No. 192.

AN ACT

To authorize the Harrisburg, Portsmouth, Mount Joy and Lancaster railroad company, to lay an additional track.

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 the Harrisburg, Portsmouth, Mount Joy and Lancaster railroad com- Harrisburg, pany is hereby authorized to extend or widen the bed of said road, on Portsmouth, either or both sides, at such points as may be deemed expedient by Lancaster railMount Joy, and the directors, for the purpose of laying additional tracks or sidings road company thereon, not exceeding in the whole sixty feet in width, and in making authorized to such extension the company shall be subject to all the provisions rela- lay another tive to damages contained in the original charter of said company.

track.

SECTION 2. That the president and directors of said company are May issue hereby authorized to issue bonds in the corporate name and under the bonds. common seal of said company, payable at any period not exceeding thirty years from date, with interest coupons attached, payable semiannually, at the rate of six per cent. per annum, the said bonds not to exceed in the aggregate one million of dollars, and to execute in the corporate name and under the common seal of said company, a mortgage to secure the payment of said bonds and interest, upon all or any part of the real and personal property of said company, the tolls and profits thereof, and to sell and dispose of said bonds to enable said company to construct a double track on the whole or any part of their road, as they may deem proper, and to pay off and discharge the mortgage debts of the said company which will become due in one thousand eight hundred and fifty-eight; and the said president and Directors are further authorized to issue additional stock in the said company, in lieu of the bonds hereby authorized, and to dispose of the said stock for the above purposes, as the interests of the company may require: Provided, That no bonds issued in pursuance of this act shall Proviso. be for a less amount than one hundred dollars.

APPROVED-The second day of April, A. D., one thousand eight

hundred and fifty-three.

WM. BIGLER.

council of the borough of Youngsville.

No. 193.

AN ACT

To authorize the Burgess and Town Council of the borough of Youngsville, in Warren county, to lay out and open streets, lanes and alleys in said borough; to the Patent to a certain in-lot in the borough of Franklin; to the borough of Muncy; to the destruction of fish in any streams in the county of Pike; and to incorporate the Kittanning 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 the BurDuties of burgess and Town Council of the borough of Youngsville, in the county gess and town of Warren, shall have full power and authority, and they are hereby enjoined and required to lay out and open such additional streets, roads, lanes and alleys within said borough, as they shall from time to time deem necessary for the convenience and accommodation of the inhabitants of said borough: It shall be the duty of said Burgess and Town Council, within ten days after having laid out any street, road, lane or alley, and before the same shall be opened, to make or cause to be made a correct draft or plan thereof, and return such draft or plan to the office of the town clerk of said borough, and it shall be the duty of said clerk to receive, file and safely keep said draft or plan in his office, for public inspection and examination.

SECTION 2. That any person dissatisfied with the location of any street, road, lane or alley, by the Burgess and Town Council, as aforesaid, may within twenty days after the filing of the draft or plan, and not afterwards, give notice to the town clerk of said borough of such dissatisfaction, and said clerk shall appoint a day, not more than eight days distant from the time of receiving such notice, for the meeting of said the Burgess and Town Council and person or persons giving such notice, at the office of said town clerk, or at some other convenient place within said borough, of which meeting the said Burgess and Town Council, or either of them, and the person or persons giving the notice, shall be informed by the town clerk, at least four days before the time of meeting, at which time and place said town clerk shall attend: It shall be the duty of said Burgess and Town Council, or one of them, to attend at the time appointed for said meeting, or as soon thereafter as shall be expedient; the parties shall proceed to select three commissioners, to whom the matters in dispute shall be submitted; the manner of selecting said commissioners shall be as follows: The Burgess, or either member of the Town Council, may name one disinterested person, not a citizen of said borough; the person or persons dissatisfied may name one other disinterested person, not a citizen of said borough; the Burgess or either member of the Town Council and the person or persons dissatisfied, as aforesaid, may mutually agree upon the third person: In case the parties shall be unable to agree upon such third person, the town clerk shall appoint a disinterested person, not a citizen of said borough, to act as such third person: The persons thus chosen or appointed commissioners, shall proceed with as little delay as possible to review the street, road, lane or alley, the location of which is complained of, and may confirm, alter or vacate the same; said commissioners shall within six days after this review shall

have been completed, make a full report of their proceedings, in writing, to the town clerk of said borough, and it shall be the duty of said clerk to file and safely keep said report in his office for public inspection and examination; said report shall be final and conclusive in regard to said street, road, lane or alley, for the period of one year thereafter: The compensation to be allowed to commissioners shall be one dollar each per day.

