sum of five dollars for every such offence, to be recovered as aforesaid; but no suit shall be brought for any of the aforesaid offences, unless commenced within thirty days after such offence shall have been committed or the perpetrator thereof discovered; and he, she or they, so offending, shall remain liable to actions at the suit of the said corporation for such wrongs, if the sums herein mentioned be not sufficient to repair and satisfy said damages. SECTION 12. If the said company shall not proceed to carry on the Commencement said work within two years after they shall have been incorporated, or and completion shall not within the space of three years thereafter complete the said limited. bridge, it shall and may be lawful for the legislature to resume all and singular the rights, liberties and privileges hereby granted to the said company. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The eleventh day of March, one thousand eight hundred and forty-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 the auditors of the township of Pitt, in the county of Allegheny, shall, Auditors. in addition to the notices of their accounts to be given by handbills, cause notice thereof to be published at least once in any two of the newspapers of the city of Pittsburg, ten days previous to the election for supervisors. SECTION 2. That on the fourth Friday of March, in every year, the auditors, together with the supervisors, shall meet together and at said meeting, or any adjournment thereof, shall fix the rates and amount of poor and road taxes for the current year; and shall ascertain, as far as practicable, the probable extent of work, which shall or may be required to be done by the said supervisors during the year, and shall allot to each supervisor a separate portion of the township, for his more especial care and superintendence; and shall assign to each supervisor a fixed sum or salary, to be in full of all his services during that year, which salary shall not exceed two hundred dollars, to any one of the said supervisors; and the said supervisors shall, as far as practicable, contract for the work to be done in opening and repairing the roads within the said township; but in no case shall they, either by contract or otherwise, exceed the amount of the taxes levied for the year, so as to involve the township in debt, without the consent of all the auditors Taxes. Pay. Proviso. Road views. Elections. first had in writing, approving of such contract; and in all cases where any of the inhabitants of said township, assessed for road taxes, shall offer to work out their taxes or furnish carts, horses, wagons or materials for that purpose, it shall be the duty of the supervisors to give them an opportunity to do so: Provided, The same are furnished at the prices usually allowed in said township; and the supervisors of said township shall not be subject to any fine for non-performance of duty in the repairing or opening of roads where there is no money in the treasury, or where no appropriation has been made for the purpose, by the auditors and supervisors as aforesaid. SECTION 3. That in all cases where the court of quarter sessions shall be petitioned to grant a view for a public road, within the boundaries of said township, and the viewers shall have made report in favor of such road, before any further proceeding shall be had thereon by the court, it shall be the duty of the petitioners to cause notice of the proceedings, setting forth briefly the prayer of the petition and report of viewers thereon, to be given in handbills, to be posted publicly in at least three different places in said township, and published in two of the newspapers of the city of Pittsburg, fifteen days previous to any further action of the court thereon, a copy of which notice, verified by affidavit, shall be filed in court, with the proceedings; after which the court shall, and may proceed to the further consideration of the same, and approve or reject said report, or grant subsequent views, as is in other cases already provided for by law. SECTION 4. That in all elections for township officers of said township of Pitt, the persons receiving the highest number of votes shall be declared duly elected; and such parts of any former acts as are inconsistent with the provisions of this act, be 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 March, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 62. AN ACT Repealing the act passed thirteenth April, one thousand eight hundred and fortythree, entitled "An Act supplementary to an act relating to roads, highways and bridges, so far as regards certain counties therein named." 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 act of assembly, passed and approved the thirteenth day of April, one thou sand eight hundred and forty-three, entitled "An Act relating to roads, JAMES ROSS SNOWDEN, Speaker of the Senate. APPROVED-The eleventh day of March, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 63. A FURTHER SUPPLEMENT To an act to incorporate the Phoenix insurance company of Philadelphia, approved the sixth day of February, one thousand eight hundred and 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 the Phoenix insurance company of Philadelphia, shall be and hereby is authorized and empowered, immediately upon and after the acceptance of this act in writing, by a majority in value of the stockholders, to set aside one hundred and twenty thousand dollars of the capital of the said company, to be divided among and held by the stockholders of the said Phoenix insurance company of Philadelphia, in proportion to the number of shares to which they may be respectively entitled, on the day of the acceptance of this act as aforesaid; which said sum of one hundred and twenty thousand dollars shall then and thence constitute the capital of the said company. SECTION 2. That for the respective shares and proportions of the said sum of one hundred and twenty thousand dollars, to which the said stockholders shall be entitled, the directors of the said company shall issue new certificates of stock, of the value of forty dollars each, and shall cause a memorandum thereof to be endorsed upon the old certificate of stock, then held by the said several stockholders; and from and after the said acceptance of this act, the holders of the new certificates shall be considered members of this company, and shall have the right to vote at the future meetings of the said company; and all right to vote upon the old certificates of stock shall then and from thenceforth cease and determine. SECTION 3. That from and immediately after the acceptance of this act as aforesaid, the name of the said company shall be altered and changed, without, however, in any way affecting or altering the corpo Capital. New certificates. Name. ties. rate existence of said company, or the rights, powers or authorities hereby or heretofore given, and from henceforth the style and title of the said company shall be, the Phoenix mutual insurance company of Philadelphia;" under which name, style and title, the said company shall continue to take, enjoy and possess all the estates, real and perPowers, privi- sonal, wherever situate, and all the rights, powers, authorities and imleges, and liabili- munities of the Phoenix insurance company