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tary of this commonwealth, a duplicate copy of his appointment, under
the common or corporate seal of such company: And provided fur-
ther, That every such association or company shall publish their an-
nual report for three months in each year, in a newspaper published in
Philadelphia, Harrisburg or Pittsburg, said report to contain the num-
ber of members, the amount insured, the amount of premium notes, the
amount of moneys received, the amount paid out for losses and ex-
penses, the amount of money in the treasury, and the amount of claims
against the company: And provided further. That any law or laws
inconsistent herewith, be and the same are hereby repealed: And pro-
vided further, That no insurance shall be effected under this act, ex-
cept upon the strict mutual principle; and no policy shall be issued to
any person who shall not have become a partner in such corporation.
SECTION 2. That the legislature hereby reserves the right to alter,
revoke or amend this act, whenever it shall be deemed expedient.

WILLIAM F. PACKER,
Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The nineteenth day of February, one thousand eight hundred and forty-nine.

WM. F. JOHNSTON.

No. 192.

AN ACT

To incorporate the village of Providence, in the county of Luzerne, into a borough.

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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 village of Providence, in the county of Luzerne, shall be and the same is hereby erected into a borough, which shall be called 'The borough of Providence," and shall be bounded and limited as follows: Boundaries. beginning at the line between the lands of Theodore Vonstorch and Silas B. Robinson, on the west bank of Lackawanna river; thence up the river along said bank to a bridge across said river, on the north line of lands of Henry Heermans, deceased; thence along the road north seventy-eight degrees west eighty-one perches to a pine stump; thence north six degrees west about two hundred perches to a corner of lands belonging to Mrs. Polly Dean; thence south forty degrees west to the line between T. Vonstorch and S. B. Robinson; thence along said line to the place of beginning.

SECTION 2. That the inhabitants of said borough qualified to vote for members of the general assembly, shall on the second Tuesday of April Organization next, and on the second Tuesday in March in every year thereafter,

Burgess and town council.

Constable.

Justice of the peace, judge and inspector.

Style.

Privileges.

Burgess and town council, powers and duties of.

Duties of constable.

School directors, duties of.

Separate election district.

taxables.

meet at the school house in said borough, and then and there between the hours of one and six o'clock in the afternoon, elect by ballot one citizen, who shall be styled the burgess of said borough, and four other citizens to be members of the town council; at the first election three school directors, one to serve for one year, one for two years, and one for three years, and thereafter one school director annually, and one person to be constable of said borough, whose names shall be returned to the next court of quarter sessions, in like manner as persons elected township constables; the said inhabitants shall also at the same time and place elect one justice of peace, judge and inspector of elections, and an assessor, agreeably to the laws of this commonwealth; the said election shall be conducted in the manner as is provided for the election of township officers of this commonwealth, except that the certificates of burgess and town council and school directors, shall be filed among the records of the corporation; that the first election held under this act shall be conducted by a judge and inspector to be chosen by the inhabitants present, at the opening of the election, who are qualified to vote, who shall be sworn or affirmed in the same manner as is provided by law for swearing or affirming election officers, and they shall perform the duties required of them by law, relative to township elections. SECTION 3. That from and after the second Tuesday in April next the burgess and town council duly elected, and their successors, shall be one body politic and corporate, by the name, style and title of the burgess and town council of the borough of Providence, and shall have, possess and enjoy all the rights, liberties, franchises and privileges of a borough incorporated in pursuance of the act passed first of April, one thousand eight hundred and thirty-four, entitled "An act to provide for the incorporation of boroughs;" and the several provisions of the said act, so far as the same are not inconsistent with this act, shall extend to and be in force within said borough, as fully as though said borough had been incorporated agreeably to the provisions thereof.

SECTION 4. The burgess and town council of said borough shall have the care of the poor of said borough, and all the powers and duties of overseers of the poor shall be exercised and performed in such manner, and by such persons as they may ordain.

SECTION 5. The constable of said borough shall perform the duties of high constable therein: until otherwise provided, the burgess and town council may authorize the election or appointment of a high constable, if they shall deem it expedient.

SECTION 6. The school directors elected under this act, shall perform the same duties, and have the like powers in all respects as school directors elected agreeably to the general laws of this commonwealth.

SECTION 7. The said borough shall be a separate election district, and the electors thereof shall hold their borough and general elections in the school house in said borough.

