vens, and John Young, and their successors, and all persons who now are or hereafter may be associated with them, be, and they are hereby created and erected into a body corporate and politic, in deed and in law by the name, style, and title of "the Odd Fellows' hall association" Style. of Elizabeth, in the county of Allegheny, and by that name shall have perpetual succession, and be able to sue and be sued, plead, and be impleaded in any court of law or equity, and to take and hold to them and their successors either by grant, gift, devise, or lease, any lands or Privileges. real estate for the purpose of erecting thereon a suitable building or buildings for the use of said association, and also to take and hold for the use of said association any goods, chattels, sum or sums of money, by gift, grant, bargain, sale, will, devise, or bequest, from any person or persons whatsoever, capable of making the same, and the same at their pleasure to grant, bargain, and sell for the use of said association, and generally to do all and singular the matters and things which it shall be lawful for them to do for the well being and due management of the said association: Provided, That the real estate of Proviso. which the said incorporation shall be at any one time possessed shall not exceed the clear yearly [value] of three thousand dollars. day of SECTION 2. That the persons hereinbefore named are hereby ap- Commissioners. pointed commissioners to do and perform the several acts and things hereinafter mentioned, that is to say, they or such of them as shall act in the premises, being not less than five, shall as soon as conveniently may be, and within three months next after the passage of this act, procure and open a suitable book or books at such time and place as they may designate, in the borough of Elizabeth, of which time and place at least ten days' previous public notice shall be given in the borough of Elizabeth by at least four written or printed handbills, in which book or books they shall enter as follows: "We, whose names Form of subare hereunto subscribed, do promise to pay to the trustees and company scription. of the Odd Fellows' hall association of Elizabeth, in the county of Allegheny, the sum of five dollars for each and every share of stock set opposite to our respective names, in such manner and proportions and at such times as shall be determined by the trustees of said association ; witness our hands and seals the Anno Domini, one thousand eight hundred and fifty ; and at the time and place so designated and named in the public notices to be given as aforesaid, the said commissioners, by themselves or by committees to be by them appointed, shall attend for the purpose of opening the books to receive subscriptions for stock, and the said books shall be kept open at least four hours on such day at the time and place designated in the public notices to be given as aforesaid; and in case ten hundred shares of stock, it being the capital stock to be issued by said association, be not all sold on the day of the first opening of the book, the number remaining unsold may afterwards be disposed of at such time and place, and under such regulations as the trustees for the time being may order: Provided, No subscription for such stock shall Proviso. be valid unless the party or parties making the same shall, at the time of subscribing, pay to the said commissioners or to committees by them appointed, fifty cents in each and every share for the use of the asso ciation. SECTION 3. That said commissioners or at least five of them acting Meeting of subin the premises as aforesaid, shall as soon as conveniently may be after scribers. three hundred shares of the stock are subscribed, appoint a time and place for the subscribers to meet in order to organize the said association, and shall give at least fourteen days' previous public notice as is provided in the second section of this act, and the subscribers when Object of asso ciation. Seal. Powers of trus tees. Proviso. Duty of President. Proviso. Further duties. met shall by ballot elect by a majority of the voters present, one president and six trustees, residents of said county, to conduct and manage the affairs and business of said association until the first Friday of January of the next following year, and until others are chosen, and shall annually thereafter at such time and place as the by-laws of said association shall provide, elect one president and six trustees as aforesaid, and the three commissioners first named as aforesaid, shall be judges of the election of said officers, and the judges of all future elections shall be appointed by the president for the time being, and notice of such election shall be given in such manner as the by-laws shall provide. SECTION 4. That the object of said association shall be to provide, erect, and furnish a hall or suitable building or buildings in the bor ough of Elizabeth, for the accommodation of the lodge of the Independent Order of Odd Fellows established there, for other beneficial societies, and suitable also, for a room to be used for a library or other purposes. SECTION 5. That it shall and may be lawful for the said corporation to have a common seal, and the same at will and pleasure to change, alter, and renew as they shall think proper, and shall have and exercise all the rights, privileges and immunities necessary for the purpose of the corporation hereby constituted, and as herein expressed. SECTION 6. That the trustees for the time being, or a majority of them, shall have power to carry out the objects of the association as