PRINTER'S NO. 1962
No. 1376 Session of 2008
INTRODUCED BY WAUGH, ARMSTRONG, PUNT, VANCE AND PICCOLA,
APRIL 24, 2008
REFERRED TO EDUCATION, APRIL 24, 2008
AN ACT
1 Repealing the act of March 1, 1799 (16 Sm.L.181, No.221),
2 entitled "An act to incorporate and endow an academy or
3 public school in the town of York, and for other purposes
4 therein mentioned."
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The act of March 1, 1799 (16 Sm.L.181, No.221),
8 entitled "An act to incorporate and endow an academy or public
9 school in the town of York, and for other purposes therein
10 mentioned," is repealed:
11 [An act to incorporate and endow an academy or public school in
12 the town of York, and for other purposes therein mentioned.
13 Whereas a tender is made to the legislature by the rector,
14 church-wardens and vestrymen of the Protestant Episcopal Church
15 of St. John, at Yorktown, of a large, convenient two story brick
16 building in the said town, situate in Beaver street, forty-eight
17 feet front and sixty feet in depth, together with the lot of
18 ground whereon the same is erected, which hath been occupied for
1 several years as an academy or school house, in order that the
2 same may be appropriated for a public school for the county of
3 York, and endowed in such manner as the legislature intentions
4 of the rector, church-wardens and vestrymen of the Protestant
5 Episcopal Church of St. John, at Yorktown, should be carried
6 into effect. Therefore:
7 (Section I.) (Section I, P.L.) Be it enacted by the Senate
8 and House of Representatives of the Commonwealth of
9 Pennsylvania, in General Assembly met, and is is hereby enacted
10 by the authority of the same, That the tender made by the
11 rector, church-wardens and vestrymen of the Protestant Episcopal
12 Church, of St. John, at Yorktown, to the legislature, of a large
13 two story brick building, in the town of York, situate in Beaver
14 street, forty-eight feet front and sixty feet in depth, together
15 with the lot of ground whereon the same is erected, be accepted
16 and the same is hereby accepted, anything in the act, entitled,
17 "An act to incorporate the Protestant Episcopal Church of St.
18 John at Yorktown," which prevents the said corporation from
19 alienating their estate, to the contrary notwithstanding.
20 (Section II.) (Section II, P.L.) And be it further enacted by
21 the authority aforesaid, That all right and title in and to the
22 said building and lot above described is hereby transferred,
23 conveyed to, and vested in the trustees of the York county
24 academy, hereinafter named and established, for the use and
25 benefit of the said academy.
26 (Section III.) (Section III, P.L.) And be it further enacted
27 by the authority aforesaid, That there be erected, and hereby is
28 erected and established, in the town of York, in the county of
29 York, a county school or academy, for the education of youth in
30 the learned and foreign languages, the useful arts, sciences and
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1 literature, the style, name and title of which said school or
2 academy, and the constitution thereof, shall be, and are hereby
3 declared to be, as is hereinafter mentioned and defined, that is
4 to say: First, The said academy shall be hereafter called and
5 known by the name of "The York county Academy;" Second, That the
6 said academy shall be under the management, direction and
7 government of twenty-one trustees, or a quorum or board thereof,
8 as hereinafter mentioned; Third, That the first trustees of the
9 said academy shall consist of the following persons, viz: John
10 Campbell, Jacob Goring, Daniel Waggoner, John Black, Robert
11 Kithcart, William Paxton, Thomas Hartley, James Smith, John
12 Edie, John Clark, Jacob Hay, Jacob Rudicil, Elihu Underwood,
13 William Ross, of Chanceford, Jacob Barnitz, Michael Snyder,
14 Conrad Laub, William M'Lean, William Scott, Philip Goslar and
15 George Bard, which said trustees, and their successors to be
16 elected in the manner hereinafter mentioned, shall forever
17 hereafter be, and they are hereby, erected, established and
18 declared to be one body politic and corporate, with perpetual
19 succession, in deed and in law, to all intents and purposes
20 whatsoever, by the name, style and title of "The trustees of the
21 York county academy," by which name and title they, the said
22 trustees and successors, shall be competent and capable in law
