Proviso. Proviso. Statement. Premiums. Expenses. Balance. Interest. Securities. to the contingent fund of the company: Provided, always, That no interest shall be paid upon the said certificates of stock, or for premiums earned, except from the net interest and profits received and made by the said company upon their investments, and the real earnings of the company for, and during the current year, in which the said interest shall have accrued, after payment of all losses, charges, and expenses incurred during the said current year; and if the said receipts should not be sufficient to pay and discharge the same in full, then the whole shall be applied first, to the payment of the interest upon the stock in full, or pro rata, as the case may be, and the balance, if any, shall be divided pro rata among the holders of certificates for premiums earned as aforesaid: And, provided, also, That as often, and whenever the said capital stock, or the amounts received for premiums earned on risks marked off and terminated, shall be impaired or diminished by losses, expenses, or by or from any other cause whatsoever, then in all such cases there shall be made a deduction, equal in amount to the said losses or expenses, or other diminution, which shall be assessed pro rata upon all the said certificates of stock, and upon all certificates issued on account of premiums paid for risks marked off and terminated; and immediately upon such assessment being made by the board of directors, the said certificates issued as aforesaid, shall be binding and obligatory on the said company for the balance due upon them, after such deduction, made and assessed as aforesaid; and the said assessment and deduction, when made by the board of directors as aforesaid, shall be binding and conclusive upon the holders of all said certificates of stock, and for premiums earned, either with or without notice. SECTION 10. That on some day within the first month of every year, the directors of the said company shall cause to be made and printed, a general balance statement of the affairs of said company, which shall contain I. The amount of premiums received during the previous year, specifying what amount was received on marine risks, what on fire risks, and what on inland transportation and navigation risks. II. The amount of the expenses of the said company during the year. III. The amount of losses incurred during the year, specifying what amount of losses have been incurred by marine risks, what on fire risks, and what on inland transportation and navigation risks. IV. The balance remaining with the said company. V. The amount of interest payable on the certificates of stock, and on those issued for premiums earned, and the dividends declared from the premiums earned during the preceding year. VI. The nature of the securities in which the property of the company has been invested, stating separately the amounts invested in real securities, and in stocks, public loans or other personal securities, and the balance of cash on hand. Each member of the company shall be entitled to a copy of this statement, which shall be published daily for one week in two daily newspapers of the city of Philadelphia, in the months of January or February, in each and every year. SECTION 11. That whenever and as often as the accumulation of the Profits applied. profits invested shall, independently of the capital stock, amount to sixty thousand dollars, such accumulation may be applied to the redemption of the certificates of stock issued under the provisions of this act; and after the redemption of the whole of said stock, or after full provision shall have been made therefor, then any such accumulation or excess accruing or remaining, may be applied to the redemption the certificates issued for premiums earned; but the certificates for emiums earned of a subsequent year, shall not in any case be red-med Proviso. until all those of the preceding year have been paid off and taken up or provided for; notice of such redemption shall be given in two public papers of the city of Philadelphia, daily, for two successive weeks in the months of January or February: Provided, That if the interest as Proviso. aforesaid, thus declared on any of the certificates issued for premiums as aforesaid, shall not be demanded for the space of three years after the Interest. holder or holders shall have been entitled to receive the first payment thereof, then, and in such case or cases, the further interest on such certificates to cease: And provided, also, That if any such certificate or certificates shall not be called for and taken from the office for the space of five years, or if no demand be made for interest or other moneys payable on any certificate or certificates for the like space of time, then, and in all such case or cases, such certificate and certificates shall be considered as relinquished and forfeited to the use and benefit of this corporation; the board of directors, may, however, by a special resolution, modify or suspend the operation of said provisos in such particular cases where, in their opinion, circumstances may warrant their so doing. SECTION 12. That in case any person holding or entitled to a certifi- Debts. cate for stock or for premiums earned, or who would as above, be entitled to receive any payment for interest on account thereof, shall be indebted to the said company; they shall and may