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and paid upon such shares, and interest at the rate of six per cent. per annum upon the amounts so paid in: Provided, That said corporation may retain one thousand shares for the investment of any moneys arising out of the estates of infants or lunatics which may be deposited for that purpose.

SECTION 14. The directors of said corporation shall have full power Penalty for neglect to pay money to ascertain and decide the time, manner and proportions, in which the due on subscrip- stockholders shall pay the money due upon their respective shares, and in case of the failure of any stockholder to pay at the times and in the manner and proportions so ascertained and decided, to bring suit for the recovery of the same against the original subscribers to the stock or their assignees, which assignees shall be held liable as original purchasers, or to declare the same forfeited, after giving ten days notice; and after deducting from the amount of such share or shares the proper cost and charges for such notice, and the further charge of five per centum for the use of the corporation, the residue shall be paid to such delinquent stockholder, and the shares so held by him shall be thenceforth extinguished: Provided, That in case of the decease or lunacy of any subscriber to the stock mentioned in the second section of this act, and the failure of his heirs, devisees, executors, administrators or trustees, to pay the semi-monthly instalments thereon, the said stock shall not become forfeited or extinguished, but may be transferred and converted upon the books of the corporation, into such stock as is mentioned in the first section of this act, and shall be subject to all the incidents of the same.

Proviso.

Transfer of stock.

General meetings.

Estate of corporation.

Purchase of stocks.

Pay of officers.

SECTION 15. The capital stock of the said corporation shall always be transferable upon the books of the said corporation, to be kept for this purpose, at its usual place of doing business, and at such other places not within the county of Allegheny as may be appointed by the directors.

SECTION 16. A general meeting of the stockholders for purposes relative to the institution, may at any time be called, either by the board of directors, or by any number of stockholders owning one-twentieth part of the stock, on giving at least thirty days notice in two public newspapers published in the city of Pittsburg, and specifying in such notice the object or objects of such meeting; and there shall be a general meeting of the stockholders at the place of doing business, or such other place as the directors may appoint, on the fourth Monday of November in each year, at which time the directors shall lay before them a general and particular statement of the affairs of the company.

SECTION 17. The lands, tenements and hereditaments, which it shall be lawful for the said corporation to hold, otherwise than in trust, shall be only such as shall be requisite for its immediate accommodation in transacting its business, and such as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which have been obtained for such debts. or purchased for the purpose of securing such debts; the said corporation shall not trade in any merchandize or goods, except such as may be really and truly pledged for money lent, and not redeemed in due time, or goods which may be the proceeds of its lands.

SECTION 18. The said corporation shall not be at liberty to purchase any stocks whatever, except their own stock, treasury notes, or public stocks created by the government of the United States, or of the state of Pennsylvania.

SECTION 19. The board of directors shall fix and determine the compensation to be allowed to the president, and shall appoint an actuary,

and such other officers, clerks, and persons as shall be necessary for transacting the business of the institution, and shall take from each such security as they may deem sufficient, and make to each a just compensation for his services; they may also make such by-laws for the government and well ordering of the institution, as are not inconsistent with the provisions of this act.

SECTION 20. The said corporation shall declare a dividend out of the Dividends. profits of its business, upon the third Monday in May or November, after its organization by the election of directors and other officers, and upon every third Monday in May and November thereafter.

SECTION 21. It shall be the duty of the president and directors of Statement of said corporation to make out and publish, in at least two of the public affairs. newspapers in the city of Pittsburg, a statement of their affairs, in the form of a regular account current, or in such form as may be hereafter prescribed by the legislature, as they shall stand upon the first Mondays of December and June in each year, specifying particularly the amount of their capital stock paid in, the amount of dividends compounded and added to such capital stock, the amount of deposites, cash in possession, the amount and nature of their loans, the value of their real estate, and all debts due by said corporation and their nature, and such other information as may be required of them, and which may enable the legislature to possess a correct knowledge of the condition and affairs of said institution; and such statement shall be transmitted, under oath or affirmation of the president or actuary of said corporation to the auditor general, who shall, on the first Monday in January following, lay the same before the legislature; and the court of quarter sessions of the county of Allegheny, is also authorized and empowered to appoint annually a competent person, who, after being duly sworn or affirmed, Auditor. faithfully and carefully to discharge his duty, shall examine and report to said court the condition and resources of said institution, specifying the same in detail, and his opinion of the ability and integrity with which the affairs of the corporation are conducted, of the prudence and safety of its investments, and the security afforded to those by whom its engagements are held; the expense of every investigation so made shall be defrayed by the said corporation.

SECTION 22. This charter shall continue in full force and effect until Duration of charthe second day of May, one thousand eight hundred and fifty-five, and ter.

no longer; and the legislature hereby reserves the right to alter, revoke
or annul the same, whenever, in their opinion it may be injurious to the
citizens of this commonwealth, in such manner, however, that no
injustice shall be done to the corporators.

FINDLEY PATTERSON,
Speaker of the House of Representatives.

WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The thirty-first day of March, one thousand eight hun

dred and forty-five.

