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ises Proviso

Trustee to

may mortg'e assent and concurrence of the said Sarah, in writing first had certain prem- and obtained, to raise by way of mortgage upon the said premises, a sum not exceeding two thousand dollars: Provided, That the said trustee shall first give security, to be approved give security by the orphans' court of the city and county of Philadelphia, for the proper application of the said money, to the erection of a dwelling house thereon: And provided also, That nothing in this act contained, shall be construed into an affirmance of any title in the said trustee in the said lot of ground, other or greater than such as he may have lawfully acquired by said re-entry.

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School direct

ecute a con

veyance to

Thos. Penny

SECTION 3. That Robert H. Laird, Jacob Gundy, William of E. B. tp Perry, Samuel Zeller, Philip Frederick and Samuel H. Laird, Union co au- school directors of East Buffalo township, in the county of thori'd to ex- Union, be and they are hereby authorized, to execute a deed of conveyance in fee simple, to Thomas Penny, of said township, his heirs and assigns forever, of all that certain piece of land with the appurtenances, situated in the said township, beginning at a small post at the north-west corner of the school house, and running along Matthias McPherson's line to a small dead maple, allowed to be fifteen rods and a half; and from thence along James Jenkins' line, fourteen and a half rods, to a small post corner; and from thence along Peter Epler's line five rods, to the place of beginning, allowed to be thirty-five rods more or less, being the same premises heretofore conveyed to John Snook and Eliza his wife, by deed dated the twenty-fifth day of October, one thousand eight hundred and thirteen, unto certain persons in trust for a school or meeting honse, and afterwards sold at publie auction, on the twentysecond day of February, one thousand eight hundred and forty, to said Thomas Penny, for the sum of thirty-seven dollars: Provided however, That the said purchase money shall be first paid and applied to the use of the fourth and fifth subschool districts, in said township.

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SECTION 4. That Mallachia Sutton, the surviving trustee Martha Sut of Martha Sutton and her children, be and he is hereby authoton authoriz'd rized to sell at public or private sale, and convey in fee simple to sell certain a certain inlot, together with the appurtenances, situated in the

real estate

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borough of Indiana, in the county of Indiana, it being the same premises which Peter Sutton deceased, by his last will and testament, devised to Thomas Sutton, now deceased, and the said Mallachia Sutton, in trust and for the sole use and benefit of Martha Sutton, wife of Peter Sutton, for and during her natural life, and after her death to her children, and to re-invest the proceeds of the said sale in real estate in the same county, upon the same uses and trusts as the said premises are now held: Provided however, That the said sale shall first be approved by the orphan's court of the said county, and that the said trustee shall give such security as may be required by the

said court, for the proper re-investment of the said proceeds, in pursuance of the provisions of this section.

of Philad'a

SECTION 5. Whereas, the directors and stockholders of the Mechanic's & Mechanics' and 'I'radesmen's insurance company, of Philadel-tradesman's phia, have in due form of law complied with the provisions of insurance co the acts of assembly which incorporated said company, passed on the eleventh day of April, one thousand eight hundred and forty: therefore, be it enated, that the Governor be and he is hereby authorized to issue letters patent to said company, Letters patent under his hand and the seal of the State, declaratory of the to issue rights, powers, privileges and perpetual existence granted to said company, by the said act of incorporation. And the said corporation are hereby authorized to reduce their capital stock To reduce to two hundred and fifty thousand dollars, and the number of capital stock shares to twelve thousand five hundred; and the present directors of said corporation, shall continue in office until an elec- Election tion be held, under the provisions of the said act of incorporation, on the second Monday of January next; and at said clection for directors, and at all elections thereafter, and at the meetings of the stockholders, each stockholder shall be entitled to one vote for each share held, but no stockholder shall be Votes entitled to vote unless the share or shares on which he or they may claim to vote, shall have been standing on the books of said corporation in his or her name, for at least thirty days previous to such election or meeting.

and shares

caster to borrow money

SECTION 6. That the president and directors of the common Directors of schools of the city of Lancaster, shall have full power and autho- com schools of rity by resolution of their board, to borrow for the purpose of city of Lanerecting school houses, any sum or sums of money not exceeding six thousand dollars, and to pledge by mortgage or otherwise, any or all of the real estate they may hold, for the security and repayment of the same, and that they be authorized to pay the interest accruing on the sum so loaned, out of the general funds of the said common schools.

WM. A. CRABB,

Speaker of the House of Representatives.
THOS. WILLIAMS,

Speaker pro tem. of the Senate.

APPROVED-The twelfth day of March, Anno Domini eigh

teen hundred and forty-one.

6

DAVID R. PORTER.

Commis'rs

[No. 39.]

AN ACT

Authorizing the Governor to incorporate the Holidaysburg Water Company.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same: 'That C. Garber, G. L. Lloyd, M. C. Garber, James Kring, Charles O. Friel, Jacob Taylor, Peter Hewet, James Coffee, J. C. McClanahan, George R. McFarlane, William Williams, John Walker, Henry King, Thomas B. Moore, Jeremiah Cunningham, N. Hewet, A. McCormick, and James Gardner, be and they are hereby appointed commissioners, who, or any five of them, are authorized to do and perform the several matters and things hereinafter mentioned, that is to say, they shall on or before the first day of June Form of sub- next, procure a book and enter therein as follows: "we the subscriptions

