title of "The Plymouth and Upper Dublin Turnpike Road company," with power to locate and construct a turnpike road, commencing at Location. Plymouth meeting, in Montgomery county, and continuing on or near the bed of the road, by the best and most practicable route, by way of the Broad-axe to the Bethlehem turnpike road, so called, at the commencement of the Lewisville and Prospectville turnpike road, in the township of Upper Dublin, in said county, subject to all the provisions Subject to proand restrictions of an act regulating turnpike and plank road com- visions and repanies, approved on the twenty-sixth day of January, Anno Domini strictions of cerone thousand eight hundred and forty-nine, and the several supplements thereto, so far as the same are not inconsistent with this and the subsequent sections of this act. tain act. SECTION 2. That the capital stock of this company shall consist of Capital stock. five hundred shares, of twenty-five dollars each. SECTION 3. That the grade of said road shall in no place exceed Grade and three degrees from a horizontal line, and the said company shall not route. be restricted to the bed of the present road between the points named, but may alter and change the present road wherever they may deem it best. SECTION 4. That if the said company shall not commence the con- When to be struction of the said road within three years after the passage of this commenced and completed. act, and shall not complete the same within five years, this act shall be null and void, except so far as is necessary to settle the affairs of the company, except between Plymouth and the Broad-axe, on which they shall follow the present road, being the dividing line between the townships of Plymouth, Whitpain and Whitemarsh. SECTION 5. That the supervisors of the highways of the townships Supervisors of of Whitemarsh, Plymouth, Whitpain, and Upper Dublin, shall, in ad- certain towndition to the powers vested in them by the act of Assembly approved ships authorized April the fifth, Anno Domini one thousand eight hundred and forty- to borrow motwo, authorizing subscriptions to be made to turnpike roads, be further ney. authorized and empowered to borrow money to pay the instalments on the stock so subscribed, and to issue certificates for the same, bearing an interest not exceeding six per cent. per annum, and payable at any time not exceeding ten years, which certificate shall be binding on said townships, and if said road shall be laid out on the line dividing any of said townships, the said supervisors are hereby as fully authorized to subscribe for stock in said turnpike as if the same were laid out wholly in such township, or either of them. SECTION 6. That the court of common pleas of Montgomery county, Montgomery in addition to the powers heretofore conferred, shall have the same co., chancery chancery powers and jurisdictions which are now by law vested in powers. the courts of common pleas of Philadelphia county. SECTION 7. That the assessors of the borough of Conshohocken, in Conshohocken, the county of Montgomery, shall annually, when taking the names of Montgomery the taxable inhabitants of said borough, take an accurate account of co., dog tax. all dogs upwards of one month of age, male or female, owned, possessed, or kept by any person or persons within said borough, and furnish the same to the auditors thereof, whereupon the said auditors shall levy and cause to be collected annually, by the collector of borough and other taxes, who is hereby invested with like authority and power to collect said tax on dogs as are the collectors of township rates and levies, from every person owning, possessing or keeping one dog, the sum of one dollar; from every person owning more than one dog two dollars for the second, and doubling the amount for each additional dog; for one female dog two dollars, and double the amount for each addi Greenlane turn tional female dog; which tax shall be paid to the treasurer of said borough, to be applied to common school purposes in said borough. SECTION 8. That the Greenlane and Goshenhoppen turnpike road pike co., &c., company, are hereby authorized to demand and receive toll of all persons travelling on or over their road, excepting from persons passing in funeral processions. tolls. W. P. SCHELL, APPROVED The fifteenth day of April, Anno Domini one thensand eight hundred and fifty-three. WM. BIGLER. Sunbury and company,power Proviso. Duty. Increase of capital stock. No. 281. AN ACT To authorize the Sunbury and Erie Railroad company to borrow money. 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 to enable the Sunbury and Erie Railroad company to complete and equip their road, the said company shall have authority to borrow any sum or sums of money not exceeding four millions of dollars, on the bonds of the said company, secured by mortgage of the whole or part of their property and estate, real and personal, and the corporate franchises thereto belonging, upon such rates of interest as may be agreed upon, and the said company are authorized to sell and dispose of the said bonds within or beyond this Commonwealth, at such rates above or below par as may be agreed upon between the parties, and such sale shall be as valid as if sold at par: Provided, That no bond shall be issued by said company for a less sum than one hundred dollars: And provided further, That the said bonds may be made convertible into the stock of the said company at par, which stock the said company are authorized to issue when required. SECTION 2. That it shall be the duty of said company to terminate their road at the harbor of Erie. SECTION 3. That the said Sunbury and Erie railroad company be and they are hereby authorized to increase their capital stoek two millions of dollars in addition to that now authorized by law. W. P. SCHELL, APPROVED-The fifteenth day of April, Anno Domini one thou sand eight hundred and fifty-three. WM. BIGLER. No. 282. AN ACT To incorporate the Danowsky Gas company, of the borough of Allentown; authorizing the German Reformed Congregation of Allentown to sell real estate; to tolls on the Ridge Turnpike; changing the venue of a certain case from Philadelphia to Lehigh county; authorizing several German Reformed Congregations in Northampton county to sell real estate. SECTION 6. 