SECTION 7. That the directors of the said company may Capital may increase the capital stock by an amount not exceeding four be increased, thousand shares, if they find it necessary to complete the works which they are authorized by law to construct, and may proceed to dispose of such stock as they shall deem most advantageous to the company. LEWIS DEWART, Speaker of the House of Representatives. Speaker of the Senate. APPROVED The twenty-fourth day of February, Anno Domini, one thousand eight hundred and thirty-seven. JOS: RITNER. No. 21. An Act To vest in Edward H. Brien and Sarah B. Rogers, wife of Henry WHEREAS, a certain Henry Cassel, to secure the payment of a debt of eight thousand five hundred dollars, due and owing by the said Henry to Edward Brien, late of the county of Lancaster, deceased, executed a mortgage to him, the said Edward Brien, during his life time, to wit: on the fifth day of April, eighteen hundred and sixteen, upon certain real estate, situate in Donegal township, Lancaster county: And whereas, after the decease of the said Edward Brien, his executors, John Brien, Henry Brien, Adam Reigart and James Wright, Esquires, issued a scire facias upon the said mortgage, to November term, eighteen hundred and nineteen, of the court of Common Pleas of Lancaster county, and upon the twenty-second day of November, eighteen hundred and nineteen, judgment was obtained: And whereas, upon an alias writ of levari facias, to April term, eighteen hundred and twenty-two, No., seventy-one, issued by the said executors, to sell the said mortgaged premises, the said property, on being exposed to sale, was bought in by the said executors, for the use and benefit of the heirs and legal representatives of the said Edward Brien, deceased, and the deed for the same was made by the sheriff of Lancaster county to John Brien, one of the executors of the said Edward Brien, deceased: And whereas, the said sheriff's deed for the said mortgaged premises, contains no declaration of trust, and the said grantee, John Brien, has since died, without having made any conveyance to the heirs of the said Edward Brien of the said property, pursuance of the use aforesaid; Therefore, in 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 title of, in and to the following tract of land, described in the said mortgage thus: "All that certain piece or parcel of land, situate and being in the township of Donegal, Lancaster county, aforesaid, bounded and limited as follows, viz beginning at a post on an alley, and the line now or late of David Cooke's land, thence along the same north thirty-one degrees east to a post, thence along the lands of John Groh, south fifty-seven degrees seventy-three perches to a black oak, thence along the lands of Andrew Hershey, south thirty-six degrees east seventy-eight perches to a hickory, and south fifty-four degrees west to the aforementioned alley, (which runs along the north end of the lots laid out by Jacob Grosh,) thence along said alley to the place of begin. ning, containing about one hundred and fourteen acres of land, be the same more or less," be, and the same is hereby vested in Edward H. Brien and Sarah B. Rogers, (formerly Sarah B. Brien, now married to Henry Rogers,) surviving children and devisees of Edward Brien, deceased, their, and each of their heirs and assigns forever, to have and to hold the same to the said Edward H. Brien and Sarah B. Rogers, their heirs and assigns forever, as and for the same estate which the said Henry Cassel had and held therein, and as if the sheriff's deed for, the same had been made to the said Edward H. Brien and Sarah B. Rogers, and not to the said John Brien: Provided, That nothing herein contained shall be construed to impair the right or title of any other person or persons. LEWIS DEWART, Speaker of the House of Representatives. Speaker of the Senate.. APPROVED The twenty-fourth day of February, Anno Domini, eighteen hundred and thirty-seven. JOS: RITNER. No. 22. An Act For the temporary disposition of the portion of the Surplus Revenue of the United States to be deposited with Pennsylvania. 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 amount of Surplus Revenue accruing to the state of Pennsylvania, under the act of Congress passed the twenty-third day of June last, shall be deposited as is hereafter provided, viz: So much of the same as is now in the Girard bank, the Moyamensing bank, and the Merchant's and Manufacturer's Bank of Pittsburg, shall remain therein, and so much as under the said act shall hereafter be Rate of inte- paid to this State, shall be deposited in the Bank of Pennrest to be paid sylvania and the Philadelphia bank, in proportion to their by the Bank of Pennsyl- respective capitals actually paid in: Provided, Said Bank of vania & Phi-Pennsylvania and Philadelphia bank agree to pay interest at ladelphia the rate of six per cent. per annum for the same, said banks agreeing safely to keep said money until the Treasurer, under authority of law, shall require the repayment of the whole or any part thereof: Provided, That the said Girard, Moyamensing and Merchant's and Manufacturer's banks, shall agree to pay to the commonwealth interest on the rest to be paid amount heretofore deposited by the commonwealth, from the by the Gi- day of the deposite, at the rate of five per cent. per annum, rard, Moya-said banks agreeing safely to keep said money until the mensing and Treasurer, under authority of law, shall require the re-payand