herein before expressed, to conduct and execute the business and affairs of said association, to provide for the investment of the funds of the association in such manner as they shall deem most safe and beneficial, to provide for paying all the necessary expenses of conducting the affairs of said association, to give bond with approved security for the faithful paying over to the treasurer such funds of said association as may come into their hands, such bond and security to be approved of by a majority of the members present at any regular meeting of said association, and generally to pass such by-laws as shall be necessary to the exercise of their duties aforesaid as trustees of said association, and the said by-laws from time to time to alter and repeal: Provided, That such by-laws shall not be contrary to the constitution and laws of this Commonwealth or of the United States. SECTION 7. That it shall be the duty of the president at least once in every year, to wit, on the first Friday of January thereof, to appoint from the members of said association three competent persons as a committee of examination, whose duty it shall be to examine the financial and other affairs of said association, and to make report thereof on the second Friday of said month to the trustees, whose duty it shall be to lay the same before the association at its next stated meeting ensuing; it shall be the duty of the president and trustees on the third Fridays of January and July in each and every year, to make and declare a dividend of the interest and profits of said association after paying its expenses, and the same to pay over to the stockholders or legal representatives within thirty days thereafter: Provided, That the dividend so paid shall in no case exceed six per cent. per annum to said stockholders. SECTION 8. That it shall be the duty of the president and trustees on the third Fridays of January and July in each year, after paying the dividends provided for in the foregoing section, and after having appropriated so much of the funds as in their discretion will be necessary for defraying the ordinary expenses of the association for the ensuing six months, to apply all the remaining funds to a pro rata cancellation of the shares of stock then in the hands of the stockholders, said remaining funds to be considered as a semi-annual sinking fund for the redemption of said shares of capital stock. SECTION 9. That the Legislature hereby reserves the right to alter Reservation. or amend the charter hereby granted, whenever in their opinion it may be injurious to the citizens of this Commonwealth, in such manner however that no injustice shall be done to the corporators. SECTION 10. That it shall be the duty of the citizens of the bor- Auditors to be ough of Providence, in the county of Luzerne, at their first election elected. to be held under charter, to elect three persons to serve as auditors who shall serve, one for one year, and one for two years, and one for three years, and annually thereafter, one person to serve as auditor for three years, also two persons for street commissioners for one year, who shall have the same power and be subject to the same penalties for neglect of duty in keeping the streets and side-walks in repair and free from obstruction according to the regulation and ordinances of said borough, that supervisors of the respective townships of this Commonwealth are for neglect of duty in removing obstructions and repairing highways, and which shall be enforced and collected in the same manner SECTION 11. That it shall be the duty of the auditors elected at the first election, and they shall have power to settle all claims and demands against any person or persons who may have held any office in said borough, by virtue of an election or appointment, or may have any claims against said borough, or against whom the borough of Providence may have any claims arising upon, either expressed or implied, sinec the fourteenth day of March, one thousand eight hundred and forty-nine: Provided further, That said auditors shall have the same power to compel the attendance of persons now conferred by law upon township auditors for the settlement of their respective accounts. SECTION 12. That the school directors of the Third ward, Alle- School directors gheny city, be, and they are hereby authorized to borrow such amount of third ward, of money as may be required to pay off and discharge the debts in- Allegheny city, curred by the purchase of of lots and the erection of the public school house in said ward, and to secure to the lender the re-payment of the same by judgment or mortgage on the said lots. W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, APPROVED-The ninth day of March, A. D., one thousand eight to borrow hundred and fifty-three. WM. BIGLER.. Preamble. Preamble. Preamble. Preamble. Preamble. Trustees under the will of deceased, to make appropriation of certain moneys. No. 122. A SUPPLEMENT To an act authorizing the trustees under the will of George Roberts, deceased, to apply certain of their trust funds to the improvement of their trust estate; to the sale of certain real estate; and to confirm the title to certain real estate in the city of Philadelphia. WHEREAS, George Roberts Smith, and Harry Ingersoll, trustees under the will of George Roberts, deceased, were authorized by act of Assembly, bearing date the tenth day of February, Anno Domini, one thousand eight hundred and fifty-one, to appropriate certain of their principal trust funds to the improvement of certain portions of their trust estate: And whereas, The cost