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ripples to Turkey Hill falls, and as the term of service of the commissioners expired before the utility of the work had been tested, it was found upon trial that a part of the channel above Wrightsville had not been made sufficiently deep rt for common low water for the running of arks and rafts, causing much inconvenience and delay of business and destruction of property: Therefore,

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 the sum of three hundred dollars be and $300 of an unexpended the same is hereby appropriated for the purpose of finishing balance ap. the course and improving the navigation of the Susquehanna propriated to along the York county shore, from Wrightsville to the point improve naviopposite Cheekiesalungo creek, out of the unexpended ba- gation. lance of the appropriation per act of the thirty-first of March, one thousand eight hundred and twenty-three, to which this is a supplement.

pointed commissioners.

To give bond.

SECT. 2. And be it further enacted by the authority aforesaid, That Robert. Boyd and William White, of the county R. Boyd and W. White ap. of York, be, and they are hereby appointed commissioners to perform the duties required by this act, in improving the navigation of the river Susquehanna; they shall give a bond to the commonwealth, in a sum equal to the aforesaid appropriation, with sufficient sureties for the faithful performance of the duties required of them, when the Governor is hereby authorized and required to draw his warrant on the State Treasurer, in favor of the commissioners, for the Powers and amount hereby appropriated; they shall have the like power, duties. in making contracts, that was vested in the commissioners, in the act to which this is a supplement; they shall make a fair statement of the moneys received and expended, on or before the first day of January, one thousand eight hundred and thirty-four, under oath or affirmation, to the Auditor General, who is to settle and adjust the same: Provided, Proviso. That the said commissioners shall not be allowed more than Compensa one dollar for each day necessarily employed in the perform- tion. ance of their duty.

SAM’L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The sixth day of April, Anno Domini, eigh

teen hundred and thirty-three.

GEO. WOLF.

pointed to open books.

No. 79.

AN ACT

To incorporate a company to make a free road from Adamsburg on the
Pittsburg and Greensburg turnpike, to Peter Pool's tavern on the
Robbstown and Mount Pleasant turnpike road, in the county of
Westmoreland and for other purposes.

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That John Lobingeir, Esq. James Hurst, Esq. Jesse Comm'rs, ap- Lippincott, William Black, Lebious L. Bigelow, Peter Pool, John P. Miller, Christopher Painter, John Seaner, William Beck, Michael Miller, and Adam Errett, be and they are hereby appointed commissioners to do and perform the several things hereinafter directed, that is to say, they shall on or before the first day of July next, procure a book or books, and enter therein as follows: We, whose names are Form of sub- hereunto subscribed, do promise to pay to the president and scription. managers of the Free Road company from Adamsburg to Peter Pool's, the several sums annexed to our names, in such manner, at such times, and in such proportions as the presi dent and managers of said free company may direct, in pursuance of an act of the General Assembly of this Commonwealth, entitled 'An act to incorporate a company to make a free road from Adamsburg on the Pittsburg and Greensburg turnpike, to Peter Pool's tavern on the Robbstown and Mount Pleasant turnpike road, in the county of Westmoreland.' Witness our hands, the day of in the year of our Lord, one thousand eight hundred and ;" and thereupon shall take such measures as to them shall appear proper, to procure subscriptions to the stock from time to time, until a sufficiency shall be procured to accomplish the object contemplated in this act.

SEOT. 2. And be it further enacted by the authority aforesaid, That when twenty or more persons shall have subWhen $500 scribed five hundred or more dollars of the said stock, the are subscribed by 20 said commissioners shall certify under their hands and seals, persons char- the names of the subscribers, and the amount each shall have tor may issue subscribed, to the Governor, and thereupon it shall and may incorporating be lawful for the Governor by letters patent, under his hand $2,000. and seal of the state, to create and erect the subscribers, and if the subscription shall not be sufficient at the time, then those who shall afterwards subscribe to the amount of two thousand dollars, into one body politic and corporate, in deed and in law, by the name, style and title of "The pre

to the am't. of

aident, managers and company of the free road from Adams- Corporate burg to Peter Pool's, in the county of Westmoreland."

style.

SEOT. 3. And be it further enacted by the authority aforesaid, That as soon as five hundred dollars shall have been Mode of or subscribed, and letters patent obtained, the commissioners ganizing cor shall give at least twenty days public notice in one or more poration. newspapers published nearest to the body of the subscribers, of a time and place of holding an election, when and where the subscribers shall proceed between the hours of one and six o'clock, P. M. to elect by ballot one president, six managers, and one treasurer, and such other officers as they deem necessary, to conduct the business of said company, and shall and may make such by-laws, rules and regulations, not inconsistent with the constitution and laws of this commonwealth, as they shall judge necessary for the well ordering of the affairs of said company: Provided, That no person shall Proviso, have more than five votes at any such election, and that every of voting person shall have one vote for every five dollars subscribed privileges. up to that number: And provided further, That all future 2d proviso. elections shall be held on the third Monday of April, of each Time of an and every year, the election to be held at such place as the nual elecpresident and managers may direct.

tions.

