Commissioners. Style. Subject to provisions and re strictions of certain act. Capital stock. Proviso. Tolls. Viewers. Commencement of road. No. 297. AN ACT Authorizing the Governor to incorporate the Wilkinsburg and Troy Farm Ture pike or Plank Road company; and relative to the Ridge Turnpike Road com pany. 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 James Kelly, Thomas Dickson, Samuel Dennison, James Swishelm, H. B. Mitchell, and H. W. Horbach, of Allegheny county, be and are hereby appointed commissioners, to open books, receive subscriptions and organize a company, by the name, style and title of "The Wilkinsburg and Troy Farm Turnpike or Plank Road company," with power to locate and construct a turnpike or plank road in said county, commencing at the corner of Hay and Main street, in Wilkinsburg and ending on the lands owned by Samuel Denniston, known as the Troy Farm, subject to all the restrictions and provisions of an act en titled "An Act regulating Turnpike and Plank Road companies," approved the twenty-sixth day of January, Anno Domini one thousand eight hundred and forty-nine, and the supplements thereto, excepting, nevertheless, that portion of the thirteenth section of said act relating to tolls, which discriminates in favor of wheels of the width of four inches and upwards, and the said company shall have full power to regulate their tolls within the limits prescribed by the said thirteenth section of said act, without reference to the width of wheels in any SECTION 2. That the capital stock of said company shall consist of two hundred shares, of twenty-five dollars each: Provided, That said company may from time to time, by a vote of the stockholders, at a meeting called for that purpose, increase the capital stock so much as may be necessary in their opinion for the completion of the road, and to carry out the true intent and meaning of this act. SECTION 3. That whenever said company shall have finished one mile or more of said road, they shall have power to erect a gate or gates and receive tolls, agreeably to the provisions and restrictions of the thirteenth section of the act of twenty-sixth of January, Anno Domini one thousand eight hundred and forty-nine, aforesaid. SECTION 4. That the viewers to be appointed by the Governor, as authorized by the twelfth section of the act last aforesaid, may be ap pointed whenever the company hereby to be incorporated shall have finished one mile or more of said road. SECTION 5. That if said company shall not commence the construc and completion tion of their road within two years, and complete the same within three years from and after the passage of this act, then the same shall become null and void, except so far as may be necessary to settle up the affairs and pay the debts of the company. Ridge turnpike company. SECTION 6. That so much of the proviso in the first section of the act of Assembly passed on the twenty-seventh day of May, one thou sand eight hundred and forty, as prohibits the Ridge Turnpike company from continuing and maintaining any gate, turnpike or toll house within the limits of any borough in the county of Montgomery, and m taking tolls at the same, and all fines and penalties thereto Tolls. APPROVED-The eighteenth day of April, one thousand eight huned and fifty-three. WM. BIGLER. No. 298. A SUPPLEMENT an act incorporating the Canton and Athens Railroad company; and relative to the Cleveland and Mahoning Railroad company. SECTION 1. Be it enacted by the Senate and House of Represenives of the Commonwealth of Pennsylvania in General Assembly t, and it is hereby enacted by the authority of the same, That time for commencing the railroad authorized to be constructed by Commencement › Canton and Athens railroad company, by an act approved March and completion enty-fourth, one thousand eight hundred and fifty-one, be and the of road. ne hereby is extended to three years from the passage of this act, and time for completing said railroad is hereby extended to five years reafter, and said company shall have power to increase the capital enty thousand additional shares of stock, at fifty dollars each. SECTION 2. That said Canton and Athens railroad company is hereby Authorized to thorized to construct branch or lateral railroads, to extend to the construct il mines in Franklin and Monroe townships, in the county of Brad- branches. 'd, and also to extend a branch road from any point upon the route ereon they are now authorized to locate their road, through the inties of Bradford and Susquehanna, to connect with the Delaware, ckawanna and Western railroad, at any point in the county of Susehanna or Wyoming: Provided, That a tax shall be imposed on all Proviso. anage except bituminous coal, passing over so much of said road as ns in the same direction of the North Branch canal, at the same te, on the same terms, and subject to the same conditions, limitations d restrictions, as are now or may hereafter be provided by law for e Pennsylvania railroad, and the Susquehanna railroad. SECTION 3. That Burton Kingsbery, Charles Comstock, and C. H. Additional errick, be additional commissioners to those named in the act to which commissioners. is is a