No. 513. AN ACT To incorporate the president and managers of the Clarion and Allegheny Turnpike Road Company, supplementary to the act regulating turnpike and plank road companies, and to annul the marriage contract between Jonathan Race and Jane his wife, relative to the Frankford and Bristol Turnpike Road Company, the trustees of Ephraim Clark, repealing the thirty-sixth section of act granting certain authorities to the cities of Lancaster and Philadelphia, changing the name of Mary Anna Hindman, relative to ward elections in Moyamensing, legitamizing the daughter of Daniel Brubaker, and the Philadelphia society for the support of charity schools. Commissioners. 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 William Curll, Dr. John Thomas Pritner, Robert Potter, Amos Myers, Thomas Sutton, Daniel B. Curll, Robert Barber, Amos Williams, John Cribbs, William F. Keever, Lindsey C. Pritner, J. Graff, George Means, J. Patton Lyon, Thomas M'Cullough, John W. Kerr, David Rankin, G. L. Benn, Peter Reed, James Potter, Joseph Flick, Joseph Rankin, and J. E. Gould, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title, of "The Clarion and Allegheny Turnpike Road Com-Style. pany," with power to construct a turnpike road from the borough of Clarion, in the county of Clarion, by the way of Keeversburg, Martha Furnace, Curllsville, Reimersburg, to a point at or near the warehouse of J. E. Gould, on the Allegheny river, in said county, subject to Subject to proall the provisions and restrictions of "An Act regulating turnpike and visions of act of plank road companies," approved the twenty-sixth day of January, Anno Domini, one thousand eight hundred and forty-nine, except those hereinafter mentioned. SECTION 2. That the capital stock of said company shall consist of one thousand shares, at twenty dollars each. Location. 1819.. Capital stock.. SECTION 3. That the president and managers may so construct and Grade not to grade the road that the same shall in no place rise or fall in an angle of exceed five demore than five degrees from a horizontal line. grees. SECTION 4. That where the said president and managers deem it prac- May construct ticable, they may construct their road of plank, subject to the act passed road of plank. the twenty-sixth of January, Anno Domini, one thousand eight hundred and forty-nine, and the supplement thereto. SECTION 5. That if said company shall not commence the construc- Time of comtion of this road within three years and complete the same within ten mencement and years from the passage of this act, then this act shall be null and void, completion. except so far as the same may be necessary to wind up the affairs and pay the debts of said company. SECTION 6. That when a vacancy shall occur by death, resignation, Vacancies how or otherwise, in any of the offices of any turnpike or plank road com- filled. pany incorporated under the provisions of the act regulating turnpike and plank road companies, the board of managers of such company shall supply the same by an appointment at a special meeting of the board to be called for the purpose, of which due notice shall be given; such appointment to continue until the next annual election. Managers may require officers to give bond. SECTION 7. That it shall be lawful for the board of managers of any such company to require the treasurer or any other officer of any such company to give bond, with one or more sureties, for such an amount as they may deem necessary, conditioned for the faithful performance of the duties of the office to which he may have been elected or apPlank road com- pointed. panies may regulate tolls without refer ence to width of tire. Damages, how to be ascertained. Divorce of Jon wife. SECTION 8. That plank road companies incorporated under the provisions of the act to which this is a supplement shall have power to regulate their tolls without reference to the breadth of the tire of wheels of vehicles passing over the same. SECTION 9. That in all cases of application for damages occasioned by any turnpike or plank road company, it shall be the duty of the viewers to take into consideration the advantages as well as disadvantages of such road to the owner of the property or applicant for damages. SECTION 10. That the marriage contract entered into by and between athan Race and Jonathan Race and Jane Race his wife, be, and the same is hereby made void, and the parties released and discharged from said contract, and from all duties and obligations arising therefrom, as fully and effectually and absolutely as if they had never been joined in marriage. SECTION 11. That the Frankfort and Bristol Turnpike Road Compike Road Com- pany are hereby authorized to declare their semi-annual dividends on pany to declare the second Mondays of May and November, instead of the time now dividends. directed by their act of incorporation. Frankford and Bristol Turn semi-annual ered to make Proviso. SECTION 12. That the trustees under the will of Ephraim Clark, Trustees under deceased, late of the city of Philadelphia, and their successors in said will of Epbriam trust, in addition to the powers already vested in them shall be, and Clark, empow they are hereby authorized and empowered to make, execute, and conand exchange. summate any exchange or exchanges which they may deem expedient of any part of the said premises for any picee or pieces of land adjoining or adjacent thereto, for the purpose of straightening or completing the lines of the said premises with reference to street or other improvements, and to convey a good and valid estate in fee in such part or parts of said premises free and discharged from the trusts in the said will: Provided, The piece and pieces of land