SECTION 8. The directors may determine the rates and terms of in- Rates of insusurance, and limit the amount to be insured. rance. SECTION 9. Every person who shall become a member of this company, by effecting insurances therein, shall at and before the time when he receives his policy, make the deposit and pay the rates that may be Deposits. fixed and determined by the board of directors, and shall stand bound to contribute his proportion according to the amount of his deposit, and payment of any loss or losses that shall happen to or be incurred by the corporation during the period for which he shall have been insured; and the said deposit and payment shall be and remain as a pledge for the faithful performance of his covenants to and with the corporation; and upon the withdrawal of any member, at the expiration of the time of his insurance, the said deposit and payment, together with a proportionate share of the profits, after deducting losses and incidental charges, if any thing remain, shall be relinquished to him, his executors, administrators or assigns: Provided, That if the same be not demanded within one year from the time of his withdrawal, they shall be forfeited to the corporation. SECTION 10. In case any assured, named in any policy or contract of insurance made by the said corporation, shall sell, convey, assign, pledge, or incumber the subject insured, it shall be lawful for such assured to assign and deliver to such purchaser, assignee, bailee, or person holding such incumbrance, such policy or contract of insurance, and such assignee of the policy or contract of insurance shall have all the benefit thereof, and may bring and maintain a suit thereon in his own name: Provided, That before any loss shall have happened, the president or secretary of the corporation shall, under his proper signature, endorse or annex to such contract or policy of insurance his approval of such assignment, to be according to the established regulations for that purpose and not otherwise. SECTION 11. When any member of this corporation shall sustain any loss or damage by fire, he shall give immediate notice to the president and directors of the company at their office, to the end that the directors, their officers and agents may examine and inquire into the same. Proviso. Assignment. Proviso. Losses. Rate of contribu SECTION 12. The directors for the time being shall, with all convenient expedition after any loss sustained, settle a rate of contribution tion for payment according to the amount deposited, and publish the same in such man- of losses. ner as they shall think fit; and when such rate shall exceed the dividends of interests or profits on the amount of all money deposited, all and every of the members of the company shall pay into the hands of the treasurer his or their proportionable part of such rate, within sixty days after such publication as aforesaid, and in default of such payment, he or they and every of them making such default therein, shall forfeit and pay double the said rates, and neglecting to pay the said forfeiture for thirty days more, shall or may, by the directors for the time being, be excluded and debarred from any benefit or advantage from his or their insurances, respectively, and all right to the stock of this corporation, and shall, notwithstanding, be liable to the said rates pursuant to his or their covenants and agreements. SECTION 13. It shall be lawful for the said corporation to invest their premium, profits and capital in bonds, mortgages, ground rents, stocks and loans of the United States and state of Pennsylvania, and other good securities, and to sell, transfer and change the same, and re-invest the funds of the said corporation when the directors shall deem it dient. expe Investment. Suits. SECTION 14. Suits at law may be maintained by said corporation against any of its members, for any cause relating to the business of the corporation; also suits at law may be prosecuted and maintained by any member against the corporation, for losses or damage by fire, if payment be withheld more than three months after the company is duly notified of such loss or damage; and no member of the corporation shall be debarred from testifying in any case, on account of his being a member of the said corporation; and no member or officer of the said company, not being in his individual capacity a party to such suit, shall on account of his being a member or officer of the corporation, be disqualified or rendered incompetent as a witness in any such suit. SECTION 15. The officers of the corporation shall, at the annual Annual statement meeting for the election of directors in every year, cause a statement to be made of the affairs of the company, and a balance to be struck of the profit and loss account, and if there be a surplus after paying all the losses and expenses incurred by the company for the year then next preceding, each member shall be credited with such proportion of such surplus, as his deposit or payment may bear to the aggregate of deposits or payments. Publish statement. To contain. SECTION 16. Within thirty days after the annual meeting for the election of directors in every year, it shall be the duty of the officers of the corporation to cause to be made and published in at least one newspaper of the said county, a general balance statement of the affairs of the corporation; such statement shall contain, I. The amount of deposits and premiums received, and the amount derived from interest on loans and investments during the same period. II. The amount of the expenses of the company during the same period. III. The amount of losses incurred during the same period. V. The nature of the security on which the same is loaned, and the amount of cash on hand, and generally all other matters necessary for a full exposition of the affairs of the corporation. SECTION 17. The office of the said corporation shall be located at Place of office. such place in the borough of Hollidaysburg, as the directors may establish. Reward. Reservation. SECTION 18. The directors shall have authority to reward out of the funds of the corporation, such persons as are voluntarily and usefully active in cases of fire. SECTION 19. The legislature may at any time alter or repeal this act; in such manner, however, as shall do no injustice to the corporators, or wrongfully affect any contract or engagement made by the corporation. WILLIAM F. PACKER, Speaker of the House of Representatives. WM. WILLIAMSON, APPROVED-The eighth day of April, one thousand eight hundred and forty-eight. FRS. R. SHUNK. No. 395. AN ACT To incorporate the Chester County horticultural society. WHEREAS, A number of citizens of Chester county have associated together for the promotion of the science of horticulture and the cultiva- Preamble. tion of fine fruits and vegetables, plants and flowers, in said county, and for the better attainment of these ends, desire to be incorporated; therefore, 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 persons who now constitute the Chester County horticultural society, Incorporators. or who shall hereafter be admitted members of the same, shall be and hereby are declared to be a body politic and corporate, by the name, style and title of The Chester County horticultural society," to have Style. succession, to plead and be impleaded, sue and be sued in all courts of Privileges. record or elsewhere, and be capable to take. hold and