supplement. SECTION 4. That said company be and they are hereby authorized Authority to borrow money, to an amount not exceeding the capital stock of said borrow money mpany, upon bonds to be issued by said company, secured by mortage upon so much of the corporate property as shall be deemed ade Proviso. Interest on instalments. quate for the purpose of such security, whenever the said president and directors shall deem the issue of such bonds expedient: Provided, That the rate of interest on said bonds shall not exceed seven per centum per annum, and that said bonds shall be convertible into the stock of the said company at the option of the holder or holders of said bonds, and that no bond shall be issued for a sum less than one hundred dollars. SECTION 5. That the president and directors of said company are hereby authorized to pay to the stockholders, in the months of January and July in each year, interest at the rate of six per centum per annum on all instalments paid by them, and to continue to pay the same until the road shall be completed, and all the profits or earnings of the said railroad within the said time, shall be credited to the cost of construetion, and all interest paid shall be charged to the cost of construction, but no interest shall be paid on any share of stock upon which any instalment that has been called for remains unpaid, and the stock of said company shall not be subject to any tax in consequence of the payment of the interest hereby authorized, nor until the net earnings of the company shall amount to at least six per centum per annum upon the capital invested. Connecting railSECTION 6. That any railroad company connecting with the said roads may sub- Canton and Athens railroad, at either extremity thereof, or with its scribe to stock. branches, is hereby authorized to subscribe to the capital stock of the same, and secure the payment of such subscriptions by issuing of bonds not less in amount than one hundred dollars: Provided, That no such subscription shall be made except by express assent of a majority of the whole number of directors of such subscribing railroad, and that the whole amount of subscriptions under and by virtue of this section, shall not exceed one-third of the whole amount of the subscribed stock of the said Canton and Athens railroad company. New Castle subscription of stock, to Cleve land and Mahoning railroad. SECTION 7. That the subscription authorized to be made by the town of New Castle, or the citizens thereof, to the Cleveland and Mahoning railroad, by the first proviso in the fifth section of the act incorporating said company, approved the eleventh day of February, one thousand eight hundred and fifty-three, be and the same is hereby construed to mean a subscription in stock, and the said company is hereby released from any obligation to run their express passenger cars to the town of New Castle. W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, Speaker of the Senate. APPROVED-The eighteenth day of April, A. D. one thousand eight hundred and fifty-three. WM. BIGLER No. 299. AN ACT o incorporate the Moorfield Cemetery; to direct the Canal Commissioners to assess certain damages; to the estate of Casper P. Lukens; relative to Land and Building associations; and to the Sheriff of Crawford county. SECTION 1. Be it enacted by the Senate and House of Represenatives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That J. Corporators. V. Ormsby, John Welsh, James Campbell, Jacob Hann, junior, James atterfield, senior, Michael C. Trout, Sealy Kastor, Henry Hofins, John Thompson, Andrew Shilling, Samuel M'Bride, and Hugh Love, and heir successors, be and they are hereby created a body politic and cororate in law, by the name, style and title of "The Moorfield Ceme- Name and ery," and by that name shall have perpetual succession, and be able Style. sue and be sued, in any court of law or equity, and may have and se a common seal, and the same at their pleasure to alter or renew, Seal. ad shall take, hold and enjoy, to them and their successors, all that ertain piece of land heretofore set apart, granted and let out by Samuel Stokely, to be used as a burial ground and church for the use of the eighborhood, and being part of a large tract of land granted to John Rankin, containing about five acres, the right and title to which is hereby declared to be vested in the corporation created by this act; and the said corporation shall have authority to receive gifts or bequests For the purpose of ornamenting or improving said cemetery, and to hold such personal property as may be necessary to carry out the object of this act. SECTION 2. That the affairs of the said corporation shall be conducted Officers how to by a president and six managers, who shall be elected by a majority of be elected. the votes of the members of the corporation, on the first Monday of June in each and every year, at such place as a majority of the mana gers shall designate, of which election ten days' notice shall be given by at least three printed or written handbills, and in case no election shall be held at the time aforesaid, the officers of the preceding year shall continue in office until an