23 and equity to take to themselves and their successors, for the
24 use of the academy, any estate in any messuages, lands,
25 tenements, goods, chattels, moneys, or other effects, by the
26 gift, grant, bargain, sale, conveyance, assurance, will, devise,
27 or bequest, of any person or persons whatsoever, provided the
28 same do not exceed in the whole the yearly value of ten thousand
29 dollars; the same messuages, lands, tenements, hereditaments and
30 estate real and personal to grant, bargain sell, convey, assure,
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1 demise, and to farm, let and place out on interest, or otherwise
2 dispose of, for the use of the said academy, in such manner as
3 to them, or at least nine of them, shall seem most beneficial to
4 the institution, and to receive the rents, issues, profits,
5 income and interest of the same, and to apply the same to the
6 proper use and support of the said academy; and by the same
7 name, to sue, commence, prosecute and defend, implead and be
8 impleaded, in any courts of law or equity, and in all manner of
9 suits or actions whatsoever, and, generally, by and in the same
10 name, to do and transact all and every the business touching or
11 concerning the premises, or which shall be incidentally
12 necessary thereto, as fully and effectually as any natural
13 person or body politic or corporate, within this commonwealth,
14 have power to manage their own concerns, and to hold, enjoy and
15 exercise all such powers, authorities and jurisdictions, as are
16 customary in other seminaries of learning. Fourth, The said
17 trustees shall cause to be made for their use one common seal,
18 with such devices and inscriptions thereon as they shall think
19 proper, under and by which all deeds, diplomas, certificates and
20 acts of the said corporation shall pass and be authenticated and
21 the same seal, at their pleasure, may break and devise a new
22 one. Fifth, That the said trustees of the said academy, or seven
23 of them at least, shall meet at the borough of York, on the
24 first Monday in May next, for the purpose of concerting and
25 agreeing to such business as in consequence of this act shall be
26 proper to be laid before them at the commencement of the
27 institution, and shall have power to adjourn from time to time,
28 as they shall see cause, for the purpose of perfecting the same.
29 Sixth, That there shall be a meeting of the said trustees held
30 once in every year at least, at the borough of York, at such
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1 times as the said trustees, or a quorum thereof, shall appoint,
2 of which notice shall be given after the first meeting, either
3 by public advertisement in two of the nearest public newspapers
4 three weeks before the time, or by notice in writing, signed by
5 the clerk or other officer of the trustees, for that purpose to
6 be appointed, and sent to each trustee, at least ten days before
7 the time of such intended meeting; and if, at such meeting,
8 seven of the trustees shall not be present, those of them who
9 shall be present shall have power to adjourn the meeting to any
10 other day, as fully and effectually, to all intents and
11 purposes, as if the whole number of trustees, for the time
12 being, were present, but if seven or more of the said trustees
13 shall meet at the said appointed times, or at any other time of
14 adjournment, then such seven or more of the said trustees shall
15 be a board or quorum, and a majority of them shall be capable of
16 doing and transacting all the business and concerns of the said
17 academy, not otherwise provided for by this act, and
18 particularly of making and enacting ordinances for the
19 government of the said academy, of electing trustees to supply
20 any vacancies that may happen, by death, resignation or
21 otherwise, of electing and appointing the principal and masters
22 of the said academy, of agreeing with them for their salaries
23 and stipends, ascertaining their several duties and powers, and
24 removing them for misconduct or breach of the laws of the
25 institution, of appointing committees of their own body to carry
26 into execution all and every the resolutions of the board, of
27 appointing a treasurer, secretary, stewards, managers and other
28 necessary and customary officers for the taking care of the
29 estate and managing the concerns of the corporation, and,
30 generally, a majority of the board, or quorum of the said