withhold the said certificate and the payment of the said interest, until such debt or debts shall be thereby satisfied or otherwise paid. SECTION 13. That the certificates for stock or for premiums earned, Transfers. shall be transferred only upon the books of the company, in person, or by an attorney duly constituted, under such rules and regulations as now are, or hereafter may be prescribed by the by-laws of the company. SECTION 14. That the said company may cause themselves to be re-insured against any risk upon which they have made or shall make insurance. Re-insurance. SECTION 15, That the directors shall have power to make, alter, and Powers. annul by-laws and rules for the government of the affairs of the company, provided the same be not inconsistent with the constitution and laws of this commonwealth; and they shall also fix the annual compensation of the president and the directors; shall also have the power of calling general meetings of the holders of certificates of stock and of. certificates for premiums earned; and the third article of the seventh 'section, and so much of the seventh article of the same section of the act of February sixth, one thousand eight hundred and four, as provided for the annual meeting of the stockholders, the powers to make rules, regulations, &c., are hereby repealed. SECTION 16. That the previous act incorporating the Phoenix insur- Repeal. ance company of Philadelphia, and the supplements thereto, and the provisions therein, so far as they are not supplied, altered or repealed, and are not inconsistent with the provisions of this act, shall be and continue in force until the same shall be altered or repealed by the legislature of this commonwealth: Provided, That nothing contained in this Proviso. act shall be construed to authorize or confer upon said company any banking privileges. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The eleventh day of March, one thousand eight hundred and forty-four. DAVID R. PORTER. Orders for removal. Repeal. No. 64. A SUPPLEMENT To an act, entitled "An Act to provide for the erection of a poor house for the employment and support of the poor, in the county of Washington," passed the sixth day of April, Anno Domini one thousand eight hundred and thirty-three. 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 in all cases, where it becomes necessary to remove more than one person of the same family at the same time, to the poor house, in the county of Washington, the justice shall include all the said paupers in one order, and charge for one order only. And whenever more than one pauper is removed to the poor house at the same time, by one person, mileage shall be allowed on one person only, with reasonable charges. SECTION 2. That when an order for the removal of a pauper is obtained, it will be the duty of the person obtaining such order, within five days thereafter, to notify one of the directors .or steward thereof; and in case of neglecting to give notice as aforesaid, the directors may refuse to pay all charges that accrue against such pauper, until they are notified as aforesaid. And when an order of removal has issued during the lifetime of a person who should have been received as a pauper, and dies before removal, the directors shall pay the funeral expenses, and no more. SECTION 3. That so much of the said act as is hereby altered or supplied, be and the same is hereby repealed. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER, Speaker of the Senate. APPROVED-The twelfth day of March, one thousand eight hundred and forty-four. DAVID R. PORTER. No. 65. AN ACT To incorporate the village of Petersburg, in the county of Perry, into a borough. Bounds. 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 village of Petersburg, in the county of Perry, shall be and the same Borough erected. is hereby erected into a borough, which shall be called the borough of Petersburg, and shall be bounded and limited as follows: Beginning at a corner, on the shore of the Susquehanna river, on the southern side thereof, and on the northern side of Washington street; thence along by the shore of said river south twenty-five degrees west fifteen hundred and forty feet to a corner; thence extending along said shore south thirteen degrees west five hundred and seventy feet to a stone; thence extending along by the Juniata creek north eighteen degrees west two thousand one hundred and twenty feet to a marked pine tree; thence extending by lands of Dr. Ebert north forty degrees east two hundred and seventy-seven feet; thence extending by said Ebert's land fifty feet to Pine alley, and extending along the corner of High and Mulberry streets one hundred and fifty feet; thence by said Ebert's land two hundred feet to Apple Tree alley, and along the southern side of said alley seven hundred and fifty feet to a corner; thence extending south sixty-eight degrees east two hundred feet to the place of beginning. First and annual SECTION 2. That the inhabitants of the said borough, entitled to vote for members of the general assembly, having resided within the bounds election. of said borough, at least ten days immediately preceding the election, shall have power, on the first Saturday of September next, to meet at the public school house in said town, and on the same day annually. Mode of conductthereafter at the place aforesaid, and shall then and there, between the ing the