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Object.

Corporators.

Style.

Privileges.

Seal.

Annual meet

No. 284.

AN ACT

To incorporate the Union School and Children's Home Asylum, to provide for the taxation of non-resident venders of merchandize in the city and county of Philadelphia, and for the relief of Edward Hutchinson.

SECTION 2. 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 there shall be, and hereby is established in the city or county of Philadelphia, an asylum by the name and style of "The Union School and Children's Home," the object and design of which institution shall be to afford a home, food, clothing, and schooling for destitute orphan children, and for such poor children as may be neglected or deserted by their parents.

SECTION 2. That the trustees of the said asylum shall for the time being, and until others shall be appointed in the manner hereinafter provided, consist of the following persons, to wit: William D. Kelley, Joel Jones, John Farnum, John W. Claghorn, John C. Pechin, J. Fisher Leaming, William R. Hanson, Horatio C. Wood, Martin Thayer, Rene Gillou, and their associates, at present managers of said institution heretofore known as the "Moyamensing Union School and Chil dren's Home;" which said trustees and their successors shall be, and are hereby declared to be a body politic and corporate, by the name and style of "The Trustees of the Union School and Children's Home," and by the same name they shall have perpetual succession, and shall be capable in law to sue and be sued, plead and be impleaded, in all courts of record and elsewhere, and shall be competent and capable in law and equity to take and to hold to them and their successors, for the use of said asylum, lands, tenements, hereditaments, goods, chattels, rights, interests, and effects of any kind, nature, or quality whatsoever, by gift, grant, bargain, sale, conveyance, assurance, will, testament, devise, or bequest, from any person or persons capable of making the same, and the same from time to time to grant, bargain, sell, demise, alien, lease, and dispose of, for the use of the said asylum, and they shall have power to purchase or erect such building or buildings as may be necessary for the purposes of said institution, and power also to do all and singular the things necessary, proper, and lawful to be done for the well-being of the said institution, and the due management and well-ordering of the affairs thereof: Provided, That the clear yearly income of the lands and tenements to be taken and holden as aforesaid shall not exceed the sum of five thousand dollars.

SECTION 3. That the said trustees and their successors shall have power and authority to make and use a common seal, and to alter and change the same at their pleasure.

SECTION 4. That the said trustees shall hold their first meeting on ing of trustees. the first Tuesday of May next in the city of Philadelphia, at such place and hour as they or a majority of them shall designate; and they or their successors shall meet annually in October in each succeeding year, at such time and place as by their by-laws they shall appoint; they

shall have power at the meetings so to be holden in connexion with the life-members of this institution, to elect trustees in the place of those who may be removed by death, resign, cease to act, or otherwise relinquish the said trust

SECTION 5. That the said trustees and their successors shall have power to make all by-laws necessary or proper for the government of their own proceedings, and for the management of the said institution: Provided, The same be not inconsistent with the Constitution and laws of this Commonwealth. Also to appoint a president, treasurer, secretary, and such other officers as the convenient management of the affairs of the said corporation may require.

By-laws.

SECTION 6. That the said trustees and their successors shall have Appointment of power also to meet from time to time, whenever and so often as the in- teachers, &c. terests of said asylum may require, in such manner and according to such regulations as they may by their by-laws direct, and they shall have power at any meeting convened as aforesaid to appoint such teachers, managers, visitors, and care-takers as may be necessary or proper for the instruction, control, and care of the children received into the said asylum, and to attain in the best manner the objects of the same, and to do all such other business as the proper management of the funds and the general interests and concerns of said corporation may require.

Power to receive

SECTION 7. That the said trustees shall have power to receive and to retain under their control all such poor children under the age of and retain poor thirteen years as may be brought to the said asylum for the purpose children, &c. of being received into the same by the father of such children, if he be living, or if he be dead, by the mother of the said children, also all such orphan children and all such other children as may be neglected or deserted by their parents or their surviving parent, which shall be brought to them for the purpose aforesaid, subject nevertheless in these last-mentioned cases to the approval of a judge of a Court of Record for the city and county aforesaid; and the said children when so received, to detain, maintain, educate, and control until proper persons can be found who may be willing to receive them as apprentices to some useful art, trade, calling, or employment; and thereupon the said trustees, or a committee of their board appointed for that purpose, shall have power with the assent of any alderman, justice of the peace, or judge of a Court of Record of the said city or county, to bind by indenture the said children, or any of them, as apprentices as aforesaid, in the case of males until the age of twenty-one years, and in the case of females until the age of eighteen years, stipulating and agreeing nevertheless on behalf of the child in every such indenture, that the master or mistress shall provide meat, medicine, clothing, lodging, instruction, and all other things necessary, usual, or proper for the comfort and support of the child so to be bound, and for his or her well-being and advancement in life; which indentures so made shall be of full force and effect for all and singular the purposes therein specified as aforesaid.

