Commissioners to give twenty days notice of the time of organizing the company. President, twelve managers, treasurer and be chosen by bal lot. Authorized to make by-laws, &c. under certain limitations. and estates, real and personal, as shall be necessary to them in the prosecution of their works, and of suing and being sued, and of doing all and every matter and thing which a corporation or body politic may lawfully do. SECT. III. And be it further enacted by the authority aforesaid, That the commissioners aforesaid as soon as conveniently may be after said letters patent shall be obtained, shall give notice in three of the public newspapers, one in the town of Hanover, one in the borough of York, and one in Gettysburgh, of a time and place by them to be appointed, not less than twenty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes of the said subscribers by ballot to be delivered in person or by proxy duly authorized, one president and twelve managers, one treasurer and such other other officers to officers as they shall think necessary to conduct the business of the said company for one year; and until such other officers shall be chosen, and shall and may make such by-laws, rules, orders and regulations not inconsistent with the constitution and laws of the United States, and this State as shall be necessary for the well ordering the affairs of the said company, and generally have like powers, authorities and privileges necessary carrying on and completing the said turnpike road, and be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, and be entitled to like tolls and profits in proportion to the distance, as are given and granted to the presi dent, managers and company of the Susquehanna and York borough turnpike road; Provided, That if the company shall not proceed to carry on the said work in three years after the passing of this act, or shall not within seven years afterwards complete the said road according to the true intent and meaning of this act, then, in either of these cases, all and singular the rights, liberties and franchises hereby granted to the said company, shall revert to this commonwealth. Similar powers and privileges, and restrictions. to those prescribhanna and York ed to the Susqueborough turnBike road. Proviso. JOHN WEBER, Speaker for of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the sixth day of February, one thousand eight hundred and eleven. SIMON SNYDER, CHAPTER XXVI. An ACT establishing an Academy in the town of Butler, in in Butler county. Style of the insti Six trustees to be SECT. I. 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 Academy eretted there shall be and hereby is established in the town of Butler, in Butler county, an academy or public school for the education of youth in the English and other languages, in the useful arts, sciences and literature, by the name, style and title of the "Butler Academy," under the care, direction and government tution. of six trustees, viz. Jacob Mechling, Samuel Williamson, John M'Queston, John Gilmore, Walter Lowrie, and Robert Graham, appointed. Their names. junior, which said trustees and their successors, to be elected as herein mentioned, shall be and hereby are declared to be one body politic and corporate, in deed and in law, by the name, style and title of the "Trustees of the Butler Academy," and by the same name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, in all courts of record and elsewhere, and shall be competent and capable in law Powers, priviand equity to take and to hold to them and their successors for leges, &c. the use of said academy, lands, tenements, hereditaments, goods and chattels of whatsoever kind, nature or quality, real, personal or mixed, by gift, grant, bargain, sale, conveyance, assurance, will, devise or bequest, from any person or persons whomsoever, capable of making the same, and the same from time to time to grant, bargain, sell, demise, alien or dispose of for the use of said academy, and to erect such buildings as may be necessary, and generally to do all and singular the matters and things which shall be lawful for them to do for the well being of the said academy, and the due management and ordering the affairs thereof; Provided always, That the yearly value or income of the estates or money shall not exceed four thousand dollars. SECT. II. And be it further enacted by the authority aforesaid, Trustees to be That the number of trustees shall be six as aforesaid, and shall six; term of ofbe so changed as that none of them shall continue in office for a longer time than three years without being re-elected by the people of the said county, and for that purpose it shall be the duty of the said trustees at their first meeting, when not less than four of them shall be present, which members shall be a Four to constitute board or quorum to do business; and they are hereby authorized a quorum. and required to cast lots for ascertaining the members to be Rotation in the changed each year until the whole number shall be changed; office of trustees, and in order annually to supply the vacancy as the same may take place, the citizens of the county of Butler on the second Two trustees to Tuesday of October, one thousand eight hundred and twelve, ally Proviso. fice. be elected ann Proviso for filling vacancies. Time of the first meeting of the trustees and where. Treasurer to be allv. His duties. To give bond, and annually thereafter, at the same places and in the same manner and under the same laws, rules and regulations as members of the state legislature shall be chosen, shall elect two trustees to supply the place of the trustees going out of office; Provided always, That in case the places of any of the trustees shall become vacant by death or resignation, or otherwise, the remaining trustees shall appoint a person or persons to fill such vacancy or vacancies until the next general election when the class in which vacancy or vacancies may happen, are to be chosen. SECT. III. And be it further enacted by the authority aforesaid, That the first meeting of the said trustees shall be at Butler town on the third Tuesday of May next. SECT. IV. And be it further enacted by the authority aforesaid, appointed annu That the trustees shall appoint a treasurer annually, who shall receive and hold all monies belonging to the institution, and pay the same on orders signed by the board, he shall keep fair accounts thereof, to be open at all times to the inspection of the trustees, and before he enters upon the duties of his office shall give bond in any sum, at their discretion, with two or more sufficient sureties conditioned for the performance of duties enjoined, and the repayments of monies received by him. 2000 dollars grant ed to the institution. SECT. V. And be it further enacted by the authority aforesaid, That the sum of two thousand dollars be, and the same is hereby granted out of any unappropriated money in the treasury of this How to be appli- commonwealth to be paid to the treasurer of the institution, by the state treasurer on the order of the said trustees or any four of them herein before mentioned, to