cers. clerk, &c. like manner, the election to be held on the third Friday in March next, as is herein before directed. SECT. XIII. And be it further enacted by the authority aforesaid, Allowance to That the judges, inspector and clerks of the elections aforesaid, election offi; shall be allowed each, one dollar a day for their services in holding said elections; and the town council shall, from time to time, affix Salaries of the salaries of the high-constable, town clerk, treasurer, clerk of the high constable, town the market, and such other officers as may be appointed under this act, which salaries shall be paid out of the borough treasury, by orders drawn thereon, signed by the president of the council, which salaries shall not be increased or diminished during the time for which the said officers were appointed respectively: Provided also, That Penalty on if any person, appointed by the town council, as aforesaid, shall officers, ap- neglect or refuse to take upon himself the duties of the office to pointed by which he shall be so appointed, shall forfeit and pay for the use of the corporation, the sum of twenty dollars, unless he can render to the said council, a satisfactory reason why he should be exonerated from such service. the town council, re fusing to serve. Persons feel SECT. XIV. And be it further enacted by the authority aforesaid, ing themThat if any person or persons shall think him, her or themselves selves ag- aggrieved, by any thing done in pursuance of this act, except in grieved, may what relates to the imposing and collecting the borough-tax and appeal to the appointments made by the town council, he, she or they may apmon pleas. peal to the next court of common pleas,to be held for the said county court of com clause. upon giving security, according to law, to prosecute his, her or their appeal with effect, and the said court, having taken such order therein as shall seem to them just and reasonable, the same shall be conclusive against all parties. SECT. XV. And be it further enacted by the authority aforesaid, Repealing That from and after the third Friday in March next, the act entitled "An Act to erect the Town of Harrisburgh, in the county of Dauphin, into a Borough;" passed on the thirteenth day of April, one thousand seven hundred and ninety-one, be, and the same is hereby repealed. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the first day of February, in the year one thousand eight hundred and eight. THOMAS McKEAN. 1 CHAPTER XVI. An ACT to incorporate the Evangelical Lutheran Congregation of St. John's ral Assembly met, and it is hereby enacted by the authority of the same, That Martin Hartley, Adam Eckfelt, John Lesher, John Graff, The EvangeChristlieb Bartling, Daniel Breutigam, Isaac Wampole, John lical LutherSinger, John Goodman, jun. Conrad Haas, John Rugan, an congreg George Rees, Charles Schaffer, Jacob Benninghove, Samuel Leh- tion of St. man, Baltes Emrich, George Bantleon, Michael Fox, John Hay, church, in Daniel Bickley and John Greiner, and their successors, shall be the city and duly elected in manner and form as is hereinafter directed, be, vicinity of and they are hereby made and constituted a corporation and body incorporated. Philadelphia politic in law, and in fact, and to have perpetual continuance by the name and style of, «The Trustees of the Evangelical Style of the Lutheran Congregation of St. John's Church, in the City and corporation. Vicinity of Philadelphia." SECT. II. And be it further enacted by the authority aforesaid That the said corporation and their successors by the name and, General style aforesaid, shall for ever hereafter be able and capable in law powers of to have, purchase, take, receive, and hold lands, tenements, tin the corporarents, annuities, franchises and other hereditaments, which at any time or times heretofore have been granted, bargained, sold, released, devised or otherwise conveyed to the said congregation, or to any other person or persons for their use or in trust for them; and the same lands, tenements, rents, annuities, liberties, franchises and other hereditaments, are hereby vested and established in the said corporation, and their successors for ever agreeably to their original use and intention. And the said corporation and their successors are hereby declared to be seised and possessed of such estate and estates therein, as in and by the respective grants, bargains, sales, releases, devises or other conveyances thereof, is or are declared, limited or expressed, as also that the said corporation and their successors as aforesaid, at all times hereafter shall be capable and able to purchase, have, receive, take, hold, and enjoy in fee simple, or for any other less estate or estates, any lands, tenements, rents, annuities, liberties, franchises, and other hereditaments, by the gift, grant, bargain, sale, alienation, release, confirmation or devise of any person or persons, bodies, politic or corporate, capable