of the alteration of one of the premises therein described, to wit: the property number two hundred and fiftytwo Chesnut street, has exceeded the estimate to the amount of nineteen hundred and thirty-nine dollars, which said trustees have no authority to pay: And whereas, Harry Ingersoll, one of the aforesaid trustees, has, out of his own private funds, expended the sum of forty-five hundred dollars for the purpose of converting the premises, number two hundred and forty-eight Chesnut street, part of said residuary trust estate, into a store, and which to be rendered fully available, requires an additional amount of fifty-five hundred dollars to be expended thereon, and it is just that the amount already expended by him, as well as that about to be expended in the completion of said improvement should be paid out of the trust funds: And whereas, The aforesaid trustees, by proceeding under a mortgage held by them on the following described premises, to wit: A tract or piece of land or meadow ground situate in the township of Kingsessing, and county of Philadelphia, et cetera, have been obliged to purchase the same to protect the interest of their aforesaid trust estate: And whereas, Said property being wholly without buildings of any kind, is now entirely unproductive, but by a judicious expenditure of money can be rendered a source of revenue to the estate; therefore, SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly George Roberts, met, and it is hereby enacted by the authority of the same, That George Roberts Smith and Harry Ingersoll, trustees under the will of George Roberts, deceased, of the city of Philadelphia, or the survivor of them or their successor or successors in the trust, be, and they are hereby authorized to appropriate out of the principal moneys of their said trust estate the following sums of money for improvements already made and to be made on the following described properties, that is to say, any sum not exceeding two thousand dollars to complete the improvement upon the property number two hundred and fifty-two Chesnut street, in the city of Philadelphia, any sum not exceeding ten thousand dol lars, to refund to Harry Ingersoll, trustee as aforesaid, the amount already expended by him on the property number two hundred and forty-eight Chesnut street, and to complete the improvement of said premises, and any sum not exceeding six thousand dollars for the improvement of the tract or piece of land or meadow ground, situate in the town ship of Kingsessing, and county of Philadelphia, being the same premises said testator. ground rent. SECTION 2. That the trustees of the Second Presbyterian church, in Trustees of the city of Philadelphia, be, and they are hereby authorized to lease Second Presbyupon ground rent, or to sell and convey in fee simple all that lot or terian church in piece of ground (being part and parcel of a larger lot of ground belong. Philadelphia, to ing to the trustees of the Second Presbyterian church, in the city of lease a lot on Philadelphia aforesaid), situate on the north side of Noble street, at the distance of one hundred and twenty-eight feet three inches eastward from the east side of Delaware Sixth street, in the Northern Liberties, in the county of Philadelphia, containing in front or breadth on the said Noble street sixty feet, and extending in length or depth northward of that width seventy feet, bounded northward and eastward by other ground of the trustees aforesaid, southward by the said Noble street, and westward by a ten feet wide alley running northward from the said Noble street: Provided, That before the said trustees shall Proviso. make and deliver a deed or deeds for the said real estate to the purchaser or purchasers thereof, they shall first give security by bond or recognizance to the Commonwealth, in such manner and amount as the court of common pleas of Philadelphia county shall approve, for the faithful application of the proceeds of the sale of said real estate. WHEREAS, Jacob Stembeck, high sheriff of the city and county of Preamble. Philadelphia, in the Commonwealth of Pennsylvania, by deed poll bearing date the twenty-twird day of March, Anno Domini, one thousand eight hundred and twenty-nine, duly acknowledged in open district court, for the city and county of Philadelphia, on the twenty-fourth day of March, Anno Domini, one thousand eight hundred and twentynine, and entered among the the records thereof, in sheriff's deed book E, page two hundred and fifty-nine, et cetera, did grant and convey unto the Mutual beneficial society of the city and county of Philadelphia, their successors and assigns, all those messuages or tenements, and lot or piece of ground thereunto belonging, marked in the general plan of the city lots from two thousand two hundred and ninety-six to two thousand three hundred and one inclusive, situate on the south side of Lombard street, and on the west side of Eighth street from Schuylkill, in the said city of Philadelphia, containing in breadth, east and west on said Lombard street, one hundred and eighteen feet, and in lenght or depth on the said Eighth street, seventy-eight feet, bounded northward by Lombard street aforesaid, eastward by the said Schuylkill Eighth street, southward by ground now or late of Baron Hurst and company, and westward by lot number two thousand three hundred and two, granted to Joseph Mercer: And whereas, The said the Mutual beneficial society of the city and Preamble. county of Philadelphia, by indenture bearing date the twelfth day of June, Anno Domini, one thousand eight hundred and thirty, recorded |