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No. 176.

AN ACT

Relating to the farm of the heirs of Adams Cambells.

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 tract or piece of land belonging to the heirs of Adams Cambells, situate in the borough of Carlisle, and county of Cumberland, and containing about fifty-six acres and fifty-nine perches, and which is divided from the residue of their farm of two hundred acres by the line of the said borough, be and the same is hereby made a part of the township of South Middleton, in which the main part of said farm is, and shall hereby be assessed, rated and taxed as a part of the said farm in the said township of South Middleton, and not in or as a part of the said borough; and from and after the passage of this act, all the rights, jurisdiction and authority of said borough, in, to and over the said tract, shall cease and determine: Provided, That the remedy for the collection of all taxes and liens of every description, to which said tract was heretofore made subject, shall continue and be the same as if this act had not been passed.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The twentieth day of March, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 177.

AN ACT

Authorizing the sale of certain school houses in Lebanon, Montgomery and Westmoreland counties.

SECTION 1. Be it enacted by the Senate and House of RepresentaTo convey in fee tives of the Commonwealth of Pennsylvania in General Assembly simple a certain met, and it is hereby enacted by the authority of the same, That school house and lot of ground John Killinger and Henry Fisher, be and they are hereby authorized to situate in Ann- sell and convey, in fee simple, the school house and lot of ground thereunto belonging, with the appurtenances, situate in the town of

ville.

Annville, and held by the trustees for the use and benefit of the Evan- Application of gelical Lutheran and German Reformed congregation of said town; the proceeds of sale. proceeds of such sale to be applied to the payment of the debts of said congregations of the town aforesaid.

SECTION 2. That Samuel Bossort, Christian Tranger and John Trustees to sell a Bossort, who hold in trust a certain lot or parcel of land with a school certain school house and lot of house erected thereon, known by the name of "Walton school house,' ground in Mount situate in Mount Pleasant township, in the county of Westmoreland. Pleasant towncontaining two acres more or less, adjoining lands of William M'Mil- ship, Westmorelin, Samuel Bossort and John Walton's heirs, be and they are hereby land county. authorized to sell at public sale, the aforesaid premises, and to make to the purchaser a deed in fee simple for the same, free from the trust; and the moneys arising from such sale, after deducting the necessary expenses and charges of the said trustees, to be appropriated as follows:

one-half thereof to the exclusive use of the school district in Mount Appropriation of Pleasant township, known as Jack's school house, and the other half moneys. to the exclusive use of the school district in Unity township, known as Pashey's school house; the proceeds of the said sale to be paid by the said trustees to the school directors of Mount Pleasant and Unity townships, in the proportions above stated, to be expended in the said school districts, in the manner that the other moneys raised for school purposes are expended; the court of common pleas of Westmoreland county shall have power, on the petition of any one interested, to determine any question of dispute which may arise under this act.

Trustees author

ized to sell a certain school house

SECTION 3. That Abraham Groff, John Triesbach, Jacob Schwench, Jesse Cresman, Joseph Fisher, Noah Unstead, John Keck and Jacob Tyson, trustees of the school house and lot, situate in the village of Zieglersville, Frederick township, in the county of Montgomery, bounded and lot of ground by lands of Jacob Quillman, Peter Streeper and others, are hereby au- situate in Zieglerthorized and empowered, either to sell said school house and lot, with ville, Montgomthe appurtenances, and convey the same by proper deed or deeds, to ery county. the purchaser or purchasers, in fee simple, or to convey the said school house and lot, by deed in fee simple, to any person who will convey to the said trustees, in exchange therefor, in fee simple, another lot of ground suitable for the erection of a school house thereon; and if such

sale be made by the trustees, the proceeds thereof shall be applied by Application of said trustees, towards the purchase of another lot of ground, and the proceeds of sale. erection of a school house thereon, or the money, if any received upon such exchange being made, shall be applied towards the erection of a school house upon the lot so received in exchange by said trustees: Provided, That the said trustees shall hold the lot so purchased or Proviso, exchanged for, and the school house thereon to be erected, in the same manner, and for the same purposes as the present school house and lot in said village have been heretofore held; and that the lot so purchased or exchanged for, shall not be more than one-fourth of a mile from said village of Zieglersville.

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APPROVED-The twentieth day of March, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 178.

A SUPPLEMENT

To an act, entitled "An Act for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn," passed the fifth day of March, Anno Domini one thousand eight hundred and twenty-eight.

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 the eighteenth section of the act, entitled "An Act for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn," passed the fifth day of March, Anno Domini one thousand eight hundred and twenty-eight, as makes it lawful for the mayor or recorder of the city of Philadelphia, or any alderman or justice to require every master or commander of any ship or vessel, arriving at the port of Philadelphia, from any place out of the United States, to pay to the guardians for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn, the sum of two dollars and fifty cents for each passenger, not being a citizen of the United States, brought by the said ship or vessel into the port of Philadelphia; and so much of the said section as requires the payment of said money by the master or commander of any such ship or vessel to the said guardians, be and the same is hereby repealed: Provided, That nothing herein contained shall be so construed as to repeal, or in any wise affect the right of the said mayor or recorder to require the master or commander of any such ship or vessel, to give a bond to the said guardians, to indemnify them and the inhabitants of the said city, districts and townships, as by the said section is directed, in the form and manner, and under the penalty therein specified; and in the place of such bond it shall and may be lawful for the said guardians, a: the request of the master or commander of any such ship or vessel, to accept such sum of money as they may deem sufficient to indemnify themselves and the inhabitants of said city, districts and townships.

