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Style.

Route.

Subject to.

Tolls, how to be regulated.

Dividends.

Capital stock.

Proviso.

Road commis

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sioners and supervisors authorized to borrow money to

James A. Moore, George P. Dickinson, Thomas Cornoy, Benjamin Anderson, James P. Lindsay and Daniel J. Carter, of Delaware county, or a majority of them, be and they are hereby authorized, and appointed, commissioners, to open books, and receive subscriptions, and organize a company, by the name, style and title of the Coopertown Turnpike Road Company, with power to construct a turnpike road, over, and upon, the bed of the Darby road, beginning at a point where the West Chester road crosses the said road, at, or near, the six mile stone of said West Chester road, and following the line of said Darby road to, and terminating at, Coopertown, a distance of about two miles, subject to the provisions, and restrictions, of an act regulating turnpike and plank road companies, passed the twenty-sixth of January, eighteen hundred and forty-nine, and the supplement thereto, excepting that portion of which relates to the collection of tolls.

SECTION 2. That the company, hereby incorporated, shall have power to regulate their tolls, appoint toll gatherers, and punish frauds, agreeably to the provisions, and restrictions, of the twelfth section of an act, entitled "An Act authorizing the governor to incorporate the West Chester and Philadelphia Turnpike Road Company," approved the twenty-fifth day of March, Anno Domini one thousand eight hundred and fortyeight: Provided, That if it shall be ascertained that the profits of the company will not produce a dividend, on the capital stock, of six per centum per annum, then it shall be lawful for the president and managers to add to the tolls herein authorized by this act, so as to produce that per centage; and if the tolls shall, at any time, produce a net income, exceeding ten per centum per annum, then the tolls shall be reduced so that the net income shall not exceed that amount.

SECTION 3. That the capital stock of said company shall consist of three hundred shares, at twenty-five dollars per share: Provided, That the said company may, from time to time, by a vote of a majority of the stockholders, at a meeting, called for that purpose, increase their capital, so much as may be necessary, in their opinion, to complete the road, and to carry out the true intent and meaning of this act.

SECTION 4. That the road commissioners, and supervisors, of the highways of the township, through which the turnpike road, aforesaid, shall pass, shall, in addition to the powers vested in them by the act of assembly, approved April fifth, Anno Domini pay instalments one thousand eight hundred and forty-two, authorizing subscriptions to turnpike roads, on behalf of townships, through which said road may pass, be authorized, and empowered, to borrow money to pay the instalments on the stock, so subscribed, Certificates of and to issue certificates of loan for the same, bearing an interest, not exceeding six per centum per annum, and payable at any time, not exceeding two years; which certificates shall be binding on said township for said purpose: Provided, That no certificate of loan shall be issued of a less amount than one hundred dollars.

loan to be issued.

Proviso.

When road to

SECTION 5. That if said company shall not commence the be commenced construction of their road within three years, and complete the and completed. same within ten years, after the passage of this act, it shall be

null and void, except so far as may be necessary to wind up the affairs, and pay the debts, of the company.

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APPROVED-The fifteenth day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 501.

An Act

In relation to Prothonotary and Clerks of the several courts in 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 the qualified electors of the county of Erie shall, on the second Tuesday of October, Anno Domini one thousand eight hundred and sixty-three, elect one person to fill the office of prothonotary, and one in person to fill the office of clerk of the courts of general quarter sessions, oyer and terminer, and orphans' court, and one person to fill the office of recorder of deeds and register of wills; and so much of the first section of the act of July second, one thousand eight hundred and thirtynine, as is inconsistent herewith, is hereby repealed.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The fifteenth day of April, Anno Domini one

thousand eight hundred and sixty-three.

A. G. CURTIN.

Preamble.

Authorized to collect arrearages and sell

No. 502.

An Act

To authorize George T. Hummel, of Hummelstown, te sell certain ground

rents.

WHEREAS, David Hummel, late of Hummelstown, in the county of Dauphin, was, in his lifetime, and at, and immediately before, his decease, seized, in fee, of the nine-tenths part of a certain perpetual ground rent, issuing out of sundry lots, situated in Hummelstown, aforesaid, to wit: lots on Market street, in said town, numbered fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twentyseven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and fifteen, one hundred and sixteen, one hundred and seventeen; and also, back lots, numbered fiftytwo, fifty-three, fifty-four, fifty-six, and fifty-seven; the other one-tenth of said ground rents being vested in the German Lutheran church, located in Hummelstown, aforesaid:

And whereas, Said David Hummel, deceased, having first made his last will and testament, dated the sixteenth day of September, one thousand seven hundred and ninety-three, and duly proved, in the office of the register of Dauphin county, December seventeenth, one thousand seven hundred and ninetythree, whereby, he (inter alia) provided that his wife, Mary, shall have all the ground rents:

And whereas, Said Mary, recently, died intestate, having remained unmarried, since the decease of her said husband, David Hummel, leaving issue, several children, and issue of deceased children, of them, the said David and Mary Hummel, some of whom are still in their minority:

And whereas, The heirs of said David and Mary Hummel, as well as the trustees of the said German Lutheran church, are desirous that some proper person be authorized to collect such of said ground rents as may, at any time, be in arrears; and that said ground rents may be sold, and the proceeds thereof divided among the persons legally entitled thereto; therefore,

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 George T. Hummel, of said town of Hummelstown, be and he is hereby authorized to collect such, or so much, of any such ground rents, as are now, or may, at any time, be in arrears; certain ground and to sell, and convey, at public, or private, sale, the said ground rents, in the said lots, mentioned in the preamble hereto, and to give receipts and acquittances, and make deeds and asSurances, for the same, to the purchaser, or purchasers, his, or their, heirs and assigns: Provided, That before the said George T. Hummel shall proceed to execute the power and authority

rents.

