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1833.]

MONONGAHELA RIVER.

231

Greene county.

gether with a considerable portion of our dry goods, Joseph Davison, James Barnes,

which articles are now carried, in times of freshets, in Thomas Lucas, Eli Bailey,

Keel and Steamboats, as bigh up the river as Morgan. Thomas Hughes, Isaac Buirsen,

town, in Virginia. Benj. F. Bl.ck, Daniel Boughner,

This convention, conceiving the improvement of the George Reppart, 'l homas Maple,

Monongahela river to be a work of great national im*Benjamin Campbell.

portance, and from the present flourishing state of tha

finances of the country, and believing the time has arThose marked thus (*) were not present.

rived when they may sicces fully ask of the government Mr. Haymond, from Monongalia, offered the follow- of the United states, an appropriation of money for ing resolution

Carrying into effect so desirable an object, have come * Resolved, 'That a committee of two members from to the following resolutions: each county here represented, be appointedl, whose du Resolved, by this Coniention, That the improvement ty it shall be to report, as soon as practicable, the inan. of the navigation of the Monongahela river, is a sil' ject ner in which the object of this convention can be best of sleep interest to th; penple we represent, as well effected.”

as to the whole surroundins country, and that in our Mr. Stewart offered the following resolutions as opin on, it is of sufficient national importance to justify amendments.

the Government of the United States in making an im. “Kesolied, That a committee of cight persons be mediate appropriation to complete the improvement of appointed to report the best plan for the improvement so much of the said river as the survey, plan, and estiof the Monongahela river.”

mate, may require." After considerable discussion, the above resolutions Resolved, that the President of the United States be were adopted, and the following committees appointed earnestly requested to direct a continuation of the surOn the first resolution, Messrs. Haymond, Gay, Sandy, vey, plan, and estimate, for improving the MonongaleKincheloe, Cos, Byrne, Arthurs, Davis, Hill, Findley, la river to such points on the said river, as may be susBlack, Boughner, Nicholson, Bowman, Powers, and ceptible of improvement, and the interests of the counPlummer. On the second resolution, Messis Slo:n, try may require.. Arthurs, Plummer, Findley, Barns, Ray, Johnson, and Mr Sloan from the committee appointed to report Sharp. On the third resolution, Messrs. Stewart, Craig, the best pl o for improving the Monongahcla river, Beazel, Love, Hughes, McGee, and Newlin.

maile the following report. l'he convention adjourned to meet to morrow morn “The committee appointed to report a plan for the ing, at 9 o'clock.

improvement of the Monongahela river, have taken that

subject incler consideration, and report to the Conven. Wednesday, Sept. 26.—The convention assembled in tion - That the best mode of improving the navigation pursuance of adjournment. The names of the Dele of that river will be by Locks and Dams." gates were called over.

On the adoption of this report, Mr. Stewart asked for On motion of Mr. Black, Messrs. Trons and Stone, a division of the House, which was granted; when the were admitted as delegates to supply vacancies in the ayes were 46, n'es 6. delegation from Greene county, and on motion of Mr. Mr. Stewart, from the committee to prepare a memoGay, the report of Dr. Howarı was real.

rial, reported the following, which was unanimously Un motion of Mr. Christy, Edgar C. Wilson, member adopted:of Congress, elect, from Virginia, was admitted to a

MEMORIAL. seat jithis convention.

To the Honorable, the Senate and House of Represent. Mr. Haymond, from the committee appointed to report the minner in which the objects of this meeting

atives of the United States, in Congress assembled: can be best aitained, reported the following preamble The petition of the undersigned citizens of the westand resolutions, which were inanimously addopted ern parts of Pennsylvania and Virginia, respectfully re

