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1833.1

Greene county.

Joseph Davison,
Thomas Lucas,
Thomas Hughes,
Benj. F. Bl.ck,

George Reppart,
Benjamin Campbell.

James Barnes,
Eli Bailey,
Isaac Bursen,
Daniel Boughner,
Thomas Maple,

MONONGAHELA RIVER.

Those marked thus (*) were not present. Mr. Haymond, from Monongalia, offered the following resolution

Resolved, That a committee of two members from each county here represented, be appointed, whose du ty it shall be to report, as soon as practicable, the man ner in which the object of this convention can be best effected."

Mr. Stewart offered the following resolutions as amendments.

"Resolved, That a committee of eight persons be appointed to report the best plan for the improvement of the Monongahela river."

After considerable discussion, the above resolutions were adopted, and the following committees appointed On the first resolution, Messrs. Haymond, Gay, Sandy, Kincheloe, Cox, Byrne, Arthurs, Davis, Hill, Findley, Black, Boughner, Nicholson, Bowman, Powers, and Plummer. On the second resolution, Messis Sloan, Arthurs, Plummer, Findley, Barns, Ray, Johnson, and Sharp. On the third resolution, Messrs. Stewart, Craig, Beazel, Love, Hughes, McGee, and Newlin.

gether with a considerable portion of our dry goods,
which articles are now carried, in times of freshets, in
Keel and Steamboats, as high up the river as Morgan.
town, in Virginia.

This convention, conceiving the improvement of the
Monongahela river to be a work of great national im-
portance, and from the present flourishing state of thə
finances of the country, and believing the time has ar-
rived when they may sicces fully ask of the government
of the United States, an appropriation of money for
carrying into effect so desirable an object, have come
to the following resolutions:

Resolved, by this Convention, That the improvement of the navigation of the Monongahela river, is a su' ject of deep interest to the people we represent, as well as to the whole surrounding country, and that in our opinion, it is of sufficient national importance to justify the Government of the United States in making an im mediate appropriation to complete the improvement of so much of the said river as the survey, plan, and estimate, may require."

Resolved, That the President of the United States be earnestly requested to direct a continuation of the survey, plan, and estimate, for improving the Monongahela river to such points on the said river, as may be susceptible of improvement, and the interests of the country may require.

Mr. Sloan from the committee appointed to report the best pln for improving the Monongahela river, made the following report.

"The committee appointed to report a plan for the improvement of the Monongahela river,have taken that subject under consider tion, and report to the Convention-That the best mode of improving the navigation of that river will be by Locks and Dams."

The convention adjourned to meet to morrow morn ing, at 9 o'clock.

Wednesday, Sept. 26.—The convention assembled in pursuance of adjournment. The names of the Dele gates were called over.

On motion of Mr. Black, Messrs. Irons and Stone, were admitted as delegates to supply vacancies in the delegation from Greene county, and on motion of Mr. Gay, the report of Dr. Howard was read.

On motion of Mr. Christy, Edgar C. Wilson, member of Congress, elect, from Virginia, was admitted to a seat inthis convention.

Mr. Haymond, from the committee appointed to report the manner in which the objects of this meeting can be best attained, reported the following preamble and resolutions, which were unanimously adopted

On the adoption of this report, Mr. Stewart asked for a division of the House, which was granted; when the ayes were 46, noes 6.

Mr. Stewart, from the committee to prepare a memorial, reported the following, which was unanimously adopted:―

"We, the representatives in the convention here assembled, having been called together by the spontaneous voice of the people whom we represent, feeling a deep interest in common with the people living upon the Monongahela river, and its tributary streams, a country already advancing to a high state of improvement.increasing in agricultural productions and manufacturing institutions, with a valley extending from Pittsburg about one hundred and fifty miles into Virginia, with a soil capable of great improvement, sustaining a rapidly increasing population, possessing inexhaustible beds of Iron Ore, Stone Coal, and other valuable minerals, the use and manufacture of which may be extended to any amount; having, too, immense forests of the finest timber on the western waters, used, in the present imperfect navigation of the river, altogether for building boats that ply upon the Ohio and Mississippi rivers, the transportation of which can now only be effected in times of high water.

