state, create and erect the subscribers, and also those who shall afterwards subscribe, and their assigns, into one body politic and corporate, in deed and in law, by the name, style and title of "The Chambers- Style. burg water company," by which name the said subscribers shall have Privileges. perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of taking and holding the capital stock and the increase and profits thereof, and of enlarging the same by new subscriptions, if it shall be found necessary to fulfil the intent of this act, so that the whole number of shares shall not exceed two thousand, and of purchasing, taking and holding to them and their successors and assigns, and of selling and transferring in fee simple or for any less C estate, such spring or springs, stream or streams of water, or any water power or powers near or convenient to said borough, or lands, tenements, hereditaments and estate, real and personal, as shall be sold, devised, granted or conveyed to them by deed, bequest or otherwise, and of suing and being sued, and doing every matter or thing which a corporation or body corporate and politic may lawfully do: Provided, Proviso. That the clear yearly income of such real estate shall not exceed three thousand dollars.

SECTION 3. That any five or more of the aforesaid commissioners, Organization. shall as soon as conveniently may be after the issuing of the letters patent aforesaid, give at least ten days' notice in one or more of the newspapers printed in Chambersburg, of a meeting of the stockholders, at a time and place certain therein mentioned, to hold an election for

choosing by ballot, five managers, who shall be stockholders, to con- Elect managers. duct the affairs of the said company, until the first Monday in May, Anno Domini, one thousand eight hundred and fifty; and in all elections each stockholder shall be entitled to one vote for each share bona Votes. fide held by him, not exceeding five, and for every five shares above the first five, and not exceeding twenty, one vote, and no stockholder shall be entitled to more than eight votes at any election; and the said managers shall appoint one of their number president of the board, who Appoint officers. shall sign all contracts and certificates of stock; the president and managers shall have power to appoint a treasurer, and such other officers and agents as may be necessary; and the election for officers shall be held annually on the first Monday in May, at such place as may be appointed by the managers, of which at least ten days' notice shall be given as aforesaid; and when vacancies happen, the managers shall supply them from among the stockholders until the next annual election: Provided, That such managers, president, secretary and treasurer shall Proviso. be residents of the borough of Chambersburg: And provided further, Proviso. That no misnomer or failure of election of officers on the day appointed, shall discontinue or dissolve the said corporation, but the managers and officers shall continue in office until a new election, which shall be made at such time and place, and after such notice as the board of managers may prescribe.

SECTION 4. That the president and managers, or a majority of the

Annual election.

same, shall have power to adopt such by-laws and regulations as they By-laws.

may deem expedient, and shall have power to call special meetings of Special meetings. the stockholders whenever they may deem it necessary or advisable:

Provided, That such by-laws, rules and regulations shall in no case Proviso.

contravene the constitution and laws of this commonwealth, or of the

United States.

SECTION 5. That the president and managers shall procure a common Seal. seal, and the certificates of stock and other official acts, shall be au- Certificates of thenticated by affixing the same; and one certificate of stock signed by stock. the president, countersigned by the secretary, and sealed as aforesaid,

Transferable.

Quorum.

Powers.

Duties.

To convey water into the borough

of Chambersburg.

Enter lands.

Damages, how ascertained, &c.

Proviso.

shall be delivered unto each person for every share held by him or her, as soon as ten dollars shall be paid on each share subscribed by him or her, which certificates shall be transferable in person or by attorney duly authorized, on the books of said company, subject however, to payments due or to become due thereon; and thereupon the assignee of such share, on such transfer being entered on the books of the company, shall be a member of the corporation as fully as if he had been an original subscriber.

SECTION 6. That the president and managers shall meet at such times and places as shall be fixed by the by-laws, and when met. three shall form a quorum, and in the absence of the president, a chairman may be chosen of this number met; and all their transactions as well as every matter or thing relating to the affairs of said company, shall be entered in a book or books, to be kept for such purpose, and a quorum being formed, they shall have full power to contract with and employ, engineers, artists, and such workmen as they may deem necessary to carry on and complete the works, as well as to uphold, alter, or repair the same; and also fix the times and manner, and in what proportion the stockholders shall pay the moneys, yet to pay on their respective shares, and to draw on the treasurer for all moneys that may be necessary, and required to carry into full effect this act, or that may required by their by-laws, rules, and regulations; and generally to do all such other matters and things as by this act, or their by-laws, rules and regulations, they shall be authorized to do; and may also borrow money if necessary, on the credit and security of the corporation, so that the amount so borrowed do not at any time exceed three thousand dollars.

