Trustees. Proviso. Proviso. Proviso. Who entitled to vote. Church council. Pastor, how selected. Proviso. Discharge of SECTION 4. That the following named persons shall be trustees until others are or shall be elected, as is hereinafter provided, to wit: Jacob Christ, Henry Sotzen, trustees, and George Shartel, treasurer, to continue in office until the last Saturday in May, Anno Domini, one thousand eight hundred and fifty-two, on which day the male members of the said congregations qualified to vote by virtue of the fifth section of this act, shall elect jointly five persons, members of the said congregations, to serve as trustees to continue in office for the term of two 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 shall have paid or contributed towards the discharge of the annual expenses of the congregation within two years: And provided further, If the congregations neglect on the day of holding their elections, as hereinafter provided, the corporation shall not be dissolved, but said trustees shall continue in office until others are elected in their stead, of which election at least two weeks' notice shall be given by announcing the same from the pulpit, or in any public manner a majority of the said trustees may direct. SECTION 5. That any male member of the said congregation, who shall be a member of good standing in the said corporation, and professing the tenets and doctrines of the said Lutheran or German Reformed church, and shall have paid contribution towards the discharge of the yearly expenses of the said congregation within two years, and no other, shall be entitled to vote at the election for church officers. SECTION 6. That the church council shall consist of four elders and four deacons, who shall be elected at an election held by the corporation every two years, always on the last Saturday of May: Provided, That in case of vacancy or 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. SECTION 7. That the pastor for the congregations of Saint Peter's church, provided he stands in full communion as a minister in the Lutheran or German Reformed church, shall be selected by church council or a majority of them, shall be elected by ballot by a majority [of them, shall be elected by ballot by a majority] of such persons as are qualified to vote by the fifth article hereinbefore mentioned, as may be present at a meeting to be held for that purpose, after two weeks notice given from the pulpit, or in such public manner as the congregations may deem proper: And be it further provided, That in case no minister can be procured that stands in communion either in the Lutheran or German Reformed synod, then and in that case it shall be agreed that any minister that may be sent either of the synods, with a regular license, a man of good moral character, shall have the privilege to preach in said Saint Peter's church, but referring it to the qualified voters of the fifth section herein before mentioned, by giving two weeks' notice of said meeting, from the pulpit or in some other manner, to decide by ballot to refuse or accept. SECTION 8. That the pastor of the congregations may be discharged from his office, by a majority of such persons as are qualified to vote by the fifth section herein before mentioned, 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 twenty persons so qualified 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 fifth section as aforesaid. SECTION 9. That the said trustees and their successors, or a ma- By-laws. jority of them, shall have full powers to enact and enforce such by-laws and ordinances as they may think proper for their own government, and for the regulation and transaction of the secular business of the corporation, and shall have power also to change the time of holding the general election, if the same should be desirable: Provided fur- Proviso. ther, That the same must be left to the voters qualified to vote by the fifth section as aforesaid, by giving two weeks' notice from the pulpit, or in some other public manner of the time and place of said meeting, to accept or reject such by-laws or amendments: And be it further pro- Proviso. vided, That the same by-laws and ordinances, 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 Lutheran or German Reformed churches in the United States of North America, nor to the formula for the government and discipline of the Lutheran or German Reformed churches, nor to the Constitution and laws of the United States and of this Commonwealth. Repeal. SECTION 10. That the seventh section of the act of the General Assembly, passed the twenty-sixth day of April, in the year of our Lord, one thousand eight hundred and fifty, entitled "An Act for defraying the expenses of the investigation in the case of the Freeport aqueduct; relative to the construction of a lock or schute on the French creek feeder dam; to the payment of interest on the bonds and certificates of the Erie canal company; to glass manufactories; to fines collected in Lawrence and Schuylkill counties; to the fees of prothonotaries; to taxes in Schuylkill county; authorizing the Canal Commissioners to enquire into the claim of James P. Laughlin, for damages; relative to the draft of the village of Klecknerville, in Crawford county; and to a survey and map of the village of Tioga, in Tioga county," be, and the same is hereby repealed: Provided, That the repeal of said section shall not Proviso. affect any appeals from the assessment of property which have been heretofore entered, and are now pending under the provisions of said act, which shall be hereafter proceeded in as if this repealing act had not been passed. SECTION 11. That the justices of the peace elected for the North West ward of the borough of