To give security for the faithful distribution of proceeds.

hereby conferred upon him, he shall give security, to be approved by the orphans' court of Dauphin county, for the faithful distribution of the proceeds of the sale of said ground rents to, and among, the persons legally entitled thereto; which distribution shall be made under the direction, and subject to the control, and according to the course of procedure, of said orphans' court.

Subject to.

SECTION 2. That in case said George T. Hummel should, from Court may ap any cause, fail to execute the power, hereinabove conferred upon point a trustee, in case of failhim, the said orphans' court are hereby authorized, on the ap- ure of George T. plication of any person interested in said ground rents, to ap- Hummel to act. point a trustee to execute said powers, in the manner provided, and subject to the conditions prescribed, in the preceding section of this act.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The fifteenth day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 503.

An Act

To incorporate the Venango Oil Company.

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 Jonathan Watson, William H. Abbott, A. B. Funk, Ham- Commissioners. ilton M'Clintock, George H. Bissell, L. Haldeman, W. A. Shreeve, M. L. Bagg, Samuel Q. Brown and H. M. Hamilton, or a majority of them, be and they are hereby appointed commissioners, to open books, receive subscriptions, and organize a company, under the name, style and title of the Ve- Style. nango Oil Company; and the said company is hereby declared,

and made, capable in law, to sue and be sued, to plead and be Privileges. impleaded, to have a common seal, and to have all the other

rights, powers and privileges of a corporation.

SECTION 2. That the capital stock of the said company shall Capital stock. consist of two thousand shares, of fifty dollars each; and the stockholders of the said company, at a meeting or meetings, to be called for that purpose, shall have power, from time to time,

Time, place and manner of receiving subscriptions to stock.

When letters

sued.

to increase the said capital stock, to any amount not exceeding ten thousand shares.

SECTION 3. That the commissioners, hereinbefore named, or a majority of them, are hereby authorized, after giving three weeks' public notice of the same, in one newspaper published at Oil City, or in two newspapers, one of which shall be published at Franklin, and the other at Titusville, to open books, in the borough of Oil City, and receive subscriptions to the capital stock of the said company, at such time, and in such manner, as they may designate, and the same to keep open, from day to day, Sundays excepted, between the hours of ten o'clock, ante meridian, and three o'clock, post meridian, of each day, until stock to the amount of at least fifty thousand dollars shall have been subscribed; and that ten per centum, of the amount subscribed, shall be paid by such subscriber, at the time of making his said subscription; and in case the same shall not be so paid, the said commissioners shall have power to declare the said subscription void; and that the balance due upon stock shall be paid at such times, and in such manner, as the board of directors may prescribe; and if any stockholder shall neglect or refuse, after thirty days' notice, to pay his said stock, the same may be sold by the directors, at public sale, after ten days' notice thereof.

SECTION 4. That whenever not less than one thousand shares patent to be is- of stock shall have been subscribed to the capital stock aforesaid, and the one-half thereof shall have been actually paid in, in cash, the commissioners, herein named, or a majority of them, may certify the same to the governor, accompanied by a statement, containing the names of the subscribers, and the amount so subscribed and paid by each, to be filed in the office of the secretary of the commonwealth; whereupon, the governor shall issue letters patent to the said subscribers, as corporators in the said company.

Election of directors.

Votes.

By-laws.

Powers.

SECTION 5. That the affairs of the said company shall be managed by a board of five directors, one of whom shall be president, to be chosen by the said board; the election of directors shall be held annually, at such time, and after such public notice, as may be determined by said company, at the principal office of the company; and all elections shall be by ballot, and every share of stock shall be entitled to one vote; and in case of failure to hold an election, the former directors shall continue in office, until their successors shall be duly chosen; and the stockholders of the said company shall have power, at a meeting to be called for that purpose, to make all needful rules, regulations and by-laws for the transfer of stock, and the general management of the business of the said corporation.

SECTION 6. That the said company shall have the right and power to purchase, receive, transport to market, sell and make acceptances or advances upon, or shipment of, mineral oil, and all other articles connected with the production and transpor tation to market, of such mineral oil, and to appoint agents, and establish agencies for the purposes aforesaid, and to purchase, lease, or otherwise hold, and use, any quantity of land, not exceeding five hundred acres in all, which the said company may deem necessary, for the business aforesaid, and the

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