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court be satisfied reasonable notice was given of the same; nor for the non-payment of the first instalment on any stock, but the said stock subscribed for in good faith may be recovered. although the first payment was not made at the time required by law, or other irregularities in its organization; and the char ter of such companies shall be valid, good and effectual, to all intents and purposes, notwithstanding said irregularities. RICHARDSON L. WRIGHT, Speaker of the House of Representatives.

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APPROVED-The seventeenth day of March, Anno Dominione thousand eight hundred and fifty-six.

JAMES POLLOCK.

Commissioners.

Style

Subject to

Capital

leges.

No. 152.

AN ACT

To incorporate the Buffalo and Bradford Railroad Company.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Daniel Kingsbury, Sabinus Walker, Sylvanus Holmes, Samuel Conklin, Samuel L Casey, Abram K. Johnson, Elihu J. Baldwin, and Watson A. Fox, 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 Buffalo and Bradford railroad company," with all the powers, and subject to all the provisions and restrictions prescribed by an act, entitled "An Act regulating railroad com panies," approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine.

SECTION 2. That the capital stock of said company shall consist of two thousand shares, at one hundred dollars each: Provided, That said company may, from time to time, by a vote of the stockholders, at a meeting called for that purpose, in crease their capital stock so much as in their opinion may be necessary to complete said road, and to carry out the true intent and meaning of this act.

SECTION 3. That said company shall have the privilege and Route and privi right to build or construct a railroad from the state line, in the valley of the Tunungwant, in the county of M'Kean, up said valley, by such route or routes as to the president and directors shall seem best, to the coal mines in the township of Lafayette, in said county of M'Kean, with the privilege of constructing such lateral roads, not exceeding ten miles in length respectively, or branches in the counties of M'Kean, Elk and Clearfield, as they may deem useful for the transportation of the productions of said counties, and to intersect with the Sunbury and

Erie, and the Allegheny Valley railroads, in said counties; said road to be commenced within two, and completed within ten

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To provide for the Management of the Estate of Daniel Ebert, of the county of York.

WHEREAS, Daniel Ebert, a citizen and resident of the borough of York, in the county of York, in this commonwealth, left his place of residence on the fourth day of April, Anno Domini one thousand eight hundred and fifty-five, to go to the city of Baltimore, and while in that city left the inn at which he had taken lodgings and has not since been heard of, nor has the most diligent inquiry succeeded in ascertaining his fate or discovering whether he be living or dead:

And whereas, The said Daniel Ebert was possessed of some personal property, and seized of valuable real estate, part of which had been by him leased to a tenant for years:

And whereas, The said Daniel Ebert was also indebted in a large amount by mortgage for trust funds and by other evidences of indebtedness:

And whereas, There is no one legally authorized to take charge of the estate of the said Daniel Ebert, to provide for the payment of his debts, or to rent, sell or otherwise dispose of his property, and there is no power vested in the courts of this commonwealth to provide for the proper management of the said estate; therefore,

Preamble.

Trustee appoint

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 Jacob Hantz, of the borough of York, in the county of York, ed. and state of Pennsylvania, be and he is hereby appointed trustee of the estate of the said Daniel Ebert, and as such trustee is hereby authorized and empowered to sell so much of the personal and real estate of said Daniel Ebert, in such manner and His powers. in such parcels and divisions as shall be most advantageous and produce the highest prices, as may be necessary to pay the debts of the said Daniel Ebert: Provided, That the farm of said Daniel Ebert, in the township of West Manchester, shall be

reserved until the last, and shall not be sold, unless the debts cannot otherwise be paid; and also to lease such parts of the real estate as shall remain, and give such notice to any present tenant of such real estate to surrender possession thereof as is now by law required, which notice shall be as effectual, to all intents and purposes, as though the same were given by the said Daniel Ebert; and also, out of the funds received by him, the said Jacob Hantz to pay the debts of the said Daniel Ebert, and generally to have such charge, control and power of disposing of the estate of the said Daniel Ebert, as shall be necessary to accomplish the above recited objects, and preserve said estate most effectually and beneficially for the use of the wife and children of the said Daniel Ebert.

SECTION 2. That all deeds and conveyances of real estate and Deeds by trustee. sales of personal property made, executed and delivered by the said trustee, shall transfer the whole title thereto to the purchaser, discharged of dower or any other lien or incumbrance whatever.

Trustee to give bond.

SECTION 3. That before entering upon the discharge of the trust created by this act, the said Jacob Hantz shall give bond, with security to be approved by the court of common pleas of York county, in the sum of eight thousand dollars, and shall, at the end of one year after such bond shall have been approved, file an account of his proceedings in said court, which shall be open to examination and exception, and shall be confirmed by said court, according to the rules thereof in the cases of accounts by assignees, under deeds of voluntary assignment And file accounts for the benefit of creditors, and shall also thereafter file such further accounts in said court, as said court shall, after petition by any person interested in the estate of said Daniel Ebert, require; and said trustee shall be compensated for his services according to the rules established by law for making compensation to other trustees in this commonwealth.

Allowance to Mrs.
Ebert.

Continuance of trust.