SECTION 8. That no misnomer of the said corporation shall defeat or annul any gift, grant, devise, or bequest to the said corporation: Provided, It shall sufficiently appear by the will, gift, grant, or other writing, that the party making the same intended to give or pass thereby to the said corporation the interest or estate therein expressed or described.

Misnomer.

SECTION 9. That from and after the first day of May next, it shall not Sale by sample, be lawful for any person or persons to sell within the city or county of card, or other Philadelphia by sample, card, or other specimen, any goods or merchan-specimen of

goods, &c., in the city and county of Phila

delphia in certain cases pro

hibited.

License to sell by sample, &c., authorized to be granted.

Canal Commis

claim of Edward Hutchinson.

dize of any kind or description whatsoever, for or on account of any merchant, manufacturer, or other persons not having his principal place of business within this State, and to whom a license has not been granted under the laws of this Commonwealth; and if any person shall sell or exhibit for sale, either by sample, card, or otherwise, in the city or county of Philadelphia, any goods or merchandize in violation of the provisions of this act, such person or persons so offending shall be lia ble to a fine of three hundred dollars for every such offence, which may be recovered by a suit in the name of the Commonwealth before any alderman or justice of the peace of the city or county of Philadelphia, one-half to the use of the informer, who shall be a competent witness in such case, and the other half to be paid to the treasurer of the city of Philadelphia for the use of the Commonwealth.

SECTION 10. That a license to sell goods and merchandize within the county of Philadelphia by sample, card, or otherwise, shall be granted by the treasurer of the city of Philadelphia to any person who may not have his principal place of business within this State, on payment to the said treasurer for the use of the State three hundred dollars; but no license so granted shall authorize such person to vend goods or merchandize in the manner aforesaid for a longer period than one year from the day on which it may be issued.

SECTION 11. That the Canal Commissioners be, and they are hereby sioners author- authorized and required to examine the claim of Edward Hutchinson, ized to examine former lock-keeper on the Juniata division of the Pennsylvania canal, for compensation for the services of an assistant lock-keeper at locks numbers thirty-four and thirty-five on the Juniata division of said canal, and to certify the amount of money, if any, coming to said Edward Hutchinson for such services to the Auditor General, who shall draw his warrant on the State Treasurer for the amount: Provided, The claims so allowed shall not exceed seventy-two dollars.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The twelfth day of April, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

No. 285.

AN ACT

To incorporate the Towanda and Athens Plank Road 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 Commissioners. C. L. Ward, William Elwell, John C. Adams, John F. Means, Joseph

Location.

D. Montanye, William Deipuich, George Gore, George Kinney, D. F. Barnstow, and Edward Herrick, of Bradford county, or any five of them, be, and are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title, of "The Towanda and Athens Plank Road Company," with power to con- Style. struct a plank road from Towanda borough, in Bradford county, to the New York State line, near the Waverly station on the New York and Erie Railroad, with the right to connect with the Athens Plank Road Company in the borough or township of Athens, in said county, and to construct a lateral branch in said borough of Athens to the bridge over the Chemung river in said borough, subject to all the provisions Subject to proand restrictions of an act entitled "An Act regulating turnpike and visions of cerplank road companies," passed the twenty-sixth day of January, one tain act. thousand eight hundred and forty-nine, excepting so far as may be hereinafter provided for.

SECTION 2. That the capital stock of said company shall consist of four hundred and fifty shares, of fifty dollars per share: Provided, That the said company may from time to time increase the same under and by virtue of the authority contained in the aforesaid general act.

Capital stock.