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scribers, promise to pay to the president and managers of the Hollidaysburg Water company, the sum of twenty-five dollars for every share set opposite to our names, in such manner, in such proportions, and at such times as shall be determined by said president and managers, in pursuance of the powers vested in them by their charter, and the acts of assembly by which they were incorporated. Witness our hands and seals the day of one thousand eight hundred and forty;" and shall thereupon give notice in the newspapers Notice for re-published in said borough of Hollidaysburg, during two succeiving sub- cessive weeks, of the time and place in such borough, when seription to be and where they will attend to receive subscriptions for stock given

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in said company; at which time and place said commissioners, or any five of them, shall attend for the purpose of receiving such subscriptions, and shall permit all persons of lawful age, who shall offer to subscribe in said books in their own name, for shares in the said stock; and the said book or books shall be kept open for the purposes aforesaid, at least six hours in each juridical day, for the space of three days, or until there shall have been subscribed a sufficient number of shares to complete the work: Provided, That no person be permitted to subscribe for more than ten shares on the first day, nor more than twenty shares on the second day, after which any person may subscribe for any nun ber of shares, until the whole of the stock is taken: Provided, That no subscription shall be valid, unless the person so subscribing shall pay to

the said commissioners one dollar on each of the shares so subscribed, which after deducting the cost of taking the subscriptions and other incidental expenses, the commissioners shall pay over to the treasurer of the company, when it shall be organized.

SECTION 2. That when five hundred shares shall have been Letters patent subscribed, the commissioners shall certify the same with the names of the subscribers, under the hands and seals of the commissioners, to the Governor, who thereupon shall under his hand and the seal of the State, create and erect the subscribers, and also those who shall afterwards subscribe, and their assigns, into one body politic and corporate, in deed and in law, by the name, style and title of the Hollidaysburg Name Water company, by which the said company shall have power Powers and of perpetual succession, and all the privileges and franchises privileges incidental to a corporation, and shall be able and capable of taking and holding the capital stock and the increase and profits thereof, and of enlarging the same and increasing it by new subscriptions, if found necessary, to fulfil the intention of this act, and of purchasing, holding, selling and transferring in fee simple, or for any less estate, such lands, tenements, and hereditaments, real or personal, as shall be necessary in the prosecution of the works, and of suing and being sued, and of doing any and every matter and thing which a corporation may lawfully do.

SECTION 3. That any five or more of the commissioners aforesaid, may, and shall as soon as conveniently may be after

the letters patent have been issued, give at least ten days no- Notice of elec tice in each of the papers published at Hollidaysburg, of the tion to be gi time and place of holding an election for the officers of the von company, to serve as hereinafter provided. Annual elections for the officers of the company, to be held after their first election, at the time and place of electing the burgess and council of the borough of Hollidaysburg aforesaid; and the officers of Officers the company shall be eight managers, who shall out of their number elect a president, and shall also appoint a treasurer, a secretary, and such officers and agents as they may from to time deem necessary, whose term of office shall severally be for one year after the first term, which shall be limited by the time of election of the aforesaid borough officers. The eight managers aforesaid, shall between the first and second election cast lots, by which they shall be divided into two equal divisions, the term of service of four expiring at the next subse- vided quent election, and the term of service of the remaining four shall continue until the second subsequent election; there being an annual election for four managers, except in case of vacancy, which shall be filled at the next election after the oc currence of such vacancy.

SECTION 4. In all elections for officers of the corporation,

Managers di

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each stockholder shall be entitled to one vote for each share owned by him, from one to four inclusive; one vote for each two shares he may own, from four to twelve inclusive; one vote for each four shares, from twelve to twenty-eight, and one vote for each eight shares above twenty-eight.

SECTION 5. That the president and mangers, or any five of them, shall have power to adopt such by-laws, rules and regulations as may be deemed expedient for the well being of the company, to call special meetings of the stockholders, whenever they shall deem it necessary to consult them: Provided, That no by-laws, rules, or regulations shall contravene the constitution and laws of this commonwealth.

SECTION 6. That the president and managers shall procure a common seal, by which the certificates of stock shall be authenticated; which certificates of stock shall be transferable either in person or by power of attorney, attested by two witnesses, subject however, to all dues and payments due or to become due thereon.

SECTION 7. That the managers shall meet at stated times, or by adjournment, or by a call of any two or more of the managers; and five managers including the president, shall form a quorum to transact business.

Duty & powSECTION 8. That the managers aforesaid shall have power, er of manag'rs and it shall be their duty, as soon as practicable, after the organization of the company, to proceed to bring into the borough of Hollidaysburg, and if thought advisable, into parts of Blair township, adjacent to said borough, an abundant supply of water, from such stream or streams, spring or springs as they may select; and shall have power for that purpose, to force water by steam power or water power, into a reservoir or reservoirs, which they may construct for its reception, and bring the same in trunks or pipes, through or across any field or enclosure, along any road or highway, and through any of the streets and alleys of the borough of Hollidaysburg, or of the townships in the neighborhood of said borough: Provided, That the rail road shall not be used for said purpose, without the consent of the board of canal commissioners; and shall at all times have liberty and power to repair or re-construct such trunks, pipes, reservoirs, or works necessary to carry into effect the object of this law.

SECTION 9. That the managers aforesaid, shall in such streets and alleys in the borough of Hollidaysburg, and the adjacent parts of Blair township, as they shall have laid pipes, Hydrants and cause hydrants or fire plugs to be erected, to be used for the fire plugs purpose of extinguishing fires, and shall have liberty to supply or to suffer individuals to be supplied with water, for domestic and manufacturing purposes, for such compensation as shall be agreed upon by the company and such individuals, according to uniform rates to be adopted by the managers, having

Compensat❜n and rates

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