south sixty-one and a half degrees west eight perches to a stake; thence Commissioners. SECTION 2. That Jacob Hibler, William H. Magill and William Colt, are hereby appointed commissioners to sell and dispose of the court house and other public buildings, and real estate on which they are erected, or is appurtenant thereto, situate in the town of Danville, in Columbia county, and lately belonging to said county; and they, or a majority of them, are hereby authorized and empowered to take possession of said real estate; and they, or a majority of them, are hereby authorized and empowered to sell the said real estate, at public vendue, Power to sell within six months after the passage of this act, after giving three weeks' certain real esnotice of said sale, by advertisement in two newspapers published in tate. said county, and by deed signed by a majority of the said commissioners, grant and convey the said real estate, and all the right, title and interest of the said county of Columbia, and of the inhabitants of Mahoning township, of, in and to the same to the purchaser or purchasers, in fee simple; and the said commissioners shall apply the proceeds of Proceeds, how to and forty-five: Provided, That before the said commissioners shall be Proviso. SECTION 3. That all that part of Rush township, Northumberland county, lying within the bounds hereinafter mentioned, to wit: beginning at the west corner of land of John Overdorf, at the river Susquehanna; thence running four degrees south east ninety-three perches, to the corner of said Overdorf's land, on the hill; thence running a southeasterly course to the south-east corner of land of Jacob Gearhart ; thence north-east to the river Susquehanna, at the north-east of land of Separate school widow Gearhart; thence down the river Susquehanna to the place of district. beginning, be and the same is hereby erected into a separate school Name. district, to be called Gearhart. SECTION 4. That Andrew Wade, Abraham Greenawalt, Isaac Red secker, Samuel Bossler, Jacob Old weiler, John Baker, Abraham Brene- Incorporators. man, and all other persons who may hereafter associate with them in the manner hereinafter prescribed, shall be and they are hereby constituted and declared to be a body politic and corporate, by the name, style and title of The Farmers' and Mechanics' mutual insurance Style. company of Lancaster county." Directors. SECTION 5. The members of said company, upon twenty days' notice, shall meet at their office in the borough of Elizabethtown, on the first Monday of January, in the year of our Lord one thousand eight hundred and forty-nine, and hold their first election for directors; and the directors so elected shall continue in office until the first Monday in January, one thousand eight hundred and fifty, or until others are Annual election. elected; on which day annually thereafter an election for directors shall be held: Provided, No policy shall be issued by said company until the property insured shall amount to fifty thousand dollars. Proviso. SECTION 6. That any member of this company wishing to withdraw When policy to his or her insurance from said company, shall surrender his or her be surrendered. Provisions and restrictions of certain act extended to this company. policy to the directors to be cancelled; and upon such surrender shall be entitled to receive his or her deposit note, on payment of his or her proportion of losses and expenses accrued prior to such surrender, and the payment of ten per cent. on the balance of said note, for the use of the company. SECTION 7. The said company shall enjoy and be subject to all the provisions and restrictions of an act to incorporate the Northern mutual insurance company of Lancaster county, approved fourth day of April, one thousand eight hundred and forty-four. WILLIAM F. PACKER, Speaker of the House of Representatives. WM. F JOHNSTON, Speaker of the Senate. APPROVED-The eleventh day of April, one thousand eight hundred and forty-eight. FRS. R. SHUNK. Commissioners. Form of subscription. No. 403. AN ACT To authorize the governor to incorporate the Glen Hope and Little Bald Eagle 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 Israel Cooper, John T. Mathias, Henry B. Wright, John G. Nevlin, William Smiley, Lewis Palmer and John Swan, junior, be and they are hereby appointed commissioners to do and perform the duties hereinafter mentioned, that is to say: they shall procure two or more books and therein enter as follows: "We whose names are hereunto subscribed, do promise to pay the president and managers of the Glen Hope and Little Bald Eagle turnpike road company, the sum of twenty-five dol lars for every share of stock in said company by us subscribed, in such manner and proportions, and at such times and places as shall be deter mined on by the president and managers, in pursuance of an act, entitled An Act authorizing the governor to incorporate the Glen Hope and Little Bald Eagle turnpike road company." Witness our day of hands the Anno ;" and shall scribe. Number of shares. Domini one thousand eight hundred and give at least thirty days' notice in two or more newspapers published in Open books. Clearfield and Blair counties, of the time and place when and where the said books shall be opened to receive subscriptions of stock of the said company, at which time and place two or more of the said commissioners shall attend and receive subscriptions from all