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of the military fund: And no part of the act aforesaid shall be so con- Who to perform
strued as to make any man amenable to the performance of militia duty, militia duty.
or the payment of fines, except those between the ages of twenty-one
and forty-five years; nor shall any person enrolled be fined for not Fire arms.
parading with fire arms, in case the proper captain shall be satisfied that
any such person is unable to procure fire arms by reason of poverty:
and each captain or enrolling officer shall be entitled to three cents for
each person lawfully enrolled, anything in former laws to the contrary
notwithstanding: Provided, That any law of this commonwealth which No imprisonment
requires imprisonment for military fines, be and the same is hereby for militia fines.
repealed.

FINDLEY PATTERSON,

Speaker of the House of Representatives.

JNO. B. STERIGERE,

Speaker of the Senate.

APPROVED-The sixteenth day of April, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

No. 343.

AN ACT

To extend the time for the completion of the Sandy and Beaver canal.

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 first, second, fourth, and fifth sections of the act approved the first day of April, eighteen hundred and thirty-six, entitled An Act to revive and amend an act, entitled An Act to authorize the Sandy and Beaver canal company to extend a canal into Pennsylvania,' passed the fourteenth day of April, eighteen hundred and twenty-eight," be and the same is hereby revived, and the time for completing said canal Revived and exto the Ohio river extended to the first day of January, eighteen hundred tended. and forty-eight.

FINDLEY PATTERSON,

Speaker of the House of Representatives.

JNO. B. STERIGERE,

Speaker of the Senate.

APPROVED-The sixteenth day of April, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

1

Of trustees.

No. 344.

A SUPPLEMENT

To an act, entitled "An Act to incorporate an academy or public school, in the town of Norris, and county of Montgomery, and for other purposes therein mentioned," approved March twenty-ninth, eighteen hundred and four.

SECTION 1. Be it enacted by the Senate and House of Representotives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the present trustees. of the Norristown academy, in the county of Montgomery, incorporated by an act passed the twenty-ninth day of March, one thousand eight hundred and four, shall on the first day of June next cease to be trustees of the said, the Norristown academy, and from and after the said first day of June next, the trustees of the said corporation shall consist of nine persons; and in place of the present trustees, Daniel H. Mulvany, Benjamin F. Hancock, and Adam Slemmer shall be trustees until the first day of June, one thousand eight hundred and forty-eight; George W. Thomas, William Powel and Marks G. Kerr, trustees until the first day of June, one thousand eight hundred and forty-seven; and David Sower, William Hamill and Isaac H. Miller, trustees until the first day of June, one thousand eight hundred and forty-six, and until their respective successors shall be duly Annual appoint- appointed and qualified as herein provided; and in the month of May, eighteen hundred and forty-six, and in the month of May in each year thereafter, the court of common pleas of said county shall appoint one trustee, the county commissioners of said county one trustee, and the school directors of the school district composed of the borough of Nor ristown one trustee of said academy, to succeed the trustees whose term is about to expire, each of whom shall serve three years and until a successor shall be appointed and qualified; and if from any cause the proper appointing power shall neglect or omit to appoint any trustee within the time specified, such trustee may be appointed at any time thereafter during the year; in case the seat of any trustee shall become vacant by death or otherwise, another trustee shall be appointed in his place by the same authority by which he was appointed, to serve for the unexpired time of the trustee whose seat has become vacant.

ment of.

Term of office.

Vacancies.

Annual meetings.

Election of offi

cers.

Who ineligible.

SECTION 2. A meeting of the trustees shall be held at the academy on the second Monday of June in every year, at which they shall elect a president of the board out of their own number, a secretary, treasurer, and such other officers as may be directed to be elected by the by-laws, but neither the principal of the academy, nor any person appointed or acting as a teacher therein, shall be ex-officio a trustee, or be capable of holding any other office or appointment under the corporation, or of exercising any corporate authority whatever; there shall also be a Quarterly meet- meeting of the trustees at least once in every three months, at the ings. academy or other suitable place in the borough of Norristown.

Occupancy of academy.

