be first had and obtained; and also, that the moneys arising from the said disposition or sale shall be appropriated to the purchasing and procuring other more convenient messuages, houses, lands or tenements, as the aforesaid vestry may deem proper and expedient, and to no other purpose or purposes whatsoever.

erected into a

corporate and

SECTION 11. The reverend John Reynolds, rector, Thomas Wardens and Shay and Charles Burk, church wardens, and John Harmen, vestrymen Samuel Nash, Samuel P. Nash and William Acuff, vestry- separate body men, be and they are hereby erected into a separate body politic or corporate, by the name, style and title of the "Rec- politic. tor, church wardens and vestrymen of St. Thomas's church, in Style. Whitemarsh township, Montgomery county;" and by the same name shall have perpetual succession, and shall be able to sue Privileges & and be sued, to plead and be impleaded, in all courts of law and liabilities. elsewhere, and shall be able and capable, in law and equity, to take and hold to them and their successors, for the use of the said church, lands, tenements, goods and chattels, of whatsoever nature or quality, real or personal, which now are or shall hereafter become the property of the said corporation, or be held for their use by any manner of conveyance, devise, bequest, or otherwise: Provided, That the clear yearly value or income Proviso. of the estate, real, personal and mixed, of the said corporation of St. Thomas's church, exclusive of the moneys arising from the pews of the said church and opening any ground thereto belonging for burials, shall not exceed the sum of two thousand dollars.

SECTION 12. The said rector, church wardens and vestry- May use one men of St.Thomas's church, may have and use one common seal, common seal. with such device and inscription as they may think proper, and the same may change, alter, break and renew at their pleasure; and that they and their successors, or a majority of them met, from time to time, shall have power and authority to make rules, by-laws and ordinances, and to do every thing needful for the good government and support of the said church: Provided, Proviso. That the said rules, by-laws and ordinances be not repugnant to the constitution and laws of the Commonwealth of Pennsylvania or of the United States.

SECTION 13. That on Easter Monday in every year hereafter, Annually the members of the said St.Thomas's church shall elect six of their elect 6 number to be vestrymen of the said church, who shall have full vestrymen. power to choose their own officers, and to choose annually one Their powers. of their own number to be one church warden of the said church, and the rector for the time being shall choose another of the said vestrymen to be the other church warden of the said church: Provided, That on and after Easter Monday which Proviso. shall be in the year of our Lord one thousand eight hundred and thirty-five, no member of said church shall be entitled to vote at any election of vestrymen, but such as shall appear, by the vestry books or otherwise, to be contributors to the support

and maintenance of the said church, having and paying for a pew, or part of a pew in the said church sufficient for one person, and to be of full age, or who shall otherwise contribute a sum of money equal to the yearly rent of a seat in a pew sufficient for one person, and shall not at the time of voting be more than one year in arrears for the said pew or sitting: And 21 Proviso. provided, That in case of a vacancy happening in the office of rector of the said church, by death or otherwise, and until another rector shall be duly appointed, the church wardens for the time being, with the consent of the majority of the vestry, shall have the same power and authority to manage the affairs of the said church, as if there were a rector of the said church consenting thereto.

Annuities

SECTION 14. That from and after the passing of this act, all estates, lands, tenements, rents, annuities, legacies and bequests, and legacies, or any of them, heretofore given, granted or devised to the said &c. vested in St. Thomas's church, or to the corporation of the three united church. churches for the use of St. Thomas's church, shall be and remain to the corporation of St. Thomas's church, and their successors for ever, for the sole and exclusive use of the said church, and for such other uses and trusts as in the grant, devise or limitation to the said estates, real and personal, may be limited and declared; and the said corporation of St. Thomas's church, and their successors for ever, are hereby confirmed in the title, seizin, 'possession and enjoyment of the said lands, tenements, hereditaments, rents, annuities, legacies and bequests, with the appurtenances, for the sole and exclusive use of the said St. Thomas's church, and the other uses and trusts herein before in that behalf mentioned respectively, in the same full, free and ample manner, as if the same had been conveyed in due legal form to the said corporation of St. Thomas's church, and their successors for ever, by the said corporation of the united churches of Trinity church, All Saints church and St. Thomas's church.

May dispose

of messuages, &c. except houses of public wors❜p.

Praviso.