SECT. 4. And be it further enacted by the authority aforesaid, That the said president and managers, their superin- Right of entendents, surveyors, engineers, and agents, shall be, and try upon enthey are hereby authorized to enter in and upon all enclo- closures to sures or wood land, in, over, or through which the said free locate, &c. road shall pass, or that it shall be thought proper to pass over; and the same to examine, and thereon shall create a road, according to the best of their judgment, beginning at the vil lage of Adamsburg, on the Pittsburg and Greensburg turnpike Route. road, in the county of Westmoreland, and to intersect the Robbstown and Mount Pleasant turnpike road, at Peter Pool's tavern, which said road shall be opened forty feet Width, mawide, at least twenty feet of which shall be made an artificial terials and road of clay, stone, gravel, or such other materials as the pre elevation. sident and managers shall think proper, so that the same, when completed, shall not exceed, in ascent or descent, five degrees from a horizontal line, and when said road shall be Free road. completed, shall forever be a free road: Provided, The own- Proviso. ers of land through which the said road shall pass, shall have Remedy to the same remedy as is provided in the general road laws of land owners. this Commonwealth.

SECT. 5. And be it further enacted by the authority aforesaid, That the said road shall be kept in repair, as public Repair of roads now are, which are laid out by order of the courts of road. Quarter Sessions of the peace, agreeably to the several acts of Assembly, in such cases made and provided.

SECT, 6. And be it further enacted by the authority aforesaid, That the commissioners named in an act authorizing

Stock com

the Governor to incorporate the Robbstown bridge company, missioners of passed the twenty-third day of March, eighteen hundred and the Robbs- thirty one, for the purpose of opening books to take subscriptown bridge tions, or a majority of them, shall have full power to contract company pro with any person or persons, for erecting the said bridge, unvisionally inder the act last aforesaid, in the name of the company last the powers of aforesaid; and to do all other acts, in the name of the the president company last aforesaid, that are required to be done by & managers. the act last aforesaid, before the president and managers

vested with

Certain acts of commissioners de

Proviso. Neglect to pay Ist instal

of the same are to be chosen; and when the president and managers of the same shall be chosen, the powers and duties of the commissioners shall cease and determine, and all contracts heretofore made, or acts done by or with the commissioners last aforesaid, in the name of, or for the said Robbstown bridge company, shall be deemed good and valid; clared valid. and the commissioners last aforesaid, or the president and managers may, and they are hereby authorized to enforce the said contracts in the name of the said Robbstown bridge company, in law or in equity, according to the true intent and ineaning of such contracts: Provided, That in no case shall the non-payment of the first instalment required by the act last aforesaid, to be paid when the subscriptions are taken, be any bar to the recovery of the amount of subscription, in any suit that the said Robbstown bridge company may commence and prosecute against any subscriber to the stock of the same: And provided further, That if any of the commissioners last aforesaid have heretofore declined, or should hereafter decline to act, or if there be now, or should be hereafter, any vacancy in the said board of commissioners last mentioned, from any cause whatever, the remaining commissioner or commissioners shall report the fact to the Auditor General, who, thereupon, shall fill such vacancy or vacancies; and the person or persons so appointed by the Auditor General, shall have the same powers as the other commissioners last aforesaid.

inent not to. bar recovery

of subscrip

tions.
2d proviso.
Auditor Gen.

to fill vacan-
cies in board
of commis'rs.

Clifford and

SECT. 7. And be it further enacted by the authority aforeWilkesbarre said, That the president and managers of the Clifford and turnpike co. Wilkesbarre turnpike road company, shall be, and they are Pres't. & ma- - hereby authorized and required to receive the unexpended nagers to ap- balance of the appropriation made to said road, by the act of ply unexpen- twenty-sixth March, one thousand eight hundred and twentyunder act of one, and to apply the same to that part of the road between 26th March, Richardson's old tavern stand, (now Catlin's.) and the Co1821, to cer- shecton and Great Bend turnpike, any thing in the act aforetain section. said to the contrary notwithstanding.

ded balance

SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The sixth day of April, Anno Domini, eighteen hundred and thirty-three.

GEO. WOLF

No. 80.

AN ACT

Authorizing the executors of the last will and testament of Peter Beisel,

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deceased, to vest certain trust moneys.

SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Owen Rice and Jacob Beisel, executors of the Owen Rice last will and testament of Peter Beisel, late of Allen town- and Jacob Beisel execuship, in the county of Northampton, deceased, (and trustees tors. under the said last will and testament for Barbara Keck, Northampton Susanna Reber and Elizabeth Hartman, daughters of the county. said deceased) and the survivor of them, be and they are hereby authorized and empowered, whensoever the same shall be deemed advantageous to the interest of their cestuis que trust, or either of them. to vest the moneys bequeathed to them, in trust for the said Barbara Keck, Susanna Reber and Elizabeth Hartman, or of either of them, or such part thereof as to them shall seem expedient in productive real estate, to be held of the same trusts as are expressed and declared in the said last will and testament of, and concerning the said trust moneys, and if necessary, to permit and allow the said cestuis que trust; or either of them, to occupy and enjoy such real estate respectively, instead of paying them the interest of so much of the trust fund as is invested there. in, or paying them the rents, issues and profits thereof.

SAM'L. ANDERSON,

Speaker of the House of Representatives.

THO'S. RINGLAND,

Speaker of the Senate.

GEO. WOLF.

APPROVED-The sixth day of April, Anno Domini, eigh teen hundred and thirty-three.

No. 81.

A SUPPLEMENT

To the act entitled, "An act to incorporate the Rock Cabin and Tangascootack rail road company, in Centre county."

SECT. 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 Benjamin F. Lee, Alfred H. Dorr, John Bouvier, Joseph Burden, Alexander M'Clurg, Thomas J. Petrikin,

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