SECTION 3. The school directors of the school district composed of the borough of Norristown, are hereby authorized to occupy one story of the academy, to be selected by the trustees of the academy, under such regulations as they shall prescribe for the public or common schools of said school district, if both stories of the academy shall not

e needed for the accommodation of the pupils learning the languages nd useful arts and sciences at the same; and the said trustees are ereby authorized, at their discretion, to also permit the said school firectors to occupy the other story of the academy, or the whole buildng, with the academy lot, for a public or common school "for the ducation of youth in the learned and foreign languages, the useful rts, sciences and literature," on condition such directors shall provide ompetent and suitable persons to teach such languages, arts, sciences nd literature: Provided, That every person residing within the county Admission of of Montgomery, out of said school district, desirous of being instructed pupils. a such languages, arts and sciences, shall be admitted as a pupil in aid academy on paying a reasonable compensation for his tuition, to be ixed by the trustees, whether the said languages, arts and sciences be aught under the direction of said trustees, or under said school directors, which arrangement the said directors are hereby authorized to make; nd said directors shall also have authority to admit any person not esident in said borough or county, as a pupil in the said academy to earn the languages, arts and sciences and literature, on such terms as he trustees and teachers or school directors may agree upon: And rovided also, That while the school directors shall occupy one story Repairs. of the academy, they shall keep the same in good order and repair, and pay to the trustees twenty-five dollars per annum, and while they shall Rent. occupy the whole of the academy and lot, they shall keep the same in

good order and repair, and pay the trustees fifty dollars per annum-the Application of whole amount of which rent or sums shall be paid on account of the lien rent. filed against said academy and lot, for curbing and paving the side walk on any street in front of said academy, until the amount thereof shall be satisfied, and thereafter the said rent shall be appropriated for im provements to the said academy and lot.

SECTION 4. Any agreement which has been or shall be entered into Agreement of by the present trustees of said academy with the school directors of the present trustees borough of Norristown school district, authorizing the said school confirmed. directors to occupy the said academy, or any part thereof, for the use of the common schools of said borough, is hereby declared to be good and binding for a period of one year, and the same may be renewed, or new contract or lease made agreeably to the provisions of this act: Leases. Provided, No contract or lease shall be for a longer term than two years.

SECTION 5. The trustees of the said academy are hereby authorized Trustees to pay and required to pay the amount of the claim filed for curbing and paving a certain claim. the side walk on Airy street, in front of said academy, as soon as practicable, out of any moneys which may come into their hands, or the hands of the treasurer of the academy; and if they shall have no other

means, they are hereby authorized to sell and convey to the purchaser Power to sell. or purchasers, in fee simple, in parts or altogether, so much of the said academy lot, not exceeding ninety feet deep from Marshall street continued, as may be necessary to pay the said claim; and in case the said trustees shall neglect or refuse to pay the said claim within two years after the passage of this act, it shall be lawful to issue process on the said claim on which the above mentioned part of the said academy lot hereby authorized to be sold, may be taken in execution, and be sold as any other lot or lands might be, upon a claim filed against the same for paving and curbing the side walks along such lot or lands.

SECTION 6. It shall not be lawful for the court of quarter sessions of Roads, &c. over Montgomery county, nor for any viewers appointed by said court, nor academy lot, profor any commissioners, to lay out any road, street, lane, or alley hibited. through or over the above mentioned academy lot; and all proceedings of said court which heretofore have been, or hereafter may be had for

laying out such road, street, lane or alley, shall be held to be null and void.

SECTION 7. If any person or persons shall erect and put up a brick Authority to exchange house and building, with stone basement, of at least the same length and height lot on conditions. as the said Norristown academy, and ten feet wider, or one equally capacious, in a substantial and workmanlike manner, and finish the same with an appropriate exterior, suitable for an academy, upon a lot or piece of ground suitably situated for an academy, and fronting on Airy street, or on De Kalb street, or on the south-east side of Sweede street, between the Quaker burial and meeting house land and Egypt street, or on the north-east side of Egypt street, between Stoney creek and Walnut street, containing at least two-thirds of the quantity of the present academy lot, and shall execute a good and clear title for such building and lot or piece of land, in fee, clear of all incumbrances, to the trustees of the said Norristown academy, for the trusts for which they shall hold the present academy and lot, and deliver possession thereof, the said trustees shall, in consideration thereof and in exchange therefor, execute a deed of conveyance for the present academy and academy lot, to the grantors of the said new building and lot, in fee simple, and such person, his heirs and assigns, shall hold the said academy and lot, Court to sanction free and discharged from all rights and claims whatsoever; but no such exchange. deed of conveyance shall be made until the court of common pleas shall appoint three competent and disinterested persons, to view and examine the said new academy and lot of land proposed to be exchanged for the academy and lot, and they shall report in writing that such building has been erected of the dimensions and in the manner above mentioned, and that it would be for the advantage of the academy to receive such new building and lot in exchange, as aforesaid, and the said court shall approve of the same.

