at Philadelphia, in deed book A M, number two, page three hundred and nineteen, et cetera, did grant and convey the said messuages or tenements and lot or piece of ground thereunto belonging, hereinabove particularly described, with the appurtenances, unto William Swaim, his heirs and assigns:

And whereas, The said messuages or tenements, and lot or piece of ground thereunto belonging, hereinabove particularly described, with the appurtenances by divers good conveyances and assurances in the law, became vested in James C. Vogdes of the said city, attorney-at-law in fee, and the said James C. Vogdes and Hannah W., his wife, by indenture bearing date the fourteenth day of May, Anno Domini, one thousand eight hundred and fifty-two, recorded at Philadelphia, in deed book TH, number twenty-one, page two hundred and twenty-nine, et cetera, granted and conveyed unto James Culberston, John Williams and James C. Scott, in fee as tenants in common, all that certain lot or piece of ground, being a part of the said above described larger lot of ground, situate at the south-west corner of Schuylkill Eighth and Lombard streets in the said city of Philadelphia, containing in front or breadth, east and west, on the said Lombard street sixty-two feet, and extending of that width in length or depth southward along the west line of the said Schuylkill Eighth street seventy-eight feet, bounded on the east by the said Schuylkill Eighth, street on the south by ground now or late of Baron Hurst and company, on the west by other ground belonging to the said James C. Vogdes, and on the north by Lombard street aforesaid, reserving therefore and thereout, unto the said James C. Vogdes, his heirs and assigns, a certain yearly rent or sum of three hundred and ten dollars, lawful money of the United States of America, in half yearly payments on the first day of the months of January and July, in each and every year thereafter forever:

And whereas, Doubts have been entertained in respect to the power of the said the Mutual beneficial society of the city and county of Philadelphia, to hold and convey the said messuage or tenements and lots of ground, and it is proper that the title to the same should be confirmed; therefore,

SECTION 3. That nothing in any statute of mortmain or in any other statute or law of this Commonwealth relating to corporations, or any other law whatsoever, shall be held or deemed to impair or in anywise to effect the title of the said James C. Vogdes of and in the remaining part or portion of the said above described larger lot of ground, containing in front or breadth east and west on the said Lombard street fitty-six feet, and in length or depth southward seventy-eight feet, and the title of the said James C. Vogdes, of and in the said yearly rent or sum of three hundred and ten dollars reserved as aforesaid, and also the title of the said James Culbertson, John Williams, and James C. Scott, of and in the said lot or piece of ground so as aforesaid conveyed to them by said James C. Vogdes and Hannah W., his wife; but the said two lots of ground and the said yearly rent or sum of three hundred and ten dollars, shall be held respectively by the said James C Vogdes, his heirs and assigns, and by the said James Culbertson, John Williams, and James C. Scott, their heirs and assigns, as tenants in common as aforesaid, with the same effect to all intents and purposes as if the said the Mutual beneficial society of the city and county of Philadelphia, had at the time of receiving and executing the conveyances

aforesaid, full power and authority, under their charter, to hold and

convey the same.

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

WM. BIGLER.

No. 123.

AN ACT

To consolidate the Lackawanna and Western, and Delaware and Cobb's Gap railroad 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 the corporate powers, rights, and privileges of the Delaware and Cobb's Corporate Gap railroad company be, and the same are hereby merged in the Lacka- powers merged. wanna and Western railroad company, so that by virtue of this act all and singular the property and corporate powers, rights, and privileges of both companies be consolidated and united under said merger, except so much of said powers, rights, and privileges as conflict, in which case the conflicting portion of the act incorporating the Delaware and Cobb's Gap railroad company and its several supplements are hereby repealed, and all provisions of law relative to the Lackawanna and Western railroad company, not herein altered or supplied, shall remain in full force, and so that by virtue of said merger of said companies and the provisions hereof, said Lackawanna and Western railroad company may make and construct a continuous line of railroad from Great Bend to the Delaware river without necessity for transhipment: Provided, That the provisions of this act be ratified by the con- Proviso. sent in writing of the holders of at least three-fourths of the shares of stock already issued by each company, and adopted by the unanimous resolution of the respective boards of directors, at a meeting duly convened for the purpose, within one year from the passage hereof, and copies thereof transmitted to the Secretary of the Commonwealth to be filed in his office.

termine.

