Proviso. Proviso. Trustees of the academy to sell Proviso. Sbunpike vaeated. Certain street in the borough of Aramingo, county of Phila., vacated. look further to the application of the purchase money, and every such investment and re-investment shall be and remain subject to the same provisions, and the proceeds of such sale or sales so invested and reinvested, shall be held by the said trustees in lieu of the said real estate, subject to the rights of all parties therein, with the same duties and obligations, and shall be considered to represent in all respects the said real estate by them sold as aforesaid: Provided, That before any such sale shall be made, the said trustee or trustees shall give good and sufficient security, to be approved of by said court, conditioned for the faithful application of the proceeds of such sale: And provided, That the court shall approve of and confirm the same. SECTION 8. That Robert Hunter, Amos A. Gregg, Joseph Hall, Jesse Dungan, Joseph H. Murray, Christopher Leech, Robert M. Hagerman, Carles E. Neville, Charles Tillyer, Benjamin B. Wilson, Nathan Boileau, Junior, and James Verree, Junior, trustees elect of the Academy of Bustleton, in the township of Lower Dublin, Philadelphia county, or their successors, or a majority of them, be, and they are hereby authorized to grant and convey unto the controllers of public schools of the city and county of Philadelphia, composing the first school district of Pennsylvania, the lot of ground situated in the village of Bustleton, in the township of Lower Dublin aforesaid, now in their possession and used as a public school, or any part of the same, with the building thereon erected and the appurtenances, in fee simple to them and their successors forever, or to lease the whole or any part thereof to the aforesaid controllers for a term of years and upon such conditions as may be agreed upon by the aforesaid trustees and controllers: Provided, however, That the said premises shall be held, used, and occupied by the controllers for the same uses and trusts as are recited in the charter of the aforesaid academy of Bustleton, and for no other use or purpose whatever. SECTION 9. That the public road called the Shunpike, in the county of Erie, from the north line of the borough of Waterford, to John Marvin's barn, where the plank road leaves the Shunpike in Waterford township, a distance of about three-fourths of a mile, be vacated, and that the Erie and Waterford plank road company which is located on the same, have the privilege of erecting a toll gate thereon. SECTION 10. That Jasper street, from Cumberland street to the Franklin cemetery, in the borough of Aramingo, and county of Philadelphia, be, and the same is hereby vacated, and the title to the soil to the middle of said street is hereby vested in fee simple in the owners of the ground fronting thereon. JOHN S. RHEY, JOHN H. WALKER, We do certify that the bill entitled "An Act relative to the board of health of the city and county of Philadelphia; relative to shop taxes and tavern licenses in the burnt district of Philadelphia; authorizing J. Engle Negus and Edward L. Poalk, trustees, to sell certain real estate; authorizing the trustees of the Bustleton academy to lease or transfer said academy to the controllers of public schools; to the Waterford and Eric plank road, and vacate Jasper street, in the county of Philadelphia," was presented to the Governor on the ninth day of March, one thousand eight hundred and fifty-two, 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. 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 Joseph R. Ingersoll, George M. Dallas, Henry D. Gilpin, John M. Commissioners. Scott, Charles Henry Fisher, Joseph Swift, Robert Morris, John Rhea Barton, J. Price Wetherill, George Cadwallader, Edward S. Buckley, J. V. S. De Havilland, Charles Harlan, Charles Wells, Hartman Kuhn, Junior, Aubrey H. Smith, Charles E. Smith, George McHenry, George II. Boker, Emlin Physick, William Parker Foulke, James C. Fisher, James McMurtrie, Frederick Lennig, Gideon G. Westcott, J. K. Mitchell, John B. Myers, J. Pemberton Hutchinson, John H. Huguenell, and John Siter, be, and they are hereby appointed commissioners, or some five of them, to do and perform the several duties hereinafter mentioned, that is to say they shall forthwith, after the passage of this net, procure a book or books, and enter therein as follows: "We whose Form of sub names are hereunto subscribed, do promise to pay to The American scription. Academy of Music' the sum of one hundred dollars for each share of stock set opposite our names respectively, in such manner and proportions as shall be determined by the president and directors of the said academy, in pursuance of this act, witness our hands this day of and Anno Domini, one thousand eight hundred ," and shall thereupon give notice in two daily newspapers of the city of Philadelphia, for the space of two weeks, of the time and place when and where such book or books shall be open to receive subscription for the stock of the company, at which time and place one or more of the said commissioners shall attend from day today and receive subscriptions to the stock of said academy, to the amount of four thousand shares, when they shall be closed: Pro- Proviso. vided, That each subscriber shall at the time of subscribing pay to the attending commissioner or commissioners the sum of twenty dollars on every share so subscribed, out of which money shall be paid the ex Style. penses of taking the subscription and incidental charges and the remainder shall be paid over to the treasurer of the corporation as soon as the same shall be organized as hereinafter directed. SECTION 2. That when five hundred shares of the said stock shall have been subscribed, the said commissioners or any five of them shall certify under their hands and seals the names of the subscribers and the amount of stock subscribed by each of them to the Governor, and thereupon it Letters patent. shall and may be lawful for the Governor, by letters patent under his hand and seal of the State, to create and erect the persons who shall then have subscribed into a body politic and corporate, by the name and style of "The American Academy of Music," and by the said name the said subscribers shall have perpetual succession, and shall be capable of holding their capital stock and the increase and profits thereof, and of enlarging the same by new subscriptions in such manner and form as they shall think proper, to the amount of four thousand shares, and of purchasing and holding to them and their successors and assigns, and of selling, mortgaging, and transferring in fee simple, or by any less estate all such lands, tenements, hereditaments, and estates, real and personal as shall be necessary to them in carrying out the purposes of this act, of making and having a common seal, of suing and being sued, and generally of doing all and everything which a body politic or corporate may lawfully do. Privileges. SECTION 3. That the first five persons named in the letters patent, or any three of them, as soon as conveniently can be, shall cause to be given at least twenty days' notice in two or more newspapers of the city of Philadelphia, of a time and place by them appointed, at which Organization. time and place the said subscribers shall proceed to organize the said corporation, and shall then and there in person or by proxy, choose by ballot or ticket in writing, twelve suitable persons members of the corporation to be directors thereof for the year next ensuing, or until the next election. Officers. By-laws. Annual meeting Ratio of votes. SECTION 4. That the said directors shall meet at such time as they may agree, and shall at the first meeting after their election, or as soon thereafter as conveniently may be, choose one of their number president of their board for the ensuing year, and may a so choose a treasurer, secretary, solicitor, and such other officers as they may deem expedient; seven directors shall form a quorum for the transaction of business; the directors shall have power to ascertain and decide the time, manner, and proportion in which the stockholders shall pay the money due on their respective shares; to adopt such by-laws, rules, and regula tions not inconsistent with the laws of this Commonwealth as may be deemed expedient for the well being of this corporation, and generally shall have all the authority, powers, and privileges necessary and proper for the management of the affairs thereof. SECTION 5. That an annual meeting of the stockholders shall be held on the first Monday of June for the purpose of choosing direc tors, and for the transaction of such other business as may come before them, of which annual meeting the directors shall cause to be given at least twenty days' notice in two newspapers of the city of Philadelphia; in all elections of directors each stockholder shall have one vote for every share of stock which he may hold; at each annual meeting of the stockholders, the directors of the preceding year shall submit to the meeting a full and fair statement of the affairs and proceedings of the said corporation for such year, together with a full account of all moneys received and expended for the same; and they shall also produce for the inspection of the meeting, or such committee as it may name, all books and accounts concerning the corporation; special meetings of the stockholders may be called by order of the directors, or by stockholders holding one-fourth of the capital stock on like notice to that required for the annual meetings, specifying, moreover, the object of the meeting. SECTION 6. That the first directors chosen as aforesaid, shall issue a Certificates of certificate to each stockholder for the number of shares he or she stock. may subscribe for or hold in the said corporation, after twenty dollars a share shall have been paid thereupon, which certificate shall be transferable on the books of the corporation, either by the owner in person, or his attorney duly authorized, subject, however, to all payments due, or to become due thereupon; and the person to whom the transfer shall be made shall stand in the place of the former holder, and be entitled to the same privileges, and liable to the same responsibilities to the corporation. SECTION 7. That if any stockholder, after thirty days' notice given Penalty for nein two newspapers in the city of Philadelphia, of the time and place glect to pay inappointed for the payment of any instalment of said stock, shall stalments. neglect to pay such instalment at the time appointed, or within four months thereafter, the stock held by him may be forfeited to the corporation by a resolution of the directors, and may be sold