No. 326. AN ACT Supplementary to an act altering and extending the powers of the corporation of Bristol borough, passed the fifteenth day of February, Anno Domini, one thonsand eight hund ed and fifty one; authorizing the School Directors of the borough of Bristol to borrow money; incorporating the Attleborough and Bloomville Turnpike Road company; relative to the improvement of French creek. out streets, &o. SECTION 1. Be it enacted by the Senate and House of Representaives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That he burgess and council of said borough shall have power to lay out and Bristol borough, onstruct streets, roads, lanes, alleys and highways, within aid bor- power to lay ugh, and also to widen and straighten, or vacate any of the streets or alleys now laid out in said borough, whenever they shall deem it expelient for the public use, and the same when duly opened tccording to he provisions of this act, or by agreement of the parties interested, are ereby declared public highways, over which the burgess and council shall have exclusive jurisdiction. SECTION 2. That upon the complaint of any person or persons ag- Damages. grieved by any regulation under the provisions of this act in relation o the laying out, widening and straightening any streets, roads, lanes, lleys and highways within said borough, to the court of quarter sestions in and for the county of Bucks, within two years after such street, oad, lane, alley or highway has been opened, (but not afterwards,) it shall be the duty of the said court to appoint seven disinterested men, not residents of the said borough, to view and adjudge the amount of damage, if any, sustained, and the said amount of damage or damages shall be paid, after being approved by the said court, under the exist ing laws of this Commonwealth for ascertaining damages by public roads, by the burgess and council, out of the funds of said borough: Provided always, That it shall be the duty of the viewers in assessing Provise. damages, to take into consideration the advantages derived from such street, road, lane, alley or highway, passing through the land of the complainant or complainants; the viewers appointed under this act to Viewers. ascertain damages sustained by individuals in opening streets, roads, lanes, alleys or highways in said borough, shall each of them take an oath or affirmation, before some justice of the peace, before entering upon the duties of their appointment, that they will justly and truly value the same, and also consider the advantage as well as the disadvantage of said street, road, lane, alley or highway. Repeal. SECTION 3. That so much of the twelfth section of the charter of said borough as is inconsistent with this act be and the same is hereby repealed. SECTION 4. That the board of directors of the public schools of the School directors borough of Bristol, in the county of Bucks, be and are hereby authorized of Bristol, auto borrow a sum of money, not exceeding three thousand dollars, to be row money. applied to the building, furnishing, finishing, et cetera, of a school house in said borough, to be used as a public school. thorized to bor SECTION 5. That the school directors of the borough of Bristol, Taxes to be apaforesaid, shall be and are hereby required to set apart from the taxes plied to payannually collected, such sums as shall, with the interest thereon, enable ment of dabe Commissioners. Style. Location. Subject to provisions of certain act. Capital stock. Tolls. When to be completed. them, within a period of not more than twenty years, to pay off the entire amount of indebtedness made by this act. SECTION 6. That Franklin Vansant, Edward Wildman, Rowland Mather, Joseph Vansant, John Wildman, Joshua Richardson, Joseph C. Law, William Blakey, Isaac Livizey, Pierson Mitchel, Alfred Marple, Charles Vansant, and M. W. Allen, or any five of them, be and they are hereby appointed commissioners, to open books, receive subscriptions to stock, and organize a company, by the name, style and title of The Attleborough and Bloomville Turnpike Road company," with power to locate and construct a turnpike road from the intersettion of the Newtown and Bristol, and Philadelphia and Trenton roads, in the village of Attleborough, township of Middletown, county of Bucks, and continuing on or near the bed of the old road from Attle borough to Philadelphia, to or near the end of the Bloomville Mill road, in the township and county aforesaid, to have the power to open said road thirty-three feet in width, and construct the artificial road not less than fourteen feet in width, subject to all the other provisions and restrictions of an act regulating turnpike and plank road companies, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the supplements thereto, so far as the same be not inconsistent with this and the subsequent sections of this act. SECTION 7. That the capital stock of said company shall consist of one hundred and fifty shares, of twenty five dollars each, but the said company may from time to time, by a vote of the stockholders, increase the capital stock, if it shall be deemed necessary to carry out the true intent and meaning of this act. SECTION 8. That when the said company shall have completed one mile or more of said road, they shall have power to erect toll-gates, and receive the same tolls per mile as are allowed by twelfth and thir teenth sections of act approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, entitled "An Act regulating Turnpike and Plank Road companies." SECTION 9. That if said company shall not commence the construe commenced and tion of said road within five years, and complete the same within seven years, this act shall be null and void and of no effect, except so