MEMORIAL.

To the Honorable, the Senate and House of Representatives of the United States, in Congress assembled: The petition of the undersigned citizens of the western parts of Pennsylvania and Virginia, respectfully represents:

That as friends of a general and diffusive system of national improvement, extending alike to all parts of our common country, they contemplate with high satisfaction, the period as at hand, if not actually arrived, when the extinguishment of the national debt must leave a very large surplus of revenue, applicable to objects of national improvement, uniting and binding more firmly together the distant parts of our happy Union, by the strong and enduring bonds of mutual dependence, That among resulting from mutual intercourse, and advancing at the same time the commercial prosperity of our country in peace, its strength and security in war. the objects of improvement having just claims to a participation in the national bounty, the undersigned feel warranted in presenting the Monongahela river as one worthy of your favorable consideration, and the more but an extension of an improvement already in progress, especially, when it is considered that this will be in fact under the act of 1824, for the improvement of the Ohio and Mississippi to a higher practical point, and to which point this improvement must and will, we trust, beg leave respectfully to state some of the considerabe ultimately extended-and here your memorialists tions which would indicate the present as the proper period for such extension.

For transportation down the river, we have the productions of our agricultural pursuits, and our lumber, our immense beds of coal, our manufuctured iron, glass, and paper, the gross value of which may be estimated at one million of dollars annually.

We are dependant upon the salt works near PittsThe country bordering on the Monongahela and its burg for our supply of that indispensible article, used in immense quantities in our region of country for stock, manufacturing purposes, and family consumption. The tributaries, whether considered in reference to its agriproductions and resources, is not surpassed by any por. larger portion of our groceries, such as sugar, lead, cof-cultural and manufacturing capabilities, or its mineral &c. are also procured from Pittsburgh, tofee, tea,

tion of country of the same extent and population between this district and the city of New Orleans.

by the officers of this Convention, with a letter, requesting his early attention to the subject.

On motion of Mr Gay-"Resolved, That 500 copies of the reports and memorial of the Committees appointed in this Convention, be printed and circulated.

On motion of Mr. Stewart-"Resolved, That the dif ferent printers in the counties represented in this Con ventio, and others favorable to its object, be requested to publish the proceedings of this Convention.

On motion of Mr. Byrne-"Resolved, That each member of the Convention be furnished with a printed copy of these proceedings, by the Secretary.

On motion of Mr. Stewart-"Resolved, That the thanks of this Convention be tendered to the Presbyte rian and Lutheran congregations, in Greensboro and vicinity, for their liberality in affording to the Conven tion the use of their church, and to the citizens of Greensboro, New Geneva, and their vicinities, for their kind hospitality to the delegates assembled."

The coal excavated from inexhaustible mines, on the banks of the Monongahela, for more than a hundred miles in extent, now actually supplies the markets, propels the machinery, and feeds the fires of the principal cities and towns on the Ohio and Mississippi. The ore and iron supplied by the same region keep in operation at least one hundred furnaces, forges, rolling and slitting mills, and other iron factories, supplying the new and growing states of the west with this necesssry and indispensable article. No less than twenty glass works, manufacturing an average of 4,000 boxes each, per annum -eight ext nsive paper mills, besides a number of other mnafacturing establishments, of cotton, wool, &c., are now in operation within a distance of fi ty miles along the Monongahela, and their number rapidly increasing. Within the last y ar, no less than twenty steamboats, varying from 80 to 600 ons have been built, and from 40 to 50 steam mills built for the manufacture of flour and boards alone, on the banks of the Monongahela, whose productions, for want of the proposed improve ment, can now only be transported to the appropriate markets during short and uncertain periods of high water. The aggregate of the mineral and manufactured productions of the country of the Monongahela and its tributaries, have been estimated at one million of dollars per annum and their agricultural productions may, we think, be safely estimated at an equal sum, and the amount would of course be greatly increased by the powerful stimulus which the proposed improvement would apply to the productive energies of our country.

