WHEREAS, it is represented to the Legislature that John, Preamble to George and Henry Lower, became the sole owners as tenants 16th section. in common, by obtaining the releases of their sisters, of all the real estate of their late father, John Lower, senior, late of Bedford county, deceased: And whereas, the said John, George and Henry, in their life time, made a verbal agree. ment relative to the partition of said lands, which from lapse of time cannot be fully proved: And whereas,, valuable improvements have been made on each purpart, and the said John and George are since dead: Therefore,

lease to H.

Lower.

Lower's re

SECT. 16. And be it further enacted by the authority afore- D. Cowen, of said, That David, Cowen, of Bedford county, be and he is Bedford co. authorized to make and execute a deed or deeds of release authorized to or conveyance to Henry Lower, of, in and to, all the undivi- execute a ded interest which John Lower and George Lower, in their certain relife times, had and held as tenants in common with the said Henry Lower, according to the true intent and meaning of a verbal agreement relative to partition, made by John, i George and Henry: Provided, That the said Henry Lower Proviso. shall first make and execute deeds of release to the minor children of the said John and George Lower, deceased, which deeds must be approved by the guardians of the minor children of the said John and George; and the said David David authoCowen is further authorized to make a deed of conveyance rized to make to Jacob Cowen, for thirty acres of land, sold by parol agree- a certain deed to Jacob Cowen. ment to him by the said John and George, in their life times, as tenants in common with the said Henry: Provided, That the purchase money, if any due, shall first be paid to the guardians of the minor children of the said John and George Lower.

lease to minor children.

Proviso.

SECT. 17. And be it further enacted by the authority afore said, That John Derr, guardian of George Yentzer M'Glaugh- Guardian of lin, be and he is hereby authorized, in case he deems it for G. Y. Methe interest and benefit of his said ward, to make and exe- Glaughlin cute a deed or deeds of conveyance to Abbot Green, of, the authorized to convey certain property. county of Union, agreeably to the contract made by Hugh M'Glaughlin and Joseph Derr with said Abbot Green, for to Abbot all the right and title of the said George Yentzer M'Glaugh- Green. lin, in and to an undivided moiety or half part of two items of real estate, which descended to the said George Yentzer M'Glaughlin from his mother Fanny M'Glaughlin, late Fanny Derr, who was one of the heirs of George Derr, deceased, which said items of real estate being numbers three and ten, were taken at the appraisement of the estate of George Derr, deceased, according to inquisition taken and returned into the Orphans' Court of Union county by Joseph Derr and Hugh M'Glaughlin: Provided, That before deed Proviso, is made under the provisions of this act, the said guardian shall enter into bonds or recognizance in such sum, and with such sufficient surety or sureties, as the Orphans' Court of

Security to Orphans court for

Union county shall direct, conditioned for the faithful application agreeably to law, and the accounting for the same to his ward, when he arrives at age, of the balance of the disfaithful appli- tributive share of said minor, after paying to the other heirs cation of pro- of George Derr, deceased, their respective shares, agreeably to the adjudication of the Orphans' Court, which share shall be paid by the said John Derr and Hugh M'Glaughlin, in such equitable proportion as the said court may direct.

ceeds of sale.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

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

GEO. WOLF.

co. authorized to make a

No. 130.

AN ACT

Relative to the West Chester rail road company, the Mount Carbon rail road company, the Little Schuylkill, navigation rail road and coal com. pany, and the Danville and Pottsville rail road company.

SEOT. 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General As sembly met, and it is hereby enacted by the authority of the West Chester same, That it shall and may be lawful for the West Chester rail road company to make and construct, or cause to be made and constructed, a branch or lateral rail road of one or more branch road. tracks, commencing at the point deemed most eligible on the West Chester rail road, and connecting with the Philadelphia and Columbia rail road at such place as may be found most suitable and expedient, east of the eastern branch of the Brandywine creek, in the county of Chester.

Authority to increase

capital, &c.

Penalty on

SECT. 2. And be it further enacted by the authority aforesaid, That the said company may increase their capital stock to three thousand shares, and may charge the same tolls on the said branch or lateral rail road, as are authorized by the act to which this is a supplement.

SECT. 3. And be it further enacted by the authority aforesaid, That if any stockholder shall neglect or refuse to pay any instalment due by him on his stock, for the space of sixinstalments. ty days after the time appointed for payment thereof, he shall,

delay to pay

in addition to the sum so called for and due, pay to the said company at the rate of one per cent. per month for every such delay; and if the sum so due, together with the said penalty be not paid within three months after the expiration of the said sixty days, the stock of the said delinquent on which such instalment and penalties may be due, shall be forfeited for the use of the company, or at their option, suit may be brought against such delinquent for the recovery of the said instalment and penalty, in the same manner as debts of like amount are recoverable.

the construc

tion of

SECT 4. And be it further enacted by the authority aforesaid, That in locating, constructing and maintaining the Provisions of said branch or lateral rail road, all such provisions of the act original law to which this is a supplement as are applicable, be, and the extended to same are hereby extended to the said branch or lateral rail road, as fully as if they were herein enacted at length. branch. SECT. 5. And be it further enacted by the authority aforesaid, That the said company shall have full power to purchase Company with the corporate funds, all cars, wagons, carriages, ma- authorized to chines, engines and teams of any kind whatsoever, which transport padthey may deem necessary and proper for the purposes of sengers and transportation, and may transport all goods, wares, mer. freight. chandize, minerals, and other property which may be offered them for transportation, and all passengers wishing to be conveyed on their said rail road or rail roads, or on any other connected therewith, and the said company may charge for tolls and freight on all articles and on all persons so conveyed by them, their officers or agents, not exceeding twice the rates allowed for tolls alone in the act to which this is a supplement.

