Proviso. Proviso. Limitation. once in every year, and paid to the stockholders or their legal representatives, on demand, at any time after the expiration of ten days therefrom, but they shall in no case exceed the amount of the net profits actually acquired by said company, so that the capital stock shall never thereby be impaired; and if the said directors or managers shall make any dividend which shall impair the capital stock aforesaid, the directors or managers consenting thereunto shall be liable to said company, in their individual capacities, for the amount of the stock so divided; and each director present when such dividend is made shall be adjudged consenting thereto, unless he forthwith enter his protest on the minutes of the board, and give public notice to the stockholders of the declaring of such dividend: Provided, 'That the said company shall make an annual return, on the oath of the president or secretary of said company, of the amount of dividends: Provided also, That when the dividends of said company shall exceed ten per centum per annum, twenty-five per centum of all such excess shall be deemed due and payable to the state treasurer of this commonwealth. SECTION 10. That the corporation created by virtue of this act, shall not continue longer than twenty-five years from the date of its enrolment: Provided, That nothing herein shall be construed to confer any banking privileges; and moreover the legislature reserves the right to modify, alter or annul the privileges hereby granted, if it should at any time be found that the exercise of them is injurious to the interests of the commonwealth. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, APPROVED-The sixteenth day of March, Anno Domini one thousand eight hundred and forty-nine. WM. F. JOHNSTON. Prean ble. No. 194. AN ACT To incorporate the Allegheny Institute and Mission church, in the county of WHEREAS, Certain citizens of this commonwealth hereinafter named, have associated together for the purpose of promoting the education and moral elevation of the colored population, by the establishment of a seminary, for the education of colored youth in the various branches of literature and the sciences, in connection with a church for the use and occupancy of people of color, and have commenced the erection of suitable buildings on a certain lot in Allegheny county, appropriated to that object by Charles Avery, of said county, and it is essential, in order to give efficiency and perpetuity to the benevolent purposes of the said donor and his associates, that the said institution should be incorporated; therefore, 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 there be and hereby is established and erected in the county of Allegheny, in this commonwealth, a college for the education of colored Americans, in the various branches of science, literature, and ancient and modern languages, in connection with a church for the use and occupancy of people of color, by the name, style and title of the "Alle- Style. gheny Institute and Mission church." SECTION 2. The said college shall be under the management, direc tion, and government of nine trustees, who shall appoint a president Trustees. and other proper officers and instructors, and a majority of said trus- Officers. tees shall be a quorum, and competent to prescribe the duties authorized Quorum. and required to be performed by said president, officers and instructors, and generally to transact all business needful and proper to be done for the good government, management and direction of the affairs of said college, and to fill vacancies in their own body: Provided, That Proviso. at least one-third of said trustees shall always be white citizens of this commonwealth. corpo Incorporate. SECTION 3. The first trustees of said college shall consist of the following persons: Charles Avery, Joseph P. Gazzam, William M. Shinn, Corporators. Samuel Johnston, John Peck, Morrison M. Clarke, David Stevens, Spencer Watts and Edward R. Parker, which said trustees and their successors, to be appointed as often as occasion may require by the votes of not less than five trustees, shall be forever hereafter, and they are hereby erected into, and declared to be a body politic and rate, with perpetual succession, and with all the incidents to a corporation, in deed and in law, to all intents and purposes whatsoever, under the name, style and title of the Allegheny Institute and Mission church," by which name and title, the said trustees above named, and their successors, shall be able and capable at law and in equity, to take to themselves and their successors, for the use of said college, any Privileges. estate in any messuage, lands, tenements, hereditaments, goods, chattels, moneys, or other effects, by gift, grant, bargain, sale, conveyance, assurance, will, devise or bequest of any person or persons, or corporation whatsoever: Provided, The annual income of the same, exclu- Proviso. sive of the income from students, shall not exceed the yearly value of five thousand dollars, and the same messuages, lands, tenements, hereditaments and estates, real and personal, to grant, bargain, sell, convey, assign, demise, and to farm, let, and place out on interest or otherwise dispose of, or invest for the use of the said college, in such manner as to them shall seem most beneficial for the said college, and to receive the