discipline of the Evangelical Lutheran church; nor to the constitution and laws of the United States, or of this commonwealth.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

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

dred and forty-four.

DAVID R. PORTER.

No. 73.

A FURTHER SUPPLEMENT

To the act entitled "An Act relating to county rates and levies, and township rates and levies," passed the fifteenth day of April, one thousand eight hundred and thirty-four.

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 it shall be the duty of the supervisors of the highways, of every townSchuylkill county ship and borough in the counties of Schuylkill, Northumberland and

Northumberland county.

Bucks county.

Carbon, annually, to select one of their number, or appoint some suitable inhabitant of the township or borough, to be collector of the road taxes levied or assessed for such township or borough; which supervisor, or other person appointed collector as aforesaid, shall give bond, with two or more sufficient securities, to be approved by the township or borough auditors, and deposited with them; which said bond shall be in the name of such township or borough, and the condition thereof shall be, that such collector shall well and truly collect and pay over to the township or borough treasurer, if one be elected or appointed, and if not, then to the supervisors, or account for according to law, the whole amount of the taxes charged and assessed, in the duplicate delivered to such collector: Provided, 'That nothing herein contained shall be construed to prevent all persons rated for road taxes, from working out their respective taxes, in the manner now provided by law.

SECTION 2. That it shall and may be lawful for the electors of every township and borough in the counties of Schuylkill and Northumberland, annually, at the time and place of electing supervisors, to elect a township or borough treasurer, who shall give such bond, and perform such duties, and be subject to the like penalties, as are provided for in the ninety-fifth, ninety-sixth, ninety-seventh and ninety-eighth sections of act of the fifteenth of April, one thousand eight hundred and thirtyfour, entitled "An Act relating to counties and townships, and county and township officers."

SECTION 3. In lieu of the commissions and per centage now by law allowed to collectors of state, county, township and school tax, in the county of Bucks, the said collectors shall be allowed and permitted to retain as compensation for their services, three per cent, on the amount collected, and no more.

SECTION 4. That so much of any act or acts of assembly, as author- Road taxes. izes the supervisors to assess the road taxes at a rate exceeding five mills on the dollar of the valuation, be and the same are hereby repealed, as far as relates to the counties of Crawford and Clearfield.

SECTION 5. That so far as any law is hereby altered or supplied, Repeal. be and the same is hereby repealed.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives,

WILLIAM BIGLER,

Speaker of the Senate.

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

dred and forty-four.

DAVID R. PORTER.

No. 74.

AN ACT

Supplementary to the several acts relating to the borough of Frankford, in the county of Philadelphia.

Election of coun

cilmen.

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 from and after the passing of this act, it shall be lawful for the freemen of the borough of Frankford, in Philadelphia county, who shall have resided therein ninety days immediately preceding the day of election, and who shall be otherwise qualified agreeably to the constitution and laws of this state, to vote for members of the general assembly, to meet together at the Cross Keys' tavern in said borough, and afterwards at such place within the borough as the council for the time being may appoint, between the hours of two and eight o'clock in the afternoon on the first Monday in May next, and then and there choose by ballot, out of such of the inhabitants residing within the said borough, who according to the constitution and laws of this state are eligible to be elected as members of the house of representatives, in the manner prescribed for choosing members of the said house of representatives, nine suitable persons for councilmen, three of whom shall serve for the term of one year; three for the term of two years; and three for the term of three years; to be determined by said council by lot, who shall have all the powers and authorities given by act of incorporation granted by the general assembly, March seventh, Anno Domini one thousand eight hundred, to the burgesses and assistants of said borough, and the several acts supplementary thereto, and on that day in the same month, annually thereafter, shall elect as hereinafter provided; also, shall be chosen at the same time and place annually, by the freemen as aforesaid, one suitable person for superintendent of highways, who shall, under the Superintendent of direction of councils, keep in repair all the streets, lanes, roads and highways. alleys in the aforesaid borough of Frankford, now opened for public use or which shall be opened under the act of fifth of April, one thousand eight hundred and forty-one, entitled "An Act to provide for a survey

Pay.

Quorum.

President.

of the borough of Frankford, in the county of Philadelphia," and shall level or grade such streets, lanes, roads or alleys, make such side walks, common sewers, drains, water courses and culverts, as said council shall direct, and shall be paid for his services a compensation of one dollar and fifty cents for each day necessarily employed in the performance of the duties of the office; in case of delinquency in said superintendent, the council shall have power to remove him, and in case of vacancy by removal, resignation or otherwise, the council shall appoint until the next election.

SECTION 2. That the said councilmen shall constitute a borough council, a majority of whom shall be a quorum to do business, which council and freemen duly qualified to elect as aforesaid, and their successors forever hereafter, shall be one body politic and corporate in law, by the name of "the council and inhabitants of the borough of Frankford," and shall have power to fill all vacancies that may occur in the body or any of the officers connected with it, until the next election.

SECTION 3..The council shall meet within ten days after the period of their election annually, and choose a president out of their body, who shall perform all the duties and have all the powers and authorities which are now performed by and enjoined on the chief burgess; in case of his absence a president may be chosen pro tempore; and it shall be the duty of the council on the day of their first assembling as aforesaid, Classification of to divide themselves into three equal classes, the first of which classes

council.

Regulators annulled.

Oath.

Repeal,

shall serve until the next election; the second until the second election following; and the third until the third election; at the expiration of the term of the first class, and annually thereafter, three suitable persons shall be chosen by the freemen of the borough as aforesaid, to serve for three years, so that three members of each board of councilmen shall be chosen annually.