The fall in the Monongahela river has been ascertained by repeated surveys, to be less than seven inches per mile, for nearly one hundred miles in extent, and the whole sum required to make a perfect steamboat navigation, by lo ks and dams, falls considerably short of half a million of dollars; a sum altogether inconsider-riff, able, when compared with the great importance of the objects to be attained; and, especially when it is considered that the proposed improvement will extend equal facilities to the ascending and descending navigation, and open a new and extensive market to the sugar, cotton, lea, and other productions of the south, in exchange for the equivocal productions of this upper country.

Your memorialists, therefore, confidently trust, that when your honorable bodies consider the importance of the improvement proposed, and the small sum required for its accomplishment--when you advert to the fact that it is not a new and independent work, but a mere extension of an improvement already in progress, to a higher practicable point-when you look to the mineral, manufacturing, and agricultural resources of the country through which it is to pass, and the immense and diffusive benefits it will confer on the country above and below, by facilitating the commerce, and cheapening the supply of important and indispensable articles to a great portion of the western states, you will not withhold the comparatively small amount required, from an overflowing treasury, for its accomplishment.

Mr. Craig offered the following resolutions, which were unanimously adopted

"Resolved, That the members of this Convention have viewed, with much gratification, the progress made towards the completion of the eastern section of the Chesapeake and Ohio canal; and that they do most ear nestly pray that Congress will, during its ensuing session, make an appropriation for the commencement of the western section of this truly national work.

Resolved, That the members of Congress, from the different districts represented in this Convention, be requested to use their influence in favor of such appropriation."

On motion of Mr. Stewart, it was resolved that a copy of the proceedings of this Convention, and the memorial, be forwarded to the President of the United States,

On motion of Mr. Craig-Resolved. That the thanks of this Convention be presented to the President. for the able, dignified, and impartial manner, in which he has discharged his duties as presiding officer."

On motion of Mr. Stewart-"Resolved, That the thanks of this Convention be offered to the Vice Presi dent and Secretaries, for the able and efficient manner in which they have discharged their duties."

On motion of Mr. Lazier-"Resolved, That this Convention do now adjourn."

From the Columbia Spy.
DEPUTY SHERIFF.

Mr. Printer,—

An interesting question has arisen and is much considered in Lancaster county-Whether a Deputy Shewho has served as such for three years, is legally eligible to the office of High Sheriff. Having investigated the matter for my own entertainment, I send you the result of the examination. If you think it will inform and entertain others, please place it in the Spy.

On adverting to the law on the subject of constitut. ing Sheriffs, from the first settlement of Pennsylvania to the present day, we find, that

The Proprietor took as his guide when limiting the time a Sheriff was to hold his office, the English Statutes then in force. By the Charter of Privileges, granted by William Penn, October 1701, Section 3, the freemen in each county in Pennsylvania were authorized to "choose a double number of persons to present to the Governor for Sheriff, to serve for three years if they so long behaved themselves well, one of which might be commissioned by the Governor, within three days after, and if not commissioned in that time, the first-named on the presentment should stand and serve for a limited time."

On the 12th of January, 1705, an act of the Provin. cial Legislature was passed "For regulating the elec tions of Sheriffs and Coroners," containing,substantially the same provisions as the Charter, except as to the time the office was to be holden, which, by the act, was limited to one year. At this time so low was the responsibility of the Sheriff rated, that in Philadelphia county, he was to enter into recognizance for the faithful performance of his duty, in the sum of only £600, currency, and in Bucks and Chester, the only other coun ties in the then province, in the sum of $200 for each. Nothing further occurred in legislation regarding the election of Sheriffs, until the act of the 14th February, 1729-30; into which the 20th Section was introduced, which is as follows: "For the more effectually preventing oppressions to his Majesty's subjects within this province, Be it further enacted, That no Sheriff within this province shall continue in his office above three years; and no man, who hath been Sheriff or Under Sheriff of any county, by the space of three years, shall

