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Evidence.

Certified copies.

office in the said county of Luzerne, and also all mortgages, articles of agreement and powers of attorney, touching or concerning any lands in the county of Wyoming, so far as he can ascertain the same from the records, which copies shall be made in record books to be furnished by the commissioners of Wyoming county; and the said recorder shall, under his seal of office, attach to the end of each volume of transcripts a certificate, stating that the same contains perfect and entire copies from the original records in the office of Luzerne county; and the said recorder shall be paid out of the treasury of Wyoming county, from time to time as the work progresses, on orders drawn by the commissioners of said county, the same fees as are allowed by law for recording deeds, mortgages, et cetera, except the charge for the certificate and seal usually attached.

SECTION 2. The copies so certified shall be evidence in any cause, and in the same manner as the original record would be from which the same is taken; and satisfaction of any mortgage so certified to Wyoming county, upon the certified copy thereof, shall be as effectual as though the same was done on the record of Luzerne county; and scire facias may issue upon any mortgage so certified. in the county of Wyoming, with like effect as if issued in the county of Luzerne; and all the records so certified shall be deemed and taken to be as effectual for all purposes as though the original instrument had been recorded in the county of Wyoming; and the same penalties may be imposed for altering and defacing the same as could be inflicted were the act done within the jurisdiction of Luzerne county, and upon the original record.

SECTION 3. The said recorder shall make full copies, as aforesaid, of all instruments touching or concerning lands in Wyoming county, so far as he can ascertain the same, whether they shall come under the designation of instruments enumerated in the first section of this act or not; and he shall cause to be inserted on the record of each instrument so certified and remaining in the county of Luzerne, the words "certified to Wyoming county," with the date of such certificate.

SECTION 4. That the commissioners of Luzerne county be and are Commissioners of, Luzerne and Wyhereby required to deliver to the commissioners of Wyoming county oming counties. the assessment lists of the following townships, now forming part of said county of Wyoming, viz: Windham, Washington, Braintrim, Tunkhannock, Nicholson, Monroe and Eaton, which lists shall be used in evidence in the same manner in the county of Wyoming as they now are in Luzerne county.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-seventh day of April, one thousand eight

hundred and forty-four.

DAVID R. PORTER.

No. 308.

AN ACT

To authorize the governor to incorporate the Franklin canal company.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That

John W. Howe, James Kinnear, James P. Hoover, George W. Con- Commissioners. nelly, George Nock, Robert Lamberton, Samuel F. Dale, Richard Irwin, Thomas S. Espy, Myron Park, Alexander M'Calmont, William Raymond, Dr. N. D. Snowden, Dr. B. Gillet, William Elliott, John Evans, Thomas S. M'Dowell, A. W. Porter, R. Power, John Haslet, John W. Shugart, or any two of them, 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 Time of subscripnext procure books which shall be opened at the house of James Kin- tion. near, in the borough of Franklin, Venango county, in the manner and form prescribed in the act passed the seventh day of March, Anno Domini, one thousand eight hundred and forty-three, entitled "An Act to incorporate the Erie canal company," giving notice previous to the opening of said books, of the time and place, in the newspapers published in Meadville and Franklin, at which time and places one or more of said commissioners shall attend to receive subscriptions, as directed in said act; the amount to be subscribed per each share of stock Shares. shall be twenty-five dollars, and when two hundred or more shares shall have been bona fide subscribed, the commissioners, or a majority of them, shall certify to the governor, under their hands and seals, the names of the subscribers and the number of shares subscribed by each;

whereupon, the governor shall, by letters patent, under his hand and Letters patent. the seal of the commonwealth, create and erect the subscribers, and those who shall thereafter subscribe, into a body politic and corporate,

by the name, style, and title of the "Franklin canal company," with Name. the corporate powers and privileges granted to the Erie canal company

by the second section of the said act.

