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Certain debts to be paid off.

against all persons except mortgagees, vendees, or execution creditors before the date of such mortgage, the same shall be held good and valid, and the property so authorized to be mort gaged or transferred may remain and continue to be used on the road of the company, or on any other road, subject to such mortgage or transfer, without in any wise impairing the force or validity thereof: Provided, That all debts against the said company for ties, wood, or other material furnished, or damages ascertained, or labor performed, along the line of the road of the said company, shall be paid in full, or satisfactorily secured to the creditor, up to the date of the creation of the first mort gage or trust under this act; otherwise the said mortgage or trust shall have no validity as against the said claims of the said creditors; and that it shall be the duty of the trustee to see that the conditions have been complied with before accepting the trust, and to endorse on each bond so issued under this mortgage the fact of such fulfilment: Provided also, That every such mortgage or transfer shall be signed by the president, and sealed with the seal of the company, and acknowledged and recorded as hereinafter directed: And provided further, That every locomotive, tender, car, and each separate piece of such Mortgage proper- rolling stock, shall when mortgaged or transferred as aforesaid, have distinctly painted thereon in some conspicuous place and in letters not less than two inches in length, the word "mort gaged," together with the date of the instrument under which the same is so mortgaged or transferred.

ty to be marked.

Must be acknow

ded.

SECTION 2. That every such mortgage or transfer as aforesaid, ledged and recor shall be first duly acknowledged or proved in manner as directed by the existing laws of this commonwealth providing for the acknowledgment of mortgages of real property made by corporations, and recorded within twenty days after the execution thereof, in the office of the recorder of deeds of each county wherein the railroad of the said company may pass; and a copy of the record of every such mortgage or transfer, certified by such recorder, shall be held to be as good evidence, and as valid and effectual in law, as the original mortgage or transfer.

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

WM. M. PIATT,

Speaker of the Senate.

APPROVED-The second day of April, Anno Domini one thou

sand eight hundred and fifty-six.

JAMES POLLOCK.

No. 238.

AN ACT

To repeal an act relative to the Coroners of Berks and Lancaster countics, as far as the same relates to Berks county.

SECTION 1. Be it enacted by the Senate and House of Represenlatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the act, entitled "An Act relative to the coroners of Berks and Lancaster counties," approved the eighth day of February, one thousand eight hundred and forty-eight, be and the same is hereby repealed, as far as the said act relates to Berks county. RICHARDSON L. WRIGHT, Speaker of the House of Representatives.

WM. M. PIATT,

Speaker of the Senate.

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

JAMES POLLOCK.

No. 239.

AN ACT

Relative to Service of Process.

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 where any person or persons, not being residents of this commonwealth, shall engage in business in any county within this. commonwealth, and not being in the county at the time of the issuing of any writ or process against such person or persons, it shall be lawful for the officer charged with the service thereof, to serve any writ of summons, or any other mesne process, in like manner as summons are served upon the agent or clerk of such defendant or defendants at the usual place of business, or residence of such agent or clerk, with the same effect as if served upon the principal or principals personally: Provided, That before final judgment is entered in any case under this act, actual notice in writing shall be given to the party defendant of such action, and the nature thereof; proof of which notice shall be made by the production of a copy of such notice, and the oath or affirmation of the plaintiff, or other person, to the service

be pending.

thereof, to the magistrate or court before which such action may

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

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

JAMES POLLOCK.

Corporators.

Style.

Subject to.

First directors.

Capital.

leges.

No. 240.

AN ACT

To incorporate the Girard 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 Simon Arnold, William Atwater, L. Abbot, William Weaver, John Rosser and Jesse M'Clure, and their successors, are hereby incorporated into a body politic and corporate, by the name, style and title of "The Girard railroad company ;" and under said name, style and title, shall have all the rights, powers, privileges and franchises, and be subject to all the restrictions and provisions contained in the act of assembly, passed the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine, entitled "An Act regulating railroad companies," save and except in so far as the same is altered and supplied by this present act.

SECTION 2. That the persons herein before named shall constitute the first directors of the said railroad company, and shall continue in office until the second Monday in January, one thousand eight hundred and fifty-seven, and until their successors be elected.

SECTION 3. That the capital stock of the said company shall consist of two millions of dollars, which shall be divided into shares of fifty dollars each.