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the stat. 3d, Geo. I. chap. xv. sect. 1, 10, 11, and who
was to act as Sheriff in case of the death or inability of
his principal. 2 Johns Rep. 73. It was this officer,
strictly so called, and not a general deputy, that was in-
tended by this act of 1729-30. Deputy Sheriffs in Penn-
sylvania, are the same officer as a Sheriff's General Bai-
liff in England, and not the officer known there as Un-
der Sheriff. The Under Sheriff gave security to the
Vide 6 Bac. Abr. 150, 151. An Under
King acd took a long special oath of office, before he
Sheriff has higher and different powers than a Deputy
Sheriff, or a Deputy, as such, cannot make a Bailiff, nor
assign a bail bond, nor make return to writs, as Under
Sheriffs may do in England. 6 Bacon Abr. 154.

From the preceding we think it results, that the 20th
section of the act of 1729-30, and the act explanatory
of it, passed in 1830 31, never applied to a Sheriff's
Deputy or General Bailiff of the Sheriff, as created in
Pennsylvania, but to an Under Sheriff, an officer well
known to the English law in 1730; but who, since 1776,
has not been appointed, commissioned sr sworn in Penn-
And also, that both those acts of Assembly
sylvania, unper the stat. 3d, Geo. I. cap. xv. above
quoted.
are repealed and superceded, first by the constitution
of 1776, and again, by the constitution of 1790; and
therefore, that a Deputy Sheriff may be elected to the
office of High Sheriff, although he may have served
during the term of three years preceding such election.

A. B.

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ORDINANCES FOR THE GIRARD ESTATES.

1833.]

be chosen Sheriff of that county again, within three years next ensuing, upon pain of forfeiting £200, by him who shall occupy his office, contrary to the effect and This act, neither in its letter or intent of this act," spirit, declares that a Sheriff, or Under Sherifi, who has been such for three preceding years, shall not be again eligible, and that his election shall be void, but lays those under a forfeiture of £200, who shall occupy the offices contrary to the intent and effect of the act. It is a penal act, subjecting certain persons to a pen-could act. alty, and it is to be construed strictly. The Sheriff occupying the office under the circumstances specified in the law, was liable to the forfeiture and nothing more. The law did not declare the Under Sheriff ineligible by the people, for he had never been elected by them before nor has been since.

That this was the construction of this section of the law at this time, is to be inferred from this-that next year, 1730-31, an act was passed, explanatory of the act of 1729-30; which declared that the election of a Sheriff or Under Sheriff should be null and void, which there would have been no need of, if the act of 1729-30 had expressed the same thing. And even if the 20th section of that act is in operation and effect, the explanatory act being as we shall see annulled, it cannot be so construed as to exclude a Deputy from being elected Sheriff. This last mentioned act is included in the list of acts repealed and obsolete, inserted in 1st Smith's laws 20.

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

Estates.

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 assemThis new con-ber, Anno Domini 1832, entitled "An Ordinance for being paramount and superior to all legislative enact- bled, That the Ordinance passed the 15th day of Sepments, operated as a repeal of this act. 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 This clause of the constitution repealed. of his term of service. contained all that was requisite to be guarded against on the subject of the election of Sheriffs, and this new enactment in its nature took place and superceded all preceding ones. By it the law of 1729-30, was annulied. The constitutional law of 1779 continued until 1790, when the existing constitution was adopted. The 6th article, section 1, contains the whole of the fundamental law regarding the election of Sheriffs, and directs that no person shall be twice chosen or appointed Sheriff, in any term of six years. The only person intended to be excluded from election was the Sheriff who had Eve. been in office three years, for if it had been intended to exclude his Deputy he would have been named. ry citizen has a right to be elected to and enjoy any office, unless he is excluded by the constitution of the state, or a law made under and consistent with it. Neither can the right of a citizen who had been once a Deputy Sheriff, to be elected to and enjoy the office of Sheriff be taken away but by express words. It is an invaluable franchise of which he cannot be deprived, by mere construction. "For preventing oppression to his Majesty's subjects," one hundred and three years since, a legal provision excluding an Under Sheriff of three years service from being chosen Sheriff of the County, might have been expedient, but the republican makers of the constitution of 1776, and 1790, valued more highly, and treated more tenderly, the right of the citixen, who had been either a Deputy or Under Sheriff, and left him without restriction, and the people at liberty to make a High Sheriff of him, if they pleased.

