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seminaries of learning. Fourth, The said trustees shall cause to be made for their use one common seal, with such devices and inscriptions thereon as they shall think proper, under and by which all deeds, diplomas, certificates and acts of the said corporation shall pass and be authenticated and the same seal, at their pleasure, may break and devise a new one. Fifth, That the said trustees of the said academy, or seven of them at least, shall meet at the borough of York, on the first Monday in May next, for the purpose of concerting and agreeing to such business as in consequence of this act shall be proper to be laid before them at the commencement of the institution, and shall have power to adjourn from time to time, as they shall see cause, for the purpose of perfecting the same. Sixth, That there shall be a meeting of the said trustees held once in every year at least, at the borough of York, at such times as the said trustees, or a quorum thereof, shall appoint, of which notice shall be given after the first meeting, either by public advertisement in two of the nearest public newspapers three weeks before the time, or by notice in writing, signed by the clerk or other officer of the trustees, for that purpose to be appointed, and sent to each trustee, at least ten days before the time of such intended meeting; and if, at such meeting, seven of the trustees shall not be present, those of them who shall be present shall have power to adjourn the meeting to any other day, as fully and effectually, to all intents and purposes, as if the whole number of trustees, for the time being, were present, but if seven or more of the said trustees shall meet at the said appointed times, or at any other time of adjournment, then such seven or more of the said trustees shall be a board or quorum, and a majority of them shall be capable of doing and transacting all the business and concerns of the said academy, not otherwise provided for by this act, and particularly of making and enacting ordinances for the government of the said academy, of electing trustees to supply any vacancies that may happen, by death, resignation or otherwise, of electing and appointing the principal and masters of the said academy, of agreeing with them for their salaries and stipends, ascertaining their several duties and powers, and

removing them for misconduct or breach of the laws of the institution, of appointing committees of their own body to carry into execution all and every the resolutions of the board, of appointing a treasurer, secretary, stewards, managers and other necessary and customary officers for the taking care of the estate and managing the concerns of the corporation, and, generally, a majority of the board, or quorum of the said trustees, consisting of seven persons at the least, at any annual or adjourned meeting, after notice given as aforesaid, shall determine all the matters and things (although the same be not herein particularly mentioned) which shall occasionally arise, and be incidentally necessary to be determined and transacted by the said trustees. Provided always, That no ordinances shall be of force, which shall be repugnant to the laws of this state. Seventh, Persons of every religious denomination shall be capable of being elected trustees, nor shall any person, either as principal, master or pupil, be refused admittance for his conscientious persuasion in matters of religion, provided he shall demean himself in a sober, orderly manner, and conform to the rules and regulations of the academy. No misnomer of the said corporation shall defeat or annul any gift, grant, devise, or bequest, to or from the said corporation, Provided the intent of the parties shall sufficiently appear upon the face of the gift, grant, will, or other writing, whereby any estate or interest was intended to pass to or from the said corporation, nor shall any disuser or non-user of the rights, liberties, privileges, jurisdictions and authorities, hereby granted to the said corporation, or any of them, create or cause a forfeiture thereof.

[Section IV.] (Section IV, P. L.) And be it further enacted by the authority aforesaid, That the constitution of the said academy, herein and hereby declared and established, shall be and remain inviolable forever, and the same shall not be altered by any ordinance or law of the said trustees, nor in any other manner than by an act of the legislature of this state.

1Chapter 987.

2Chapter 1175.
3Chapter 1242.

[Section V.] (Section V, P. L.) And be it further enacted by the authority aforesaid, That the said trustees hereinbefore appointed, and their successors, and the principal and master, and every of them hereafter to be appointed, in such manner and form as herein is directed and required before he or they enter upon the duties of their trust or office, shall, before a justice of the peace or alderman of this state, take and subscribe the oaths or affirmations, prescribed by the constitution of this state to be taken by the officers of this state, and shall also take an oath or affirmation for the faithful discharge of their respective trust or office aforesaid.

