Location. Subject to provisions of cer tain act. Capital stock. . Commencement road, leading from the borough of West Chester in the county of Chester, by Darlington's corner Dillworth's town and Painter's cross roads to the city of Wilmington in the State of Delaware, commencing in the borough of West Chester, in the public road aforesaid, at the point where Union street crosses the same, and ending at the Delaware State line at the northern termination of the Concord turnpike, subject to all the provisions and restrictions of an act regulating turnpike and plank road companies, passed the twenty-sixth day of January, one thousand eight hundred and forty-nine, excepting that portion of the thirteenth section of said act relating to tolls, which discriminates in favor of wheels of the width of four inches and upwards, and the company hereby incorporated shall have power to regulate their tolls within the limits prescribed by the said thirteenth section, without reference to the width of wheels in any case. SECTION 2. That the capital stock of said company shall consist of two thousand shares at twenty-five dollars per share; Provided, That said company may from time to time, by a vote of the stockholders at a meeting called for that purpose, increase their capital stock so much as in their opinion may be necessary to complete the road and to carry out the true intent and meaning of this act. SECTION 3. That if said company shall not commence the construcand completion tion of their road within two years after the granting of this charter, of road. Fees of justices of peace in Chester co. Sluices upon Chichester creek, Dela ware co. Proviso. " Name changed. Repeal. Repeal. and complete the same within five years thereafter, this act shall be null and void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company SECTION 4. That the justices of the peace in the county of Chester, shall be entitled to a fee of twenty-five cents for each and every order of relief for a pauper made out by them, to be paid out of the county funds. SECTION 5. That it shall be lawful for the owners of lands upon that part of Chichester creek, in Delaware county, which lies between the Wilmington great road and the head of tide, or any of them, to fix and maintain a sluice upon said creek at any place between the said points, for the purpose of keeping the tide waters from passing up the said creek; Provided, That the consent of all the said land owners be first obtained in writing; And provided also, That this section and the privilege hereby granted, shall continue in force for five years and no longer. SECTION 6. That the name of the Chester, Media and Crookville plank road company, be, and the same is hereby changed to the Chester and Crookville plank road company, and its capital stock reduced to four hundred shares at twenty-five dollars per share. SECTION 7. That the act to which this is a supplement be, and the same is hereby repealed so far as relates to that part of the road which lies between the Philadelphia, Wilmington and Baltimore railroad, and the junction of the Providence and Middletown roads, and that part which extends along said Providence road to Media. SECTION 8. That the third, fourth and sixth sections of the act to which this is a supplement be, and the same are hereby repealed W. P. SCHELL, Speaker of the House of Representatives. APPROVED-The third day of March, A. D., one thousand eight hun. dred and fifty-three. WM. BIGLER. No. 115. AN ACT To incorporate the Union insurance company of Mercer county. Corporators. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That James R. Wicks, F. H. Judd, Wm. Gibson, Joseph McArthur, Charles Campbell, John Philips, Wm. A. Torrey, Edwin D. Knapp, Alex. W. Woodworth, Samuel G. Clark, and D. A. Finney, and all other persons who may become members of said company in the manner herein prescribed, be, and are hereby incorporated and constituted a body politic and corporate, by the name and style of "the Union insurance com- Style. pany," for the purpose of insuring dwelling houses, stores, and other buildings, household furniture, merchandize, and other personal property against loss or damage, whether the same shall happen by fire, Privileges. lightning, accident, or any other means, except by design of the insured or by the invasion of an enemy, or insurrection of the citizens of this or any of the United States, and by that name may sue and be sued, appear, prosecute, and defend in any court of record or other court or place whatever, may have and hold a common seal, the same to alter Seal. and renew at pleasure, may purchase and hold such real estate as may be necessary to effect the objects of this corporation, and the same sell and convey at pleasure, may make and enforce such by-laws, the same not being contrary to the Constitution or laws of this State or of the United States, as may be necessary or convenient for the government or management of its affairs, and may do and perform all such acts and things as may be necessary to carry into effect the provisions of this act. SECTION 2. That all persons who shall at any time be insured in Who shall be said company shall be members thereof during the continuance in force members. of their respective policies and no longer, and shall at all times be bound by the provisions of this act. SECTION 3. That the affairs of said