No. 117. AN ACT To annul the marriage contract of Ezekiel Daniels, and Candace, his wife. 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 marriage contract entered into by Ezekiel Daniels, and Candace, his wife, be and the same is hereby annulled and made void, and the parties released and discharged from the said contract, as fully and effectually and absolutely, as if they never had been joined in marriage. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. We do certify that the bill, entitled "An Act to annul the marriage contract of Ezekiel Daniels, and Candace, his wife," was presented to the governor on the nineteenth day of March, one thousand eight hundred and forty-four, and was not returned within ten days, (Sundays excepted.) after it had been presented to him; wherefore, it has, agreeably to the constitution, become a law in like manner as if he had signed it. WILLIAM JACK, Clerk of the House of Representatives. JOHN J. M'CAHEN, HARRISBURG, April 1, 1844. Clerk of the Senate. No. 118. AN ACT To authorize the adjutant general to furnish the Goshenhoppen Dragoons with arms. SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the adjutant general of this commonwealth be and he is hereby authorized and required to issue, upon the requisition of the proper brigade inspector, out of any arms remaining in any of the state arsenals, the usual number of holsters and pistols, sabres and belts, for the use of the Goshenhoppen Dragoons, a volunteer company of cavalry of the second JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. We do certify that the bill, entitled "An Act to authorize the adjutant general to furnish the Goshenhoppen Dragoons with arms," was presented to the governor on the nineteenth day of March, one thousand eight hundred and forty-four, and was not returned within ten days, (Sundays excepted,) after it had been presented to him; wherefore, it has, agreeably to the constitution of this commonwealth, become a law in like manner as if he had signed it. WILLIAM JACK, Clerk of the House of Representatives. HARRISBURG, April 1, 1844. Clerk of the Senate. No. 119. A FURTHER SUPPLEMENT To an act, entitled "An Act to incorporate the Spring Garden fire insurance company of the county of Philadelphia." 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 passage of this act and the acceptance thereof by the stockholders of the said Spring Garden insurance company, as provided by the said act, it shall and may be lawful for any and every person or persons to insure marine, firc, and inland transportation risks with the said company, and to be entitled to a share of any profits which may be made by such insurances, to be declared and divided as hereinafter directed by the provisions of this act. Incorporation. Affairs. SECTION 2. The directors shall on the first Monday in November, in each and every year, cause a balance to be struck of the affairs of the company, and if there shall be a surplus after paying losses and expenses of the company, (and reserving a reasonable amount for contingencies,) for the year preceding the same, they shall first set aside a sum not exceeding six per cent. on the actual value of the capital stock of said company out of the said surplus, which valuation shall be estimated by Surplus. said directors for that purpose, and the balance shall be divided, onehalf to the insured persons and one-half to the stockholders; each insured person shall receive such a proportion of said surplus as the premiums paid by him on risks determined may bear to the entire collective amount of premiums earned; and each stockholder shall receive Six per cent. Certificate. Dividend. Profits, losses, &c. Amount of certificates limited. Transfers. such a proportion of the same as the stock so valued held by him may bear to the entire collective amount of said stock, which shall be added to the stock held by him, until each share shall amount to fifty dollars. SECTION 3. Within thirty days after the yearly balance of the affairs of the said company shall be struck, the directors shall cause to be paid to the stockholders in cash, not exceeding six per cent. on the valuation of their stock from the interest and profits on investments, and for the balance of the surplus profits they shall issue the company's certificate to such insured person and stockholder, agreeable to the provisions of the last and succeeding sections, stating the amount of such surplus which shall be ascertained to be due him on striking said balance; such certificate shall be entitled to an interest or dividend not exceeding six per cent., to be paid from interest and profits on investments. SECTION 4. The profits of the said company shall in no case be withdrawn, (except as herein provided,) but shall remain equally with the capital stock, liable to all losses and expenses thereof, such liability to be expressed on the face of said certificates; and no dividends shall be declared or certificate issued, nor interest paid, either to stockholders or certificate holders, when the capital stock shall be reduced by losses or expenses, nor shall any interest be paid on certificates of surplus profit, until the interest on the stock of said company shall first be provided for. SECTION 5. No certificates shall issue for any sum less than ten dollars nor for any fractional part of ten dollars, but amounts not less than one dollar shall be credited on the books of the company; and if they amount to ten dollars at any time within five years, a certificate may issue therefor, otherwise they shall be carried to the credit of the company; the said certificates shall not be transferable except on the books of the company, and a transfer book shall be kept for that purpose; no certificate shall issue to any person who is in debt to said company, and no transfer shall be permitted so long as the holder is indebted to said company certificates shall be subject to and bound by any judgment the company may obtain against the holder thereof, and the interest of said holder may be sold under an execution issued on said judgment, as any other species of personal chattel; no certificate shall issue unless claimed within five years after the declaration of the dividend whereof it is evidence; but the amount thereof shall, at the expiration of that Banking prohibi- time, be carried to the credit of the company: Provided, That said company shall not exercise any banking privileges or issue any certificate or other paper to be used or circulated