No. 175.

AN ACT

To incorporate the Reformed Evangelical congregation of Shaefferstown, Lebanon

county.

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 the German Reformed congregation of Shaefferstown, in the township of Heidelberg, in the county of Lebanon, and state of Pennsylvania, is hereby erected in deed and in law, into a body politic and corporate, by the name, style and title, of the "Reformed Evangelical Church;" and Name. by the same name, shall have perpetual succession, and be able to sue and be sued in all courts of law and elsewhere; and shall be able and capable in law and equity, to take and hold lands and tenements, goods Powers, &c. and chattels of whatsoever kind, nature or quality, real, personal or mixed, which are now, or shall hereafter become the property of the said corporation by gift, grant, bargain, sale, conveyance, assurance, will, devise, bequest or otherwise, from any person or persons whomsoever capable of making the same, and the same to grant, bargain, sell

or dispose of: Provided, The yearly value or income of said real estate, Proviso. shall not at any time, exceed three thousand dollars.

SECTION 2. That the affairs of the said corporation shall be managed Officers, trustees, and superintended by four trustees. four elders, and four church wardens, &c. with and by the consent of a majority of the members present, of the said congregation; that the trustees, elders and church wardens. for the time being, shall consist of the following named persons, until other persons shall be duly elected in their place, to wit: Peter Wolfersberger, Henry Miller, Michael Mace and Benjamin Mace, trustees; Michael Moyer, John Heterick, Jacob Borkey and Peter Sheetz, elders; David Miller, Jacob Gockley, Samuel Miller and John Becker, church wardens.

SECTION 3. That the two first named trustees, elders and church Classification. wardens, shall continue in their respective offices until the Whitsuntide Monday, in the year one thousand eight hundred and forty-six, and no longer; and the remaining two of the said trustees, elders and church wardens, shall continue in office until the same day, in the year one thousand eight hundred and forty-seven, and no longer.

SECTION 4. That on the Whitsuntide Monday, in the year one thou- Annual election. sand eight hundred and forty-six, and on the same day yearly thereafter, the members of said congregation shall, at a general meeting for that purpose, elect by ballot seven persons from the said congregation-two to serve as trustees, two to serve as elders, two to serve as church wardens, and one to serve as treasurer-all of whom shall continue in office for the period of two years, except the treasurer, who shall be elected annually on the same day; and in case any vacancy by death or Vacancy. otherwise, shall happen in the office of trustee, elder, church warden or treasurer, the remaining trustees, elders and church wardens, may elect another one to supply such vacancy, until the annual election of said congregation, at which time the members of the same shall supply such

va cancy.

SECTION 5. That George F. Miller, for the time being, shall be treasurer until the first election of trustees, elders, church wardens and treasurer, by members of said congregation, at which time another shall be elected, or the same re-elected from time to time, who shall, if required, give sufficient security for the trust reposed in him; and the said treasurer shall, at the ensuing annual meeting of the congregation for the election of officers, after he shall have been elected, lay before the said congregation, a full statement of all the moneys received and paid out for the use of the said congregation, during the year that he so acted as treasurer.

SECTION 6. That the trustees, elders and church wardens, shall, annually on the last Saturday in July, hold a meeting, at which time they shall appoint from among their number, a president and secretary, who shall perform the duties of the said offices for the ensuing year, and shall preside at all meetings, and hold all elections which may take place in said congregation; and in case of neglect or refusal so to do, any two members present at such meeting or election, may be appointed to perform that duty.

SECTION 7. That no person shall be deemed a member of said congregation, so as to be entitled to vote at any election, unless he is of good moral conduct or reputation, and shall have first been admitted as a member of the German Reformed church, through the rite of confirmation, and shall have been a member of the said congregation for at least one year immediately preceding the election at which he so offers to vote, and shall have paid not less than twenty-five cents towards the church or pastor, during the year preceding as aforesaid; nor shall any other than a male member, be eligible to any office in the said congregation, or to a vote at any election.