“We, the representatives in the convention here as presents: sembled, having been called together by the sponta That as friends of a general and diffusive system of neouis voice of the people whom we represent, feeling national improvement, extending alike t. all parts of a deep interest in common with the people living upon our common country, they contemplate with high satisthe Monongahela river, and its tributary streams, a faction, the period as at hand, if not actually arrived, country already advancing to a high state of improve when the extinguishment of the national debt must ment.increasing in agricultural productions and manufac- leave a very large surplus of revenue, applicable to obturing institutions, with a valley extending from Pittsburg jects of national improvement, uniting and binding inore about one hundred and fifty miles ino Virginia, with a firmly together the distant parts of our hippy Union, by soil capable of great improvement, sustaining a rapidly the strong and enduring bonds of mutual dependence, increasing populacion, possessing inexhaustible beds of re-ulting from mutual intercourse, and advancing at the Iron Ore, Stone Coal, and other valuable minerals, the same time the commercial prosperity of our country in use and manufacture of which may be extended to peace, its strength and security in war. That among any amount; having, too, immense forests of the finest the objects of improvement having just claims to a partimber on the western waters, used, in the present im-icipation in the natinal bounty, the undersigned feel perfect navigation of the river, altogether for building warranted in presenting the Monongahela river as one boats that ply upon the Ohio and Mississippi rivers, the worthy of your favorable consideration, and the more transportation of which can now only be effected in especially, when it is considered that this will he in fact times of high water.

but an extension of an improvement already in progress, For transportation down the river, we have the pro. under the act of 1824, for the improvement of the Ohio ductions of our agricultural pursuits, and our lumber, and Mississippi to a higher practical point, and to our immense beds of coal, our manufuctured iron, glass, which point this improvement must and will, we trust, and paper, the gross value of which may be estimated be ultimately extended--and here your memorialists at one million of dollars annually.

beg leave respectfully to state some of the consideraWe are dependant upon the salt works near Pitts- tions which would indicate the present as the proper borg for our supply of that indispensible article, used period for such extension. in immense quantities in our region of country for stock, The country bordering on the Monongahela and its manufacturing purposes, and family consumption. The tributaries, whether considered in reference to its agri. larger portion of our groceries, such as sugar, lead, cof- cultural and manufacturing capabilities, or its mineral fee, tea, &c. are also procured from Pittsburgh, to - productions and resources, is not surpassed by any por.

tion of country of the same extent and population be- by the officers of this Convention, with a letter, retween this district and the city of New Orleans.

questing his early attention to the subject. The coal excavated from inexhaustible mines, on the On motion of Mr. Gay-"Resolved, That 500 copies banks of the Monong:thela, for more than a hundred miles of the reports and memorial of the Committees appointin extent, now actually supplies the markets, propels ed in this Convention, be printed and circulated. the machinery, and feeds the fires of the principal cities On motion of Mr. Stewart-"Resolved, that the dif and towns on the Ohio and Mississippi. The ore and ferent printers in the counties represented in this Con. iron supplied by the same region keep in operation at ventio , and others favorable to its object, be requested least one hundred furnaces, forges, rolling and slitting to publish the proceedings of this Convention. mills, and other iron factories, supplying the new and On motion of Mr. Byrne—“Resolved, That each growing states of the west with this necesssry and indis- member of the Convention be furnished with a printed pensable article. No less than twenty glass works; ma- copy of these proceedings, by the Secretary. nufacturing an average of 4,000 boxes each, per annum On motion of Mr. Stewart-"Resolved, that the -eight ext nsive paper mills, besides a number of oth- thanks of this Convention be tendered to the Presbyte. er m nficturing establishments, of cotton, wool, &c., rian and Lutheran congregations, in Greensboro and are now in operation within a distance of fi ty miles along vicinity, for their liberality in affording to the Conven. the Monongahela, and their number rapidly increasing tion the use of their church, and to the citizens of Within the last y ar, no less than twenty steamboats, Greensboro, New Geneva, an: their vicinities, for their varying from 80 to 600 ions have been built, and from kind hospitality to the delegates assembled.” 40 to 50 steam mills built for the manufacture of four On motion of Mr. Craig-Resolved. That the thanks and boards alone, on the banks of the Monongahela, of this Convention be presented to the President for whose productions, for want of the proposed improve the able, dignified, and impartial manner, in which he ment, can now only be transported io the appropriate has discharged his duties as presiding officer.". markets during short and uncertain periods of high On motion of Mr. Stewart-“Resolved, that the water. The aggregate of the mineral and manufactur. thanks of this Convention be offered to the Vice Presi. ed productions of the country of the Monongahela and dent and Secretaries, for the able and efficient manner its tributaries, have been estimated at one million of in which they have discharged their duties." dollars per annum and their agricultural productions On motion of Mr. Lazier-"Resolved, That this Conmay, we think, be safely estimated at an equal sum, and vention do now adjourn." the amount wóull of course be greatly increased by the powerful stimulus which the proposed improvement would apply to the productive energies of our country.

