mit, and so that the vertical departure from a horizontal line shall in no point exceed five degrees, except at the crossing of streams and ravines, when by moderate filling, cutting, and bridging, the grade may be reduced to that standard: and further, it shall be the duty of said commissioners, to have due regard to crossing of streams, the nature of the ground, and damage to private property, and all other circumstances that may affect the route, so that by a judicious combination of them, a good road may be had, and the public good cared for: and further, it shall be the duty of said commissioners to carefully and plainly mark Mark route. the road agreed upon. SECTION 27. The commissioners herein named shall receive a per diem allowance of one dollar and fifty cents, for each day they shall be Pay. necessarily employed in performing their duties under this act; and they are authorized to employ a surveyor, at one dollar and fifty cents per day, and two chain carriers and one axeman, at one dollar per day. SECTION 28. The said commissioners shall on or before the first day of January next, make out four drafts of said road as located, whereon Drafts. shall be noted the courses and distances, the crossings of county and township lines, and the crossing of streams, one of which shall be forwarded by mail to the secretary of the commonwealth, to be filed in his office as matter of record; and one be filed in the office of the clerk of the court of quarter sessions in the respective counties through which the said road may pass; and from the time of such filing, as last stated, the said road shall be, to all intents and purposes, a public highway, and shall be opened and repaired as other public highways are. SECTION 29. That the accounts of said commissioners, for their own Accounts. pay and the pay of those directed to be employed under this act, shall be adjusted by the county commissioners of the counties through which the road may pass, and paid out of the treasuries of the same, according to the time actually required to locate the said road within the said respective counties. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-second day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. No. 233. A SUPPLEMENT To an act, entitled "An Act to extend the charter of the Bank of Delaware County, 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 provisions of the second and third sections of the act passed the eighteenth day of April, Anno Domini, one thousand eight hundred and forty-three, entitled "An Act to extend the charter of the Bank of Montgomery County," be and the same are hereby extended to the Bank of Delaware County. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-third day of April, one thousand eight hun dred and forty-four. No. 234. DAVID R. PORTER. AN ACT To view and lay out a road from the village of East Brook, Mercer county, to the west end of White's bridge, across the Shenango, in Beaver county, 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 Commissioners. Joseph Pollock, James Oliver, William Dickson, Thomas Fisher and Thomas Wilson, be and they are hereby appointed commissioners, to Location of road. view and lay out a state road from the village of East Brook, in Mercer county, by way of Fisher's, M'Crearey's, Zeigler's and Pearson's mills, following as near as practicable the valleys of East Brook and Neshannock, through the borough of New Castle, to intersect the road leading to Mahoning, at the west end of White's bridge, in Beaver county. Oath. SECTION 2. That it shall be the duty of said commissioners, respectively, after taking and subscribing an oath or affirmation before a justice of the peace, to perform the duties enjoined on them by said act, with impartiality and fidelity, to carefully view the ground over which said road may pass, and to lay out the same as near to a straight line between the aforesaid points, as the nature of the ground, and other important circumstances, will permit, so that the verticle departure from a hori zontal line shall at no point exceed five degrees, except only at crossing ravines and streams, when by a moderate filling or bridging the declination of said road it may be preserved within that limit. SECTION 3. That it shall be the duty of said commissioners, respec- Mark route. tively, plainly and distinctly to mark the ground on the route agreed upon for the road aforesaid, in such manner as to enable the supervisors readily to find the same for the purpose of fulfilling the duties in this act enjoined; the commissioners, respectively, are hereby authorized to employ one surveyor, at a per diem allowance not exceeding two Pay. dollars; and two chain carriers and one axeman, at a per diem allowance not exceeding one dollar each; and the said commissioners, respectively, shall receive a per diem allowance of one dollar and fifty cents, for each and every day necessarily spent in discharge of the duties enjoined by this act, to be paid in manner and form as hereinafter directed; Provided, That no person acting as commissioner under the Proviso. provisions of this act, shall receive the compensation of surveyor, in addition to the per diem allowance of said commissioners. SECTION 4. That it shall be the duty of the said commissioners to Drafts. make out fair and accurate drafts of the location of said road, noting thereon the courses and distances as they occur, the improvements passed through, and also the crossing of 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 twentieth day of January next, and one copy in the office of the clerk of the court of quarter sessions, in said county, on or before the said twentieth day of January next, 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 to the breadth and repairs, in all respects as roads are opened and