SECTION 2. That upon the adoption as aforesaid of the provisions Corporate of this act, the corporate powers and privileges of the Delaware and powers, when Cobb's Gap railroad company shall cease and determine, and the Lacka- to cease and deWanna and Western railroad company shall, by virtue of this act and said consent in writing of three-fourths or more of stockholders and of said resolutions of the boards of directors as aforesaid, thereafter hold and enjoy the same, and the property of said Delaware and Cobb's

Duties of board of directors.

Proviso.

visions of cer

Gap railroad company, as fully as if both companies had been originally one, under the name of "the Lackawanna and Western railroad company," so that the combined capital stocks of both companies shall be and become a general stock under this act of union and consolidation; and for which stock, upon the surrender of the certificates already issued, new certificates may be issued, and so that all rights conferred on the Lackawanna and Western railroad company to issue additional or increased shares of stock shall be made applicable to the construction and repairs of the whole line of road from Great Bend to the Delaware river, including the building and purchasing of the necessary works, machinery and devices.

SECTION 3. That the board of directors of the said Lackawanna and Western railroad company, by the consent of the bond-holders of the mortgage loan of said company, be authorized to direct and require the trustees of said mortgage to discharge and satisfy the same, and to substitute therefor a mortgage of the same character upon the whole line of railroad and property of said company from Great Bend to the Delaware river, for the united sum authorized by both corporations, and to issue bonds therefor, and to be secured thereby; first, to replace the present bonds of said company, cancelled as aforesaid, and next, for the purposes authorized and intended by the supplement to the act incorporating the Delaware and Cobb's Gap railroad company: Provided, however, That if it may not be practicable to obtain a surrender and cancelment of all the bonds now issued, then in such case the said company may issue the amount of bonds now authorized to be issued by the Delaware and Cobb's Gap railroad company, and to secure the payment of the same by a separate mortgage of the whole road from Great Bend to the Delaware river, including any other property of said company, with its corporate rights and franchises, so that said mortgage shall constitute the first lien on the property mortgaged, not already included in any previous mortgage, and shall cover all the property included in the same, subject to any prior lien upon any part thereof.

SECTION 4. That said Lackawanna and Western railroad company Subject to pro- shall be, and hereby is made subject to all the provisions of the eighteenth section of an act entitled "An Act regulating railroad companies," approved February nineteenth, one thousand eight hundred and forty-nine.

tain act.

Corporate

name.

gers.

SECTION 5. That the corporate name of the Lackawanna and Western railroad company be, and the same is hereby changed to the name style and title of "The Delaware, Lackawanna and Western railroad company," and that each stockholder thereof shall be entitled to one vote for each share of stock, at all elections or meetings of said stockholders for the election of officers of said corporation.

Duties of presiSECTION 6. That the president and managers of the said Delaware, dent and mana- Lackawanna and Western railroad company be, and they are hereby authorized to pay to the shareholders, entitled to receive the same, semiannually in each year, interest at the rate of six per centum per annum on all instalments paid by them, and continue to pay the same until the road is completed to the Delaware river, and all the profits or earnings of the said railroad within the same time shall be charged to the cost of construction: Provided, That interest shall not be paid upon any share of stock upon which any instalment, which has been called for, remains unpaid And provided further, That 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 shall realize at least six per centum per annum upon the capital invested.

Proviso.

Easton, and

SECTION 7. That said company shall afford every reasonable facility Connection with and convenience for a connection with the Philadelphia, Easton and Philadelphia, Water Gap railroad company, which is hereby authorized to be made Water Gap railin such manner as shall avoid necessity for transhipments, and shall road. so regulate their charges for motive power and transportation that they shall not in any case discriminate against said Philadelphia, Easton and Water Gap railroad company, nor in favor of any other company in this or any other State to the exclusion or injury in any manner of said Philadelphia, Easton and Water Gap railroad company, but said charges shall be so regulated and made between the said Delaware, Lackawanna and Western railroad company, for all passengers and freight passing from one road to the other and over the whole or any portion of said respective lines of railroad, that a pro rata rate per mile on passengers, and a pro rata rate per ton per mile on freight shall be established and charged by each company respectively; and in any contract or agreement which may be made by said Delaware, Lackawanna and Western railroad company with any other company, the said Philadelphia, Easton and Water Gap railroad company shall have the same privileges and advantages in such contract or agreement for the conveyance of passengers or the transportation of freight destined to pass over their road, or any portion thereof, as may in any case be extended to or enjoyed by any other company in this or any other State, and the said Philadelphia, Easton and Water Gap railroad company shall in like manner reciprocate these privileges and advantages with the Delaware, Lackawanna and Western railroad company.

