of their members as president, and shall have power to appoint a secretary, treasurer and such other officers as the business of the corporation may require, and to allow to each of them such reasonable compensation as they, from time to time, may deem proper. The seat of any manager, who shall have neglected to attend for three successive meetings, may be vacated by the board, and any officers of the society may be removed at the pleasure of the board. The chief justice of the supreme court, the presidents of the district court, and of the court of common pleas in and for the city and county of Philadelphia, shall form a board of appointment, of which the said chief justice shall ex-officio Vacancies, how be president; and all vacancies in the board of managers of the said supplied. Saving Fund Society, shall be filled by the said board of appointment, from a list of not less than five persons, to be presented to them by the managers of the society, whenever a vacancy shall occur. And if the said board of appointment shall not approve of some one of the persons on the list, another list shall be presented to them of five other names, and so on until a majority of the board of appointment shall approve of a person to fill the vacancy. And it shall be the duty of the said board of appointment, in the month of December, in each and every year, to appoint three discreet and reputable citizens of the said city and county, whose duty it shall be, after being duly sworn or affirmed by some comAuditors to audit petent authority, to audit and settle the accounts of the said society; and at the expense of the said society, to make out a statement of their accounts, one copy whereof shall be, by the said auditors, on or before Statements to be the third Monday in February next, after their appointment, filed in the office of the prothonotary of the court of common pleas for the city and county of Philadelphia; and copies thereof shall also be transmitted by them, one to the speaker of the senate, and one to the speaker of the house of representatives of this commonwealth; and such statement shall be published by them in one or more of the gazettes of the city of Philadelphia. It shall be the duty of the president of the Western Saving Fund Society of Philadelphia, to forward to the speaker of the house of representatives of this commonwealth, on or before the second Monday of January, in each and every year, a statement, under oath or affirmation, of the president and treasurer, showing the whole number of depositors on the books of the said society, on the first Monday of November preceding; and shewing the number of depositors having sums in deposit not exceeding ten dollars each; and how many depositors of from ten to twenty dollars; how many from twenty to fifty dollars each; how many from fifty to one hundred dollars each; how many from one hundred to two hundred each; how many from two to three hundred dollars each; how many from three to five hundred dollars each; and how many of five hundred dollars and upwards.

accounts.

made out and

where filed.

Powers of managers limited.

Allowance of interest.

Article 2. No emolument whatever shall be received by the managers, except by the president, for their services; no manager, officer or agent of the said Saving Fund Society, shall be allowed, directly or indirectly, to borrow any money or moneys from the said society; nor shall the said society have, hold or purchase any notes, bonds or mort gages, or other securities, for the payment of money drawn or endorsed by or existing against any manager, officer or agent of the said Saving Fund Society.

Article 3. The money deposited shall bear an interest at the rate of four per cent. per annum, and shall be repaid when required upon two weeks' notice, with the interest thereon to the time of such notice; in default of such payment, at the time so designated, such proceedings may be had against the corporation for the recovery of deposited money and interest thereon, as are now or may hereafter be enacted by laws

of this commonwealth, for the recovery of debts of like amount. No sum less than one dollar shall be received as a deposit, and no interest shall be allowed upon any deposits until they amount to the sum of five dollars, the interest on which will be twenty cents per annum. and at the same rate per calendar month; every additional sum of one dollar that may be added, will bear interest in the same manner.

Article 4. Interest is to be estimated by calendar months, and in Calculation of order to avoid the calculation of days upon small sums, no interest will interest. be allowed for the fractional parts of a month.

Article 5. Two or more managers, or the treasurer, shall attend at How business to the office of the society, at such times as may be appointed by the be conducted. board of managers, to receive deposits, and to pay such sums as may

be withdrawn. No money shall be drawn out under five dollars, un

less to close an account.

Article 6. The deposits and payments shall be regularly entered in Entry of deposits. the books of the office, and every person depositing money shall be furnished with a duplicate of his or her account, in which every deposit

or payment shall be regularly entered, as soon as made.

Article 7. A cash book and ledger shall be kept at the office, in Books to be kept. which the deposit money and payments shall be immediately entered.

Article 8. A book shall be kept at the office, in which every deposi- Ib. tor shall be at liberty to appoint some person or persons to whom, in the event of his or her death, the money shall be paid, if not otherwise disposed of by will.

Article 9. The managers shall meet once, at least, in every month, Monthly meeting. and five shall be a quorum. The books, treasurer's accounts and other

documents, shall be produced at such meetings.

Article 10. § 1. The managers shall be at liberty, at any time, to Privileges. refuse deposits, and on giving one month's notice, to return such as have been made, with interest thereon, to be calculated to that time, and no

longer.

§2. If any manager, the president, treasurer, secretary, clerk or other Embezzlement officer of said institution, shall fraudulently embezzle or appropriate to punished. his own use, or to the use of any other person or persons, any money or other property belonging to the said institution, or left with the same as a special deposit or otherwise, he or they, on conviction thereof, shall be fined in a sum not less than the amount so appropriated or embezzled, and sentenced to undergo an imprisonment in the Eastern penitentiary, to be kept in separate and solitary confinement, at labor, for any term not exceeding two years, at the discretion of the court: Provided, That this shall not prevent any person or persons aggrieved from pursuing his, her or their civil remedy against such person or persons. §3. That no misnomer of the said corporation in any deed, testa- Misnomer. ment or gift, grant, devise or other instrument, or contract or conveyance, shall vitiate or defeat the same, if the said corporation shall be sufficiently described to ascertain the intent of the party or parties, to give, devise, bequeath, assure to or contract with the corporation hereby created, by the name aforesaid; nor shall any of the non-users of the said privileges hereby granted, create any forfeiture of the same; but the same may be exercised by the said corporation, and notwithstanding any failure to meet at any of the times appointed herein, or by the by-laws and ordinances of the said society, to hold their annual or other meetings for elections, or other subjects for consideration. The officers then in office shall continue to hold and exercise their respective offices until others shall be duly elected to succeed them, at some future meeting of the said society, which the corporation is hereby authorized to hold for such purpose.