SECTION 8. The school directors first elected under the provisions Enumeration of of this act, shall immediately after their election, cause to be made an enumeration of the resident taxable inhabitants in said borough, and the president of the board of directors shall certify the same to the superintendent of common schools, who is hereby directed to adopt the number of taxables thus certified to him, as the basis of the distribution to said borough of its share of the state appropriation; and the amount to which the said borough is entitled, shall be deducted from the amount to which Providence school district, in said county, would otherwise be entitled, until after the next triennial enumeration of taxables for

school purposes; and the said borough shall be entitled to its share of the proprietors' fund in said township.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The fourteenth day of March, one thousand eight hun

dred and forty-nine.

WM. F. JOHNSTON.

No. 193.

AN ACT

To incorporate the Wakefield manufacturing company, in Philadelphia county.

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 Thomas R. Fisher, Charles W. Lentz, John Anspack, junior, Edwin Corporators. M. Sellers, E. S. Warne and Charles William Fisher, and their associates, shall be incorporated and become a body politic in law, under the provisions, regulations and restrictions hereinafter mentioned, under the corporate name and style of "The Wakefield manufacturing com- Style. pany, in Philadelphia county" the objects of such corporation shall be Object. the manufacture and sale of plain and fancy hosiery and other goods, consisting of silk, cotton and wool, or some of them; and the said corporation shall have perpetual succession, and shall be capable to sue Privileges. and be sued, plead and be impleaded in all courts of law and equity, to take, purchase or lease, for a year or term of years, hold, possess and enjoy, convey and dispose of lands, tenements, hereditaments, goods, chattels, rights, credits, and to have and to use a common seal, and the same to change and renew at pleasure, and have all the other incidents of a corporation: Provided, That the real estate to be held Proviso. by such corporation, to be purchased, leased or sold by them, (except such as may be purchased under an execution, or otherwise taken in payment, or on account of an existing debt or debts belonging to said corporation,) shall be such only as may be necessary or convenient for the use, management or business of said corporation, in carrying on their manufacture and business aforesaid.

SECTION 2. The said Thomas R. Fisher, Charles W. Lentz, J. Anspack, junior, Edwin M. Sellers, E. S. Warne and Charles William Fisher shall be commissioners to receive subscriptions to the capital stock of said company, and shall act as directors until the said corporation shall be organized as hereinafter provided; the capital stock of said Capital stock. corporation shall consist of one hundred thousand dollars, divided into shares of not more than fifty dollars each; and when one-fourth of the

said stock shall have been subscribed for, and shall have been bona fide paid in, or contributed as hereinafter provided, it shall be the duty of the said Thomas R. Fisher, Charles W. Lentz, J. Anspack, junior, 'Edwin M. Sellers, E. S. Warne and Charles William Fisher, or of whichever of them may be then acting as president or treasurer, to transmit to the governor of the commonwealth, a statement on oath or affirmation to such effect, stating the amounts actually paid in or contributed; when, if the same shall amount to one-fourth at least of the said capital stock, the governor shall certify the same to the secretary of the commonwealth, with an order requiring him to enrol the same oath to the gover- at the expense of the applicants; and upon such enrolment the persons so associated shall become a corporation or body politic, by the style and name aforesaid, under the provisions, conditions and restrictions, and for the purposes by this act declared and set forth.

Statement to be

transmitted on

nor.

Incorporate.

Election.
Directors.

Votes.

Proviso.

Proviso.

Organization.
Officers.

