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No. 174.

AN ACT

To prevent the destruction of insectiverous birds and game, in the counties of Philadelphia, Northampton, Bucks, Lancaster, Dauphin and Luzerne.

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, it shall not be lawful for any person in the counties of Philadelphia, Luzerne, Northampton, Bucks, Lancaster and Dauphin, to shoot, kill or otherwise destroy, during the months of March, April, May, June, July and August, in each and every year thereafter, any robin, flicker, blue bird, woodpecker, sapsucker, thrush, or other insectiverous bird, under a penalty of five dollars for each and every offence.

SECTION 2. That from and after the passage of this act, no person Time prescribed. shall shoot or otherwise kill, in the said counties, any pheasant between the first days of February and September, nor any partridge between the first day of February and the twentieth day of September, nor any woodcock between the first of January and the first day of July, nor any rabbit between the first day of February and the fifteenth day of October, in any year hereafter, under a penalty of ten dollars, for each and every offence.

ing out of season.

SECTION 3. No person shall buy or cause to be bought, or carry out Penalty for buy- of said counties, for the purpose of supplying any private or public house or market, any pheasant, partridge, woodcock or rabbit, unless the same shall have been shot or taken in the proper season, as provided in this act, under a penalty of ten dollars, for each and every offence. SECTION 4. Any person offending against any of the provisions of Recovery of fines. this act, shall forfeit and pay the sum or fine attached to the same, with all costs and charges, which may be recovered before any alderman or justice of the peace for the counties aforesaid, as debts of similar amount are by law recoverable, the one-half of the fine for the use of the informer, and the other half for the use of the county.

Construction.

Trespass.

Repeal.

SECTION 5. That this act shall not prevent any person or persons from shooting or otherwise killing game or insectiverous birds, on his, her or their own property, at any season of the year.

SECTION 6. That this act shall not interfere with any existing law or laws, to prevent trespass, or the firing of guns near public highways. SECTION 7. That any act or acts conflicting with the provisions of this act, are and the same are hereby repealed.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

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

and forty-four.

DAVID R. PORTER.

No. 175.

A SUPPLEMENT

To an act, entitled "An Act to incorporate the Luthersburg and Punxatawney turnpike road company, and for other purposes," passed sixteenth April, A. D. one thousand eight hundred and thirty-eight.

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 all the provisions of the fourth, fifth, sixth, seventh and eighth sections of the original act to which this is a supplement, are hereby revived and Lancaster and re-enacted; and that the president and managers of the Lancaster and Litiz turnpike Litiz turnpike road company, incorporated by the act aforesaid, shall road company. commence the said work within three years, and shall complete the Commencement same within six years from the passage of this supplement, according to and completion of the true intent and meaning of the act to which this is a supplement. work.

SECTION 2. In addition to the commissioners named in the original act to which this is a supplement, the following named persons are appointed commissioners, to wit: David Longenecker, John Spickler, Commissioners. senior, J. L. Sharp, Robert Moderwell, J. S. Hostetter, John Evans, John Dougherty, G. B. Shober, Christian Stehman, B. H. Kauffman, Thomas Baumgardner and Isaac Hollinger, the said commissioners now appointed to act in conjunction with the commissioners appointed in the original act, and are fully authorized to do and perform the several duties required by the said act.

SECTION 3. The president and managers of the said Lancaster and Location. Litiz turnpike road company, may, when elected, direct the said road to commence and be laid out, either from North Queen street, in the city of Lancaster, or from North Duke street, where James street crosses the same, in said city.

SECTION 4. The said president and managers are authorized to erect Tolls. such toll gates as may be necessary for the proper collection of tolls, according to the provisions of the original act: Provided, That no more than three toll gates shall be erected upon said road.

SECTION 5. So much of the original act as is hereby altered or sup- Repeal. plied, be and the same is hereby repealed.

SECTION 6. That the time for completing the Bald Eagle, Nittany, Bald Eagle, Nitand Brush Valley turnpike road, in Clinton and Centre counties, be and tany and Brush the same is hereby extended ten years, from the fourth of April, one Valley turnpike road, time for thousand eight hundred and forty-four, any thing in the act of the fourth completion exof April, one thousand eight hundred and thirty-seven, to which this is tended. a supplement, to the contrary notwithstanding.

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

and forty-four.

DAVID R. PORTER.

Preamble.

Name.

No. 176.

AN ACT

To incorporate the Mercantile beneficial association of Philadelphia.

The Mercantile beneficial association of Philadelphia having been organized for the purpose of alleviating the condition of such of its indigent members as may be suffering from sickness, or want of employment, or other causes, and for the promotion of the common welfare of the members thereof; and being desirous as a means for the better accomplishment of their benevolent objects, to be constituted a body politic and corporate:

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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 Mercantile beneficial association of Philadelphia, is hereby constituted a body politic and corporate in deed and in law, by the name, style and title of the "Mercantile beneficial association of Philadelphia, which corporation shall consist of all persons who are now members, or shall hereafter be admitted as such, agreeably to the by-laws of the said association; and by the said corporate name shall have perpetual succession, and shall be forever capable in law, to take, hold and sell real Powers and pri- estate, in fee simple, or otherwise, and to mortgage and let the same; vileges. and take and hold real or personal estate, by gift, grant, devise or bequest, or other lawful means, and sell or dispose of the same; to have a common seal, and the same to break, alter and renew at pleasure; to sue and be sued, and generally to do all such matters and things that may be lawful and necessary for them to do for the furtherance of the objects recited in the preamble to this act.

Seal.

Managers.
Election.

Organization.

By-laws.

Prohibition.

