Proviso. Quarter Sessions of the proper county, or to be recovered as debts of equivalent amount are by law recoverable, unless herein otherwise specially provided: Provided always, That Justices, &c. aldermen or justices of the peace shall not have jurisdiction not to have ju- of any suit or action, for the recovery of any penalty impo risdiction &c. sed by this act for official misconduct, and that such suit or action, when brought in the court of Common Pleas of the proper county, shall have a preference for trial over all other actions. SECTION 116. Nothing in this act contained, shall be so Local provi- construed as to repeal any special provision heretofore made by law, for any city, borough, district or township in this com monwealth. sions not re pealed. Act to take ef fect 1st Sept. 1834. SECTION 117. This act shall take effect from and after the first day of September next, and all such acts or parts of acts of Assembly, as are hereby altered or supplied, are from and after said day repealed, except as provided for in the preceding section, and except so far as to complete any proceedings which may have been commenced before that time. APPROVED-The fifteenth day of April, Anno Domini, eighteen hundred and thirty-four. GEO: WOLF. No. 248. A SUPPLEMENT To an act entitled, An act for laying out, making and keeping in repair the public roads and highways within this commonwealth and for laying out private roads so far as respects the township of Hopewell in the county of York, and for other purposes. 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 citizens of the township of Hopewell qualified to vote for members of the general assembly shall on Hopewell t'p the third Friday of March next, elect by ballot three qualified citizens aforesaid, who shall be the supervisors of the roads or highways of said township of whom the highest in vote shall Citizens of to elect 3 su pervisors of the roads. super serve three years, the next highest two years, and the next highest one year, and their places respectively be supplied by the annual election of another citizen, qualified as aforesaid, to serve for three years, and if at any time no such election should be held under the provisions of this act, or if any of said Vacancier, visors should die, remove from the township, or decline to serve in said office, it shall be the duty of the court of Quarter Sessions, of the county of York, to appoint a proper person or persons to supply such deficiency and to fill the said office until the next general election. how filled. SECTION 2. Every supervisor clected or appointed as afore- Oath of office. said shall before he enters on the duties of his office take and subscribe an oath or affirmation before some justice of the peace of said township of Hopewell, diligently, faithfully and impartially to perform the several duties enjoined on him by this act and the act to which this is a supplement, to the best of his judgment and ability, without favor or affection, hatred, malice or ill-will, which oath or affirmation, the officer before whom the same is taken and subscribed, shall certify under his hand and seal and deliver the same to the clerk of the court of the Quarter Sessions of the county of York to be filed in his office. lic notice SECTION 3. The said supervisors shall proceed to divide Supervisors the public roads in said township into as many sections or di- to divide road visions as they may deem most expedient for the advantage of into sections. the same, and expose the keeping of the same in repair, for any For keeping term not exceeding three years, to public sale, due notice of the in repair pub. time and place of the sale thereof being generally given through shall be given said township, by ten or more notices, placed in the most pub- of sale. lic places of said township, at least ten days before the sale thereof, and that the same be struck off to the lowest bidder or bidders, he, she or they, giving to said supervisors approved security for the faithful performance of their contract, as also an indemnity to said supervisors against any loss they may have sustained on account of any fine or otherwise, which might be inflicted agreeably to the twelfth section of the act to which this is a supplement. SECTION 4. Said supervisors are hereby bound to discharge Duties of suin every respect all the duties of supervisors, agreeably to the pervisors. existing laws to which this is a supplement, and liable to all Penalty for such fines and penalties for neglect, or otherwise, which the neglect. supervisors of the roads and highways are liable, agreeably to the existing laws of this Commonwealth. SECTION 5. So much of the act to which this is a supple- Repeal. ment, as is hereby altered or supplied, is hereby repealed. SECTION 6. The supervisors of the several townships of the Supervis'rs of county of Delaware, are hereby authorized and required to keep Delaware c'ty in repair the roads between the wing walls of the public bridges to keep in rein their respective townships. And they are also required to pair roads &c. give the county commissioners early notice of any repairs that may be necessary upon said bridges. WM. PATTERSON, Speaker of the House of Representatives. JACOB KERN, Speaker of the Senate. APPROVED-The fifteenth day of April, one thousand eight hundred and thirty-four. No. 249. GEO: WOLF. AN ACT To incorporate the Southwark Fire Insurance company, of the county of 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 D. Grover, Samuel H. Traner, Joseph M. Doran, John Keefe, William G. Alexander, William O. Commissio'rs Kline, James A. Campbell, Robert L. Loughead, Andrew Hooappointed. ton, John Codens, John Oakford, Frederick G. Wolbert, Joseph S. Tryon, Frederick A. Raybold, Charles Rizer, Andrew Kilpatrick, Richard Peltz, Peter Williamson, Coburn Whitehead, John F. Stump, John Savage, Samuel Grant, Robert Desilver, George Handy, John Richardson, Thomas G. Hollingsworth, Joseph Solens, John R. Newman, Hartman Kuhn, G. W. Ir wine, John J. Krider, Joseph J. Money, Lemuel Paynter, jun ior, Jesse R. Burden, George G. Barclay, Walter Thompson, Francis Bruel, William Freeston, Philip Pelts, junior, Benjamin Martin, Michael Cochran, Samuel Hergesheimer, Henry Elwell, Daniel Lafferty, James Ronaldson, George M'Leod, Charles Penrose, Thomas Sparks, George Snyder, Weston Donaldson, Samuel Keith, Benjamin Jones, jr. John Neff, Henry Bird, Alexander Symington, John Prentis, John Bell, Hugh Catherwood, William Rheiner, Isaac Garitson and Joseph C. Clark, are hereby appointed commissioners for receiving subscriptions to the stock of a company, to be called "The PeoForm of sub-ple's Fire Insurance company, of the county of Philadelphia," and shall open a book for that purpose in the county