SECTION 9. That hereafter the existing law shall be construed so as Sheriff of Crawo allow the sheriff of Crawford county for each and every day neces- ford county, fees for selecting arily occupied in the annual selection of jurors, the same compensation nd no more than is allowed as daily pay to the county commissioners ngaged in like services with said sheriff, and to be paid out of the ounty funds.

APPROVED-The eighteenth day of April, one thousand eight hun

red and fifty-three.

WM. BIGLER.

No. 300.

AN ACT

To incorporate the Patterson, Johnstown, Peru Mills, and Concord Plank Road, company; relative to the Birmingham and Pittsburg Bridge company; to the Susquehanna 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 Robert C. Galliher, Andrew Parker, E. S. Doty, W. W. Wilson, John Commissioners. J. Patterson, James North, D. H. Lusk, John P. Shitz, William Miller, John S. Miller, Jacob Lemon, John Brubaker, Samuel Allen, John J. Hart, Neal M'Coy, William Okeson, Joseph S. Laird, Samuel Crawford, Stewart M. Colloch, William Johnson, William Elder, Daniel Skinner, Samuel Holliday, Sylvester Doyle, Oliver M'Curdy, John Alexander, William H. Patterson, Joseph Berry, George Noss and Joseph Slaymaker, all of Juniata and Franklin counties, 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 title of Style. "The Patterson, Johnstown, Peru Mills and Concord Plank Road company," with power to construct a plank road from the borough of Patterson, in Juniata county, via. Johnstown and Peru Mills, to Concord, in Franklin county, with the privilege to extend the same to the town of Fanettsburg, in Franklin county, by the nearest and best route or routes the stockholders may determine upon, subject to all the pro- Subject to provisions and restrictions of an act entitled "An Act regulating Turn- visions of cerpike and Plank Road companies," approved the twenty-sixth day of tain act. January, one thousand eight 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 that portion of the eleventh section of

Location.

Tolls.

Capital stock.
Proviso.

said act which provides that the track of plank roads erected under its provisions shall in no case rise or fall more than will form an angle of three and one half 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 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 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-five 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.

May use bridges SECTION 3. That it shall be lawful for the said company to make and other roads. use of any county bridge on the line of the route of their road, and 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 said counties, in the case 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 passage 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.

Toll gates.

17th section of certain act repealed.

Style.

SECTION 5. That the said company shall have authority to erect toll gates after five miles of the said plank road are completed.

SECTION 6. That the seventeenth section of the act entitled "An Act authorizing the Governor to incorporate a company to erect a bridge over the Monongahela river at the borough of Birmingham, in the county of Allegheny, with power to construct a turnpike road from the south end of Denman street in said borough, to intersect the Monon. gahela and Coal Hill Turnpike road," approved the third day of April, Anno Domini one thousand eight hundred and thirty-seven, be and the same is hereby repealed.

SECTION 7. That the said corporation shall hereafter be known by the name, style and title of "The president and managers of the Birmingham and Pittsburg Bridge company," and by that name shall have all the privileges and franchises, and be subject to all the limitations and restrictions, conferred and imposed upon it by the original act of incorporation and the several supplements thereto, except so much of said original act as authorizes and requires the said corporation to construct a turnpike road as mentioned in the seventeenth section of said act.

SECTION 8. That any county or other corporation that shall be possessed of four thousand shares or more of the capital stock of the

i

Susquehanna Railroad company, shall in lieu of voting at the general Susquehanna lections of said company, be entitled to elect by the constituted autho- railroad comities thereof, one director for each and every four thousand shares pany. held by said county or other corporation, and so much of the first section f the supplement to the act incorporating the Susquehanna Railroad company, passed the twenty-fourth day of April, one thousand eight" undred and fifty-two, as is hereby altered or supplied, be and the same Repeal. s hereby repealed.

Djema de la W.-P. SCHELL, 799.

Speaker of the House of Representatives.

CATO RIC. THO. CARSON,

Speaker of the Senate. va

APPROVED The eighteenth day of April, one thousand eight hunired and fifty-three.

Le poet egt de cor- sa krigeste bax dese que 1 To stow and di yung caged No. 801, drag la soltad you postare pron teur de tesko no evited growl soral yet el rol add oe righed indi zoom sac veroi ta palang •AN ACT Defo releven dat pd ako da dove garland le soit ent of armvung To incorporate the Methodist Episcopal Church in the borough of Miltersberg, Dauphin county, and relative to the appointment of Auctioneers in the boroughq of Harrisburg.

SECTION 1. Be it enacted by the Senate and House of of Represen tatives of the Commonwealth of Pennsylvania in General Assembly me and it is hereby enacted by the authority of the same, That

9

P

the members of the Methodist Episcopal Church of the borough of Corporators. Millersburg, in the county of Dauphin, be and they are hereby constituted and formed into a body politic and corporate, in deed and in law by the name, style and title of The Methodist Episcopal Church of Style. the borough of Millersburg, in the county of Dauphin," and by the same name to have perpetual succession, and to be able to sue and be sued, plead and be impleaded, in all courts of law and elsewhere, and shall be Privileges. able and capable in law and in equity to take and to hold lands and terements, goods and chattels, of whatsoever nature, kind and quality, real, personal or mixed, which are now or hereafter shall become the property of said Methodist Episcopal church of the borough of Mil- J lersburg, by gift, grant, bargain, sale, conveyance, assurance, will, de-14 vise, bequest, or otherwise, by any person or persons capable of making the same, and the same to grant, bargain, sell, convey, mortgage, in prove and dispose of, for the use of said church: Provided, That the proviso. yearly income of real and personal estate of said corporation shall not. at any one time exceed three thousand doHars, and shall not be appropriated to any other than benevolent or religious uses: And provided Proviso. also, That no sale of any real estate belonging to said corporation real estate belonging to or which shall hereafter become the property of said corporation shall be lawful, unless such sale shall have been approved by a majority of the male members of said corporation, called for the purpose, notice

im

servarl

Trustees.

