stockholder not resident within the borough of Brookville, shall be eligi- SECTION 4. That the president and managers, or any three of them, By-laws. Seal. Certificates of stock. SECTION 5. That the president and managers shall procure a common seal, and the certificates of stock, and other official acts, shall be authenticated by affixing the same; and the president and managers shall procure certificates for all the shares of the stock of the said company, and shall deliver one such certificate, signed by the president, countersigned by the treasurer, and sealed as aforesaid, unto each person for every share, (held by him or her) as soon as each shall be paid; and any such certificate shall be transferable, in person or by attorney duly Transferable. authorized, in the presence of one or two credible witnesses; and the assignee holding any certificate, having first caused the assignment to be entered in a book of the company to be kept for that purpose, shall be a member of the corporation, and possess and enjoy all the rights, privileges, benefits and emoluments to which he would have been entitled, if he had been an original subscriber. SECTION 6. That the president and managers shall meet at such Duties of board. times and places as shall be directed by their by-laws, and when met three members shall be a quorum; and in the absence of the president, a chairman may be chosen of the number met; and all their transactions, as well as every matter and thing relating to the affairs of the corporation, shall be entered into a book or books to be kept for such purposes; and a quorum being formed, they shall have full power to employ, and contract with the engineers, artists and such workmen as they may deem necessary to carry on and complete their intended works, as well as to uphold, alter and repair the same; and also to fix the times and manner, and in what proportion the stockholders shall. pay the moneys due on their respective shares, and to draw on the treasurer for all moneys that may be required to carry into full effect this act, or that may be required by their by-laws, rules and regulations; and generally to do all such other matters and things as by this act, or their by-laws, rules and regulations they shall be authorized to do. Brookville. SECTION 7. That it shall be the duty of the president and managers, To introduce as soon as may be after the company shall be organized, to proceed and water into the bring, introduce and convey water into the borough of Brookville afore- borough of said, from such stream or springs as may be fixed on, or purchased by the president and managers for that purpose, by means of pipes, trunks or aqueducts; and also to provide proper cisterns or reservoirs for the reception thereof; and for these purposes may enter into such lands and enclosures as may be necessary, and dig, ditch and lay pipes through the same, the company doing as little damage as possible to private property, and paying for whatever injury shall be done by them; when Damages to be the parties cannot agree, according to an assessment made by three disassessed and paid. interested freeholders, to be appointed on application, by the court of common pleas in and for the county of Jefferson, and who shall be duly sworn or affirmed, justly and truly, to make such assessment, reserving, nevertheless, to all those who may be affected by the diversion of the water, or by laying trunks through their lands, the full effect of the conditions and reservations in their respective concessions already made; and the president and managers shall at all times, paying damages as aforesaid, have liberty to renew and repair the trunks wherever laid on and through private property, doing as little damage as possible; and also shall have liberty at all times, to dig and lay pipes and trunks along roads and highways, and the streets and alleys of the borough of Brookville, and to renew and repair the same, shutting up and amending any breaches which they may respectively make as soon as possible; and it shall be lawful for them to make cisterns and reservoirs in the streets or public ground in the said borough, where the same may be necessary. Company to erect hydrants. Establish uniform rates. SECTION 8. That the said president and managers, shall in such streets or parts of the borough where pipes shall be required, erect hydrants to be used solely for extinguishing fires; and they shall have liberty at all times, where the trunks shall be laid in and through any of the streets and alleys in said borough, to suffer individuals to be supplied with water for domestic or manufacturing use, for such reasonable compensation as shall from time to time be agreed on by the company and such individuals, according to certain uniform rates which the president and managers shall hereafter adopt, having regard to the probable quantity of water which applicants are likely to consume. SECTION 9. That the president and managers shall call in the capital Payment of in-stock, by instalments, as the same may be required; and if any stockstalments of capi- holder shall neglect, after thirty days' notice, published in a paper in the tal stock may be enforced. borough, payment may be enforced as in other cases; and whenever the debts of the company shall be paid, and the income shall exceed the expenses of the company, the president shall declare a dividend on the stock paid in, half yearly, on the first Mondays of January and July in each year; and shall publish the said dividend, and the place where the same will be paid, and shall cause the same to be paid accordingly. Dividend. ing works. SECTION 10. That if any person or persons shall wilfully destroy, or Penalty for injur- injure in any manner, the