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government pay out said notes, but they shall cause them to be delivered to the State Treasurer, who shall receive them for debts due the Commonwealth, or redeem them in par funds, and shall cause them to be cancelled and destroyed, in the manner provided in the foregoing sections of this act.

SECTION 103. That so much of any act or acts as is hereby altered Repealing or supplied, be and the same is hereby repealed.

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APPROVED-The nineteenth day of April, A. D. one thousand eight hundred and fifty-three.

WM. BIGLER.

clause.

No. 346.

AN ACT

To incorporate the Warrior Run Presbyterian Church and Congregation, in
Delaware township, Northumberland county; authorizing the borough of
Milion to sub-cribe to the capital stock of the Catawissa, Williamsport and
Erie Railroad company; and the borough of West Chester to subscribe to
the West Chester and Philadelphia Railroad company.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly mel, and it is hereby enacted by the authority of the same, That the members of the Warrior Run Presbyterian Church and Congrega- Warrior Run tion, in Delaware township, Northumberland county, Pennsylvania, Presbyterian citizens of Pennsylvania, be and they are hereby created into one body church & conpolitic and corporate, in deed and in law, by the name, style and title gregation incor. porated. of "The Warrior Run Presbyterian Church," and by the same name have perpetual succession, and be able to sue and be sued, to plead and Privileges. be impleaded, in all courts of law or elsewhere, and shali be able and capable, in law and equity, to take and to hold, to them and their successors, for the use of said church, all lands, tenements, goods and chattels, of whatsoever kind, nature or quality, real, personal or mixed, which now are or shall hereafter become the property of the said church or congregation, by gift, grant, bargain, sale, conveyance, devise, bequest, or otherwise, from any person whomsoever capable of making the same, and the same to grant, bargain, sell, mortgage or dispose of, for the use of said church and congregation: Provided, That the Proviso yearly value or income of the said estate shall not at any time exceed three thousand dollars, exclusive of annual stated contributions.

SECTION 2. That no misnomer of said corporation or their successors, Misnomer not shall defeat or annul any gift, grant, devise or bequest, to or from the to annul. said corporation: Provided, The intent of the party or parties shall Provise.

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Trustees.

Proviso.

Officers.

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.

SECTION 3. That the business of the said congregation shall be conducted by a board of trustees, not less than three nor exceeding six in number, all to be chosen annually, from the male members of the congregation of not less than six months' standing, nor under twenty-one years of age, two-thirds of whom shall be chosen from communicants in the church in good and regular standing, and until others shall be elected the present trustees of the congregation, William B. Irwin, Aaron Gaston, and David Wilson, shall be trustees of the incorporation until the last Monday of March, Anno Domini one thousand eight hur dred and fifty-four, on which day the said congregation hold its annual meetings, and on said day shall elect three persons to serve as trustees, one of whom shall serve three years, one of them two years, and one of them one year, and on the same day annually thereafter elect one person as trustee, to continue in office for three years: Provided, That in case of vacancy by death or otherwise, the session of the church shall have power to fill such vacancy until the next election, and any pew holder or part pew-holder, paying annually his or her pew rent, shall be entitled to vote for trustees.

SECTION 4. That the said trustees and their successors shall choose by ballot from among their number a president and secretary, and shall also choose a treasurer, who shall be a member of the congregation, and who shall, if required by the trustees, give security for the faithful per formance of the trust reposed in him, and shall have his accounts annually audited and settled by the trustees, and account to them for all sums of money received by him or remaining in his hands at any time, and in case of the removal of the president, secretary or treasurer, by Vacancies how death, resignation, or otherwise, the vacancy or vacancies in said offices shall be supplied by the remaining trustee or trustees, until the next annual election.

supplied.

Seal.

By-laws.

Proviso.

Proviso.

Proviso

Powers and privileges.

SECTION 5. That the said trustees and their successors shall have full power to make and use one common seal, and the same to alter and renew at pleasure, and to enact and enforce such by-laws and ordinances as may be proper and necessary for the regulation and transaction of the business of the corporation, to change the time of holding the annual meeting for electing trustees from time to time, as they may find convenient, and also to increase the number of trustees to any number not exceeding six, and in case of such increase, the elections shall be held at such times and shall be conducted in such manner as may be prescribed by the by-laws, and if the congregation neglect to elect at the annual meeting the said trustees, or any one of them, to appoint any subsequent time on which said election shall be held: Provided, That previous notice be given of said meeting from the pulpit or clerk's desk, or in any other way that a majority of the trustees shall direct, at least ten days before such meeting, and that on failure to elect as aforesaid, on any day appointed, the corporation shall not be dissolved thereby, but the election shall be held as hereinbefore provided: And provided also, That the said by-laws and ordinances shall not be inconsistent with the laws of this State or of the United States: And provided further, That the said corporation shall not dis pose of, alien, sell, or in any way encumber the real estate belonging to said church and congregation, unless with the consent of the session of the church.

