Width. Power to enter upon lands. Damages. Certificates. Acceptance. Proviso. Legislative reservation. Repeal. by this company for the government of their own engines: And provived, That all persons shall have the right to use their own cars on this road, subject to the regulations prescribed by the company for their own cars. SECTION 6. The said railroad shall not be more than four rods wide, except at deep cuts and fillings, and at points for depots, engine and water stations, and at toll gates and houses, where it shall not be more than six rods wide, without the consent of the owners of the property that they may wish to occupy. SECTION 7. That it shall and may be lawful for the said company to enter in and upon, and occupy and hold for the purposes of making and constructing said railroad, and all depots, engine and water stations, and toll gates and houses, and other devices connected with the same, any land upon which the same may be located, with the consent of the owners thereof, or (in case of their refusing to consent, or being infants or femes covert, or absent from the commonwealth, or unknown,) on giving security to the satisfaction of the court of common pleas of Schuylkill county, for the damages that may be assessed; and the damages shall be assessed in the same manner as is provided in the act of assembly incorporating the Philadelphia and Reading railroad company. SECTION 8. That it shall not be necessary to issue one certificate for each share of stock of the said company, but one certificate may be issued for any number of shares that shall be held by one person, copartnership or body corporate. SECTION 9. That this act shall not go into operation unless the provisions thereof be accepted by a vote of a majority of the stockholders of said company, at a meeting to be called by order of the president and managers for the purpose of considering the same; of which meeting at least five days notice shall be given by advertisement in at least two newspapers in the city of Philadelphia: Provided, That it shall and may be lawful for the stockholders of the Philadelphia and Reading railroad, at any time within six months from the passage of this act, with the consent of this company, to purchase this road with all its improvements and appurtenances, and to annex the same to their own road, of which it shall become a part, subject to all the laws, privileges and restrictions in this charter. SECTION 10. That if the said company shall at any time hereafter violate the provisions of their charter, the legislature may at any time thereafter resume and repeal all and singular, the rights and privileges hereby granted to the said company. SECTION 11. That so much of the act incorporating the Mount Carbon and Port Carbon railroad company, and the supplement thereto, as is inconsistent with the provisions of this act, be and the same is hereby repealed. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 140. AN ACT To authorize the president and directors of the Bank of Pennsylvania to reduce the capital of said bank. 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 directors of the Bank of Pennsylvania be, and they are hereby authorized to reduce the capital of the said Bank of Pennsylvania, from two million five hundred thousand dollars, to one million five hundred and sixty-two thousand five hundred dollars; and to reduce the par value of said stock, from four hundred dollars, to two hundred and fifty dollars per share: Provided, That said reduction shall not take place until authorized by a meeting of the stockholders of said bank, to be convened by a public notice, signed by the president or cashier of said bank, and published at least once a week, for at least twenty days previous to such meeting, in at least one newspaper printed in the city of Philadelphia, one newspaper printed in the city of Lancaster, one newspaper printed in the borough of Easton, one newspaper printed in the borough of Reading, and one newspaper printed in the borough of Harrisburg. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 141. SUPPLEMENT To an act, entitled "An Act to authorize the governor to incorporate a company to erect a bridge over the Lackawaxen, at or near Paupack eddy, in the county of Wayne. 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 period limited for the construction of a bridge over the Lackawaxen, Commencement under the provisions of the act to which this is a supplement, passed limited. the sixth day of April, Anno Domini, one thousand eight hundred and Commissioners. forty-one, is hereby extended five years, from the passage of this act; and the said company shall be entitled to all the rights and privileges conferred by the act to which this is a supplement, in the same manner as if the said bridge had been commenced and completed within the time limited by the said act. SECTION 2. That Buckley Beardslee and Ephraim Kimble, be, and they hereby are appointed commissioners, in the places of Otto Kimble, removed, and Royal Taft, deceased, to perform the duties required in and by the first section of the act to which this is a supplement. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The sixth day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. Proviso. Damages. No. 142. AN ACT To authorize the narrowing of Girard avenue, in Penn township, county of Philadelphia. 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 so much of a certain street called Girard avenue, in the district of Spring Garden, in the county of Philadelphia, as is laid down in the plan of said district, lying west of Broad street, and extending from thence to the river Schuylkill, be reduced from the width of one hundred and twenty feet, to the width of eighty feet; and that twenty feet of the said space of forty, so taken from said avenue, as now laid out, be vested in fee, in the owner or owners of the real estate fronting on the northern line of said avenue, as now laid out; and that twenty feet of the said space of forty-feet, so taken from said avenue, as now laid out, be vested in fee, in the owner or owners of the real estate, fronting on the southern line of said avenue, as now laid out: Provided always, That in case any real estate, so fronting on either side of said avenue, at the passage of this act, shall be bound by, or subject to the payment of any ground rent, mortgage, judgment, lien, or other incumbrance, whatever, such ground rent, mortgage, judgment, lien, or other incumbrance, whatever, shall be held to include and embrace such additional ground hereby granted to the owners of any real estate fronting on said avenue, and to charge and bind the same as fully and effectually as if said avenue had been originally laid out, of the width of eighty feet, at the time said ground rent, mortgage, judgment, lien, or other incumbrance, whatever, was created: Provided, That before this act shall go into operation, any damages that may have heretofore been paid for the opening the said street or any part thereof, shall be refunded and repaid to the treasurer of Philadelphia county, for the use of said county: And provided, further, That if the damages for opening said avenue should have been assessed on the whole, or any part thereof, lying west of Broad street, the same shall be re-assessed before this act shall go into operation. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The sixth day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 143. AN ACT Providing for the service of process on the commonwealth, in case of proceedings to perpetuate testimony. 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 when any bill in equity shall be filed in any of the courts of this commonwealth, to perpetuate the evidence of title to lands, tenements and hereditaments, in which bill the commonwealth is a necessary party, the process may, and shall be served on the attorney general, or his deputy, for the county where such lands, tenements, or hereditaments may lie, whose duty it shall be to attend to the interests of the commonwealth, in the premises. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. APPROVED-The sixth day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 144. AN ACT Relative to the publication of certain notices of the sheriff and commissioners, in the German language, in Northumberland 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 commissioners and sheriff of Northumberland county, be and they are hereby required to publish the proclamations relative to the holding of courts, and any general or special election, and all notices and publications required to be published by said sheriff and commissioners, in at least one newspaper in the German language, if any such newspaper be published in said county. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The sixth day of April, one thousand eight hundred and forty-four. 1 DAVID R. PORTER. Partition of estates. No. 145. AN ACT Supplementary to the acts relating to orphans' courts. 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 in cases of partition of estates, made by any orphans' court, under authority of the acts relating to orphans' courts, and where the court shall have decreed any share or shares, to any heir or legal representative, not residing within this commonwealth, with the payment of owelty annexed, it shall be lawful for the court, upon application made by any party lawfully interested in the same, to order a rule upon the party, his or her legal heirs or representatives, requiring the payment of said owelty, at such time and upon such terms and conditions, as the court shall direct; and if the said rule cannot be served within this commonwealth, a publication thereof, as directed by the first section of the act of the twenty-sixth day of March, one thousand eight hundred and eight, relating to notice of partitions, shall be deemed an effectual ser |