far as may be necessary to settle up and pay the debts of said company. French Creek SECTION 10. That Samuel S. Adrain, of Crawford county, be and he improvement, is hereby appointed commissioner to superintend the disbursement of commissioners the sum of fifteen hundred dollars, appropriated to the improvement of to disburse money. Proviso. Proviso. Proviso. the navigation of French creek, by the sixth section of the act of April niuth, one thousand eight hundred and forty-nine, and that the Baid commissioner shall have power to disburse the said sum by contracts for making the said improvement, or otherwise, as to him shal seem most expedient for the public interest: Provided, That the said commissioner shall not be entitled to charge more than two dollars per day for his services while actually employed in said superintendence, and that the account of said commissioner shall be duly audited and settled by the Auditor General; and so much of the seventh section of the act aforesaid as is inconsistent herewith is hereby repealed; and Arnold Plumer, in whose hands the said fifteen hundred dollars now is, is hereby authorized to pay over the same to the said Samuel S Adrain, whose receipt shall be a good voucher for the same: Provided, also, That the said commissioner, before receiving the money afore Bail, shall enter into bonds, with good and sufficient security, to be approved by the court of common pleas of Crawford county, for the faithful disbursement of the money under the provisions of this act: And provided also, That the bills rendered for all expenditures under his act shall be verified by the oath or affirmation of the said commis- APPROVED The eighteenth day of April, A. D., one thousand eight undred and fifty-three. WM. BIGLER. No. 327. AN ACT incorporate the Bustleton and Holmsburg Turnpike Road company; extending the provisions of an act to prevent the running of swine at large to the counties of Tioga and Potter; anthonzing the Surveyor General to isne a patent to the heirs of Nicholas Snow; relative to the real estate of Mary Robinson, deceased; authorizing the White Deer Bridge company to borrow money; authorizing John Farzinger and Cornelius Conner to collect certain taxes in the borough of Mauch Chunk, Carbon county; relative to the salary of the crier and tip-staves of the Supreme Court for the Eastern district; to an election district in Luzerne county; to reduce the number of supervisors in Catawissa township, Columbia county; and to the Town Concil of the borough of New Brighton, Beaver county. SECTION 1. Be it enacted by the Senate and House of Represenatives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That Joseph L. Pennock, George W. Holmes, Maxwell Rowland, John B. Commissioners. Willian, Levi Dewees, George Clark, Simon White, Charles Neville, John Farnham, Jesse Dungan, Charles Tilyer and Amos Gregg, of Philadelphia county, be and they are hereby appointed commissioners, o open books, receive subscriptions, and organize a company, by the name, style and title of "The Bustleton and Holmesburg Turnpike Style. Road company," with power to construct a turnpike road, commencing at the intersection of the Welsh road and Bustleton turnpike in the village of Bustleton, and extending, for the most part on said Welsh road. road, to the Bristol turnpike, in the village of Holmesburg, with power to extend it further if said company shall deem it expedient to do so, Location of subject to all the provisions and restrictions of an act regulating turn- Subject to propike and plank road companies, approved January the twenty-sixth, vi-ions of cerone thousand eight hundred and forty-nine: Provided, That the said tain act. company shall have power to erect gates and collect tolls on the said road when it shall have been completed between the points before named. Capital stock. Commencement and completion of road. Provisions of SECTION 2. That the capital stock of said company shall consist of nine hundred shares, of ten dollars each: Provided, That said company may from time to time, by a vote of the stockholders had at s meeting called for that purpose, increase their capital stock if it shall be deemed necessary, in order to carry out the true intent and meaning of this act. SECTION 3. That if said company shall not commence the construc tion of their road within two years, and complete the same within five years, this act shall be null and void, except so far as the same may be necessary to settle up the affairs and pay the debts of the com pany. SECTION 4. That the provisions of an act of Assembly, passed one certain act ex. thousand seven hundred and five, and entitled "An Act to prevent the tended to Tioga running of swine at large," be and the same are hereby extended to & Potter co's. the counties of Tioga and Potter. Surveyor General to issue a certain patent, &c. Preamble. Preamble. Preamble. Preamble. Preamble. SECTION 5. That it shall be lawful for the Surveyor General to issue a patent on payment of office fees, and any balance of purchase money due the Commonwealth to the heirs of Nicholas Snow, late of Armstrong county, deceased, or to his administrators for their use, for the tract of land which he owned and upon which he resided at the time of his death, containing four hundred and five acres one hundred and twelve perches, more or less, warranted in the name of John Nixon, and situate in Brady's Bend township, in said county. WHEREAS, Mary Robinson, late of the city of Philadelphia, widow, deceased, by her last will and testament, bearing date the twenty-first day of February, one thousand eight hundred and twenty-nine, among other things did authorize and empower the trustees therein named, or the survivors or survivor of them, to grant on perpetual