From the Columbia Spy. The fall in the Monongahela river has been ascertain.

DEPUTY SHERIFF. ed by repeated surveys, to be less than seven inches per mile, for nearly one hundred miles in extent, and Mr. Printer, the whole sum requred to make a perfect steamboat An interesting question has arisen and is much connavigation, by lo ks and dams, falls considerably short sidered in Lancaster county-Whether a Deputy She. of half a million of dollars; a sum altogether inconsider- riff, who has served as such for three years, is legally able, when compared with the great importance of the eligible to the office of High Sheriff. Having investiobjects to be attained; anıl, especially when it is consi. gated the matter for my own entertainment, I send dered that the proposed improvement will extend equal you the result of the examination. If you think it will facilities to the ascending and descending navigation, inform and entertain others, please place it in the Spy. and open a new and extensive market to the sugar, cot. On adverting to the law on the subj ct of constitut. ton, lea's, and other productions of the south, in ex. ing Sheriffs, from the first settlement of Pennsylvania change for the equivocal productions of this upper 19 the present day, we find, that country.

The Proprietor touk as his guide when limiting the Your memorialists, therefore, confidently trust, that time a Sheriff was to hold his office, the English Stawhen your honorable bodies consider the importance of tutes then in force. By the Charter of Privileges, the improvement proposed, and the small sum required granted by William Penn, October 1701, Section 3, for its accomplishment--when you advert to the fact the freemen in each county in Pennsylvania were au. that it is not a new and independent work, but a mere thorized to “ choose a double number of persons to extension of an improvement already in progress, to a present to the Governor for Sheriff, to serve for three higher practicable point-when you look to the mineral, years if they so long behaved themselves well, one of manufacturing, and agricultural resources of the coun. which might he commissioned by the Governor, within try through which it is to pass, and the immense and three days after, and if not commissioned in that time, diffusive benefits it will confer on the country above the first named on the presentment should stand and and below, by facilitating the commerce, and cheapen. serve for a limited time." ing the supply of important and indispensable articles to On the 19th of January, 1705, an act of the Provin. a great portion of the western states, you will not with. ciał Legislature was passed "For regulating the elechold the comparatively small amount required, from an tions of Sheriffs and Coroners,"containing, substantially overflowing treasury, for its accomplishment.

the same provisions as tlie Charter, except as to the Mr. Craig offered the following resolutions, which time the office was to be holden, which, by the act, was were unanimously adopted

limited to one year. At this time so low was the respon"Resolved, That the members of this Convention sibility of the Sheriff rated, that in Philaclelphia counhave viewed, with much gratification, the progress made ty, he was to enter into recognizance for the faithful towards the completion of the eastern section of the performance of his duty, in the sum of only £600, curChesapeake and Ohio canal; and that they do most ear. rency, and in Bucks and Chester, the only other coun: nestly pray that Congress will, during its ensuing session, lies in the then province, in the sum of $200 for each. make an appropriation for the commencement of the Nothing further occurred in legislation regarding the western section of this truly national work.

election of Sheriffs, until the act of the 14th February, Resolved, That the members of Congress, from the 1729–30; into which the 20th Section was introduced, different districts represented in this Convention, be which is as follows: “ For the more effectually prerequested to use their influence in favor of such appro- venting oppressions to his Majesty's subjects within this priation."

province,-Be it further enacted, That no Sheriff with. On motion of Mr. Stewart, it was resolved that a copy in this province shall continue in his office above three of the proceedings of this Convention, and the memo- years; and no man, who hath been Sheriff or Under rial, be forwarded to the President of the United States, Sheriff of any county, by the space of three years, shall

1833.)