SECTION 6. That no enumeration of powers, privileges and duties herein contained, shall be so construed as to exclude others not ena

merated, which are necessary to the proper fulfilment of the design and purpose of this corporation, and not inconsistent with the express provisions and limitations thereof, or of the Constitution and laws of this Commonwealth or of the United States.

stock.

SECTION 7. That the common council of the borough of Milton, in Borough of Milthe county of Northumberland, be and they are hereby authorized and ton authorized empowered to subscribe for shares to the capital stock of the Cata- to subscribe to wissa, Williamsport and Erie railroad company, not exceeding twentyfive thousand dollars, and to borrow money to pay therefor, and to make provision for the payment of the principal and interest of the money so borrowed, by the assessment and collection of such tax as may be necessary for that purpose, and the certificates of loan to be issued by said borough for the purpose aforesaid, may be received by the said Catawissa, Williamsport and Erie Railroad company in payment of installments on shares subscribed by said corporation, on such terms as shall be agreed upon between said company and said borough: Pro- Proviso. vided, That no bond shall be issued for a less amount than one hun- Proviso. dred dollars: And provided further, That the bonds aforesaid shall be taken by said Catawissa, Williamsport and Erie Railroad company at their par value, and an amount of stock delivered to the said council equal to the amount of the bonds received, and that the said company pay the interest on the said bonds as it accrues, until the full and entire completion of said road: And provided also, That the said road Proviso. terminate or pass through the said borough, or that its terminus be fixed by law within the limits of said borough: And provided, That Proviso. the said subscription shall not be made until the votable inhabitants of said borough shall first approve of said subscription by a majority of their votes, at an election which shall be called and held for said purpose by the burgesses, and which shall be conducted according to such rules as the said burgesses shall establish.

SECTION 8. That the chief burgess of the borough of West Chester Borough of is hereby authorized to subscribe in behalf and in the corporate name West Chester to of said borough, four hundred shares to the capital stock of the West subscribe stock. Chester and Philadelphia Railroad company; and further, that the said burgess and the assistant burgesses, in council assembled, are hereby authorized and empowered, for the purpose of carrying into full effect the objects of this act, to borrow any sum or sums of money not exceeding twenty thousand dollars, in the name and upon the faith, credit and responsibility of the said borough, and from time to time as may be necessary, to pay the interest thereon, and to redeem the principal, at such time and in such manner as may be conformable to the terms upon which the same shall have been taken: Provided, That no bonds Proviso. shall be issued by said borough of West Chester of a less denomination than one hundred dollars: And provided, That the said subscrip- Proviso. tion shall not be made until the votable inhabitants of said borough shall first approve of said subscription, by a majority of their votes, at an election to be called and held for said purpose by the burgesses; at least two weeks' public notice to be given, and to be conducted according to such rules as the said burgesses shall establish.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,

Speaker of the Senate.

APPROVED-The twentieth day of April, Anno Domini one thou

sand eight hundred and fifty-three."

WM. BIGLER.

Part of certain ses repealed.

tended.

No. 347.

AN ACT

Repealing a portion of an act incorporating the Allentown Railroad company; relative to the Mancy Creek Plank Road company; to meorporate the Masonic Hall Association of the district of Richmoud, in the county of Phila delphia; to Executions issued in the city and county of Philadelphia; and ap pointing Commissioners to review part of a State road laid out from Pennsbury, Chester county, to a point on the State road leading from West Chester to Philadelphia.

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 That so much of the second section of an act entitled "An Act to incorporate the Allentown Railroad company," approved April, eighteen hundred fifty-three, as authorizes any incorporate city or borough to subscribe to the stock thereof, be and the same is hereby repealed.

Provisions of SECTION 2. That the provisions of the ninth section of the act of eertain act ex- Assembly approved the eighth day of April, A. D., one thou sand eight hundred and fifty-one, entitled "An Act fixing the rate of tolls to be charged by the Larry's Creek Plank Road company," be and the same is hereby extended to the Muncy Creek Plank Road

Corporators.

Masonic Hall
Association,
Richmond.

Privileges.

Proviso.

Object.

company.