persons of lawful age who shall offer to subscribe in said books, which shall be Who may subkept open for the purpose aforesaid, at least six hours in each juridical day for the space of six days, or until there shall have been subscribed therein one hundred shares; and the said commissioners may adjourn from time to time, and transfer the books from place to place, until the whole number of shares aforesaid shall be subscribed; of which adjournment and transfer the said commissioners shall give such notice as the occasion may require: Provided always, That every person offering Proviso. to subscribe in said books in his own or any other name, shall previously pay to the attending commissioner or commissioners the sum of one dollar 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 corporation as soon as the same shall be organized and the officers chosen as hereinafter mentioned. Title. SECTION 2. When ten or more persons shall have subscribed one hundred or more shares, and the said commissioners, or a majority of them, shall have certified under their hands and seals to the governor, the names of the subscribers and the number of shares subscribed by each, it may be lawful for the governor, by letters patent under his Letters patent. hand and seal of the state, to create and erect the subscribers, and also those who may afterwards subscribe, into one body politic and corporate, in deed and in law, by the name, style and title of "The Glen Hope and Little Bald Eagle turnpike road company," and by the same Privileges. name the subscribers shall have perpetual succession, and all the 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 fulfil the intention of the act, and of purchasing, taking and holding to them and their successors and assigns, and of selling, transferring and conveying in fee simple, or for any less estate, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary to them in the prosecution of their work, and of suing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do. election of offi cers. SECTION 3. That the stockholders, or any two of them named in the letters patent, shall as soon as convenient may be after issuing of Organization and same, give notice in one or more newspapers published in the counties of Clearfield and Blair, of a time and place to be by them appointed, not less than thirty days from the time of the first notice, at which time and place the said subscribers, or as many of them as may be then present, shall proceed to organize the said company, and shall choose by a majority of the said subscribers, by ballot, or by proxy duly authorized in person, one president, six managers, one treasurer, and such other officers as may be necessary to conduct the business of said com ミ Proviso. Proviso. Proviso. In case of death, resignation or refusal to act, of treasurer, board of managers to appoint, &c. pany for one year, and from thence until the next annual election, and until such other officers shall be chosen and organized agreeably to the provisions of this act; and in case of the death, removal, or resignation of any president or manager, the board of managers may choose another to supply the vacancy until the next annual election of said company; they may make and have one common seal, and the same may break, alter, or renew at their pleasure, and may make such bylaws, rules, orders and regulations not inconsistent with the constitution and laws of this state, as shall be necessary for the well ordering of the affairs of the corporation: Provided, That each subscriber shall be entitled to one vote for every share of stock by him or her held, not exceeding five; but no number of shares above five shall entitle the holder thereof to more than two votes at any election or meeting of said company: And provided also, That no person shall be entitled to hold the office of president, manager, or treasurer of the said company who is not a stockholder thereof: And provided also, That no stockholder, whether the original subscriber or assignee, shall be entitled to vote at any election or meeting of said company, unless the whole sum due and payable on the shares by him or her held at the time of such election or meeting, shall have been fully paid and discharged. SECTION 4. If any treasurer elected by virtue of this act shall die, resign or refuse to act, or neglect to give security for the faithful discharge of the duties of his office as the board of managers may direct and require, or having given the security required, shall neglect or refuse to take upon himself and perform all the duties of said office, it shall be the duty of the said managers for the time being to appoint some suitable person treasurer, which person so appointed shall hold the office to which he shall have been appointed until the next election by the stockholders, on his giving the requisite security, and until a successor shall be duly elected and give the security required. SECTION 5. The stockholders shall meet on the first Monday in NoAnnual meetings. vember in each and every year, at such place as shall be fixed by the by-laws of said company, for the purpose of choosing in manner aforesaid, such officers for the year ensuing the term of service of those previously elected. Certificates of stock. Transferable. Enter upon lands, &c. Quorum, SECTION 6. The said president and managers shall make out certificates of stock, signed by the president and countersigned