be applied under their direction, one thousand dollars thereof in the erection of a building or buildings, suitable for the accommodation of the institution, on the lots for that purpose laid out by the trustees of said county, and the purchasing of books, mathematical instruments, and the necessary philosophical apparatus, and the remaining thousand dollars shall be placed in some productive fund or funds, and the income thereof shall be forever applied in aid of other revenues to compensate a teacher or teachers in said academy; and there shall be admitted into said academy, in consequence of the aforesaid appropriation, any number of poor children of said county that may at any time be offered in order to be provided with books and stationary, and taught gratis, dren to be taught provided the number so admitted and taught shall at no time be greater than five, and that none of the said children so admitted shall continue in said academy to be taught gratis, should others apply, longer than two years. Five poor chil gratis. "Trustees to exhi bit their books annually to the SECT. VI. And be it further enacted by the authority aforesaid, That the said trustees and their successors, under the penalty County auditors of forty dollars each, to be recovered for the use of said corporation as debts to that amount are by law recoverable, shall an under the penalty et 40 dollars, nually exhibit all their books, accounts and vouchers of every kind, to the auditors of the said county of Butler, to be settled and adjusted in the same manner as the accounts of the county commissioners are or shall be by law directed to be settled, adjusted and published, on every third year at the expense of the county aforesaid. JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the sixth day of February, one thousand eight hundred and eleven. SIMON SNYDER. CHAPTER XXVII. An ACT altering and amending" An act to erect Lewistown, in the county of Mifflin, into a borough." the town of Lew ated. Its boundariés. SECT. 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 Lewistown, The erection of in the county of Mifflin, shall still continue and forever remain a is town into a borough, which shall be called the " Borough of Lewistown," the borough perpetuextent and bounds of which shall be the same as in the original law, to wit: Beginning at a post on the bank of the river Juniata, thence north, thirty-eight degrees west, forty-one perches to a post; thence north, fifty-two degrees east, one hundred and sixty-one perches to a post; thence south thirty-eight degrees east, one hundred and forty-three perches to a post, on the south side of Kishacoquillas creek; thence down said creek south, eighty-five degrees west, seventeen perches to a post; thence north, sixty-eight degrees west, fifty perches; thence south, sixty-two degrees west, twenty-two perches; thence south, forty degrees west, forty-six perches to the mouth of the said creek; thence up the said river north, seventy-eight degrees west, forty-five perches, and thence west, thirty-two perches to the place of beginning. electors of bur where. SECT. 11. And be it further enacted by the authority aforesaid, Qualifications of That it shall and may be lawful for the citizens of said borough, gessess, &c. entitled to vote for members of the general assembly, having Times for holdresided therein at least six months immediately preceding the ing elections, and election, on the Friday next preceding the third Saturday of March next, and on the same day in every year hereafter to meet at the court-house in said borough, and then and there between the hours of one, and six in the afternoon, elect by what officers to ballot, one reputable citizen, who shall be styled the chief be elected. Who shall be elegible. duct the elections Oath or affirma intered. burgess," one other reputable citizen who shall be styled the "assistant burgess," and five reputable citizens to be a town council, all of whom shall be residents of said borough, and shall have resided therein at least one year next before their election. And shall also at the same time and place elect as aforesaid one reputable citizen as high constable; but previously to the opening of said election, such of the inhabitants as are then present shall elect two reputable citizens to preside as judges, one as inspector, and one as clerk of the said election, Officers to cons which shall be regulated and conducted so far as relates to to be appointed. receiving and counting votes according to the general election law of this commonwealth, and who shall be subject to the same penalties for malpractices as by the said law is imposed, and the said judges, inspector and clerk, before they enter upon tion to be admin- the duty of their respective offices, shall take an oath or affirmation before any justice of the peace of said county, to perform the same with fidelity, and after said election shall be closed shall declare the persons having the greatest number of votes to be duly elected, and in case that two or more candidates mining who shall should have an equal number of votes, the preference shall be have the prefer- determined by lot, to be drawn by the judges in the of presence the inspector and clerk, whereupon duplicate certificates of said election shall be signed by the judges, one of which shall be delivered to the clerk of the court of quarter sessions of the said county, to be filed in his office, and the other shall be filed with the papers belonging to the corporation; and it shall be the duty of the high constable of the preceding year to give notice in en to the persons writing to each of the persons so elected as aforesaid; and in case of the death, resignation, removal or refusal to accept of any of the said offices, the chief burgess or in case of his absence or inability to act, the assistant burgess shall issue his precept directed to the high constable, to hold an election in manner aforesaid, to supply such vacancy, giving at least six days notice of such election, by at least six advertisements set up in the most public places in said borough. Mode of deter ence, &c. Certificates of election to be delivered, &c. Notice to be giv elect. Mode of supplying vacancies. Burgesses and town council to &c. Style. SECT. III. And be it further enacted by the authority aforesaid, be a body politic, That the burgesses and town council duly elected as aforesaid, and their successors forever hereafter, shall be one body politic and corporate in law, by the name of, "The Burgesses and Town Council of the borough of Lewistown in the county of Mifflin," and shall have perpetual succession; and the said burgesses and town council aforesaid, and their successors forever hereafter, shall be capable in law to have, get, receive, hold and possess lands, tenements, rents, liberties, jurisdictions, franchises and hereditaments, to them and their successors in fee-simple, or otherwise; also goods, chattels and other things of what nature or kind soever, not exceeding the yearly value of three thousand dollars, and also to give, grant, let, sell and assign the Powers and privileges. |