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 William F. Danowsky, and those with whom he may associate himself, Commissioners. their associates and successors, be and the same are hereby made and constituted a body politic and corporate, by the name and style of "The Style. Danowsky Gas company," and by said name they and their successors shall and may have perpetual succession, and shall be in law capable of suing and being sued, pleading and being impleaded, in all courts and Powers. judicatories whatever, and also of contracting and being contracted with relative to the business and objects of said corporation, as hereinafter declared, and they and their successors may have a common seal, Seal. and may change and alter the same at pleasure, and shall have power to lease or purchase, in fee simple or otherwise, such real estate as may May hold real be necessary for carrying on the business of said corporation, and in estate. their corporate name to make and execute obligations for the liabilities created in the transaction of the said business of the corporation, and for none other. SECTION 2. That the said corporation shall have a right to supply May erect buildwith gas light the borough of Allentown, in the county of Lehigh, and ings, &c., and such persons, partnerships and corporations residing therein as may lay pipes. desire the same, at such price as may be agreed on, not exceeding the average price charged in the city of Reading and the borough of Easton, in Pennsylvania, and also to make and erect within said borough the necessary buildings, machinery and apparatus for manufacturing and distributing the same, and with the assent of the corporation of Allentown, the right to enter upon any public street, lane, alley or highway, for the purpose of laying down, altering, inspecting and repairing the same, doing as little damage to said streets, lanes, alleys and highways, and impairing the free use thereof, as little as possible. SECTION 3. That the capital stock of said corporation shall not at Capital stock. any time exceed the sum of thirty thousand dollars, to be divided into shares of one hundred dollars each, and may be increased from time to time within said limit, as the directors thereof shall deem necessary, for all which said stock certificates shall be issued, signed by the president, countersigned by the secretary, and sealed with the common seal of said corporation, which certificates shall be transferable at pleasure, by the owner, thereof, or by attorney duly authorized for that purpose, in the presence of the president or secretary, in a book to be kept for that purpose by said corporation. SECTION 4. That the management and control of said corporation Managers. shall be vested in the persons named in the first section of the act, until the first Monday in May next ensuing the organization of the Officers. By-laws. Dividends. Penalty for certain abuses. Injuries to property of company, a misdemeanor. company, at which time the stockholders shall meet, at such place as they shall determine upon, and elect from among their number three managers, to serve for one year and until their successors shall be duly elected, which shall be annually on the first Monday in May; said managers shall have power to select a president, a secretary, and a treasurer, to serve for the same term, and the manner of conducting said elections shall be prescribed in the by-laws of said corporation, and at all elections the stockholders shall be entitled to one vote for each share bona fide held and owned by him at the time of holding said election. SECTION 5. That the board of managers of this corporation shall have power to make by-laws, not inconsistent with the laws of this Commonwealth, and shall keep minutes of all their proceedings, which shall at all proper times be open to the inspection of the stockholders, and do all such acts and things for the proper regulation and government of the corporation as they may deem necessary; they shall have power to declare dividends of so much of the net profits of the corporation as shall appear to them advisable, on the first Monday in January of each year, which shall be paid to the stockholders on demand, ten days after the same shall have been declared. SECTION 6. That if any person or persons shall open a communica tion into the gas-main or other gas-pipes of said company without authority from the proper officer thereof, or shall let on the gas after it has been stopped by order of the company or its authorized agent, or use any gas without drawing it through the metres put up for the purpose of measuring the same, or shall put up any pipes or burners without having the same inspected and approved by the proper officer of the company, or refuse to permit the proper officer of the corporation, at proper times, and under proper circumstances, to inspect the pipes, metre, burners, et cetera, put up in any building for the use of their gas, and used for that purpose, he, she or they so offending, shall be subject to a penalty of not less than five nor more than fifty dollars, to