by the treasurer, and sealed with their corporate seal, and deliver one such certificate to each subscriber for any share or number of shares by him or her held, on him or her paying to the treasurer on each share so held, the sum of five dollars, which certificate shall be transferable in person or by attorney, on the books of the said company, only subject to the sum due or to become due on the share or shares so transferred. SECTION 7. It shall and may be lawful for the said president and managers, their superintendents, surveyors, engineers, artists and chain bearers, to enter in and upon all and every the lands, tenements and enclosures, in, through and over which the said intended turnpike road may be thought proper to pass, and for that purpose to examine the ground and quarries of stone and gravel, and other materials that may be necessary in making and constructing the said road, and to survey, lay down, ascertain, mark and fix such route for said road as in the best of their judgment and skill combine shortness of distance with the most eligible ground; beginning at Glen Hope, in Clearfield county; thence the nearest and best route to the mouth of the Little Bald Eagle creek, in Blair county. SECTION 8. The said president and managers, five of whom shall for all purposes be a quorum, shall keep minutes of all their proceedings fairly entered in a book to be kept for that purpose, and shall have full power and authority to appoint, agree, or contract with such engineer, Powers and dusuperintendents, artists, laborers and other persons as they may think ties of board. necessary to make and construct said road, and collect the tolls hereinafter authorized, and to fix their compensation; to ascertain the times, manner and proportions in which the stockholders shall pay the amount of their respective shares in order to carry on their work; to draw orders on the treasurer for all debts contracted by them, which orders shall be signed by the president, or in his absence by a quorum of the managers, and attested by their secretary, and to do and transact all other acts, matters and things as by the by-laws, orders and regulations of the said company shall be entrusted to them. stalments. SECTION 9. If any stockholder, whether original subscriber or assignee, after thirty days' notice in two newspapers printed in the coun- Payment of inties of Blair and Clearfield, of the time and place appointed for the payment of any instalment or proportion of the capital stock, shall neglect to pay such proportion at the place appointed, for the space of sixty days after the time appointed for the payment thereof, every such stockholder shail in addition to the instalment so called for pay at the rate of two per cent. per month for every delay of such payment; and if the same and such additional penalty shall become equal to the sums before paid in part on account of such share, the same may be forfeited by and to the said company, and may be sold by them for such price as may be obtained therefor, or in default of payment of any stockholder of such instalments as aforesaid for the space of sixty days as aforesaid, the president and managers may at their election cause suit to be brought in the same manner as debts of like amount are now recoverable, for the recovery of the same, together with the penalty aforesaid. SECTION 10. It may lawful for the said president and managers, by and with their superintendents, engineers, artists, workmen and laborers, with their tools and instruments, carts, wagons and other carriages, and beasts of draught or burden, to enter in and upon the lands contigu- Enter upon lands. ous and near to which the said road shall be made or constructed, first giving notice of their intentions to the occupyers thereof, and doing as little damage thereto as possible, and making amends for damages upon a reasonable and equitable agreement by the parties, or if they cannot agree thereupon, a just and equitable assessment to be made upon oath Payment of damages, reguor affirmation by three disinterested freeholders, or any two of them, to be mutually chosen; or if either party, upon due notice, shall neglect or refuse to join in the choice, then to be chosen by a justice of the peace for the county wherein the said land lies, who shall not be interested therein, and upon the tender of the assessed value to dig and carry away any timber, stone, sand, earth, or other materials necessary or suitable for making said road: Provided, That no private property shall be taken without making compensation to the owner or owners thereof, or giving adequate security therefor. lated. Proviso. Accounts. SECTION 11. The said president and managers shall keep fair and just accounts, as well of all moneys received by them as of those paid out and expended in the prosecution of the work, and shall at least once in every year submit their books and accounts to a general meeting of the stockholders; and whenever it shall be ascertained that the capital stock of the said company is not sufficient to complete the said road according to the true intent and meaning of this act, it shall and may be lawful for the president and managers, at a stated or special meeting convened according to the provisions of this act or their own by-laws, to increase the number of shares to such an extent as they shall deem Increase of sufficient to accomplish the work, and to demand and receive the moneys shares. |