Elections.

Notice to be given.

Who are elligible as trustees.

Officers.

Proviso.

Vacancies.

By-laws.

Proviso.

of which meeting shall have been publicly given from the pulpit on the Lord's day, at least one week previous, a record of the proceedings of which meeting shall be kept by the secretary of the board of trustees, in a book containing the records of the meetings of said trustees.

SECTION 2. That the temporal affairs of said corporation shall be managed by nine trustees, five of whom shall constitute a quorum for the transaction of business; said trustees shall be elected as hereinafter provided: The following named 'persons shall be trustees, to wit: Leonard Steever, John M'Clane, Samuel Gilbert, George Singer, George M. Brubaker, Frederick R. Gilbert, Joseph Meech, Henry Frank, and Benjamin G. Steever, from and after the passage of this act until the first Saturday in January one thousand eight hundred and fifty-four, and until the first election shall have been held under this act, on which day the male members of said corporation shall elect by ballot nine trustees, three for three years, three for two years, and three for one year, the term of service to be designated by the electors on their ballots, and their places respectively shall be supplied by the annual election on the first Saturday in January of three persons to serve for three years; and if said corporation neglect on said day annually to hold their elections, as is herein before directed, the said corporation shall not be dissolved, but a majority of the trustees may ap point any subsequent day on which the election may be held, according to the provisions of the third section of this act.

SECTION 3. That all elections for trustees under this act shall be held in the house of worship used and occupied as such at the time by said corporation, and notice of each election shall be given publicly from the pulpit on the Lord's day immediately before or after divine service, by the minister officiating or by some other person, at least one week previous to the time of holding such election.

SECTION 4. That no person shall be eligible as a trustee of said corporation, who is not at the time of his election a resident of the State of Pennsylvania, over twenty-one years of age, and who shall not have been for at least one year next preceding his election a member of said church, nor shall any person hold and exercise the office of a trustee after he shall have ceased to be a member of said church, and no person shall be entitled to vote at any election for trustee, or at any other election held under this act, except the male members of said Metho dist Episcopal church of the borough of Millersburg over the age of twenty-one years and in full connection with said church.

SECTION 5. That the trustees shall within ten days after their elec tion, meet and organize by electing from among their number a pres ident a secretary and a treasurer, to serve the ensuing year: Provided, That the said trustees may at any time remove any of said officers and elect others, when in their opinion the interests of the corporation require it.

SECTION 6. That if any vacancy shall occur in the board of trustees by reason of death, or from any other cause, the vacancy or vacancies shall be supplied by the remaining trustees until the next annual elec

tion.

SECTION 7. That the board of trustees and their successors shall have power to enact and enforce such by-laws, ordinances, and rules of order, as may be proper and necessary for the transaction and regulation of the business of said corporation: Provided, That such by-laws, ordinances, and rules of order, shall not conflict with the constitution and laws of this State or of the United States, nor with the doctrine and discipline of the Methodist Episcopal church in the United States.

SECTION 8. That any and all persons who shall hereafter become Privileges. members of the Methodist Episcopal church of the borough of Millersburg, shall, while they continue to be members of said church, be entitled to all the privileges and subject to all the restrictions as those who are members of said church at the passage of this act, saving to every member the right to withdraw from said corporation at any

time.

SECTION 9. That the title to all real and personal estate and pledges May hold read now held, owned or possessed, in trust or otherwise, by trustees, for estate. the use of the said Methodist Episcopal church of the borough of Millersburg, at and immediately before the passage of this act, be and is hereby absolutely vested in the corporation created by this act, and the said corporation shall be liable for all debts due, owing or payable, in like manner as if said debts had been created after the passage of this

act.

SECTION 10. That the trustees of said corporation shall keep a book Books of record. in which shall be transcribed a copy of this act, and a copy of all bylaws, ordinances and rules of order hereinafter passed by them, and also a record of the proceedings of all meetings of said trustees, and of all business meetings of said corporation, which shall at all reasonable hours be open for inspection upon demand made by any member of the corporation.

SECTION 11. That from and after the passage of this act, the Gov- Harrisburg,aucernor be and he is hereby authorized and empowered to appoint and tioneers in, to be commission for the term of five years severally, three suitable persons commissioned, in the borough of Harrisburg, in the county of Dauphin, as Auctioneers, who are hereby authorized to sell at public auction, at such times and places as either of them may select, and in any quantity, all kinds of goods, wares, merchandise, lands, tenements, and all other kinds of property not herein named; and each of said auctioneers so appointed shall, before exercising any of the powers or privileges incident to said appointment, pay into the county treasury for the use of the Commonwealth, the sum of twenty-five dollars for his commission; and each and every auctioneer appointed under the provisons of this section, shall pay into the county treasury for the use of the Commonwealth, one per centum upon all sales exceeding in amount the sum of ten thousand dollars per annum.

SECTION 12. That if any person not commissioned and authorized Penalty. as aforesaid, shall, after the passage of this act, make sale by auction or public outcry of any merchandise, estate, or property whatever, or shall in any manner use or exercise the business or occupation of an auctioneer within the limits of said borough of Harrisburg, he shall, upon conviction thereof, for every such offence, forfeit and pay not less than one hundred nor more than three hundred dollars, to be recovered in any court having jurisdiction thereof, as debts are by law recoverable, one-half for the use of the directors of the poor of the county of Dauphin, and the other half for the use of the Commonwealth.

APPROVED-The eighteenth day of April, Anno Domini one thou

sand eight hundred and fifty-three.

WM. BIGLER.