of Philadelphia; and be subject to and responsible for all debts, insurances, liabilities and engagements, contracted or entered into, or imposed upon the Phoenix insurance company of Philadelphia, as if no alteration of the name, style and title of the said company had been made; and all suits, actions, demands and proceedings, whatsoever, by or against the corporation, entitled by this act the Phoenix mutual insurance company of Philadelphia, or the corporation, entitled by previous acts the Phoenix insurance company of Philadelphia, either at law or equity, or otherwise, may be instituted, prosecuted and defended, by and under the name, style or title, used by such corporation at the time of making any contract or contracts, occasioning such suits, actions, demands or proceedings, or used at the time when the cause of any such suit, action, demand or proceeding may have originated, or shall originate. Officers. Settlement of affairs. Proviso. Directors, classification. SECTION 4. That the present officers and directors of the said the Phoenix Insurance company of Philadelpha, shall continue to have and enjoy all the powers and authorities, and to perform all the duties heretofore and hereby given to, or imposed upon the said corporation, until the first Monday in January ensuing the passage of this act, and acceptance by the stockholders, and thereafter, until others are elected in their place and stead. SECTION 5. That the said company shall, immediately after the acceptance of this act by the stockholders as aforesaid, proceed to settle the affairs of the Phoenix insurance company of Philadelphia, up to the date of the said acceptance; and shall, as soon as conveniently may be, divide among, and pay over to the stockholders, in the said, the Phoenix insurance company of Philadelphia, all the remainder of the capital beyond the sum of one hundred and twenty thousand dollars, retained as the future capital of said company, under the provisions of this act Provided, That before any such dividend or payment of the remainder of said capital stock to, or among the stockholders as aforesaid, a fund fully sufficient shall be retained to meet all disputed claims, and all outstanding risks insured by said company; which fund, when added to the one hundred and twenty thousand dollars of retained capital, shall be equal to the aggregate amount of such claims and risks; and any director consenting to any dividend or payment of said capital stock, which shall reduce the reserved fund below this amount, shall be personally liable to any party that may sustain injury thereby; and the amount of such injury may be recovered by action of debt, as in other cases. go SECTION 6. That upon the first Monday of January, and after this act shall into effect, there shall be chosen fifteen directors, who shall, immediately upon their election, divide themselves by lot, into three classes of five each, of whom the first class shall continue directors for one year; the second class for two years; and the third class for three years, or until others are chosen in their stead; and on the first Monday of January, in every successive year, there shall be chosen five directors, and also such others as may be required to fill any vacancies existing in the said board; which five directors, shall hold their offices for three years, and until others are chosen in their stead; and the others, during the respective periods for which their predecessors had been elected. SECTION 7. That the said board of directors shall choose by a President. majority of the whole number of directors, a president who shall continue in office for one year, and until another is elected in his stead, and be ex officio a director of said company; and have besides his other privileges, equal power with the directors, in voting upon, and determining all questions and matters relating to the said company. SECTION 8. That each and every person holding a certificate or cer- Members. tificates for premiums earned on risks marked off and determined, amounting to forty dollars, shall be and become a member of the said company, and shall be entitled to vote in all meetings of the company; and for each sum of forty dollars so held' by him or them, shall be entitled to the privileges of a holder of one share of the capital stock of said company, under and subject to all the restrictions and provisions of the several acts of assembly relating to said company. Interest. SECTION 9. That the officers of said company shall, within the first Estimates of promonth of every year, cause an estimate to be made as accurately as may fit and loss. be, of the profits of the said company during the preceding year, in which estimate, the losses and expenses of the company for the year shall be deducted from the receipts and earnings of said company during the same year, arising as well from premiums paid, as from the investments of said premiums and of the capital stock; and the balance, (if any,) shall be deemed the amount of the net profits for such preceding year; which estimate shall be binding upon all persons entitled to receive certificates as hereinafter mentioned: and the said officers shall, thereupon, if the said net receipts are sufficient in the first place, pay to the stockholders not more than six per cent. on the par value of their respective shares of stock, and after the payment of said interest to the stockholders, then in the second place, pay to the holders of certificates for premiums earned on risks marked off and terminated, not more than six per cent. on the amount thereon mentioned; and the said directors shall moreover credit upon the books of the said company, each stockholder, and also each person or firm, who shall have paid any premiums to the said company on risks marked off and determined, during the preceding year, with a proportion of the remainder of the said balance, (exclusive of fractional parts of ten dollars, as hereinafter mentioned,) such proportion to be ascertained by dividing the remainder of said net balance after payment of interest as aforesaid, among the stockholders, in proportion to the par value of their shares of stock, and among the persons and firms by whom premiums were paid in proportion to the sums received from them respectively, for risks marked off and terminated during that year, first deducting, however, all returned premiums; and the said directors shall thereupon issue to each stockholder, and to each person or firm, having paid premiums as aforesaid, a certificate declaring him or them, and his or their executors, and Certificate. administrators or assigns, to be entitled to a portion of the funds of the said company, equal to the amount credited to him or them; and also to receive from the said company annually, out of the receipts, profits and income, as aforesaid, interest upon the amount of such certificate, not exceeding six per centum per annum, which certificate shall contain a proviso, that the amount named therein is liable to a pro rata deduction for any future losses by said company; but no person or firm shall e credited with, or receive a certificate for a share of profits less than te dollars, nor for any fractional sums between the several multiples of ten1ollars, but all such fractional parts of ten dollars shall be passed |