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which said company may have become a party, and said company shall have a reasonable time allowed to bring their contracts to a final settlement and determination.

to pay the debts

SECTION 4. That the Right Reverend John Nepomucene Neuman, Bishop Neuman Bishop of the diocess of Philadelphia, and his successors, Bishops of authorized to Philadelphia, be and he is hereby authorized and empowered to borrow borrow money any sum of money not exceeding four thousand dollars, for the purpose of a certain of paying the debts, erecting and completing the church edifice, par- church. sonage and other necessary buildings, upon the lots conveyed by Casper Hauck, to the Right Reverend Francis Patrick Kenrick, then Bishop of Philadelphia, and his successors, Bishops as aforesaid, in trust for the use of the German Catholics of the city of Lancaster, by indenture, dated the eighteenth day of January, one thousand eight hundred fifty, and recorded in the recorders' office at the city of Lancaster, in record book L, volume seven, page forty-two, et cetera, and upon borrowing such moneys, to make, sign, seal, execute and deliver a mortgage or other security in the law, to the person or persons loaning such money or moneys upon such church edifice, parsonage and other buildings thereon erected to secure the re-payment of the same, which said lots, Proviso. church edifice, parsonage and other buildings, shall thereupon become pledged for the payment of such moneys: Provided, That the said Right Rev. John Nepomucene Neuman, and his successors, as aforesaid, shall

ter.

at no time be held personally liable for the amount of money so borrowed. Vagrants in the SECTION 5. That any person or persons who may be convicted under city of Lancasexisting laws, before the mayor or any alderman of the city of Lancaster, or any justice of the peace of Lancaster county, as a vagrant, drunken or disorderly person, shall for the first offence be sentenced to confinement at hard labor in the Lancaster county prison, for any term not exceeding one month, and for the second offence for any term not exceeding two months, and for every subsequent offence for any term not less than one or more than three months, and shall be fed, clothed and treated as convicts in said prison are directed to be fed, cloth- Proviso. ed and treated: Provided, That any person or persons who may conceive himself or themselves aggrieved by the judgment of any mayor, alderman or justice of the peace as aforesaid, may apply for a writ of habeas corpus, under the laws of this Commonwealth, to any judge of the court of common pleas of Lancaster county, and upon the return thereof, if such judge shall deem there is sufficient or reasonable ground for granting the same, he shall enter upon a rehearing of the evidence in the case, and either discharge or reform the judgment of him or them.

SECTION 6. That so much of article fifth of the act of the twenty- Provisions of fifth of February, one thousand eight hundred and fifty, relating to the certain act reLancaster county prison, as prohibits the furnishing of tobacco to con- pealed. viets, be and the same is hereby repealed.

SECTION 7. That John Lacy Darlington, guardian of the estates of Estate of Hon. Catharine L. and Walter F. Darlington, minor children of Edward C. Walter FrankDarlington, of the city of Lancaster, held by them under the lin. wills of their grandfather, Walter Franklin, and of their grandmother, Anne Franklin, both late of the city of Lancaster, deceased, be and he is hereby authorized and empowered to sell and dispose of, either by public sale or private contract, all the share and shares, part, portion and interest of the said minor children in any of the real estate and ground rents late of the said Walter Franklin, deceased, within this Commonwealth, and to receive the purchase money therefor, and thereof to acquit and discharge the purchaser or purchasers, and to make, execute and deliver all necessary and proper deeds, releases and other assurances, conveying, releasing and confirming the

Proviso.

Mechanics so

and county of Lancaster to sell certain property.

same, or any part thereof, to the purchaser or purchasers, in fee simple: Provided, That before any such sale or sales shall be made, the said John Lacy Darlington, guardian as aforesaid, shall give good and sufficient security, to be approved of by the orphans' court of Lancaster county, for the faithful and proper application of the money arising

therefrom.

SECTION 8. That the Mechanics' society of the city and county of ciety of the city Lancaster, incorporated by the supreme court on the twenty-seventh of May, one thousand eight hundred and thirty-one, be and they are hereby authorized to sell and dispose of the half lot of ground fronting on South Queen street, in Lancaster city, with the buildings thereon, known as the Mechanics' Institute, which lot was purchased by said society from Melchoir Fordnay, on the first day of May, one thousand eight hundred and thirty-nine, and to make, execute and deliver, under the hands and seals of the president and secretary of said society, a deed or deeds therefor, in fee simple, and after paying the debts due by said society, to invest and appropriate the remaining proceeds of such sale for the purposes set forth in the constitution under which it was incorporated, and the right of said society to purchase, hold and dispose of said real estate, is hereby authorized and confirmed.