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APPROVED-The sixteenth day of April, one thousand eight hundred and forty-five.

FRS. R. SHUNK.

Preamble.

No. 345.

AN ACT

To incorporate the Shaefferstown water company.

WHEREAS, Alexander Shaeffer, and Anna Engle, his wife, by their indenture, under their hands and seals duly executed, bearing date the sixteenth day of July, Anno Domini, one thousand seven hundred and sixty-three, for the consideration therein mentioned, granted and confirmed a certain tract of land, situate in the town of Heidelberg, county of Lebanon, together with a leading spring on the same, unto George

Ulrich and Frederick Albright, then trustees and overseers of said leading spring and tract of land, and their successors in office for ever, by deed recorded in the recording office of Lebanon county, in deed book F, page three hundred and eighty-two, for the use of the inhabitants of Market street, of the town of Heidelberg, now called "Shaefferstown;" the inhabitants of said Market street prayed for an act of incorporation, for the better management of said leading spring and tract of land.

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Name.

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 Incorporated. the inhabitants of said Market street, Shaefferstown, and their successors, be and they are hereby created one corporation and body politic in law, by the name and style of "Shaefferstown water company." SECTION 2. That the said corporation, by the same name and style Privileges and shall have perpetual succession, and be able to sue and to be sued, plead powers. and be impleaded in all courts of law and elsewhere, and shall be able and capable in law and in equity to take, purchase, hold, and to receive to them and their successors in trust, for and to the use of said company, lands, water-courses, tenements, goods and chattels of whatsoever kind, nature or quality, real, personal or mixed, which is now, or shall or may at any time hereafter become the property of the said company, or be held for the use of said company by gift, grant, bargain, sale, conveyance, devise, bequest or otherwise, from any person or persons whomsoever capable of making the same, and the same to grant, bargain, sell, mortgage, improve or dispose of for the use of the said corporation, if necessary, to erect, alter or enlarge any building, consistent with the improvement of the leading spring or other property belonging to the corporation, as may be directed by a majority of the members qualified to vote by the third section of this act, that may be present at a meeting to be held for that purpose, of which said meeting at least Meeting. ten days notice shall be given, by four printed or written handbills, put up at the most public places of said Market street, and adopt all such measures as may be lawful and necessary for the well being of the said corporation: Provided, That the yearly value or income of said estates Proviso. shall not any time exceed three thousand dollars.

SECTION 3. No more than one person in the same house, in said Votes. Market street, shall constitute a member of this corporation, and a qualified voter: Provided, That such person or persons be qualified to vote at general elections, and is entered on the poll list of this corporation six days prior to an election.

SECTION 4. The business of the company shall be conducted by a Officers. president, secretary, treasurer, and two fountain overseers, who shall be

elected annually by ballot; the treasurer shall give ample security on Of treasurer. his accepting the office, if required by the corporation, and shall receive and account for all moneys coming into his hands belonging to the corporation, and shall have his accounts annually settled by the fountain overseers, to be laid before and approved of by the company, at their annual elections for officers.

SECTION 5. The following named persons shall serve as officers until Officers pro temothers are elected, as is hereinafter provided, viz: George Renner, pre- pore. sident; George F. Miller, secretary; Henry Iba, treasurer; Thomas Bender and John Staly, fountain overseers; to continue in office until the third Saturday in April, Anno Domini, one thousand eight hun.... dred and forty-five, on which day the qualified voters of the company shall elect the required officers who shall serve for one year, and shall

annually thereafter hold their election for officers on said day, by notice Annual elections. given of such an election, as provided for in the second section of this

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