cers. gregation, shall be taken and deemed to be moneys due and owing to the said corporation. SECTION 4. The business of the said corporation shall be conducted Trustees and offi- by six trustees, four of whom shall be a quorum, who shall choose 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 said corporation; and if required, 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 by the congregation, at their annual election for 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. Trustees appointed. Election. Proviso. Eligibility. Proviso. Qualification. By-laws, Seal. SECTION 5. The following named persons shall be trustees until others are or shall be elected, as is hereinafter provided, viz: John Murphy, Jacob Lukens, Henry Aughey, Samuel Davis, John Brant, and Emanuel Wise, to continue in office until the last Saturday in March, in the year of our Lord, one thousand eight hundred and forty-seven, on which day the male members of the congregation, qualified to vote by the sixth section of this act, shall elect six persons to serve as trustees, two of whom shall serve for three years, two for two years, and two for one year; the term of service to be designated by the electors on their ballots, and their places respectively shall be filled at the annual election, to be held for that purpose on that day in every year thereafter, by the election of two persons to serve for three years: Provided, That in case of a 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 a member of said congregation, in good standing, and shall have paid his contribution towards 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 trustees remaining in office may appoint any subsequent time, not exceeding one month, at which the election may be held to supply the 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. SECTION 6. Any male member of said congregation, who shall have participated in the Lord's supper, according to the formula for the gov ernment and discipline of the Evangelical Lutheran church, within two years, unless prevented by sickness or absence, and shall have paid contribution toward the discharge of the yearly expenses of the congregation, according to his ability, within one year, and no other, shall be entitled to vote at the elections of 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 7. The said trustees and their successors, or a majority 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 business of the said congregation; and to make, use and have a common seal, and the same to break, alter and renew at their pleasure; and shall have power also to change the time of holding the annual election, if the same should be deemed advisable : Provided, That the same by-laws and ordinances, and all the acts of Proviso. SECTION 8. No enumeration of powers, privileges and duties hereiu Extent of powers. contained, shall be so construed to exclude others not enumerated, which are necessary to the proper fulfilment of the design and purpose of this act, and not inconsistent with its express provision and limitations. FINDLEY PATTERSON, APPROVED-The seventh day of March, one thousand eight hundred and forty-six. FRS. R. SHUNK. No. 400. AN ACT Authorizing Ashbel B. Wilson, guardian of Henry S. Mendenhall and Francis A. Mendenhall, minor children of Mark C. Mendenhall, to sell and convey certain real estate. 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 Ashbel B. Wilson, of the borough of Berwick, in the county of Columbia, guardian of the persons and estates of Henry S. Mendenhall and Francis A. Mendenhall, minor children of Mark C. Mendenhall, late of Nescopeck township, Luzerne county, deceased, be and is hereby authorized to sell at public sale, after having given sufficient public notice of the same, the one undivided half part of a certain tract of land, with the appurtenances, containing about one hundred and eighty acres, on which is a grist mill, saw mill, and two dwelling houses, situate in Nescopeck township, aforesaid, bounded on the east by lands of Wharton, on the south by George Westlin and Stephen Hooffnagle, west by Joseph Kirkendall, and north by Jacob Buzzard, and heirs of Mifflin, and to place the proceeds of the sale at interest, or to make such other investments (under the directions of the orphans' court of Luzerne county) as he may deem most advantageous to the estate of said deceased: Provided, That before the said sale shall be confirmed and the deed given, the same shall be approved by the said orphans' court: And provided also, That before the same be approved, the said Ashbel B. Wilson shall give bond, with two sufficient sureties, to be approved by said court, conditioned for the faithful appropriation of the proceeds of sale, under the direction of said orphans' court. FINDLEY PATTERSON, DANIEL L. SHERWOOD, APPROVED-The ninth day of March, one thousand eight hundred and forty-six. No. 401. FRS. R. SHUNK. AN ACT To annul the marriage contract between Ahasuerus F. Close and Hannah M., wife. his 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 marriage contract entered into between Ahasuerus F. Close, of Bradford county, and Hannah M., his wife, be and the same is hereby annulled and made void, and the parties released and discharged from said contract, and from all duties and obligations arising therefrom, as fully and effectually, as if they had never been joined in marriage. FINDLEY PATTERSON, Speaker of the House of Representatives. DANIEL L. SHERWOOD, APPROVED-The twenty-eighth day of March, one thousand eight hundred and forty-six. Speaker of the Senate. FRS. R. SHUNK. No. 402. AN ACT To extend the charter of the Doylestown Bank of Bucks county. SECTION 1. Be it enacted by the Senate and House of Representatatives 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 Doylestown Bank of Bucks county, shall be and the Charter extended same is hereby extended and continued for the term of ten years from ten years. the expiration of the present charter, subject to the provisions imposed by this act, and to the provisions now imposed upon the said bank by the existing laws of this commonwealth, and to such further provisions as the legislature may hereafter enact, for the general regulation of banks within this commonwealth. SECTION 2. The stockholders of the said bank shall be individually Individual liabil liable for the debts and engagements thereof, except debts due to other ity. banks, in such sums as may be equal to the par value of the stock owned and held by them, respectively, therein: Provided, That the debts due Proviso. and to become due to the said bank, except debts due from the state of Pennsylvania, and balances due from other banks, shall never amount to more than three times its capital stock paid in. SECTION 3. It shall be the duty of the president and cashier of said Register of stockbank to prepare, or cause to be prepared, a register of the stockholders holders to be put thereof, setting forth the amount of stock at its par value, held by each up in bank. of them respectively, which register shall be made and dated as of the first Monday of every month, and shall be attested by the signatures of the president and cashier; and on such first Monday of every month such register shall be set up and exposed to public view, in some conspicuous and open part of the banking room, and shall so remain for six months thereafter, during the usual hours of banking business; and the persons named and described in such register shall, for the purpose of this act, be deemed to be the holders of the stock set opposite their names, until the succeeding register of stockholders shall be prepared, and exhibited in like manner, saving to them always the right to show that such register was incorrectly made: Provided however, That no Proviso. suit shall thereby abate as against the other defendants. SECTION 4. It shall be lawful for any creditor, or person having claim upon contract, express or implied against such bank, to join in Suits. his suit or action, whether at law or in equity, as co-defendants with the bank, all such persons as were stockholders, (as by the last exhibited register, in accordance with the provisions of section third of this act) in the same manner as if such stockholders had been personally parties to such contract; and in such suit or action to recover judgment, as well against such stockholders as the bank: Provided however, That in actions and proceedings founded on notes or bills, transferable by delivery on amounts due for moneys deposited, the day on which payment of such notes or bills, or moneys deposited, may have been demanded of the bank, and payment refused, shall be taken to be the time of the contract; and under the judgment so rendered execution shall be levied upon the estate and effects of the bank, if there be found such adequate Proviso. Proviso. Proviso. holders. to the satisfaction thereof, otherwise upon the estate and effects of the stockholders: Provided however, That any such suit or action shall be brought within six months after the time of contract, express or implied: And provided further, That in all cases within the jurisdiction of aldermen or justices of the peace, there shall be the same right to sue, in the same manner as is contemplated in this act, for suits in court; and subject to the same regulations in the proceedings as is herein provided, so far as the same are applicable to the jurisdiction and proceedings of aldermen and justices of the peace. SECTION 5. In any suit or action to be brought by force of this act, Defence of stock- it shall be lawful for any stockholder to make defence, and if it shall appear to the court that he hath been legally compelled to pay or contribute moneys on account of such bank, by reason of his liabilities under this act, in such case he shall be allowed to defalk or to set off the amount of such payment, and the judgment shall be rendered accordingly; and in case after judgment rendered against him, any stockholder shall be legally compelled to pay or contribute moneys on account of the bank, by reason of his liabilities under this act, he shall be entitled to such relief against executions levied thereafter, as to the court on application shall seem just and reasonable. Remedy of stockholders. Moneys may be paid into court. Service of process Return of process Proviso. dies. SECTION 6. Any stockholder who, by force of this act, hath been compelled to pay moneys on account of the bank, shall be entitled to claim contribution from all others jointly liable with him; and for that purpose he may, at the discretion of the court, have execution against his co defendants upon the original judgment. SECTION 7. It shall in all cases be lawful for a stockholder, who is made a defendant under any of the provisions of this act, to pay into court, or to the assignees or trustees who may be appointed, a sum equal to the amount of his liabilities under the second section hereof, of which payment he shall be entitled to have a certificate; and thereupon he shall stand discharged of all such his liabilities. SECTION 8. It shall be the duty of the sheriff, or officer to whom original process under this act shall be directed, to serve the same, by delivering a copy thereof to the president or cashier of the bank, if either of them can be found, and by causing a copy thereof to be published for at least one calendar month, in at least two newspapers nearest the banking house; and he shall specially return such his doings, and they shall be deemed to be full service of the process on the defendants named therein. SECTION 9. Writs of original process, under this act, may be made returnable on any day in term or vacation, and it shall be lawful for the plaintiff to sign judgment, on or after the tenth day following the return, notwithstanding an appearance, unless the defendants, or some of them, shall previously have filed a sufficient and legal affidavit of defence, stating therein the nature and character of the same: Provided however, That no such judgment shall be entered unless at the time of suing out of such process, the plaintiff shall have filed in the office of the prothonotary of the court a copy of the bill, note, instrument or writing, or other written evidence of his claim, if such there be; or in default of such written evidence, then a full and complete account of such his claim legally verified by affidavit. SECTION 10. If upon the sheriff's return to any writ of execution, Additional reme-issued under this act, it shall appear that any stockholder named in the register heretofore prescribed, hath not estate and effects adequate to satisfy his liabilities under such execution, it shall be lawful for any creditor to proceed, by bill of discovery or otherwise, to determine whether other persons than such registered stockholders were, in truth |