[Section VI.] (Section VI, P. L.) And be it further enacted by the authority aforesaid, That the governor is hereby authorized and required to issue a warrant in favor of the trustees aforesaid, or their order, on the county treasurer, for the sum of two thousand dollars, payable out of the arrearages of taxes due from the said county to the commonwealth, for which sum the county of York shall be credited on the books of the comptroller-general, in the settlement of their accounts for arrearages of taxes, as an endowment to the said academy, and the said trustees shall vest and dispose of the said grant of money in such manner, as to them shall seem most beneficial to the said academy.

[Section VII.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That as soon as the two thousand dollars mentioned in the preceding section shall be paid to the trustees, there shall be admitted into the said academy any number of poor students, who may at any time be offered, in order to be taught gratis, Provided the number so admitted shall at no time be greater than seven, and that none of the said students shall continue longer than two years, if others should offer.

[Section VIII.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid, That so much of the act, entitled, "An act to incorporate the Protestant Episcopal church of St. John at Yorktown,"" passed the twentieth day of Septem

1 Passed September 20, 1787, Chapter 1312.
1Chapter 1312.

ber, one thousand seven hundred and eighty-seven, as prevents the rector, church wardens and vestrymen, and their successors, from alienating the school-house and lot of ground on which the same is erected, as is therein mentioned, be and the same is hereby repealed.

Passed March 1, 1799. Recorded L. B. No. 6, p. 343.

CHAPTER MMXXII.

AN ACT TO CONTINUE IN FORCE, FOR A LIMITED TIME, PART OF AN ACT, ENTITLED, "A FURTHER SUPPLEMENT ΤΟ THE ACT, ENTITLED, ́AN ACT TO ENJOIN CERTAIN DUTIES ON THE SECRETARY OF THE COMMONWEALTH, AND FOR OTHER PURPOSES'

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[Section I.] (Section I, P. L.) 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 so much of the act, entitled, "A further supplement to the act, entitled, 'An act to enjoin certain duties on the secretary of the commonwealth and for other purposes," passed on the fourth day of April, one thousand seven hundred and ninety-six, as provides for and directs an increase of the salary of the deputy-secretary, be, and the same is hereby, continued for three years from and after the passing of this act, and from thence to the end of the session of the general-assembly.

Passed March 1, 1799. Recorded L. B. No. 6, p. 353.

CHAPTER MMXXIII.

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A SUPPLEMENT TO THE ACT, ENTITLED, AN ACT TO EXTEND THE POWERS OF THE JUSTICES OF THE PEACE OF THIS STATE.

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[Section I.] (Section I, P. L.) 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 from and after the passing of this act the powers of the justices of the peace of the several counties in this state, and of the aldermen and aldermen's court in the city of Philadelphia, shall be, and the same are hereby, extended to actions or suits brought for the recovery of damages for any trespass, wrong or injury, done or committed against the real or personal estate of the plaintiff, in all such cases where the said damages shall not exceed the sum of twenty dollars; and it shall be the duty of the justice, aldermen or aldermen's court, before whom any such action or suit is brought, upon the request of either the plaintiff or defendant, to appoint three reputable citizens, to be chosen by the parties, or if the parties cannot agree in such choice, then to be nominated by the said justice, alderman or aldermen's court, and to administer an oath or affirmation to the persons so chosen or appointed, justly and truly to assess the damage (if any) which the plaintiff has sustained, and after the said referees shall by view, or otherwise, have inquired into the truth of the case, and made report thereof in writing to the said justice, alderman or aldermen's court, judgment shall be entered thereupon, and execution issue, as in other cases. Provided neverthless, That if the damages so found by the referees shall not amount to more than one dollar, the plaintiff or plaintiffs shall not recover more costs than damages. And provided also, That if the defendant shall, before the appointment of referees, make oath or affirmation that the title to lands will come in question in any such suit or action, then, and in such case, it shall be the duty of the said justice, alderman or aldermen's court to dismiss the same, in order that such question may be tried according to the course of the common law.

[Section II.] (Section II, P. L.) And be it further enacted by the authority aforesaid, That the powers of the said justices aldermen or aldermen's court shall be extended to all cases of rent not exceeding the sum of fifty-three dollars and onethird, and the said justice, alderman or aldermen's court, before whom any suit is commenced for the recovery of rent, shall have authority to admit a defalcation or set off of the just ac

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