ed his or her control beyond the power of such parent, guardian or next friend, and made it manifestly requisite, that from regard for the morals and future welfare of such infant, he or she should be placed under the guardianship of the managers of the House of Refuge. Second: Infants committed by the authority aforesaid, where complaint and due proof have been made, that such infant is a proper subject for the guardianship of the managers of the House of Refuge, in consequence of vagrancy, or of incorrigible or vicious conduct, and that from the moral depravity or otherwise of the parent or next friend, in whose custody such infant may be, such parent or next friend is incapable or unwilling to exercise the proper care and disciInfants how pline over such incorrigible or vicious infant. Third: Infants committed. committed by the courts of this commonwealth in the mode provided by the act to which this is a supplement.

SECTION 2. That it shall be the duty of any alderman or Duties of justice aforesaid, committing a vagrant or incorrigible or vicious alderman or infant as aforesaid, in addition to the adjudication required by

justice before

committing a the first section of this act, to annex to his commitment the vagrant. names and residence of the different witnesses examined before him, and the substance of the testimony given by them respectively, on which the said adjudication was founded.

Recorder to

Duties of managers.

SECTION 3. That it shall be the duty of the president and legal associates of the common pleas of Philadelphia county, Judges and the judges of the district court of the city and county of Philavisit House of delphia, and the recorder of the city of Philadelphia alternately, Refuge. in such manner as may be arranged between them, at a joint meeting for that purpose from time to time held, to visit the House of Refuge, at least once in two weeks or oftener, if to the said judges it shall seem requisite; and it shall be the duty of the judge or recorder so visiting the House of Refuge, carefully to examine into all the commitments to the said House of Refuge, made by the aldermen, justices or guardians of the poor aforesaid, that have not previously been adjudged upon by one of the said judges or the recorder in the manner hereinafter directed, which commitments it shall be the duty of the managers of the House of Refuge, truly and correctly, to lay before such judge or recorder, and on such examination, such judge or recorder shall have produced before him by the managers aforesaid, their superintendant or agent, the infant or infants described in such commitment, and the testimony upon which he or she shall have been adjudged a fit subject for the guardianship of said managers, or on which he or she shall be claimed to be held as such, and if after examining the infant and such testimony, the said judge or recorder shall be of opinion that according to the laws of this commonwealth regulating the control of infants, a case has been established, which in his opinion, would according to law authorise the transfer of the parental authority over such infant to the managers of the House of Refuge, then and in that case it shall be the duty of

Duties of judge or recorder.

the said judge or recorder to endorse an order on the commitment of the justice or alderman or guardians of the poor, direcing the infant to be continued under the guardianship of the managers of the House of Refuge, after which it shall be lawful for said managers to exercise over all such infants, the powers and authorities given them by the act to which this is a supplement. But if the said judge or recorder shall be of opinion that such case has not been made out, he shall order such infant to be forthwith discharged, which or..er shall be obeyed by the managers, under the pains and penalties provided by law against wrongful imprisonment: Provided, That it shall be the duty Proviso. of said judge or recorder, at the request of such infant or any person in his behalf, to trausfer such hearing to the court house of the court of which-he is a member, in order that the infant may have the benefit of counsel, and of compulsory process to obtain witnesses, required in his or her behalf, which such judge or recorder is hereby authorised to award, as fully and amply as any judge or court could do on the hearing of a writ of habeas corpus: And provided also, That nothing in this ?ct contained 2d Proviso. shall be construed to interfere with the provisions of an act entitled "An act for the better securing of personal liberty and preventing unlawful imprisonment," passed on the eighteenth day of February, one thousand seven hundred and eighty-five, commonly called the habeas corpus act.

SECTION 4. The annual meeting of the contributors to the

Annual

House of Refuge, shall be held on the second Wednesday in meetings.

January in each and every year, instead of the first onday in' May, and that the board of managers shall then lay before the contributors and transmit to the legislature their annual report, and that this section shall go into operation on the second Wednesday of January, eighteen hundred and thirty six.

