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that may be in said fund, to the final extinguishment of said
loan: Provided, No bond, authorized to be issued by this act, Proviso.
shall be purchased at a rate above par.

SECTION 14, That all negotiations and contracts, for the pur- Contracts for chase of bonds, or other securities, authorized by the thirteenth purchase of section of this act, shall be made only by the president of said bonds. commissioners, as authorized by them; and no money shall be Payments from paid, by the treasurer of said commissioners, from the sinking sinking fund. fund, unless upon the warrant of said president, countersigned by at least two other of the commissioners.

SECTION 15. That said commissioners are authorized, if, in Commissioners their judgment, the interest of the said borough requires it, to may cause incause a legal investigation to be made, of any existing debt, vestigation to obligation, or bond, of said borough, for the payment of money, debt, &c., or be made of any if, in their opinion, they were made without authority of law, prohibit payfraudulently, or without consideration, or to prohibit the pay- ment. ment of the same, until required by the judgment of the proper court; and upon notice being given of such prohibition, to the burgess, and council, of said borough, payment shall be stayed, until a judicial decision is made, requiring payment, or until such prohibition is withdrawn by said commissioners.

SECTION 16. That said commissioners are authorized to allow Compensation reasonable compensation to their secretary, and treasurer, in of secretary and addition to the usual commission allowed by law for the col- treasurer, &c., lection of taxes; said compensation, and all other necessary how to be paid. expenses, which said commissioners shall be subjected to, in the discharge of their duties, except commissions for the collection of taxes, shall be paid out of the treasury of said borough; and said burgess and council are hereby required to issue their warrant for the payment of the same, upon presentation of a proper account, duly certified as correct, by the president and secretary of said commissioners.

therefor.

SECTION 17. That said commissioners shall, at least once a Commissioners year, and as often as they think proper, surrender, to the bur- to surrender to gess, and council, of said borough, having first cancelled the council bonds, same, all evidence of debt against said borough, by orders, &c., cancelled, and take receipt checks, bonds, or otherwise, which shall have been paid, or retired by them, as required by this act; and said burgess, and council, upon the surrender to them, of the evidence of debt, as aforesaid, shall give, to said commissioners, a receipt for the same, signed by said burgess, and attested by the secretary of the council.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twenty-second day of April, Anno Domini

one thousand eight hundred and sixty-three.

A. G. CURTIN.

Title.
Objects.

No. 513.

An Act

To incorporate the Grain Elevator Company of Pittsburg.

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, Commissioners. That William M'Creary, Springer Harbaugh, John Scott, Joshua Rhoades, Thomas Moore, Daniel Wallace, William Bingham, John B. Canfield, R. T. Kennedy, J. S. Liggett, W. H. Barnes, William Bagaley, Thomas Bell, and Lyman Wilmarth, and their associates, successors and assigns, be and they are hereby constituted a body corporate, and politic, by the name, style and title, of the Pittsburg Grain Elevator Company, for the purpose of erecting, and maintaining, in the city of Pittsburg, Pennsylvania, all the necessary machinery, et cetera, to load, and unload, ship, and re-ship, grain, produce, et cetera, and to carry on the business of receiving, loading, unloading, shipping and forwarding, grain, produce, and all things usual, and incident, to such business; and the said corporation, by the said name, is hereby made capable, in law, to sue and be sued, plead, and be impleaded, to have a common seal, and the same to alter, and renew, at pleasure; to make rules, and by-laws, for the regulation, and management, of said corporation: Provided, They are not inconsistent with the constitution, and laws, of the United States, or of this commonwealth; and, generally, do, and execute, for the benefit of said company, whatever shall, lawfully, pertain to such bodies politic.

Privileges.

By-laws.

Proviso.

Authorized to lease or purchase real estate

Capital stock.

When letters

sued.

SECTION 2. The said company shall have the right to hold, by purchase, lease, or in any other manner, such real estate as may be needed for the erection of the buildings, machinery, et cetera, and for the transaction of the business of the corporation.

SECTION 3. The capital stock of said company shall consist of two hundred thousand dollars, and shall be divided into shares of fifty dollars each, which shall be assignable, and transferable, according to such rules as the board of directors shall establish.

SECTION 4. Whenever a majority of the corporators, recited patent to be is in section first, shall certify, to the governor, that one-half of the shares of stock have been subscribed, the governor shall issue letters patent, under his hand, and the seal of state, creating and erecting the said corporators, or such of them as shall be stockholders, their associates, successors and assigns, into one body corporate, by the name and style, for the purposes, and within the powers, herein recited.

First election of directors.

