to levy taxes said borough, and cause the same to be collected, and all other taxes To have the necessary for the support and well being of the corporation, in like care of the poor, manner as townships now have the right, and the burgess and town &c. council are hereby authorized to levy a tax or taxes on dogs within said borough, and cause the same to be collected, as borough taxes are collected, if they deem proper. SECTION 21. That the school directors first elected under the pro- Enumeration of visions of this act shall, immediately after their election, cause to be taxables. made an enumeration of the taxable inhabitants of said borough, and the president of the board of directors shall certify the same to the superintendent of common schools, who is hereby directed to adopt the number of taxables thus certified to him as the basis of the distribution to said borough of its share of the State appropriation, and the amount to which the said borough is entitled shall be deducted from the amount to which Providence school district in said county would otherwise be entitled, until after the next triennial enumeration of taxables for school purposes, and the said borough shall be entitled to its share of the proprietors' fund in said Providence township. SECTION 22. That the high constable of the said borough shall have the Powers of bigk power and authority vested by the laws of this Commonwealth in the constable. constables of the different townships in the said county, and shall give bonds for the just and faithful discharge of the duties of his office, in the manner required of the constables of the different townships in the said county. JOHN S. RHEY, APPROVED-The fourth day of May, one thousand eight hundred and fifty-two. WM. BIGLER. No. 416. AN ACT To authorize the Governor to incorporate the Pittston 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 Arlen Damore, Abraham Price, Isaac Everet, Cornelius Stark, Thomas Commissionera. Ford, Abraham Enigh, George Lazarus, Theodore Strong, James McFarlanes, William Ford, Abraham Bird, R. J. Wisner, Stephen B. Jenkins, John Howaith, James Searle, and Wm. H. Alexander, be and they are hereby appointed commissioners, to do and perform the several duties hereinafter mentioned, that is to say they or any five of them, shall procure a book or books, and therein enter as follows: Form of sub"We whose names are hereunto subscribed, do promise to pay to the scription. president and managers of the Pittston Water company, the sum of twenty-five dollars for each and every share of stock set opposite to our respective names, in such manner and proportions, and at such times, as shall be determined by the said president and managers, in pursaance of an act of the General Assembly entitled "An Act to authorize the Governor to incorporate the Pittston Water company; witness our hands, the day of , in the year of our Lord one thousand eight hundred and ;" and shall thereupon give notice, in a public newspaper printed in Pittston, and such other papers as a majority of the said commissioners may think proper, of the time and place or places when and where the said book or books shall be opened to receive subscriptions for the stock of said company, at which time and place or places, one or more of the said commissioners shall attend, and permit and suffer all persons or bodies corporate who shall offer to subscribe in the said book or books, which shall be kept open for the purpose at least six hours in every juridical day for three days, if three days shall be necessary, and on the first of said Who may sub- days any person of the age of twenty-one years shall be at liberty to subscribe, in his own name or in the name of any other person or body corporate by whom he shall be duly authorized, for any number of shares not exceeding twenty, and on any succeeding day while the said book or books shall remain open, for any number of shares of the said stock, and if at the expiration of the said three days the said book or books shall not have eight hundred shares therein subscribed, the said commissioners may adjourn from time to time, and from place to place, until the said number of shares shall be subscribed, and when the said number of shares shall be subscribed the said book or books shall be closed: Provided always, That every person offering to subscribe in said book or books, in his own name or in the name of any other per son or body corporate, shall at the time of subscribing be required to pay to the attending commissioner or commissioners one dollar ou each share, to defray the expenses attending the taking of such subscriptions and other incidental charges, which expenses and charges the said commissioners shall pay out of the moneys so received by them, and the balance, if any, shall be paid over to the treasurer of the said company as soon as the same shall be organized, as hereinafter mentioned. scribe. Provise. SECTION 2. That when ten or more persons shall have subscribed Letters patent. not less than four hundred shares of the said stock, the commissioners aforesaid, or any five of them, may, or when the whole number of the shares aforesaid shall be subscribed shall certify, under their hands and seals, the names of the subscribers, and the whole number of shares subscribed by each, and the amount paid on each share, to the Gor ernor of this Commonwealth, and if it shall appear from such certif cate that the subscriptions have been bona fide made, and the amount required by the said commissioners at the time of subscription actually paid, then the Governor shall, by letters patent under his hand and the great seal of the State, create and erect the said subscribers, and if the whole number of shares aforesaid be not then subscribed, then also all others who shall afterwards subscribe to the number of shares aforesaid, into one body politic and corporate, in deed and in law, with perpetual succession, and with all the privileges and franchises inciden to a corporation, by the name, style and title of "The Pittston Water company," and by such name the subscribers, and such others as mat thereafter become subscribers and shareholders, shall be capable of holding their said capital stock, and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, Style. such manner and form as they shall think proper, not exceeding forty thousand dollars, and of purchasing, taking and holding, to them and Privileges. their successors and assigns, in fee simple or for any less estate, all such lands, tenements and hereditaments, goods, chattles or effects, as shall be necessary for them in the prosecution of their work and in the full enjoyment thereof, and the same to sell and dispose of at their pleasure, if necessary, and of doing every act, matter and thing which a corporation or body politic may lawfully do. ization. SECTION 3. That the seven persons first named in the letters patent Notice to be shall, as soon as conveniently may be, give notice in a public newspa- given of organper printed in the village of Pittston, of a time and place to be by them appointed, not less than thirty days after publishing such notice, at which time and place the said subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes of the said subscribers, by ballot, to be delivered in person or by proxy, one president and six managers to conduct the business of said company, who shall continue in office until the next succeeding annual election, as hereinafter provided, and until such other officers shall be elected, and shall make such by-laws and regulations not inconsistent with the constitution and laws of the United