ORDINANCES FOR THE GIRARD ESTATES.

233

be chosen Sheriff of that county again, within three the stat. 3d, Geo. I. chap. xv. sect. 1, 10, 11, and who years next ensuing, upon pain of forfeiting £200, by him was to act as Sheriff in case of the death or inability of who shall occupy his office, contrary to the effect and his principal. 2 Johns Rep. 73. It was this officer, intent of this act." This act, neither in its letter or strictly so called, and not a general deputy, that was inspirit, declares that a Sheriff, or Under Sherifi, who tended by this act of 1729-30. Deputy Sheriffs in Pennhas been such for three preceding years, shall not be sylvania, are the same officer as a Sheriff's General Bai. again eligible, and that his election shall be void, but liff in England, and not the officer known there as Unlays those under a forfeiture of £200, who shall occupy der Sheriff. The Under Sheriff gave security to the the offices contrary to the intent and effect of the act. King acd took a long special oath of office, before he K is a penal act, subjecting certain persons to a pen- could act. Vide 6 Bac. Abr. 150, 151. An Under alty, and it is to be construed strictly. The Sheriff oc. Sheriff has higher and different powers than a Deputy cupying the office under the circumstances specified in Sheriff, or a Deputy, as such, cannot make a Bailiff, nor the law, was liable to the forfeiture and nothing more. assign a bail bond, nor make return to writs, as Under The law did not declare the Under Sheriff ineligible by Sheriffs may do in England. 6 Bacon Abr. 154. the people, for he had never been elected by them be From the preceding we think it results, that the 20th fore nor has been since.

section of the act of 1729-30, and the act explanatory That this was the construction of this section of the of it, passed in 1830 31, never applied to a Sheriff's law at this time, is to be inferred from this—that next Deputy or General Bailiff of the Sheriff, as created in year, 1730—31, an act was passed, explanatory of the Pennsylvania, but to an Under Sheriff, an officer well act of 1729–30; which declared that the election of a known to the English law in 1730; but who, since 1776, Sheriff or Under Sheriff should be null and void, which has not been appointed, commissioned sr sworn in Pennthere would have been no need of, if the act of sylvania, unper the stat. 3d, Geo. I. cap. xv. above 1729–30 bad expressed the same thing. And even quoted. And also, that both those acts of Assembly if the 20th section of that act is in operation and effect, are repealed and superceded, first by the constitution the explanatory act being as we shall see annulled, it of 1776, and again, by the constitution of 1790; and cannot be so construed as to exclude a Deputy from therefore, that a Deputy Sheriff may be elected to the being elected Sheriff. This last mentioned act is in- office of High Sheriff, although he may have served cluded in the list of acts repealed and obsolete, inserted during the term of three years preceding such election. in 1st Smith's laws 20.

A. B, But if the acts of 1729-30, and 1730—31, rendered the election of a Sheriff or his Deputy who had been in office three years absolutely void, both those acts have ORDINANCES FOR THE MANAGEMENT OF been superceded, abrogated and repcalcd, more than

THE GIRARD ESTATES, AND GIRARD COLfifty years since.

LEGE. The 31st section of the third chapter of the Constitu- A further Ordinance for the Management of the Girard tion of Penusylvania, formed on the 28th September,

Estates. 1776, made provisiou for the election of Sheriffs and the duration of their office. This provision is incompa.

