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in the said indentures referred to as aforesaid, and made part of this act of incorporation.

SAM'L. ANDERSON,

Speaker of the House of Representatives,

THO'S. RINGLAND,

Speaker of the Senate.

APPROVED-The eighth day of April, Anno Domini, eighteen hundred and thirty-three.

GEO. WOLF.

No. 136.

AN ACT

To incorporate the Second Presbyterian Church, in the borough of Carlisle, in the county of Cumberland, and Commonwealth of Pennsylvania.

SECT. 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 the members of the Second Presbyterian Church Members of in the borough of Carlisle, be and the same are hereby church incor- created and erected into one body politic and corporate, in porated. Corporate style.

liabilities.

deed and in law, by the name, style and title, of "The Second Presbyterian Church in the borough of Carlisle and county of Cumberland," and by the same name shall have perpetual succession, and be able to sue and be sued, implead and be impleaded, and shall be able and capable to take and hold lands and tenements, goods and chattels, real, personal Privileges & and mixed, which are now or may hereafter become the property of said congregation or body corporate, by gift, grant, devise, bequest or otherwise, and the same to convey, lay out, apply or dispose of, in such manner as a majority of the trustees of the said congregation shall direct and appoint, and according to the true intent of donors, grantors, and devisors, and the yearly value or income of the real, personal or mixed estate of said congregation, shall not at any time exceed the sum of three thousand dollars, exclusive of annual stated contribution.

Annual in. come limited.

SECT. 2. And be it further enacted by the authority aforesaid, That the affairs of said congregation shall be managed and superintended by fifteen trustees, to be chosen and elected from the members of said congregation, that the said trustees shall choose by ballot, from among their numbers, a president and secretary, and shall also choose a treasurer who is a member of the congregation, and who shall, if

who shall

trustees ap

Trustees to

required by the trustees, give security for the faithful per- Corporation formance of the trust reposed in him, and to account to affairs to be them for all sums of money received by him; and in case managed by of the removal of the president, or of any of the trustees, 15 trustees or of any other officer of the board of trustees, by death, resignation, neglecting to attend the meetings of said board choose pres't. secretary twice in succession, without good cause or otherwise, the & treasurer. vacancy or vacancies shall be supplied by said board until Vacancies the next annual election, which shall be held on the first how filled. Saturday of the month of May in each year; that eight trustees shall constitute a quorum, but a less number shall have power to adjourn from time to time, and the following persons shall be trustees until others shall be elected in the manner hereinafter prescribed, viz: Peter B. Smith, John Provisional Proctor, John Huston, C. B. Penrose, G. Metzgar, Esq. pointed. James Hamilton, Esq. Alexander Gregg, Robert Irwine, John Hewait, John Williamson, Esq. George A. Lyon, Esq. Robert Giffin, Andrew Holmes, Abraham Lamberton, John Hays, to continue in office until the first Saturday in May, eighteen hundred and thirty-three, on which day the members of said congregation qualified as hereinafter mentioned, shall elect fifteen persons to serve as trustees, five of whom be elected by shall continue to serve until the first Saturday in May, classes. eighteen hundred and thirty-four, five until the first Saturday in May, eighteen hundred and thirty-five, and five until the first Saturday in May, eighteen hundred and thirty-six, and their places shall be respectively supplied by the annual elec. tion of five members, so that no trustee shall serve more than three years in succession, unless he shall be re-elected. SECT. 3. And be it further enacted by the authority aforesaid, That all elections to be held in pursuance of this act, Manner of shall be by ballot, and shall be conducted by three members conducting of the congregation, who shall be appointed inspectors, at elections. the same place where the trustees are to be elected as aforesaid by the electors there assembled, in such manner as may be agreed on by said electors; and the inspectors so chosen and appointed, may appoint one or more clerk or clerks, to perform such duties as the nature of the case may require; that no person shall be entitled to vote at said elections, nor Who shall shall any one be elected a trustee who is not a stated wor- not vote. shipper in said congregation, and whose name has not been entered in the books of the congregation at least one year immediately preceding any of said elections, as a contributor to said church, in a sum not less than one dollar and fifty cents, and who shall be in arrears for such, or any part thereof, for the space of thirty days: Provided, That all such Proviso. persons as are stated worshippers and contributors to said Who may church, at the date of this act, shall be entitled to vote, or vote, &c. shall be eligible as a trustee at all elections prior to the first Saturday in May, eighteen hundred and thirty-four, if they

shall have paid said contributions at or before said elections, but that the pastor of said congregation and ruling elders. shall not hold any other office, and said pastor shall be disqualified from the right of voting; the ayes and nays shall be taken at any meeting of the board of trustees, or of the congregation, when the same shall be demanded by two members who are qualified voters, or qualified to serve as trustees; and such election so held as aforesaid, shall be closed, and the number of votes for each person shall be ascertained, when the inspectors of said election, or a majority of them, shall thereupon make out, under their respective hands, a return thereof, with the names of the persons elected, and Notice to per- shall deliver said return to the secretary of the corporation, sons elected who shall, within three days thereafter, give notice in writing. to each of the persons elect, of their respective elections.

to office.

Of the seal

trustees.

Proviso. Notice of elections.