be recovered before any justice of the peace, one-half to be paid to the informer, and the other half to the borough of Allentown, for the use of said borough. SECTION 7. That if any person shall wilfully or maliciously do or cause to be done, any act or acts whatever whereby any building, construction, works, gas pipes, gas post, burner, or any other matter or thing appertaining to the same, shall be obstructed, injured, or destroyed, the person or persons so offending shall be considered guilty of a misdemeanor, and may be thereof indicted in the court of quarter How punished. sessions of the county of Lehigh, and on conviction, shall be punished by fine, not exceeding five hundred dollars, or imprisoned not exceed ing one year, or both, in the discretion of the court: Provided, That said criminal prosecution shall not in any way impair the right of said company to a full compensation in damages in a civil suit or Proviso. To repair streets &c. actions. SECTION 8. That said company shall, without unnecessary delay, refit, repair and restore to good and safe condition all openings made in any of the streets, lanes and highways of the said borough, occa sioned by the laying, refitting or examining their pipes, or for any other purpose, at the expenses of said company, and to the satisfaction of the street commissioners of said borough, and on failure to do, shall for feit and pay to and for the use of the borough, with full costs, such a sum of money as may be necessarily expended by the street commis sioners in refitting and restoring the same, and the said company shall furnish all gas required or used for lighting up any or all of the streets, alleys or squares of said borough, at a deduction of five per cent. from the rates charged to property holders and others by said company. SECTION 9. That it shall not be lawful for the said company to stop Penalty for reoff the gas from any consumer, except for the purpose of repairs or fusal to furnish unavoidable accident, who is willing to pay, and who tenders the gas. amount due to the company by said consumer for gas already consumed, according to the established rates, under the penalty of five dollars, to be recovered for the use of the person injured, as debts of like amount are by law recoverable: Provided nevertheless, That said Proviso. company shall not be required to lay down pipes for conveying gas to any portion of said borough, unless in the opinion of the directors such portion contains a sufficient number of consumers to warrant the expenses: And provided, also, That this act shall not exempt the said Proviso. gas company from the provisions of the common law and borough ordinances against nuisances. SECTION 10. That the trustee of the German Reformed Congrega- Trustee of the tion of the borough of Allentown, in the county of Lehigh, in the German ReState of Pennsylvania, be and he is hereby authorized to sell at public formed congregation of Allensale, in parcels or entire, and to convey in fee simple to the purchaser town, Lehigh or purchasers, on payment of the purchase money, all that the follow- co., authorized ing described two story frame dwelling house and lot of ground situate to sell a house on the west side of Allen street, in the said borough, bounded on the and lot. south by a lot of Charles Saeger, on the west by a public alley, on the north by a lot late of George Shaffer, deceased, and on the east by said Allen street, extending in front on said Allen street sixty feet, and in depth two hundred and thirty feet, and the said purchaser or purchasers shall hold the property purchased clear of the trust to which the same is now subject, and shall not be bound to see the application of the proceeds of sale: Provided, That the said proceeds of sale Proviso. shall be held by the said trustee and his successor in office, and by the said congregation, subject to the said trusts, as fully as the said premises are now subject to the same. SECTION 11. That so much of the proviso in the first section of the First section of act of Assembly passed on the twenty-seventh day of May, one thou- act relative to sand eight hundred and forty, as prohibited the Ridge turnpike company Ridge turnpike from continuing and maintaining any gate, turnpike, or toll-house within co., suspended. the limits of any borough in the county of Montgomery, and from taking tolls at the same, and all fines and penalties thereto attached, be and the same are hereby suspended for the space of one year from the date of the passage of this act. Wilson, re SECTION 12. That a certain action now pending in the district court Action between for the city and county of Philadelphia, of June term one thousand eight A. K. Whitman hundred and fifty-two, number five hundred and five, wherein one An- and Jas. W. drew K. Whitman is plaintiff and one James W. Wilson is defendant, moved to Lebe and the same is hereby removed and transferred to the court of high county. common pleas of Lehigh county, to be there tried at one of the regular terms of said courts, in the same manner as if it had been originally instituted in the last named county, and the record in said action shall be certified by the said district court for the city and county of Philadelphia, to the said court of common pleas of Lehigh county, for trial aforesaid, and on final judgment, such writs of execution shall be issued as may be necessary to carry the same into full effect. WHEREAS, John Penn and Richard Penn, did by deed bearing date Preamble. the thirty-first day of May, one thousand eight hundred and two, grant and convey, for the consideration therein named, lot number fifty-seven, in the borough of Easton, in the county of Northampton, |