SECTION 3. Immediately after the enrolment, provided for in the second section of this act, the said Thomas R. Fisher and the persons so appointed with him as commissioners aforesaid, shall give notice for two weeks previously, in some newspaper published in the county of Philadelphia, of an election for five directors, to be made by ballot, from the stockholders, such election to be held within thirty days after the enrolment aforesaid, and the subsequent elections to be held annually, at such convenient time and place as the directors may determine, of which two weeks' notice shall in like manner be given; and at all such elections each stockholder shall be entitled to vote, according to the number of shares held by him, in the following proportion. to wit: for each share, not exceeding two shares, one vote; for every two shares above two shares, and not exceeding ten, one vote; for every four shares above ten, and not exceeding thirty, one vote; for every ten shares above thirty, and not exceeding one hundred shares, one vote; and for every twenty shares above one hundred, one vote: no shares shall confer a right of voting which shall have been transferred within three calendar months prior to any election, nor unless bona fide held by the party voting in his own right, or as executor, administrator, guardian or trustee for the use of some party, estate or corporation; and all votes by proxy shall be on such terms and conditions as are prescribed by the act passed March twenty-eighth, one thousand eight hundred and twenty, entitled "An Act to regulate proxies:" Provided also, That the stockholders in the incorporation created under this act, shall be individually liable for the amount of the capital stock by them respectively subscribed in said corporation, which shall not have been paid in: And provided, That if said corporation shall at any time contract debts to a greater amount than the capital so subscribed, said corporation shall forfeit its charter, and its corporate powers shall cease and determine; but among such debts shall not be considered such advances or loans as may be from time to time made or advanced on account of manufactured goods consigned or delivered for sale to agents or others on behalf of said corporation; the corporation shall be organized by the directors choosing a president from their own body, and by the appointment by them of a treasurer, secretary and such other subordinate officers or agents as they may deem necessary; and such treasurer, secretary, or other subordinate officer or agents may be removable at the discretion of the directors; the directors may also fill any vacancies that may occur in their own body, to serve until others are lawfully appointed; the majority of such directors shall have power to establish such by-laws, rules and regulations as may be deemed proper and expedient, not inconsistent with the laws of the United States or of this commonwealth, and the same from time

to time to change, alter or repeal; and if an election for directors shall not take place on the day designated by the by-laws of the corporation, the corporation for that cause shall not be dissolved, but an election shall be held as soon thereafter as may be; until such election, the directors and president in place shall continue to act.

SECTION 4. The stockholders of such company shall be jointly and Stockholders severally liable for all debts due the operatives and laborers contracted jointly and seveor incurred whilst they are stockholders: Provided, An action shall be rally liable for debts due operabrought against such company within six months after the debts shall become due.

tives and laborers.

pany.

SECTION 5. The said company shall establish and put into operation, in the county of Philadelphia, a manufactory for the purposes named Powers of comin the first section of this act, and shall manufacture such goods as aforesaid, for themselves or any other person or persons, and shall have power to sell, vend, or otherwise dispose of their manufactured goods, at such times and places as they may see proper, in order to the full and proper enjoyment of the privileges and duties hereby conferred; and such part of their funds or capital stock as may be requisite, shall or may be vested in the purchase or renting of real estate and improvements, and in the erection, construction and providing or leasing the proper buildings, warehouses, machinery and utensils necessary or convenient for the management and prosecution of their business and objects as aforesaid.

Stockholders

SECTION 6. When any of such stockholders shall have subscribed personal or real estate, other than money, for the purpose of carrying subscribing real on, or to be used in such manufacture, aforesaid, it shall and may be or personal eslawful for such persons to make application to the judges of the court tate. of common pleas of said county, who shall appoint three disinterested persons whose duty it shall be, having been first duly sworn or affirm

ed, faithfully to perform the trust committed to them, to value and ap

praise the said real and personal estate, and to make a return of such Such estate to be valuation, with the description of the property, under their hands and appraised. seals into the said court, when it shall be entered and confirmed by the said court, on their records; and a certified copy of such record shall be presented to the said governor when application is made for the enrolment of this act, as aforesaid, and the governor shall consider the same in ascertaining the amount to have been bona fide subscribed; and such real and personal property or estate shall in no other way be taken or received in subscription to the said capital stock; and for such services the said appraisers and officers of said court shall receive the fees as allowed for similar services.

SECTION 7. The corporation established by virtue of this act shall annually, on or before the first day of February, in each year, make a return, attested by the oath of the president, treasurer or secretary of said corporation, of the transactions of the corporation for the past year, to the secretary of the commonwealth, in which return the amount of capital stock subscribed shall be stated, and the amount of the same paid in, and the number of persons employed, and the quantity or amount of goods manufactured by it during the current year.

Annual return to

be made out, &c.

SECTION 8. The stock of said corporation shall be assignable and Stock transferatransferable by the holders thereof, to such persons as they may think ble. proper, according to such rules as the by-laws shall prescribe; but no stockholder shall be permitted to transfer his stock while any instalment due thereon shall remain unpaid, except by a special order of the board of directors to that effect.

SECTION 9. Dividends of so much of the profits of said corporation Dividends. as shall appear advisable to the directors or managers, shall be declared

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