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CHAPTER CII.

An ACT to enable the governor to incorporate a company to make an artificial road from the Philadelphia and Wilmington post road, near John McIlvain's to intersect the Philadelphia, Brandywine and New London turnpike road, on the land of George Davis, in Delaware county.

appointed,

SECT. I. 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 William Commissioner's Graham, William Anderson, Thomas B. Dick, Joseph Engle, Samuel Anderson, Jonas Eyre, John Crosby, John Newbold, John McIlvain, Abraham Trimble and George G. Leiper, 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 Monday of May next, procure one or more books, and en- Books to be o ter therein as follows, "We whose names are hereunto subscrib- Entry therein. cured by. ed, do promise to pay to the president, managers and company of the Ridley turnpike road, the sum of fifty dollars for every share 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 the said company, in pursuance of an act of the general assembly, entitled, " An act to enable the governor to incorporate a company to make an artificial road from the Philadelphia and Wilmington post road near John McIlvain's, to intersect the Philadelphia, Brandywine and New London turnpike road on the land of George Davis in Delaware county;" and shall thereupon give notice in two of the public newspapers printed in Philadelphia, two weeks at of least, of the times and places, when and where the said books shall be open to receive subscriptions for the stock of the said company; at which respective times and places some two of the Two of the com said commissioners shall attend and shall permit and suffer all per- tend, &c. sons of lawful age who shall offer to subscribe in the said books scribe. in their own names, or names of any other persons who shall duly authorize the same, for any number of shares in the said stock; and the said books shall be kept open respectively for the pur- to be kept open. pose aforesaid, at least six hours in every juridical day, for the space of four days, or until the said books shall have two hundred and fifty shares therein subscribed; and if at the expira- If there are not tion of the said four days, the books aforesaid shall not have scribed in four the number of shares aforesaid therein subscribed, the said com- missioners may days, the com missioners may adjourn from time to time, until the whole num- adjourn. ber of shares shall be subscribed, of which adjournments the commissioners aforesaid shall give such public notice as the occa- Notice of the ad sion may require, and when the whole number of shares subscrib- given. ed in the said books shall amount to two hundred and fifty, the are subscribed, same shall be closed: Provided always, That every person offer- closed.

X

Notice to be giv

the books.

en of the opening

missioners to at

Who may sub

How the books

250 shares sub

journments to be

When 250 shares

the books to be

paid on each

of subscribing.

8 doilars to be ing to subscribe in the said books in his own name, or any other share at the time name, shall previously pay to the attending commissioners the sum of five dollars for every share to be subscribed, out of which shall be defrayed the expenses attending the taking such How appropria. subscriptions, and other incidental charges, 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.

red.

shall have

subscribed 75

shares, commis sioners to certify, &c.

corporate by letters patent.

poration.

SECT. II. And be it further enacted by the authority aforesaid, When 20 persons, 'That when twenty persons or more shall have subscribed seventyfive shares of the said stock, the commissioners shall certify under their hands and seals the names of the subscribers, and the number of shares subscribed by each, to the governor, and Governor to in thereupon 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 said subscriptions be not full at the time, then also those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate, in deed Style of the cor and in law, by the name, style and title of, "The president, managers and company of the Ridley turnpike road;" and by the said name the subscribers shall have perpetual succession and And privileges, all 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 from time to time by new subscriptions, in such manner and form as they shall think proper, if such enlargeinent 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, transfering and conveying in fee simple, or for any lessér estate, all such lands, 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.

Notice to be given of organizing the company.

SECT. III. And be it further enacted by the authority aforesaid, That the commissioners aforesaid as soon as conveniently may be, after the said letters patent shall be obtained, shall give notice in two of the public newspapers printed in Philadelphia, of a time and place by them to be appointed, not less than ten 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 said subscribers by ballot to be delivered in person or by proxy, duly authorized, one president and six managers, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company for one year, and until such other officers shall be chosen; and shall and may make such by-laws, rules, orders leges and restric- and regulations, not inconsistent with the constitution and laws

Officers to be chosen.

Further privi

pany.

of the United States, and this State, as shall be necessary tions of the com for the well ordering the affairs of the said company, and generally have like powers, authorities and privileges necessary for carrying on and completing the said turnpike road, and be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, and be entitled to like tolls and profits in proportion to the distance as are given and granted to "The president, managers and company of the Downingstown, Ephrata and Harrisburgh turnpike road;" Provided, That if the said Work to be com company shall not proceed to carry on the said work in one year after the passing of this act, or shall not within five years afterwards complete the said road according to the true intent and meaning of this act, then in either of these cases, all and sin- Penalty onfail. gular the rights, liberties and franchises hereby granted to the said company, shall revert to this commonwealth."

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the thirtieth day of March, one thousand eight

menced in one and finished within five

years,

ure.

hundred and eleven.

SIMON SNYDER.

CHAPTER CIII.

An ACT to authorize Rebecca Miles of the city of Philadel phia, widow, to sell and convey certain lots and lands therein mentioned.

authorized to

estate.