be

SECTION 7. It shall be the duty of the president and managers, as soon as may be after they shall be organized, to proceed to bring and convey into the borough of Chambersburg, by means of steam or water power, through pipes, trunks, aqueducts, or other means, some spring or springs, stream or streams of water, from the neighborhood of, or from within the bounds of said borough, the right to which shall have previously been vested in said company; and also provide cisterns or reservoirs for the reception thereof, and if they deem it expedient, may contract with the present holders of the property of the old Chambersburg water company, for the property now held by them; and for the purpose aforesaid, they may enter into such lands or enclosures as may be necessary, and dig ditches, and lay pipes and trunks through the same, doing as little damage to private property as possible, and paying whatever injury may be done by them, and when the parties cannot agree, then according to an assessment to be made by three disinterested freeholders, to be appointed on application by the court of common pleas of Franklin county, and who shall be duly sworn or affirmed, justly and truly to make assessment of said damages; and the president and managers shall at all times, paying damages as aforesaid, have liberty to renew and repair all their pipes, trunks or structures, through private property, doing as little damage as possible; and shall also have liberty at all times, paying damages as aforesaid, to dig and lay pipes and trunks along roads, highways, and the streets and alleys of the borough of Chambersburg, and to renew and repair the same, shutting up and amending any breaches which they may respectively make as soon as possible; and it shall be lawful for them to make cisterns and reservoirs in the streets, or public grounds of said borough, when the same may be deemed necessary, making compensation as aforesaid: Provided, That before said company shall enter upon such lands or inclosures, or take or use any private property, they shall make compensation to the owner or owners thereof, or give adequate security therefor.

SECTION 8. That the president and managers shall in such streets or

supplied with

parts of the borough where pipes shall be required and laid, permit the To permit bosaid borough to erect hydrants to he used solely for extinguishing fire, rough to erect paying a reasonable sum annually for such privilege; and the said com- hydrants. pany shall at all times, where trunks and pipes shall be laid in through Individuals to be any of the streets and alleys in said borough, suffer individuals to be supplied with water for domestic use, and such other uses as the presi- water. dent and managers may permit, for such reasonable compensation as shall from time to time be agreed on by the said president and managers, and such individuals, according to such certain uniform rates as the said president and managers shall hereafter adopt, having regard to the probable quantity of water which applicants are likely to consume: Provided, That the owners of the freehold on and upon which said Proviso., water is so taken and used, shall in all cases be the parties with whom such contract for the use of water shall be made, and the said real estate be bound for and liable for the payment of the same, reserving to the company the right to contract with the lessees or tenants, on the responsibility of the said lessees or tenants, if they see fit or proper so to do; and any person or persons within the said borough, who shall take any of said water for domestic or other uses, without having previously contracted for the same with the said president and managers, shall forfeit and pay for every such offence, any sum not exceeding the sum of fifty dollars, to the said president and managers, for the use of the company, to be recovered before a justice of the peace, by action of debt or assumpsit, in the same manner as debts of equal amount are now recoverable.

SECTION 9. That if any person or persons, or body politic, who shall have contracted with the said company for the use of said water, shall wantonly and unnecessarily waste the same to the injury of the said company, or shall permit any other person or persons, not being by the said contract entitled to the use thereof, to make use of the same, or shall neglect and fail to pay to the said company the amount of money by him, her or them agreed upon to be paid, as a compensation for the use of said water, for the period of three months after the same shall be due and payable, according to the terms of said contract, it shall be

lawful for the president and managers to withhold and cut off such May withhold

water from the premises of such individual or body politic and corpo- and cut off water. rate, until all such damages, with interest and costs of recovering the

same, shall be paid: Provided, That nothing herein contained shall be Proviso.

so construed as to affect, impair or take away the right of the said com

pany to sue for and recover the amount of such arrearages.

SECTION 10. That the president and managers shall call in such part May call in unof the capital stock of the said company (the shares being twenty dol paid instalments. lars each,) as shall remain unpaid, in instalments as the same may be

required; and if any stockholder or original subscriber shall neglect, How collected. after twenty days' notice, published in one or more of the newspapers printed in the borough of Chambersburg, to pay such instalment, payment may be enforced as in other cases by action of debt before a justice of the peace, or the president and managers may at their election declare said stock, and the moneys paid thereon, forfeited to the use of the company; and whenever the debts of the said company shall be paid, and the income exceed the expenses of the said company, the president and managers shall declare a dividend of such surplus on the Dividends. stock paid in half yearly, on the first Mondays in January and July in each year, and shall publish the said dividend and the place where the same is payable, and shall cause the same to be paid accordingly.

