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is made as aforesaid, the same shall be approved by the Orphans' Court of Philadelphia city and county; and the said court, before such approval, shall require said trustee or trustees so making such sale or sales, to give security as the said court may direct, for the proper and faithful application of the proceeds of such sale or sales.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The twentieth day of February, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

No. 74.

A SUPPLEMENT

To an act authorizing the Governor to incorporate the "Waynesburg, Greencastle, and Mercersburg Turnpike Road Company," approved January twentyninth, Anno Domini, one thousand eight hundred and sixteen.

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 the president and managers of the Waynesburg, Greencastle, and Mercersburg Turnpike Road Company, be, and they are hereby authorized and empowered to publish in one newspaper, printed in the county of Franklin, and one in the county of Adams, a list of all the stockholders in said company who have not paid up their subscriptions in full, giving the names of the original subscribers or their assignees, if known, together with the amount due from each, and notifying them or their heirs, that the said balances must be paid to the treasurer of said company on or before a certain day therein named, which shall not be less than six months after the first publication of said notice, otherwise the said shares of stock, and all payments made therein, will be forfeited to the said company; and if the said balances shall not be paid within the period so fixed and published, then it shall be lawful for the president and managers of the said company, at any time subsequent thereto, to declare the said stock and the payments thereon forfeited to the said company.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTIAS,
Speaker of the Senate.

APPROVED-The twentieth day of February, A. D., one thousand

eight hundred and fifty-one.

WM. F. JOHNSTON.

Preamble.

No. 75.

AN ACT

To provile for patenting certain out-lots in the town of Franklin, Venango county, and for vacating the streets, lanes, and alleys intersecting the same; and to authorize the sale of a church in Warren county.

WHEREAS, Under the provisions of an act of Assembly, approved April eighteenth, in the year one thousand seven hundred and ninetyfive, entitled "An Act to provide for laying out and establishing towns and out-lots within the several tracts of land heretofore reserved for public uses, situated respectively at Presque Isle, on Lake Erie, at the mouth of French Creek, at the mouth of Conewango Creek, and at Fort le Bœuf," the commissioners appointed to fulfil the directions of said act, did survey or cause to be surveyed, seven hundred acres of land adjoining the town lots of the town of Franklin, with out-lots of not more than five acres each, with streets, lanes, and alleys intersecting the same.

And whereas, These out-lots, after being sold and a portion of the purchase money thereof paid into the treasury, have since become the property of a few individuals and used as farm land, and from their situation cannot be useful to the citizens of Franklin as mere out-lots, and the further continuance of the said streets, lanes, and alleys, as common highways has become inconvenient and burdensome to the holders of the said out-lots, and an obstruction to the improvement; 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 the holders in fee simple of that portion of the out-lots of the town of Franklin which lies in the township of Sugar Creek, Venango and aileys in the county, may, by an aggreement among themselves and with one another, town of Frank-Waive the use of the streets, lanes, and alleys, intersecting the said outlin, authorized lots as common highways, and the further continuance of the same as to be vacated. such common highways, and such agreement being duly executed and

Streets, lanes,

acknowledged, and recorded in the office of the recorder of deeds for Venango county, shall operate from the date of said record as a vacation of the same; and said out-lots shall thenceforth be held and used as if said streets, lanes, and alleys, had never been surveyed; and further, that the holders in fee simple of any of the said out-lots fronting on or adjoining any one or more of the said streets, lanes, and alleys, on both sides, and for the whole length thereof, being desirous of vacating any one or more of the said streets, lanes, and alleys, so adjoining the said out-lots, may, by an agreement of tenor as aforesaid, executed, acknowledged, and recorded as aforesaid, waive the further continuance and use of the said street, lane, or alley, as common highways, and from the date of the said record, such street, lane, or alley, shall be held and deemed vacated, and such out-lot or out-lots may thenceforth be held and used as if such street, lane, or alley, had never been surveyed.

SECTION 2. That any person holding in fee simple one, or more than Any number of one, of the out-lots of the town of Franklin, may patent the same, and out-lots may be may cause to be contained in one patent any number of the said out- included in one lots he may so own and have title to, including in said patents the patent. proper proportion of said streets, lanes, and alleys.