States and of this State, as may be necessary for the well ordering and conducting of the affairs of the said company: Provided, That no person or body corporate shall have Proviso. more than twenty votes on his own account at any election, or in determining any question arising at such meeting, whatever number of shares such individual or body corporate may be entitled to, and that each person and body corporate holding one or more shares, not exceeding the number of twenty, shall be entitled to one vote for each and every share so held. SECTION 4. That the said president and managers shall have full Powers. power and authority, immediately after obtaining their charter of incorporation, to construct, provide for, or erect all the works, materials or machinery necessary and proper for conducting or conveying pure water into the village of Pittston, and distributing the same for the use of the inhabitants of the said village, and also for the use of those who live contiguous thereto, as also to provide against the ravages of fire by erecting hydrants or other constructions, in suitable places within the limits of said village, for that purpose, and also for erecting within or contiguous to said village a reservoir of suitable dimensions, for the supply of the inhabitants of said village and of those who live contiguous thereto with pure water, and the said company shall have the privilege to convey water from any point which they may deem expedient, where pure water may be obtained in sufficient quantity, for the ordinary uses of the inhabitants, as aforesaid, and to convey and conduct the same in conduit pipes, or otherwise, as they may deem expedient, through any public or private grounds, roads, streets or alleys, to the said reservoir, and from said reservoir through any road, street or alley, or through any public or private ground within or without said village, necessary for the distribution of said water for public or private use, and to alter, renew and repair any of such constructions when necessary: Provided, That all damages to private property Proviso. shall be ascertained and paid for before any work is done or commenced on such private property or grounds, as is hereinafter provided for, and the said company shall do no damage or injury to the Pennsylvania canal, or to the works of the Pennsylvania Coal company; that the said president and managers shall, in such streets and parts of said village when pipes have been laid down for conduct May enter upon Proviso. To enter upon lands for the tion. ing the said water, for a reasonable consideration, which shall be agreed upon by the said president and managers or their agent, and a duly authorized committee of the property holders of said village, erect hy drants, to be used solely for extinguishing fires and cleansing the streets of the said village, under the direction of said duly authorized committee of property holders, and they shall suffer individuals at all times to be supplied with water from the said pipes for domestic or manufacturing purposes, or for any machinery connected with the mining or carrying away coal or other minerals in said village, or lands contiguous thereto, for such a reasonable consideration and compensation as shall from time to time be agreed upon by the said president and managers and such individuals, according to certain uniform rates, as near as practicable, which the said president and managers shall adopt, and any person within the said village, or in the vicinity of the said village, who shall appropriate or draw off any of the said water for domestic, manufacturing or other purposes, except for the legitimate purposes contemplated by this act, without having previously contracted for the same with the president and managers, or their duly authorized agent, shall forfeit and pay for every such offence the sum of twenty dollars to the said president and managers, to be recovered before a justice of the peace, in such manner as debts of equal amount are now recoverable. SECTION 5. That it shall and may be lawful for the said president and managers, by and with their officers, agents, artists and workmen, with their tools and implements, carts, wagons, carriages, and beasts of draught and burden, to enter upon the lands over, contiguous and near to which the route, track and line where the water shall or may be conducted in manner aforesaid, in conduit pipes or otherwise, or for constructing a reservoir, or for any other purpose necessary for the ac complishment of the object of this act: Provided, That the said presi dent and managers shall give, or cause to be given, notice to the owner or occupier of lands thus entered upon, and doing as little damage as possible. SECTION 6, That it shall and may be lawful for the said president and managers, by and with their officers, artists and workmen, with purpose of loca their tools and implements, to enter in and upon the lands and tenements of any person or persons, for the purpose of locating the route by which the water is to be conducted, and defining and marking the courses and distances thereof, and of locating any bridges, aqueducts or culverts necessary in the prosecution of said works, and also for the purpose of locating the site for a reservoir, as aforesaid, and for establishing any other works or fixtures connected therewith, first giving notice to the owner or occupiers of said lands through which the said water is to be conducted or reservoir constructed, doing as little damage thereto as possible. To contract for lands. SECTION 7. That it shall and may be lawful for the said president and managers, or their duly authorized agent, to contract and agree with the owner or owners of any lands and tenements, hereditaments and privileges which may be affected thereby, over, through, or upon which it may be necessary to conduct the water, as aforesaid, or to construct or erect said reservoir, bridges, aqueducts, culverts, dams, or other works or fixtures, which by the said president and managers may be deemed necessary and connected therewith, for the purchase of so much of said lands as they may deem necessary for the accomplishment of the objects of this act, or the privilege of entering upon and passing over the said lands in the prosecution, repair and protection of their works, if they or their duly authorized agent can agree with such owner or ers, but in case of disagreement, or in case the owner thereof be the lands. ECTION 9. That when the said president and managers shall pay to When full said owner or owners of any lands and tenements, or to his, her or amount of damrepresentatives, the full amount of damages found and assessed ages assessed & rding to the provisions of the sixth section of this act, for the paid, co. to hold s and tenements occupied by the said company in the construction heir works, or for the right of way over or through any lands for construction or protection and repair of the same, with the costs ved by the said court, or shall pay into the said court for the use he said owner, owners and occupants, his, her or their representa5, the said company shall be entitled to have and to hold the said s and tenements so paid for and described in the report of the viewers, and set out in and by the draft accompanying and filed ecord, with the report of the viewers aforesaid, to them and their essors and assigns, for the purposes aforesaid. ECTION 9. That the stockholders of the said company shall meet Meeting of he first Monday in May in each year after they shall have received stockholders. r letters patent as herein before provided, at such place as shall be |