so received in exchange shall be held by the said trustees for the same uses and purposes as are set forth in the will of the said Ephraim Clark, deceased, concerning the said premises, and shall also be subject to the powers and authorities vested in said trustees by said will and by this section, and the act entitled "An Act for the purpose of enabling the trustees of Ephraim Clark, deceased, to sell certain real estate," approved the tenth day of April, one thousand eight hundred and forty-nine, to which this is a supplement; and all sales heretofore made under the authority of said act in the nature of exchange are hereby ratified and confirmed as fully and clearly as if said authority were therein given in express terms. SECTION 13. That the said act to which this is a supplement shall this is a supple- be deemed and taken and construed to vest in said trustees and their ment construed. successors in said trust, full authority and power to sell and dispose of the said tract of land in the Northern Liberties, in the county of Philadelphia, in such lots and of such a size each as to them may seem mest expedient, and either in fee simple or reserving a ground rent out of each of said lots equivalent to the whole or part of the consideration money: Provided, That such sale or sales shall be subject to all and every the clauses and conditions contained in the second section of the act to which this is a supplement. Act to which Repeal of act SECTION 14. That the thirty-sixth section of the act passed the sixauthorizing Se- teenth day of April, Anno Domini, one thousand eight hundred and thirty-eight, entitled "An Act granting certain powers to the authori- cretary of Land Office to apply ties of the cities of Lancaster and Philadelphia, and for other purcertain moneys. poses," be, and the same is hereby repealed. SECTION 15. That from and after the passage of this act, Mary Anna Mary Anna H. H. Hindman, of the city of Philadelphia, shall be called and known by Hindman, name the name of Mary Anna II. Hoskins, and by that name be capable of changed. suing and being sued, and granting and taking any estate, real or personal, by grant, demise, or purchase, in the same manner as she could have done had she been always known by the name of Mary Anna H. Hoskins. Second Ward SECTION 16. That from and after the passage of this act, the general, special, and ward elections in Second Ward Moyamensing, in the county Movamensing, of Philadelphia, shall be held at the public house now occupied by John place of holding McFaull, at the north-west corner of Delaware Eighth and Catharine elections. streets, in said ward. SECTION 17. That Margaret Amelia, daughter of Daniel Brubaker, Margaret of Manheim township, Lancaster county, shall have and enjoy all the Amelia Brubarights and privileges of a child born in lawful wedlock, and shall be able ker legitimated: and capable in law to inherit and transmit any estate whatsover as fully and effectually as if she had been born in lawful wedlock. SECTION 18. That the Philadelphia society for the establishment and Philadelphia support of Charity schools, are hereby authorized to make by-laws de- society for suptermining the number that shall constitute a quorum of said society, port of charity and also the number that shall constitute a quorum of the board of schools may managers of said society, and that so much of any law or laws of this make by laws. Commonwealth as conflicts with the provisions of this section be, and the same is hereby repealed. Speaker of the House of Representatives. J. S. M'CALMONT, V. BEST. Speaker of the Senate. APPROVED-The fourteenth day of May, one thousand eight hun dred and fifty. WM. F. JOHNSTON. No. 514. AN ACT To incorporate the American Primitive Methodist Church of Bloomsburg, estate. 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 this corporation shall be called and known by the name, style, and title, Style. Privileges. Business to be conducted by trustees. First trustees named. First election, when held. tees. of "The American Primitive Methodist Church of Bloomsburg," and by that name shall have perpetual succession, and be able to sue and be sued, to plead and be impleaded, in all the courts of this Commonwealth, and shall be able and capable in law and equity to take and hold to them and their successors for the use of said church, any lands or tenements, goods, chattels and effects of whatsoever nature or kind, the same may be either real, personal, or mixed, which now is or shall at any time hereafter become the property of said church, or which is now or shall hereafter be held for their use, or by gift, grant, bargain, sale, conveyance, devise, bequest, or otherwise howsoever, by or from any person or persons whomsoever, and the same to grant, bargain, sell, convey, mortgage, improve, encumber, or dispose of for the use and benefit of said the male members of said church: Provided, That the yearly value or income of said estate shall not exceed the sum of two thousand five hundred dollars, nor shall said income be appropriated for any other than benevolent or religious purposes. SECTION 2. The business of said church and congregation shall be conducted by six trustees, all of whom shall be of the age of twentyone years and upwards, and male communicant members of the church according to the rules, regulations, and principles of the general conference of the "American Primitive Methodist Church in the United States of America," as the same is now established and existing. SECTION 3. Until others are elected as hereinafter provided for, the following-named persons shall be trustees, to wit: John Williams, William Powell, William Wood, Charles Vaughn, Charles Wood, and