SECTION 2. And be it further enacted by the authority aforesaid, That in addition to the remedies now provided by law, for the recovery of the penalties imposed by the seventeenth and eighteenth sections of the act to which this is a supplement, and which have been or may hereafter be incurred, an action of debt, in the name of the said guardians, may be brought therefor in any court, or before any magistrate having jurisdiction of the amount claimed against the master, and own. ers, and consignees, or any or either of them, of any ship or vessel now declared by the nineteenth section of the said act to be liable for any such penalties.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The twentieth day of March, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 179.

A FURTHER SUPPLEMENT

To the act incorporating the Monongahela navigation company.

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 from and after the passage of this act, all rafts, flats and flat-boats Rate of toll. descending the river, from any point more than three miles above Brownsville, and within the state of Pennsylvania, and not intending to return, shall not be subject to a higher toll than seventy-five cents per lock, including cargo, until the company shall complete the first dam above Brownsville: Provided, That no such craft shall take in Proviso. additional cargo on the line of the improvement, nor use, or lie by, in any of the harbors created by the improvement, for a period of more than ten days, without being subject to the payment of the regular tolls.

any

toll reduced.

SECTION 2. That the present rates of toll on coal shall be reduced by the company fifty per cent. on pools number three and four, on all Present rates of coal carried in flat-boats, intended to pass down the Ohio river; and in consideration thereof, the legislature shall not further reduce the tolls until the present indebtedness of the company shall have been fully paid, and a dividend of eight per cent. per annum, paid to the stockholders; and no reduction shall be made at any time, so as to afford a less dividend than eight per cent. per annum, on the capital stock: Provided, Proviso. That the terms of this act shall not be so construed as to affect or alter the provisions of the act passed in the year one thousand eight hundred and forty-eight, requiring the company to pay one-half the dividends, above ten per cent. per annum, into the treasury of the commonwealth. SECTION 3. That so much of any act or acts to which this is a supplement, as are hereby altered or amended, shall be and the same are hereby repealed.

SECTION 4. The legislature reserves the right to alter or amend the charter of said company, at any time hereafter, should they violate, abuse, or misuse the privileges granted, and such fact be previously found by the verdict of a jury and judgment of the proper court thereon, under a writ of scire facias, issued against them at the suit of any individual or individuals who may be aggrieved.

WILLIAM F. PACKER.

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The twenty-first day of March, A. D. one thousand

Repeal.

Reservation.

eight hundred and forty-nine.

WM. F. JOHNSTON.

Creditors may have the same power to obtain judgment, &c., against a corporation when charter has expired by limitation, as though the corpo

ration had not been dissolved.

Provisions of this act to apply to judgments heretofore obtained,

&c.

Proviso.

Judgments or awards rendered

No. 180.

AN ACT

To facilitate the collection of debts against corporations.

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 expiration of the charter of any incorporated company of this commonwealth, by limitation or otherwise, shall in no wise prejudice the rights of any creditor thereof, and any such creditor or creditors shall have full power to obtain judgment, and to proceed by execution in any form, for the collection of any debt against said corporation, with the like effect as though the said corporation had not been dissolved.

SECTION 2. That the provisions of this act shall apply to all cases of judgments heretofore obtained, and executions heretofore issued, which shall be held good and valid, as though the corporations respectively had been in existence when the same were obtained and issued: Provided, That in every such case, upon cause shewn, the court may stay the execution, open the judgment, and permit the defendant to make defence: Provided also, That the provisions of the foregoing sections shall only extend to the Norristown and Valley railroad company.

SECTION 3. That in all suits or actions hereafter to be brought in any court of record of this commonwealth, against any foreign corporation or body corporate, not holding its charter under the laws of this on suits or actions hereafter brought commonwealth, every judgment, verdict or award rendered against against any for- such corporation, shall be final and conclusive, unless the said defendeign corporation, ants, in addition to the usual proceedings in cases of appeal, shall give not holding its good and sufficient bail in the nature of bail absolute, for the payment charter under the of such sum or sums as shall finally be adjudged to be due to the plaintiff or plaintiffs, together with interest and costs thereon; and in the commencement of any suit or action against any such foreign corporation, conclusive unless, process may be served upon any officer, agent, or engineer of such corporation, either personally, or by copy, or by leaving a certified copy thereof at the office, depot, or usual place of business of said corporation; and such service shall be good and valid in law to all intents and purposes.

laws of this commonwealth,

to be final and

&c.

Certain action

SECTION 4. That a certain action at law now pending in the supreme now pending in court of the state of Pennsylvania, for the Eastern district of the said the supreme court state, brought to March term, one thousand eight hundred and fortyof this state, may six, being number sixty-four of the said term, wherein John Moorhead be removed to the and William Parsons are the plaintiffs, and the president, managers court of Lancas- and company of the Schuylkill navigation company, are the defend

ter county.

ants, may be removed and transferred to the court of common pleas of Lancaster county, to be there tried in the said court to which the said action may be so removed and transferred, as if it had been originally instituted in the said last mentioned court; and the record of the said action shall be certified from the said supreme court, to the said court of common pleas of Lancaster county, by the prothonotary of the said supreme court, upon direction being given in writing to that effect to the said prothonotary, by the said plaintiffs or defendants, or by

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