Reservation.

§ 4. That if, at any time, the said corporation shall misuse or abuse any of the privileges granted by this act, or if it shall appear that the said privileges are injurious to the citizens of this commonwealth, the legislature shall have power to revoke and annul them at any time they may deem the same expedient.

JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS,

Speaker of the Senate.

APPROVED-The eighth day of February, one thousand eight hun

dred and forty-seven.

No. 44.

FRS. R. SHUNK.

AN ACT

To authorize and empower the trustees of the Methodist Episcopal church in Perryville, Mifflin county, to convey certain real estate, and for other purposes.

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 trustees of the Methodist Episcopal church at Perryville, Mifflin county, be and they are hereby authorized and empowered to convey a certain lot of ground, on which the old Methodist meeting house stands, with the appurtenances, to Isaiah Coplin. in Armagh township, Mifflin county, and to assure by deed to the said Isaiah Coplin, all the right, title and claim in law or otherwise, of the said Methodist Episcopal church, or the trustees thereof, except however so much of the above lot of ground as was sold and conveyed to Abraham Kinegy, or intended so to be; and the said trustees are hereby authorized and empowered to take and hold by deed, or other legal conveyance, the lot of ground purchased from George Landis, on which the new Methodist meeting house has been erected, in Perryville, Mifflin county, and to hold the same in trust for the use of the congregation of said Methodist Episcopal church.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The eleventh day of February, one thousand eight hun

dred and forty-seven.

FRS. R. SHUNK.

No. 45.

AN ACT

Relating to the administration of justice in the county of Mercer.

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

in all actions hereafter to be brought in the court of common pleas, in In what cases Mercer county, on bills, notes, bonds and other instruments of writing judgments may for the payment of money, and on actions brought on contracts for the be entered. loan or advance of money, whether the same be reduced to writing or not, and for the recovery of book debts, and in all actions of scire facias on judgments, mortgages, and on liens of mechanics and material men, and on scire facias on recognizances of bail for stay of exection, and to prosecute writs of error of certiorari, it shall be lawful for the plaintiff in, or at any time after the third Saturday succeeding the return day of the writ, to enter a judgment by default, of course notwithstanding an an appearance by attorney, unless the defendant shall have previously filed an affidavit of defence, setting forth the nature and character of the same; but no judgment shall be entered by virtue of this act, unless the plaintiff shall, previous to the return day of the original process, file in the office of the prothonotary of said court, a copy of the instrument of writing, book entries, record or claim on which his action has been brought; and on contracts for the loan of money not in writing, the plaintiff shall file, previous to the return day aforesaid, an affidavit, setting forth the terms of said loan or advance, with the date and amount thereof, and on book debts an affidavit of his belief of the correctness of the account filed, and the balance justly due him thereon; but if the copy of the bill or other claims as aforesaid, or the affidavit aforesaid, be not filed previous to the return day aforesaid, the plaintiff shall still be entitled to judginent at any term next succeeding his filing the same, on his giving three weeks' notice to the defendant, or his attorney, if the affidavit of defence be not filed during such subsequent term: Pro- Proviso. vided, That whenever the action or writ aforesaid, is founded on a record on file, or contained amongst the records of the said county, a declaration or statement filed, or a scire facias issued thereon, together with a reference in the precept to the original or record, shall be deemed a sufficient filing of a copy of the record or claim on which the action has been brought.

SECTION 2. The respective affidavits required by the first section of Affidavits may be this act, may be made by the agent or attorney of either of the parties, made by the if such agent or attorney is personally acquainted with the facts neces- agent or attorney. sary to make out the claim or defence.

SECTION 3. If in the opinion of the plaintiff's attorney, the affidavit Plaintiff may by the defendant is insufficient, he may move the court for judgment move for judgfor want of a sufficient affidavit of defence.

JAMES COOPER,

APPROVED-The eleventh day of February, one thousand eight hun

dred and forty-seven.

FRS. R. SHUNK.

ment.

Preamble.

Power to remove, &c., records.

No. 46.

AN ACT

Relative to removing books of record and office papers to the new public building in
Chester county.

WHEREAS, The commissioners of the county of Chester are about erecting a public building, embracing a court house and offices for said county:

And whereas, The want of room in the old offices of the prothonotary, register and clerk of the courts in said county, has caused the papers to be filed in so very crowded a manner, that many of the old files and packages require to be newly arranged and labelled; 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 the prothonotary, register, recorder and clerk of the courts of the county of Chester, are hereby authorized and required to remove, arrange, label and file in good order, all the papers and books of record belonging to their respective offices, in the new office building about being erected for that purpose in said county, when the same shall be ready to receive them; and that the commissioners of said county are hereby authorized and required to pay the said officers, respectively, such compensation for the same as the judges of the courts of said county shall deem just and proper.

JAMES COOPER,

APPROVED-The eleventh day of February, one thousand eight hun

dred and forty-seven.

FRS. R. SHUNK.

Preamble.

No. 47.

AN ACT

Relative to the recording of treasurers' deeds in Clearfield county.

WHEREAS, It has been the practice of the prothonotaries of the county of Clearfield, to enter of record the execution and acknowledgment of treasurers' deeds in said county, without any further description than stating the number of the tract, the number of acres, the name of the grantee, and the amount for which the same was sold :