SECT. G. And be it further enacted by the authority afore- Time fixed said, That if the said company shall not construct the said for comple branch or lateral rail road within ten years after the completion of tion of the Philadelphia and Columbia rail road, or if after the branch, &c. construction thereof, the said company shall suffer the same to go to decay, and be impassable for the space of two years, then this charter, so far as relates to said branch or lateral road, shall become null and void, except so far as it compels said company to make reparation for damages.

SECT. 7. And be it further enacted by the authority afore said, That if any person or persons shall break, injure, or Persons destroy the said rail road or rail roads, or any part thereof, doing wilful or any work, edifice, or device, or any part thereof, erected injury to by the said company, in pursuance of this act, or the act to works of co. which this is a supplement, or shall in any manner obstruct or obstructing road, the free passage along the said rail road or rail roads, he, she, liable to peor they shall forfeit and pay three times the amount of the nalty and damage thereby actually sustained, to be sued for and reco- indictment. vered, with costs of suit, in any court, having cognizance thereof, by action of trespass in the name of the company, and shall also be subject to indictment in the court of Quar

Penalty on using road except with

care.

Appropria

tion of for.

foftures and penalties.

Repealing clause.

Mt. Carbon rail-road co.

ter Sessions of the proper county, and upon conviction ef such offence may be punished by fine and imprisonment at the discretion of the court.

SECT. 8. And be it further enacted by the authority afore said, That if any person shall ride on horseback along the said rail road or rail roads, or on the embankments or exca vations thereof, or drive any vehicle, (except a rail road car on the rails,) with horses, oxen, or other team, or shall drive any horses, cattle, sheep, hogs, or other animal, or animals, along the same, without permission first had and obtained from the said company, or shall place any wood, stone, iron, or other material on the said rail road or rail roads, whereby the free passage of cars along the same may be impeded, og the safety of the drivers or passengers jeoparded, he, she, or they shall forfeit and pay a sum not less than two dollars, and not exceeding five dollars for each and every such offence, to be recovered before any justice of the peace or alderman, with costs of suit by action of debt, in the name of the com pany.

SECT. 9. And be it further enacted by the authority aforesaid, That whenever any of the forfeitures or penalties mentioned in the seventh and eighth sections of an act authorizing the Governor to incorporate the West Chester rail road company, shall be recovered, one half thereof shall be paid to the person giving information of the offence, and the other half thereof to the said company, and in all prosecutions for such offences or penalties, the person giving the information shall be a competent witness.

SECT. 10. And be it further enacted by the authority afore said, That so much of this act to which this is a supplement as is hereby altered, is hereby repealed.

SECT. 11. And be it further enacted by the authority afore said, That the period heretofore granted to the Mount Carbon rail road company for the completion of their road, according to the twelfth section of the act to which this is a completion supplement, be, and the same is hereby extended until the first day of April, one thousand eight hundred and thirtyeight.

Time for

extended.

kill Navi. and

SECT. 12. And be it further enacted by the authority aforeLittle Schuyl- said, That the period heretofore granted to the Little Schuyl Rail Road co. kill navigation, rail road and col company, for the completion of the rail road to the toot of the Broad mountain, and to Reading, be, and the same is hereby extended until the first day of April, one thousand eight hundred and thirty-eight.

Time extend

ed. •

Repealing clause.

SECT. 13. And be it further enacted by the authority afore said, That so much of the acts incorporating the Mount Carbon rail road company, the Little Schuylkill navigation, rail road and coal company, or the several supplements thereto as is inconsistent with the provisions of this act, be, and the same is hereby repealed.

Danville and

duct water,

SECT. 14. And be it further enacted by the authority aforesaid, That the president and managers of the Danville and Pottsville rail road company shall have power for the purpose Pottsville of conducting water from any contiguous streams to their ne- rail-road co. cessary engine and water stations, to enter on and occupy, Authority to not exceeding one rood in width, of any adjacent lands enter upon through which it may be necessary to conduct the water they lands to con may require; and that the said president and managers be also authorized to enter on and occupy, not exceeding two houses, &c. erect engine acres of land at any one point, where they may deem it necessary to erect engine houses, stables, shops, reservoirs, or ether necessary buildings, and if the said president and mapagers and the owner of the land cannot agree upon the compensation to be made for any injury or supposed injury that may be done to said land by such entry and occupation, the Assessment same shall be assessed under the provisions of the sixteenth of damages. section of the act incorporating the said company: Provided, That the same shall not interfere with any coal mine, lateral rail road, dwelling house, or other improvements now opening, constructing, or completed.

Proviso.

Individual

SECT. 15. And be it further enacted by the authority aforesaid, That if the owner of any land which may be entered on and occupied under the first section of this act, or for the pur- opposition not pose of constructing any portion of the Danville and Potts- to delay opeville rail road, or for procuring materials for the same, shall rations of oo. oppose said entry and occupation, the construction of the rail road, or of the necessary buildings and devices of the company shall not be delayed thereby, but the same may progress during the pendency of any proceedings, under the sixteenth section of the act incorporating the said company, for ascertaining the same.

oreek Little

SECT. 16. And be it further enacted by the authority afore Fishing said, That the time for commencing the Fishing creek rail creek, Roush road, the Roush creek rail-road, the Swatara and Good creek, SwataSpring creek rail-read, and the Little Schuylkill and Sus- ra, Spring, quehanna rail road, be, and the same is hereby extended for Schuylkill the term of three years from the date hereof, and the time and Susquefor completing said rail roads be, and is hereby extended for hanna railthe term of six years from and after the date of this act.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The eighth day of April, A. D. one thousand

roads.
Time extend,
ed.

eight hundred and thirty-three.

GEO. WOLF.