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No. 704.

AN ACT

To incorporate the East Mauch Chunk 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 A. W. Leisenring, W. B. Mack, John Rudale, Thomas Siegfreid, Solomon Dreisbach and George Ruddle, be and they are hereby appointed commissioners, who, or a majority of whom, are hereby authorized to establish a water company, to be located at or near the borough of East Mauch Chunk, in the county of Carbon, for the purpose of introducing, from the most convenient sources, into the said borough of East Mauch Chunk, and points adjacent thereto, a sufficient supply of pure and wholesome water; said company to have a capital of ten thousand dollars, divided into four hundred shares of twenty-five dollars each; and shall be organized and managed under the provisions of an act to provide for the incorporation of gas and water companies, approved the eleventh day of March, Anno Domini one thousand eight hundred and fifty-seven, and any supplement thereto : Provided, That it shall and may be lawful, at any time after five years from the introduction of water into the said borough of East Mauch Chunk, for the authorities of the said borough to become the owners of the said works and the property of said company, by paying therefor the net cost of erecting and maintaining the same, with interest thereon, at the rate of ten per centum per annum.

J. M. THOMPSON,

Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate.

APPROVED-The sixteenth day of February, Anno Domini one

thousand eight hundred and sixty.

WM. F PACKER.

No. 705.

A SUPPLEMENT

To the act to incorporate the Crawford County Mutual Insurance Company.

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 terms and provisions of the act to incorporate the Crawford County mutual insurance company, approved the twenty-eighth day of April, Anno Domini one thousand eight hundred and forty, together with the powers, privileges, conditions and provisions thereof, be and the same are hereby continued in force for the term of twenty years from the twenty-eighth day of April, Anno Domini one thousand eight hundred and sixty. JOHN M. THOMPSON,

Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate.

APPROVED-The sixth day of March, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

Preamble.

No. 706.

AN ACT

To incorporate the Trustees of the township of Jenkins, Luzerne county.

WHEREAS, The original proprietors of the township of Pittston, one of the seventeen townships of Luzerne county, surveyed and laid out certain lots of land in said township, and appropriated the same to and for the purposes of education, et cetera, in said township:

And whereas, On the thirteenth day of March, one thousand eight hundred and thirty-eight, the said proprietors were incorporated into a body corporate, under the title of the trustees of the township of Pittston, in the county of Luzerne :

And whereas, The said township of Pittston hath, since the said thirteenth day of March, one thousand eight hundred and thirty-eight, been divided into three parts, one part thereof still called the township of Pittston, one part thereof called the borough of Pittston, and one part thereof called the town

ship of Jenkins; and the said original proprietors and their successors have been divided or set off from the said original township:

And whereas, There is no person or persons properly or legally authorized by law to recover or manage the portion belonging to the township of Jenkins of the said original proprietors' fund; therefore,

and three trus

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 taxable inhabitants of the township of Jenkins, in the county Election of treaof Luzerne, being owners of land within the same, and all who surer, secretary shall hereafter inhabit and own land within the said township, tees, when and are hereby authorized to meet on the day, and at the place of how held. holding the township elections in said township, annually, and then and there, between the hours of holding said township elections, to elect, by ballot, a treasurer, a secretary, and three persons as trustees of the township of Jenkins; said election to be conducted by the officers of, and as a part of the township election; and the person having the highest number of votes for the respective offices shall be declared duly elected, when the said treasurer, secretary and three trustees shall respectively Incorporation. constitute a body corporate and politic, in law and in fact, by the name and style of the Trustees of the Proprietors of the Style. township of Jenkins, and by the said name shall have perpetual succession, and all the privileges and franchises of corporations, and shall be able and capable in law of purchasing, taking and Privileges. holding, to them and their successors, to the use of the proprietors of said township, land, tenements and hereditaments, real, personal and mixed, and of selling, transferring and conveying the same, in fee simple or for a less estate, of suing and being sued, pleading and being impleaded, and of doing any other act, matter or thing which a body corporate and politic may lawfully do: Provided, That said corporation shall not at Proviso. any one time hold property exceeding in value ten thousand dollars.

tended to this

SECTION 2. That the same provisions made and enacted in The provisions of the third and fourth sections of the act of assembly, entitled a certain act ex"An Act to incorporate the trustees of the township and borough corporation. of Wilkesbarre, the trustees of the township of Plymouth, and the trustees of the township of Hanover, in the county of Luzerne," approved the second day of April, one thousand eight hundred and thirty-one, be and the same are hereby extended to and made applicable to this corporation, as fully as though the same were herein fully set forth.

&c.

SECTION 3. That immediately upon the passage of this act, Effect of this act the rights, interests and claims, real and personal, and all debts, upon rights, dues and demands whatsoever, either in the original funds of claims, debts, the township of Pittston, or otherwise, which shall belong to any or all of the township of Jenkins, shall vest in said corporation, by virtue of this act, and be recoverable in their name, by action at law, as in other cases.