Mannfac-ment of the whole or any part thereof: And provided further, turer's Bank. That nothing in this act contained shall authorize the depos bank. Rate of inte Merchant's Proviso. ite or remaining of said money in either of the said banks, unless the directors of such bank shall formally express their assent to the terms and provisions of this act, and shall inform the State Treasurer of such assent, within ten days after its passage: And provided further, That the amount drawn from the said banks shall be in proportion to the 2d Proviso. amount of money deposited therein: And provided further, That nothing in this act contained shall prevent the Merchant's and Manufacturer's Bank of Pittsburg from retaining so much of any future instalment of the Surplus Revenue as may be paid to the state by drafts on said bank, if the directors of said bank shall signify their willingness, in manner hereinbefore directed, to retain the same, on the same terms by this act prescribed for the Bank of Pennsylvania and Philadelphia bank. SECTION 2. That before the said money, or any part thereof, shall be demanded from said banks, thirty days notice of Notice. the time when said sum or sums are to be paid by the said banks shall be given, and interest shall cease on such sum so demanded, five days previous to the time fixed for repay ment. SECTION 3. That in case the Girard bank, the Moyamensing bank, and the Merchant's and Manufacturer's Bank of Pittsburg, or either of them, shall not signify their willingness to retain the sums now deposited with them, or either of them, in the manner and within the time hereinbefore directed, then it shall be the duty of the State Treasurer to transfer the sums now deposited with the bank or banks so omitting to signify their assent, to the Bank of Pennsylvania and the Philadelphia bank, in the same proportion, and subJect to the same conditions and interest as are prescribed by this act in relation to the sums directed to be deposited with the Bank of Pennsylvania and the Philadelphia bank. Duty of State SECTION 4. The moneys arising from the payment of the Interest interest by the banks designated in the foregoing sections of to be applied this act, on the public money thus held by them on deposite, to Common shall, and the same is hereby ordered to be applied to the fund School fund, for the support of common schools within this commonwealth. LEWIS DEWART, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The twenty-seventh day of February, Anno Domini, one thousand eight hundred and thirty-seven. JOS: RITNER. No. 23. An Act To unite the Wrightsville and York Railroad, and the Wrightsville and Gettysburg Railroad companies into one company, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in Gen united. eral Assembly met, and it is hereby enacted by the authority of the same, That if the respective companies assent thereto, and certify such assent to the Governor, under their corpoCompanies rate seals, on or before the fifteenth day of April next, then the Wrightsville and Gettysburg Railroad company, and the Wrightsville and York Railroad company, shall be united and become one company, under the title, style and name of the Wrightsville, York and Gettysburg Railroad company, with the following rights, powers and immunities. Powers, Capital stock. Both compa SECTION 2. The stockholders of both the aforesaid companies shall be deemed to have been, and are hereby incorporated under the charter of the Wrightsville and York Railroad company, and entitled to all the privileges, and subject to all the liabilities of the act under which said charter was obtained, entitled "A supplement to an act entitled An act authorizing the Governor to incorporate the Strasburg Railroad, the Williamsport and Elmira Railroad, the Marietta and Columbia Railroad, and relative to the Cumberland Valley Railroad, and the Wrightsville, York and Gettysburg Railroad," and the said last mentioned act shall be in full force, and govern the operations and powers of the companies hereby united, except so far as the same is altered or repealed by this act. SECTION 3. The capital stock of the company shall be twenty thousand shares, of fifty dollars each, with power to increase the same to thirty thousand shares. SECTION 4. The stockholders of both the companies hereby united, shall be stockholders in this company, and bound to pay the amounts by them respectively subscribed, as they would have been in the original companies if this act had not nies bound. been passed; any suit brought, or which may hereafter be brought, in, the name of either of the original companies, shall not abate by reason of the passage of this act, but shall be prosecuted to final judgment, in the same manner as if this act had not been passed. SECTION 5. The Wrightsville, York and Gettysburg Railroad company are authorized and required, within four Four years years, to locate and construct a railway, with single or douallowed for ble tracks, from the railroad belonging to the commonwealth, locating and at or near the west end of the Columbia bridge, in the constructing borough of Wrightsville, through York, to unite with the the railway. Gettysburg extension of the Philadelphia and Columbia Railroad at Gettysburg, to be of the same width as the Philadelphia and Columbia Railroad, and its intersection with the state railroads is hereby authorized. SECTION 6. The road shall be so constructed as to allow the locomotive engines and cars used on the Philadelphia |