SECTION 4. That after the debts of the said Daniel Ebert shall have been paid, so much of the clear yearly revenue or income of his remaining estate as shall be necessary for her comfortable support, shall be annually paid to the wife of the said Daniel Ebert, and she shall also be entitled to retain three hundred dollars worth of personal property, if so much there be, and if not, the remainder of the three hundred dollars shall be paid to her out of any other funds which shall come into the hands of the trustee, either as surplus proceeds of sales of real estate, or from the income of unsold property, which shall be appraised for, and left with her, as is provided in the case of the widow or children of a decedent, by the fifth section of the act of April fourteenth, one thousand eight hundred and fiftyone, entitled "An Act relating to the commencement of actions," et cetera.

SECTION 5. That the trust hereby created shall continue until the return to his usual place of abode of the said Daniel Ebert, or until the presumption that he is dead shall have been raised by the lapse of seven years since he was last heard from, or until proof of his death shall have been duly made; that on the happening of either such event, the said trustee shall file a final account in the court aforesaid; and should the said Daniel Ebert return, as aforesaid, shall pay over to him the remainder of funds in his hands, and the said Daniel Ebert shall thenceforth be fully repossessed of all his remaining estate; but

hould said presumption be raised, or proof of death be estabished as aforesaid, then the said trustee shall pay over the emainder of funds in his hands, to such person or persons as hall then take out letters of administration on the estate of the aid Daniel Ebert, according to the laws of this commonwealth; nd the real estate remaining unconverted, if any, shall descend s in cases of intestacy.

Appointment of

SECTION 6. That the court of common pleas of the county of
Work shall have power to appoint a new trustee under this act, trustee.
whenever a vacancy shall arise by death, resignation, discharge
r any other cause or event; and the said court shall have all
he jurisdiction over the removal and appointment of trustees
nder this act, as the courts of common pleas in this common-
wealth possess in the cases of other trustees.

SECTION 7. That in every case of an execution which may Executions to be
ave been, or may hereafter be issued against the said Daniel stayed.
bert, the court of common pleas of York county shall stay all
proceedings thereon, until the trustee appointed by this act shall
ave sold the property of said Daniel Ebert, as has been herein-
before provided; and said trustee shall report all sales made by
aim of such real estate, to said court, when it shall be next in.
ession after such sales shall have been made, and no such sales
hall be valid and effectual, until they shall have been confirmed
y said court; and the wife, or any of the children or creditors
of said Daniel Ebert, shall have a right to object to the confir-
nation of such sales, as in the cases of sales made by executors
or administrators under the direction of the orphans' court.

SECTION 8. That the said trustee shall invest and re-invest Investments by from time to time all moneys coming to, or remaining in his trustee bands, arising from the sales of property of said Daniel Ebert, or from the rents or other income of his estate after the debts shall have been paid, and the other provisions of the preceding sections of this act shall have been complied with, in real estate securities, or the public debt of the United States, or of this commonwealth.

SECTION 9. That said trustee shall also have power to apply Repairs by trussuch parts or portions of the rents or income of said Daniel tee. Ebert's real estate as may be necessary for the purpose, after his debts shall have been paid as aforesaid, to the making of such repairs in the buildings, fences and enclosures of the remaining real estate, as may be necessary to render it profitable, and to preserve such buildings, fences and enclosures from diapidation and decay.

SECTION 10. That the said trustee shall have power, if it be Trustee may
deemed by him to be most beneficial to the parties in interest, mortgage realty.
mortgage any part of the real estate of said Daniel Ebert, in
order to raise money for the payment of his debts, and that
upon the approval of the said mortgage by the court of common
pleas of York county it shall have the same effect as if exe-
ruted by the said Daniel Ebert.

RICHARDSON L. WRIGHT,
Speaker of the House of Representatives.

WM. M. PIATT,

Speaker of the Senate.

APPROVED-The seventeenth day of March, Anno Domini one

thousand eight hundred and fifty-six.

JAMES POLLOCK.

No. 154.

A SUPPLEMENT

To the act incorporating the borough of Bloomfield.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That all elections for municipal officers of the borough of Bloomfield, Perry county, shall be opened between the hours of eight and ten o'clock in the forenoon, and shall continue without interruption or adjournment until seven o'clock in the evening of the day appointed for holding said elections, when the polls shall be closed; anything in the act of incorporation of said borough to the contrary notwithstanding.

RICHARDSON L. WRIGHT, Speaker of the House of Representatives.

WM. M. PIATT,

Speaker of the Senate.

APPROVED-The eighteenth day of March, Anno Domini one thousand eight hundred and fifty-six.

JAMES POLLOCK.

No. 155.

AN ACT

Authorizing the Washington and Pittsburg Turnpike Road Company, by its sequestrator, to transfer certain portions of said road.

WHEREAS, The Washington and Pittsburg turnpike road company has for some years past abandoned their road, and having no board of directors, none having been elected for a long time, the corporation owes a debt of thirty thousand dollars, and the road is in bad order and greatly dilapidated, and now is in the hands of a sequestrator, it is desirable to place some portions of said road under authority likely to keep it in good order; therefore,

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the Washington and Pittsburg turnpike road company, by its sequestrator, Thomas Blackmore, Esq., is hereby authorized and empowered to transfer so much of said road belonging to said company as lies within the boroughs of South Pittsburg and West Pittsburg, between the Monongahela bridge and Jones'

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