Section 1. Be it ordained and enacted by the citizens tible with the 20th section of the law of 1729-30, and of Philadelphia, in Select and Common Councils assembeing paramount and superior to all legislative enact. bled, That the Ordinance passed the 15th day of Sepments, operated as a repeal of this act, This new con

ber, Anno Domini 1832,* entitled “ An Ordinance for stitutional regulation as to Sheriffs, recognized no disa. the Management of the Girard Trusts,” except the 12th bility of a Deputy or Under Sheriff

, as a consequence and 13th sections thereof, be, and the same is hereby of his term of service. This clause of the constitution repealed. contained all that was requisite to be guarded against

Section And be it further ordained and enacted by on the subject of the election of Sheriffs, and this new the authority aforesaid, lhat annually, at the time of enactment in its nature took place and superceded all choosing a Treasurer, as provided for in the said 12th preceding ones. By it the law of 1729-30, was annul- section, the Select and 'Common Councils, in joint led. The constitutional law of 1779 continued until meeting, shall choose one suitable citizen of Philadel. 1790, when the existing constitution was a lopted. The phia, to be Agent of the Girard Estates, and who shall 6th article, section 1, contains the whole of the funda. not be a member of either Council, who shall continue mental law regarding the election of Sheriffs, and directs in office until his successor is duly constituted, and that no person shall be twice chosen or appointed She- whose especial duty it shall be to superintend all the riff, in any term of six years. The only person intended real estate in the city and county of Philadelphia, deto be excluded from election was the sheriff who had vised to the city by the late Stephen Girard, and to colbeen in office three years, for if it had bcen intended to lect the rents thereof, and to perform such other services exclude his Deputy he would have been named. Eve. appertaining thereto, as may be enjoined upon him by sy citizen has a right to be elected to and enjoy any of- ordinance or resolution of Councils. fice, unless he is excluded by the constitution of the

Section 3. And be it further ordained and enacted by state, or a law made under and consistent with it. Nei- the authority aforesaid, That the said Agent, before ther can the right of a citizen who had been once a De- entering upon the duties of his said office, shall give puty Sheriff, to be elected to and enjoy the office of bond, with two sufficient sureties; approved by the Sheriff be taken away but by express words. It is an Mayor, to the Mayor, Aldermen and Citizens of Philainvaluable franchise of which he cunnot be deprived, delphia, in the penal sum of fifteen thousand dollars,conby mere construction. “For preventing oppression to ditioned for the faithful performance of the duties of his Majesty's subjects," one hundred and three years

his office. since, a legal provision excluding an Under Sheriff of

Section 4. And be it further ordained and enacted by three years service from being chosen Sheriff of the the authority aforesaid, That immediately after the county, might have been expedient, but the republican passage of this ordinance, and annually thereafter, at makers of the constitution of 1776, and 1790, valued the first meeting of Councils, the Select and Common more highly, and treated more tenderly, the right of the Councils shall each choose, by ballot, four members of citixen, who had been either a Deputy or Under She each Conucil, who, together with the Mayor of the riff, and left him without restriction, and the people at city, shall constitute a Board of Commissioners of the liberty to make a High Sheriff of him, if they pleased.

Girard Estates, who shall meet once in each week, a At the time of passing the law of 1729-30, there was majority of whom shall be a quorum, with authority to an officer, known under the name of Under Sheriff of the county, who was appointed by special direction of

See Reg. Vol. X. p. 190.
VOL. XII.