At the time of passing the law of 1729-30, there was an officer, known under the name of Under Sheriff of the county, who was appointed by special direction of VOL. XII.

SO

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 been superceded, abrogated and repealed, more than fifty years since.

THE GIRARD ESTATES, AND GIRARD COL-
LEGE.
ORDINANCES FOR THE MANAGEMENT OF

Section 2. And be it further ordained and enacted by the authority aforesaid, That annually, at the time of choosing a Treasurer, as provided for in the said 12th section, the Select and Common Councils, in joint meeting, shall choose one suitable citizen of Philadelphia, to be Agent of the Girard Estates, and who shall not be a member of either Council, who shall continue in office until his successor is duly constituted, and whose especial duty it shall be to superintend all the real estate in the city and county of Philadelphia, devised to the city by the late Stephen Girard, and to colappertaining thereto, as may be enjoined upon him by lect the rents thereof, and to perform such other services ordinance or resolution of Councils.

Section 3. And be it further ordained and enacted by the authority aforesaid, That the said Agent, before Mayor, to the Mayor, Aldermen and Citizens of Philaentering upon the duties of his said office, shall give bond, with two sufficient sureties; approved by the his office. delphia, in the penal sum of fifteen thousand dollars, conditioned for the faithful performance of the duties of

Section 4. And be it further ordained and enacted by the authority aforesaid, That immediately after the passage of this ordinance, and annually thereafter, at the first meeting of Councils, the Select and Common Councils shall each choose, by ballot, four members of Girard Estates, who shall meet once in each week, a each Conucil, who, together with the Mayor of the city, shall constitute a Board of Commissioners of the majority of whom shall be a quorum, with authority to

See Reg. Vol. X. p. 190.

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 it ing in each year, a detailed account, in duplicate, con. shall 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 devises 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 the said Commissioners; provided it does not exceed the sum of five hundred dollars per annum. Provided always, that all leases and agreements for the renting of real estate, shall be executed by the Mayor, for and in behalf of the Mayor, Aldermen and Citizens of Philadelphia.

Section 5. And be it further ordained and enacted by the authority aforesaid, That the said Board shall keep regular minutes of their proceedings, and all orders by them made, and may appoint a Secretary, and assign to him a reasonable compensation.

Section 6. And be it further ordained and enacted by the authority aforesaid, That the Agent shall, at least twice in each week, justly and truly account with the Treasurer for all moneys that may come into his hands, and pay over the same to the said Treasurer. And in case of the failure or refusal of such Agent to account or pay over, it shall be the duty of the Treasurer to report the same immediately to the Presidents of the Select and Common Councils, who shall forthwith call a meeting of Councils, who may remove the said Agent from office.

Section 7. And be it further ordained and enacted by the authority aforesaid, That the said Treasurer shall receive all money arising out of the real or personal estate devised and bequeathed to the city by Stephen Girard, and shall forthwith deposit the same in such incorporated bank, within the city, as the Board of Commissioners hereinbefore provided for, or the Councils, may direct; and he shall keep full, clear and accurate accounts of all his receipts and disbursements, in such form, and with such securities against fraud, as the Board of Commissioners hereinbefore provided for shall approve, or as the Councils may direct. Provided, that he shall exactly comply with all directions relating to the mode of keeping his accounts contained in the will of Stephen Girard, and especially in the 24th section thereof: and provided further, that such system of accounts shall correspond as nearly as may be practicable with that now used by the City Treasurer.

Section 8. And be it further ordained and enacted by the authority aforesaid, That the said Treasurer shall pay no moneys except upon the warrant of the Mayor, founded upon an actual appropriation by Councils, unless where such moneys are to be drawn for the purpose of investing; and the warrant of the Mayor shall be founded in all cases on a requisition of a majority of the Board of Commissioners hereinbefore provided for, setting forth distinctly its object.