pipes, aqueducts, cisterns, reservoirs, hydrants or any of them, or any of the works of said company, erected in pursuance of this act, or shall wilfully corrupt or otherwise render unwholesome, the stream of water which shall be conveyed and brought into the borough of Brookville, by the said company, he, she or they shall, on being thereof convicted before any justice of the peace in and for the county of Jefferson, by the oath or affirmation of one or more credible witnesses, pay a fine not exceeding twenty dollars, one half to the use of the poor of the county, and the other half to the informer; and shall moreover remain liable for all damages to the company. Completion. Reservation. SECTION 11. That if the said company shall not proceed to carry on the said work within three years after the passing of this act, or shall not within five years afterwards complete the same, so far as to carry the water within the limits of the said borough, in either of these cases, all and singular the rights, liberties and franchises hereby granted to the said company, shall revert to this commonwealth. SECTION 12. The legislature reserves the right to alter or repeal the privileges hereby granted, whenever in their opinion the same shall be necessary: Provided however, That no injustice shall be done to the corporators. FINDLEY PATTERSON, Speaker of the House of Representatives. APPROVED-The twentieth day of April, one thousand eight hundred ⚫ and forty-six. FRS. R. SHUNK. No. 411. AN ACT To annul the marriage contract between Lawrence Allburger, and Jane, his wife.. 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 marriage contract entered into between Lawrence Allburger and Jane, his wife, be and the same is hereby annulled and made void, and the parties released and discharged from the said marriage contract as fully, effectually and absolutely as if they had never been joined in the bonds of marriage. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM S. ROSS, Speaker of the Senate. APPROVED-The twenty-first day of April, one thousand eight hun dred and forty-six. FRS. R. SHUNK. No. 412. AN ACT To authorize the executor of the estate of commodore Jesse D. Elliott, late of the United States navy, deceased, to sell certain real estate. 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 executor of the last will and testament of commodore Jesse D. Elliott, late of the United States navy, deceased, be and he is hereby authorized to sell at public or private sale, and to convey the same to the purchaser or purchasers in fee simple, the following property, late of said deceased, to wit: a lot of ground situate on the north-east corner of Main and Bedford streets, in the borough of Carlisle, Cumberland county, Pennsylvania, with two dwelling houses and other buildings thereon erected; also, one hundred acres of land, or thereabout, situated in Perry county. Pennsylvania, adjoining lands of Huling, Parsons and others: Provided, That before executing a deed for said lands, or any of them, the executor shall enter into bond with one or more securities, to be approved by the orphans' court of Philadelphia county, in such sum as shall be fixed by said court, conditioned to appropriate the proceeds of sale according to law. FINDLEY PATTERSON, DANIEL L. SHERWOOD, APPROVED-The thirteenth day of March, one thousand eight hun dred and forty-six. FRS. R. SHUNK. No. 413. AN ACT To extend the charter of the Bank of North America. 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 charter of the Bank of North America shall be and the same is hereby extended and continued until the first day of November, eighteen hundred and fifty-seven, subject to all and singular the same provisions and restrictions as are imposed on the Western Bank of Philadelphia, by the act, entitled "An Act to extend the charter of the Western Bank FINDLEY PATTERSON, DANIEL L. SHERWOOD, APPROVED-The eighth day of April, one thousand eight hundred and forty-six. FRS. R. SHUNK. No. 414. AN ACT To incorporate the North Branch railroad 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 D. E. Martin, H. Morgan, James S. Pringle, William M'Kee, Samuel Corporators. Rhodes, junior, Christopher L. Ward, George Sanderson, Thomas T. Wierman and Gordon F. Mason, and their associates, successors and assigns, be and they are hereby constituted a body politic and eorporate, by the name, style and title of "The North Branch railroad company," Name. for the purpose of constructing a railroad, as hereinafter is provided; and also for the purpose of transacting the usual business of companies engaged in transporting coal and the other commodities; and the said corporation by the said name is hereby declared and made capable in law to sue and be sued, to plead and be impleaded, to have a common seal, and the same to alter and renew at pleasure, to make rules and by-laws for the regulation and management of the said corporation, consistent with the laws of the United States and of this commonwealth, and generally to do and execute, for the well being of said company, whatever shall lawfully pertain to such bodies politic: Provided, That each stock- Proviso. holder shall be liable, in his individual capacity, for the debts and performance of all contracts entered into by said company, to the amount of the balance unpaid on the stock by them subscribed respectively. SECTION 2. The said company shall have the right to hold, either May hold real by purchase or lease, such lot or lots of land not exceeding five acres estate. in any one place, as may be found convenient for the transportation of coal and other commodities, and for the deposit of the same; the erection of a toll house or other buildings necessary for the railroad, stationary engines and machinery connected therewith. |