SECTION 3. That Stephen Taylor, Marcius S. Bulkley, Henry Mather, Andrew Hague, Edward C. Graeff, Edward L Spain, Andrew C. Nauclain, Abraham Langebartel, John Pace, Hugh M. Boyd, John Beenken, Thomas Farrell, Robert S. Davis, Oliver Evans, Charles Dixey, Richard H. Slatter, Henry Christian, George Krick, Thomas H. Riley, Frederick A. Phipps, Craig Cauffinan, William B. Bernard, and their successors, and all persons who now are or may hereafter be associated with them, be and they are hereby created and erected into a body politic and corporate, in deed and in law, by the name, style and title of "The Masonic Hall Association of the district of Rich mond, in the county of Philadelphia," and by that name shall have perpetual succession, and be able to sue and be sued, plead and be im pleaded, in any court of law or equity, and elsewhere, and shall be able and capable in law and equity to take and hold, to them and their successors, either by grant, gift, devise, lease, or otherwise, any lands or real estate, for the purpose of erecting thereon a suitable building or buildings for the use of the said association, and also to take and hold, for the use of the said association, any goods and chattles, sum or sums of money, by gift, grant, bargain, sale, will, devise, bequest, or otherwise, from any person or persons whatsoever capable of making the same, and the same at their pleasure to grant, bargain and sell, for the use of the said association, and generally to do all and singular the matters and things which shall be lawful for them to do for the wellbeing and due management of the affairs of the said association: Provided, That the real estate of the said association shall not exceed the net yearly income of five thousand dollars.

SECTION 4. That the object of said corporation shall be to provide, erect, and furnish a hall or suitable building or buildings in the said

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district, for the accommodation of Masonic and other beneficial associations, established or to be established there, as well as suitable for public and business purposes generally.

SECTION 5. That it shall and may be lawful for the said corporation Seal. to have a common seal, and the same at will and pleasure to change, alter and renew, as they shall think proper, and shall have and exercise all the rights, privileges and immunities necessary for the purposes of the corporation hereby constituted, and as herein expressed.

SECTION 6. That the capital stock of the said association shall be Capital stook. ten thousand dollars, to be subscribed for in shares of ten dollars each, to be paid in installments, of such amounts and at such times as the stockholders by a vote of the majority at their first meeting may direct and appoint, and the parties herein named are hereby empowered and authorized to open books and receive subscriptions for stock in the said association, and when three hundred shares shall have been subscribed, to call a meeting of the stockholders, for the purpose of adopt. Organization. ing such laws and regulations as may be expedient and necessary for the well-being and government of the association, notice of the time and place of holding said first meeting to be given by advertisement, at least twice a week for two successive weeks, in two daily newspapers to be published in the city or county of Philadelphia.

SECTION 7. That the government of the said Masonic Hall Associa- Trustees. tion, and the management and disposition of its affairs and property, shall be vested in a board of trustees, who shall be elected at such time and in such manner as the said association shall by its by-laws provide, and at the first meeting of the trustees after their election in each year, they shall elect a president, secretary and treasurer.

SECTION 8. That the trustees shall have power and authority to By-laws. make by laws, conformable to this charter and not in violation of the laws of the United States or of this Commonwealth.

real estate.

SECTION 9. That all executions issued in the city and county of Executions in Philadelphia, levied upon real estate acquired subsequently to a judgment Philadelphia, on against the owner thereof, may on application of the execution creditor, be certified by the officer making such levy to the office of the court from which such execution issued; it shall be then docketed on the judgment index, and thenceforth bind such real estate for five years, like any other judgment, aud unless such levy be so certified and indexed, it shall be no lien on such real estate.

SECTION 10. That Charles Downing, John T. Worthington, and Commissioners Menshell Painter, be and the same are hereby appointed commissioners to review a to review that part of a State laid out from Pennsbury, in Chester state road. county, to a point in the State road leading from West Chester to Philadelphia, beginning at Cheney's shops, and embracing that portion of the road lying between the said Cheney's shops and the street road; it shall be the duty of said commissioners or a majority of them, first taking an oath or affirmation before some justice of the peace to perform the duties enjoined on them by this act with impartiality and fidelity, to proceed as soon after the passage of this act as convenient, to review that part of said road beginning and ending as aforesaid, and alter and change the same as they shall deem expedient, and also to vacate any part or parts of said road that shall or may be supplied or rendered useless by the aforesaid alteration, and the said road shall thenceforth become a public highway, under all the regulations and provisions of the act authorizing the laying out of the said road: Provided, The ver- Proviso. tical departure from a horizontal line shall not exceed five degrees,

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