No. 161. AN ACT For the relief of Michael Hartzell. 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 Canal Commissioners be, and they are hereby authorized and required to examine the claim of Michael Hartzell, for injuries to his canal boat while passing over the Pennsylvania canal, and report the facts, together with the amount of damages sustained by said claimant, if any, to the Legislature as soon as practicable. APPROVED-The first day of April, A. D., one thousand eight hun dred and fifty-two. WM. BIGLER. Corporators. Style. Privileges. No. 162. AN ACT To incorporate the Union County Mutual Fire Insurance Company. 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 John Gundy, John Strawhecker, Gideon Beal, Isaac Eyer, Samuel Wilson, Jacob Wittemoyer, Ner Middleswarth, John Wilt, Jacob W. Smith, Frederick Moyer, James Marshal, Thomas Klingan, George F. Miller, H. P. Sheller, J. P. Ross, John Walls, Henry Gast, Alexander McClure, Jonathan Spyker, Wm. Jones, J. A. Mertz, and all other persons who may hereafter associate with them in the manner hereinafter prescribed, shall be, and they are hereby constituted and declared to be a body politic and corporate, by the name, style, and title, of "The Union County Mutual Fire Insurance Company," and by the same name shall have perpetual succession, and shall be able and capable to sue and be sued, plead and be impleaded, in all courts of record or elsewhere, and to purchase, receive, have, hold and enjoy to them and their successors lands, tenements, rents, annuities, franchises, and hereditaments, goods, and chattels of what kind soever, and choses in action, and the same to sell and dispose of from time to time, and also to make SECTION 2. That the object and business of said corporation shall Object. SECTION 3. That all persons who shall hereafter insure with the said Membership. corporation, and also their heirs, executors, administrators or assigns, continuing to be insured in said corporation as is hereinafter provided, shall thereby become members thereof during the period they shall re main insured by said corporation and no longer. Officers. SECTION 4. That the affairs of said corporation shall be managed by Board of Direca board of directors consisting of thirteen members, to be elected and tors. chosen as hereinafter provided, which board shall elect from their own number one person as president, they shall also elect one person as secretary of the board, and one person as treasurer, of whom they shall require such security as they may provide by their by-laws, and may employ such other officers, clerks, agents, and attorneys as may be found necessary for the transaction of the business of the company, and shall also determine the rates of insurance, the sum to be insured, and the sum to be deposited for any insurance; a majority of said board shall constitute a quorum to do business. SECTION 5. That the members of this company shall, upon twenty Annual election days' notice, meet at such place as may be provided for in the by-laws, of officers. on the first Monday in May, in the year of our Lord, one thousand eight hundred and fifty-two, and hold their first election for directors, and such election shall be held under the inspection of three members to be chosen by the members who may attend at the same time and place of holding such election; such election of directors shall be by ballot, and a majority of the votes polled shall elect, and the directors so elected shall continue in office until the first Monday in May, one thousand eight hundred and fifty-three, or until others are elected, on which day, and annually thereafter, an election shall be held for directors as is provided in the first part of this section, and each member shall be allowed one vote and no more, and in case of death, resignation, or removal of any of the board of directors, the board shall have power to fill such vacancy until the ensuing election. SECTION 6. That if it shall at any time happen that an election of Failure to elect directors shall not be made in any day, when pursuant to this act it not to dissolve ought to have been made, the said corporation shall not for that cause corporation. be deemed to be dissolved, but it shall be lawful on any other day to hold and make an election of directors in such manner as shall have been regulated by the by-laws and ordinances of said company. SECTION 7. That every person who shall become a member of this cor- Duties of memporation by effecting insurance therein, shall, before he receives his bers. Losses or dama Proviso. policy, deposite his promissory note for such sum of money as shall be determined by the directors, a part not exceeding ten per cent. of said note shall be immediately paid in, and the remainder of said deposite note shall be payable in part, or the whole, at any time when the directors shall deem the same requisite for the payment of loss or damage by fire, and such incidental charges as shall be necessary for transacting the business of said corporation, and at the expiration of the term of insurance the said note, or such part of the same as shall remain unpaid, after deducting all losses and expenses accruing during said time shall be relinquished and given up to the maker thereof; and it shall be lawful for the said company to loan such portion or portions of said money on hand as may not be immediately wanted for the purposes of said company, to be secured in such mode as a majority of the board of directors shall designate. SECTION 8. That every member of said corporation shall be bound to ges, how paid. pay for losses or damages and such necessary expenses aforesaid accruing in said corporation in proportion to the amount of his or her deposite note, and the said company shall have a lien waiving the right of inquisition upon all of said property of the insured to the amount of his or her deposite note, or so much thereof as shall remain unpaid, which shall continue till the amount of such note with interest and cost of execution, if any, shall have been paid or satisfied: Provided, That said company shall make out and deliver to the prothonotary of the county wherein such real estate shall lie, a memorandum of the name of the individual insured, a description of the property, the amount of the deposite note unpaid, and the term for which the insurance shall continue, and the prothonotary to whom the same is delivered is hereby required forthwith to file the same, and enter the name of the individual or individuals insured with the number of the premium note in his ad sextum docket in regular order without tax or fee, and the same when so filed and entered, shall be deemed and taken to be in all respects a judgment upon confession by virtue of warrant of attorney, and execution may at any time be had thereof for so much as by virtue of the provisions of this act may be due and demandable, but the lien thereof shall commence with the filing of such memorandum in the office of the prothonotary: Provided, That such lien shall not be construed to take from such persons insured as