CHAPTER MCDXX.

AN ACT TO ENABLE THE JUSTICES OF THE ORPHANS' COURT TO AUTHORIZE AND EMPOWER FRANCES BUDDEN TO SELL AND CONVEY SO MUCH OF THE LANDS [AND] TENEMENTS OF HER LATE HUSBAND JAMES BUDDEN, DECEASED, AS SHALL BE NECESSARY FOR THE PAYMENT OF HIS DEBTS AND FOR OTHER PURPOSES THEREIN MENTIONED.

(Section I, P. L.) Whereas it appears to this house that James Budden late of the city of Philadelphia, merchant, now deceased, was at the time of making his testament and last will in writing on the twentieth day of October in the year of our Lord one thousand seven hundred and eighty-three and for a long time before largely indebted in divers sums of money to different persons in Europe, which at the time of making his will he had reason to believe had been paid off and discharged, as he had placed sufficient funds for that purpose in the hands of his late partner William Stricker who is also dead, with directions to apply the same accordingly:

And whereas it further appears that the said funds or any parts thereof were not applied by the said William Stricker in discharge of the said debts, by reason whereof the same still remain due and payable and said Frances Budden hath made it appear to this house that she hath not in [her] hands sufficient of the goods and chattels which were of the said James Budden to discharge the said debts and hath prayed that she may be enabled by a sale or mortgage of the lands and tenements whereof the said James Budden died seized to raise sufficient moneys for the purpose aforesaid and for the other purposes hereinafter mentioned.

[Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met and by the authority of the same, That it shall and may be lawful for Frances Budden, administratrix, of all and singular the

for Frances Budden, administrator, of all and singular the goods and chattels, rights and credits which were of the said James Budden at the time of his decease, with the will of the said James Budden annexed, to sell and convey or to mortgage or to grant, bargain and sell by one or more conditional deed or deeds in nature of a mortgage or mortgages such part or parts of the lands and tenements whereof the said James Budden died seized or entitled unto, for defraying the just debts of the said James Budden, the maintenance of his children and for putting them apprentices and teaching them to read and write and for improvement of the residue of the estate if any be, to their advantage, as the orphans' court of the county where such estate lies shall think fit to allow, order and direct from time to time, subject nevertheless to such rules and regulations and on such terms and conditions as are by the laws of this commonwealth provided respecting the sales of lands by administrators for the purposes in this act mentioned. Provided nevertheless, That so much of the said rules, regulations, terms and conditions as relate to the advertising, or to the form and manner of selling and conveying of lands and tenements and are inapplicable to the case of a mortgage shall not be required on the making or executing of any mortgage in pursuance of this act.

Passed March 27, 1789. Recorded L. B. No. 3, p. 504.

CHAPTER MCDXXI.

AN ACT TO INCORPORATE THE NEWTOWN LIBRARY COMPANY IN BUCKS COUNTY.

(Section I, P. L.) Whereas the members of the Newtown Library Company in the county of Bucks by their petition have prayed to be incorporated and vested with such powers and privileges as are enjoyed by corporations of a similar nature within this commonwealth:

And whereas public libraries by diffusing useful knowledge are beneficial to the commonwealth as well as to individuals and merit the encouragement of the legislature:

Therefore:

[Section I.] (Section II, P. L.) Be it enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met and by the authority of the same, That all those who now are or hereafter shall or may become members of the said Library Company agreeably to the laws and constitution thereof be and they hereby are made and constituted a corporate and body politic in law and in fact to have continuance forever by the name, style and title of "The Newtown Library Company."

[Section II.] (Section II, P. L.) And be it further enacted by the authority aforesaid, That all and singular the goods and chattels heretofore given, granted or devised to said Library Company, or to any person or persons for the use thereof or that have been purchased for or on account of the same be and the said goods and chattels are hereby vested in and confirmed to the said corporation. And further, That the said corporation may take and receive any sum or sums of money or any goods, chattels, or other effects of what kind or nature soever which shall or may hereafter be given, granted or bequeathed unto them by any person or persons bodies politic or corporate capable of making such gift or bequest, such money goods, chattels or other effects to be laid out and disposed of for the use and benefit of the said corporation agreeably to the inuse and benefit of the said corporation agreeably to the intentions of the donors.