SECTION 15. The corporation of St. Thomas's church, and their successors, shall have power to grant, alien, or otherwise dispose of, any messuage or messuages, house or houses, lands, tenements or hereditaments, other than the houses of public worship or churches aforesaid and the burial grounds which they do now or may hereafter possess, as to them may seem meet and proper: Provided always, That in the disposition, sale or alienation of such messuage or messuages, house or houses, lands, tenements and hereditaments, the consent and concurrence of two-thirds of the vestry of St. Thomas's church shall be first had and obtained, and also that the moneys arising from the said disposition or sale shall be appropriated to the purchasing and procuring other more convenient messuages, houses, lands or tenements, as the aforesaid vestry may deem proper and expedient, and to no other purpose or purposes

wha' soever.

officers shall

SECTION 16. That if any one of the days or times appoint- Neglect to ed for the election of vestrymen, or church wardens, of either elect, former of the corporations created by this act, no such election shall continue in take place; in every such case the vestrymen, or church war-office until dens, for the time being, shall continue in office until the Eas- others are ter Monday next following, and until others shall be duly chosen. chosen. SECTION 17. The church records of the present united churches of Trinity church, All Saints church, and St. Thom- records of as's church, shall at all times be, and remain in the possession present unit'd of the corporation of Trinity church, which shall have the same churches to power to certify copies thereof, with the like effect as the same remain in can now be certified by the corporation of the said united church- possession of es; and free access to the same, for the purpose of examining Trinity ch. and making extracts and copies, shall always be permitted to

the corporations of All Saints church and St. Thomas's church, or their authorized agents.

Church

until altered.

SECTION 18. The rules, by-laws, and ordinances of the pre- Present bysent corporation of "the minister, wardens and vestrymen of laws to the Episcopal churches of Trinity church, in Oxford township, continue in and All Saints church, in Lower Dublin township, in Phila- operation delphia county, and St. Thomas's church, in Whitemarsh township, in Montgomery county, in the commonwealth of Pennsylvania," as the same now are, shall be so far as the same are applicable, the rules, by-laws, and ordinances of the said corporations of Trinity church, All Saints church, and St. Thomas's church respectively, until the same shall be duly altered. JAMES THOMPSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The twenty-first day of March, one thousand eight hundred and thirty-five.

GEO: WOLF.

No. 59.

A Supplement

To an act entitled An act authorizing the Governor to incorporate the
Philadelphia and Trenton Rail Road Company.

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 Philadelphia and Trenton rail-road company, be, and they are hereby authorized and empowered to pur

i

chase, acquire and hold, such and so many shares in the capital stock of any turnpike, rail-road, bridge or canal company, or other company, whether the same be incorporated by the laws of the State of Pennsylvania, or of any other of the United States, as may be necessary to complete a communication by rail-road and steain boat, to the city of New York, and the same again to sell and dispose of at their pleasure, and for that purpose to apply and use the corporate funds, or, if need be, to borrow money from such person or persons, and upon such terms as to them may seem expedient: Provided, That after five years from the date of the passage of this act, the said company shall not be authorized to purchase any stock, as aforesaid, and that nothing herein contained shall be construed so as to enable the said company to purchase or hold bank stock, or to have, or in any manner exercise banking privileges.

JAMES THOMPSON, Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The twenty-first day of March, Anno Domini, eighteen hundred and thirty-five.

GEO: WOLF.

Preamble.

No. 60.

An Act

Authorizing the removal of a certain action of ejectment, brought by Jacob Hoffman, against John G. Coster and others, in the court of Schuylkill county, to an adjacent county for trial.

WHEREAS, an action of ejectment has been instituted by Jacob Hoffman, against John G. Coster and others, which is now pending in the court of Common Pleas of Schuylkill county, as of July term, one thousand eight hundred and thirty-two, number -for the recovery of about twenty-one thousand acres of land: And whereas, it is represented to this Legislature, that a great number of citizens of the said county of Schuylkill, are, either directly or indirectly, interested in the title to the lands for which the said ejectment is now pending in said county, and that in consequence of which, a fair and impartial trial cannot be had in the said county; For remedy whereof,

remove acti'n

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 from and after the passage of this act, it shall and Parties may may be lawful for either party, in the aforesaid action of eject of ejectment ment, now pending in the Court of Common Pleas of the said to any adjac't county, wherein the said Jacob Hoffman is plaintiff, and John county. G. Coster and others are defendants, to remove the same into the court of any adjacent county; which action so removed, shall be proceeded in by the proper court, in like manner and subject to like rules and proceedings, as if it had remained in the court in which it was originally brought, and upon final judgment testatem habere facias possessionem, and testatem executions may issue as in other cases: Provided, That the plaintiff or defen- Proviso. dants so removing shall first take and subscribe an oath or affirmation before one of the judges of the court of said county, to be filed of record, with the cause that such removal is not made for the purpose of delay, but because he or they firmly believe, a fair and impartial trial cannot be had in the said county of Schuylkill.

JAMES THOMPSON,
Speaker of the House of Representatives.

APPROVED-The twenty-third day of March, Anno Domini, eighteen hundred and thirty-five.

GEO: WOLF.

No. 61.

An Act

To incorporate the Philadelphia Association for the relief of disabled
Firemen.

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 all and every person, who shall at the time of the passing of this act be members of the association called the Philadelphia Association for the relief of disabled firemen," shall be, and they are hereby created and declared to be, one body politic and corporate, by the name, style and title of the Style. Philadelphia Association for the relief of disabled firemen;" and by the same name shall have perpetual succession, and shall

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