No. 70. AN ACT Authorizing the governor to appoint a sealer of weights and measures, in and for the county of Wayne. 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 it shall be the duty of the governor of this commonwealth, to appoint a sealer of weights and measures, in and for the county of Wayne, to hold his office for three years. SECTION 2. It shall be the duty of said sealer of weights and measures, to take charge of the standard of measure of length, of capacity, and of weight, furnished to said county, agreeable to act of assembly, and shall by them regulate and adjust all the weights and measures of said county, on application to him for that purpose; which shall be stamped with a suitable seal, and his name, or the initials thereof; and for which service he shall be entitled to receive the same fees as are provided to be paid to the sealer of weights and measures in the city and county of Philadelphia, for similar services. JAMES ROSS SNOWDEN, WILLIAM BIGLER, Speaker of the Senate. APPROVED-The fourteenth day of March, one thousand eight hun Duties. dred and forty-four. DAVID R. PORTER. No. 71. AN ACT Authorizing the sale of certain real estate belonging to the minor children of John 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 Thomas M. O'Brien, of the borough of Reading, and county of Berks, uncle, and late guardian of the persons and estates of Jane Weitzel, Henry Weitzel, Elizabeth Weitzel, and Francis Weitzel, minor children of John H. Weitzel, late of the said borough, deceased, be and he is hereby authorized to sell at public sale, after having given suffi cient public notice of the same, the one undivided fourth part of a cer- APPROVED-The fourteenth day of March, one thousand eight hundred and forty-four. No. 72. DAVID R. PORTER. Preamble. Corporators. AN ACT To incorporate the Evangelical Lutheran congregation of the borough of Lebanon and its vicinity. WHEREAS, Divers members of the Evangelical Lutheran congregation, of the borough of Lebanon and its vicinity, have prayed for an act of incorporation for the better management of their affairs; therefore, 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 Jacob B. Weidman, George W. Klein, John Weidman, Edward A. Uhler, Anthony S. Ely, Henry Derr, Andrew Reinoehl, Levi Uhler, William Ritscher, George Waltz, Henry Zimmerman, John Seagrist. John G. Snaveley, Abraham Shenk, Jacob Swartz, Jonas Mohr, John Lowry, David Fox, John Reinoehl, Abraham Hostetter, Michael Lauser, Joseph Zimmerman, junior, Andrew Fasnacht, Charles Fox, Levi Schools, Henry S. Zimmerman, Henry Rohland, William Derr, Leonard Zimmerman, George Derr, John Fox, senior, Orth Light, George Smith, junior, Cyrus Zimmerman, Henry Karmony, Cyrus Doebler. John Ditz, John Artz, William Smith, Henry Lowry, George Brooks, Henry Emrick, Charles Brotherline, John Stains, Edward L. Shulze, George Shott, G. S., Frederick Embrich, Frederick Beckley, Joseph Dailey, Jonathan Walter, Cornwall, Joseph Weaver, William Coleman. John P. Sanderson, Christian Henry, Jonathan Ruthrauff, Christian Snaveley, John Uhler, Cyrus K. Snaveley, Levi Kline, John Fees, Jacob Readel, Henry Hixenheiser, John Heim, Joseph Zimmerman, Israel Karch, Henry Rise, Peter Zimmerman, Emanuel Bentz, Jacob Mohr, SECTION 2. That the said corporation, by the same name and style, Powers and prishall have perpetual succession, and be able to sue and be sued, plead vileges. and be impleaded, in all courts of law and elsewhere; and shall be able and capable in law and in equity, to take, purchase, hold and receive, to them and their successors, in trust for and to the use of the said congregation, lands, tenements, goods and chattels, of whatsoever kind, nature or quality, real, personal or mixed, which is now or shall or may at any time hereafter become the property of the said congregation, or be held for the use of the said congregation, by gift, grant, bargain, sale, conveyance, devise, bequest or otherwise, from any person or persons whomsoever, capable of making the same; and the same to grant, bargain, sell, mortgage, improve or dispose of for the use of the said congregation, if necessary, to erect or enlarge any building or buildings, for the purpose of worship, residence of the pastor or other purpose, consistent with the advancement of religion, as may be directed by a majority of such persons as are qualified to vote by the fourth section of this act, that may be present at a meeting to be held for that purpose; of which said meeting, at least two weeks notice shall be given from the pulpit, or in any other public manner the trustees, or a majority of them, shall direct; and generally adopt all such measures, and do all and singular, such matters and things as may be lawful to be done for the well being and due management of the said church and congregation: Provided, That the yearly value or income of the said Proviso. estates shall not at any time exceed three thousand dollars. Officers. SECTION 3. The business of the said corporation shall be conducted Trustees. by nine trustees, of whom five shall be a quorum, who shall choose Quorum. from among their number a president and secretary, and appoint a treasurer, who shall receive and account for all moneys coming into his hands belonging to the corporation; shall give ample security, on his accepting the office, and shall have his accounts annually settled by the trustees, to be laid before and approved of by the congregation, at their annual election of trustees; and may appoint such other officers as the said trustees, or a majority of them, may from time to time deem necessary, for the better government of the secular affairs of the said congregation. SECTION 4. The following named persons shall be trustees until others First trustees. are or shall be elected as is hereinafter provided, viz: Joseph Zimmerman, Jacob B. Weidman, George W. Kline, John George, Jacob Readel, Jacob Stoever, Leonard Zimmerman, Henry Derr and Peter Shott, to continue in office until the last Saturday in December, Anno Domini, eighteen hundred and forty-four, on which day the male members of the said congregation, qualified to vote by the fourth section of this act, shall elect nine persons to serve as trustees, three of whom shall serve Election & classi- three years, three two years, and three one year, the term of service to fication of trus- be designated by the electors on their ballots, and their places respec tees. Proviso. tively shall be supplied at the annual election to be held for that purpose on that day in every year thereafter, by the election of three persons to serve for three years : Provided, That in case of vacancy by death or otherwise, the remaining trustees shall appoint a person or persons to supply the same until the next election: And provided, further, That no person shall be eligible as a trustee unless he is a citizen of this commonwealth, and has participated in the Lord's supper, Qualification of according