as bank paper. Judgments. Execution. ted. Liability. Insurances. When to go into operation. SECTION 6. The capital stock, the certificates issued as aforesaid, the premiums paid and agreed to be paid, the property, effects, rights and credits of the said company shall alone be liable for the losses, debts, contracts and engagements of said company, made in pursuance of this act or the act or acts to which this is a supplement. SECTION 7. Perpetual or permanent insurances may be taken, and five per cent. on deposites for said insurances may be computed as an annual premium, and like dividends made thereon. SECTION 8. This act shall have full force and effect as soon as stockholders holding upwards of one-half of the capital stock of the said company shall have signified their assent thereto in writing, by themselves, or their attorney duly constituted, which said assent shall be recorded in the office for recording deeds in and for the city and county of Philadelphia, a certified copy whereof, under seal of said office, shall be evidence of the acceptance by the stockholders of this act in all courts of record in this commonwealth or elsewhere, and also of the right to exercise all the corporate privileges and immunities granted to said company by this act. SECTION 9. That as soon as this act shall be accepted and recorded, the said corporation shall assume the title of and make insurances as Insurance. directed by the provisions of this act, as the Spring Garden mutual insurance company; and the stockholders of the Spring Garden insurance company shall thereafter cease to be liable for the payment of any further instalments on stock; and the said association, under the title of the Spring Garden mutual insurance company shall have, take, possess and enjoy all the necessary powers for the purpose of carrying into effect the provisions of this act, and all the estates, rights and effects, real and personal whatsoever, of the said Spring Garden insurance company, together with all the corporate rights and privileges granted to said Spring Garden insurance company, and subject to all the conditions and restrictions thereof: Provided, That nothing contained in this act shall impair Proviso. or alter any legal existing right or privilege consequent upon any agreement, insurance, or contract made by or with said company, prior to the acceptance of this act. SECTION 10. No member of this corporation, not being in his indi- Qualification of vidual capacity a party to any suit by or against said corporation, shall witnesses. be incompetent as a witness. SECTION 11. When the net profits or surplus remaining in the pos- Redemption of session of the company shall exceed the sum of three hundred thousand certificates. dollars, the excess may be applied to the redemption of the certificates issued by the company, in such manner and at such times as the directors thereof may deem proper and expedient; and all claim or right to any interest or dividend on said certificates shall cease after two weeks notice, published in two of the daily papers of the city of Philadelphia, that the company will redeem the same; and if the holders of said certificates shall not within five years thereafter, present the same for payment, the said certificates shall be cancelled on the books of the company. SECTION 12. Within thirty days after the yearly statement made in Affairs. November, in each year, the officers of the company shall cause to be made and printed, a general balance sheet of the affairs of said which shall contain company, First. The amount of premiums received during the previous year, Premiums. specifying what amount was received for fire risks, and what amount on marine and inland risks. Expenses. Second. Amount of expenses of company during the year. Balance. Fifth. The nature of the security on which the same is invested, spe- Securities. cifying what amount is invested on real security, what in stocks, what amount in state or national loans, what amount in other securities, and what amount in cash on hand. SECTION 13. A printed copy of this statement shall be delivered to Statement. each member on request, and the said statement shall be published in two daily newspapers in the city of Philadelphia. SECTION 14. That it shall be lawful for the said corporation to hold and dispose of, on ground rent or otherwise, at their discretion, all the real estate in the city and county of Philadelphia, which has been here Powers. Repeal. tofore conveyed to them, (either by the corporate name and style of the Spring Garden fire insurance company of the county of Philadelphia, or of the Spring Garden insurance company,) and also all the real estate which they shall hereafter purchase at sheriff's sale, and on which, at the time of such sheriff's sale, they shall hold a lien by mortgage or judgment; and the said corporation, in addition to the other modes of investment already authorized, shall and may, at their discretion, invest any of their funds in the purchase of ground rents, and are hereby authorized to take and hold and dispose of such ground rents. SECTION 15. So much of the act to which this is a further supplement, and the various acts amendatory thereof, as are hereby altered or amended, or are inconsistent herewith, shall be and the same are hereby repealed. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The second day of April, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 120. AN ACT To annul the marriage contract of Henry A. Boteler and Sophia, his wife. 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 marriage contract heretofore entered into between Doctor Henry A. Boteler and Sophia, his wife, be and the same is hereby annulled and made void, and the parties released and discharged from the said contract, and from all legal duties and obligations arising therefrom, as fully and effectually, as if they never had been joined in marriage. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. We do certify that the bill, entitled "An Act to annul the marriage contract of Henry A. Boteler and Sophia, his wife," was presented to the governor on the twentieth day of March, one thousand eight hundred and forty-four, and was not returned within ten days, (Sundays excepted;) wherefore, it has, agreeably to the constitution of this commonwealth, become a law in like manner as if he had signed it. WILLIAM JACK, Clerk of the House of Representatives. JOHN J. M'CAHEN, HARRISBURG, April 1, 1844. Clerk of the Senate. |