business, four of whom shall be a quorum, who in the absence of the president may choose a chairman, and shall keep minutes of their transactions fairly entered in a book, and a quorum being formed, they shall have full power and authority to buy land for the gas works and erect the same, to appoint all such architects, surveyors, chemists, superintendents, and other artists and officers as they shall deem necessary to construct and carry on the intended gas works and to fix their salaries and wages; to enter into and execute contracts or covenants in relation to the objects of said corporation and to enforce the same; to ascertain the time, manner, and proportions in which the said stockholders shall pay the moneys due on their respective shares; to draw orders on the treasurer for money, which orders shall be signed by the president, or in his absence by a majority of the managers present and countersigned by the secretary, and generally to do all such other acts and matters and things as by this act and by-laws and regulations of the company they are authorized to do. SECTION 7. The president and managers first chosen shall procure Certificates of certificates or evidences of stock for all shares of the said company, and stock. shall deliver one such certificate signed by the president and countersigned by the secretary, and sealed with the common seal of the said corporation to each person for such share or shares as by him are subscribed and held, which certificate or evidence of stock shall be transferable at his pleasure in person, or by attorney duly authorized, in the presence of the president or secretary in a book to, be kept by the said corporation for that purpose, subject, however, to all payments due, or to become due thereon, and the assignee holding any certificate transferred as aforesaid shall be a member of said corporation, and for every certificate assigned to him as aforesaid shall be entitled to a share or shares as is therein mentioned of the capital stock of all the estates and emoluments of the corporation incident to such share or shares, and to vote as aforesaid at the meetings thereof, and subject to all penalties and forfeitures, and of being sued for all the balance and penalty due or to become due on each share as the original subscribers would have been. SECTION 8. That if after twenty days' notice in the papers aforesaid, of Payment of inthe time and place appointed for the payment of any proportion or in- stalments. stalment of the said capital stock in order to carry on the works of the company any stockholder shall neglect to pay such proportion or instalment at the place appointed for the space of thirty days after the time so appointed, every such stockholder or his assignee, shall in addition to the instalment so called for, pay at the rate of two per centum per month for the delay of such payment, and if the same and the additional penalty shall remain unpaid for such space of time as that the accumulated penalty shall become equal to the sum or sums before paid in part and on account of such share or shares, the same shall be forfeited to the said company, and may be sold to any person or persons willing to purchase for such price as can be obtained for the same, that in default of payment by any stockholder of any such instalment as aforesaid, the president and managers may at their election cause suit to be brought before an alderman or justice of the peace or in any court having competent jurisdiction for the recovery of the same, together with the penalty aforesaid; that in case of the transfer or assignment of any such share or shares on which default has been made as aforesaid, the president and managers of the said corporation may bring suit as aforesaid, either against the person who assigned or transferred the said share or shares, person to whom such transfer or assignment was made, for the recovery of any unpaid instalment, together with the penalty afore said. or the Dividends. &c. SECTION 9. The managers shall declare dividends of so much of the nett profit of the company as shall appear to them advisable on the fo Saturdays in June and December in every year, which shall be paid a the stockholders on demand ten days after the same shall have been dr clared. Company to SECTION 10. That the company shall have power and authority, ani erect gas posts, is hereby empowered and authorized to erect gas posts, burners, and re flectors, to dig such trenches in, along, and across the public stres lanes, alleys, and side-walks in the borough of Columbia for the pa pose of laying their pipes for the distribution of gas as the said enn pany may deem necessary: Provided, That the said company shali up said trenches and restore the said public roads, streets, lanes, allesand side walks to as good a condition as they were respectively in bef the said trenches were dug at the proper cost and expense of the sal Penalty for opening communication with gas main, or company. SECTION 11. That if any person or persons shall open a communicate into the street gas main, or other gas pipe of the said company, wit out authority from the inspectors or other authorized agents of the s other gas pipe. company, or shall let on the gas after it has been stopped by order the said inspector or other authorized agent of the said company for repairs or any other cause or