Executors of McCleary, de- rence co., au thorized to sell real estrte. Reservation. Proviso. Executors to bequests. No. 340. AN ACT To anthorize William M'Cleary and John Wilson, Junior, Executors of Samuel SECTION 1. Be it enacted by the Senate and House of Represen talives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That William M'Cleary and John Wilson, junior, executors of the last will and testament of Samuel M'Cleary, deceased, late of the township of Neshannock, in that portion of the county of Mercer now included within the limits of the county of Lawrence, be and they are hereby authorized and empowered to sell at public sale, by and with the consent of Agnes M Cleary, (alias Nancy M'Cleary,) widow and relict of the said Samuel M Cleary, to the highest and best bidder, all that certain farm or tract of land owned by the said Samuel M'Cleary at the time of his death, upon which the said widow now resides, situate in the said township of Neshannock, and lying adjacent to the borough of New Castle, and bounded on the north by lands of Joseph Kettler, on the east by lands of R. W. Steuart and Shenango creek, on the south by lots of William Morse and others, and on the west by lands of Robert Rigg and Robert Paisley, containing about two hundred acres, more or less, with the exceptions of about forty acres of land, including the mansion houses, barn, et cetera, which are reserved for the use of the widow, said smaller tract to be bounded on the east by Shenango creek, on the south by the road leading from New Castle to Edinburg, on the west by lands of Robert Paisley, and on the north by a line running from the said Shenango creek to the line between said land and Robert Paisley, separating it from the larger tract at such a distance from the said Edinburg and New Castle road as will make forty acres or thereabouts, and to make, execute and deliver to the purchaser or purchasers thereof a sufficient deed or deeds of conveyance: Provided, Such sale shall not be valid until the said executors shall give good and sufficient security, to be approved of by the orphans' court of the county of Law rence, conditioned for the proper application of the proceeds of such sale, in the manner specified in the second section of this act, and provided said sale be approved of by said orphans' court. SECTION 2. That the said executors shall pay out of the proceeds of pay legacies and such sale all the legacies and bequests made by the said Samuel M'Cleary in his last will and testament, and leave the balance of the purchase money, if any should remain, in the hands of the purchaser or purchasers during the life or widowhood of the said Agnes M'Cleary, and annually lift or pay over the interest of the same to the said Agnes, and upon the death or marriage of the said Agnes, lift the said balance so left in the hands of the purchaser or purchasers, and distribute the same among the heirs and devisees of the said Samuel M'Cleary, in such manner as is by the terms of his said will directed. WHEREAS, Certain citizens of this Commonwealth hereinafter named, have associated for the purpose of benevolence and charity, and have with certain moneys purchased a lot or piece of ground situate in Preamble. the village of Waynesburg, Chester county, and erected thereon a suitable stone building for the accommodation of the order and pur poses of Odd Fellowship, and for other public purposes; therefore, SECTION 3. That William Wilson, William H. Given, John Clen- Corporators. dening, William Gault, Benjamin F. Brown, Coleman J. Bull, James Buchanan, Madison Irwin; Edward D. White, and their successors, and all persons who now are or may hereafter be associated with them, be and they are hereby created and erected into a body politic and corpo Privileges. rate, in deed and in law, by the name, style and title of the "Odd Odd fellows hal! Fellows' Hall Association of Waynesburg," and by that name shall association of have perpetual succession, and be able to sue and be sued, plead and be Waynesburg. impleaded, in any court of law or equity, and elsewhere, and shall be able and capable in law and equity to take and hold to them and their successors, either by gift, grant, devise or lease, any lands or real estate for the use of the said association, any goods and chattels, sum or sums of money, by gift, grant, bargain and sale, will, devise or bequest, from any person or persons whatsoever capable of making the same, and the same at their pleasure to grant, bargain, sell or release, for the use of the said association, and generally to do and perform all and singular the matters and things which shall be lawful for them to do and perform for the well-being and due management of the affairs of the said association: Frovided, That the real estate of which the said corporation Proviso. shall at any time be possessed, shall not exceed the yearly value of six thousand dollars: And provided also, That from