rents, issues, profits and income of the same, and to apply the same to the proper use of said college; and by the same, name to sue, commence actions, prosecute and defend, implead, and be impleaded in any courts of law and equity, and in all manner of suits whatsoever, and generally by and in the corporate name, style and title aforesaid, to do and transact all and every business, the education of colored youth and others, the descendents of Africans born in America, and the management of the buildings and grounds, and the members thereon living, or therewith connected, or touching or concerning the premises, or which shall be in any manner incident thereto, as fully and effectually as any natural person or body corporate, have power to manage their own concerns; and to hold, enjoy, and exercise Proviso. Seal. Corporators may remove officers, all such powers, authorities and jurisdictions, as are held. enjoyed or exercised by any other college within this commonwealth: Provided, That no by-law, rule or regulation shall be adopted by said trustees, to impede, hinder, or obstruct the free use and enjoyment for the purposes of religious worship, of such building or apartments as shall be appropriated to that purpose. SECTION 4. The corporators may cause to be made for their use a common and corporate seal, with such devices and descriptions thereon, as they may deem proper, and by and with which all deeds, diplomas, certificates, appointments, and acts of the said corporation shall pass and be authenticated, and the said seal at their pleasure, to break, alter and renew. SECTION 5. The corporators mentioned in this act, and their successors, shall have the power and authority of exercising all the priviprofessors, &c. leges and rights conferred by this act on the corporation, of electing and removing officers, professors, teachers, instructors and residents, of appointing and authorizing a person or persons, to carry into execution any resolution or business of the board, and shall have power by a majority of votes, to make rules, laws, and ordinances, and the same to alter and repeal, and to do every thing needful for the support and government of the college, and the management of its property, estates and income: Provided, That the said rules, laws and ordinances, or any of them, be not in violation of the laws and constitution of the United States, of the state of Pennsylvania, or of the provisions of this act of incorporation. Troviso. Buildings or apartments, &c., shall be for the use of, &c. Proviso. Faculty of the college. Misnomer. Religious senti ments no disability to office. SECTION 6. Any buildings or apartments belonging to said corporation, appropriated and dedicated for the purposes of religious worship, shall be for the use of the congregation in Allegheny city, now a branch of the "African Methodist Episcopal Zion's church in America; and under the management and control of the trustees, or other official body representing that congregation the said congregation shall have the right to occupy the same at all times for divine worship, according to the rules, discipline and forms from time to time adopted and in use by said congregation, but for no other purpose, and in such manner as shall not in any way interfere with said college, and the management and government thereof by said corporation: Provided always, That no change of name or modification in their discipline, or form of church government, shall impair the right of said congregation and their successors, to use the same so long as they adhere to the christian religion. SECTION 7. The president, professors, tutors and other teachers for the time being of said college, shall constitute the faculty of the college, and with the counsel and consent of a quorum of trustees, shall have power to grant and confirm such degrees in the arts and sciences to such students of the college and others, when by their proficiency in learning, professional eminence, or other meritorious distinction, they shall be entitled thereto, as they may see fit, or as are granted in other colleges in the United States, and to grant to graduates or persons on whom such degrees may be conferred, diplomas or certificates as is usual in colleges. SECTION 8. No misnomer of the said corporation shall defeat or annul any gift, grant, conveyance, assurance, devise or bequest to the said corporation: Provided, That the intent of the parties shall sufficiently appear upon the face of the gift, grant, conveyance, assurance, devise, bequest or other writing, whereby any estate or interest was intended to pass to said corporation. SECTION 9. No religious sentiments are to be accounted a disability to hinder the election of an individual to any office in said corporation, or among the professors and teachers of the institution, or to debar per- a trustee, president, professor or teacher, who is not a professor of SECTION 10. The time, place and manner of holding and conducting the stated and regular meetings of the board of trustees, may be estab- Time and place of holding regulished from time to time, by the rules and regulations of the corpora- lar meeting. tors, and also the manner of calling special or extra meetings of the board: Provided, That in elections to fill vacancies in the board, and Proviso. all contracts for the disposal of the real or personal property, the nomination of candidates, and the proposition to dispose of said property, shall be made at one meeting, and the vote taken at a subsequent meeting to be held not less than ten days thereafter, of which subsequent meeting, and the purpose of it, every trustee then being in the county of Allegheny, shall have due and timely notice. SECTION 11. That the legislature hereby reserve the right to alter, Reservation. amend or annul the charter and privileges hereby granted, whenever in their opinion, the same may be necessary for the public good; in such manner, however, that no injustice shall be done to the corporators. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twentieth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 195. AN ACT To incorporate the Island, in Conemaugh township, Cambria county, into a borough, to be called Conemaugh. Name. SECTION 1. Be it enacted by the Senate and House of Representaives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That he Island, in Conemaugh township, in the county of Cambria, shall be nd the same is hereby erected into a borough, which shall be called e borough of Conemaugh, and shall be bounded and limited as folOws: beginning at feeder down the embankment south thirty-three Boundaries. ast thirty perches to feeder outlet; thence up feeder dam north fifty egrees east thirty-five perches to post; thence by land of David Proser, John Young, et cetera, south forty-nine degrees east forty-eight erches to a post; thence by land of Peter Levergood and John Young Meetings. south forty-five degrees west forty-three and two-tenths perches to a post; thence through land of Peter Levergood north sixteen degrees east forty-two perches to a post at coal bank; thence south forty-seven degrees west twenty-four perches to a post on township road; thence along same south eighty degrees west seventy-six perches to a stump, the east corner of the borough of Johnstown; thence along the same down Main street north sixty degrees west twenty two perches to Feeder alley; thence along same north twenty-eight degrees east forty-six perches to the south side of canal basin; thence down the same north seventy-two degrees west sixty-eight perches to the corner of Franklin and Washington streets; thence down the latter to the bank of the Conemaugh river north sixty two degrees west seventy perches to post; thence up the Conemaugh river one hundred and ninety-five perches to the place of beginning. SECTION 2. That the inhabitants of said borough entitled to vote for members of the general assembly, having resided within the bounds of said borough at least six months immediately preceding the election, shall have power on the Friday preceding the third Saturday in April next, to meet at the public school house, and on the third Saturday in March, annually thereafter, at the place aforesaid, and shall then between the hours of one and six in the afternoon of said day, elect by ballot, one respectable citizen residing therein, who shall be styled the burgess, and five citizens of said borough to be a town council, and shall elect also, as aforesaid, one citizen as high constable ; but previous to the said election the citizens qualified as aforesaid, shall choose one citizen to act as judge, and two citizens to act as inspectors, one of whom shall act as clerk of said election; and the election to be conducted throughout according to the general election laws of this commonwealth, and the officers of the same shall be subjected to the same penalties for malpractices as by the said election laws are imposed; and the said judges and inspectors, before they enter upon the duties of their Shall take oath respective offices, shall take the same oaths or affirmations before any Burgess and tion. or affirmation. Incorporate. Privileges. Penalty for refusal to act. Officers of bo rough to take and justice of the peace of the same county, as are prescribed by the laws of this commonwealth, and after the election shall be closed shall declare the persons having the highest number of votes to be duly elected, and the certificates required by the general election law shall be duly made out and signed by them, and filed away amongst the records of said borough. SECTION 3. That from and after the fourth day of May next, the burgess and town council, and their successors in office, shall be one body politic and corporate, by the name and style of the burgess and town council of the borough of Conemaugh, and shall have perpetual succession, and shall be capable in law to sue and be sued, plead and be impleaded in any court of law in this commonwealth, in all manner of actions whatsoever, and to have and use a common seal. SECTION 4. That if any person duly elected to the office of burgess, member of town council, or high constable, as aforesaid, shall refuse or neglect to take upon himself the duties of the said office, he shall forfeit and pay, for the use of said borough, the sum of ten dollars, to be collected in like manner as sums of like amount are now recovera ble by law. SECTION 5. That all officers of said borough, before entering upon the duties of their respective offices, shall take and subscribe an oath subscribe an oath or affirmation, before any judge or justice of the peace of said county, to support the constitution of the United States and of the state of Pennsylvania, and to perform the duties of his office with fidelity; and or affirmation. |