SECTION 4. That the said company shall have power and Powers and privi- authority to purchase that part of the Philadelphia and Sunbury railroad which lies east of the summit of the Locust mountain, and re-lay the road already graded, and extend and connect the same with the Philadelphia and Sunbury railroad on the west, and with the Mill Creek or Mount Carbon road on the east; and shall have authority to issue stock of the said company in payment of the same, to the individual owners of said road; and also, to receive subscriptions from individuals to the capital stock, in such manner as the directors shall esteem best for the interests of the said railroad company.

May borrow money.

SECTION 5. That the corporation constituted by this act, or the board of directors of the same, shall be authorized to borrow

ch sums of money not exceeding in all one million of dollars, any rate of interest not exceeding twelve per cent. per annum, ich may be deemed expedient; and to make the principal of e said loan or loans convertible, at the option of the holders, to stock of the company, on such terms as may be agreed on, to make the interest and principal of said loan or loans, yable at such time or times as may be deemed advisable; and r the security of the said loan or loans, execute a deed of trust mortgage on the railroad, and all other real property of the mpany in possession, or to be acquired; and all corporate hts and privileges in the event of a sale under such a deed trust or mortgage, all of the property of the company con- Execute mortyed in the said deed of trust or mortgage, and the corporate gage. ghts and privileges of the company, shall pass to the purchaser purchasers free of all incumbrance on account of any lien or bility subsequent to the execution of said deed of trust or ortgage, and be vested in him or them: Provided, That said ed of trust or mortgage be put on record, as other deeds are corded, within thirty days after the execution thereof.

SECTION 6. That the first section of the act of second April, May buy part of
he thousand eight hundred and fifty, entitled "An Act to a certain railroad
nend an act supplementary to an act, entitled 'An Act to incor-
orate the Danville and Pottsville railroad company,'
'" shall be
> construed as to authorize the Philadelphia and Sunbury rail-
oad company to sell and convey, in fee simple, that portion of
he said railroad, and other real property of the said company,
s lies east of the summit of the Locust mountain; and it is
ereby declared that the power to sell, shall embrace such
ortion of the said road and property.

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

WM. M. PIATT,

Speaker of the Senate.

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

JAMES POLLOCK.

No. 241.

AN ACT

Relative to the North Pennsylvania Coal 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

it shall be lawful for the president and directors of the North Affairs to be setPennsylvania coal company to convene a special meeting of the tled up. stockholders of said company, at such time and place in the

city of Philadelphia as they may designate, for the purpose of considering and adopting measures for the sale and transfer of

pointed.

the estates and stocks of said company, and for the liquidation of its affairs; ten days' notice of said meeting to be given by publication in two newspapers in the city of Philadelphia, and by letter addressed to each stockholder at his last known place of residence.

SECTION 2. That it shall be lawful for the majority of said Agents to be ap- stockholders, convened as aforesaid, to appoint one or more suitable agents, to sell, convey, assign and transfer any and all of the stocks and estates, real, personal and mixed, held by said company, either by private or public sale, at such prices, and on such conditions, as the said majority of stockholders may prescribe; to receive the proceeds thereof to pay the debts of said company; and to divide the assets which may remain after payment of debts and expenses, among all the stockholders, in such proportions as they shall be entitled to receive the same; and generally to liquidate and close the affairs of said company, in such manner as shall be most beneficial to the stockholders.

Authority to be given to agents.

Agents to give bond.

SECTION 3. That to enable the said agent or agents to convey valid titles to the real estate of said company, a power of attor ney shall be executed to him or them, by the president of said company, under the corporate seal thereof, giving full power to act in the premises; and all contracts and deeds made in purauance thereof, shall be effectual in law for passing and vesting the title of said company, as fully and absolutely as they now hold the same.

SECTION 4. That before the agent or agents herein before provided for, shall enter upon the duties of their appointment, he or they shall execute a bond or bonds to said company, in such amount, and with such sureties, as the president and directors shall approve, conditioned for the faithful execution of the trust, and the payment over of all moneys according to law. Nothing herein contained shall impair the effect of any lien now existing, or hereafter to be entered against the property of said company. RICHARDSON L. WRIGHT,

Speaker of the House of Representatives.

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

JAMES POLLOCK.

No. 242.

AN ACT

To change the Venue in a certain case from Fulton to Franklin county.

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 a certain issue joined in the court of common pleas of Fulton

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