SO

lease or rent the real estate in the city and county of real estate,) and by such other suggestions for the inPhiladelphia, devised to the city by Stephen Girard, formation of Councils as may seem to them important. whenever the same or any part thereof shall be vacant, Section 10. And be it further ordained and enacted to take all necessary and proper measures for its pre- by the authority aforesaid, That the said Treasurer servation and repairs, and for the recovery and collec. shall prepare, and present to Councils, at the first meettion of the rents accruing thereon, and whose duty iting in each year, a detailed account, in duplicate, conshall be to attend to the investment of all moneys in the cerning the moneys arising from the estate of Stephen hands of the said Treasurer, which, in pursuance of Girard, and the investment and application thereof; and the will of Stephen Girard, or of any ordinance or reso- also a concise but plain account of the state of the lution of Councils, it may be necessary to invest, and trusts, and of the deyises and bequests of the said Steshall exercise a general supervision and superinten. phen Girard, for the year ending the 31st December dence over the subjects referred to in this ordinance, next preceding.. And he shall, moreover, furnish to and to perform such other duties as by this or any other Councils, immediately after the expiration of each quarordinances or resolutions of Councils may be required; ter, an exhibit of all the receipts and disbursements of and to appoint a suitable person, if such appointment the fund, and such other information, within the scope should be deemed necessary by the Commissioners, to of his duties, as the Board of Commissioners, hereinbeinspect and superintend all the lands and farms lying fore provided for, or Councils, may from time to time in the county of Philadelphia, and make report to the require. Commissioners, whose compensation shall be fixed by Section 11. And be it further ordained and enacted the said Commissioners; provided it does not exceed by the authority aforesaid, That the salary of the the sum of five hundred dollars per annum. Provided Agent shall be fifteen hundred dollars per annum, and always, that all leases and agreements for the renting of the salary of the Treasurer shall be fifteen hundred dolreal estate, shall be executed by the Mayor, for and in lars per annum, payable quarterly out of the Girard behalf of the Mayor, Aldermen and Citizens of Phila- Fund. delphia.

Section 12. And be it further ordained aud enacted Section 5. And be it further ordained and enacted by the authority aforesaid, That a Joint Committee of by the authority aforesaid, That the said Board shall three members from each Council shall, until it be othkeep regular minutes of their proceedings, and all or erwise ordered, bave charge of the real estate out of ders by them made, and may appoint a Secretary, and the city and county of Philadelphia, devised to the city assign to him a reasonable compensation.

by Stephen Girard, with like powers in relation to its Section 6. And be it further ordained and enacted management, as the several standirig committees upon by the authority aforesaid, That the Agent shall, at city property have. least twice in each week, justly and truly account with Section 13. And be it further ordained and enacted the Treasurer for all moneys that may come into his by the authority aforesaid, That the Board of Commishands, and pay over the same to the said Treasurer. sioners created by this ordinance, may occupy any And in case of the failure or refusal of such Agent to suitable building belonging to the Girard Estates, for account or pay over, it shall be the duty of the Treasu- the purpose of conducting their business, and securrer to report ihe same immediately to the Presidents of ing all papers, documents and vouchers relating there. the Select and Common Councils, who shall forthwith to. call a meeting of Councils, who may remove the said Section 14. And be it further ordained and enacted Agent from office.

by the authority aforesaid, That the books, records and Section 7. And be it further ordained and enacted documents of the Board of Commissioners shall be open by the authority aforesaid, That the said Treasurer to the inspection of the members of the Select and shall receive all money arising out of the real or person. Common Councils. al estate devised and bequeathed to the city by Stephen Section 15. And be it further ordained and enacted Girard, and shall forth with deposit the same in such by the authority aforesaid, That no member of the Se. incorporated bank, within the city, as the Board of lect and Common Councils shall hold any station whatCommissioners hereinbefore provided for, or the Coun. ever to which emolument or compensation may be atcils, may direct; and he shall keep full, clear and accu- tached in anywise connected with the Estate of Stepben rate accounts of all his receipts and disbursements, in Girard, or the trusts created by his will; nor shall any such form, and with such securities against fraud, as the such member, or any officer or agent by them appointBoard of Commissioners hereinbefore provided for shall ed, or any officer of the Corporation of Philadelphia, approve, or as the Councils may direct. Provided, that be appointed or employed, or directly or indirectly he sball exactly comply with all directions relating to interested or concerned in any contract, engagement or the mode of keeping his accounts contained in the will arrangement for doing any work, or furnishing any of Stephen Girard, and especially in the 24th section materials whereby any profit or advantage may enure thereof: and provided further, that such system of ac to him, in anywise connected with the Girard Estate or counts shall correspond as nearly as may be practicable Trusts. with that now used by the City Treasurer.