SECTION 3. That if the location of said street, road, lane or alley, Pay of commis or the part thereof complained of, is vacated by said commissioners, sioners. their day wages shall be paid by said borough; and if the location of said street, road, lane or alley, is confirmed by said commissioners, their day wages shall be paid by the person or persons who gave notice of dissatisfaction, who shall be individually or jointly liable to each commissioner individually for such day wages; in either case such day to be collected as debts of like amount are by law collectable.

SECTION 4. That the damages sustained by the owner or occupier of Damages, how any land by the reason of the opening of any street, lane, road or alley paid. in said borough, shall be paid by said borough: The manner of ascertaining said damages shall be as follows: The owner or occupier of lands who may consider him or herself injured by the opening of any such street, road, lane or alley, shall file with the town clerk of said borough a statement of the injury sustained, and of his or her intention to claim damages for the same, which statement, and all subsequent proceedings therein by the officers of said borough, shall be entered by said clerk upon the borough records; it shall be the duty of the said clerk within six days after receiving such statement, to notify the burgess or either member of the town council of the same; said burgess and town council shall within ten days after receiving such notice, examine into said claim, and if in their opinion, or in the opinion of a majority of them, such person hath sustained damage by reason of the opening of said street, road, lane or alley, they shall fix the amount, and give the applicant notice thereof, in writing; if the person so applying for redress shall be content to receive said amount as a full com. pensation for the damages complained of, he shall give notice of such willingness to the burgess and town council, whereupon said burgess shall draw his order on the treasurer of the borough in favor of said applicant for said amount; but in case said burgess and town council, or a majority of them, shall be of opinion that said applicant is not entitled to damages, or if said applicant shall not be willing to receive the amount fixed by said burgess and town council in full of his claim, said applicant may apply by petition to the court of quarter sessions of the county of Warren, setting forth the cause of complaint; thereupon said court shall appoint three disinterested persons to view the premises and assess the damages, if any, which such petitioner may have sustained by reasou of the opening of said street, road, lane or alley, through his or her land.

SECTION 5. That the viewers so appointed, after being duly sworn Daties of by any person having power to administer oaths, or by one of their own viewers. number, who is hereby authorized to administer the same, well and truly to view said premises, and justly to assess the damages, shall proceed to perform said duty and make report thereof, signed by them, or a majority of them, to the next court of quarter sessions of said county, setting out the length, breadth, and the manner of the location of said street, road, lane or alley, through the petitioner's land, and the amount of damages, if any, which said petitioner hath sustained.

Duties of court

SECTION 6. That it shall be the duty of the said court, at the term of quarter sesto which the report aforesaid is made, to make an order naming a day sions.

Examination of
Witnesses.

Proviso.'

Surveyor General to issue a

certain during the succeeding term of said court for the final hearing and disposition of said complaint, notice of which, together with a copy of the report of the reviewers aforesaid, shall be served upon the burgess and town council, or either of them, at least ten days before the day fixed for the hearing by the said court..

SECTION 7. That at the time of hearing said parties, said court may, as it shall deem proper, examine witnesses touching said matter, and may either approve of the report of said viewers, or lessen or increase the amount, as it shall be just, the whole proceedings to be entered of record, and the judgment of the court to have the same validity and to be enforced in the manner as a judgment entered upon the verdict of a jury: Provided, That, if the petitioner shall not receive an amount greater than the sum offered by the burgess and town council, he shall pay all costs accruing on said petition, including the pay of the viewers, which shall be one dollar each per day; if the amount awarded said petitioner by said court shall exceed the amount offered by said burgess and town council, all costs, as aforesaid, shall be paid by said borough, the costs in either case to be the same as are fixed by law for similar services.

SECTION 8. That the Surveyor General is hereby authorized and required to issue a patent to P. T. Ridgeway, of the borough of Frankpatent to P. T. lin, in the county of Venango, for inlot number four hundred and Ridgeway. seven in said borough, upon the same terms that inlot number four hundred and six in said borough was patented; Provided, That said P. T. Ridgeway has the legal title to said inlot number four hundred and seven.

Lines of the

SECTION 9. That the north lines of the borough of Muncy be exborough of Mun- tended as far as or opposite Glade Run bridge, on the Williamsport road.

cy extended.

Destruction of

tish in streams in Pike co.

Corporators.

Style.

Privileges.