Section 9. And be it further ordained and enacted by the authority aforesaid, That the said Board shall prepare, and present to Councils, at the first meeting in January, April, July, and October of each year, a report in duplicate of their proceedings for the three months ending on the 31st of December, the 31st of March, the 30th of June, and the 30th of September next preceding, accompanied by an estimate of the appropriations necessary for the management of the Girard Estate (including the improvement, preservation, and repairs of

Section 11. And be it further ordained and enacted by the authority aforesaid, That the salary of the Agent shall be fifteen hundred dollars per annum, and the salary of the Treasurer shall be fifteen hundred dollars per annum, payable quarterly out of the Girard Fund.

Section 12. And be it further ordained aud enacted by the authority aforesaid, That a Joint Committee of three members from each Council shall, until it be otherwise ordered, have charge of the real estate out of the city and county of Philadelphia, devised to the city by Stephen Girard, with like powers in relation to its management, as the several standing committees upon city property have.

Section 13. And be it further ordained and enacted by the authority aforesaid, That the Board of Commissioners created by this ordinance, may occupy any suitable building belonging to the Girard Estates, for the purpose of conducting their business, and securing all papers, documents and vouchers relating there. to.

Section 14. And be it further ordained and enacted by the authority aforesaid, That the books, records and documents of the Board of Commissioners shall be open to the inspection of the members of the Select and Common Councils.

Section 15. And be it further ordained and enacted by the authority aforesaid, That no member of the Select and Common Councils shall hold any station whatever to which emolument or compensation may be attached in anywise connected with the Estate of Stephen Girard, or the trusts created by his will; nor shall any such member, or any officer or agent by them appointed, or any officer of the Corporation of Philadelphia, be appointed or employed, or directly or indirectly interested or concerned in any contract, engagement or arrangement for doing any work, or furnishing any materials whereby any profit or advantage may enure to him, in anywise connected with the Girard Estate or Trusts.

Section 16. And be it further ordained and enacted by the authority aforesaid, That a Special Standing Committee of Accounts, consisting of three members of each Council, shall be chosen annually by ballot of each Council, at a stated meeting of Councils in October, who shall examine quarterly, or oftener if they shall deem it necessary, the Treasurer's account comparing the actual receipts and expenditures with the entries and exhibits thereof. They shall ascertain by reference to the contracts, engagements, resolutions and records of the Board of Commissioners, or of any ordinances or resolutions of Councils, in such manner as may be satisfactory to them. They shall compare the sums received and paid with the sums actually charged and credited in the Treasurer's account, and as soon as they have completed their quarterly investigation, or as often as they may deem it expedient, report the same to Councils.

Enacted into an ordinance this tenth day of January, A. D. 1833.

RULES

of such joint meeting to cause publication to be made immediately thereafter, of all the names so recorded, in

For the Government of the Board of Commissioners of the at least four of the daily newspapers printed in the city Girard Estates. of Philadelphia, three times in each.

Section 1. The officers and agents of the Board shall be a President, a Secretary, an Agent of farms and lots, and a Messenger: all of whom shall hereafter be elected by ballot annually in October.

Section 2. The salary of the Secretary shall be $400 per annum. He shall perform all the duties usually performed by secretaries, in such manner as the Board may direct, and shall attend at the office two hours every day.

Section 3. The salary of the Messenger shall be $200 per annum.

Section 4. The Board shall be divided into three standing committees, of three members each.

1. A Committee on Real Estate, who shall have the more immediate care of the buildings belonging to the estate in the city and liberties.

2. A Committee on Farms and Lots, who shall have charge of that description of the property of the estate, which they shall visit at least twice in each year; and whose duty it shall be to consider whatever relates to the improvement of lots by building upon them, or disposing of them by lease.

3. A Committee of Accounts and Finance, who shall examine all accounts presented to the Board, and who shall have all matters relating to stocks and investments under its care.