by them to any other person or persons willing to purchase, for such price as can be obtained therefor; or the directors may sue for and recover the same before any justice of the peace, or before any court of competent jurisdiction. SECTION 8. That it shall and may be lawful for the directors of the School for vocal said corporation at such time as may be deemed expedient, to establish and instrumena school or institute of vocal and instrumental music, and to employ tal music. suitable professors or other instructors for the teaching of such pupils as may be received into the same, and shall have power to make all needful and necessary regulations for the government of such school or institute. SECTION 9. That it shall and may be lawful for the said corporation Hold real estate. to purchase and hold such real estate as they may deem necessary for the purposes of this act, and to erect thereupon and furnish a building or buildings suitable for the representation of operatic and dramatic performances, and to lease the said building and appurtenances from time to time, to such person or persons as they may deem proper for the purpose of giving such representations, or to employ or contract with persons for doing the same: Provided, That every five shares Proviso. of stock shall entitle the holder thereof to a perpetual, free, and transferable ticket of admission to all such representations, and a permanent seat in the house thereat; the said seat or seats to be located in any part of the house the said stockholder may choose, subject to such reasonable regulations as the directors may impose in relation thereto. SECTION 10. That the directors shall keep a just and true account Dividends. of all moneys received, and shall make and declare dividends of so much of the nett profits of the corporation as may seem advisable to them after deducting costs, charges, and expenses; but they in no case shall exceed the said nett profits, so that the capital stock shall never be thereby impaired. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The twenty-fourth day of March, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 133. AN ACT Changing the time of holding courts in Venango county; eresting certain ele tion districts in Lancaster county; relative to the Meadville and Frankr plank road; and an election district in Tioga 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 Time of holding from and after the passage of this act, the courts of Venango county courts in Venan shall commence on the fourth Monday in January, April, August, and go county changed. Certain bo easter county authorized to elect assess013 and school directors. Borough of sions of the act regulating boDoughs. Boundaries. November of each year, and that all writs and process which have cr may be issued and made returnable to the fourth Monday of May next, are hereby made returnable the fourth Monday in April next. SECTION 2. That in the assessment of State and county taxes here roughs in Lan- after, and for all school purposes, the boroughs of Marietta, Mount Joy, and Elizabethtown, shall be separated from the townships of East Donegal, Mount Joy, and West Donegal, all in the county of Lancas ter, and in each of said boroughs and townships assessors and school directors shall be elected at the usual borough and township elections SECTION 3. The borough of Mount Joy, in Lancaster county, shall Mount Joy sub- be subject to the provisions of the act of third April, one thous jest to proviand eight hundred and fifty-one, entitled "An Act regulating boroughs," and the bounds of said borough shall be as follows: commencing at the south-west corner of Daniel Maurer's out-lot, south seventy-six and a fourth degrees east twenty-six perches, to a black oak, being a line tree on land of Henry Eberle; south seventy-sever and one-half degrees, east two-hundred and eighty-one perches to the south-east corner of John Patterson's out-lot, crossing the intersection of the branches of the Marietta turnpike; thence from said corner south eighty-six and one-half degrees east thirty-three and five-tenths perches to a white oak stump on land of Emanuel Cassel, opposite in a line with the road leading from said Cassel's to the said borough; thence along said road north thirteen and three-fourth degrees, east ninety perches to a gate post adjoining A. S. Hackman's residence, ou the Lancaster and Harrisburg turnpike, opposite said road; thence north twenty-eight and one-half degrees west seventy-one perches, to a tree on the rocky bluff or bank of the mill-dam on land of A. S. Hackman aforesaid; thence north seventy-seven and one-half degrees, west two hundred and eighty-four perches, to a post on land of C. N. Sherrick, in a line crossing over Mr. Tanger's stable, at the junction of Railroad street with the Manheim road; thence south seventeen and one-half degrees, west one hundred and thirty-one perches to the gate post on D. Maurer's out-lot aforesaid, on a line crossing a few rods above the intersection of the Harrisbarg and Lancaster turnpike and railroad, along the line fence of lands of P. Roger and D. Martin; thenee from said gate post south twelve and one-fourth degrees, west eighteen and five-tenths perches, along the fence of said out-lot to the place of beginning, including within said bounds three hundred and three acres and three perches, neat measure. |