SECTION 5. The Governor shall draw his warrant on the warrants for second day of March in each year, in favour of the Treasury of specified the House of Refuge, on the State Treasurer, for the sum of five sums annu❜ly thousand dollars, and the commissioners of the county of Phil- when and how long adelphia, shall on the second day of March in each year, draw continued. their warrant on the Treasurer of said county, in favor of the Treasurer of the House of Refuge, for the sum of nine thousand dollars, and the said payments shall be made from year to year, until the institution becomes entitled to possess the legacy bequeathed to said institution, by the late Frederick Kohue, deceased, or until the first day of May, one thousand eight hundred and thirty-eight.

JAMES THOMPSON,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,
Speaker of the Senate.

APPROVED-The tenth day of April, one thousand eight hun

dred and thirty-five.

GEO: WOLF.

No. 93.

An act

Authorizing the Governor to incorporate the Hollidaysburg and Bedford turnpike road company; to incorporate a company to make a turnpike road from the borough of Blairsville, in Indiana county, to Mount Pleasant, in Westmoreland.county; to incorporate a company for making a turnpike road from the Milord and Owego turnpike, at or near Wilsonville, in Pike county, to the Bethany and Dingman's Choice turnpike road, at or near Charles Kimble's mills, in Wayne county and to incorporate the Germantown and Wissahickon turnpike road company.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in Geral Assembly met, and it is hereby enacted by the authority of the same, That for the purpose of making a turnpike road, beginning at the basin at Hollidaysburg, in Huntingdon county, Commis'ners, through Newry to Bedford, in Bedford county, Christian Garber, Michael Mosey, Daniel Wisegarver, Peter Schell, Nicholas Lyons, Charles M'Dowell, Walter Brown, George M'Coy and Robert M'Namara, be and that they are hereby appointed commissioners, to do and perform the duties hereinafter mentioned, Form of that is to say, they shall procure a book and therein enter as subscription. follows: "We, whose names are hereunto subscribed, do pro$50 a share. mise to pay the president and manager; of the Hollidaysburg and Bedford turnpike road company, the sum of fifty dollars for every share by us subscribed, in such manner and proportions, and at such times and places, as shall be determined on by the said president and managers, in pursuance of an act entitled An act authorizing the Governor to incorporate the Hollidaysburg and Bedford turnpike road company: witness our hands, the day of Anno Domini, one thousand eight hundred and thirtyAnd shall give at least thirty days notice, in all the newspapers published in Huntingdon and Bedford counties, of the time and place when and where the said book shall be opened, to receive subscriptions of stock of the said company; at which time and place two or more of the said commissioners shall attend, and receive subscriptions from all persons of lawful age who shall offer to subscribe in said book, which shall be kept open for the purpose aforesaid at least six hours in each juridical day, for the space of six days, or until the book shall have subscribed therein five hundred shares; and the said commissioners may adjourn from time to time, and transfer the book from place to place, until the whole number of shares aforesaid shall be subscribed, of which adjournment and transfer the said commissioners shall give such notice as the occasion may require.

30 days notice.

Book to be kept open until 500

shares are subscribed.

may issue.

SECTION 2. When twenty or more persons shall have sub- When 200 scribed two hundred or more shares, and the said commission- shares are subscribed, ers or a majority of them shall have certified, under their hands letters patent and seals, to the Governor, the names of the subscribers, and the number of shares subscribed by each, it may be lawful for the Governor, by letters patent, under his hand and scal of the State, to create and erect the subscribers, and also all those who may afterwards subscribe, into one body politic and corporate, in deed and in law, by the name, style and title of "The Holli. Style & title. da sburg and Bedford Turnpike Road company;" and by the said name the said subscribers shall have perpetual succession, and the privileges and franchises incident to a corporation; and shall be capable of taking and holding their said capital stock. and the increase and profits thereof, and of enlarging the same liabilities. from time to time by new subscriptions, in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intention of this act; and of purchasing, taking and holding, to them and their successors and assigns, and of selling, transferring and conveying in fee simple, or for any less estate, all such lands, tenements, hereditaments and estate, real and personal, as shall be necessary to them in the prosecution of their work; and of suing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do.