Section 5. The stated meetings of the Board shall be held on the evenings of Saturday in each week, at seven o'clock, from the first of November to the first of April, and the remainder of the year on Tuesday mornings at nine o'clock.

Section 6. And be it further ordained aud enacted by the authority aforesaid, That any vacancy in the Board of Trustees, arising from the death, resignation, or removal from the city of any member, or from the circumstance of any person elected declining to serve, shall be supplied by a special election, to be had as early as convenient after such vacancy is known to exist.

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,

1. The roll called and the minutes of the preceding meeting read, corrected if necessary, and adopted.

2. Communications from the Treasurer. 3. Communications from the Agent.

Section 8. And be it further ordained and enacted by the authority aforesaid, That the Secretary so chosen shall keep regular minutes of the proceedings and transactions of the Board, and shall perform such other services as the Councils or the Trustees may from time to time require, for all which he shall receive a reasonable compensation, to be fixed by the Board of Trustees, not exceeding six hundred dollars per annum, payable quarterly.

4. Communications from the Agent of Farms. 5. Reports of Committees.

6. Unfinished business from the minutes. Section 8. The office hours of the Treasurer shall be from nine o'clock A. M. to three o'clock P. M.

Section 9. And be it further ordained and enacted by the authority aforesaid, That no member of the said Board of Trustees shall be allowed or receive any compensation for his services, directly or indirectly, nor Common Council, at any time, hold any station or pershall any member of the said Board, or of the Select or form any work or duty, to which compensation or emolument may be attached, relating to the said college, nor shall such member of the Board, or any officer, or agent by them appointed, or any member of the Select or Common Council, be directly or indirectly concerned in any contract, arrangement, or engagement, for doing any work, or furnishing any materials, whereby any profits or advantage may ensue to him, relating to the erection or management of said college.

Section 10. And be it further ordained and enacted by the authority aforesaid, That it shall be the duty of the said Trustees, as soon as practicable, to prepare and submit to Councils for their approbation, the plan of a system of government and instruction for the said college, having reference to the provisions of the will of Stephen Girard, so far as they are express, upon this subject.

Section 9. That the President shall appoint all Committees, unless otherwise ordered by the Board.

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An Ordinance for the management of the Girard College. Section 1. Be it ordained and enacted by the citizens of Philadelphia, in Select and Common Councils assembled, That the Mayor of the city, the President of the Select Council, and the President of the Common Council, for the time being, and fifteen other persons, to be chosen in the manner hereinafter specified, shall constitute a Board of Directors of the Girard College, whose duty it shall be to superintend the organization and management of the said college in conformity with the will of the late Stephen Girard, and with such ordinances as the Select and Common Councils may from time to time enact in relation thereto.

Section 3. And be it further ordained and enacted by the authority aforesaid, That the Select and Common Councils shall assemble in joint meeting on the second Monday in February next, and shall then and there choose, by ballot, fifteen citizens of Philadelphia, not members of either Council to be trustees of the Girard College.

Section 2. And be it further ordained and enacted by the authority aforesaid, That the Select and Common Councils shall assemble in joint meeting, on the first Monday of February in each year, and shall then and there record the names of such citizens of the city of Philadelphia as may by any member or members of cither of the Councils be proposed as members of such board of trustees, and it shall be the duty of the clerks

Section 4. And be it further ordained and enacted by the authority aforesaid, That as soon as the said elections shall be completed, the Clerks of the Select and Common Councils shall divide the persons so chosen, by lot, into three classes, of five each, the first class to serve one year, the second to serve two years, and the third to serve three years, and shall record the result upon the minutes of the joint meeting.

Section 5. And be it further ordained and enacted by the authority aforesaid, That on the second Monday in February of each succeeding year, the Select and Common Councils, in joint meeting, shall elect five citizens of Philadelphia, not members of either Council, to serve as Trustees of the Girard College for the term of three years next ensuing, and to supply the place of those whose term of service shall have expired.

Section 11. And be it further ordained and enacted by the authority aforesaid, That the Trustees of the Girard College shall, from time to time, as occasion may

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