to the next general election, the expenses of which to be paid out of the county treasury. WM. A. CRABB, Speaker of the House Representatives. Speaker of the Senate. APPROVED-The thirty-first day of March, one thousand eight hundred and forty-one. DAVID R. PORTER. Corporaters [No. 67.J AN ACT To incorporate the Mutual Fire Insurance Company, of Montgomery 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 William Earnest, William H. Dewees, John Styer, Peter Colehower, Edward Foulke, Isaiah Lukens, Isaac Burk, William Barton, Jacob Fisher, Frederick W. Hoover, David Jones, Jesse Barns and Lukens Paul, and such other persons as are or may be associated with them, under the authority of this act, being citizens of Montgomery county, their successors or assigns, are hereby made a corporation, by Style & title the name of the Mutual Fire Insurance company of Montgomery county, and they and their successors are hereby made a body politic and corporate in law, with all the legal incidents of a corporation aggregate: Provided, That they shall not have power to hold a greater amount of real estate, than is necessary for the use of the corporation, in the transaction of the business thereof, or such as shall be taken in security for, or in payment of, debts; nor shall the yearly income thereof exceed two thousand dollars; nor shall any by-laws be repugnant to this instrument, the constitution of the United States, or this Commonwealth. Proviso Number of managers Insurers SECTION 2. The power of this association shall be vested in thirteen managers, to be chosen by ballot annually, on the first Monday of November, at an annual meeting of the company to be held, and each member being entitled to one vote. SECTION 3. Each insurer in or with said company, shall be a member thereof during the term of his or her policy, and no longer. SECTION 4. That general meetings of this company, shall be Time of meetheld annually on the first Monday of November, at some con- ing venient place in said county, and also whenever called by the board of managers, or whenever requested by twenty members. And the members shall, at such general meeting, pass all by-By-laws laws, rules and regulations necessary for the well government of the affairs of the corporation, or vest the power so to do in the board of managers. And all elections shall be by ballot, Elections each member entitled to one vote. Said election to be conducted by three judges, chosen by the members present for that purpose, who shall certify under their hands, the result of said election; and the same to be filed with the papers of the corporation. The managers for the time being, shall choose from among their own members, one to be president; and President shall also from time to time, as it may be necessary, choose a treasurer, also appoint a secretary, and such other agents and officers as may be necessary, and fix their respective fees and salaries, and require such bonds for the faithful discharge of the duties assigned, as may be deemed necessary, or the interest of the company may require; and shall have full power to suspend, remove, or displace any such officer or agent of the company, and supply any such vacancy which may happen by death, removal, or resignation of, among their own members, until the next election; and they shall, at the annual meeting of the members, present to the company a general statement of its affairs. Salaries Vacancies SECTION 5. The president and managers shall have full power Power to inon behalf of said corporation, to make insurance against losses sure by fire, on any house, tenement, manufactory, barn, or other buildings, and goods, wares, merchandize and effects, and household furniture therein, and on hay, grain and other agrieultural products, in barns, stacks, or otherwise, and generally on all kinds of goods, wares, and merchandize, and effects, (except books of accounts, bills, bonds, ready money, jewels, plate, paintings, engravings and large manufactories) to make, execute and perfect, such and so many contracts, bargains, agreements, policies and other instruments, as shall or may be necessary, and as the nature of the case shall or may require. And every such contract, agreement and policy, to be made by Contracts the said corporation, signed by the president, and attested and signed by the secretary, and also shall be signed by the party insured. And the president and managers are hereby empowered, to have made, and to procure a seal, with such device as Seal they may deem proper, to be used by them as the common official seal of the company. SECTION 6. It shall be lawful for said company, to employ Right to purand improve all moneys received by them, and the profits chase ground thereof, in the purchase of any ground rents or mortgages, or rents &c in any loans on good and sufficient security; and no money shall be drawn from the funds of the said company, for the purpose of making dividends, or dividing profits, nor for other purposes, than first to defray the current or incidental charges Restrictions of the corporation, and then for the purpose of such damages as any member of said company, or insurer, may be justly entitled to. And when the just demand of any insurer in said company, or member thereof, shall exceed the amount of its available funds on hand, such sums as shall be necessary to pay the same, shall, without unnecessary delay, be assessed by any three of the board of managers appointed by the president, on the insurances; each member to pay in proportion to the amount he has insured, and publish the same. And all Payment of and every of the members of the company, shall pay into the rates, when & hands of the treasurer, his, her, or their proportionable part of such rates, within forty days after such publication as aforesaid; and in default of such payment, he, she, or they, and every of them making such default therein, shall forfeit and pay double the said rates; and neglecting to pay the said forfeiture for fifty days more, may, by the managers for the time being, be excluded and debarred from any benefit or advantage from his, her, or their insurances respectively, and all right to the stock of this company; and shall, notwithstanding, be liable to said rates, pursuant to his, her, or their covenants and agree how to be made Committee to to ascertain loss by fire ments. SLCTION 7. All and every of the members of this company, be appointed who shall sustain any loss by