purpose, or shall put up any pipes or burner in addition to the pipes or burners originally put up and inspected an introduce the gas into them without authority as aforesaid, he, she, o they shall be subject to a penalty of not less than ten or more tha fifty dollars for each and every such offence, to be recovered as debts of the like amount are recoverable in law, one-half to be paid to the informer, and the other half to the said company. Malicious inju. ries to works, how punished. Proviso. Elections in Repeal. SECTION 12. If any person shall wilfully or maliciously do, or caus to be done any act or acts whatever whereby any building, construction. or works of said company, or any gas pipe, gas post, burners or retiertors, or any matter or thing appertaining to the same shall be stopped, obstructed, injured, or destroyed, the person or persons so offending shall be considered guilty of a misdemeanor, and being thereof indicte and convicted in the Court of Quarter Sessions shall be punished by fire not exceeding one hundred dollars or imprisonment not exceeding one year, or both at the discretion of the court: Provided, Such criminal prosecution shall not in any wise impair the right of action for damages by a civil suit hereby authorized to be brought for any such injury as aforesaid, by and in the name of the said corporation in any courtin this State having cognizance of the same. SECTION 13. That at the next annual spring elections, and thereafter, whenever the annual township elections are held for the election of township officers in the townships of Salisbury and Caernar von, in the county of Lancaster, the qualified electors of said townships respectively shall elect one person to fill the offices of assessor and constable, in the respective townships, and the said offcers so elected, according to law, shall perform the duties of assessor and constable of their respective townships, and shall be entitled to all the rights, privileges, and emoluments of the said offices of assessor and constable of their respective townships, and shall be subject to all the penalties, liabilities, restrictions, and regulations to which those who fill the offices of assessor and constable are by the laws of this Commonwealth now subject. SECTION 14. That all laws inconsistent with this act, be, and the same are hereby repealed so far as they relate to the said townships of Commissioners. Salisbury and Caernarvon, in Lancaster county. SECTION 15. That A. N. Cassel, J. Foreman, and Frederick Hippie, Lancaster county, and William F. Murray, and Christian Engle, of Duty of com missioners. SECTION 17. That it shall be the duty of said commissioners plainly Further duties. nark upon the ground the route agreed upon for the road aforesaid, such manner as to enable the supervisors readily to find the same, nd for the purpose of fulfilling the duties in this act enjoined, the said ommissioners are hereby authorized to employ two chain-carriers and ne axe-man, at a per diem allowance not exceeding one dollar, and the aid commissioners respectively shall receive a per diem allowance not xceeding two dollars for each and every day necessarily spent in the ischarge of the duties enjoined by this act, to be paid in manner and orm hereinafter directed.. SECTION 18. That it shall be the duty of said board of commissioners Drafts to be o make out a fair and accurate draft of the location of said road, res- made out and pectively noting thereon courses and distances as they occur, the im- filed. provements passed through, and also the crossing of township lines, roads, and waters, with such other matters as may serve for explanation, one copy whereof to be deposited in the office of the Secretary of the Commonwealth, before the first day of January next, and one copy in the offices of the clerks of Quarter Sessions of the respective counties in which the said road may be laid out, the said read shall be to all intents and purposes a public highway, and shall be opened to the breadth, and repaired in all respects as roads are opened and repaired which are laid out by the order of courts aforesaid. SECTION 19. That the accounts of said commissioners, for their own Accounts, how pay and the pay of the chain-carriers and axe-man, shall be made out settled. and returned to the commissioners of the county in which said road may be laid out, in proportion to the time spent in the said county in locating said road, and they shall be paid out of the treasury of each of the respective counties, on warrants drawn in the usual way. missioners. SECTION 20. That the said commissioners shall meet on or before the first day of August next, at such place as a majority of them shall Meeting of comagree upon, and complete the location of said road as soon as practicable, and if any vacancy shall happen by resignation or any other cause, the said commissioners shall supply such vacancy by a suitable appointment, and in the event of a difference of opinion, a majority of the commissioners shall determine, and the report of such majority shall be conclusive and as available as if made by all of them. WHEREAS, Ann Kimmell, late of Lancaster county, died intestate, possessed of a small estate, having no issue, but having a mother who Preamble. survived her to whom said deceased's estate would descend, not subject to collateral inheritance