over or on said bridge and railroad, or either, as to the president W. C. A. LAWRENCE, Speaker of the Senate. APPROVED— The twelfth day of April, Anno Domini one thou. sand eight hundred and fifty-nine. WM. F. PACKER. To incorporate the Laporte Gas and Water 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 Michael Meylert, William A. Mason, Doctor F. Fleschut, Charles Corporators. C. Finch, William Meylert, B. S. Cheeners, John S. Green, Chap. man Baldwin, T. J. Ingham and Doctor Charles H. Dand, or such of them as become stockholders, and their associates, successors and assigns, or persons who shall become stockholders, be and are hereby made and created a body politic and corporate, by the name and style of the Laporte gas and water com- Style. pany; and by the said name. they shall and may have perpetual succession, and shall be in law capable of suing and being sued, Powers. pleading and being impleaded, in all courts and judicatories whatsoever, and also of contracting and being contracted with relative to the business and objects of the said corporation; and they may have a common seal, and may change and alter the same at pleasure; and they shall have power to purchase and hold, in fee simple, such real estate as may be necessary for carrying on the business of said corporation, and in their corporate name to make and execute their obligations for their liabilities created for the purchase money for the same, and other neces. sary effects of the said corporation, as they may deem expedient : Provided, That such liabilities shall be created only for the pur- Proviso. pose stated in this act. Section 2. That the said company shall have power to pro- Powers and privide, erect and maintain all works and machinery, or engines, vileges. necessary or proper for making, raising and introducing into the borough of Laporte a sufficient supply of gas and pure water; and for that purpose may provide, erect and maintain all proper buildings, cisterns and reservoirs for the reception of gas and water to be introduced ; and for this purpose they are authorized and empowered, by themselves, their agents, engineers and workmen, and with their tools, carts, wagons and horses, to enter upon such lands and enclosures, streets, lanes and alleys, roads, highways and bridges, as may be necessary to occupy or obtain materials for the construction of the said works, and to occupy, ditch and lay pipes through the same, and the same to repair, from time to time; and if any injury be done to private property, the said company shall make compensation therefor in the manner hereafter provided. Damage or in- Section 3. That if, in the location of said works, an injury jury to private shall be done to private property, and the parties cannot agree property, how settled and ad. upon the amount of compensation to be made to the owner, they justed. may refer the same to men mutually chosen by them, or either party may apply to the court of common pleas of Sullivan county for the appointment of three judicious men to view the premises, and make report to the court, whose award shall be subject to the right of appeal by either party, as in cases under the compulsory arbitration law; and when appealed from, to be tried as if an original action had been brought in said court; and if no appeal be entered within twenty days after the said report shall have been filed, it shall have the effect of a judgment, and be Proviso. collected in like manner: Provided, That the company may file bonds, with security, approved by the court, and proceed with said work the same as if judgment had been obtained and paid. Capital stock. Section 4. That the capital stock of said company shall be twenty thousand dollars, to be divided into one thousand shares of twenty dollars each. Annual election Section 5. That the stockholders shall annually, on the first for officers. Monday of June, of each year, elect a president, six managers, secretary and treasurer for said company; and until the first Monday of June, one thousand eight hundred and sixty, such of the corporators above named as become stockholders shall be the managers thereof, and shall choose from their number a president, secretary and treasurer; and in case of failure to eleet said officers on the days named, the company shall not for that reason become extinct, but the officers shall hold over until others are elected to supply their places. Section 6. That the said company shall have authority to By-laws. make and adopt such by-laws, rules and regulations for the gov. Proviso. ernment of the same as they may deem proper : Provided, That the same do not conflict with the laws of this commonwealth or of the United States. Certificates of Section 7. That the president and managers shall procure cerstock and trans- tificates of stock, which, signed by the president and treasurer, fer of. and sealed with the corporate seal, shall be delivered to each stockholder, and which shall be transferable at his pleasure, in the presence of the president, treasurer or other person appointed by the company for that purpose ; subject, however, to all assesoments due and to become due thereon; and when such assign. ment shall have been made, and entered upon the books of the company, the holder shall be a member of said company, and in every election or meeting of the stockholders of the said company, shall be entitled to one vote for each share of stock by him or them held. Section 8. That if any subscriber for stock, or his assignee, shall refuse or neglect to pay any instalment called for by the said company at the place appointed, and the same shall remain Instalments, unpaid for thirty days after the time appointed, he shall, in ad- relative to pay. dition to the instalment called in, pay at the rate of five per ment of, &o. centum per month for delay; and if the same shall remain un. paid so long as that this penalty shall amount to the sum actually paid by the said stockholders, it shall be in the power of the said company to forfeit the said stock, and the amount paid thereon, to be disposed of by said company as will best promote their objects and interests. Section 9. That the said company shall have the right to fix Rules and reguand establish all necessary rules and regulations as to the use of lations. the said gas and water furnished as aforesaid, and to the rates and prices to be paid by the citizens using the same, and to collect the same as debts are now collected by the laws of this commonwealth, and to declare dividends of the net profits of such company