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No. 105.

An Act

Authorizing the laying out of a state road from Smethsport, in McKean county, to the Allegheny river, where the turnpike road leading from Warren to Ridgway crosses the same.

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 Commis'ers. same, That George Morrison of McKean county, and James Stewart and John Andrews of Warren county, be and are hereby appointed commissioners to view, lay out and mark a state road beginning at the town of Smethsport in McKean county, thence by the nearest and best route to the point where the turnpike road leading from the town of Warren in the county of Warren, to Ridgway in the county of Jefferson crosses the Allegheny river.

To view, &c.

Per diem allowance.

SECTION 2. It shall be the duty of the said commissioners, or a majority of them appointed to view as aforesaid, after having been sworn or affirmed before some justice of the peace, who shall file and preserve the same in his office, to perform the duties enjoined on them by this act with impartiality and fidelity, carefully to view the ground over which the road by them laid out may pass, and lay out the same as near to a straight line between the aforesaid points, as the nature of the ground and circumstances will permit, and so that the vertical departure from a horizontal line shall in no point exceed five degrees, except at the crossing of ravines and streams, where by moderate filling and bridging the declination of the road may be preserved within that limit; and further it shall be the duty of the commissioners to have due regard to the crossing of waters, the nature of the ground and damages to private property, and all other circumstances that may affect the route, so that by a judicious combination of them, the route adopted may best promote the public good, and that they shall clearly and distinctly mark upon the ground, the route agreed upon, in such a manner as to enable the supervisors readily to find the same; and for the purpose of fulfilling the duties by this act enjoined, the commissioners herein mentioned shall receive a per diem allowance of one dollar and fifty cents each, for every day they shall be necessarily employed in performing the duties of this act, together with the necessary provisions while locating the same; and in case any of the said commissioners shall perform the duties of surveyor, he shall receive fifty cents per day in addition, and the said commissioners are hereby authorized to employ one surveyor at one dollar and fifty cents per diem, two

chain bearers and one axe man, at a per diem allowance not exceeding seventy-five cents.

where to be

deposited.

SECTION 3. It shall be the duty of the said commissioners, to make out a fair and accurate draft of the location of said road, Drafts of road noting thereon the courses and distances as they occur, the improvements passed through, and also the crossing of county and township lines, roads and waters, with such other matters as may serve for explanation, one copy whereof shall be deposited in the office of the Secretary of the Commonwealth on or before the first day of September next, and one copy in the office of the clerk of the court of Quarter Sessions of the respective counties through which the said road may pass, on the day aforesaid, or as much sooner as practicable, which shall be a record thereof; and from thenceforth the said road shall be to all intents and purposes a public highway, and shall be opened and repaired in all respects as roads are opened and repaired, which are laid out by orders of the courts aforesaid.

Accounts of commissioners & officers

SECTION 4. The accounts of the said commissioners for their own pay, and for the pay of surveyors, chain carriers, markers and provisioners, shall be adjusted by the commissioners of the respective counties through which said road shall by whom p'd. pass, and paid by the treasurers thereof, on warrants drawn in the usual way, in proportion to the length of the road in such county respectively.

SECTION 5. The said commissioners shall meet on or before the first Monday in May next, or as soon thereafter as practicable, at such places as a majority of them shall agree upon, and complete the location of said road as soon as practicable, and if any vacancy or vacancies shall happen by resignation or any other cause, the court of Quarter Sessions of the proper county, as the case may be, are hereby authorized to fill the vacancy or vacancies by a suitable appointment.

JAMES THOMPSON,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The tenth day of April, Anno Domini, eighteen

Vacancies,

how filled.

hundred and thirty-five.

GEO: WOLF.

Board of directors au thorized to

sell a portion of poor house farm.

Proviso.

Exemption of tax of build

No. 106.

An Act

To authorize the directors of the poor for the county of Lancaster, to sell certain real estate, and for other purposes.

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 board of directors for the time being, of the house for the employment and support of the poor of the county of Lancaster, be, and they are hereby authorized and empow ered to sell and convey by deed, in fee simple, for such price as they may agree upon, that portion of the Poor House farm of said county, which lies eastward of the public road leading from the Philadelphia and Lancaster turnpike to John Swar's mill, and is bounded on the north-east by lands of Thomas H. Burrowes, on the south-east by land of John Swar, and on the south by the aforesaid road leading to Swar's mill, containing about five acres, together with a piece of land extending from the most southern corner of the tract above described to Conestoga creek, along the boundary line between the said Poor House farm and land of John Swar, which last described piece of land, shall not exceed twenty-eight feet in breadth, including one half of the public road: Provided, That the said directors shall apply the proceeds of said sale to the use of said Poor House, and shall account for the money in the usual manner.