election shall be held; the said president and managers, a majority of whom shall constitute a quorum for Quorum. the transaction of business, shall fill all vacancies that may occur in their own body by selecting a lot-holder to supply such vacancy, and shall have power to lay out and ornament the aforesaid piece or lot of ground, to erect such buildings thereon as may be necessary for the enjoyment of the same, to lay out, sell and dispose of burial lots, to appoint a treasurer and all other necessary officers, and fix their several duties and compensation, and to make such by-laws and regulations as they may deem proper for conducting the affairs of the corporation for the lot-holders and visitors to the cemetery, and for the transfer of lots and the evidence thereof, for the regulation of burials, the improvement of burial lots, the erection of grave stones, monuments, and sepulchral structures, and the inscriptions on the same; and it shall be the duty Duties of manaof the said board of managers to cause a record of their proceedings to gene. be kept, and to make report of the same and of the state of the finances at each annual meeting of the corporation, and as much oftener as may be required by a majority of the corporators: Provided, That until an Proviso. Exemption from execution and taxation. When officers to be elected. Powers. Uses. New road on Allegheny Portage Railroad, damages on. Proviso. Trustees election takes place for president and managers, the aforenamed corporators shall act as a board of managers, and elect one of their number as president, five of whom shall constitute a quorum, and shall be invested with all the authority as a president and managers duly elected as herein before provided. SECTION 3. That every lot conveyed in said cemetery shall be held by the proprietor and his heirs for the purpose of sepulture alone, transferable with the consent of the president and a majority of the managers, and shall not be subject to attachment or execution, and that the said cemetery shall hereafter be forever exempt from taxation. SECTION 4. That as soon as the money received from the sale of lots in said cemetery shall be sufficient to pay the money expended by the persons hereby incorporated, with interest, and the expenses that shall have been incurred by them in laying out, enclosing and improving the grounds and erecting the necessary buildings, then each lot-holder shall become a member of the corporation, and have a right to vote for the officers thereof, and at all elections held thereafter under this act, cach member of the corporation shall be entitled to one vote and no more. SECTION 5. That the corporation hereby created shall have power to lay off and sell burial lots on any portion of the before mentioned lot of five acres, and shall, after deducting expenses, expend the proceeds of such sales in ornamenting and embellishing and fencing the said lot, and otherwise keeping the same in proper order, and shall also mark off and keep a portion of the same as a burial ground for those whose families are either unable or unwilling to purchase lots, and shall also permit, in all time to come, the use of the house erected thereon to be used as a house of worship by the members of the denomination which formerly worshipped therein. SECTION 6. That it shall be the duty of the Canal Commissioners to appraise the damages done to private property by reason of the construction of that portion of the new road to avoid the inclined planes on the Allegheny Portage railroad which has been opened for transportation, and make report to the next Legislature: Provided, That no claim shall be examined where further damages likely to accrue to the claimant in the completion of said road, and when damage has been done jointly by the State and the Pennsylvania Railroad company, the Canal Commissioners shall only allow a fair proportional share of such damages. SECTION 7. That Abraham L. Pennock, Casper W. Pennock and authorized to George Pennock, trustees of the estate of Casper P. Lukens, under the sell real estate. will of Isabella L. Pennock, deceased, be and they are hereby autho rized to sell and convey a certain lot of ground on the north side of Spring Garden street, in the county of Philadelphia, at the distance of sixty-nine feet west of Delaware Seventh street, containing in front on said Spring Garden street thirty-four feet by one hundred and fourteen feet three inches, more or less, to Wistar street, unto any purchaser or purchasers thereof in fee simple, without any obligation on the part of the purchaser to see to the application of the purchase money: Provi ded, That it shall be the duty of said trustees to invest and hold the proceeds of said sale upon the same trusts, and with the same limitations, duties and powers, as they now hold said premises. Proviso. Land and Build SECTION 8. That the provisions of the fifth section of the act relative ing associations. to Land and Building associations, approved on the seventh of March, A. D. one thousand eight hundred and fifty-three, be and the same are hereby extended to all Land and Building associations incorporated under the laws of this Commonwealth. |