SECTION 3. That it shall be the duty of said commissioners plainly Further duties. and distinctly to mark the ground on the route agreed upon for the road aforesaid, in such manner as to enable the supervisors readily to find and properly construct the same. And for the purpose of fulfilling the duties in this act enjoined, the said commissioners are hereby authorized to employ one engineer at a per diem allowance not exceeding three dollars, two chain-bearers and one axeman, at a per diem of not exceeding one dollar and twenty-five cents; and the said commissioners shall each receive a per diem allowance not exceeding two dollars and fifty cents for each and every day necessarily spent in the discharge of the duties enjoined by this act: Provided, That no person acting as commissioner under the provisions of this act shall receive the compensation of engineer in addition to the per diem allowance of commissioner.

SECTION 4. That it shall be the duty of said commissioners to make Drafts. out fair and accurate drafts of the location of said road, noting thereon the courses and distances as they occur, the improvements passed through, and also the crossing of township lines, roads, and waters, with such other matters as may serve for explanation. One copy shall be deposited in the office of the Secretary of the Commonwealth on or before the first Tuesday of January next, and one copy in the office of the clerk of the Court of Quarter Sessions of the respective counties in which the said road may be laid out, on the day aforesaid, or as much sooner as practicable, which shall be a record thereof; and from thenceforth the said road shall be to all intents and purposes a public highway, and shall be opened to the breadth of forty feet, and repaired in all respects as roads are opened and repaired which are laid out by order of the courts aforesaid.

SECTION 5. That the accounts of the commissioners for their pay, Accounts. and that of the engineer, chain-bearers, and axe-men, shall be made out and returned to the commissioners of the counties in which said road may be located, in proportion to the time spent in the respective counties in locating said road, and that they be paid out of the treasury of each of the respective counties, on warrants drawn in the usual

way.

SECTION 6. That the said commissioners shall meet at such point as Meeting of comthey may appoint, on the first Monday of April next, and complete missioners. the location of said road as soon thereafter as practicable. And if any vacancy or vacancies occur by death, resignation, or otherwise, the Court of Quarter Sessions of the county where such vacancy or vacancies happens, shall fill said vacancy or vacancies by the appointment of suitable persons who shall perform said duty.

authorized to

SECTION 7. That the school directors of Wilmington township, in School directors the county of Lawrence, may, if they think it proper, sell school house of Wilmington number seven, in the village and sub-district of New Wilmington, with township, Lawthe lot and appurtenances thereto attached, and shall be their duty in rence county, case they make such sale, to invest the proceeds thereof in the pur-sell a certain chase of a lot more eligibly situated, and the erection thereon of a school house. building for school purposes; and said directors are hereby empowered to make any deed necessary fully to convey said school house number seven, and the lot attached thereto, to the purchaser thereof.

SECTION 8. That the qualified voters of the borough of New Castle, Assessor for Lawrence county, are hereby authorized to elect an assessor for said New Castle, borough, who shall perform the same duties, and be subject to the same Lawrence counrules and penalties, as have heretofore governed the assessor of Neshan- ty. nock township, heretofore connected with the said borough; and the

county commissioner shall appoint a suitable person to collect the taxes thus assessed, as in other townships and boroughs of this county.

APPROVED-The eighteenth day of March, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

No. 155.

AN ACT

Authorizing the administrator of Samuel Lowther, deceased, to deliver a deed executed by said deceased in his lifetime to George W. Boyd, for the undivided one-fourth of a piece of ground in Harrisburg.