and able to make the same, and further that the said corporation may take and receive any sum or sums of money, and any manner or portion of goods and chattels that shall be given or bequeathed to them by any person or persons, bodies, politic or corporate, capable to make a gift or bequest thereof, such money, goods and chattels to be Enabled to sue ad be sued. common laid out by them in a purchase or purchases of lands, tenements, messuages, houses, rents, annuities or other hereditaments, to them or their successors for ever, or the monies lent on interest or otherwise disposed of according to the intention of the donors. SECT. III. And be it further enacted by the authority aforesaid, That the said corporation and their successors, by the name and style of, "The Trustees of the Evangelical Lutheran Congregation of St. John's Church, in the city and vicinity of Philadelphia," shall be able and capable in law to sue and be sued, plead and be impleaded, in any court or courts, before any judge or judges, justice or justices, in all and all manner of suits, complaints, pleas, causes, matters and demands of whatsoever kind, nature or form they may be, and all and every matter and thing therein to do in as full and effectual a manner, as any other person or persons, bodies, politic or corporate, within this commonwealth may or can do. SECT. IV. And be it further enacted by the authority aforesaid, To have one That the said corporation and their successors shall have power and authority to make, have and use one common seal, with such device and inscription as they shall think proper, and the same to break, alter and renew at their pleasure. Beal, &c. Number of members, and the time and manner of choosing them. Their term of service. SECT. V. And be it further enacted by the authority aforesaid, That the said corporation by the name and style aforesaid, shall always consist of twenty-one members, and shall at all times hereafter be chosen by ballot on the second Tuesday in May, in each and every year, at such place as the said corporation by their byelaws hereafter may direct and appoint in m. inner following, that is to say, the last named seven persons of the present trustees, named in the first section of this act, shall be and continued trustees until the second Tuesday in May next, and the seven next named persons of the present trustees, shall be and continue trustees until the second Tuesday in May next thereafter, and that the remaining and first named persons of the present trustees, be, and continue trustees until the second Tuesday in May, which will be in the year of our Lord one thousand eight hundred and ten, and that on the second Tuesday in May, in the year of our to be exclud. Lord one thousand eight hundred and eight, and so on every second ed from serv- Tuesday in May annually for ever seven persons shall be chosen ing as a as aforesaid, to serve as trustees for the term of three years, and no person shall be excluded from serving as a trustee, on account having pre- of his having before served said office, and in all cases where the viously serv- number of votes shall be equal for two or more candidates, the preference shall be decided by lot by the trustees when met for the purposes mentioned in the eighth section of this act. No person Trustee, on account of ed in that capacity. SECT. VI. And be it further enacted by the authority aforesaid, how to be That all elections to be held in pursuance of this act, shall be Inspectors of 5 conducted by three members of the Congregation, who shall be "lections appointed inspectors at the same place where the trustees are to appointed. › be elected as aforesaid, by the electors then assembled, in such - manner as may be agreed on by the said electors within one hour preceding the election of said trustees, and the inspectors so chosen shall appoint one or more suitable person or persons, as their clerk or clerks to perform such duties as may be pointed out, and the nature of the case requires. SECT. VII. And be it further enacted by the authority aforesaid, That when each election so had and held in pursuance of this act, shall be closed and the number of votes for each person shall be ascertained, the inspectors of the election as aforesaid, or a majority of them shall thereupon make out under their respective hands a return thereof, containing the names of the trustees elect, with the number of votes ir. favor of each, and shall within two days after the closing of each election, give notice in writ ing to each of the trustees elect, of their respective elections, and shall deliver or cause to be delivered the said return, together with the list of names, tally papers, tickets and other documents, sealed up to the trustees in office at the times and places, in and by this act appointed for them to meet and receive the same. Clerks ap. pointed; their duties Inspectors of elections; their duties. the Trustees, SECT. VIII. And be it further