[Section III.] (Section IV., P. L.) And be it further enacted by the authority aforesaid, That the said corporation by the name, style and title aforesaid are hereby declared and made able and capable in law at all times hereafter to purchase, have, hold, receive and enjoy in fee simple or of any less estate or estates any lands, tenements, rents, annuities, liberties, franchises and other hereditaments not exceeding the clear yearly value of five hundred pounds by the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation or devise of

any person or persons, bodies politic or corporate able and capable to make the same, and also to give, grant, let, sell and convey or assign the same lands, tenements, rents, annuities, liberties, franchises and hereditaments as to the said corporation shall seem meet and convenient.

[Section IV.] (Section V, P. L.) And be it further enacted by the authority aforesaid, That the said corporation by the name, style and title aforesaid be and shall be forever hereafter able and capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be de fended in any court or courts or other places and before any judge or judges, justice or justices or other persons whatsoever within this commonwealth or elsewhere in all and all manner of suits, actions, complaints, pleas, causes, matters and demands of whatever kind or nature they may be in as full and effectual a manner as any other person or persons, bodies politic and corporate may or can do.

[Section V.] (Section VI, P. L.) And be it further enacted by the authority aforesaid, That the said corporation shall have full power and authority to make, have and use one common seal with such device and inscription as they shall think proper and the same to break, alter and renew at their pleas

ure.

[Section VI.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That there shall be a general meeting of the members of the said corporation held on the last Saturday of October in every year hereafter forever at such convenient and suitable place as the directors from time to time shall appoint, at which time and place the members or such of them as are or shall be present shall yearly and in every year elect and choose by ballot five directors and a treasurer to serve for one year next after such election, which directors shall appoint a secretary and librarian and at their pleasure remove him or them from office and appoint another in his or their place, when, and as often as they shall see fit and also do and transact all business and matters appertaining to said corporation agreeably to the rules, ordinances, regulations and by-laws thereof for and during their continuance in office.

And they are hereby authorized and empowered to consider, treat of and determine upon and concerning all and every the matters and things relating to the prudent management, good order and government of said corporation and also to make and ordain such rules, ordinances, regulations and by-laws for the purposes aforesaid as a majority of them from time to time shall see needful and convenient and the same to put in execution or to revoke, disannul, alter or amend at their pleasure, which rules, ordinances, regulations and by-laws shall be valid in law and binding on the parties concerned in as full and effectual a manner as if herein particularly expressed. Provided always, That the said rules ordinances, regulations and by-laws be not repugnant to or inconsistent with the laws of this commonwealth. And provided also, That none of the rules, ordinances, regulations or by-laws to be made and agreed to as aforesaid shall extend to a dissolution of said corporation or shall give power to dissolve the same or to divide or make distribution of the books or other property thereof unless the free consent of nine-tenths of all the members thereunto belonging be first had and obtained.

And whereas the said Library Company at their last general meeting on the eighteenth day of November last past did elect and choose Henry Wynkoop, Thomas Jenks, Francis Murray, Samuel Benezet, and Abraham Du Bois, directors, and William Linton, treasurer, for the present year or until the last Saturday in October next:

[Section VII.] (Section VIII, P. L.) Be it therefore enacted by the authority aforesaid, That the said Henry Wynkoop, Thomas Jenks, Francis Murray, Samuel Benezet, and [Abraham] Du Bois, the present directors and William Linton, the present treasurer, shall hold and continue in their respective offices and use and exercise all the authorities, rights and privileges which are necessary for the good order and government of said Library Company until the said last Saturday in October next, at which time a new election for directors and a treasurer is to take place agreeable to the directions of this act.

Passed March 27, 1789. Recorded L. B. No. 3, p. 492.