School directors of Heidleburg

tp., Lebanon

SECTION 9. That the school directors of Heidelberg township, Lebanon county, be and they are hereby authorized to sell two certain school houses in said township, known as number four and eleven on co., to sell school the account books of said directors, with the grounds connected therewith, and with the proceeds of such sales to erect two new school houses, for the use of said township.

houses.

Preamble.

Preamble.

Preamble.

Preamble.

Preamble.

WHEREAS, Rachael Wetherill, by her will, dated December the eighteenth, one thousand eight hundred and forty-three, did direct her executors to sell all her real estate, either immediately or within five years after her decease:

And whereas, John Price Wetherill, William Wetherill and Rebecca Gumbes, the executors of said will, on the sixth day of January, one thousand eight hundred and forty-nine, executed a deed of certain premises situate on and extending from Budden's alley to Cherry street, between Twelfth and Thirteenth streets, in the city of Philadelphia, being a part of said real estate, to James Glentworth, reciting therein said premises as having been sold on the fourteenth day of December, one thousand eight hundred and forty eight, but which said sale was made in order to comply with the provisions of said will:

And whereas, Said James Glentworth, on the same sixth day of January, one thousand eight hundred and forty-nine, re-conveyed said premises to the said John Price Wetherill and William Wetherill, which said deeds are recorded at Philadelphia in deed book G W C, number four, pages one hundred and eighty-seven et cetera, and one hundred and eighty-nine et cetera:

And whereas, The said John Price Wetherill and William Wetherill, by deed dated July the twenty-fifth, one thousand eight hundred and fifty-one, conveyed said premises to Charles F. Lex, the same having actually been sold to him:

And whereas, Doubts have been raised as to the title so conveyed, by reason of the said conveyance to James Glentworth, and said John Price Wetherill and William Wetherill, and no actual sale of the same having been made within five years, as directed in said will: therefore,

269

Rachael Weth

erill.

SECTION 10. That the title to said premises, mentioned and set forth Estate of in the said deed to said Charles F. Lex, shall be deemed to be as fully and completely vested in him, in all respects, as if said sale had been made within the term of five years, and in strict conformity with all the provisions of the will of said Rachael Wetherill, and as though a deed therefor had been made to him by all the executors of said will, and as though all other necessary matters whatever had been rightfully and legally done to vest a title to said premises in fee simple in said Charles F. Lex, nor shall the same be deemed in any manner to be ffected, invalidated by said deed from said James Glentworth to John Price Wetherill and William Wetherill.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,

APPROVED-The thirty-first day of March, one thousand eight

hundred and fifty-three.

Speaker of the Senate.

WM. BIGLER.

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A FURTHER SUPPLEMENT

To the act of the sixteenth of June, one thousand eight hundred and thirty-six, entitled "An Act to encourage the manufacture of iron with coke or mineral coal, and for other purposes;" and extending the provisions of the act of the seventh of April, one thousand eight hundred and forty-nine, enti An Act to encourage manufacturing operations in this Commonwealth to the manufacture of manures, and articles from wood, iron, and other metals; and relative to the Allegheny bridge, at Franklin.

manufacturing companies.

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 nothing contained in the act of the sixteenth of June, one thou- Construction of sand eight hundred and thirty-six, entitled "An Act to encourage act relative to purthe manufacture of iron with coke or mineral coal, and for other poses," or in the supplement to said act approved the twenty-ninth day of June, one thousand eight hundred and fifty-two, entitled "A supplement to the act of sixteenth of June one thousand eight hundred and thirty-six, incorporating companies to manufacture iron with mineral coal and coke," shall be so construed as to prohibit any company from being incorporated under such act and supplement thereto, both for the purpose of making iron from the raw material with charcoal, and for the purpose of making iron from the raw material with coke or mineral coal, and any such company shall have the privileges and be subject to the restrictions contained in said act and supplement thereto.

SECTION 2. That the provisions of the act entitled "An act to encour- Act extended to age manufacturing operations in this Commonwealth," approved the agricultural mo

nures, fertilizing seventh of April, one thousand eight hundred and forty nine, be and agents, &c. they are hereby extended so as to embrace all associations or companies that may be formed for the purpose of carrying on the manufacture of agricultural manures, fertilizing agents, and other articles, from the refuse filth of towns and carcasses of animals, and companies formed for the manufacture of articles from iron and other metals, or out of wood, iron and other metals.

Act of 14th

SECTION 3. That the act of Assembly relating to various turnpike March, 1844, and bridge companies in this Commonwealth, approved March fourmade applicable teenth, one thousand eight hundred and forty-four, be and the same to the Franklin is hereby repealed, so far as the same is applicable to the president and and Allegheny managers of the Franklin and Allegheny bridge company, for erecting a bridge over the Allegheny river at or near the borough of Franklin, in the county of Venango.

bridge company

Speaker of the House of Representatives.

