ny, be deemed expedient and proper, and should said company have or hold any surplus of real estate above authorized to be purchased and held, and which shall not be necessary for the purposes of docks, wharves, depots, landings, and other purposes of this act, they shall be and are hereby authorized and required to sell and dispose of the said surplus, at private or public sale, in parcels or together, as they shall judge most expedient, within five years after the passage of this act. SECTION 9. That said company shall have authority to increase their Increase of capital stock from time to time, to such amount as they shall deem ex- capital. pedient and necessary for the purposes of this act.

SECTION 10. That the commissioners of the county of York are Weights and hereby authorized and required, on or before the first day of May next, measures in to procure copies of the original standard of weights and measures now York co. deposited in the office of the Secretary of the Commonwealth, and that the expense thereof shall be paid by said county, agreeably to the provisions of the act of fifteenth April, one thousand eight hundred and forty-five.

W. P. SCHELL,

APPROVED-The thirteenth day of April, A. D. eighteen hundred and fifty-three.

WM. BIGLER.

No. 250.

AN ACT

To protect fruit and punish trespass in certain counties in this Commonwealth; to renew the charter of the Theological Seminary at Canonsburg, Washington county; authorizing the Philadelphia society for promoting Agriculture to borrow money; and relative to an alley in Allegheny city.

SECTION 6. 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 wrongful taking and carrying away of fruit, vegetables, plants, Taking of fruit, fruit or ornamental trees, vines or shrubs, in Philadelphia, Allegheny, &c., declared a Northampton, Lehigh, Somerset, Wayne, Beaver, Delaware and Erie misdemeanor. counties, and the borough of Lewisburg, Union county, whether attached to the soil or not, shall be deemed and the same is hereby declared a misdemeanor, and to be prosecuted and punished as such under the laws of this Commonwealth.

SECTION 2. That any person or persons who shall wilfully and Punishment. maliciously, in said counties, enter or break down, through or over any orchard, garden, or yard fence, hot-bed, hot or green-house, or who shall wilfully and maliciously club, stone, cut, bark, break, or otherwise mutilate or damage, any fruit or ornamental tree, shrub,

Destruction of certain birds prohibited.

When to take

effect

Repeal.

Theological seminary at Canonsburg.

To hold real and personal estate.

Philadelphia

ture.

bush, plant or vine, trellis, arbour, hot-bed, hot or green-house, or who shall wilfully and maliciously trespass upon, walk over, beat down, trample, or in anywise injure any grain, grass, vines, vegetables, or other growing crop in the said counties, shall and may, on conviction thereof, in action of trespass before any mayor, burgess, alderman or justice of the peace, or in any court of law of said county, have judgment against him, her or them, for double the amount of damage proved to have been done, together with costs of suit, one-half of said damage or penalty to go to the use of the poor of the district wherein the premises lie, and in default of payment of said fine, the party convicted may and shall be committed to jail, for not less than one nor more than twenty days, said action to be brought in the name of the Commonwealth, and the testimony of the owner or occupant of the premises shall be admitted as evidence to establish the trespass.

SECTION 3. That no person shall wilfully kill or destroy any insec tiverous bird in the said counties aforesaid, except game, crows, black birds, or birds of prey, under a penalty of five dollars and costs for each and every offence, to be sued for and recovered before any magis trate, one-half for the use of the informer and one-half for the use of the Commonwealth.

SECTION 4. That the foregoing sections of this act shall take effect from and after the first of August next.

SECTION 5. That all acts or parts of acts inconsistent herewith be and the same are hereby repealed.

SECTION 6. That an act entitled "An Act to incorporate the Theological Seminary at Canonsburg, in the county of Washington, belonging to the synod of the Associate Presbyterian church," approved the eighth day of April, A. D. one thousand eight hundred and thirty-three, be and the same is hereby re-enacted, and the corporation and body politic thereby created shall have perpetual continuance, by the name, style and title of the trustees of the Theological Seminary at Canonsburg, belonging to the synod of the Associate Presbyterian church of North America.

SECTION 7. That the said corporation shall be capable to possess, purchase, take, hold and enjoy, for the use of said Theological Seminary, any real or personal estate, or money, the clear yearly value or product of which shall not exceed the sum of ten thousand dollars.