SECTION 8. That the said trustees, elders and church wardens, and their successors, shall have full power to make and to use one common seal, with such device and descriptions as they shall think proper, and the same at pleasure to alter and to enact, and enforce such by-laws and ordinances as they shall think proper, for the regulation and transaction of business of the said congregation, and to alter the same at pleasure: Provided, That said by-laws and ordinances shall not be inconsistent with the constitution and laws of this state or of the United States: And provided further, That before such by-laws and ordinances shall be enforced, they shall receive the sanction of a majority of the members present at a meeting of the congregation called for that purpose, of which, at least four weeks' notice shall be given from the pulpit of said congregation.

SECTION 9. That the trustees, elders and church wardens, shall give notice, through the pastor from the pulpit of said congregation, of any and every election or meeting that may be held in the said congregation, either for pastor, officers, or any other purposes, at least four weeks before such election or meeting shall be held.

SECTION 10. That any person who is a member, or hereafter becomes a member of the said congregation, who shall afterwards connect himself, or become a member of any other religious denomination, shall be excluded from voting at any and every election that may be held by said congregation, although he may have paid towards the church or pastor of said congregation as aforesaid.

SECTION 11. That a majority of the members of said congregation, may at any time request the trustees, elders and church wardens, to call an election for pastor of said congregation, who must be a person of reformed and evangelical principles, and of a christian and moral conduct, by giving four weeks' notice of such election from the pulpit.

SECTION 12. That it shall require an application of two-thirds of the Amendment to members of said congregation, to alter or amend this constitution.

APPROVED-The twenty-eighth day of March, one thousand eight hundred and forty-five.

FRS. R. SHUNK.

constitution.

No. 176.

AN ACT

To authorize Frederick Nase, Jesse B. Nase and Charles Nase, and others, to change their surnames.

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 Frederick Nase, Jesse B. Nase and Charles Nase, of the county of Names of Fred'k, Lehigh, be and they are hereby authorized to change their surnames Jesse and Chas. respectively from Nase to Nehs; and they shall henceforth be called Nase, changed. and known by the names of Frederick Nehs, Jesse B. Nehs and Charles Nehs, and by those names they shall severally be able and capable in law to sue and be sued, to grant and receive property, and to do all other legal acts as effectually, to all intents and purposes, as they could have done severally under their former names, if no change had been made therein.

SECTION 2. That William Robinson, of the city of Philadelphia, Name of Wil(gunsmith,) is hereby authorized to change has name to William Rob- liam Robinson ertson, (that being originally his name,) and by that name he shall be changed. able and capable in law to sue and be sued, grant and receive property, and do all other legal acts as effectually, to all intents and purposes, as he could have done by his former name, if no change had been made therein.

SECTION 3. That Lewis Gudkin, of Williamsport, Lycoming county, Name of Lewis the adopted son of Samuel Titus, of the same place, both of whom Gudkin changed. request this enactment, shall henceforth be called by the name of Lewis Gudkin Titus; and by this name shall be capable in law to sue and be sued, to receive and to grant any estate, in the same manner as if no change had been made therein; and shall further be deemed and taken in law to be the legitimate son of the said Samuel Titus; and shall be able to inherit and transmit any estate of the said Samuel Titus, with the same effect as if he were the child of the said Samuel Titus, born in lawful wedlock.

Name of Samuel

SECTION 4. That the name of Samuel Tash, of the city of PhilaTash changed. delphia, be and the same is hereby changed to Samuel Tash Powell; and he shall be able and capable in law to sue and be sued, grant and receive property, and do all other legal acts as effectually, to all intents and purposes, as he could have done by his former name, if no change had been made therein.

APPROVED-The twenty-eighth day of March, one thousand eight hundred and forty-five.

FRS. R. SHUNK.

Charter continued.

Liabilities and debts due.

No. 177.

AN ACT,

To extend the charter of the Commercial Bank of Pennsylvania.

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 the charter of the Commercial Bank of Pennsylvania shall be and the same is hereby continued and extended for the term of five years from the expiration of the present charter, subject to the provisions imposed by this act, and to all the provisions now imposed upon the said bank by existing laws of this commonwealth, and also subject to such further provisions as the legislature may hereafter think proper to enact for the regulation of banking institutions.