Injuries, how punished.

No banking privileges.

Commissioners of Franklin

county, and bur

SECTION 11. That if any person shall wilfully destroy or injure in any manner the pipes, aqueducts, cisterns, reservoirs, hydrants or any of them, or any of the works of the said company erected or to be erected in pursuance of this act, or shall wilfully corrupt, or otherwise render unwholesome, or use without permission the stream of water which shall be conveyed or brought through the borough of Chambers. burg by the said company, on being convicted thereof before any justice of the peace in and for the county of Franklin, by the oath or affirmation of one or more credible witnesses, shall pay a fine not exceeding twenty dollars, one-half to go to the poor of said county, and the other half to the informer, and shall moreover remain liable for all damages to the company.

SECTION 12. That the said corporation shall not have power to issue any note or notes in the nature of bank notes, or to be endorser on any note or notes in their corporate capacity, or to make discounts or receive deposits; and in case the said company shall at any time hereafter violate any of the provisions of this section, their charter and privileges shall become null and void.

SECTION 13. The county commissioners of the county.of Franklin, and the burgess and town council of the borough of Chambersburg, are hereby authorized and empowered to subscribe to the capital stock of gess and town said company, any such number of shares as they may deem right and council of Cham- proper, in which event the commissioners of said county, and the burbersburg, author- gess and town council of said borough, shall have the right to vote al ized to subscribe. the elections of said company, under the same provisions as private individuals.

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

dred and forty-nine.

WM. F. JOHNSTON.

No. 343.

AN ACT

To authorize the school directors of the borough of Pottsville, to sell certain real estate, and to increase the number of school directors in said borough; authorizing the school directors of the city of Pittsburg to borrow money; to levy a tax on dogs in East Whiteland township, Chester county, and in Newville, Cumberland county; and increasing the number of school directors in Spring Garden, Philadelphia county; changing the name of Thomas Urie Chambers to Thomas Davidson Urie; authorizing the commissioners of Warren county, to appropriate money to build a bridge over Kinzua creek; and relating to borough elections in Rochester, Beaver 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 the directors of common schools in the borough of Pottsville, are hereby Directors of comauthorized to sell at public sale, for the best price that can reasonably be mon schools of obtained for the same, all that certain lot of ground situated in the south- the borough of Pottsville, aueasterly side of Schuylkill avenue, in Pott's addition to the borough of thorized to sell a Pottsville, marked with the number nine, bounded by lots numbered certain lot of eight and ten, and lands of Benjamin Pott, and having sold, to convey ground. the same to the purchaser or purchasers in fee simple.

SECTION 2. That from and after the passage of this act, it shall be Qualified electors lawful for the qualified electors of the borough of Pottsville, to elect of said borough, fifteen directors of Pottsville school district, eleven of whom shall be authorized to elect fifteen direcelected on the first Monday of May, Anno Domini, one thousand eight tors. hundred and forty-nine, at the usual time and place of holding elections, five of the eleven persons so elected shall serve for three years, three shall serve two years, and the remaining three shall serve one year, to be determined by lot; five director shall be elected annually thereafter, to serve for three years.

SECTION 3. That the school directors of the Sixth ward of the city of Pittsburg, Sixth Pittsburg, be and they are hereby authorized to borrow such amount of ward, school dimoney as may be required to pay off and discharge the debts incurred rectors of, auby the purchase of lots, and the erection of the public school house in thorized to borsaid ward, and secure to the lender the re-payment of the same, by row money. judgment or mortgage on the said lots.

SECTION 4. That from and after the passage of this act, the provisions of the first, second, third, fourth, fifth and seventh sections of an East Whiteland, in Chester counact, entitled "An Act laying a tax on dogs in the borough of West ty, certain act Chester, and certain townships in the county of Chester, and for other extended to. purposes," approved April fourteenth, one thousand eight hundred and forty-six, be and the same are hereby extended to the township of East Whiteland, in the said county of Chester.

SECTION 5. That if at the expiration of any fiscal year, there shall Treasurer of the remain in the hands of the treasurer of the sheep fund of said township, sheep fund in a greater sum than fifty dollars, after paying all orders then due, it shall said township, to be the duty of the said treasurer to pay the surplus to the treasurer of pay over balance the school fund of the said township, to be applied to common school school fund. purposes therein, under the direction of the proper school directors.

to treasurer of

SECTION 6. That all laws inconsistent with the provisions of the two Repeal. foregoing sections, are hereby repealed.