SECTION 5. The affairs of the company shall be managed by seven directors, to be chosen annually, by, and from, the stockholders; the first election shall be held in the city of Pittsburg, within sixty days, after the letters patent shall have been

issued; of which election, public notice shall be given, by at Notice.
least five of the corporators, named in the first section of this
act, in one, or more, daily newspapers in said city, at least
thirty days prior thereto; and the subsequent elections shall

be held, annually, at such convenient time, and place, as the Annual elecdirectors shall determine; of which, thirty days' previous no- tions. tice shall, in like manner, be given, by any officer of the company: Provided, That in the event of a failure to hold an elec- Proviso. tion, the directors, at the time, shall continue in office, until an election is held.

SECTION 6. The directors shall, as soon as convenient, after Officers. their election, choose one of their number to be president; for one year; they shall, also, select such other officers as they may deem of advantage to the company, and its business; they shall,

also, have power to fill all vacancies that may occur in their Vacancies, number, until the next annual election.

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APPROVED-The twenty-second day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 514.

An Act

Relating to proceedings in cases of partition in equity.

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 whenever a bill has been, or shall hereafter be, filed in any court, having equitable jurisdiction in cases of partition, and the master, or the masters, and commissioners, to whom the proceedings have been, or may be, referred, have reported, or shall hereafter report, that the lands, or tenements, cannot be divided without prejudice to, or spoiling, the whole, and the parties have refused, or shall hereafter refuse, to take the same at the valuation, then it shall be the duty of the said court to order the master to make sale thereof, at public auction, giving the like notice that is required, in sales under proceedings in partition, in the common law courts.

SECTION 2. The master, to whom the said order shall be directed, shall make return of the sale to the court wherein the said order was issued, and if the same shall be approved, the court shall make an order, or decree, directing the master to

make a deed of the property, sold, to the purchaser, or purchasers, upon the purchase money being paid, or secured to be paid, according to the terms of the sale; and before the said deed shall be made, and delivered, and before the purchase money, or securities, shall be received by the said master, he shall give bond to the commonwealth, for the use of the parties interested, in such sum as the court may direct, for the due payment, and faithful application, of the proceeds of the sale, to be received by him; and it shall be the duty of the said master to make distribution thereof, amongst the several parties thereof, and report the same to the court aforesaid: Provided, That all cases now pending shall come within the provisions of this act.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twenty-second day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 515.

An Act

Providing for the military board of claims.

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 state treasurer is hereby required to pay each of the members of the board of military claims, created by the act of sixteenth day of April, one thousand eight hundred and sixtytwo, for services under said act, the sum of fifty dollars per month, to be computed from the twenty-fourth day of April, one thousand eight hundred and sixty-two, the date of organization of said board, and also, the sum of twenty-five dollars per month, as increased salary to a clerk to said board, from the adjutant general's department, to be computed from the same date.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twenty-second day of April, Anno Domini

one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 516.

An Act

To incorporate the Western Insurance and Transportation 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,

Powers and

That Ezra S. Williamson, William H. Barnes, James R. Johns- Commissioners. ton, H. W. Brown, R. W. Smythe, William P. Shinn, William P. Sterrett, John N. Miller, James D. Mackin, or any five of them, are hereby appointed commissioners, to open books of subscription, and organize a company, by the name, style, and title, of the Western Insurance and Transportation Name. Company, with power to change the same, at pleasure; shall have, so far as is not inconsistent with the provisions of this privileges. act, all the rights, powers, privileges, and franchises, conferred, and be subject to the restrictions imposed, by the first, second, third, fourth, fifth, sixth, seventh, ninth, tenth, and seventeenth, sections of an act to provide for the incorporation of insurance companies, approved the second day of March, Anno Domini one thousand eight hundred and fifty-six, and shall be limited to the risks, designated in the first class, of the seventh section of said act, and transact its business, upon the joint stock principle, and shall have the right to engage in the business of transportation, of all descriptions of property, between any points, or places; for which purpose, said corporation shall have the necessary power to make contracts with owners, or shippers, of freight, and issue bills of lading, or receipts, in conformity therewith, and shall have power to hire, lease, purchase, use, and control, and dispose of, at pleasure, easements, chattel, property, tools, means, or ways, of transportation, with which, efficiently, to transport property, between the points aforesaid.

SECTION 2. That the affairs of the company shall be man- Election of diaged by a board of seven directors, to be elected on the fourth rectors. Wednesday of July, of each and every year, of which elec

tions, ten days' notice shall be given, by the secretary, in two Notice.
newspapers, published in the city of Philadelphia; but no
failure to elect directors, at the time named, shall work a non-

user, but those in office shall continue, until others are duly

chosen; the first board of directors shall be elected, so soon When first elecas two thousand shares shall be subscribed for, and five dollars tion to be held. on each share, thus subscribed, paid to the commissioners; and

within thirty days thereafter, the board shall organize, by Organization. electing a president, from their own number, and a secretary, and treasurer; and said board shall cause a certificate to be made, under the corporate seal of said company, attested by filed in office of the president, and secretary, specifying the date of the organi- secretary of zation, the names of the directors, and officers, the name of commonwealth.

Certificate to be

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