WHEREAS, Samuel Lowther, late of the city of Wheeling, in the State of Virginia, in his lifetime, and Sarah Jane his wife, in pursu ance of a parol contract entered into with George W. Boyd, of the borough of Harrisburg, executed and acknowledged in due form of law, a deed conveying to the said George W. Boyd, his heirs and assigns, for the consideration therein named, the undivided one-fourth part of a lot of ground situate on Second street, in said borough, being thirty feet front on said street, and extending back the same width, in a southwest direction one hundred and five feet, to a lot of George Fisher; bounded on the east by a lot late the property of John Clapp, deceased, and others; and on the west by a lot late the property of the Pennsylvania Bank, the said George W. Boyd having previously become the purchaser of the undivided three-fourths of the said lot of ground, and being in full possession of the whole thereof, which deed was transmitted by the said Samuel Lowther to his attorney at Harrisburg, to be delivered to the said George W. Boyd, on payment of the consideration named in said deed; but before the payment thereof, or the delivery of the said deed, the said Samuel Lowther died, without hav ing made any provision for perfecting the said contract; 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 Charles L. Berghause, administrator of the estate of the said Samuel Lowther, deceased, in Pennsylvania, upon receipt of the consideration named in said deed, with interest thereon from the date thereof, be, and he is hereby authorized to deliver to the said George W. Boyd the said deed, and that the said delivery shall be as effectual in conveying to him, the said George W. Boyd, his heirs and assigns, the estate therein granted and conveyed, as if the same had been delivered by

the said Samuel Lowther, deceased, and the said Sarah Jane his wife, in his lifetime.

APPROVED-The eighteenth day of March, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

No. 156.

AN ACT

Authorizing David Diehl, executor of John Throne, deceased, to purchase real estate.

WHEREAS, By the last will and testament of John Throne, late of the borough of Hanover, in the county of York, deceased, a certain portion of his estate is bequeathed to his daughter Polly, intermarried with Andrew Eckert of said borough, to be invested in "stocks" or "other security" by David Diehl, executor of said last will and testament, for her sole separate use during her lifetime, and after her death the said principal to be divided among her children share and share alike.

And whereas, It will be much to the advantage of the said Polly Eckert and her children, that her said share as aforesaid should be invested in real estate; 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 David Diehl, executor of the last will and testament of the said John Throne, deceased, be, and is hereby authorized and empowered to purchase with the share of the said Polly Eckert arising from the estate of the said deceased, such real estate as the said Polly and her children who are of age, and the guardian of such as are minors may designate, and convey the same to the said Polly for life, with remainder over in fee to the children of Polly after her death, according to their respective interests, under the will of John Throne, deceased, in full discharge of his liabilities as executor of said John Throne, deceased, so far as the share of the said Polly is concerned.

APPROVED The eighteenth day of March, A. D., one thousand

eight hundred and fifty-one.

WM. F. JOHNSTON.

Form of subscription.

No. 157.

AN ACT

To incorporate the Philadelphia and Savannah Steam Navigation Company.

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 David S. Brown, William Whitney, Thomas T. Lex, James Murphy, Commissioners. Mahlon Williamson, C. H. Willing, Isaac C. Jones, James N. Dickson, Josiah Baron, and Chas. W. Bender, shall be, and they are hereby appointed commissioners for the purposes hereinafter mentioned; that is to say, they or a majority of them, after giving two weeks' notice in two or more newspapers published in the city of Philadelphia, and such other cities as they may deem advisable, of the time and places by them appointed for that purpose, shall procure, open, and keep open for at least four hours in each day for three successive days, a suitable book or books, and receive subscriptions therein from all persons duly qualified and desirous of taking stock in the company to be incorporated in pursuance of this act, and the form of such subscription shall be as follows, viz: "We whose names are hereunto subscribed, do severally promise to pay to 'The Philadelphia and Savannah Steam Navigation Company' the sum of five hundred dollars, for each and every share of stock set opposite to our respective names, at such times and in such instalments as the managers of the said company may require;" and the said persons at the time of subscribing, or at such other time within sixty days thereafter as the commissioners may determine, shall pay to the said commissioners an instalstalment of twenty-five dollars on each share of stock by them respectively subscribed; and when one hundred and forty shares or more shall have been subscribed, and twenty-five dollars on each share paid thereon to the commissioners as aforesaid, the said commissioners, or a majority of them, shall certify the same to the Governor, three of whom at least shall verify the statements contained in said certificate by their affidavit before some alderman or justice of the peace; whereupon the Governor shall by letters patent, under the seal of the Commonwealth, create Letters patent. and constitute the subscribers, and those who may thereafter subscribe to the stock of the said company, their successors and assigns, a body corporate and politic, by the name, style, and title, of "The Philadelphia and Savannah Steam Navigation Company," and by the said name, style, and title, the said company shall have perpetual succession, and be able and capable in law to sue and be sued, plead and be impleaded, and to receive, possess, employ and dispose of, ships and vessels with their appurtenances, and the steam engines and other machinery necessary and proper for the propulsion and navigation thereof; and to hold and use all necessary and convenient easements for lading and unlading, receiving and delivering merchandize, transported or to be transported in such ships and vessels so to be customarily navigated by steam; and further, to have all such other rights and powers as may be properly incident to a corporation having for its object the navigation of the ocean, bays, and rivers by steam power, and the transportation