W. P. SCHELL,

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APPROVED-The first day of April, A. D., one thousand eight hun-
WM. BIGLER.

dred and fifty-three.

No. 187.

Corporators.

Style.

Privileges.

AN ACT

To incorporate the Yellow Springs Improvement company; relative to the extension of Chesnut or James street, West Philadelphia; to the free bridge across the river Schuylkill, opposite Chesnut street; relative to the paving of James street, Spring Garden; to election of supervisors in Roxborough township, Philadelphia county; and the erection of an Hospital in Philadelpia county prison.

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 Robert F. Walsh, Thomas G. Hollingsworth, Christian A. Paulsen, William S. Vaux, John R. Penrose, John Tucker, William Sergeant, John S. Morgan, Mordecai Lee and Joseph J. Lewis and their associates, be and they are hereby created a body politic and corporate, under the name and title of "The Yellow Springs Improvement company," and by that name shall be known and have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, in all courts of record and elsewhere, and to purchase, receive, hold, lease or convey, at pleasure, so much land, or any part thereof, with the improvements thereon, as is known by the name of "The Yellow Springs," in Chester county in this Commonwealth, not exceeding in all one hundred and fifty acres, and also to make such rules, by-laws, regulations and ordinances, as may be needful and convenient for the government of said corporation, and not inconsistent with the Constitution and laws of the United States or this State.

SECTION 2. That the corporators named in the first section of this Meeting of coract, or a majority of them, shall, at some convenient time and place, porators. to be agreed upon by them, meet and elect a president, secretary and treasurer, and a board of five managers, of which the president shall be one, who shall respectively hold their offices for one year, or until their successors shall be chosen.

SECTION 3. That the capital of said corporation shall be fifty thou- Capital stock. sand dollars, which shall be divided into shares of five hundred dollars each, which shares shall be personal property, and be transferable upon the books of the company, in person or by power of attorney, and at all elections and meetings each stockholder shall be entitled to one vote for every share of stock by him or her held.

SECTION 4. That the object of said corporation shall be to purchase, Object. embellish and improve, occupy, let, lease, or dispose of the property, or any part thereof, named in the first section of this act, for the purpose of accommodating and amusing the visiting public, and said springs, buildings and grounds, shall be held by said association as a public watering place, and for no other purpose whatsoever: Provided, That the stockholders in said corporation shall be liable in their individual capacities and estates for all the debts created and liabilities incurred by this corporation: And provided further, That said corporation shall exist for twenty-eight years, and no longer, and it shall possess no banking, discounting or manufacturing privileges whatever. SECTION 5. That the president and managers may annually, or Dividends. oftener, declare and divide amongst the stockholders of the corporation such an amount of the profits as they may deem expedient: Provided, Proviso. No dividend of profits shall at any time be declared which may impair the capital of the corporation.

SECTION 6. That the Legislature reserves the right to alter, amend Reservation. or annul this act, whenever it may deem it expedient, in such manner however, as to do no injustice to the corporators.

James street.

SECTION 7. That the commissioners of West Philadelphia are hereby Commissioners authorized to cause James street, or Chesnut street, as laid down in of West Phila the plan of Hamilton village, to be opened, continued and extended delphia to open from its western termination on said plan, between parallel lines, of the same width and of the same courses and directions as are laid down on said plan for said street, to the western boundary of the district of West Philadelphia, and that the damages to property for opening, continuing and extending said street, shall be paid according to the provisions of the general road laws in force in Philadelphia county, and that said street shall be deemed as part of the plan of the district of West Philadelphia.

DOW

Chesnat or
James street, in
Philadelphia.

SECTION 8. That Chesnut street in the city of Philadelphia, and Extension of Chesnut or James street in the district of West Philadelphia, are Chesnut and hereby laid out and continued to low water mark respectively on the river Schuylkill, and the court of quarter sessions of the county of Philadelphia is hereby required to appoint six disinterested persons as jurors, who shall be governed in all respects as road jurors by law are governed, whose duty it shall be to assess any damages that may be sustained by the opening of said streets, and by the occupation of any site, wharf, or landing, as shall or may be requisite for the proper construction of the free bridge at or opposite to said Chesnut street, provided for by an act entitled "An Act to authorize the erection of free bridges over the river Schuylkill," approved the twenty-seventh day of March A. D. one thousand eight hundred and fifty-two, which said damages shall be paid by the county of Philadelphia.

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