and immediately after Proviso. the passage of this act, the title to the said lot and piece of ground, and the buildings thereon, shall be vested in the aforesaid association, as fully, and to all intents and purposes, as the same is herein before mentioned. SECTION 4. That it shall and may be lawful for the said corporation Seal. to have a common seal, and the same at will and pleasure to change, alter and renew, as they shall think proper, and shall have and exercise all the rights, privileges and immunities necessary for the purposes of the corporation hereby constituted, and as herein expressed. SECTION 5. That the government of the aforesaid association, and Officers. the management and disposition of its affairs and property, shall be vested in such officers as the constitution and by-laws of the said association may direct: Provided, That a board of trustees, to consist of Proviso. not less than three persons, shall be elected annually, who shall at the first meeting after their election in each year organize by electing a president, secretary and treasurer: And provided also, That certifi- Proviso. cates of stock and certificates of loan shall be issued only by the said board of trustees. SECTION 6. That this corporation shall have power and authority to By-laws. make by-laws, conformable to this charter and not inconsistent with the laws of the United States or of this Commonwealth: Provided also, Proviso. That no tax shall be required for the enrollment of this act. W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, Speaker of the Senate. APPROVED-The nineteenth day of April, A. D., eighteen hundred fifty-three. WM. BIGLER. No. 341. AN ACT' Granting annuities to certain widows of soldiers of the Revolutionary and Indian 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 State Treasurer be and he is hereby authorized and required to pay to each of the following named persons, to wit: to Nancy Boies of Beaver county, Pennsylvania, to Elizabeth Swager of Lawrence county, to Martha Cook of Mercer county, to Sarah Cather, late of Greene county, to Elizabeth Fry of Mercer county, to Mary Magdalena Mar. shall of the county of Adams, to Hannah Stroop of Philadelphia, to Mary Ozier of Monroe county, widows of soldiers, and Archibald Merriman of Crawford county, a soldier of the Revolutionary and Indian wars, an annuity of forty dollars during life, to be paid half yearly, commencing on the first day of January, in the year of our Lord one thousand eight hundred and fifty-three. W. P. SCHELL, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The nineteenth day of April, A. D. one thousand eight hundred and fifty-three. WM. BIGLER. No. 342. AN ACT Incorporating the Holmesburg and Delaware River Plank Road 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 Commissioners. George Fox, John Howard Ingham, Morgan Clift, James Hughes, William Raphael, Thomas D. Dougherty, Jacob W. Louder, Benjamin Crispin, Abraham P. Arthur, Robert W. Soley, Alfred Bartlett, and Jackson P. Comly, or any five of them, are hereby appointed commissioners, to open books, receive subscriptions, and organize a company, Name & style. by the name, style and title of "The Holmesburg and Delaware Plank Road company," with power to construct a plank road from Holmesburg, in the county of Philadelphia, to a suitable point on the river Delaware in said county, on and over any road now in existence, and Location. on and over any ground between the respective points provided for, with power to construct a wharf at said point on the river Delaware, with power to extend the said road to some other suitable points in said county, to be decided upon by a majority of the stockholders, subject Subject to proto all the provisions and restrictions of an act regulating turnpike and visions of cerplank road companies, approved the twenty-sixth day of January, Anno Domini one thousand eight hundred and forty-nine, and the everal supplements thereto, so far as they are not inconsistent with his act. tain act. SECTION 2. That the capital stock of said company shall consist of Capital stock. ix thousand shares, of ten dollars each per share: Provided, That Proviso. said company may from time to time, by a vote of the stockholders, at meeting called for that purpose, increase their capital stock so much 18 in their opinion may be deemed necessary to complete their road and wharf, and carry out the true intent and meaning of this act. 1 SECTION 3. That if said company shall not commence the construc- Commencement tion of their road within four years after the passage of this act, and and completion complete the same within eight years thereafter, this act shall be null of road. and void, except so far as may be necessary to wind up the affairs and pay the debts of the said company. APPROVED-The nineteenth day of April, A. D. eighteen hundred and fifty-three. WM. BIGLER, No. 343. A SUPPLEMENT To the act incorporating the Larry's Creek Plank Road company; anthorizing the Commissioners of Lycoming county to settle with A. H. M'Henry and Robert Faries for certain services; supplement to an act to quiet the Title to certain Lands granted for the use of William Smith in tail general; and relative to the Bear Creek and Lebigh Plank Road corapany. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the proviso contained in the first section of an act entitled "An Act Proviso of cerregulating Turnpike and Plank Road companies," approved the twenty-ed, so farias resixth day of January, one thousand eight hundred and forty-nine, lates to Larry's which requires the sum of one dollar to be paid by the subscribers of Creek plank stock for each and every share of stock so subscribed to the attending road company. commissioners, previous to or at the time of subscribing, be and the same is hereby repealed, so far as relates to the Larry's Creek Plank May increase grade of road. Managers may fill vacancies. May borrow money. Bonds. May use public bighway. Comn issioners of Lycoming co., may settle with A H. McHenry and Robert Faries. Road company, or subscriptions already taken or to be taken, and thai the said company shall have the same legal remedy for the recovery of the amount of subscription of stock to said company as if such provi sion requiring the payment of the sum of one dollar for each and every share of stock subscribed had not been required in the provision afere said. SECTION 2. That the president and managers of the said Larry's Creek Plank Road company in the construction of said road, shall have full power and authority to increase the grade of said road to any poin within an angle of five degrees from a horizontal line. SECTION 3. That it shall be lawful for the board of managers said company to fill all vacancies occurring in said board by death a resignation, until the next succeeding annual election. SECTION 4. That in the event of any delay or inability of the said company to obtain the subscription of additional stock for the purpos of completing their road, it shall be lawful for said company to borrow any sum or sums of money in lieu thereof, not exceeding six thousand dollars, at any rate of interest not exceeding six per centum per annum, and for security therefor to pledge the tolls receivable on said road, as may be agreed upon by the president and managers of said company, and the person or persons lending or advancing such money, and to issue bonds therefor, in any sums not less than one hundred dollars. SECTION 5. That the said bonds may be converted into the stock of the company at par, at the option of the holder or the holders thereof, at any time prior to the bond falling due. SECTION 6. That the said company is hereby authorized to locate its plank road on the public highway, wherever it may be found necessary by said company so to do. SECTION 7. The commissioners of Lycoming county are hereby authorized to settle with A. H. McHenry and Robert Faries, commis sioners appointed for the purpose of receiving and disbursing such moneys as might be collected by the treasurer of Lycoming county for road taxes, on the unseated lands formerly belonging to the Tilg ham estate, but now held in the name of William Rawle, Benjamin Chew and George Cadwalader, lying in the townships of Lewis, Mifflin, Cummings and Cogan House, in said county, and to collect all moneys received by them not expended on the opening of the State road for which they were appointed commissioners, by act of the fifth of April, May subscribe A. D. eighteen hundred and forty-nine; and the said commissioners to stock of Lar- of Lycoming county are authorized to subscribe stock in the Larry's Creek ry's creek plank Plank Road company, to the amount of any such sum as they may road company. receive therefrom, under the same restrictions and conditions as they are authorized by act of Assembly of the second day of April, A. D eighteen hundred and fifty-two; and that the said commissioners of Distribution of Lycoming county are hereby authorized and required to pay over to the certain moneys. supervisors of said townships of Lewis, Mifflin, Cummings, and Cogan House, all moneys received by them from said plank road company, in proportion to the amount of road tax retained by them for the purpose aforesaid. Phoenix Iron and coal co., may convert loans into stock. Bear Creek and Lehigh plank SECTION 8. That it shall be lawful for the Phoenix Iron and Coal company to convert the authorized loans of said company into stock, at any time within three years after the passage of this act, with the consent of the holders thereof. SECTION 9. That the Bear Creek and Lehigh Plank Road company may charge and receive tolls on lumber passing over their road, at the rate road co., rates of five cents per thousand feet per mile; that any person hauling legs or timber on suid road, and permitting the same to drag on said road, of tolls. |