SECTION 3. That the street running along the banks of French Relative to a cerCreek, from Martin street to out-lot number thirty-four, of the borough tain street in Franklin. of Franklin, in Venango county, shall be and remain a public street and highway, and shall be maintained of the width and length the same has been opened and used for years past.

SECTION 4. That the trustees of the Methodist Episcopal church at Trustees of the Tidiute, in the township of Dearfield, Warren county, are hereby M. E. church at authorized to sell the lot of ground upon which their church edifice is Tidiute, Warren erected, together with said edifice, in such manner as they shall deem county, authorbest, and make a deed for the same to the purchaser thereof.

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APPROVED-The twentieth day of February, A. D., one thousand eight hundred and fifty-one.

ized to sell real estate.

WM. F. JOHNSTON.

No. 76.

AN ACT

For the relief of Levi Reynolds.

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 the Court of General Quarter Sessions of Mifflin county are hereby authorized and directed to permit Levi Reynolds, or his vendee, to make application for damages done to lot number thirty-eight, in the plan of the borough of Lewistown, by reason of a street or public highway which has been made over and upon the same, as though application had been made to said court within one year from the opening of the same, and with like effect as though no application had heretofore been made by said Reynolds: Provided, The said Reynolds, or his vendee, make affidavit that the original application was not made in time through a misunderstanding of the true meaning of the act of

one thousand eight hundred and thirty-six, relating to roads and

bridges.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The twentieth day of February, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

No. 77.

A SUPPLEMENT

To an act entitled "An Act to incorporate the Philadelphia Life Insurance 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 in addition to the powers and privileges heretofore granted to "The Philadelphia Life Insurance Company," the said company shall have and enjoy the same powers and privileges which are granted to the Western Insurance Company of the city of Pittsburgh, by an act entitled "An Act incorporating the Western Insurance Company of the city of Pittsburgh, in the county of Allegheny," passed the twentieth day of March, Anno Domini, one thousand eight hundred and forty-nine.

JOHN CESSNA,

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APPROVED-The twentieth day of February, A. D., one thousand

eight hundred and fifty-one.

WM. F. JOHNSTON.

No. 78.

AN ACT

To incorporate the Martinsburg Plauk Road Company, in Blair county.

Style.

SECTION 1. Be it enacted by the Senate and House of Represenlatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Samuel Hoover, Emanuel Gibboncy, Doctor John Getty, Michael Greybill, G. B Spang, John M'Kee, Isaac Rhoads, Davis Brooks, E. H. Lytle, L. Slingluff, J. W. Duncan, Jacob Nicodemus, and Theophilus Snyder, or any five of them, be, and they are hereby appointed Commissioners, to open books, receive suscriptions, and organize a company, by the name, style, and title, of "The Martinsburg Plank Road Company," to locate and construct a plank road from the borough of Martinsburg, in the county of Blair, to the most practicable point on the Hollidaysburg and Bedford Plank Road in said county, by the nearest and best route, subject to all the provisions and restrictions of Subject to proan act regulating turnpikes and plank road companies, passed the twenty- vision of certain sixth day of January, one thousand eight hundred and forty-nine, and act. the supplements thereto, excepting that portion of the thirteenth section of the said act relating to tolls, which discriminates in favor of wheels of the width of four inches and upwards; and the company hereby incorporated, shall have power to regulate their tolls within the limits prescribed by said thirteenth section, without reference to the width of wheels in any ease.

SECTION 2. That the capital stock of said company shall consist of six hundred and forty shares of twenty-five dollars per share: Provided, That said company may from time to time, at a meeting of the stockholders called for that purpose, increase the capital stock to such an amount as in their opinion may be required to complete the same, according to the true intent and meaning of this act.

Capital stook.

SECTION 3. That if the said company shall not commence the con- Time of comstruction of said road within five years from the passage of this act, mencement and and complete the same within ten years thereafter, this act shall become construction. null and void, except so far as to wind up the affairs of said company,

and pay the debts of the same.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The twentieth day of February, A. D., one thousand

eight hundred and fifty-one.

WM. F. JOHNSTON.

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