SECTION 2. The said company shall be organized by the election of Election of didirectors and officers, in the manner prescribed in the act incorporating rectors and offithe said Erie canal company, notices of meetings of the stockholders cers. shall be given by publication in the newspapers, published in Franklin, Venango county five directors shall be elected annually, as directed by said act, who shall have like powers, and perform like duties concerning the affairs of the said Franklin canal company, as are vested in or required by the directors of the Erie canal company, concerning the Erie canal, by the sixth, seventh, eighth and ninth sections of the above said act.

SECTION 3. That immediately upon the issuing the letters patent by Works vested. the governor, as provided by the second section of this act, the Franklin division of the Pennsylvania canal, from the aqueduct over French creek, on the French creek feeder, to the mouth of French creek, shall be immediately vested in the said corporation authorized to be created by this act, and their successors forever, unless the commonwealth

Repairs.

Water power.

License.

Tolls.

Certain provi

should resume the said division under the provisions of the eighth section of this act, together with all the surplus water power of said canal, all toll houses, implements, and all the estate, real and personal, purchased and owned by the commonwealth, for the use of the said canal.

SECTION 4. The directors shall keep the navigation of French creek open and unobstructed for the passage of rafts, boats, arks and other craft, down said creek, until the said canal is completely repaired, as hereinafter authorized; they shall keep in repair the locks at the dams which remain on said creek, or otherwise provide for the safe passage of the said rafts and other craft, with their loading, either over or around them; they may remove such of said dams as are decayed, useless or unnecessary.

SECTION 5. The directors of said company shall have power to dispose of the water power on said canal, upon the terms and under the restrictions imposed by the act incorporating the Erie canal company.

SECTION 6. Whenever two thousand or more shares of stock shall have been subscribed, the said company shall be authorized to re-construct or repair the said canal and slack water navigation, upon such plan as they may deem expedient, and may substitute canal for slack water on such parts of said line as they may think most advantageous; and as soon as four miles of the said line shall have been completely re-constructed or repaired, and fit for navigation, the directors shall certify the fact to the governor, who shall thereupon by license, under the less seal of the commonwealth, authorize the said company to charge and collect tolls under the regulations and restrictions contained in the act to incorporate the Erie canal company, and with the like powers to enforce the payment thereof for such distance, and so on, from time to time, whenever there shall be any portion of said line re-constructed or repaired, and fit for navigation, to the amount of four miles or upwards.

SECTION 7. The provisions of the fifteenth, eighteenth, nineteenth, sions extended to twentieth and twenty-first sections, of the act incorporating the Erie canal company, be and the same are hereby extended to the said Franklin canal company.

company.

Resumption of work by state.

SECTION 8. At any time hereafter it shall be lawful for the commonwealth, upon the passage of a law by the legislature for that purpose, to resume the said canal, together with all the rights and privileges vested by virtue of the third section of this act, by paying to the said company the amount of money expended by them for repairs and supervision, with interest thereon, at the rate of six per cent. per annum, from the time the same was expended, deducting from the principal and interest aforesaid the amount of tolls and water rents received during the period which the company had possession of said canal: And provided, further, That the said company, upon the completion of the repairs of the Franklin line, and when the company shall have been incorporated in pursuance to the provisions of this act, they shall Statement of cost. file in the office of the auditor general, a detailed statement of the cost of all the repairs and work done upon the Franklin line, which shall be verified by the oath or affirmation of the president of the said company, which statement shall remain on file in the auditor general's office, as evidence of the cost of the work done on said line by the said company, should the commonwealth at any time resume the said work in pursuance to the provisions aforesaid.

Proviso.

Organization limited.

SECTION 9. If the company hereby authorized to be incorporated, shall not be organized before the first of May, one thousand eight hun

dred and forty-six, then the privileges hereby granted by this act shall
be null and void.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED The twenty-seventh day of April, one thousand eight

hundred and forty-four.

DAVID R. PORTER.

No. 309.

A FURTHER SUPPLEMENT

To the act, entitled "An Act to vest in Amelia Mathews a certain escheated estate, and for the sale and conveyance of certain real estate, ".passed the first day of April, Anno Domini, one thousand eight hundred and thirty-five, and the supplement thereto, passed the twentieth day of March, Anno Domini, one thousand eight hundred and forty.

tion near Philadelphia, to sell

ground rents.