ground rent or ground rents, all and every, or any of the vacant lots of ground which might be allotted to them in the division of her estate, as provided for her in said will, reserving thereout, payable to them, their heirs and assigns, for the same and like uses as they would have held the premises out of which the same was to be reserved, the best yearly rent, payable half yearly, that could be reasonably obtained therefor, free of any deduction for taxes, as in said will mentioned: And whereas, In the division of the estate of the said Mary Robinson, deceased, made in conformity with her said will, a certain messuage and lot of ground situate at the North-west corner of Vine and New Market streets, in the Nothern Liberties of the city of Phila delphia, containing in front on the said Vine street twenty-five feet, and in depth on New Market street ninety-six feet, to Holmes' alley, was inter alia allotted to the trustees for Sarah Peters Thompson, one of the daughters of the said Mary Robinson, deceased, in trust, agreeably to the will of the said Mary Robinson, deceased: And whereas, David Hoopes, one of the trustees in the said will named, did refuse and decline accepting the trust reposed in him, and Thomas Robinson, one other of the trustees in the said will named, was by the court of common pleas of the county of Philadelphia duly dis charged from the duties of the said trust, and Manuel Eyre, the remaining trustee in the said will named, having departed this life, the said court appointed Nalbro Frazier trustee for the said Sarah Peters Thompson, in the place of the said Manuel Eyre, deceased: And whereas, The above mentioned messuage was destroyed by fire, in July one thousand eight hundred and fifty, whereupon the lot or piece of ground above described became vacant: And whereas, The said Nalbro Frazier, trustee aforesaid, by three several indentures, bearing date respectively the thirteenth day of Jan uary, one thousand eight hundred and fifty-one, granted and conveyed, the said lot of ground above described in three separate parts and parcels unto Aaron P. Bilyeau of the district of Spring Garden, in the county of Philadelphia, bricklayer, in fee, reserving for and out of each of the said parts of the said lot of ground a certain yearly ground rent, payable unto him the said Nalbro Frazier, his heirs and assigns, in trust for the same and like uses, intents and purposes mentioned, limited and declared in the said last will and testament of the said Mary Robinson, deceased, with respect to or of and concerning the part and share of. her estate devised to the trustees therein named, in trust for the use of her daughter, the said Sarah Peters Thompson, with a proviso in each of the said indentures contained for extinguishing the said respective yearly ground rents at any time thereafter, upon the payment to the said trustee, his heirs or assigns, of the principal moneys therein respectively mentioned, and the arrears of the said several yearly rents to the time of such payments: And whereas, The said Aaron P. Bilyeau, agreeably to the pro- Preamble. visions in the said indentures contained, paid to the said Nalbro Frazier, trustee aforesaid, the principal sums in the said indentures respectively mentioned, and the arrears of the said respective rents, and the said Nalbro Frazier, by three several deeds poll bearing date respectively the eighth day of August, one thousand eight hundred and fiftyone, extinguished and released the said three several yearly ground rents unto the said Aaron P. Bilycau, his heirs and assigns, and the said trustee hath securely invested the said principal sums in conformity with the will of the said Mary Robinson: And whereas, Doubts have arisen as to the power of the said trus- Preamble. tee to grant or dispose of the said lot of ground, and to convey the same on redeemable ground rents, and the said trustee and the cestuis que trust have made application for a law confirming and making valid the said sales of the said lot of ground above described, and the extinguishment of the said three several yearly ground rents thereout reserved, unto the said Aaron P. Bilyeau, his heirs and assigns, forever; therefore, 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 the three several grants and conveyances of the lot of ground above Grants and condescribed, and the extinguishment of the aforesaid three several yearly veyances conground rents therein and thereby reserved, so as aforesaid made by the firmed. said Nalbro Frazier, trustee aforesaid, to the said Aaron Bilyeau, his heirs and assigns, be and the same are hereby confirmed, as fully and effectually, to all intents and purposes, as if full power and authority had been given and granted by the will of the said Mary Robinson, deceased, to the said trustee to sell and dispose of the said lot of ground or ground rents, and to extinguish and release the said rents. SECTION 7. That it shall and may be lawful for the White Deer Bridge White Deer com mpany to borrow any amount of money not exceeding four thousand bridge company dollars, for the purpose of finishing said bridge, and they are hereby may borrow authorized to issue their bonds thereof: Provided, That no bond shall money. be issued for a less amount than one hundred dollars. SECTION 8. That from and after the passage of this act, it shall and John Fatzinger may be lawful for John Fatzinger and Cornelius Conner, of the and C. Conner borough Mauch Chunk, in the county of Carbon, to collect and receive authorized to collect unpaid the several balances of unpaid taxes due upon the duplicate of Charles Snyder, collector of State and County taxes for the year eighteen hundred and fifty-one, and the said John Fatzinger and Cornclius Conner taxes. |