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Proviso.

Proviso.

Reservation.

Proviso.

same terms and conditions, as the Anthracite Iron company, passed the twenty-fifth day of May, in the year of our Lord one thousand eight hundred and thirty-nine: Provided, That the business of this company shall be the mining and smelting of minerals and ores, and they shall not be restricted to the use of anthracite or bituminous coal in carrying on their operations, and may employ such portions of their capital as may be necessary in constructing railroads on their lands, and in transporting to market, and raising and vending the produce of their lands, mines and manufactories: And provided further, That said company shall pay to the State Treasurer for the use of the Commonwealth one per centum on its capital stock, in four equal installments, the first to become due and payable on the first of November, Anno Domini one thousand eight hundred and fifty-one, and the remaining three installments at intervals of twelve months each.

SECTION 2. That the Legislature hereby reserves the right to alter, amend or repeal this charter at any time: Provided, however, That no injustice be done to the corporators.

JOHN CESSNA,

Speaker of the House of Representatives.
BENJ. MATTHIAS,

Speaker of the Senate.

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

dred and fifty-one.

WM. F. JOHNSTON.

Preamble.

Corporators.

No. 424.

AN ACT

To incorporate the Big Mountain Improvement company.

WHEREAS, Samuel Nixon, Thomas Orr, George Hitner, Benjamin Pidgeon, Benjamin Mordu, and John Clarkson, trustees, hold certain lands in the county of Northumberland, under certain deeds of trust and articles of association, and for the better management and improvement thereof: Therefore,

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 Samuel Nixon, Thomas Orr, George Hitner, Benjamin Pidgeon, Benjamin Mordu and John Clarkson, trustees, and the other equitable owners of said land, their associates, successors and assigns, be and they are hereby constituted a body politic and corporate, by the name, Name and style, style and title of the "Big Mountain Improvement company," and as such shall have power to take and hold land and real estate in fee simple, in the county of Northumberland, and the purpose and business of the said company shall be the proving and opening the veins of coal and other minerals on or in their land, constructing and erecting schutes, breakers, screens, and fitting and preparing the said veins of coal and other minerals to be worked and leased, and the making

Object.

and constructing of railroads over and upon their land, and the said company may from time to time make leases of the said veins of coal and other minerals which may be found in the lands belonging to the said company, and the said company by the said name, is hereby declared and made capable in law to sue and be sued, implead and be Privileges. impleaded, to have a common seal, to sell and dispose of the products of their land, and to hold and convey such real and personal property as may be necessary to promote the objects of this corporation, and to do all things necessary to promote the objects and designs of the same, according to the true intent and meaning thereof, and the said company shall have all the rights, powers and privileges, and be subject to all the restrictions, provisions and liabilities, conferred and imposed upon the Swatara company, by the second, third and fourth sections of the act incorporating the same, approved the sixth day of March, one thousand eight hundred and forty-nine: Provided, That Proviso. the said company shall elect five directors for the management of the ffairs thereof, and fifteen days notice of the said election shall be given in one newspaper published in the county of Northumberland ind one published in the city of Philadelphia.

SECTION 2. That this act shall continue in force for twenty years Duration. rom the time of its passage.

SECTION 3. That the Legislature hereby reserves the right to alter, Reservation. mend or annul the provisions of this act, whenever they may deem it

expedient so to do: Provided, however, That no injustice shall be Proviso. lone to the corporators.

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

ired and fifty-one.

WM. F. JOHNSTON.

No. 425.

AN ACT

To authorize the construction of a Railroad from certain lands in Clinton county to the West Branch of the Susquehanna river.

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 George Little, Allison White, and D. K. Jackman, their associates, Corporators. heirs and assigns, shall have the right and are hereby authorized to

construct a railroad of single or double track, from the coal lands now May construct owned by the said George Little, or others, or from such lands as may a railroad. be owned by the said George Little, Allison White and D. K. Jack

Location.

Proviso.

May enter upon lands and take

materials.

Damages how

settled.

man, their associates, heirs and assigns, on and near the waters of the Tangascootac creek, in the county of Clinton, by the best route to the Susquehanna river, at any point along said river west of the Queen's Run dam, said road to be for their use and accommodation in the transportation of coal, iron ore, timber, lumber, and other personal property: Provided, That the said road shall not pass within fifty feet of any dwelling on said line or road, without the consent of the owner or or owners thereof.

SECTION 2. That the said George Little, Allison White, and D. K. Jackman, their associates, heirs and assigns, shall have the right to take such timber, gravel, stone and dirt, along said road, as may be necessary and useful in the construction of the same, and to enter upon and occupy at the terminus of said road, any quantity of land not exceeding three acres, for building, landing, shipping, and other purposes.

SECTION 3. That in case the said parties, and the owner or owners of the lands occupied in the construction of said road, as aforesaid, cannot agree upon the compensation to be made for the same, and the materials taken therefrom, then and in that case, on the application of either party, the court of common pleas of Clinton county shall ap point three disinterested persons to be arbitrators, to assess under oath or affirmation the value of the land and materials occupied and taken, as aforesaid, and to be paid by the said occupants, and their award shall be made out in writing, and be filed and entered in said court, as other awards are now entered under the compulsory arbitration law, subject to the right of appeal by either party, as in other cases.