SECTION 8. That it shall be lawful for the Philadelphia society for society for pro- promoting agriculture to borrow a sum or sums of money, not exceed moting agricul- ing twenty thousand dollars, and to issue certificates of loan for the same, in amounts of not less than one hundred dollars, which certificates shall be transferable, either by the owner in person or by his attorney duly authorized, and the said society are hereby empowered to execute their bond and to mortgage their real estate for securing the payment of the certificates of loan issued by virtue of this act.

Relative to a

certain alley in

Allegheny city.

SECTION 9. That the ten feet alley as laid out in Heylop's plan of lots in Allegheny city, running from Boyle street to an alley between Hemlock street and Locust street, be and the same is hereby vacated.

APPROVED-The thirteenth day of April, one thousand eight

hundred and fifty-three.

WM. BIGLER.

No. 251.

AN ACT

To incorporate the Farmers' Union Insurance company of Pennsylvania; legiti mating Clara Jane Brock.

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 Charles F. Welles, junior, J. E. Canfield, William II. Overton, James Corporators. H. Welles, Francis Tyler, William Scott, William B. Darlington, Chauncey N. Shipman, William E. Barton, Addison McKean, and George Sanderson, and all other persons who may hereafter associate with them in the manner hereafter prescribed, shall be a corporate body, by the name of "The Farmers' Union Insurance company," Style. and shall have power and authority to make contracts of insurance with any person or persons, or any body politic or corporate, against loss or damage by fire, of detached dwelling houses, barns, and other Privileges. out-buildings, and personal property, for such term or terms of time, and for such premium or consideration, and such modification and restrictions, as may be agreed on between the said corporation and the persons agreeing with them for said insurance.

SECTION 2. That the operations, business and office of the said cor- Business of poration shall be carried on and conducted at the borough of Athens, corporation. in the county of Bradford.

SECTION 3. That all persons who shall hereafter insure with the Members. said corporation, and all their heirs, executors, and administrators and assigns, continuing to be insured in said corporation as is hereafter provided, shall thereby become members thereof during the period they shall remain insured by said corporation, and no longer.

SECTION 4. That the affairs of said corporation shall be managed Affairs of corpoby a board of eleven directors, to be chosen by ballot, from among the ration, how members, a majority of whom shall constitute a quorum for the trans- managed. action of business; Charles F. Welles, junior, J. E. Canfield, William H. Overton, James H. Welles, Francis Tyler, William Scott, William E. Barton, William B. Darlington, Chauncey N. Shipman, Addison M'Kean, and George Sanderson, shall be the directors of said corporation, and shall continue in office for the term of one year and until others may be chosen, and no longer, which directors shall be elected on the first Monday of April in each year, at such hour of the day, and at such place in the borough of Athens, as the board of directors for the time being shall determine or appoint, of which election public. notice shall be given in one of the public newspapers printed in the county of Bradford, at least thirty days immediately preceding such clection, and such election shall be holden under the inspection of three members, not being directors, to be appointed previous to the election by the board of directors, and such election shall be made by ballot, and by a plurality of votes of the members then present, or their proxies, allowing to each member one vote for every three hundred dollars insured.

SECTION 5. That the directors hereinbefore named shall, as soon as Officers. may be after the passing of this act, and the directors to be chosen at

Rates of in

surance.

Failure to elect

not to dissolve corporation.

Dividends.

Members bound to pay for

losses.

Certificate of.

evidence.

such annual elections shall, as soon as may be thereafter, proceed to choose out of their body one person to be president, one person to be secretary, and one person to be treasurer, the latter of whom shall be ex-officio vice president, and as such shall perform any duties required of the president in his absence, and in case of the death, resignation, or inability to serve, of the president or any of the officers or directors of the said corporation, such vacancy may be filled for the remainder of the year by the board of directors.

SECTION 6. That the rates of insurance shall be from time to time fixed and regulated by the directors of 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 corporation shall from time to time require, and any person applying for insurance shall pay a cash premium in addition to a premium note, or a definite sum in money, to be fixed by said corporation, in full for said insurance and in lieu of a premium note.

SECTION 7. That if it shall at any time happen that an election of president, secretary, treasurer, or 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 and officers, in such manner as shall have been regulated by the by-laws and ordinances of said corporation.

SECTION 8. That if it should ever happen that the stock of said company deposited and paid as aforesaid, shall not be sufficient to pay all the losses occasioned by fire, then and in such case the sufferers insured by said company shall receive towards making good their respective losses, a proportionable dividend of said whole stock, according to their respective losses and the respective sums to them insured by said company, or if there should be an excess of funds, the directors may declare a dividend to each member, apportioned to the amount originally paid.