Pottsville, previous to the late division thereof by the erection of Middle ward, shall continue to serve as justices of the peace for said North West ward for the period for which they have been respectively commissioned, notwithstanding such justices of the peace shall continue to reside in said Middle ward. SECTION 12. That the qualified electors of the Middle ward of the Pottsville, elecborough of Pottsville, in the county of Schuylkill, are hereby authorized tion of officers. at the time for holding the election for borough officers in said borough, to elect one person as constable for said ward, to serve for one year, and to elect two justices of the peace for said ward, to serve for five years; and that at the next borough election as aforesaid, John M. Barnes shall serve as judge, and John Clayton, and Charles W. Pitman shall serve as inspectors of the election to be held in said Middle ward. WHEREAS, The citizens of Schuylkill Haven, Schuylkill county, have Preamble. heretofore elected school directors on the third Friday of February, in each year: And whereas, Said school directors have borrowed money for the purpose of erecting a school house in said borough, for the payment of which they have issued bonds: Official acts of tors in Schuyl- Schuylkill county, made valid. Expiration of terms of ser vice of school directors. Union school kill co., erected. And whereas, Doubts have arisen as to the legality of the official acts of said directors, which of right should be removed; therefore, SECTION 13. That all the official acts of the present and former boards of school directors of the borough of Schuylkill Haven, Schuylkill county, be, and the same are hereby made valid, to all intents and purposes, as though said directors had been legally elected on the second Tuesday of June, in each year, as is directed by law. SECTION 14. That the terms of office as school directors of John N. Wagonseller, and S. R. Dickson, shall expire on the second Tuesday of June, eighteen hundred and fifty-two, John Worst, and Lewis Royer, on second Tuesday of June, eighteen hundred and fifty-three, and that of Charles Huntzinger, and Daniel H. Stager, on the second Tuesday of June, eighteen hundred and fifty-four. SECTION 15. That all that part of Wayne and Pinegrove townships, district, Schuyl- in the county of Schuylkill, lying within the following bounds, viz: beginning at the house of Albarnus Reiland, and Charles Maurer's mill, in Wayne township, including the same; thence south to Jonathan Tobias', excluding the same; thence to Joseph Eickert, William Emnich, Joseph Moyer, Henry Fehr, Peter Berger, Isaac Jamason, and Samuel Eckler, including all named; thence west along the Little Swatara creek, to the house of Henry Eakel, in Pinegrove township, including the same; thence north to the house of Henry Barr, Conrad Reichert, Peter Kremer; thence across the new dam to Daniel Zerbe, Junior, all to be included; thence to the house of Samuel Swartz, in Wayne township, including the same; thence east to the house of John Batdorf, and Albanus Reiland, to the place of beginning, shall hereafter form a new school district, and be known by the name of the "Union District;" which said district shall be subject to all the rights and privileges, and be subject to all the restrictions contained in the school laws of this Commonwealth; that Peter Kremer, Paul Lengel, and Conrad Reichart, be, and they are hereby appointed school directors until the next annual election, which said election shall be held at Maurer's mill, in said township, and be conducted by the aforesaid directors according to the provisions of the election laws of this Commonwealth. Property of certain family burial ground associations ex SECTION 16. That the property now owned for the purpose of interment by the Mutual family burial ground association, the Union burial ground association, the Macphelah burial ground society, and the Phiempt from taxa- lanthropic burial ground society, the Palmer burial ground, in the dis trict of Kensington, county of Philadelphia, and the La Fayette cemetery society, be, and the same are hereby exempted from taxation excepting for State purposes. tion. JOHN S. RHEY, APPROVED-The twenty-seventh day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. No. 286. AN ACT To incorporate the Loderville Academy, in Susquehanna county. SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by authority of the same, That there shall be, and is hereby established in Loderville, in the county of Susquehanna, an academy for the education of youth in the learned languages, useful arts and sciences, and general literature, by the name, Style. style, and title of "The Loderville Academy." tion. SECTION 2. That the said institution shall be under the management, Trustees to direction, and government of a number of trustees, not exceeding six, manage the af and until others shall be elected as hereinafter provided, the trustees of fairs of institu the said academy shall consist of the following persons, to wit: Lowery Green, James Griffin, Henry McKinney, Nathan Waller, David Thomas, Corporation. George Stephens, and their successors, to be elected as hereinafter provided, shall forever be, and they are hereby created, established and declared to be one body, politic and corporate, with perpetual succession in deed and in law, by the name, style, and title of "The Loderville Style. Academy," and by the same name shall be able to sue and be sued, plead and be impleaded, in all courts of record and elsewhere, and shall be competent and capable, in law and equity, to take and to hold, to them and their successors, for the use of said academy, any estate in lands, tenements, and hereditaments, goods, chattels, stock, moneys, or other effects of what kind, nature or quality soever, by gift, grant, bargain, sale, conveyance, assurance, will, devise, or bequest, from any person or persons whomsoever capable of making the same: Provided, Proviso. The same do not exceed the yearly value of three thousand dollars, and the same from time to time to grant, bargain, sell, demise, alien, lease, place out at interest, or otherwise dispose of, for the use and benefit of said academy, and to receive the rents, profits, income, and interest thereof, and to apply the same to the proper use of the said academy, and to erect such buildings as may be necessary, and generally to do all and singular acts, deeds, matters, and things which shall be lawful for them to do for the well being of the said academy and the due management thereof. SECTION 3. That the said trustees shall cause to be made for their Seal. use one common seal, with such devices and inscriptions thereon as they shall think proper, and by and with which all deeds, certificates, and acts of said corporation shall pass and be authenticated, and the same seal at their pleasure may break, alter, and devise anew. SECTION 4. That the first election of trustees shall take place on the Election of first Monday in January, one thousand eight hundred and fifty-three, at trustees. the house now occupied by Dennis Johuson, in Loderville, and on the same day annually thereafter, at such place as may be appointed by the board of trustees; the election shall commence at the hour of one o'clock in the afternoon, and shall continue until five o'clock, and shall be conducted by two managers, to be chosen by a majority of the stockholders present at the time of commencing said election, and the stockholders shall be Ratio of votes. allowed to vote in person or by proxy, and in the ratio of one vote for Quorum. Proviso. Proviso. Capital stock. Treasurer, duties of. each share of stock held by him, her, or them, or standing in his, her, or their names in the books of the corporation, the votes shall be given by ballot, and each ticket shall be labelled on the outside "trustees of the Loderville academy," and shall contain the names of six persons, stockholders in said corporation, and those having the highest number of votes shall be the trustees of said academy for the ensuing year, and shall continue in office until their successors are elected; if two or more persons should have an equal number of votes, the managers shall forthwith decide by lot which of said persons are elected. SECTION 5. That the board of trustees, four of whom shall constitute a quorum, shall annually, at their first meeting after the election, ap point a president and secretary of their own number, and elect a treasurer, who shall be a stockholder, and in case of the death, resignation or refusal to serve of any trustee or other officer, the trustees in office shall have power to appoint others in their stead, until their next election, and they shall also have power to enact such ordinances and by. laws as may be necessary for the well being and government of said corporation: Provided, That no by-law or ordinance shall have any force and effect which shall be repugnant to the Constitution and laws of the United States or of this State, nor shall any person, either as principal, master, tutor, or pupil, be refused admission into said acad emy on account of his or her belief or persuasion in matters of religion: Provided, He demean himself in a sober, orderly manner, and conform to the rules and regulations of the academy. SECTION 6. That the capital stock of said corporation shall be three thousand dollars, divided into shares of ten dollars each, certificate of which shall be issued to such person or persons who have heretofore subscribed or may hereafter subscribe, and pay money for the purpose of building an academy in said village, or to the heirs and legal representative of such person or persons for every share which he, she or they may have or shall subscribe for and hold in said corporation, which shall be transferable on the books of the corporation, either in person or by attorney, subject to the payment of any balance due thereon, and the capital stock of said corporation may be increased to ten thousand dollars by a vote of the majority of the stockholders at any annual election. SECTION 7. That the treasurer shall receive and hold all moneys belonging to the corporation, and pay out the same to the order of the board, signed by the president and secretary, or a majority of the trus tees, and he shall keep fair accounts thereof, which shall be audited and settled by the trustees, in the same manner as the accounts of the treasurer of common school districts are now by law audited and settled, and subject in like manner to appeal, and before entering upon the du ties of his office shall give a bond with one or more sufficient sureties, to be approved by the board of trustees, in a sum equal to double the estimated amount of money to be received by him, conditioned for the faithful discharge of the duties of his office, and the payment of all moneys remaining in his hands at the end of the year to his successor in office, and the secretary and treasurer may receive such compensation as may be thought reasonable by the board of trustees, but no other officer shall receive any fee or reward whatever for his services, and it shall be the duty of the trustees to report annually at the expiration of their term of office, the condition of the finances and other affairs of said corporation, which report together with the books of the corporation shall be open at all proper times to the examination and inspection of all persons interested, who are at such times stockholders in said corporation. |