SECTION 2. The affairs of the association shall be conducted by a board of managers, consisting of twenty members, who shall be elected by ballot, at a general meeting of the members of the association, on the second Tuesday of November of each and every year, (of which, at least six days notice shall be given in three newspapers of the city of Philadelphia,) and shall continue in office for one year, and until their successors shall be duly elected and organized.

SECTION 3. The members elected as a board of managers shall meet on the first Monday after their election and organize their board by electing by ballot, a president, treasurer and secretary, but no person shall hold the office of president or treasurer, who is not a member of the board of managers.

SECTION 4. The board of managers shall have the control of all the accounts, moneys and property of the association, and may appropriate the funds thereof in such manner as may appear to them most conducive to the interests and objects of the association; they shall have full power to make such by-laws as may be deemed necessary to effect the objects of the association: Provided, Such by-laws are not repugnant to or inconsistent with the constitution and laws of this state, or of the United States: And provided, further, That the privileges hereby granted shall not be used for banking purposes, nor shall the annual income of said association at any time exceed twenty thousand dollars.

SECTION 5. Every member shall pay annually to the association a Annual dues. sum of money to be fixed by the board of managers, and no member shall be eligible to any office, or shall be entitled to vote at any election for officers until he shall have paid the sum so fixed for the year within which such election shall be held.

SECTION 6. The treasurer shall hold his office during the pleasure of Treasurer. the board of managers, and the books, papers, moneys and accounts in his possession shall be at all times subject to their inspection and control: he shall give security to the board of managers, to be approved by them for the faithful application of all moneys of the association that may come into his hands.

SECTION 7. At every annual meeting held in pursuance of the second Report of affairs. section of this act, the board of managers shall make a full report of the condition and affairs of the association, and of all their proceedings dur

ing the terms for which they shall have held office.

SECTION 8. The board of managers at present in office shall be and First managers. remain so until their successors shall be duly elected and organized as

herein before provided.

SECTION 9. The legislature reserves the right to modify, alter, or Legislative reserannul the privileges hereby granted, in such manner, however, as to do vation. no injustice to the corporators.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

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

and forty-four.

DAVID R. PORTER.

No. 177.

AN ACT

For the relief of John A. Smith, and others, soldiers and widows of soldiers of the
Revolutionary and Indian wars.

Counties 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 the state treasurer be and he is hereby authorized and directed to pay to John A. Smith, Samuel Henderson, James Patrick and Peter Gordon, of Westmoreland county; Patrick Kelly, John Ross, Abraham Lowman, Westmoreland, Jane Campbell, Eleanor E. Wilkins and Agnes Culbertson, of Indiana Indiana, York, county; Nicholas James, Mary Edgar, Dorothy Jacobs, Catharine Depuy and Polly Steel, of York county; Henry Amey and Elizabeth Dannenhower, of Philadelphia county; Elizabeth Castedor and Ann Philadelphia, Elizabeth Youngman, of Union county; John Boney, Robert Simpson Union, Armand Mary Davis, of Armstrong county; David Gehr and Anna Collins, strong, Crawford,

Crawford, of Crawford county; Lydia Lemon and Mary Potts, of Dauphin counDauphin, Bucks, ty; George Nicholas, of Bueks county; Mary Smith, of Montgomery Montgomery, Le- county; Susanna Ditlow, of Lehigh county; Catharine Miller, of Frankhigh, Franklin, lin county; Barbara Stealy, of Allegheny county; Nancy Dailey, of Allegheny, Mer- Mercer county; Mary Myers, of Lancaster county; Margaret Spang, cer, Lancaster, Cumberland, Per- of Cumberland county; Ruth Murphy, of Perry county; Sophia ry, Lebanon, Lu- Albrecht, of Lebanon county; Martha Bennet, of Luzerne county; zerne, Northum- Barbara Ritter, of Northumberland county; Nancy Blair and Barbara berland, West Snyder, of Westmoreland county; Susanna Erdman, of Montgomery moreland, Bucks, county; Mary Doyle, of Bucks county; Mary Catharine Palmiteer, of Lancaster, IndiLancaster county; Jacob Leibengood, Jacob Bricker, Andrew Maglaughana, Northampton, Philadelphia lin and Mary Huston, of Indiana county; Elizabeth Eckart, Lebina city, Westmore- Kintz and Nancy Sillyman, of Northampton county; Christiana Bergland, Greene, meyer, of the city of Philadelphia; Martin Gray, Margaret Barnet, Fayette, Lancas- Francis Davidson and James Duncan, of Westmoreland county; Robert ter and Tompkins Cather, of Greene county; Ann Cromlow, of Fayette county; George county, N. Y.

Washington,

Wentling, of Lancaster county, and Leah Collins, of Tompkins county, New York, soldiers and widows of soldiers of the Revolutionary and Indian wars, or their respective orders, forty dollars each, immediately, as a gratuity; and forty dollars per annum, each, during life, payable half yearly, to commence on the first day of January, one thousand eight hundred and forty-four.

SECTION 2. The state treasurer is hereby authorized and required to Allegheny, Indi- pay to Alexander Gunn, of Washington county; James Stewart, of ana, Bucks, Ly- Allegheny county; George A. Smouse, of Indiana county; Philip Alum, coming and Mon- of Bucks county; Margaret Dimm, of Lycoming county, and Susanna Van Fliet, of Monroe county, a gratuity of forty dollars to each, immediately, in full for the services performed by them; and also the widows above named, for the services performed by their late husbands in the revolutionary war; the foregoing pensions and gratuities to be paid in conformity to the existing laws.

roe.

Gratuities.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

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

and forty-four.

DAVID R. PORTER.

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