise or bequest, from any person or persons whatsoever capable of making the same, and the same at their ples sure to grant, bargain and sell, lease or mortgage, for the use or benefit of the said association, and generally to do all and any of the matters and things which shall be lawful for them to do for the well-being and due management of the affairs of the said association: Provided, That the real estate of which the said corporation shall be at any time possessed of shall not exceed the clear yearly value of three thonsand dollars.

SECTION 2. That the object of said association shall be to provide, erect, and furnish a hall or suitable building or buildings, in the township of Salem, and county of Wayne, for the accommodation of such association or societies, and for such other purposes as they shall deem proper.

SECTION 3. That it shall and may be lawful for said incorporation to have a common seal, and the same at their will and pleasure to change, alter and renew, as they shall deem proper, and shall have and exercise all the rights and privileges and immunities necessary for the purpose of the incorporation, and as herein expressed.

SECTION 4. That the government of the Odd Fellows of Salem, and the management and disposition of its affairs and property, shall be vested in a board of trustees, who shall be elected annually, at such time and in such manner as the said association shall by its by-laws provide; at the first meeting of the trustees after their election in each year they shall choose from their body a president, secretary and

treasurer.

SECTION 5. That the Legislature reserves the right to alter, revoke and annul this charter, whenever in their opinion such revocation shall be considered necessary for the public interest: Provided, That no injustice shall be done to the corporators thereof.

SECTION 6. That William H. Dimmick, guardian, or M. M. Dimmick, guardian, mick, administrator of the estate of Milton Dimmick, deceased, late authorized to of Pike county, be and they or either of them are hereby authorized sell real estate. to sell and convey, either at public or private sale, any real estate, or interest in real estate, which the said Milton Dimmick may have owned at the time of his death, for cash or on a credit: Provided, That the said administrator or guardian shall give bonds with security, for the faithful application of the proceeds of sale, and which bond shall be approved of and filed in the orphans' court of Pike county, and the said sale shall also be approved of by the said court.

Proviso.

Geo. W. Killam and Emily

SECTION 7. That George W. Killam, son, and Emily Miles, daugh ter, of George Killam, late of Wayne county, shall have and enjoy all Miles, to legiti- the rights and privileges, benefits and advantages, of children born in lawful wedlock, and shall be able and capable in law to inherit and transmit any estate whatsoever, as fully and completely, to all intents and purposes, as if they had been born in lawful wedlock.

mate.

Schuylkill sec- SECTION 8. That so much of Schuylkill Second street as is laid out ond street, Phil on the plan of the district of Spring Garden, in the county of Phila adelphia, part delphia, by the surveyor of said districts, as lays between Parrish and Brown streets, be and the same is hereby vacated: Provided, Said vacation be first approved by the board of commissioners of said dis

vacated.

Proviso.

trict.

SECTION 9. That it shall be lawful for the qualified voters of the South ward, TaSouth ward of the borough of Tamaqua, in the county of Schuylkill, maqua, Schuylto hold a special election for a justice of the peace to fill the vacancy special election kill county, caused by the removal of Albert H. Denel, and it shall be the duty of authorized. the constable of said ward, as soon after the passage of this act as practicable, to give at least ten days notice, in the manner now directed by law in regard to township elections; designating the time at which such special election will be held to supply such vacancy, and the said election shall be held at the usual place of holding township elections within said ward, and be conducted by the officers that held the last election in said ward.

SECTION 10. That Findley Patterson, Doctor William Dunnon, of Commissioners. Burgetstown, and John Cratty, of Cross creek village, in Washington county, be and they are hereby appointed commissioners to do certain matters and things, as is specified and described in the following sections of this act:

SECTION 11. That it shall be the duty of the said board of com- Duties. missioners, or a majority of them, after being sworn or affirmed by a justice of the peace, to perform the duties enjoined on them by this act with fidelity and impartiality, to meet at some point fixed by themselves, on or before the first Tuesday in May, one thousand eight hundred and

fifty-three, and proceed to view and explore the different routes that To view and demay be considered practicable for a State road, of the character desired termine route by the petitioners, from J. Morgan's mill, in Beaver county, by the for a State road. Bavington mills and Burgetstown, to West Middletown, in Washington county, and to determine on the most practicable route, having regard

to the shortest distance, the least injury to private property, and the public good.

SECTION 12. That it shall be the duty of said commissioners to ap- Surveyor, &c. print one of themselves who is an artist, or some other fit surveyor, who shall take to his assistance two chain-bearers and one axe-man, and proceed immediately after the adoption of the route to survey and grade the same, as near a straight line as possible, thirty-three feet in width, and not to exceed at any point four degrees from a horizontal line, except at crossing ravines and streams, when by moderate excavation, filling, or bridging, the declination may be preserved within that limit.

SECTION 13. That it shall be the duty of the artist plainly and dis- Location to be tinctly to mark the location of said road, and make out two fair and marked and accurate drafts of the same, noting therein the courses and distances drafts made out. as they occur, the improvements passed through, and also the crossing. of township lines, roads and waters, and 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 first Tuesday of January, Anno Domini one thousand eight hundred and fifty-four, and one copy in the office of the clerk of the court of the county of Washington, on or before the day aforesaid, which shall be record thereof, and from thenceforth the said road shall be to all intents and purposes a public highway, and shall be opened and repaired in all respects as roads are opened and repaired which are laid out by order of the courts: Provided, however, It may be opened under the direction of the artist, in case there is no additional expense on the counties or townships.

Proviso.

SECTION 14 That said commissioners shall have power to vacate so Authority to vamuch of any road as may be supplied by the new one, if it should ap- cate other roads. pear expedient so to do, and in case access to any branch or lateral road may be obstructed by vacating any part of roads so supplied, it

Damages.

To supply

vacancies.

Compensation.

Supervisor to apply tax to road.

shall be the duty of the artist to connect all such lateral or cross roads with the main line of road, and show the connection in the drafts aforesaid.

SECTION 15. That it shall be the duty of the commissioners to endeavor to procure from the persons through whose land such location may be made, releases for all claims of damages that might arise from opening the same, and in every case where said commissioners shall fail to procure such releases, and it shall appear to them that any damages will be sustained, they shall assess the damages, and make report thereof, signed by a majority of them, and return the same, together with all releases obtained, to the court of quarter sessions of the county in which such damages may accrue.

SECTION 16. That if any vacancy should occur by resignation or otherwise, in the board of commissioners, the remaining members of the board shall call to their assistance a suitable person, who, when sworn or affirmed, shall have the same power as though he had been named in this act.

SECTION 17. That the commissioners and artist shall receive for their services one dollar and fifty cents for each day engaged in the discharge of the several duties enjoined on them by this act, and the chain-bearers and axe-man shall each receive one dollar per day for each day on service in locating said road; the accounts of the commissioners, surveyor, chain-bearers and axe-man shall be made out and returned to the commissioners of each county, in proportion to the time spent in viewing and locating said road, and the said accounts shall be paid out of the treasury of the respective counties, on warrants drawn in the usual

way.

SECTION 18. That the supervisors of roads in the several townships through which this road may pass, are authorized and required to apply at least one-half of the tax assessed for road purposes on property lying and being within one mile of said road each year, until it is made good.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,

Speaker of the Senate.

APPROVED The fifteenth day of April, A. D. one thousand eight

hundred and fifty-three.

WM. BIGLER.