SECT. 4. And be it further enacted by the authority aforesaid, That the said trustees and their successors shall bave and general and use a common seal, and the same to alter and renew at powers of the pleasure, 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 and place of holding the annual election of trustees as the same may be found convenient, should the congregation neglect to elect trustees on the day of the annual election, to appoint any subsequent time on which said election shall be held: Provided, public notice shall be given from the pulpit on Lord's day immediately before or after divine service, and in such other manner as a majority of the trustees may direct, at least one week previous to the time of holding such election, or a written notice to be left at the residence of each trustee two days at least before said election: And 2d proviso. provided also, That said by-laws and ordinances shall not be Of the appro- inconsistent with the constitution and laws of this state or of val, record, the United States, and that the same be approved by a majority of the members of the congregation (qualified as aforesaid to vote) convened at any special meeting called by the trustees for that purpose on notice given as aforesaid, and the by-laws and ordinances of the said corporation shall be fully entered and registered by the secretary of the corporation in a book to be provided for the purpose, signed by the president and attested by the secretary, which book and other records of the corporation shall be open to the inspection of any member of the corporation.

&c. of the by-laws.

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APPROVED-The eighth day of April, Anno Domini, eigh

teen hundred and thirty-three.

GEO. WOLF.

No. 137.

AN ACT

To provide for the erection of an additional court within the county of
Allegheny, and for other purposes.

SEOT. 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 there shall be a court of record established in Court estao' and for the county of Allegheny, by the name and style of lished. The District Court for the county of Allegheny," which Style. shall consist of a president, who shall have power to try, Power and hear and determine all civil pleas and actions, real, personal jurisdiction. and mixed, and for the trial of all such pleas and actions shall have and exercise the same powers, authorities and jurisdictions as are now vested by law in the court of Com- Proviso. mon Pleas for the county of Allegheny. Provided, That the None where said court shall have no jurisdiction, either originally or on sums in conappeal, except when the sum in controversy shall exceed one troversy are hundred dollars.

less than $100

SECT. 2. And be it further enacted by the authority aforesaid, That the Governor shall be and he is hereby required, Governor to as soon as conveniently may be, to appoint a president of the appoint a said District Court, who shall receive a yearly compensation judge. of sixteen hundred dollars, which shall be payable quarterly Salary $1600.

out of the state treasury.

ror from Su

SECT. 3. And be it further enacted by the authority afore. said, That in all cases the final judgment of the said District Writs of ercourt may be examined and affirmed or reversed on a writ of error from the Supreme Court, in a similar manner and sub- preme court. ject to the same limitations and provisions under which writs of error are now issued from the Supreme court to the court of Common Pleas of the county of Allegheny.

SECT. 4. And be it further enacted by the authority afore

courts when

said, That the said District court shall hold four terms in the Stated courts course of each year, to begin on the fourth Mondays of Janua- to be held ry, April, July and November respectively, and shall have quarterly. full power and is hereby enjoined, to held adjourned courts whenever the state of the business shall require it, and also Adjourned to make such regulations of practice as may most facilitate necessary. the progress of justice: Provided, That the determination of Proviso. no cause or action before the said court shall be delayed be. Suits not to yond the fourth term, including that to which the said action be delayed beyond the was instituted, if the parties be prepared for trial at the fourth term. times appointed by the said court, and if the judge of the Wilful delay said court shall wilfully delay any cause, suit or action in a misdemean.

or,

readiness for trial as aforesaid, it shall constitute a misde meanor in office.

SECT. 5. And be it further enacted by the authority aforeCourt to be said, That the said court shall be opened for the purpose of opened for is-issuing mesne process on the first Monday of May next, sue of mesne which shall be for that purpose a teste day of all process relative to the first term, on or before which day the president of the said court shall be appointed.

process on

1st Monday of May.

Pleas to act as such for

this court.

SECT. 6. And be it further enacted by the authority aforeProthonotary said, That the prothonotary for the time being of the court of of Common Common Pleas for the county of Allegheny shall perform all the duties of prothonotary of the said District Court, and the sheriff' and coroner for the time being of the county of Sheriff and Allegheny shall obey all lawful orders of the said District Court, and all costs, taxes and fees now established by law in the courts of Common Pleas shall be charged and payable in similar instances in the District Court: Provided, That the said prothonotary shall be subject to all the provisions and penalties of an act entitled "An act taxing certain officers," passed the tenth day of March, one thousand eight hundred

coroner of Allegheny. Proviso

and ten.

SECT. 7. And be it further enacted by the authority aforeOf the select said, That the names of the jurors to serve at the said court ion of jurors, shall be drawn from the wheels provided for jurors, agreea

bly to the directions of an act and its supplement entitled "An act directing the mode of selecting and returning jurors," passed the twenty-ninth day of March, one thousand eight hundred and five, and the sheriff and commissioners of the county of Allegheny shall forthwith, after the passing of this act, put into the said wheel the names of a competent number of jurors to serve at said District Court for the remainder of the present year, and shall annually afterwards at the time appointed by law for putting into the said wheel the names of the jurors for the said county, add a competent number to serve at the said District Court, agreeably to the provisions of the law in such case made and provided.

SECT. 8. And be it further enacted by the authority afore Judge author said, That the president of the said court shall have full power, and he is hereby authorized, to take the probate and acknowledg. acknowledgment of all and every deed or deeds as fully and

ized to take

ment of deede, &c.

Sheriff's deeds.

effectually as a judge of the Supreme Court or any president of the court of Common Pleas way or can do, which deed or deeds so proved or acknowledged shall be as effectual to all intents and purposes as if the same had been proved or acknowledged before a judge of the Supreme Court or any president of the court of Common Pleas, and it shall be lawful for the sheriff to acknowledge all deeds executed by him upon the sale of real estate, under process issued out of the said District Court in the said District Court, in the same

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