W. P. SCHELL,

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

WM. BIGLER.

No. 124.

AN ACT

Authorizing the incorporation of a company to plank the old Lancaster road from Henderson's store to the Spread Eagle, in Delaware county, entitled "The Radnor plank road company;" relative to certain election districts; to fees for adjusting beam and patent balances, in the city and county of Philadelphia; and relative to the real estate of William Crawford, of Érie County; and to extending the chancery powers of certain courts to Erie county.

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 Aaron Commissioners. Johnson, John G. Henderson, George Leedom, Samuel P. Abraham, John F Parke, T. Elwood Bennett, Anderson Kirk, George Palmer,

Style.

Subject to provisions of cer

tain act.

Widen road.

Injuries to works.

Capital stock.

Duties of supervisors.

Proviso.

Haydock Garrigues, Vanleer Eaches, Joseph K. Hoskins, Peter Jaquett, Benjamin D. Garrigues, Thomas Davis, William Siter and Enoch Matlack, of Delaware county, Isaac R. Walker and David Wilson, of Chester county, and George F. Curwin and Jos. H. Levering, of Montgomery county, be, and they are hereby appointed commissioners to open books and receive subscriptions and organize a company by the name, style and title of "The Radnor plank road company," with power to construct a road upon the bed of the old Lancaster road from John G. Henderson's store, in Delaware county, to its junction with the Lancaster turnpike, near the Spread Eagle tavern, in said county, a distance of about four and a half miles, said road to be made either of stone or plank or parts of stone and parts of plank as the nature of the case or circumstances of the company may seem to require, subject to all the provisions, regulations and restrictions of "An Act regulating turnpike and plank road companies," passed the twenty-sixth day of January, one thousand eight hundred and forty-nine, except that portion of the thirteenth section of said act relating to the rates of toll, and the company hereby incorporated shall have power to regulate the tolls so as to collect a uniform toll of one cent per mile, and so in proportion for any greater or lesser distance, for every horse and rider or led horse, or every horse mule or ox drawing any carriage of burden or pleasure under whatever name it may go.

SECTION 2. That it shall and may be lawful for the said company to widen the road to the full width of forty feet, agreeably to the eleventh section of "An Act regulating turnpike and plank road companies," approved twenty-sixth of January, one thousand eight hundred and forty-nine.

SECTION 3. That if any person or persons shall wilfully injure, deface or destroy any gates, posts, buildings or other fixtures of the company, or shall without permission from the acting superintendent, throw out upon the road or within the limits thereof, any wood, stone, dirt or rubbish of any kind, and shall suffer the same to remain for the space of one day after notice thereof shall have been given to the person or persons so offending, he or they shall for each and every such offence, on the conviction thereof by the evidence of one or more credible witness before any justice of the peace of the county in which the offence shall have been committed, pay a fine not exceeding five dollars with costs, to be recovered as debts of like amount are recoverable for the use of the said company.

SECTION 4. That the capital stock of said company shall consist of one thousand shares, at twenty-five dollars per share: Provided, That the said company may from time to time, by a vote of the stockholders at a meeting called for the purpose, increase their capital stock so much as in their opinion may be necessary to carry out the true intent and meaning of this act.

SECTION 5. That the road commissioners or supervisors of the highways of the townships through which the said road shall pass, shall in addition to the powers vested in them by the act of Assembly, approved April fifth, Anno Domini, one thousand eight hundred and forty-two, authorizing subscriptions to turnpike roads on behalf of townships through which the said roads may pass, be authorized and empowered to borrow money to pay the instalments on the stock so subscribed, and to issue certificates of loan for the same, bearing an interest not exceeding six per cent. per annum, and payable at any time not exceeding ten years, which certificates shall be binding on said townships for said purpose: Provided, No certificate shall be issued for a less sum than one hundred dollars.