SECTION 2. The buildings and grounds used for the support and employment of the poor in the township of Roxborough in ings, &c. the county of Philadelphia, hereby is and shall be exempt from belonging to all state, county, poor or corporation tax or taxes, so long as poor in Rox the same shall be held and devoted to the purposes above named, horough tp. and no longer.

JAMES THOMPSON,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The tenth day of April, Anno Domini, eighteen

hundred and thirty-five.

GEO: WOLF.

No. 107.

An Act

To authorize the Governor to incorporate a company for making a turnpike road from the Belmont and Easton turnpike road, at or near the road to Edmund Harford's mill, through Newfoundland to the Belmont and Easton turnpike, near the line of Wayne and Pike count ́es.

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 Richard Lancaster, Jeremiah Bennet, William Bortree, John Bortree, Simon Lee, Daniel E. Lebar and Richard Commis'ners. Gilpin, junior, be and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say, they shall on or before the first day of July next, procure two books and in each of them enter as follows: "We Form of whose names are hereunto subscribed, do promise to pay to the subscription. president and managers of the Sterling and Newfoundland turn

pike road company, the sum of twenty-five dollars for every share Shares $25. of stock in said company set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers of said company, in pursuance of an act of the General Assembly of this Commonwealth, entitled An act to authorize the Governor to incorporate a company for making a turnpike road from the Belmont and Easton turnpike road, at or near the road to Edmund Harford's mill, through Newfoundland to the Belmont and Easton turnpike, near the line of Wayne and Pike counties: witness our hands the

day of

יי:

in the year of our Lord one thousand eight hundred and And thereupon shall give notice in two or more of the public papers printed nearest the route of the said road, for twenty days at least, of the times and places when and where the said book shall be open to receive subscriptions for the stock of the said company; at which times and places one of the said commissioners shall attend, and permit and suffer all persons of lawful age, who shall offer to subscribe in said books in their own names or the name or names of any other persons who shall duly authorize the same, for any number of shares of said stock, and the said books shall be kept open respectively, for the purpose aforesaid, at least six hours in every juridical day, for the space of six days, or until the said books shall Books to be have four hundred shares therein subscribed, and if at the expi- opened until ration of the said six days, the books aforesaid, shall not have the said number of four hundred shares therein subscribed, the commissioners respectively, may adjourn from time to time, and transfer the said books from place to place, until the whole number of shares shall be subscribed, of which adjournment and transfers

400 shares subscribed.

Previso.

When chart'r may issue.

the commissioners aforesaid, shall give such public notice as the occasion may require, and when the whole number of shares subscribed shall amount to four hundred the same shall be closed: Provided always, That every person offering to subscribe in said books, in his own or any other name, shall previously pay to the attending commissioner or commissioners the sum of one dollar for every share to be subscribed, out of which shall be defrayed such incidental charges and expenses as may be necessary for taking such subscription, and the remainder shall be paid over to the treasurer of the corporation, as soon as the same shall be organized and the officers chosen as hereinafter mentioned.

SECTION 2. When twenty persons or more shall have subscribed one hundred and twenty shares of the said stock, the said commissioners respectively, may, or when the whole number of shares aforesaid, shall be subscribed, they shall certify under their hands and seals, the names of the subscribers and the number of shares subscribed by each, to the Governor of this Commonwealth; whereupon it shall and may be lawful for the Governor, by letters patent under his hand and the seal of the State, to create and erect the subscribers, and if the subscription be not full at the time, then those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate, in Style & title. deed and in law, by the name, style and title of the "President and Managers of the Sterling and Newfoundland turnpike road company," and by the said name the said subscribers shall have perpetual succession and all the privileges and franchises incident to a corporation, and shall be capable of taking and holding the said capital stock and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper, if such enPrivileges & largement shall be found necessary to fulfil the intent 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 land, tenements, hereditaments and estate, real and personal as shall be necessary to them in the prosecution of their works, 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.

liabilities

of company.

SECTION 3. The commissioners aforesaid, as soon as conveniently may be after the said letters patent shall be sealed and Organization obtained, shall give public notice in two of the public papers printed nearest the route of the said road, of a time and place by them to be appointed, not less than twenty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize the said corporation, and shall choose, by a majority of votes of the subscribers, by ballot,. to be delivered in person or by proxy duly authorized, one president, six managers, one treasurer, and such other officers as may be necessary to conduct the business of said company for

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