SECT. 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 Re- Rebecca Miles becca Miles of the city of Philadelphia, widow of James Miles, sell certain real deceased, and guardian of his minor children, Catharine Miles, Samuel Miles, William Miles and James Miles, be, and she is hereby authorized to sell and convey in such manner as she shall judge most for the benefit of the said minors, and for the best price that can be got for the same, all the undivided shares, interest, right and estate of the said Catharine Miles, Samuel Miles, William Miles and James Miles, of all and every the lots, lands and real estate, in and adjoining the town of Milton, in Turbut township, in the county of Northumberland, which they are in anywise entitled to or interested in, which descended to, and vested in them by operation of law, or in any manner, by, from, or under William Wister, of the city of Philadelphia, or by, from, or under their uncle Samuel Miles, who respectively died intestate and without issue, so far as respects the said real And to execute estate, and to execute a deed or deeds of the same to the pur

conveyances.

chaser or purchasers thereof in fee simple, and to appropriate Appropriation of the proceeds thereof to the maintenance and education of the the proceeds.

Residue to be paid over.

Security to be

given in the orphans' court.

said minors according to their respective proportions therein, and to pay over the whole residue thereof to the said minors on their respectively arriving at the age of twenty-one years, in such manner, and in such proportions as is directed by the intestate laws of this commonwealth, and according to their several interests therein: Provided nevertheless, That before the said Rebecca Miles shall proceed to sell or convey any part of the said estate, she shall enter into a recognizance with sufficient sureties in the orphans' court of the city and county of Philadelphia, well and faithfully to execute the trusts by this act given to and vested in her, and truly and faithfully to account for the proceeds of the said estate, and to appropriate and pay over the residue thereof unexpended in reasonable maintenance and education of said minors, in such manner as is directed by the intęstate laws aforesaid.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate,

APPROVED the thirtieth day of March, one thousand eight hundred and eleven.

SIMON SNYDER.

An academy to

Mercer county.

Style of.

Trustees named:

CHAPTER CIV.

An ACT establishing an academy in the town of Mercer, in Mercer county, and to grant a sum of money thereto.

SECT. I. 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 there shall be be established in and hereby is established in the town of Mercer, in Mercer county, an academy or public school for the education of youth in the English and other languages, in the useful arts and sciences, and literature, by the name, style and title of the " Mercer academy," under the care, direction and government, of eight trustees; viz. the reverend John Walker, the reverend Samuel Tate, Hugh Bigham, Joseph Smith, James Braden, Samuel B. Forster, Ebenezer Maguffen, and Nathan Patterson, which said trustees and their successors, to be elected as herein mentioned, shall be, and hereby are declared to be one body politic and corporate in deed and in law, by the name, style and title of, Style of the cor- "The trustees of the Mercer academy;" and by the same name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded in all courts of record and else

Who, and their successors to be

a body politic.

poration.

Powers and privileges of.

( 165 )
165)

Annual income

4,000 dollars.

in office more

&c.

where, and shall be competent and capable in law and in equity to take and to hold to them and their successors, for the use of said academy, lands, tenements, hereditaments, goods and chattels of whatever kind, nature or quality, real, personal or mixed, by gift, grant, bargain, sale, conveyance, assurance, will, devise, or bequest, from any person or persons whatever capable of making the same, and from time to time to grant, bargain, sell, demise, alien or dispose of the same for the use of said academy; and to erect such buildings as may be necessary, and generally to do all and singular the matters and things which shall be lawful for them to do for the well being of the said academy and the due management and ordering the affairs thereof; Provided always, That the yearly income of the estates or not to exceed money shall not exceed four thousand dollars. SECT. II. And be it further enacted by the authority aforesaid, No trustee to be That the number of trustees shall be eight as aforesaid, and than four years, they shall be so changed as that none of them shall continue in office more than four years at any one time without being reelected by the people of said county, and for that purpose it shall be the duty of the said trustees at their first meeting, when not less than five of them shall be present, which number shall be a quorum to do business, and they are hereby authorized and required to cast lots for ascertaining the members to be changed each year until the whole number shall be changed; and in or- How the trustees der annually to supply the vacancy as the same may take place, changed. the citizens of the county of Mercer, on the second Tuesday supplied, of October, one thousand eight hundred and twelve, and annually thereafter at the same places and in the same manner and under the same laws, rules and regulations as members of the state legislature shall be chosen, shall elect two trustees to supply the place of the trustees going out of office; Provided always, Proviso. That in case the places of any of the trustees shall become vacant by death, resignation or otherwise, the remaining trustees shall appoint a person or persons to fill such vacancy or vacancies until the next general election when the class in which vacancy or vacancies may happen are to be chosen.

are to be

And vacancies

the first meeting

SECT. III. And be it further enacted by the authority aforesaid, when and where That the first meeting of the said trustees shall be at the town to be held. of Mercer on the third Tuesday of May next, and they shall meet at such other times as a majority of the trustees shall determine.

SECT. IV. And be it further enacted by the authority aforesaid, Treasurer to be That the trustees shall appoint a treasurer annually, who shall appointed. receive and hold all monies belonging to the institution, and pay Duties of. the same on orders signed by the board, and shall keep fair accounts thereof, to be open at all times to the inspection of the trustees; and before he enters upon the duties of his office shall To give bond, give bond in any sum at their discretion, with two or more suf- condition of.

&c.

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