of PhilaNotice of the delphia, at a time and place by them appointed, of which they opening of the shall give not less than ten days notice in two daily newspapers, published in the city of Philadelphia, and the said books shall be kept open for two days between the hours of ten and two scription. books. o'clock on each day, until the number of two thousand shares at one hundred dollars per share shall be subscribed, after which the books shall be closed and all persons of lawful age being citizens of the United States of America, shall be permitted to subscribe to the said stock, and on the first day on which the said books shall be opened, no person shall be permit ted to subscribe for more than five shares, but if the whole of the said stock shall not then have been subscribed, the commissioners shall on the second day thereafter permit any person or persons aforesaid to subscribe for any number of the shares remaining: Provided, That if the subscriptions on the Proviso. first and second days should exceed the number of two thousand shares, the shares of each subscriber shall be reduced in proportion, so however that no individual shall without his con$5 to be paid sent have his subscription reduced below two shares: And at the time of provided also, That the sum of five dollars be paid upon each subscribing. share of stock at the time of subscribing for the same. 2d proviso. No. of shares subscribed corporation. SECTION 2. When the whole number of shares in the capi- When whole tal stock as aforesaid, shall have been subscribed, the said commissioners shall certify to the Governor, under their hands and commissio'rs seals the names of the subscribers and the number of shares by shall certify them subscribed respectively, and the Governor shall thereupon to Governor. by letters patent under his hand and seal of the State, erect and create the subscribers into one body polític and corporate in deed and in law, by the name, style and title of "The Southwark Style of Fire Insurance company, of the county of Philadelphia," to be located in said district, by which name and title the said subscri- Privileges & bers shall have perpetual succession, and shall be able to sue liberties. and be sued, plead and be impleaded in all courts of record and elsewhere, and to purchase, receive, have, hold and enjoy to them and to their successors, lands, tenements and hereditaments, goods and chattels, of what nature, quality or kind soever, real, personal or mixed or choses in action, and the same from time to time to sell, demise, grant, alien or dispose of: Provided, That the Proviso. real estate shall be only such as shall be necessary to accommodate the said corporation in the transaction of the business thereof, or shall be taken and held in security for the payment of debts due the corporation, and that the yearly income of the said real estate, shall not at any time excced the sum of ten thousand dollars: And provided also, That the said company shall have authority to make and have a common seal and the same to break, alter and renew at pleasure, and also to ordain, establish and put in execution such by-laws, ordinances and regulations, as shall appear necessary and convenient for the government of the said corporation, not being contrary to the constitution or laws of the United States, or of this State, and generally to do all and singular the matters which to them shall lawfully appertain to do for the well being of the said corpora tion and the management and ordering of the affairs thereof, 2d proviso. How trans ferable. SECTION 3. The capital stock of The Southwark Fire InCapital may surance Company of the county of Philadelphia," may be here be increased after increased to any sum not exceeding four thousand shares, not exceeding of one hundred dollars each, if the holders of two-thirds of the 4000 shares. stock shall at any of their meetings, regularly convened, so order, and the increase shall be subscribed for in such manner and on such terms as they shall direct. The capital stock of the company by this act incorporated, as well as the stock which may be created in addition to it by the increase afore said, shall be held by the proprietors thereof, and be transferable by them or their assigns, respectively, on the terms and in the manner hereinafter specified, that is to say, each and every subscriber shall, within ten days after public notice given by the president and directors, in any two of the daily papers printed in the city of Philadelphia, pay or cause to be paid to the said president and directors, for the use of the said corporation, the amount of the shares so subscribed, in such sum or sums, at such time or times as they, the said president and directors, shall in their discretion direct and appoint, and if any subscriber, his or her assignee or transferee, shall refuse or neglect to pay the first or any subsequent instalment called for and demanded by the president and directors as aforesaid, such subscriber, his or her assignee or transferee, shall forfeit each and every share on which the payment shall not be duly made on account of the share or shares so forfeited, and new subscriptions may be opened and received for the share or shares so forfeited, at the discretion of the stockholders of the said corporation. elected annu ally. SECTION 4. For the well ordering of the affairs of the said Ten directors corporation, there shall be ten directors, who shall be citizens of this Commonwealth and stockholders of the said corporation, holding at least two shares each in their own right, elected annually on the first Monday in January by the stockholders, at their general meeting for that purpose assembled, public notice of the time and place of holding such election having been given in at least two newspapers in the city of Philadelphia, not less than five days previous to holding the same, and the directors at their first meeting after each election shall choose Choose one of one of their number as president, but in case it should happen their number at any time that an election of directors should not be made president. upon any day when pursuant to this act it ought to have been made, the corporation shall not for that cause be deemed to be dissolved, and it shall be lawful on any day within thirty days thereafter to hold and make an election of directors, in such manner as shall be regulated by the by-laws and ordinances of the said corporation, and in case of any director's death or resignation, his place may be filled, for the remainder of the year, in such manner as the ordinances of the said corporation shall for that purpose direct: Provided, That the first election of directors shall be held at a time and place to be appointed by the Vacancies, how filled. Proviso. |