SECTION 9. That every member of said company shall be bound to pay for losses, and such necessary expenses as aforesaid, accruing in and to said company, in proportion to the amount of his deposite note, and suits at law may be maintained by said corporation against any of its members for the collection of said deposite notes, or any assessinent thereon, or for any other cause relating to the business of said corporation; also suits at law may be prosecuted and maintained by any member against said corporation for losses or damage by fire, if pay ment is withheld more than four months after the company are duly notified of such losses, and no member of the corporation not being in his individual capacity a party to such suit, shall be incompetent as a witness in any such cause on account of his being a member of said company.

SECTION 10. That whenever an assessment is made on any premium secretary to be note given to the Farmers' Union Insurance company, for any hazard taken by said company, or as consideration for any policy of insurance issued or to be issued by said company, and an action is brought for the recovery of such assessment, the certificate of the secretary of said company, specifying such assessment, and the amount due to said company on such note by means thereof, accompanied by the affidavit of such secretary of its correctness, shall be taken and received as prima facia evidence thereof in all courts of this Commonwealth.

Statement of officers to be published.

SECTION 11. That within thirty days after the annual meeting for the election of officers and directors, it shall be the duty of the secretary of the corporation to cause to be made and published in one or more newspapers of Bradford county, a statement of the affairs of the

corporation, the amount of premiums received, the amount of expenses and losses during the year, the amount of risks, the dividends paid, and a general balance statement of the affairs of the corporation.

SECTION 12. That any act or thing by this act authorized, or re- Duties of deputy quired to be done by the secretary of the Farmers' Union Insurance or clerk. company, may be done by the deputy or clerk of such secretary having charge of the office, with the consent of the board of directors, with

the like effect to all intents and purposes, as if done by said secretary.

SECTION 13. That the president, treasurer and secretary shall con- Executive comstitute the executive committee or board of the company, and when a mittee. quorum of the directors are not in session, may exercise all powers

vested in the board of directors.

SECTION 14. That the board may appoint such agents and subor- Agents and subdinate officers as they shall deem necessary, and all such agents and ordinate offiofficers shall be regarded as the agents of this company, and the com- cers. pany shall be responsible for their official acts, and pay all or any of the officers or agents chosen or appointed by them, such salaries and allowances as they shall deem meet, and may at any time remove any of them and choose or appoint others in their places.

SECTION 15. That the directors shall have power to make from time By-laws. to time such by-laws, not inconsistent with this charter and the con- / stitution and laws of this State, as they may deem necessary for the government of its officers and the conduct of its affairs, and every member of this company shall be bound by the provisions of this charter and such by-laws.

mutual insur

ance.

SECTION 16. That the business of the company shall be conducted Business to be on the plan of mutual insurance, with the right of adding to the capi- conducted on tal of said company a sum not less than fifty nor more than two hun. the plan of dred thousand dollars, and of managing the same separate and apart from the mutual business of said company, and the board of directors may, at such time hereafter as the majority of them shall by resolution determine, unite a cash capital as aforesaid, pursuant to the provisions of this act, as a further and additional security to the insured in said company beyond the funds hereinafter provided for. SECTION 17. That the time, terms and mode of increasing the cash Cash capital. capital mentioned in the preceding section, and requiring payment

thereof, shall be fixed and determined by the directors, in a manner

not inconsistent with the law and this charter.

SECTION 18. That the board of directors shall cause suitable books Books to be to be kept for the registry and transfer of the shares for which scrip kept. may be issued, representing the increased capital of this company, and every transfer to be valid shall be made on such books, and signed by the shareholder or his or her attorney, duly authorized in writing, and every transfer shall be made and taken expressly subject to all the conditions and stipulations contained in this charter, or the by-laws that may be adopted by the directors.

SECTION 19. That the shares of the capital stock of this company Debts and shall be deemed pledged and held in security by the officers thereof liabilities. for the payment of all debts and liabilities of the owners thereof, to this company, whether absolute or contingent, and no transfer of any stock can be made until such debts and liabilities are discharged, without a resolution of the board of directors assenting to such a transfer.

SECTION 20. That all persons who hold scrip to the amount of one Scrip holders to hundred dollars or upwards, representing the increased capital of the vote. company, shall be entitled to one vote for each one hundred dollars so held, and no more, and the board of directors of said company are hereby authorized and empowered, at any of its meetings to provide a