SECTION 10. That from and after the passage of this act, it shall not be lawful for any person or persons to take, catch or kill any trout in any of the streams or ponds within the county of Pike, by means of baskets, seines or nets, or by means of lime or other poisonous substances; any person or persons offending against the provisions of this section shall, upon conviction thereof, forfeit and pay a sum not less than ten nor more than twenty-five dollars, to be recovered as debts of a like amount are now by law recoverable, one-half of said amount to go to the use of the informer, who is hereby made a competent witness, and the other half to the use of the poor of the township wherein the offence is committed.

SECTION 11. That Robert Orr, H. N. Lee, J. E. Brown, A. Colwell, James Douglass, Robert Robinson, W. W. Hastings, Philip Mechling, John Croll, Thomas M'Connell, A. L. Robinson, A. J. Faulk, Joseph M'Cartney, J. Heick bold, C. B. Shatte, James M'Cullough, John A. Colwell, A. Arnold, James Mosgrove and J. Alexander Fulton, or any of them, and all other persons who may hereafter be associated with them in the manner hereinafter prescribed, and their successors, shall be and they are hereby constituted and declared to be a body politic and corporate, by the name, style and title of "The Kittanning Insurance company, and by the same name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded, in all courts of record and 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 whatsoever kind, and choses in action, and the same to sell aud dispose of from time to time, and also to make and have a common seal, and the same to alter and renew at pleasure, and also to make and ordain, es

tablish and put in execution, such by-laws, ordinances and regulations as shall appear necessary and convenient for the government of the corporation, and for the management of its property and the regulation of its affairs, not being contrary to this charter or the laws of this Commonwealth or of the United States, and generally to do and transact all such matters and things as shall to them lawfully appertain to do and transact for the well-being of said corporation.

SECTION 12. That any five or more of the above named persons are Commissioners hereby constituted commissioners, who at any time within one year and their duties. from the passage of this act may, upon two weeks' notice given in one or more newspapers printed in Kittanning, meet and receive subscriptions to the capital stock, and when the amount of twenty thousand dollars shall have been subscribed and ten per cent. paid in cash, it shall be lawful for the said subscribers or stockholders to hold an election for directors; said directors shall elect a president and secretary out of their own number, which shall constitute an organization.

SECTION 13. That the affairs of the company shall be managed by Affairs of the a board of seven directors, to be elected annually, four of whom shall company, how constitute a quorum, and such officers and agents as they shall appoint; managed. a president and secretary shall be elected annually by the directors, and all vacancies happening in any of said offices may be filled by the board for the remainder of the year for which they were elected; the board shall have power to declare by by-laws the time, place and manner of holding elections; in case of failure to elect the persons in office shall continue therein until an election is effected, which shall be had in reasonable time, and after at least two weeks public notice having been given; elections shall be by ballot, each share of stock having one vote when not exceeding ten shares, and each additional five shares

one vote.

SECTION 14. That said corporation shall be authorized and empow- Taking of risks. ered to take risks on the mutual plan, or otherwise, against fire, on all kinds of buildings, merchandise and other property, either limited or perpetual; And further, To effect marine and inland insurances on vessels, cargoes and freights, and on merchandise and other property transported on rivers, canals, lakes and railroads, and by boats, wagons, or otherwise; And further, Also to make insurance predicated on the lives of persons and animals, and to execute such agreements, policies and other instruments, as shall or may be necessary to effect the same. SECTION 15. That the capital stock of said corporation shall consist Capital stock. of one thousand shares, of fifty dollars each, to be paid in such instalments as the board of directors may determine, which said capital stock may at any time hereafter be increased by them, not exceeding ten thousand shares, of fifty dollars each, and if any subscriber, his or her assignees or transferees, shall refuse or neglect to pay the first or any subsequent instalment called for and demanded by the directors, as aforesaid, such subscribers, his or her assignee or transferee, shall forfeit each and every share on which the payment shall not be duly made on account of the share or shares so forfeited.

SECTION 16. That it shall and may be lawful for the said company Investment of to employ and invest their capital stock, and other moneys of the stock and other company, or entrusted to it, in bonds, notes, mortgages, ground rents, moneys. judgments, stocks and loans, of the United States and State of Pennsylvania, and in other good securities, and to sell, transfer and change the same, and to reinvest the proceeds of such sale, transfer or change, in other such bonds, notes, mortgages, rents, judgments, stocks, loans, or other good securities, whenever the directors shall deem it expedient: