No. 375. AN ACT Relative to sheriffs' sales, and to the appointment of trustees in the county of Philadelphia, and to the appointment of trustees; incorporating the First Presbyterian church of Pottstown, Montgomery county, and changing the venue of a certain suit in Huntingdon 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 Courts of Philait shall and may be lawful for any court in the county of Philadelphia, delphia county, from which any execution or order of sale shall issue for the sale of authorized, on personal property, to inquire into the regularity and fairness of the sale application made, at the instance of any party interested by execution, foreign or domestic to inquire into attachment, or under a general assignment upon affidavit of circumthe regularity and fairness of stances before delivery of the goods; and if it appear that the sale shall sales of personal have been so irregular or fraudulent, as in the opinion of the court to property. have produced a sacrifice of the property to the prejudice of any such party, it shall be competent for the court to set aside such sale, and the same property may be again exposed to sale, as if no such previous sale had been made: Provided, That it shall be lawful for the court to direct an issue for the trial of questions of fact, whenever the circumstances of the case shall require it, and to order the sale in the meantime of all perishable or chargeable goods, the proceeds to be held to abide the result of the trial. the city and SECTION 2. Whenever, by the provisions of any last will and testament admitted to probate in the city and county of Philadelphia, a trust Orphans' court of has been or shall be declared of and concerning any real or personal county of Philaestate to be executed by the executor or executors of said last will, delphia, authorwhether by virtue of their office or otherwise, and any of the said ized to appoint a executors shall die, renounce, resign, be dismissed from, or refuse to trustee or trustees act in the said trust, leaving the other executor or executors continuing in place of executherein, it shall be lawful for the orphans' court of the city and county tors dying, reof Philadelphia, on the application of any party in interest, and with nouncing, resigning, &c. the consent of such continuing executor or executors, with notice to such of the other parties in interest as the said court may deem material, to appoint a trustee or trustees in the place of the executors so dying, renouncing, resigning, dismissed, or refusing to act; which said trustee or trustees shall have the same power and interest over and in the premises in trust, as the executor or executors in whose stead he or they shall be so appointed as aforesaid; and it shall also be lawful for the said court to appoint a successor or successors to such trustee or trustees, from time to time, whenever from death, resignation or otherwise, the same shall be necessary or expedient. SECTION 3. That a corporation is hereby created by the name, style and title of "The First Presbyterian church of the borough of Pottstown," and by the same name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded in all courts of law and elsewhere, and shall be able and capable in law and equity to take, hold Style. Privileges. Proviso. Officers. Trustees. and receive to them and their successors, for the use of said corporation, lands, tenements, goods and chattles 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 said corporation, or be held for their use by gifts, grants, bargains, sales, conveyances, devise, bequest or otherwise, from any person or persons whomsoever capable of making the same; and to grant, bargain, sell, mortgage, improve or dispose of the same for the use of the said corporation: Provided, That the yearly value or income of the said estate so held by said corporation, shall not at any time exceed the sum of two thousand five hundred dollars, and shall not be appropriated to any other than benevolent or religious uses. SECTION 4. The business of said corporation shall be conducted by three trustees and one secretary, which trustees may appoint a treasurer and such other officers. as they may from time to time deem necessary for the better government of the said corporation; and until others are or shall be elected as is hereinafter provided, the following named persons shall be trustees: J. Dutton Steel, Daniel H. Beecher, Jacob S. Yost, to continue in office until the last Saturday of December, Anno Domini, one thousand eight hundred and forty-nine, on which day the pewholders in said congregation shall elect three trustees and one secreAnnual elections. tary, and on the same day annually thereafter, elect three trustees and one secretary who shall serve one year and until others are elected; and if vacancies by death or otherwise shall happen in the office of trustees, the remaining trustee or trustees may appoint others to supply such vacancy or vacancies, until the next general meeting of the members of said congregation; and if the members of said congregation neglect, on the day of the annual meeting to hold their election as is hereinbefore directed, the said corporation shall not be dissolved, but a majority of the trustees may appoint any subsequent day on which the election may be held: Provided, That notice thereof be given in such manner as a majority of the trustees may think proper, at least ten days before said election; and any pewholder of said congregation, paying his annual pew rent, shall be entitled to vote for trustees and secretary. Proviso. Trustees, powers of. Proviso. Proviso. SECTION 5. The said trustees and their successors shall have full power to enact and enforce such by-laws and ordinances as they shall think proper for the regulation and transaction of the business of the said congregation, and shall have power also to change the time of holding the general election, if the same shall be deemed advisable, and also to increase the number of trustees to any number not exceeding seven: Provided, That the said by-laws and ordinances shall not be inconsistent with the constitution and laws of this state or of the United States: Provided further, That the said corporation shall not dispose of, alien, sell or in any way incumber the real estate belonging thereto, unless with the consent of a majority of the pewholders of the congregation entitled to vote as aforesaid, who shall meet and determine upon such sale, incumbrance or purchase as shall have been proposed. Certain action SECTION 6. That a certain action now pending in the court of compending in the mon pleas of Huntingdon county, wherein the said county of Huntingcourt of common don is plaintiff and James Burke, Henry Leamer, Daniel M'Connell pleas of Hunting- and James Conrad are defendants, be and the same is hereby transferred to the court of common pleas of the county of Cambria, to be there tried the court of com- in the same manner as it might have been if originally instituted in said mon pleas of last named court, and the record in said action shall be certified by the Cambria county. said court of Huntingdon county to the said court of Cambria county don county, transferred to for trial as aforesaid, and on final judgment such writs of execution may be issued as shall be necessary to carry the same into full effect. APPROVED-The tenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 376. AN ACT To exempt from taxation, (except for state and road purposes,) the house for the employment and support of the poor in the county of Schuylkill, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representa- Building, &c., tives of the Commonwealth of Pennsylvania in General Assembly of the house for met, and it is hereby enacted by the authority of the same, That the employment the buildings and grounds of the house for the employment and support of the poor in of the poor of Schuylkill county, and all personal property belonging Schuylkill counto the same, hereby is and shall be exempt from taxation, except for taxation. state and road purposes. ty, exempt from SECTION 2. That the sixth section of an act, entitled "An Act to Repeal of sixth establish a uniform line along the river Delaware, and for other pur- section of certain poses," approved the eleventh day of April, one thousand eight hun- act. dred and forty-eight, repealing the second section of the act of assembly, passed the twenty-fifth January, Anno Domini one thousand eight hundred and thirty-six, relating to fees of constables in Schuylkill county, for executing orders for the relief or removal of paupers, be and the same is hereby repealed. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The tenth day of April, one thousand eight hunderd and forty-nine. WM. F. JOHNSTON. of summons in No. 377. AN ACT Directing the manner of serving writs of summons in certain cases, in the county of Mercer. SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly Service of write met, and it is hereby enacted by the authority of the same, That hereafter the service of any writ of summons, in any action to be brought within the county of Mercer, upon any clerk, agent or manager of any individual, or of any company engaged in the manufacture of pig metal or iron, or in mining in said county, shall be deemed a good and legal service upon any such individual or company not residing in said county. Mercer county, on clerks, &c., to be good. Duty of clerk in such case. When judgment may be opened, &c. Party walls. SECTION 2. It shall be the duty of the clerk or agent served with a summons, pursuant to the first section of this act, to notify his principal within thirty days thereafter, and any failure so to do, shall subject the said agent or clerk, to the payment of three times the amount of damages which his said principal may have sustained by reason of such neglect. SECTION 3. Where any judgment shall be rendered against a party on process served under the provisions of this act, on the affidavit of the defendants, or any of them, that he or they never had notice that such suit was brought, and verily believes there is a just defence against said claim, it shall be the duty of the court, or justice of the peace rendering said judgment, to open the same, and let the party into a defence. SECTION 4. That in all conveyances of houses and buildings, the right to, and compensation for, the party wall built therewith, shall be taken to have passed to the purchaser, unless otherwise expressed; and the owner of the house for the time being, shall have all the remedies in respect to such party wall, as he might have in relation to the house to which this attached; and so much of any previous law as is inconsistent with the provisions of this section, is hereby repealed. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The tenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 378. AN ACT To authorize Eli D. Pierce, to sell certain real estate. WHEREAS, Enos Lewis, late of the county of Delaware, died seized And whereas, The said Enos Lewis left five children, to wit: Henry SECTION 1. Be it enacted by the Senate and House of Representaes of the Commonwealth of Pennsylvania in General Assembly et, and it is hereby enacted by the authority of the same, That li D. Pierce, guardian of said Hester, Mary, Lewis and Elizabeth Eli D. Pierce, ewis, minor children of said Enos Lewis, deceased, be and he is guardian of Hesereby authorized and empowered to sell, by public sale, and convey Elizabeth Lewis, ter, Mary and fee simple all the estate, right, title and interest of said minor chil- authorized to sell ren of, in and to the said mentioned real estate, and all their right, certain real estle and interest in any real estate situate in the said counties of Clin- tate. on and Lycoming; and that he, the said guardian, shall have full power nd authority to execute, and deliver to the purchaser or purchasers, a eed or deeds granting and conveying the share, right, title and interest f said minors, in fee simple, for the same: Provided, That before Proviso. ny sale shall be made, the said guardian shall give security to the satisaction of the orphans' court of said county of Delaware, for the faithul application of the proceeds of the sale of the share and interest of aid minors in said real estate. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The tenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. |