Appeals, notice SECTION 4. That the time and place of hearing shall be appointed of hearing of to by the said court, and notice thereof given to the party or parties not apbe given. plying, his or their agent or attorney, at least twenty days prior to said meeting, and it shall be the duty of all persons owning lands occupied by said road, as aforesaid, and having due and legal notice as aforesaid, to submit their claims to the said arbitrators, at the day and place appointed, as aforesaid, and if any owner or owners shall neglect or refuse so to submit his or their demand, on being notified as aforesaid, unless some satisfactory reason can be given for such neglect or refusal, he or they shall be barred from recovering thereafter.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJ. MATTHIAS,

Speaker of the Senate.

APPROVED-The fifteenth day of April, one thousand eight hundred

fifty-one.

WM. F. JOHNSTON.

[1850-]

No. 426.

AN ACT

To incorporate the Presbyterian Church in the borough of Newton Hamilton.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly mel, and it is hereby enacted by the authority of the same, That a corporation is hereby created which shall be called by the name, style Style. and title of the Presbyterian Church of Newton Hamilton, and the same shall have perpetual succession, and be able to sue and be sued, plead and be impleaded, in all courts of law or elsewhere, and shall be able Privileges. and capable in law and equity to take, hold and receive, for the use of the said church, lands, tenements, goods and chattels, of whatsoever kind, nature or quality, real, personal, or mixed, which now is, or shall or may at any time hereafter become the property of the said church, or to be held for the use of the same, by gifts, grants, bargains, sales, conveyance, decree, bequest, or otherwise, from any person or persons whomsoever capable of making the same, and to grant, bargain, sell, mortgage, improve, or dispose of, for the use of the said church: Pro- Proviso. vided, That the yearly value or income of the said estate shall not exceed the sum of fifteen hundred dollars, and shall not be appropriated to any other than benevolent or religious uses.

Trustees.

SECTION 2 The business of said church shall be conducted by three trustees, and until others are or shall be elected, as is hereinafter provided, the following named persons shall be trustees, (of whom at all times two shall be a quorum to transact business of the said church,) Quorum. to wit: Samuel D. Postlethwait, David Jenkins, and John C. McKinstry, to continue in office until the first Saturday of August, Anno Domini one thousand eight hundred and fifty, on which day the pew holders

of the said church shall elect three trustees by ballot, one for the term Elections.
of three years, one for the term of two years, and one for the term of
one year, and on the same day annually thereafter, to elect one trustee
to serve for the term of three years, and if any vacancy or vacancies
by death or otherwise shall happen in the office of trustees, the remain-
ing trustee or trustees may appoint a trustee or trustees to supply such
vacancy or vacancies until the next annual election, when other trustee Vacancies how
or trustees shall be elected to fill the unexpired term of such vacancy supplied.

or vacancies as may then exist in the said board of trustees, and if
the said church shall at the specified time neglect or fail to hold the
annual election, as is herein before directed, the said corporation shall
not be dissolved, but a majority of the trustees may appoint any sub-
sequent day on which the election may be held: Provided, That at Proviso.
least ten days notice shall be given, in such manner as a majority of
the trustees may direct, and all pew-holders who are not in arrears or
in debt for rent for more than one year, shall be entitled to vote at any
election for trustees, but none others.

Powers of trus

tees.

Proviso.

Proviso.

Secretary and
Treasurer.

SECTION 3. The said trustees and their successors in office shall have full power to enact such by-laws as they shall deem proper for the regulation and transaction of business of the said church, and shall have power also to change the time of holding the annual election, as herein before directed, if the same should be deemed advisable; Provided, That the said by-laws and ordinances shall not be inconsistent with the doctrines and church government of the Presbyterian church, and the constitution and laws of this State and of the United States: And provided further, That the said trustees and their successors in office shall have power to dispose of and sell and make title to any lots which may be purchased or given to said church by grant or bequest, if the same be not needed for the said church for burial ground or other purposes.

SECTION 4. It shall be the duty of the said trustees to appoint a secretary and treasurer, who shall continue in office for one year or at their pleasure; the treasurer shall report to the board of trustees at least twice in each year, at one of their stated meetings, of the amount of moneys received, of the amount paid out by him, and also the amount due by each pew-holder who may then be in arrears for pew

rent.

J. S. McCALMONT,
Speaker of the House of Representatives.
V. BEST,

Speaker of the Senate.

APPROVED-The fifth day of February, one thousand eight hundred and fifty.

WM. F. JOHNSTON.

No. 427.

AN ACT

To incorporate the Harford University.

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 Franklin acade- the Franklin Academy, located at Harford, in the county of Susquemy erected into hanna, be and hereby is erected into a university, consisting of an academical and medical college, and other departments appropriate to a university, and that the name and constitution of the said university shall be and they are as follows:

a university.

Constitution.

Name.

ARTICLE I.

SECTINO 1. The said institution shall be called and known by the name of the "Harford University."

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