at such times as may be prescribed by the by-laws: Provided, That such part of said work as may be deemed by Proviso. said company advisable, shall be done from time to time; and the company shall have as full power over the work completed, as though they had finished the whole work contemplated by this act. Section 10. That the stockholders of said company shall be Individual lialiable, in their individual capacities, for all debts due to me-bility. chanics, workmen and laborers, and for materials furnished to said company; to be sued for and recovered as provided in the thirteenth, fourteenth and fifteenth sections of an act incorporating the Lackawanna coal and iron company, approved April fifth, one thousand eight hundred and fifty-three; and that the said company shall pay such tax upon dividends as is now or may be required by law. W. C. A. LAWRENCE, Speaker of the Senate. APPROVED—The thirteenth day of April, Anno Domini one thousand eight hundred and fifty-nine. WM. F. PACKER. No. 693. AN ACT To incorporate the Western Library Association of the city of Philadelphia. 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 Corporators. Powers. Proviso. Seal and by-laws Proviso. Officers. Election of trustees. First trustees. the members of the Western library association, of the city of Philadelphia, and all persons that may hereafter become members thereof, are hereby created a body politie and corporate, in deed and in law, by the name, style and title of the Western library association, of the city of Philadelphia. SECTION 2. That the said corporation by that name shall have and enjoy perpetual succession, and be able to sue and be sued, plead and be impleaded in all courts of law and elsewhere; and shall be able and capable, in law and equity, to take, purchase, hold and receive, to them and their successors, for the use of said library, lands, tenements, goods, chattels, sum or sums of money, by gift, grant, bargain and sale, will, devise or bequest from any person or persons whatsoever; and the same to grant, bargain, sell, mortgage, improve, or dispose of for the use of the said library, and in general to do all things which may be lawful or necessary for the well being and proper management of the said corporation: Provided, That the real estate, of which the said corporation shall at any time be possessed, shall not exceed the clear value of ten thousand dollars yearly. SECTION 3. That the said corporation shall have power to make and use a common and corporate seal, and make such bylaws, rules and regulations as shall be necessary for their government and the promotion of the interest of the said library association: Provided, That no by-law, rule or regulation shall be contrary to the constitution of this state or of the United States. SECTION 4. That the officers of the corporation shall be such as that body may deem necessary, and they shall be elected at such times and places, and in such ways and manner as the rules and by-laws of the said corporation may direct. SECTION 5. That the said corporation shall be governed by a board of trustees, consisting of five persons, who shall be annually elected on the first Monday evening in the month of Januuary, in each and every year hereafter, who shall hold their office for one year, or until their successors are duly chosen; and, until an election is held, the following persons shall form the board of trustees, to wit: A. Lowdon Snowden, John W. Tully, John M'Neight, Edw. Leydon, Charles Foreman. W. C. A. LAWRENCE, Speaker of the House of Representatives. JNO. CRESSWELL, JR., Speaker of the Senate. APPROVED-The thirteenth day of April, Anno Domini one thousand eight hundred and fifty-nine. WM. F. PACKER. No. 694. AN ACT To incorporate the Bald Eagle Boom Company, in Clinton 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 Simon Scott, John Reed, Job W. Packer and Theodore Wright, Corporators. and their associates and successors, be and are hereby constituted a body politic and corporate, by the name and style of the Bald Eagle boom company, and by that name may sue and be Style. sued, plead and be impleaded, in all the courts of record of Privileges. Clinton county, or elsewhere; have a common seal, to be altered by them at pleasure; make by-laws, not repugnant to the laws of this state or of the United States, for the management of their corporate concerns; and have and enjoy all the rights and powers of a corporation. SECTION 2. That the said corporation is authorized and em- Powers and aupowered to erect and maintain, on the south side of the Bald thority. Eagle creek, between a point opposite the mouth of Fishing creek and the mouth of Marsh creek, such boom or booms, with piers, as may be necessary for the purpose of stopping and securing logs, masts or spars, and other lumber floating upon said creek, and erect such piers, side branches or shore booms, as may be necessary for that purpose: Provided, That the said booms shall Proviso. not be so constructed as to prevent the safe passage of rafts, boats, logs, masts, spars or other lumber, and not impede the navigation of said creek or the branches thereof. SECTION 3. That if any person or persons shall suffer damage Damages, how by the exercise of powers herein granted to said corporation, ascertained. and the amount thereof cannot be agreed upon by the parties, nor some suitable person or persons agreed upon to estimate the same, the court of common pleas, having jurisdiction in the [ county where the boom or booms are situated, shall, upon application of the parties aggrieved, cause said damages to be ascertained by three disinterested freeholders, of the same county, to be appointed by the said court, and who shall make report to the said court on or before the first day of the term next after the award shall have been made, and which, being confirmed by the court, shall have the effect of a judgment from the time of such confirmation: Provided however, That if either party be Proviso. dissatisfied with the award of said commissioners, and shall, at the time at which the said award is presented for confirmation, apply to said court for a trial by jury in the manner as other like cases are determined, the court shall, by jury, determine the amount of such damages accordingly; and if the verdict shall not be more favorable to the party applying for the jury, than the award given by the commissioners, judgment for costs shall be rendered against the applicants; and if the verdict be more favorable to the party applying for a jury, than was awarded by |