Style.

Privileges.

of goods, wares, and merchandize, and the conveyance of passengers by means of such navigation to and from the city of Philadelphia: Provided however, That nothing herein contained shall be construed to confer on the said corporation any banking, trading, or mining privileges, or the right to hold real estate other than wharves and store-houses necessary for the transaction of the business of the company; nor shall it be lawful for said company to carry freight or passengers to or from any port or place on the Delaware river, or bay northward of the breakwater: And provided also, That it shall not be lawful for the said corporation at any time to contract debts exceeding in amount the one-half of the capital stock actually paid in.

Annual elec

tions.

SECTION 2. That the stockholders in said company when incorpo- Organization. rated as aforesaid, or as soon thereafter as may be convenient, shall meet at such time and place as may be designated by a majority of the commissioners, of which at least one week's previous notice shall be given in not less than two newspapers in the city of Philadelphia, and elect by ballot five managers to conduct and manage the affairs of the said company until the first Tuesday in February following, and until others are elected in their stead; and on the said first Tuesday in February following, and annually thereafter, of which at least two weeks' previous public notice shall in each case be given as aforesaid, the said stockholders in such manner and at such places as may be determined by the by-laws of said company, shall elect five managers to conduct and manage the affairs of the said company for the year ensuing; but if the said election from any cause shall not take place when by this act it ought to have taken place, the said corporation shall not for that cause be dissolved, but the said election may be held within forty days thereafter, or at such time as a majority of the stockholders may determine upon, previous notice being given of the time and place as aforesaid. Each share of stock shall entitle the holder thereof to one vote at any general meeting or election of said company, but no person shall vote by proxy, except such as are not residents of the city and county of Philadelphia, nor shall any one person be entitled to more than one-sixth of the whole number of votes to which the holders of all the shares in the capital stock of said company would be entitled. A majority of the directors shall form a quorum for the transaction of business, and at their first meeting after an election as aforesaid, they shall elect one of their number to be president and a suitable person to be treasurer of the said company; they shall have power to establish such by-laws and regulations as they may deem necessary and expedient, and may fill vacancies which may occur in their own body or in the office of president; they shall cause to be kept a full and complete record of the proceedings of the stockholders and of their own body in suitable books to be provided for that purpose, and also suitable books of accounts in which shall be entered and fairly stated all the business transactions of the company; they may also appoint such officers or agents as the operations of the company may from time to time require, and fix the amount of salary to be paid to each.

tain moneys.

SECTION 3. That the commissioners aforesaid shall pay over to the treasurer of the said company, immediately after he shall have entered Commissioners upon the duties of his office, or to such other person as the managers to pay over cermay direct, all the money received by them or either of them on account of the shares of stock in said company subscribed as aforesaid, after deducting the amount of expenses incurred in performance of the duties assigned them in this act; and the managers shall call in and collect the amount subscribed by the stockholders, at such times and