Powers of presi

SECTION 3. That the said president and directors shall have power and authority to contract with any bridge company controlling the same dent and direcfor the use of any of the bridges across the said river, and by them-tors. selves or their superintendents, engineers, artists, and workmen to enter in and upon, and occupy all land on which the said plank road or its depots and warehouses may be located, or which may be necessary for the erection of weight and scales, or any other purpose necessary or useful in the construction and repairs of said plank road, and therein to dig, embank, make, and construct the same; also, to locate and construct said road or portions thereof on the public highways, especially that portion known as the narrows in Wysox and Sheshequin townships: Provided, That said company shall first make compensation to the Damages, how owner or owners of ground, and materials and property so taken and to be adjusted. occupied as aforesaid, or give adequate security therefor. But if the parties cannot agree upon the compensation to be made to such owner or owners, it shall and may be lawful for the parties to appoint three suitable, judicious, and disinterested persons of the county of Bradford, who shall be under oath or affirmation, and if they cannot agree upon such persons, then either of the parties, after giving twenty days' notice to the other, may apply to a judge of the Court of Common Pleas of Bradford county, and the said judge shall appoint three judicious, disinterested men of said county, in order to ascertain and report to the Court of Common Pleas what damages, if any, have been sustained by the owner or owners of the said ground by reason of the construction of said plank road through the same, which said appraisers being duly sworn or affirmed, and having viewed the premises, shall proceed to estimate the quantity and quality of the land occupied by said plank road and all other inconveniences which may be likely to result therefrom to the said lands; and in view of these considerations, and a just regard to the advantages which may seem likely to result to the owner or owners of the said land from the opening of the said plank road through the same, to make their assessment and report to the court, which report being confirmed by the said court, judgment shall be entered thereon, and execution may issue in the case of non-payment for the sum awarded, and the costs and expenses incurred by the said appraisers shall be defrayed by said plank road company: Provided, That either party may appeal to the court within thirty days after such report may have been filed in the prothonotary's office of the

Said plank road

cross roads.

said county of Bradford, in the same manner as appeals are allowed in other cases: Provided however, That in all cases where an appeal is taken by either party, the company may immediately upon such appeal being taken as aforesaid, enter upon, occupy, take, and carry away any ground, material, or property necessary for the use and construction of the aforesaid plank road: And provided also, That if any person or persons owning land or any other property which shall be affected by this act be feme coverts under age, or non compos mentis, or out of the State, then in either of those cases the president and directors of the company, and at the costs and charges of said corporation, shall within one year after the construction of the plank road through said land represent the same to the Court of Common Pleas of the aforesaid county, who shall proceed thereon in the same manner and to the same effect as is directed by this act in other cases: And provided, The consent be had of a majority of the commissioners of the townships in which said road shall be located on the public highway, or the consent in writing of twothirds of the owners of land through which the public highway passes.

SECTION 5. That the said plank road shall be so constructed as not not to impede to impede or obstruct the free use or passage of any public road or roads which may cross or enter the same; and in all cases where the said plank road may cross or in any manner interfere with an existing public road, canal, or slack-water navigation, the said company shall make or cause to be made as soon as conveniently may be, a good and sufficient causeway or causeways to enable all persons safely to pass over or travel such public roads; and if the said company shall neglect or refuse to keep the same in good repair, they shall be liable to pay a penalty of ten dollars for every day the same shall be so neglected or refused to be repaired, to be recovered by the supervisor of the township, with costs for the use of the township, as debts of like amount are by law recoverable, and shall moreover be liable to all actions at the suit of any person who may be aggrieved thereby.

Causeways.

SECTION 6. That for the accommodation of all persons owning or possessing lands through which the said plank road may pass, it shall be the duty of said company to make or cause to be made a good and sufficient causeway or causeways, wherever the same may be necessary, to enable the occupant or occupants of said lands to cross or pass over the same with wagons, carts, and implements of husbandry as occasion may require; and the said causeway or causeways when made shall be maintained and kept in good repair by said company, and if the said company shall neglect or refuse on request to make such causeway or causeways, or when made to keep them in good order, the said company shall be liable to pay to any person aggrieved thereby all damages sustained by such person in consequence of such neglect or refusal, to be sued for and recovered before any magistrate or court having cognizance thereof. Provided, That the said company shall in no case be required to make or cause to be made more than one causeway through each plantation or lot of land for the accommodation of any one person owning or possessing land through which the said plank road may pass; and where any public road may or shall cross said plank road the company shall not be required to erect or keep in repair any causeway or bridge for the accommodation of the occupant of said land: Provided further, That in the event of any private bridge or causeway being converted to public use so as to be made to accommodate a public road laid out subsequent to the passage of this act, then in such case the company shall be forever thereafter exonorated from the duty of keeping said bridge or causeway in good repair.

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