enjoy lands, tenements and hereditaments, goods and chattles, and the same from time to time, to sell, grant, demise, alien and dispose of, and to use a common seal, and to alter or renew the same: Provided, That the lands so held by said society shall not exceed fifty acres. SECTION 2. That the officers of said corporation shall be such as said corporation may deem necessary, and shall be elected as the constitution, rules and by-laws of said corporation may direct. Officers. Powers. SECTION 3. That said corporation, when convened upon due notice, shall have power and authority to make, ordain and establish a constitution, and such and so many rules, by-laws and ordinances relating to the times of meeting, the admission of members, the powers and duties of the officers thereof, and the ordering of the other concerns of said corporation, as they may deem necessary and proper: Provided, Such Proviso. constitution, by-laws or ordinances shall not be valid if inconsistent with the constitution and laws of this state or of the United States. SECTION 4. That the present officers of said society shall continue in their respective stations until an election shall be had under this act, and the constitution, by-laws and ordinances now in force, not inconsistent with the constitution and laws of this state or of the United States, shall be good and valid until altered, amended or abrogated by said corpoiation. WILLIAM F. PACKER, Speaker of the House of Representatives. APPROVED-The eight day of April, one thousand eight hundred and Present officers continued. forty-eight. FRS. R. SHUNK. No. 396. AN ACT To incorporate the Lancaster and Marietta turnpike road 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 for the purpose of making a turnpike road from the city of Lancaster to the borough of Marietta, in the county of Lancaster, Christopher Hager, Commissioners. Samuel Johnson, F. A. Muhlenberg, Jacob Gamber, Israel Carpenter, John Denlinger, Henry G. Long, James Mehaffy, junior, John F. Long, David Rinehart, John Ream, David Hartman, Andrew Mehaffy, William B. Fordney, John Shenk and Jacob Grosh, of the county of Lancaster, be and they are hereby appointed commissioners, to do and perform the several things hereinafter mentioned, that is to say: they shall on or before the first day of June next, procure two books, and Form of subscrip- in each of them enter as follows: "We whose names are hereunto subscribed, do promise to pay the Lancaster and Marietta turnpike road company, the sum of twenty-five dollars for every share of stock set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers of said company, in pursuance of an act of the general assembly of this commonwealth, entitled "An Act to incorporate the Lancaster and Marietta turnpike road company." Witness our hands the tion. Notice. Open books. scribe. day of in the year of our Lord, one thousand eight hundred and forty; and thereupon shall give notice in two or more public papers printed in the city and county of Lancaster, for twenty days at least, of the times and places when and where the said books shall be opened to receive subscriptions for the stock of said company, at which times and places at least one of the said commissioners shall attend, and permit and suffer Who may sub- all persons of lawful age who shall offer to subscribe in said books in their own names, or in the name or names of any other person or persons who shall duly authorize the same, for any number of shares of stock; and the said books shall be kept open respectively, for the pur poses aforesaid, at least six hours in every juridical day for the space of six days, or until the said books shall have one thousand shares therein subscribed; and if at the expiration of the said six days the books aforesaid shall not have the said number of one thousand shares therein subscribed, the commissioners respectively may adjourn from time to time, and transfer the said books from place to place, until the whole number of shares shall be subscribed, of which adjournment and transfer the commissioners aforesaid, or a majority of them, shall give such public notice as the occasion may require; and when the whole number of shares subscribed shall amount to one thousand, the same shall be closed: Provided always, That every person offering to subscribe in said books in his own or any other name, shall previously pay to the attending commissioner or commissioners the sum of two dollars for every share to be subscribed, out of which shall be defrayed such incidental charges and expenses as may be necessary for taking such subscription, and the remainder shall be paid over to the treasurer of the Proviso. corporation, as soon as the same shall be organized and the officers chosen as hereinafter mentioned. SECTION 2. When twenty persons or more shall have subscribed four hundred shares of the said stock, the said commissioners respectively may, or when the whole number of shares aforesaid shall be subscribed, they shall certify under their hands and seals the names of the subscribers, and the number of shares subscribed by each, to the governor of this commonwealth; whereupon the governor shall, by letters patent under Governor to grant his hand and seal of state, create and erect the subscribers, and if the letters patent. said subscription be not full at the time, then those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate, in deed and in law, by the name, style and title of "The Lancaster and Style. con SECTION 3. The commissioners aforesaid, as soon as conveniently may be after the said letters patent shall be sealed and obtained, shall give public notice in two or more public papers printed in the county of Lancaster, of a time and place by them to be appointed, not less than twenty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize the said cor- Organization of poration, and shall choose by a majority of votes of the subscribers, company. by ballot, to be delivered in person or by proxy duly authorized, one Elect officers. president, seven managers, one treasurer and such other officers as may be necessary to conduct the business of said company until the first Monday in November next, and until such other officers shall be chosen ; and shall and may make such by-laws, orders and regulations, not inconsistent with the constitution and laws of the United States and of this commonwealth, as shall be necessary for the well ordering the affairs of said company: Provided always, That no person shall have more Proviso. than five votes at any election or in determining any question arising at such meeting, whatever number of shares he may be entitled to, and that each person shall be entitled to one vote for every share held by Votes. him under that number; and it shall be the duty of the said president and managers, as soon as they are elected, to proceed forthwith to lay Duty of board. out the track of the said road from the city of Lancaster to the borough of Marietta, which track is to be upon the route or road formerly known as the Anderson's Ferry, Waterford and New Haven turnpike road; upon which last named road the president and managers of the said Lancaster and Marietta turnpike road company are to locate, build, erect and found and cause to be made their road; and the same may be used by them, with its appurtenances, in making said road in the breadth and length thereof as formerly used by the said Anderson's Ferry, Water |