Pennsylvania Act 1851-381 — COMMISSIONERS OF PHILADELPHIA TO BORROW MONEY

Act text

COMMISSIONERS OF PHILADELPHIA TO BORROW MONEY
                  Act of Apr. 3, 1851, P.L. 868, No. 381              Cl. 65
                                  AN ACT

     To incorporate the Lafayette Railroad Company, and relative to
        Gray's Ferry road in the county of Philadelphia, to reduce
        the shares of stock in the Bellefonte, Aaronsburg, and
        Youngmanstown Turnpike Company, relative to the Farmers' Hay
        and Straw Market Association in Philadelphia, to an election
        district in Westmoreland county, to authorize the
        commissioners of Philadelphia county to borrow money,
        relative to the appointment of a trustee for Elizabeth Hoge,
        to authorize George W. Linville, trustee of James and
        Alexander Lee, to sell certain real estate, conferring on the
        Court of Common Pleas of Schuylkill county chancery powers
        and jurisdiction, to authorize the fixing of a county line
        between the counties of Luzerne and Carbon, relative to
        mortgages and assigns of mortgages, and providing for the
        appointment of road viewers in the county of Northumberland,
        and relative to the repeal of a section in reference to
        bridges in Lehigh 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 Joseph Morse, Joseph Morse, Jr., Daniel Kingsbury,
     Samuel W. Bradley, of M'Kean county, Andrew C. Hull and Alpha
     Morse, of Angelica, New York, and Samuel H. Barnes and John J.
     Phelps, of the city of New York, or any two of them, be, and
     they are hereby appointed commissioners to open books, receive
     subscriptions and organize a company by the name, style, and
     title, of "The Lafayette Railroad Company," with all the powers
     and subject to all the provisions and restrictions prescribed by
     an act entitled, "An Act regulating railroad companies,"
     approved the nineteenth day of February, one thousand eight
     hundred and forty-nine.
        Section 2. That the capital stock of said company shall
     consist of twenty-five hundred shares of fifty dollars each:
     Provided, Said company may from time to time, by a vote of the
     stockholders at a meeting called for that purpose, increase
     their capital stock so much as in their opinion may be necessary
     to complete the said road and to carry out the true intent and
     meaning of this act.
        Section 3.  That said company shall have the right to build
     or construct a railroad from the State line in the valley of
     Tunianguiant, in the county of MKean, up said valley by such
     route as to the president and directors shall seem best, to the
     coal mines in the town of Lafayette, and east of Lafayette
     corners in said county of MKean, with the privilege of such
     branches in the counties of MKean, Potter, and Elk, as they may
     need for the use of said mines. Said railroad to be commenced
     within two and completed within ten years from the passage of
     this act.
        Section 4. That so much of the sixth section of an act
     entitled "An Act to authorize Jonathan W. Swain, the guardian of
     Anna Maria Agnue, a minor and only child of Albert D. Agnue,
     deceased, and for other purposes," passed March twenty-sixth,
     one thousand eight hundred and fifty-one, as requires the
     district of Moyamensing, in the county of Philadelphia, to pay
     for the regulating and grading of the side-walks on the Grays
     Ferry road from Federal street to the abutments of Grays Ferry
     bridge, be, and the same is hereby repealed.
        Section 5.  That the board of managers of the Bellefonte,
     Aaronsburg, and Youngmanstown Turnpike Company, be, and are
     hereby authorized to apply their dividends to the reduction of
     the number of the shares of stock of the said company: Provided,
     That such reduction shall not exceed the number of four hundred
     shares.
        Section 6. That the provisions of "An Act to incorporate the
     Farmers Hay and Stray Market Association in the county of
     Philadelphia," approved April thirteenth, eighteen hundred and
     thirty-eight, shall extend to all persons who are stockholders
     of said association who shall be entitled to share in common and
     upon the same terms all rights and privileges that are now or
     may hereafter be enjoyed by any other person or persons who are
     members of said association.
        Section 7.  That all that part of Hempfield township, in the
     county of Westmoreland, including the following boundaries, to
     wit: Beginning at the township line near Mechlings mills in said
     township, from thence to John Herrolds, from thence to Michael
     Isamans, from thence to intersect the line of the New Stanton
     district at the house of Andrew Rosenstats, be, and the same is
     hereby attached to the New Stanton election district for
     election purposes.
        Section 8. That the commissioners of Philadelphia county are
     hereby authorized and directed to borrow, on the credit of the
     county, the sum of thirty thousand dollars, at the rate of
     interest not exceeding six per centum per annum, said loan to be
     redeemable in twenty years. But no certificate of stock shall be
     issued for any fractional part of one hundred dollars: Provided,
     That the money so borrowed shall be appropriated by the county
     board to pay the present indebtedness of the county prison.
        Section 9. That it shall be lawful for the Court of Common
     Pleas of the city and county of Philadelphia, on the petition of
     Elizabeth Hoge, to appoint a trustee for her and any children
     she may have, to take such security as the said court may
     approve as adequate and safe by mortgage or ground rents, to
     secure the legacies bequeathed to or for her children by the
     will of her father, the late Rev. Thomas Hoge; and upon such
     security being given with the approval aforesaid, the said
     trustee and Elizabeth Hoge may execute and deliver unto the said
     Thomas H. Hoge a full release and discharge of said legacies or