William Donaldson, who shall continue in office until the first Monday of December, Anno Domini, one thousand eight hundred and fifty, on which day the male members of said church, of twenty-one years and Term of trus upwards, shall elect six persons to serve as trustees, two of whom shall serve three years, and two of whom shall serve for one year, and two of whom shall serve two years, the time of service to be designated by the electors in their ballots, the place of holding as regards of whose terms shall expire, shall be filled at the annual election to be held for that purpose on the first Monday of December in each and every year by the election of two persons to serve for three years: Provided, That in case of a vacancy by death, resignation, or otherwise, the remaining trustees shall appoint a qualified person to fill the vacancy until the next annual election, when the vacancy shall be filled by an election. SECTION 4. All elections shall be held by the male members of said Who may vote church of the age of twenty-one years and upwards, and shall be by ballot, and conducted by three inspectors chosen by the electors present at the time and place of holding the election; and notice of the time and place of all elections shall be publicly made on a Lord's day preceding, immediately after divine service, at least one week before the time of holding such election; and in case the members of said church shall fail to make an election on the day of their annual election, the trustees shall appoint some time or times for the same, notice of which must be given as aforesaid. Proviso. at elections. Trustees to SECTION 5. The trustees named in section three, and their successors choose officers. duly elected, shall from time to time as often as they may think proper, choose from amongst their number a president, secretary, treasurer, and such other officers as from time to time shall be found necessary for the better management of the business of said church; they shall have full power to enact and enforce all such by-laws and ordinances as they shall find necessary or deem proper for the good order and transacting the business of said church and congregation, and to make, have, and use a common seal, and the same to alter, renew, or break at their Trustees to enforce by-laws, &c. pleasure, to change the time and fix the place of holding all elections, Who are mem SECTION 6. Every male member of the age of twenty-one years and upwards, and in full communion in said church according to the rules, bers of said corregulations, and principles of the general conference of the American poration. Primitive Methodist Church in the United States as now extablished and existing, shall be considered a member of said corporation, and as such shall be entitled to speak and vote at all the business meetings and elections of the congregation. SECTION 7. That the county of Montour be, and the same is hereby Montour county attached to the eighth division of the uniformed militia of Penn- attached to 8th sylvania. district of Pennsylvania militia. appropriation to SECTION 8. That the nineteenth section of the act entitled "An Act to provide for the ordinary expenses of government, the repair of the Danville and public cals and railroads, and other general and special appropria- Pottsville Railtions," approved the tenth day of May, one thousand eight hundred road Company, and fifty, be so amended as to authorize instead of the sum of eight amended. thousand five hundred dollars the payment of the sum of fifteen thousand dollars, or so much thereof as may be necessary on the guaranty to the loan holders of the Danville and Pottsville Railroad Company. SECTION 9. That from and after the passage of this act, the general, Third Ward special, and ward elections in Third Ward Moyamensing, in the county Moyamensing, of Philahia, shall be held at the public house now occupied by place of holding James Duty, on the east side of Thirteenth street and north of Catha- elections. rine street in said ward. tate. SECTION 10. That John R. Vogdes, guardian of the estate of William Guardian of D. M'Kiin, a minor child of David M'Kibbin and Martha his wife, Wm. D. McKiblate of the county of Dauphin, in the State of Pennsylvania, deceased, bin authorized be, and he is hereby authorized and empowered to sell and dispose of, to sell real escither at public or private sale, all the estate, right, title, and interest, property, claim, and demand whatsoever, of him the said William D. M'Kibbin, minor as aforesaid, of, in, and to all or any part or parts of the real estate; lands, tenements, and hereditaments situate, lying, and being in the city and county of Philadelphia or elsewhere in the State of Pennsylvania, whereof the said David M'Kibbin and Martha his wife died scised or possessed, and also to grant and convey the same in fee simple unto the purchaser or purchasers thereof, and to make, execute, acknowledge, and deliver to the said purchaser or purchasers, good and sufficient deed or deeds, conveyances, and assurances in the law for the same: Provided, That before any deed of conveyance shall be executed for the same, the said guardian shall give a bond in such sum and with such surety as the Orphans' Court of the proper county in which the said real estate so sold is situated, shall order and direct for the faithful application of the proceeds of sale of the real estate hereby authorized to be sold. First Ward first precinct, SECTION 11. That from and after the passage of this act, the qualified Spring Garden, voters of the first precinct, First Ward Spring Garden, in the county place of holding of Philadelphia, shall hold their general and ward elections at the public elections. |