company shall be managed by a Management of board of directors, to consist of not less than seven nor more than fif- affairs. teen members, as may be regulated by the by-laws of said company, said directors to be chosen by ballot fro.. among the members of said company, and a majority of the whole board shall constitute a quorum for the transaction of business; the persons named in the first section of this act shall be the first directors of said company, and shall continue in office until others may be chosen, and no longer, which directors shall be elected on the first Wednesday in January in each year; such election shall be held at the office of the said company at such hour of the day as the board of directors for the time being shall appoint, notice of which shall be given in one of the newspapers printed in cach of the counties of Mercer and Crawford, at least thirty days immediately preceding such election, and such election shall be holden under the inspection of three members, not being directors, to be appointed previous to every election by the board of directors; such election shall be made by a plurality of votes of the members present, or their proxies, allowing to each member one vote for each hundred dollars by Officers. Failure to elect corporation. Rates of insurance. him, her, or them insured in said company, and the board of directors are hereby authorized at any of its meetings, to provide a form for the apportionment of proxies, and to specify the evidence that may be required in the execution thereof. SECTION 4. That the board of directors shall elect a president, vice president, secretary and treasurer from among their own members who shall hold their respective offices for the period of one year and till others are chosen in their place, the board of directors may also appoint an executive committee from among their own members, and such committee, when the board is not in session, may exercise all the powers vested in this company, except where the company has by its by-laws otherwise provided; the board of directors may appoint examiners, agents and such subordinate officers as they shall deem necessary, who shall hold their offices during the pleasure of the board. SECTION 5. That if it shall at any time happen that an election of not to dissolve directors shall not be made on any day when pursuant to this act it ought to have been made, the said corporation shall not for that cause 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 the said corporation. SECTION 6. That the rates of insurance shall be from time to time fixed and regulated by the company, and premium notes therefor shall be received from the insured, which shall be paid at such time or times and in such sum or sums as the company shall from time require for losses and expenses, any person applying for insurance, so electing, may pay a cash premium in addition to the premium note or a definite sum of money, to be fixed by said company, in full for said insurance and in lieu of a premium note. Division of ap. plications for insurance. Average in case of losses. Cash premiums. Alienation of property. Proviso. SECTION 7 That the said company may divide applications for insurance into two or more classes according to the degree of hazard, the cash premiums and premium notes received for insurance in each class shall constitute resources of that class, the accounts and business of each class shall be kept separate and entirely distinct, the cash premiums and premium notes of one class shall never be used for the payment of the losses or expenses of the other class or classes, when there is a mutuality of expense, as for office rent, advertising &c., it shall be left to the discretion of the directors to specify the sum to be charged to each particular class. SECTION 8. That if it ever should so happen that the whole stock and contribution of either class be insufficient to pay and satisfy all the losses in that particular class, in such case a just average shall be made and the payment to be demanded by virtue of any policy in that class shall be a dividend of such stock and contribution in proportion to the amount of loss; should there be an excess of funds the directors shall have power to declare a dividend. SECTION 9. That the cash premiums received by the said company for risks in lieu of premium notes, shall be applied in payment of losses and expenses before any assessment shall be made upon said premium notes, and the said cash premiums, together with the premium notes, shall constitute the capital stock of this company. SECTION 10. That when any property insured by this company shall be alienated by sale or otherwise, the policy thereupon shall be void, but in such cases it shall be lawful for such insured to assign and deliver to the purchaser or purchasers such policy of insurance, and such assignee or assignees shall have all the benefit of such policy, and may bring and maintain a suit thereon in his, her, or their own names: Provided, That before any loss happens he, she, or they shall obtain the consent in writing of the said company to such assignment, and have the same endorsed or annexed to the said policy of insurance. dence. SECTION 11. That whenever any assessment is made on any pre- Certificates of mium note given to the Union insurance company for any hazard taken security to be by said company, or as