aforesaid the privileges of a freeholder. Proviso. SECTION 9. That suits at law may be maintained by said corporation against any of its members for the collection of said deposite note, and any assessment thereon, or for any other cause relating to the business of said corporation; also, all suits may be prosecuted and maintained by any member against said corporation for losses or damage by fire, if payment be withheld or refused more than three months after the company are duly notified of such losses; no member of the company, not being in his individual capacity a party to the suit or suits, shall be incompetent as a witness on account of his being a member of the company. SECTION 10. That the directors shall, after ascertaining the amount of loss or damage by fire sustained by any of its members, settle and determine, in proportion to the deposite notes, the amount to be paid by any of its members as their respective shares of such loss or damage, and publish the same in such manner as may be prescribed by the bylaws, and the members shall pay the same to the treasurer of said company .hin thirty days after publication of said notice; on neglect or refusal to pay the same assessed upon him as a proportion of any loss as aforesaid, in such case said company may sue for and recover the whole amount of his or her deposite note or notes, with costs of suit, and the amount then collected shall remain in the treasury of said company, subject to the payment of such losses or expenses as have or may thereafter accrue, and the balance, if any remain, shall be returned to the party from whom it was collected, on demand. SECTION 11. That at the annual meeting of the company, as provided Annual meetfor in section fifth, the members shall pass all by-laws, rules, and regu. ing. lations, necessary for the well-government of the affairs of said corporation; it shall, also, be the duty of the secretary and treasurer at such annual meeting, to have all books and writings concerning the company at such place of meeting, and any member of the company shall be allowed to examine the same. SECTION 12. That within thirty days after the annual meeting for Statement of the election of directors, it shall be the duty of the secretary of the affairs. corporation to cause to be made and published in one or more newspapers published in the county, a statement of the affairs of the corporation, the amount of premiums received, the amount of expenses and losses during the year in each respective class, the dividends paid, and a general balance statement of the affairs of the corporation. SECTION 13. That the persons named in the first section of this act First directors shall be the first directors of the said corporation, and shall hold their and term of office until the first Monday in May, one thousand eight hundred and office. fifty-two, or until others are elected in their stead. SECTION 14. That any member of this company wishing to withdraw Surrender of his or her insurance from said company, shall surrender his or her policy policies. to the directors, to be cancelled, and upon such surrender, shall be entitled to secure his or her deposite note, on payment of his or her proportion of losses and expenses accrued prior to such surrender, and the payment of two per cent. on the balance of said note for the use of the company. SECTION 15. That no policy shall be issued by the said company Policies, when until application be made for insurance to the amount of twenty-five to be issued. thousand dollars. SECTION 16. That no insurance shall be made by said company for Time of insua longer period than seven years. SECTION 17. That the Legislature of this Commonwealth may, at any time, alter, modify or annul the provisions of this act, in such manner, however, as to do no injustice to the corporators. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, Speaker of the Senate. APPROVED-The first day of April, A. D., one thousand eight rance. hundred and fifty-two. WM. BIGLER. 163 AN ACT To incorporate the West Chester Gas Company. 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 Commissioners. John Marshall, William Darlington, Joseph J. Lewis, William Apple, Wilmer Worthington, Uriah V. Pennypacker, Philip P. Sharpless, George W. Pearce, Washington Townsend, James H. Ball, Samuel Way, Nicholas Mendenhall, Daniel Husted, and William Whitehead, of Chester county, or any five of them, are hereby appointed commissioners, to do and perform the several things hereinafter mentioned; that is to say, they shall procure a suitable book, and therein enter, as follows: "We, whose names are hereunto subscribed, do promise to pay to the president and managers of the West Chester gas company, the sum of twenty-five dollars for every share of stock set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers of the said company, in pursuance of an act of the general Assembly of the Commonwealth of Pennsylvania, entitled An Act to incorporate the West Chester Gas Company;' Witness our hands, this Form of subscription. scribe. day of in the year eighteen hundred and fifty-two," and shall, thereupon, give notice in two papers, published in the county of Chester, for two weeks, at least, of the time and place when and where the said book shall be kept open, to receive subscriptions for the stock of the said company, at which time and place one or more of the Who may sub- said commissioners shall attend, and permit all persons of lawful age, who shall offer to subscribe in the said book, in their own names, or in the names of any other person who shall authorize the same, for shares in said stock, and the said book shall be kept open, for the said purpose, at least six hours in each juridical day, for the space of five days, or until there shall have been subscribed five hundred shares, and if, at the expiration of five days, the book aforesaid shall not have the number of shares aforesaid therein subscribed, the said commissioners may adjourn from time to time, and transfer the said book elsewhere, until the whole number of two thousand shares be subscribed; of which adjournment and transfer the commissioners aforesaid shall give such public notice as the occasion may require, and when the whole number of shares shall have been subscribed then the book shall be closed. SECTION 2. That when one thousand shares of the stock shall have been subscribed, and the sum of five dollars paid on each and every share, the commissioners who have acted, or a majority of such, shall certify to the Governor, under their hands and seals, the names of the subscribers, and the number of shares subscribed by each, and the Letters patent. sums paid thereon, whereupon the Governor shall, by letters patent, under his hand and the seal of the Commonwealth, create and erect the subscribers, and if the subscription be not full at the time, then also, those who shall thereafter subscribe, to the numbers of shares as aforesaid, into a body politic and corporate, in deed and in law, by the name and style of "The West Chester Gas Company," and by the same Style. |