     charges created by the will of the said Rev. Thomas Hoge, on all
     the real estate and personal effects by him devised and
     bequeathed until the said Thomas H. Hoge, by will dated the
     twentieth day of June, Anno Domini, one thousand eight hundred
     and forty-six; and the said Thomas H. Hoge shall be enabled to
     hold, sell, dispose, and devise said property and estate, clear
     and discharged of said legacies and charges, except only so far
     as he may by mortgage or ground rent incumber any part thereof,
     for the purpose aforesaid.
        Section 10.  That George W. Linville, who was on the twenty-
     third day of December, eighteen hundred and fifty, appointed by
     the Court of Common Pleas of the city and county of
     Philadelphia, trustee of James Lee and Alexander Lee, be, and he
     is hereby authorized and empowered at public or private sale to
     sell and convey in fee simple, or otherwise, the whole or such
     part and parts as he may deem expedient of the property and
     estate, hereditaments, appurtenances, and premises of which he
     the said George W. Linville, by his said appointment, is trustee
     under the last will and testament of William Lee, deceased, or
     under any conveyance or assurance made by the said William Lee
     in his lifetime in trust for the said James and Alexander, or
     either of them, and to convey to the purchaser and purchasers
     thereof as good and valid estate or estates in the premises as
     the said William Lee was at any time seised of and entitled to
     both in law and equity, and discharged from the trusts of his
     said will and of such conveyance or assurance, and without any
     obligation on the part of the said purchaser and purchasers to
     see to the application of the purchase money: Provided, that the
     said money or security or securities received in payment
     therefor shall be held by the said trustee and his successors in
     the trust, in such manner as the said Court of Common Pleas may
     approve or direct, for the same uses, intents, and purposes as
     are declared and appointed in respect to the said property and
     estate, in and by the said last will of the said William Lee or
     any conveyance or assurance thereof in trust for the said James
     and Alexander, or either of them, made by him the said William
     Lee in his lifetime: Provided, That said trustee shall give
     security, to be approved by the Court of Common Pleas of said
     county, for the faithful application of the proceeds of said
     sale or sales: And provided further, That the said court shall
     approve of said sale or sales.
        Section 11.  That the second section of an act entitled "An
     Act to establish a uniform line along the river Delaware in
     front of the incorporated district of the Northern Liberties and
     Kensington, in reference to county bridges and for other
     purposes, enumerated in the title to the same," approved the
     sixteenth day of April, one thousand eight hundred and forty-
     eight, whereby an action for work, labor, and service done and
     performed, and materials found and delivered in cases where
     bridges have been or may be erected for a county, and deviations
     from or alterations in the plan contracted for have been made by
     the directions of the county commissioners, and the
     commissioners and the builder cannot agree upon the
     compensation, be, and the same is hereby repealed: Provided,
     That the repeal of this act shall operate upon contracts,
     express or implied, made with the commissioners of Lehigh county
     alone.
        Section 12.  That the Court of Common Pleas of Schuylkill
     county shall have and exercise all the like chancery
     jurisdiction and powers that are conferred upon any other court
     of this Commonwealth; and in all cases an appeal may be taken to
     the Supreme Court for the Eastern District from the final
     decrees of the said court in suits of equity, on the same terms
     and conditions as are provided in cases of appeal from the
     decrees of the Court of Common Pleas of the city and county of
     Philadelphia.
        Section 13. That J. W. Rhoads and Jacob Alabach, of Luzerne
     county, Henry Boyer, junior, and Jacob S. Wallace, of Carbon
     county, and William B. Lebo, of Schuylkill county, be, and they
     are hereby appointed commissioners to run, mark, and establish
     the county lines between the counties of Carbon and Luzerne. The
     said commissioners shall be governed by the same law, in
     prosecuting their commission, as is laid down in the eleventh,
     twelfth, thirteenth, fourteenth, and fifteenth sections of an
     act entitled "An Act to incorporate the town of Port Clinton, in
     Schuylkill county, into a borough, to ascertain and fix the
     boundary line between the counties of Berks and Schuylkill, to a
     State road from Reading to Waynesburg, and to change the place
     of holding the general election in Douglas township, Berks
     county," approved the fifteenth day of April, Anno Domini, one
     thousand eight hundred and fifty, as far as consistent with the
     duties to be performed. The expense to be paid by the counties
     of Carbon and Luzerne, each paying one-half of the same.
        Section 14.  (14 repealed Apr. 28, 1978, P.L.202, No.53)
        Section 15. That the second section of an act passed the
     twenty-seventh day of February, Anno Domini, eighteen hundred
     and forty-nine, entitled "An Act declaratory of the act of
     Assembly, entitled An Act declaring obstructions to private
     roads to be a public nuisance, and for other purposes, &c.,
     &c.," shall only continue in force and be operative in the
     county of Northumberland until the first day of November next;
     and that after that time the road and bridge viewers and
     reviewers in said county shall be appointed under and in
     pursuance of the provisions of the act of thirteenth June,
     eighteen hundred and thirty-six, entitled "An Act relating to
     roads, highways, and bridges," and the other general road and
     bridge laws of this