same. hours of one and seven in the afternoon, elect by ballot one respectable citizen residing therein, who shall be styled the chief burgess, and five citizens to be a town council, and shall also elect as aforesaid one citizen as high constable, all of whom shall be residents of said borough and entitled to vote for borough officers, agreeably to the provisions of this section; but previous to the opening of said election, such of the inhabitants qualified to vote as aforesaid, as are present at the said place of election, shall choose by ballot one citizen to act as judge, and two citizens to act as inspectors; the judge and one inspector shall also act as clerks of said election; the judge and one inspector to be voted for by each voter, and the election to be conducted throughout according to the general election laws of this commonwealth; and the officers of the election shall be subject to the same penalties for mal-practices as by the said election laws are imposed. The said judge and inspectors, before they enter upon the duties of their respective offices, shall take the same oaths or affirmations, before any justice of the peace of the county, as are prescribed by the existing election laws of this commonwealth; and after the said election shall be closed, shall declare the persons having the greatest number of votes to be duly elected. And in case any two or more candidates should have an equal number of votes, the preference shall be determined by lot, to be drawn by the two in Name. Liberties and powers. Penalty for refusal to serve. Oath. spectors, in presence of the judge; whereupon duplicate certificates of said election shall be signed by the said judge and inspectors, one of which shall be transmitted to the chief burgess elect, and the other filed among the records of the corporation. And it shall be the duty of the high constable for the preceding year, (and in the event of his absence or inability to act, such person as the officers of the election may direct,) to give notice in writing to each of the persons so elected as aforesaid; and in case of the death, resignation, removal or refusal to accept any of the said offices, or if it should at any time happen that no election should be holden on the day and in the manner aforesaid, the corporation shall not on that account be dissolved; but the chief burgess, or in the event of his absence, death, resignation, removal or inability to act, the president of the town council shall issue his precept, directed to the high constable, commanding him to hold an election in manner aforesaid, to supply such vacancy, giving at least eight days notice, by six advertisements, set up in the most public places in said borough. SECTION 3. That from and after the eighth day of September next, the chief burgess and town council, duly elected as aforesaid, and their successors, shall be one body politic and corporate, by the name and style of the chief burgess and town council of the borough of Petersburg," and shall have perpetual succession; and the said chief burgess and town council, and their successors, shall be called in law, to have, get, receive, hold and possess goods and chattels, lands and tenements, in fee simple or otherwise; and also to grant, sell, let and assign the same goods and chattels, lands and tenements, not exceeding at any one time in value, two thousand dollars; and by the name and style aforesaid, they shall be capable in law to sue and be sued, plead and be impleaded in any of the courts of law of this commonwealth, in all manner of actions whatsoever; and to have and use a common seal, and the same from time to time at their will, to change and alter, until it be otherwise directed by law. SECTION 4. That if any person duly elected chief burgess, member of the town council, or high constable as aforesaid, and having received due notice thereof, as directed by this act, shall refuse or neglect to take upon himself the execution of the said office to which he shall have been elected, or having taken upon himself the duties of the said office, shall neglect to discharge the same, according to law, every person so refusing or neglecting, shall, for every such offence, forfeit and pay the sum of ten dollars; which fine, and all other fines, penalties and forfeitures incurred, and made payable in pursuance of this act, or any by-law or ordinance of the town council, shall be for the use of the said corporation, and shall be recovered by suit brought before the chief burgess, (to whom is hereby given the same power and authority in suits brought before him,) to recover the same as justices of the peace within the commonwealth by law have, where the demand does not exceed one hundred dollars, in the form and manner, and with the same costs of suits, that debts of like amount are by law recoverable; and the same, when recovered, shall be paid to the treasurer of the borough ; and it shall be the duty of the officers of the borough, on receiving any money belonging to the corporation, to pay the same to the treasurer forthwith: Provided, That no person elected as aforesaid, shall be liable to a fine for refusing or neglecting to serve more than once in five years. SECTION 5. That the chief burgess, members of the town council, and high constable, and all the other officers of the borough appointed by the town council, in pursuance of the further provisions of this act, |