Section 16. And be it further ordained and enacted Section 8. And be it further ordained and enacted by the authority aforesaid, That a Special Standing Com. by the authority aforesaid, That the said Treasurer shall mittee of Accounts, consisting of three members of each pay no moneys except upon the warrant of the Mayor, Council, shall be chosen annually by ballot of each founded upon an actual appropriation by Councils, un Council, at a stated meeting of Councils in October, wbo less where such moneys are to be drawn for the pur. shall examine quarterly, or oftener if they shall deem it pose of investing; and the warrant of the Mayor shall necessary, the Treasurer's account comparing the actual be founded in all cases on a requisition of a majority of receipts and expenditures with the entries and exhibits the Board of Commissioners hereinbefore provided for, thereof. They shall ascertain by reference to the consetting forth distinctly its object.

tracts, engagements, resolutions and records of the Section 9. And be it further ordained and enacted by Board of Commissioners, or of any ordinances or resothe authority aforesaid, That the said Board shall pre- lutions of Councils, in such manner as may be satisfacpare, and present to Councils, at the first meeting in tory to them. They shall compare the sums received January, April, July, and October of each year, a report and paid with the sums actually charged and credited in duplicate of their proceedings for the three months in the Treasurer's account, and as soon as they have ending on the 31st of December, the 31st of March, the completed their quarterly investigation, or as often as 30th of June, and the 30th of September next preced- they may deem it expeclient, report the same to Coun. ing, accompanied by an estimate of the appropriations cils. necessary for the management of the Girard Estate (in-| Enacted into an ordinance this tenth day of January, cluding the improvement, preservation, and repairs of' A.D. 1833.

1833.)

RULES FOR THE GOVERNMENT OF THE GIRARD ESTATE,

233

RULES

of such joint meeting to cause publication to be made For the Government of the Board of Commissioners of the at least four of the daily newspapers printed

in the city immediately thereafter, of all the names so recorded, in Girard Estates.

of Philadelphia, three times in each. Section 1. The officers and agents of the Board shall Section 3. And be it further ordained and enacted by be a President, a Secretary, an Agent of farms and lots, the authority aforesaid, That the Select and Common and a Messenger: all of whom shall hereafter be elected Councils shall assemble in joint meeting on the second by ballot annually in October.

Monday in February next, and shall then and there Section 2. The salary of the Secretary shall be $400 choose, by ballot, fifteen citizens of Philadelphia, not per annum. He shall perform all the duties usually members of either Council to be trustees of the Girard performed by secretaries, in such manner as the Board College. may direct, and shall attend at the office two hours eve Section 4. And be it further ordained and enacted by ry day.

the authority aforesaid, That as soon as the said elecSection 3. The salary of the Messenger shall be $200 tions shall be completed, the Clerks of the Select and per annum.

Common Councils shall divide the persons so chosen, Section 4. The Board shall be divided into three by lot, into three classes, of five each, the first class to standing committees, of three members each.

serve one year, the second to serve two years, and the 1. A Committee on Real Estate, who shall have the third to serve three years, and shall record the result more immediate care of the buildings belonging to the upon the minutes of the joint meeting. estate in the city and liberties.