tax by the then existing laws, but nevertheless the administrator of the said deceased, by mistake paid the sum of one hundred and fifty-nine dollars and ninety-five cents to the register of State Treasurer wills of said county, which sum has since been paid into the Stat Treasury; therefore, SECTION 21. That the State Treasurer, be, and he is hereby authe to refund cer- rized and required to refund to George Getz and George Lahm, admit tain moneys to istrators of the estate of Ann Kimmell, deceased, the sum of on Getz and Lahm. hundred and fifty-nine dollars and ninety-five cents, being the amount paid by the said administrators to the register of wills, in the county of Lancaster, as collateral inheritance tax, when no such tax was due to the Commonwealth from said deceased's estate: Provided, That the State Treasurer shall first be satisfied of the truth of the facts set forth in the preamble to this section. APPROVED The tenth day of April, A. D., one thousand eight huo dred and fifty-one. WM. F. JOHNSTON. No. 285. AN ACT For the relief of Nathan P. Brower, Davis E. Brower, Ann W. Weaver, Grace SECTION, 1. Be it enacted by the Senate and House of Represene tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Claim of Nathan the Canal Commissioners be, and they are hereby authorized and reP. Brower, and quired to examine the claim of Nathan P. Brower, Davis E. Brower, others. Corporation. Style. Privileges. Ann W. Weaver, Grace Sweney, Thomas Weaver, and Ann Bond, for damage done by burning White Hall hotel, on the Philadelphia and Columbia railroad, and report the facts, together with the amount of damage, if any, to the Legislature. SECTION 2. That the persons who are now, or may hereafter become members of the Spring Garden institute, in the county of Philadelphia, according to the terms of the constitution thereof, are hereby created a body politic and corporate, in deed and in law, and by the name of "The Spring Garden Institute," shall have perpetual succession, and be able to sue and be sued, implead and be impleaded, in any court of law or elsewhere, and shall be able to receive, take, have, hold, and enjoy to them and their successors, for the use of the said institute, any estate in lands, messuages, tenements and hereditaments, goods, chattels, money or effects, of what nature soever, by gift, grant, bargain, sale, assurance, devise, or bequest, from any body corporate, or persons whatsoever, and the same, or any part thereof, to sell or dispose of at leasure, and to make, have, and use a common seal, and to break, alter, SECTION 3. The first, third, fourth, fifth, sixth, seventh, eight, and Certain articles inth articles, of the constitution of the Spring Garden institute, which of the constitution of the Spring re inserted in this section, shall be deemed and taken as a part of this Garden Institute ct, to all intents and purposes, and the second article thereof shall be made part of thie and remain subject to such alterations and amendments from time to act. ime. touching the amount required to constitute membership as nay be deemed expedient, by a vote of two-thirds of the members present, at any annual or special meeting of the institute: Provided, That notice of the proposed alterations or amendments be given by posting the same in the reading room for one month previous to the meeting. SECTION 4. The officers and managers of the Spring Garden insti- Officers and tute now acting, viz.: John M. Ogden, president; John Bouvier, vice managers. president; Philip M. Price, treasurer; John W. Dixon, secretary; and William B. Thomas, Adam Diller, Henry Budd, John G. Moore, Alva E. Laing, S. Harvey Thomas, Hiram Ayers, William R. Stockton, Wilson Jewell, William P. Jenks, William H. Schreiner, Isaac C. Price, William Curry, Joseph Plankinton, John Simmons, James D. Whetham, Henry F. Leib, James Steele, William Vandever, William Nicholson, James R. Garigues, John Baird, John B. Green, and Hiram Miller, the board of managers of the institute, hereby incorporated, until the stated annual meeting of the institute, as provided for in the fourth article of said constitution. The name of this association shall be the "Spring Garden Institute," its primary object the promotion of the moral and intellectual improvement of young persons. ARTICLE II.-Membership. Any person, by paying two dollars annually, or twenty dollars at one time, as a life subscription, shall be entitled to membership in this institute and to all its privileges, and any subscription of fifty dollars shall entitle the contributor to three life certificates, one for himself and the others for such persons as he may designate. ARTICLE III.-Officers. The officers shall be a president, vice president, treasurer, secretary, and twenty-four managers, who, together shall constitute a board for the transaction of business, and shall report annually their proceedings to the institute. ARTICLE IV.-Meetings. The institute shall hold a stated meeting on the second Thursday of January, in each and every year, when the annual report of the board of managers shall be read, and the officers and managers for the ensuing year shall be elected by ballot, but no members whose subscriptions are unpaid shall be entitled to a vote or be eligible as officers or managers of the institute; special meetings shall be called by the president |