SECTION 2. The total liabilities of the said bank, exclusive of deposites, shall not at any time exceed double the amount of its capital stock paid in, nor shall the debts of every kind due, and to become due to the said bank, except debts due from the state of Pennsylvania, ever amount to more than three times its capital stock paid in; and the said bank shall not loan nor discount any, when its circulation shall be, for thirty consecutive days, equal to three times the amount of specie in its possession, belonging to said bank.

SECTION 3. In addition to the returns which the said bank is now reReturns to audi- quired by law to make, when notified so to do by the auditor general,

tor general.

it shall also return on the oath or affirmation of the cashier, a statement in tabular form showing, first, the whole amount of its liabilitics; second, the amount of debts due, or to become due to said bank, except as before excepted; and if upon the return so made, it shall appear that its liabilities or available debts due, or to become due to it, except as before excepted, shall have exceeded for thirty consecutive days, at any quarter of the last year, three times the amount of its capital stock paid in, or that its circulation was greater for thirty consecutive days than three times the amount of specie in its possession, it shall be the duty

of the auditor general forthwith, to give notice thereof to the governor, who shall issue a proclamation, which shall be published in one newspaper in Harrisburg, and one paper in the vicinity of the said bank declaring its charter forfeited; and the said bank shall go into liquidation, under the provisions of the act of the twelfth of March, one thousand eight hundred and forty-two, entitled "An Act to provide for the resumption of specie payments by the banks of this commonwealth, and for other purposes.

SECTION 4. The stockholders of the Commercial Bank of Pennsyl- Individual liabilvania, shall be jointly liable to the creditors of said bank, in their indi- ity of stockvidual capacity, for the amount of notes issued, in an amount not exceed- holders. ing the par value of the stock owned and possessed by them respectively; and the manner of enforcing such liability shall be as follows: In case the said bank shall violate the provisions of any law applicable to it, or becomes insolvent, or in failing circumstances, by reason of the mismanagement of its affairs, and is compelled to make an assignment under the provisions of the second section of the act passed the twelfth day of March, A. D. eighteen hundred and forty-two, entitled "An Act to provide for the resumption of specie payments by the banks," the assignees so appointed shall proceed to make a fair and equitable appraisement of the assets of the said bank, of every description, at their cash value, and also to make a list of all the debts due by the said bank; and if it shall appear that the assets are insufficient to redeem the notes in circulation, the stockholders of the said bank shall be liable to make up such deficiency, in proportion to the respective amount of stock held by each at the time such assignment is made: Provided, That their joint lia- Proviso. bility shall in no case exceed the amount of the par value of their stock.

SECTION 5. It shall be the duty of the assignees aforesaid to cause a Duty of assignees scire facias, in the name of the commonwealth of Pennsylvania, to be Sci. fa. issued by the prothonotary of the court of common pleas of Philadelphia county, against all the stockholders of the said bank, reciting the amount of such deficiency, and requiring them to appear at the next court of common pleas in said county, to show cause why execution should not issue against them for such amount; and such scire facias shall also set forth the proportions due from each of the said stockholders, and it shall be the duty of the sheriff of said county, to serve the writ upon all stockholders named in said writ residing within his bailiwick; and it shall be lawful for the next court of common pleas, or a judge in vacation, to make such order, in reference to giving notice to stockholders, non-residents in the county, and named in such writ, as the case may require: Provided, That the scire facias shall not abate Proviso. by reason of the non-joinder of any stockholder; and in case it shall appear that one or more persons in said writ named, are not liable under the provisions of this act, it shall not vitiate the proceeding against the others.

SECTION 6. On the return day of said writ of scire facias it shall Duty of court. be the duty of said court to render judgment against the stockholders Judgment. named in said process, for the amounts for which they are respectively liable, if no sufficient cause shall be shown to the contrary, and to award writs of execution as in other cases.

SECTION 7. Every individual who owned stock in his or her own Liability in eases name, or in the name of any other person or persons, at the time of of assignment. such assignment, shall be deemed liable for his or her proportions, under the provisions of this act; but it shall be lawful for any stockholder of the said bank, either before or after process shall have been issued, to pay his or her proportional share of liability to the assignees, and receive a