Privileges &

Organization

SECTION 3. The stockholders, or any two of them named in the letters patent, shall, as soon as conveniently may be after issuing of the same, give notice in all the newspapers published of company. in the counties of Huntingdon and Bedford, of a time and place, to be by them appointed, not less than twenty days from the time of the first notice; at which time and place the said subscribers, or as many of them as may be then present, shall proceed to organize said company, and shall choose, by a majority of the said subscribers, by ballot, in person, one president, six managers, one treasurer, and such other officers as may be necessary to conduct the business of said company for one year, and from thence until the next annual election, and until such other officers shall be chosen and organized agreeably to the provisions of this act; and in case of the death, removal or resignation of any president or manager, the board of managers may and shall choose another to supply the vacancy until the next annual election of said company. They may make and have one common seal, and the same may break, alter or renew at their pleasure; and may make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of this State, as shail be necessary for the well ordering of the affairs of the corporation: Provided, That each subscriber shall be entitled to one vote for every share of stock by him or her held, not exceeding five; but no share or number of shares above five shall entitle the holder thereof to a vote at any election or meeting of said company: And provided also, That no person 2d Proviso.

Proviso.

shall be entitled to hold the office of president, manager or treasurer of the said company, who is not a stockholder thercof: 3d Proviso. Ad provided also, That no stockholder, whether the original subscriber or assignee, shall be entitled to vote at any election or meeting of said company, unless the whole sum due and payable on the share or shares by him or her held at the time of such election or meeting, shall have been fully paid and discharged.

treasurer.

SECTION 4. If any treasurer elected by virtue of this act, shall die, resign, or refuse to act, or neglect to give security for Duties of the the faithful discharge of the duties of his office, as the board of managers may direct and require, or having given the security required, shall neglect or refuse to take upon him and perform all duties of said office, it shall be the duty of the said managers for the time being, to appoint some suitable person treasurer, which person so appointed, shall hold the office to which he shall have been appointed, until the next election by the stockholders, on his giving the requisite security, and until a successor shall be duly elected and give the security required.

Annual elections.

of stock.

SECTION 5. The stockholders shall meet on the first Monday in July in each year, at such place as shall be fixed by the by-laws of said company for the purpose of choosing in manner aforesaid, such officers for the year ensuing the term of service of those previously elected.

SECTION 6. The said president and managers shall make Certificates out certificates of stock, signed by the president and countersigned by the treasurer, and sealed with their corporate seal, and deliver one such certificate to each subscriber for any share or number of shares by him or her held, on his or her paying to the treasurer on each share so held, the sum of five dollars, which certificate shall be transferable in person or by attorney on the books of said company, only subject to the sum due or to become due on the share or shares so transferred.

Power to enter on

SECTION 7. It shall and may be lawful for the said president and managers, their superintendents, surveyors, engineers, artists and chain bearers, to enter in and upon all and every the lands, &c. lands, tenements and enclosures, in, through and over which the said intended turnpike road may be thought proper to pass, and for that purpose to examine the ground and the quarries of stone and gravel, and other materials that may be necessary in making and constructing the said road, and to survey, lay down, ascertain, mark and fix such route for said road, as in the best of their judgment and skill will combine shortness of distance, with the most eligible ground within the points aforesaid.

SECTION 8. The said president and managers, five of whom President shall for all purposes be a quorum, shall keep minutes of all managers full their proceedings, fairly entered in a book to be kept for that power to ap purpose, and shall have full power and authority to appoint, to construct, agree or contract with such engineer, superintendents, artists, laborers, and other persons as they may think necessary, to

point persons

&c.