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 ministers, vestrymen and church wardens of the German Lutheran German Luthcongregation in and near the city of Philadelphia, in the state of Penn- eran congregasylvania, be and they are hereby authorized to convert into principal, and receive the principal amount of two thousand five hundred dollars of the annual ground rents, issuing and payable out of the real estate, let out upon ground rent by them, in pursuance of the authority contained in the acts of assembly to which this is a further supplement, for the purpose of extinguishing so much of the debts of the said congregation, as such principal hereby authorized to be raised shall amount to; and the said corporation are hereby authorized to reduce the said ground rents accordingly: Provided, And it is hereby declared that the security Proviso. for the payment of the reduced ground rents, shall be the same as for the present: And provided also, That the principal hereby authorized to be received, shall be immediately applied, by the said corporation, to the liquidation, to that amount, of the debts of the said congregation incurred in their corporate capacity: And provided further, That no ground rent shall be sold or converted for a less sum than a principal sum, which would produce, yearly, at five per cent., a sum equal to such annual ground rent; and before such sale or conversion, the said ministry, vestrymen and church wardens shall give bond to the commonwealth, with such sureties, and in such penalty, as the court of common pleas of the city and county of Philadelphia shall approve, conditioned for the faithful appropriation of the moneys raised under the provisions of this act, as is above mentioned.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-seventh day of April, one thousand eight

hundred and forty-four.

DAVID R. PORTER.

Corporators.

Name.

Proviso.

Officers.

No. 310.

AN ACT

To incorporate the Schuylkill fishing company, in the county of Philadelphia.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the members of the Schuylkill fishing company, in the county of Philadelphia, established in May, one thousand seven hundred and thirty-two, being desirous to perpetuate the same, for the purpose of more effectually cementing the friendships which have been formed, the following named persons, John Swift, William H. Hart, William V. Anderson, Joseph S. Snowden, John Price Wetherill, Joseph Donaldson, William Weaver, Henry Huber, junior, Thomas Hart, Thomas Hayes, James Glentworth, Daniel Deal, James C. Fisher, Pierre Laguerenne, Philip Physick, John S. Werner, William Harmer, Robert Adams, Stephen G. Fotterall, William Stevenson, Edward Wilcox, Robert E. Gray, George R. Justice, G. C. Carson and Henry Bohlen, being citizens of the commonwealth of Pennsylvania, and such others as they shall hereafter associate with themselves, being citizens of said commonwealth, are hereby erected into a body politic and corporate, by the name, style and title of the "Schuylkill fishing company of the county of Philadelphia;" and by the same name, style and title shall have perpetual succession, and may purchase, take and hold, by gift, grant, demise, bargain and sale, devise and bequest, or by any other mode of lawful conveyance, any lands, tenements, goods or chattels, real, personal or mixed estate, and the same, or any part thereof, from time to time may sell, alien, convey and dispose of; and may have a common seal, which they may alter and renew at pleasure: Provided always, nevertheless, That the clear yearly value or income of the messuages, houses, lands and tenements, rents, annuities or other hereditaments and real estate of the said corporation, and the interest of the moneys by them lent, shall not exceed the sum of one thousand dollars.

SECTION 2. That the officers of the said corporation shall be a governor, a secretary and a treasurer, and such other officers as the said corporation may deem needful; the said officers shall be elected at an Annual election. annual meeting to be held on the first Wednesday in October; if an election shall not take place on that day, the corporation shall not, for that cause, be dissolved, but an election shall be held as soon thereafter as may be, and until such election the officers in place shall continue to

Powers, &c.

act.

SECTION 3. That the duties and rights of the members of the said corporation, the powers and functions of the officers thereof, herein before mentioned, and of such others as may hereafter be added, the mode of supplying vacancies in office, the times of meeting of the said corporation, the number which shall constitute a quorum at any such meetings, the mode of electing members, the terms of their admission. the causes which shall justify their expulsion from the corporation, shall be regulated by the by-laws and ordinances of the said corporation hereafter to be made, which the said corporation is hereby authorized and empowered to make and alter, in the manner which may be therein

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