SECTION 4. That from and after the passing of this act, the appointment of regulators as heretofore, is annulled, and the duties appertaining to offices of said regulators are hereby conferred upon and transferred to the surveyor of said borough, who is required to perform the same, and shall be paid for his services as councils may direct.

SECTION 5. That before any of the members of said council or other officers, shall enter upon the performance of the duties of their respective offices, they shall take and subscribe an oath or affirmation to support the constitution of this commonwealth and that of the United States, and that they will perform the duties of their respective offices with fidelity.

SECTION 6. That so much of the act of assembly, passed the seventh day of March, one thousand eight hundred, incorporating said borough, as is hereby altered, amended or supplied, be and the same is hereby repealed; and that all ordinances, resolutions and agreements, made or enacted by the burgesses and inhabitants of the borough of Frankford, shall remain and continue in full force and virtue, unless repealed by councils.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

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

and forty-four.

DAVID R. PORTER.

No. 75.

AN ACT

To incorporate the "Union mutual fire insurance company," of Myerstown,
Lebanon 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 John Bassler, Daniel Meyers, Daniel Stine, John Breitenbach, George Corporators. Pflegar, John Meyers, John Kreitzar, Samuel Morret, John Ramler, George Lindemuth, Benjamin Mengal, Leonard Immel, George Dinges, and all other persons who may hereafter be associated with them in the manner hereinafter prescribed, and their successors, shall be, and they are hereby constituted and declared to be a body politic and corporate by the name, style and title of the Union mutual fire insurance com- Name. pany of Myerstown, Lebanon county," and by the same name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded in all courts of record, or elsewhere, and to purchase, receive, have, hold and enjoy to them and their successors, lands, tenements, rents, annuities, franchises and hereditaments, goods and chattels of what kind soever, and choses in action, and the same to sell and dispose of from time to time; and also, to make and have one common seal, and the same to 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 said corporation, not being contrary to this charter, or the laws of the United States, or of this commonwealth; and generally to do and transact all such matters and things as shall to them lawfully appertain to do and transact for the well-being of the said corporation, and the due management and well ordering of the affairs thereof: Provided, That the clear Proviso. yearly value or income of the necessary houses, lands, tenements, rents, and annuities, or other hereditaments and real estate of the said corporation, and the interest of money loaned by it, shall not exceed the sum of two thousand dollars.

SECTION 2. The object and business of the said company shall, and Object. is hereby prescribed to be the insurance of their respective dwelling houses, stores, shops and other buildings, household furniture, goods and chattels, and other property against loss or damage by fire, by engaging to pay such a proportion of the actual loss as shall be determined on by the by-laws.

SECTION 3. All persons who shall hereafter insure with the said cor- Members. poration, and also their heirs, executors, administrators and assigns, continuing to be insured in the said corporation, as is hereinafter provided, shall thereby become members thereof during the period they shall remain insured by the said corporation, and no longer.

SECTION 4. The affairs of the said company shall be managed by a Directors and offiboard of directors, consisting of seven members, to be elected and cers. chosen as hereinafter provided; which board shall elect from their own number one person as president, they shall also elect or appoint one person as secretary of the board, and one person as treasurer, of whom they shall require such security as they may provide by their by-laws,

Elections.

Expenses, loans,

&c.

Policy void.

Losses.

Suits.

and may employ such other officers, clerks, agents and attorneys, as may be found necessary for the transaction of the business of the institution; and shall also determine the rates of insurance and the sum to be insured; a majority of said board shall constitute a quorum to do business.

SECTION 5. The members of the company shall, upon ten days notice in one newspaper published in the county of Lebanon, meet at their office on the last Saturday in December, in each year, for the purpose of holding an election for directors, and such election shall be held under the inspection of three members, to be chosen by the members who may attend at the time and place of holding the election; such election of directors shall be by ballot, and a majority of the votes given to elect; and the directors so elected shall continue in office until the last Saturday in December, in the succeeding year, or until others are elected, on which day, and annually thereafter, an election shall be held for directors as is provided in the first part of this section, and each member shall be allowed one vote, and no more. In case of the death, resignation or removal from the county of any of the board of directors, the board shall have power to fill such vacancy until the ensuing annual election.

SECTION 6. Every person who shall become a member of this company by effecting insurance therein shall, before he receives his policy, deposite with the treasurer the sum of fifty cents for every thousand dollars worth of property he shall have insured, for the purpose of defraying such incidental charges as shall be necessary for transacting the business of said company; and it shall be lawful for the said company to loan such portion of the said money on hand as may not be immediately wanted for the purpose of said company, to be secured by mortgage or judgment upon real estate of sufficient value, beyond other incumbrances to render the same perfectly secure.

SECTION 7. When any property insured with this company shall be aliened by sale or otherwise, the policy shall therefore be void, and shall be surrendered to the directors to be cancelled.

SECTION 8. Every member of said company shall be bound to pay for losses, and such necessary expenses aforesaid, accruing in said company, in proportion to the amount of property insured by him or her.

SECTION 9. Suits at law may be prosecuted and maintained by any member against the said company for losses and damages by fire, if payment be withheld or refused for more than three months after the company are notified of such losses; no member of the company not being in his individual capacity a party to the suit or suits. shall be incompetent as a witness on account of his being a member of the company.

SECTION 10. The directors after ascertaining the amount of loss or Loss, how paid. damage, by fire, sustained by any of its members in such manner as they, by their by-laws shall prescribe, shall settle and determine the amount to be paid by each member, as their respective shares of such loss or damage, and publish the same in such manner as they by their by-laws may prescribe; and the members shall pay the same to the treasurer of the company within thirty days after the publication of said notice; on neglect or refusal to pay the sum assessed upon him as a proportion of any loss as aforesaid, in such case said company may sue for and recover the said amount with costs of suit.