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Subject to.

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Proviso.

Vacation of certain road.

ter township, John Eshleman, (miller,) John B. Kreiter and Henry K. Stoner, of West Lampeter township, and all in Lancaster county, are hereby appointed commissioners to open books, receive subscriptions and organize a company, by the name, style and title of the Conestoga and Big Spring Valley turnpike road company, with power to construct a turnpike road from the intersection of the Strasburg road, or Rockland street, with Vine street, in the city of Lancaster, to the branch road of the Willow Street turnpike company, at the Long lane, in Big Spring valley, West Lampeter township, Lancaster county, and at or near the residence of Christian Rohrer, by the following route: From Vine street, along and upon Rockland street, to the Conestoga creek, near Spencer and Boardman's cotton factory, with the right, between those points, to deviate from the present road and occupy other adjacent ground with the new one, wherever deemed necessary or expedient, and to use the present bridge over Conestoga creek, or cross the creek near it and erect a new bridge; from Conestoga creek to pursue the most eligible route, with respect to grade and direction, to Mill creek, which may be intersected at any chosen point, by the board of directors of the company, at or from the county bridge, near Stoner's, to between it and the grist mill of John Eshleman, on that stream; and to the end in view, the public roads leading to the selected junction may be used or avoided, wholly or in part, and other ground appropriated in lieu thereof, with the county bridge, near Stoner's, as may be determined at the location of the line from Mill creek to follow the most eligible course, in the aforesaid particulars, to the termination of the road, with power to locate the line on the public road now connecting the points, entirely or partially, or on other ground in the vicinity, as may be decided at the time; the parts of any of the old or present roads that the turnpike road may supersede and render useless for public accommodation, shall be deemed and adjudged vacated; and where they adjoin property set apart and used for the turnpike, shall be appraised separately by the persons legally appointed to value such property, and at the same time, and the valuation money thereof shall be received by the owner or owners of such premises on account of any damages awarded therefor; thereupon such owner or owners shall possess, in fee simple, the said vacated ground, so far as his or their premises adjoins the same, subject to all the provisions and restrictions of the act regulating turnpike and plank road companies, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the several supplements thereto.

SECTION 2. That the capital stock of said company shall consist of six hundred and forty shares, at twenty-five dollars per share: Provided, That said company may from time to time, by a vote of the majority of the stockholders, at a meeting called for that purpose, increase the capital stock so much as may be necessary, in their opinion, to carry out the true intent and meaning of this act.

SECTION 3. That whenever said company shall have finished their road from its aforesaid beginning to Conestoga creek, the road westward of, and nearly parallel with Rockland street,

K

branching from and intersecting the same between those points,
shall be deemed and adjudged vacated, and the bed or soil
thereof shall vest in the adjoining landholders equally; and
the company shall have power to erect a gate or gates, and re- Power to receive
ceive tolls, agreeably to the conditions and restrictions of sec-
tions twelve and thirteen of the said act relating to turnpike

tolls.

and plank road companies, and shall have the like privileges, Completion of on the same conditions, on the completion of their road to Mill road to Mill creek, or across the same.

creek.

struction.

SECTION 4. That if said company shall not commence the Limitations and construction of their road within two years, and complete the conditions of consame from its beginning to Conestoga creek, in three years. from the passage of this act, the same shall be null and void; and if finished within the time to Conestoga creek, and not thence to Mill creek, within five years from the passage of the act, it shall be void as to the route between the Conestoga and the termination; and if finished to Mill creek within the period prescribed, the act as to the remainder of the route, shall be null and void, if the said remainder should not be completed within eight years from the passage of this act, except in either event so far as the same may be necessary to settle up the affairs and pay the debts of the company.

SECTION 5. That all of the act yet existing, entitled "An Act Repeal. to incorporate the Conestoga and Beaver Valley turnpike road company," approved March twenty-seventh, one thousand eight hundred and fifty-five, and its subsequent supplements, be and the same are hereby repealed.

Speaker of the House of Representatives pro tem.

JOHN J. PATTERSON,

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 311.

AN ACT

To vacate a State Road in Clinton county, between Lamar and Allison townships.

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 state road from George Brumgart's farm, in Lamar township, Clinton county, to Bald Eagle creek, in Allison township,

is hereby vacated, and all laws authorizing the location and opening of the said road from the farm of said Brumgart to Bald Eagle are hereby repealed.

JOHN J. PATTERSON,

Speaker of the House of Representatives pro tem.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 312.

AN ACT

For the relief of William Griffith, a Soldier of the Indian Wars.

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 state treasurer be and he is hereby authorized and directed to pay William Griffith, of Drumore township, Lancaster county, a soldier of the Indian wars, or to his order, a gratuity of forty dollars, and an annuity of forty dollars, during the term of his natural life, commencing on the first day of January, one thousand eight hundred and sixty-one, and payable half yearly there after, on the first days of January and July.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The seventeenth day of April, Anno Domini one

thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 313.

A SUPPLEMENT

To an act directing the manner of Serving Writs of Summons in certain cases in the county of Mercer, approved the tenth day of April, one thousand eight hundred and forty-nine.

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 all and singular the provisions of an act directing the manner of serving writs of summons, in certain cases, in the county of Mercer, approved the tenth day of April, one thousand eight hundred and forty-nine, be and the same are hereby extended to railroad and canal companies doing business in the said county; and that the service of any writ of summons upon any clerk, agent, superintendent or manager, of any of the said railroad or canal companies, in the manner provided for in the said act, shall be held and deemed a good and valid service upon the said company.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED The seventeenth day of April, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 314.

AN ACT

For the preservation of Fish in Middle Fork of Ten Mile creek, in the county of Washington.

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 for the period of five years from the passage of this act, it shall not be lawful for any person or persons to take or catch fish with seine or scoop nets in the waters of Middle Fork of Ten Mile creek, from the head of the same to mill dam of Stephen Ullery, on said creek, under penalty of ten dollars; one-half

thereof to go to the informant, and the other to the school of the district in which the offence is committed.

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APPROVED-The seventeenth day of April, Anno Domin one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 315.

AN ACT

To incorporate the Tidioute Bridge 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 Commissioners. Joseph Green, Carlton B. Curtis, William S. Cohell, Jonathan

Subscriptions.

Incorporation.

Name.

Privileges.

May purchase lands.

Linz and William H. Scott, of Warren county, be and they are hereby created commissioners authorized to receive subscriptions to the capital stock hereby created, at such times and places as a majority of them may direct, on giving such notice of the time and place as they may deem proper, when and where the subscriptions will be received; and at the time of subscribing for said stock, such sum as may be agreed upon before subscribing for such stock, shall be paid to the commissioners, or some one of them; which money shall be paid over to the treasurer of said company, as soon as one is appointed; and the residue of said subscriptions shall be paid in such instalments, and at such times and places, and to such persons as the president and managers of the company may direct.

SECTION 2. When one hundred shares are subscribed, the persons holding the same are hereby created and incorporated into a company, by the name and title of the Tidioute bridge company, and by that name those who have subscribed, and those that may hereafter subscribe, shall have perpetual succession, with all privileges and franchises incident to a corporation, and shall be capable of taking and holding their capital stock and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper, if such enlargement shall be found necessary to build the bridge, or fulfil the intent of this act, and of purchasing and holding, to them and their successors,

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