FRS. R. SHUNK.

Preamble.

To procure an official seal.

Expense.

No. 187.

AN ACT

Enjoining certain duties on the canal commissioners.

WHEREAS, The journals of the board of canal commissioners, and the papers on file in their office, are frequently required to be produced in evidence, on the trial of causes in courts of this commonwealth, and the originals can alone be admitted as evidence in the trial of such cause, there being no mode of attesting copies of such journals or papers provided by law; therefore,

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 canal commissioners of the state of Pennsylvania, be and they are hereby authorized to procure an official seal, engraved with such device as they may adopt, and lettered "seal of the board of canal commissioners of Pennsylvania," which shall be kept by the secretary of the board, and by him attached to all extracts of the journals of said commissioners, and copies of papers on file in said commissioners' office, which may be applied for, to be used as evidence in the trial of causes in any of the courts of this commonwealth; and said copies, when attested by the impression of said seal, shall be received in evidence, and have the same effect, as if the originals, from which they may be taken, were produced in any of the courts of this commonwealth.

SECTION 2. The expense of procuring said seal, shall be settled and paid for in the same manner, that the contingent expenses of said board are now paid.

FINDLEY PATTERSON,

Speaker of the House of Representatives.
WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The thirty-first day of March, one thousand eight hun

dred and forty-five.

FRS. R. SHUNK.

No. 188.

AN ACT

To prevent the destruction of fish in the river Codorus, in York 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

if any person or persons shall place, set, or drag any net or seine of any Penalty for fishkind or description, in the waters of the river Codorus, in York county, ing with seines. between King's mill-dam on the south side, and Louck's mill-dam on the north-east side of the borough of York, for taking of fish, or into any bays or inlets occasioned by Louck's dam, every such person so offending or aiding therein, shall forfeit and pay a fine of five dollars for every such offence, to be recovered with costs, as debts of equal amount are recoverable by law, by any person who may sue for the same before any justice of the peace, in the name of the commonwealth of Pennsylvania, one-half to go to the informer, who is authorized to be a competent witness, the other half to be paid to the directors of the poor of York county; and if any person who shall be convicted as aforesaid, shall neglect or refuse to pay such debt or fine, and sufficient goods and chattels cannot be found whereof to levy and pay the same, the said person shall be committed to the jail of the county of York, for the term of five days, which is to be accordingly inserted in the execution for collecting such debt or fine: Provided, Such suit be brought within Proviso. thirty days after the offence committed, and that nothing shall be construed to prevent any person from fishing for baits or crabs, with small

nets as usual.

FINDLEY PATTERSON,

Speaker of the House of Representatives.

WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The first day of April, one thousand eight hundred and

forty-five.

1

18

FRS. R. SHUNK.

tion.

Notice of subscription.

No. 189.

AN ACT

To authorize the governor to incorporate a company for improving the navigation of Mahoning creek.

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 Commissioners. J. W. Jenks, William Campbell and James Tarrence, be and they are hereby appointed commissioners to do and perform the several things hereinafter mentioned, that is to say: They shall, on or before the first of August next, procure a sufficient number of books, which shall be opened at some place or places in the township of Young, in the county of Jefferson, and in the township of Mahoning, in the county of Indiana, Form of subscrip- and in each of them enter as follows: We, whose names are hereunto subscribed, do promise to pay to the president and managers of the Mahoning navigation company, the sum of twenty-five dollars for every share of stock in said company set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers of said company, in pur suance of an act of the general assembly of this commonwealth, entitled 'An Act to authorize the governor to incorporate a company for improving the navigation of the Mahoning creek.' Witness our hands this day of in the year of our Lord, one thousand eight hundred and ;" and shall thereupon give notice, in at least one newspaper printed in the county of Jefferson, and one in the county of Indiana, for one calendar month at least of the times and places, when and where the said books shall be kept open to receive subscriptions for the stock of said company, at which respective times and places at least one of the commissioners shall attend, and permit and suffer all persons of lawful age who shall offer to subscribe in said books, in their own names, or in the name or names of any other person or persons who shall authorize the same, for any number of shares in the said stock, and the said books shall be kept open respectively for the purpose aforesaid, at least six hours in every juridical day for the space of ten days, or until there shall be subscribed in said books a sufficient number of shares to complete said work; and if at the expiration of ten days the books aforesaid shall not have the number of two hundred shares, the said commissioners may adjourn from time to time, and transfer the books elsewhere, until the two hundred shares aforesaid shall be subscribed: Provided always, That every person offering to subscribe in the said books, in his own or any other name, shall previously pay to the attending commissioner the sum of two dollars for every share to be subscribed, out of which shall be defrayed the expenses attending the taking of such subscriptions and other incidental expenses, and the remainder shall be paid to the treasurer of the corporation as soon as the same shall be organized, and the officers chosen as hereinafter mentioned.

Proviso.

SECTION 2. That when ten persons or more shall have subscribed sixty shares or more of said stock, the commissioners may, or when the whole number of shares aforesaid shall be subscribed, the commis

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