enacted by the authority aforesaid, That the trustees in office shall for ever hereafter meet together at Time and the same place where the election for trustees was held, between place of the the hours of nine and eleven o'clock in the forenoon of the third day meeting of next following each and every election held in pursuance of this to receive act, and shall then and there receive the returns of the trustees returns of elect, and if objection shall be made by any five members of the theelections. congregation, not members of the corporation, to the legality of to be had in Proceedings such election, they shall forthwith proceed and examine the case of dissame, and to judge and determine thereon, and for that purpose puted eleca majority of the trustess then in office, shall be judges of the said contested election, and shall have full power and authority to approve thereof or to set aside the same, and to order new elections as the law may require in manner before directed, and at such times as shall be by them appointed, and notice shall be given Notice of of all elections to be held in pursuance of this act, from the desk elections, in or pulpit for two successive Sundays, at least preceding each and to be given. every election, in the fore and afternoons of said days, and each Elections and every election so held, shall be opened precisely at ten o'clock how to be in the forenoon, and shall continue open until nine o'clock in the evening, unless any elector should present his vote before the inspectors have commenced counting off the ballots, in which case the vote or votes so offered, shall be received and the poll be closed; what manner conducted. and the name of each and every trustee dulyelected and returned Publication (except where the same is contested,) shall be published in the of the elec. congregation on the Sunday following his election, from the desk tion of Trus- or pulpit, after which such trustee or trustees shall be inducted tees, manner into office in the usual manner, in the presence of the congrega of induction into office. cations right of vot tion. SECT. IX. And be it further enacted by the authority aforesaid, Electors That in all elections to be held in pursuance of this act, every their qualifi- person of the age of twenty-one years who is a citizen of and residing in this commonwealth, and who shall appear by the books of the congregation to have paid three successive years, immediately preceding the time of any election for a pew or sitting in the church of said congregation to be built, shall enjoy the rights of an elector, and not otherwise, the sons of qualified members as aforesaid, (residing within the State,) between the ages of twentyone and twenty-four years, always excepted, who shall be entitled to vote, although they have not paid any pew money or for sittings in said church within the time aforesaid: Provided, That he The pastor or they shall hold a pew or sitting in said church at the holding of or pastors to any election: And provided also, That the pastor or pastors for have the the time being, shall be entitled to vote equally with any members of the said church or congregation. But no person shall be No person to eligible to the office of trustee, who is not in full communion with be eligible to the Evangelical Lutheran Church, agreeably to the tenets, rites trustee, who and ceremonies thereof, and who is not otherwise qualified as aforeis not in full said, at the time of his election, nor shall any person be elected communion, a trustee unless he hath arrived at the age of thirty years at least; Pastor not and the pastor or pastors of the said church or congregation, for the eligible to time being, shall not be eligible to the office of trustee: Provided the office of always, That until a church or house of worship shall have been Trustee. built, for the use of the said congregation, and until the provisions Trustees to herein contained, relative to the rights and privileges of the memprovide for bers of said congregation, according to the terms and conditions the elective thereof, can or may go into full and complete operation, the rights, &c. of trustees are hereby authorized and directed to provide for the the memelective rights and privileges of the members of said congregation on just and equitable principles. ing. the office of &c. bers. Secretary of the corpora ties. SECT. X. And be further enacted by the authority aforesaid, That the secretary of the corporation shail make out and furnish tion, his du- the inspectors of every election with a fair, true and correct list of all the members of the said congregation, in alphabetical order from the books of the congregation, stating the time each person's name was entered as a pew-holder, the pew-rent due from each and every member in arrears at the time of such election, which list shall be certified under the hand of said secretary to be a true and correct list taken from the books of the congregation. |