Section 5. And be it further ordained and enacted by 2. A Committee on Farms and Lots, who shall have the authority aforesaid, That on the second Monday in charge of that description of the property of the estate, February of each succeeding year, the Select and comwhich they shall visit at least twice in each year; and mon Councils, in joint meeting, shall elect five citizens whose duty it shall be to consider whatever relates to of Philadelphia, not members of either Council, to serve the improvement of lots by building upon them, or dis- as Trustees of the Girard College for the term of three posing of them by lease.

years next ensuing, and to supply the place of those 3. A Committee of Accounts and Finance, who shall whose term of service shall have expired. examine all accounts presented to the Board, and who Section 6. And be it further ordained aud enacted by shall have all matters relating to stocks and investments the authority aforesaid, That any vacancy in the Board under its care.

of Trustees, arising from the death, resignation, or reSection 5. The stated meetings of the Board shall be moval from the city of any member, or from the circumheld on the evenings of Saturday in each week, at seven stance of any person elected declining 1o serve, shall be o'clock, from the first of November to the first of April, supplied by a special election, to be had as early as conand the remainder of the year on Tuesday mornings at venient after such vacancy is known to exist. nine o'clock.

Section 7. And be it further ordained and enacted by Section 6. Special meetings of the Board may be the authority aforesaid, That the Trustees first chosen called by the President, or at the request of two mem- shall meet within ten days after their appointment, and bers. The Secretary shall insert on the notices of such shall elect one of their own number to be President, and meetings the object of the call, and no other business one other person, not of their own number, to be Secreshall be transacted without the consent of all the mem- tary of the Board, and that the election of President and bers present.

Secretary shall take place, in each succeeding year, at Section 7. The order of business at the stated meet the meeting next after the second Monday in February. ings shall be,

Section 8. And be it further ordained and enacted by 1. The roll called and the minutes of the preceding the authority aforesaid, That the Secretary so chosen meeting read, corrected if necessary, and adopted. shal keep regular minutes of the proceedings and trans2. Communications from the Treasurer.

actions of the Board, and shall perform such other ser3. Communications from the Agent.

vices as the Councils or the Trustees may from time to 4. Communications from the Agent of Farms. time require, for all which he shall receive a reasonable 5. Reports of Committees.

compensation, to be fixed by the Board of Trustees, 6. Unfinished business from the minutes.

not exceeding six hundred dollars per annum, payable Section 8. The office hours of the Treasurer shall be quarterly. from pine o'clock A. M. to three o'clock P. M.

Section 9. And be it further ordained and enacted by Section 9. That the President shall appoint all Com- the authority aforesaid, That no member of the said mittees, unless otherwise ordered by the Board. Board of Trustees shall be allowed or receive any com

pensation for his services, directly or indirectly, nor An Ordinance for the management of the Girard College. shall any member of the said Board, or of the Select or

Common Council, at any time, hold any station or perSection 1. Be it ordained and enacted by the citizens form any work or duty, to which compensation or emoof Philadelphia, in Select and Common Councils assem- lument may be attached, relating to the said college, nor bled, That the Mayor of the city, the President of the shall such member of the Board, or any officer, or agent Select Council, and the President of the Common Coun by them appointed, or any member of the Select or cil, for the time being, and fifteen other persons, to be Common Council, be directly or indirectly concerned chosen in the manner hereinafter specified, shall consti- in any contract, arrangement, or engagement, for doing tute a Board of Directors of the Girard College, whose any work, or furnishing any materials, whereby any duty it shall be to superintend the organization and ma- profits or advantage may ensue to him, relating to the nagement of the said college in conformity with the erection or management of said college. will of the late Stephen Girard, and with such ordi Section 10. And be it further ordained and enacted nances as the Select and Common Councils may from by the authority aforesaid, That it shall be the duty of time to time enact in relation thereto.

the said Trustees, as soon as practicable, to prepare Section 2. And be it further ordained and enacted by and submit to Councils for their approbation, the plan the authority aforesaid, that the Select and Common of a system of government and instruction for the said Councils shall asseinble in joint meeting, on the first college, having reference to the provisions of the will Monday of February in each year, and shall then and of Stephen Girard, so far as they are express upon this there record the names of such citizens of the city of subject. Philadelphia as may by any member or members of ci Section 11. And bc it further ordained and enacted ther of the Councils be proposed as members of such by the authority aforesaid, that the Trustees of the board of trustees, and it shall be the duty of the clerks í Girard College shall, from time to time, as occasion may

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