Court to have

SECTION 4. That the court of common pleas of Luzerne county jurisdiction over be invested with jurisdiction to hear and determine, either by disputes between suit at law, as in other cases, by case stated, or by the direc- kins townships.

Pittston and Jen

tion of an issue, all disputes and difficulties between the proprietors of the township of Jenkins and the proprietors of the township of Pittston, in relation to the division and disposition of the fund in the hands of the proprietors of Pittston township, and thereupon to give judgment as shall be just: ProWrit of error may vided, That either party shall be permitted to take a writ of

be taken.

Costs.

Treasurer to give bond.

Officers to con

tion.

error to the supreme court, in the same manner as in other cases of judgment upon verdict: And provided, That the costs shall abide the events in all such suits or proceedings.

SECTION 5. That the treasurer elected in pursuance of this act, before entering upon the duties of his office, shall give bond to the trustees aforesaid, with one or more good and sufficient sureties, in the penal sum of three thousand dollars, conditioned for the accounting for and paying over to his successor in office, all moneys coming into his hands as treasurer of the said trus

tees.

SECTION 6. That until the election of officers under the protinue until elec- visions of this act, Francis Yates, junior, Joseph P. Schooley, junior, and Crandal W. Thompson, shall be trustees, Andrew Bryden the treasurer, and Merritt Winters the secretary, who shall be authorized to do and perform every act, and to bring and prosecute suits at law, in the same manner and form as the trustees, treasurer and secretary, when elected under the provisions of this act, can and may do.

JOHN M. THOMPSON, Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate.

APPROVED-The sixth day of March, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

Preamble.

No. 707.

AN ACT

To incorporate the Trustees of the borough of Pittston, Luzerne county.

WHEREAS, The original proprietors of the township of Fittston, one of the seventeen townships of Luzerne county, surveyed and laid out certain lots of land in said township, and appropriated the same to and for the purposes of education in said township:

And whereas, On the thirteenth day of March, one thousand eight hundred and thirty-eight, the said proprietors were incorporated into a body corporate, under the title of the trustees of the township of Pittston, in the county of Luzerne:

And whereas, The said township of Pittston hath, since the said thirteenth day of March, one thousand eight hundred and thirty-eight, been divided into three parts, one part thereof still called the township of Pittston, one part thereof called the township of Jenkins, and one part thereof called the borough of Pittston, and the said original proprietors, and their successors, have been divided or set off from the said original township:

And whereas, There is no person or persons properly or legally authorized by law to recover or manage the portion belonging to the borough of Pittston of the said original proprietors' fund; therefore,

and treasurer,

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 taxable inhabitants of the borough of Pittston, in the county Election of trus of Luzerne, being owners of land within the same, and all who tees, secretary shall hereafter inhabit and own land within the said borough, when and how are hereby authorized to meet, on the day and at the place of held. holding the borough elections in said borough, annually, and then and there, between the hours of holding said borough elections, to elect a treasurer, a secretary and three persons as trustees of the borough of Pittston; said election to be conducted by the officers of and as a part of the borough election; and the person having the highest number of votes for the respective offices, shall be declared duly elected, when the said treasurer, secretary and three trustees shall respectively constitute Incorporation. a body corporate and politic, in law and in fact, by the name and style of the Trustees of the Proprietors of the borough of Style. Pittston, and by the said name shall have perpetual succession and all the privileges and franchises of corporations; and shall Privileges. be able and capable in law of purchasing, taking and holding, to them and their successors, to the use of the proprietors of said borough, land, tenements and hereditaments, real, personal and mixed, and of selling, transferring and conveying the same, in fee simple or for a less estate, of suing and being sued, pleading and being impleaded, and of doing any other act, matter or thing which a body corporate and politic may lawfully do: Provided, That said corporation shall not, at any one time, hold Proviso. property exceeding in value ten thousand dollars.

tended to.

SECTION 2. That the same provisions made and enacted in Provisions of a the third and fourth sections of the act of assembly, entitled certain act ex"An Act to incorporate the trustees of the township and borough of Wilkesbarre, the trustees of the township of Plymouth, and the trustees of the township of Hanover, in the county of Luzerne," approved the second day of April, one thousand eight hundred and thirty one, be and the same are hereby extended to and made applicable to this corporation, as fully as though the same were herein fully set forth.

SECTION 3. That immediately upon the passage of this act, Effect of this act the rights, interests and claims, real and personal, and all upon all rights, interests, debts, debts, dues and demands whatsoever, either in the original &c. funds of the township of Pittston, or otherwise, which shall belong to any or all of the borough of Pittston, shall vest in said corporation, by virtue of this act, and be recoverable in their name, by action at law, as in other cases.

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