repaired, which are laid out by order of the court of quarter sessions aforesaid. SECTION 5. That the account of said commissioners, for their own Accounts. pay and pay of surveyors, chain carriers, shall be made out and returned to the commissioners of said county, in which the road is located; and that they be paid out of the treasury of the county, on a warrant drawn in the usual way, in proportion to the distance of said road in each county. SECTION 6. That the said commissioners shall meet at the house of Meeting. as soon as possible; and if any vacancy shall happen, by resignation or Vacancy. SECTION 7. That so much of the third section of an act, entitled Buckingham and "An Act to authorize the governor to incorporate the Buckingham and Doylestown turnDoylestown turnpike road company, and for other purposes," as requires pike road comthe commissioners appointed by said section to make return of said pany. survey, with the courses and distances, within six months from the date of such concurrent law being passed by the state of Ohio, be and the JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-third day of April, one thousand eight hun dred and forty-four. 22 DAVID R. PORTER. 338 Name. Powers, &c. No. 235. AN ACT Incorporating "the German Lutheran Dutch Reformed and Menonist congregation," called Christ church, of Manchester township, in the county of York. 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 a corporation is hereby created by the name, style and title of "the German Lutheran Dutch Reformed and Menonist congregation, called Christ church," of Manchester township, in the county of York, and by the same name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded, in all courts of law and elsewhere: and shall be able and capable in law and equity, to take, hold and receive, to them and their successors, for the use of said corporation, lands, tenements, goods and chattels, of whatsoever kind, nature or quality, real, personal or mixed, which is now or shall or may at any time hereafter become the property of said corporation, or to be held for their use, by gifts, grants, bargains, sales, conveyance, devise. bequest or otherwise, from any person or persons whomsoever, capable of making the same; and to grant, bargain, sell, mortgage, improve or dispose of the same for the use of the said corporation: Provided. Annual income That the yearly value or income of the said estate so held by said corporation, shall not at any time exceed the sum of two thousand five hundred dollars, and shall not be appropriated to any other than benevolent or religious uses. Proviso. limited. Officers, &c. Trustees. Vacancies. SECTION 2. The business of the said corporation shall be conducted by three trustees and one secretary, which trustees may appoint a treasurer and such other officers as they may from time to time deem necessary for the better government of the said corporation, and until others are or shall be elected as is hereinafter provided. The following named persons shall be trustees, viz: Jacob Frey, Anthony Desenberg and Christian Hartman, to continue in office until the last Saturday in December, Anno Domini one thousand eight hundred and forty-four, on which day the male members of said congregation shall elect three Annual election. trustees and one secretary, and on the same day annually thereafter, elect three trustees and one secretary, who shall serve one year, and until others are elected; and if vacancies, by death or otherwise, shall happen in the office of trustees, the remaining trustee or trustees may appoint others to supply such vacancy or vacancies, until the next general meeting of the members of said congregation, when another trustee or trustees shall be elected, to serve until the next annual election; and if the members of said congregation neglect on the day of the annual meeting, to hold their election as is hereinbefore directed, the said corporation shall not be dissolved, but a majority of the trustees may appoint any subsequent day on which the election may be held: Provided, That notice thereof may be given in such manner as a majority of the trustees may think proper to direct, and at least ten days before said election; and any male member of said congregation, at least twenty-one years of age, and who shall have, after his majority, Proviso. paid at least twenty-five cents per annum for the support of said church, shall be entitled to vote for trustees and secretary. SECTION 3. The said trustees and their successors shall have full By-laws. power to enact and enforce such by-laws and ordinances as they shall think proper for the regulation and transaction of the business of the said corporation, and shall have power also to change the time of holding the general election, if the same should be deemed advisable: Pro- Proviso. vided, That the said by-laws and ordinances shall not be inconsistent with the constitution and laws of this state or of the United States: Provided further, That the said corporation shall not dispose of, alien. sell or in any way incumber the real estate belonging thereto, unless with the consent of a majority of the members of said congregation, entitled to vote as aforesaid, who shall meet and determine upon such sale, incumbrance or purchase, as shall have been proposed. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-third day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. No. 236. AN ACT To extend the time of commencing the New Hope, Doylestown and Norristown railroad. 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 time to commence the New Hope, Doylestown and Norristown railroad, is hereby extended six years, from the passage of this act. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twenty-third day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. |