to the formula for the government and discipline of the Evantrustees. gelical Lutheran church, within one year, unless prevented by sickness or absence, or is an original member of this corporation, or a male child of such original member of full age, the ancestor being deceased, and professing the tenets and doctrines of the Evangelical Lutheran church, and shall have paid his contribution toward the discharge of the annual expenses of the congregation, according to his ability within one year: And provided, further, If the congregation neglect on the day of the annual election to hold their election as is herein directed, the said corporation shall not be dissolved; but a majority of the trustees remaining in office may appoint any subsequent time not exceeding one month, at which the election may be held to supply vacancies, of which time and place at least two weeks notice to the congregation shall be given by announcement from the pulpit, or in any other public manner a majority of the remaining trustees may direct. Proviso. Membership. Council. cons. SECTION 5. Any male member of the said congregation who shall have participated in the Lord's supper, according to the formula for the government and discipline of the Evangelical Lutheran church within two years, unless prevented by sickness or absence, or who shall be an original member of the corporation, or the male child of such original member of full age, the ancestor being deceased, and professing the tenets and doctrines of the Evangelical Lutheran church, and shall have paid contribution toward the discharge of the yearly expenses of the congregation, according to his ability, within one year, and no others shall be entitled to vote at the elections of the said congregation, of all which elections, at least two weeks notice shall be given, by announcement from the pulpit, or in any other public manner a majority of the trustees may direct. SECTION 6. The church council shall consist of the pastor, for the time being, six elders and six deacons, who shall be elected at the annual election to be held by the corporation on the last Saturday in DecemElders and dea- ber, in every year; three elders and three deacons to serve for two years, and three elders and three deacons to serve for one year, the term of service to be designated by the electors on their ballots, and their places respectively shall be supplied by the election of the requisite number of elders and deacons, at the annual election happening at the time of the expiration of their respective terms of service to serve for two years: Provided, That in case of vacancy by death or otherwise, the remaining members of the church council, or a majority of them, shall appoint a person or persons to supply the same until the next election. Classification. elected. SECTION 7. The pastor of the congregation shall be invited by the Pastor invited and church council or a majority of them, and being approved of by them, or a majority of them, shall be elected by ballot by a majority of such persons as are qualified to vote by the fourth section of this act, that may be present at a meeting to be held for that purpose, after two weeks notice given as directed in the fourth section of this act. SECTION 8. The pastor of the congregation may be discharged from Discharged. his office by a majority of such persons as are qualified to vote by the fourth section of this act, who may be present at a meeting to be held for that purpose, and to be called by the church council upon the written request, stating the object and design to be for that purpose, of thirty persons qualified to vote as aforesaid, at which meeting the vote shall be taken by ballot by the president and secretary of the board of trustees, and two weeks notice of the time and place of said meeting shall be given as directed in the fourth section of this act. SECTION 9. That the pews which may be put up in the church about Pews. to be erected by the said congregation, shall be annually drawn for by such of the male and female members of the congregation, and all persons qualified to vote by the fourth section of this act, as may desire to do so on the day of the annual election for trustees, by placing a sufficient number of tickets, each having the number of a pew inscribed thereon, in a box or other convenient receptacle, from whence they shall be drawn by the said members and voters, and the full and entire property of the pew numbered with the number which shall be drawn by a member, shall be in him or her until the next annual drawing: Provided, That the trustees may at any time propose a plan for disposing of the pews in a different manner, which shall have the same force and effect as if herein enacted, if approved of by two-thirds of such persons as are qualified to vote by the fourth section of this act, who may be present at an election, by ballot, to be held for that purpose, of which election two weeks notice shall be given, as provided in the fourth section of this act. SECTION 10. The said corporation and its successors shall have power Rules. at all times to adopt, alter, amend, and enforce such rules for the discipline of its members as shall be sanctioned by two-thirds of the members thereof, at an election to be held by ballot, of which election two weeks notice shall be given, according to the provisions of the fourth section of this act; but such rules for the discipline of its members shall not in any manner interfere with, alter, or affect the rights of any one qualified to vote by the fourth section of this act, nor of any one qualified to be elected a trustee by the third section of this act, nor contain any thing repugnant to the provisions of this charter, the constitution and laws of the United States, or of this commonwealth: Provided, That nothing in this act contained shall be so construed as to prevent the said corporation or its successors from expelling any member there- Expulsion. of, according to its rules for the discipline of the members thereof, and by such expulsion depriving him or her of all rights and privileges hereby granted. SECTION 11. The said trustees, and their successors, or a majority By-laws. of them, shall have full power to enact and enforce such by-laws and ordinances as they shall think proper, for their own government, and for the regulation and transaction of the secular business of the said corporation; and to make, use, and have a common seal, and the same Seal. to break, alter and renew at their pleasure; and shall have power, also, to change the time of holding the general election, if the same should be deemed advisable: Provided, That the same by-laws and ordi- Proviso. nances, and all the acts of the said trustees, framed, enacted and promulgated, shall not be contrary to this charter, nor to the constitution of the general synod of the Evangelical Lutheran church in the United States of North America; nor to the formula for the government and |