fire, shall give immediate notice to the president of the company, who shall appoint a committee of three from the board of managers, that shall examine and inquire into the same; and the said managers, with all convenient expedition, shall inquire into the same, and after ascertaining the sum which said parties shall be lawfully entitled to, make provision and payment as herein is specified. Incidental charges and fees SECTION 8. The members shall, at their general meetings, fix such rates of insurance, and incidental charges, and fees, as may be deemed equitable and proper, or vest the power so to do in the board of managers. And any person who shall become a member of this corporation, by effecting insurance therein, shall, the first time he effects insurance, and before he or she receives his or her policy, pay the rates that shall be fixed and determined upon; and no premium so paid, shall ever be withdrawn from said company during the continuance of its charter. SECTION 9. That in case any assured named in any policy Assignee to Lave the ber.e- or contract of insurance made by the said corporation, shall lit of original sell, convey, or assign the subject insured, it shall be lawful policy for such assured, to assign and deliver to the purchaser, such policy or contract of insurance; and such assignee shall have all the benefit of such policy or contract of insurance, and may bring and maintain a suit in his or her own name: Provided, That before any loss happens, he or she shall obtain the consent of the president or secretary to such assignment, and have the same endorsed on or annexed to such policy or contract of insurance, to be according to the aforesaid directions for that purpose, and not otherwise. power to re SECTION 10. That the nett profits arising from interest, or Nett profits & otherwise, shall be ascertained yearly to every member, in interest proportion to his, her, or their deposit, for which each member shall have a credit in the company's books; nothing in this charter to be construed as to allow any of the funds of the association to be used for banking or manufacturing purposes. SECTION 11. If at any time it shall appear that the chartered Engagements privileges hereby granted, are injurions to the public welfare, not to be the power thereof to repeal, shall not effect any engagement to effected by which the said company may have become a party previously thereto; and that the said company shall have a reasonable time to bring their accounts to final settlement. SECTION 12. The first thirteen named persons in this bill, Organization to constitute the first board of managers, with power to organof company ize the corporation, and appoint a president and other officers and agents, agreeable to the spirit of this act, and to hold their power and authority until the next election, as is herein provided, with all the powers contemplated to be vested in the -board of managers elected by the company, under the authority of this act. peal SECTION 13. No policy shall be issued by the corporation, Policy until application be made for insurance to the amount of four hundred thousand dollars. & maintained SECTION 14. Suits of law may be prosecuted and main- How suits tained by any member against said corporation, for losses or may be bro't damage insured against by them, if payment is withheld more than sixty days after the company is duly notified of such losses; and no member of the corporation, not being in his own individual capacity a party to such suit, shall be incompetent as a witness: Provided, The managers do not agree to rebuild or replace the property lost or damaged, in which case a reasonable time shall be allowed them. Proviso SECTION 15. Any amendment or alteration may be made Amendment to the constitution, at any general meeting, by a majority of of constitut'n the whole association: Provided, The same is not repugnant to the constitution of this Commonwealth or of the United States. WM. A. CRABB, APPROVED-The thirty-first day of March, one thousand eight hundred and forty-one. [No. 68.] AN ACT Relative to the claims of Royer and Schmucker for damages sustained on the Frankstown Branch of the Juniata river, by the construction of the Pennsylvania Canal, and for other purposes. 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 Canal comm's of the same, That the canal commissioners be and they are to examine claim of Royer and Proviso To settle D. Foreman for building locks hereby authorized and required to examine into the claim of John Royer and George Schmucker, doing business under the firm of Royer and Schmucker, for damages done to Cove Forge, and other property, belonging to them on the Frankstown branch of the Juniata river, by reason of the construction of the Pennsylvania canal, taking into consideration the advantages derived by them from the same; also into the damages sustained by them by the freshet in June, one thousand eight hundred and thirty-eight, and whether the destruction or injury to their property occasioned thereby, was caused in any degree by the construction of the state works on the said canal, and to award to the said Royer and Schmucker, such sum for their damages as on a full examination of the whole case, they shall deem them to be entitled to, and to draw their warrant upon the state treasurer in their favor for such amount, to be paid out of any moneys in the state treasury not otherwise specifically appropriated: Provided, That the said Royer and Schmucker, if dissatisfied with the sum awarded by the said canal commissioners shall have the same right of appeal to the board of appraisers, and under the same regulations and provisions as are provided in other cases. for SECTION 2. That the canal commissioners be and they are claim of Gco. hereby authorized to settle the claim of George D. Foreman, compensation for building locks number one and ten of the Erie extension of the Pennsylvania canal, on fair and equitable principles, and if any thing shall be due to him, to draw their warrant on the treasury for the sum awarded, out of any moneys in the said treasury not otherwise appropriated: Provided, That said injury shall not extend beyond the claim for stone quarried, and alleged to have been suitable for the purpose which he was not permitted to use, and which were afterwards used by the Commonwealth, and for alterations in his contracts, and verbal or written arrangements with the Proviso officers of the line. |