consideration for any policy issued or to be taken as eviissued by said company, and an action is brought for the recovery of such assessment, the certificate of the secretary of the said company specifying such assessment and the amount due the said company on such note by means thereof, shall be taken and received as prima facia evidence thereof in all courts and places whatever. SECTION 12. That the board of directors may invest and employ Application of the funds of the said company in such a way and manner as the inte- funds. rest and welfare of the company may require, and the interest and profits thus acquired shall be used for the benefit of said company. SECTION 13. That the operations and business of the said company Business, where shall be carried on and conducted in the village of Jamestown, in the to be conducted. county of Mercer, but no policy shall issue or be issued by said com pany until application shall be made for insurance of twenty-five thous and dollars at least. SECTION 14. That anything by this act authorized or required to be Duties of secredone by the secretary of this company, may be done by the deputy or tary may be clerk of such secretary having charge of the office, with the consent of done by deputy, the board of directors, with the like effect to all intents and purposes as if done by the said secretary. &c. SECTION 15. That this act to take effect immediately after its passage, When act to aud any two persons named in the first section of this act may call the take effect. first meeting of the company for the transaction of business. SECTION 16. That the fiscal year of this company shall commence Fiscal year. on the first day of January, and end on the last day of December in each and every year. SECTION 17. That the Legislature reserves the right to repeal or Reservation. annul the privileges hereby granted, if at any time they shall prove injurious to the citizens of this Commonwealth; Provided, however, That no injustice be done to the corporators. W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, Speaker of the Senate. APPROVED-The third day of March, A. D., one thousand eight hundred and fifty-three. WM. BIGLER. erected into a borough. oundaries. No. 116. AN ACT To erect the village of Darby, Delaware county, into a borough. SECTION 1 Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Village of Darby the village of Darby, in the county of Delaware, shall be, and the same is hereby erected into a borough, which shall be called the borough of Darby, and shall be bounded and described in the following manner beginning at a cedar tree on the Darby and Haverford road, on a line between A. Worrall and George Lincoln's land, thence along the line of said Worrall and Lincoln to Darby creek, thence down said creek to the line of Isaac L. Bartram and the heirs of John Ashland, thence along the line of said Bartram and Ash, crossing the Springfield road, and the same line continued between Isaac Bartram and John B. Bartram, to a point in said line that is intersected by a line along a lane running from the Chester road between the lands of William P. Pusey and Samuel Crothers, thence crossing the Chester road and passing through lands of Samuel Crothers, and along the line dividing the land of John Jackson and Samuel Crother's, to a corner of said John Jackson's land, thence along the line of said Jackson's land and passing through lands of Jonathan Heacock and Paxson Price to Darby creek, and thence up said creek to a point opposite the line between Elizabeth Grover and Benjamin E. Moore, thence along said line of Moore and Grover, and William Lincoln, to the west side of a private lanc, thence along said private lane to the Philadelphia and Darby plank road, thence along said plank road on the south side of Cobb' creck, thence up said creek to the corner of Hill Pennill's and Lewi Passmore's land, thence along the line of said Pennill's and Passmore to said Pennill's and Benjamin Serrill's land, thence along the line o Pennill and Serrill to Thomas L. Bonsall's land, thence on the line of said Pennill and Bonsall to the land late of Jacob Lincoln, deceased thence along the line of Pennill and Lincoln to Jabez Bunting's land thence on the line of Jabez Bunting and said Pennill to Bunting lane, thence crossing said lane on the line of Jabez Bunting and Ann Bunting to a corner, continuing on the same course to John H. Bunt ing's land, thence along a south-west course along the land of Jabe Bunting and John H. Bunting to Josiah Bunting's land, thence by th same course between Jabez and Josiah Bunting to Joseph Bunting land, and thence a straight course to the place of beginning. Who shall vote. Officers. SECTION 2. That the inhabitants of said borough entitled to vote fe members of the General Assembly, having resided within the bound of said borough at least three months preceding the election, shall hav power on the third Friday in March, annually to meet at the plac where the township clection for Darby township is now held, and sha! then, between the hours of one and seven in the afternoon of said day elect by ballot one reputable citizen residing therein, who shall be style chief burgess, and seven citizens of said borough to be a town council and one citizen of said borough to be high constable; and at the firs election held in said borough for borough officers, and thereafter an |