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1 trustees, consisting of seven persons at the least, at any
2 annual or adjourned meeting, after notice given as aforesaid,
3 shall determine all the matters and things (although the same be
4 not herein particularly mentioned) which shall occasionally
5 arise, and be incidentally necessary to be determined and
6 transacted by the said trustees. Provided always, That no
7 ordinances shall be of force, which shall be repugnant to the
8 laws of this state. Seventh, Persons of every religious
9 denomination shall be capable of being elected trustees, nor
10 shall any person, either as principal, master or pupil, be
11 refused admittance for his conscientious persuasion in matters
12 of religion, provided he shall demean himself in a sober,
13 orderly manner, and conform to the rules and regulations of the
14 academy. No misnomer of the said corporation shall defeat or
15 annual any gift, grant, devise, or bequest, to or from the said
16 corporation, Provided the intent of the parties shall
17 sufficiently appear upon the face of the gift, grant, will, or
18 other writing, whereby any estate or interest was intended to
19 pass to or from the said corporation, nor shall any disuser or
20 non-user of the rights, liberties, privileges, jurisdictions and
21 authorities, hereby granted to the said corporation, or any of
22 them, create or cause a forfeiture thereof.
23 (Section IV.) (Section IV, P.L.) And be it further enacted by
24 the authority aforesaid, That the constitution of the said
25 academy, herein and hereby declared and established, shall be
26 and remain inviolable forever, and the same shall not be altered
27 by any ordinance or law of the said trustees, nor in any other
28 manner than by an act of the legislature of this state.
29 (Section V.) (Section V, P.L.) And be it further enacted by
30 the authority aforesaid, That the said trustees hereinbefore
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1 appointed, and their successors, and the principal and master,
2 and every of them hereafter to be appointed, in such manner and
3 form as herein is directed and required before he or they enter
4 upon the duties of their trust or office, shall, before a
5 justice of the peace or alderman of this state, take and
6 subscribe the oaths or affirmations, prescribed by the
7 constitution of this state to be taken by the officers of this
8 state, and shall also take an oath or affirmation for the
9 faithful discharge of their respective trust or office
10 aforesaid.
11 (Section VI.) (Section VI, P.L.) And be it further enacted by
12 the authority aforesaid, That the governor is hereby authorized
13 and required to issue a warrant in favor of the trustees
14 aforesaid, or their order, on the county treasurer, for the sum
15 of two thousand dollars, payable out of the arrearages of taxes
16 due from the said county to the commonwealth, for which sum the
17 county of York shall be credited on the books of the
18 comptroller-general, in the settlement of their accounts for
19 arrearages of taxes, as an endowment to the said academy, and
20 the said trustees shall vest and dispose of the said grant of
21 money in such manner, as to them shall seem most beneficial to
22 the said academy.
23 (Section VII.) (Section VII, P.L.) And be it further enacted
24 by the authority aforesaid, That as soon as the two thousand
25 dollars mentioned in the preceding section shall be paid to the
26 trustees, there shall be admitted into the said academy any
27 number of poor students, who may at any time be offered, in
28 order to be taught gratis, Provided the number so admitted shall
29 at no time be greater than seven, and that none of the said
30 students shall continue longer than two years, if others should
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1 offer.
2 (Section VIII.) (Section VIII, P.L.) And be it further
3 enacted by the authority aforesaid, That so much of the act,
4 entitled, "An act to incorporate the Protestant Episcopal church
5 of St. John at Yorktown," passed the twentieth day of September,
6 one thousand seven hundred and eighty-seven, as prevents the
7 rector, church wardens and vestrymen, and their successors, from
8 alienating the school-house and lot of ground on which the same
9 is erected, as is therein mentioned, be and the same is hereby
10 repealed.]
11 Section 2. This act shall take effect in 60 days.
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