The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-25
Church Property.
IMPORTANT BILL BEFORE THE PENNSYLVANIA LEG

Church Property.
IMPORTANT BILL BEFORE THE PENNSYLVANIA LEars
LArURE.
An act relating to corporatons and to estates held for
corporate, religious and charitable uses.
Sec. l. BE it enacted by the Senate and House of Re
representatives. Of the nwealth OF Pennsyva mia in
General Assembly met and it is hereby enacted BY the
authority Of the same.
Sec. a. That IT shall not be lawful for any urncorpo
rated literary, religious charitable society associa
ton or congregation hereafter to acquire and hold
wise real personal property that In the aggregate
are OF greater yearly value than IL incorporated they
would respectively be allowed TO hold under the general
laws of this Commonwealth for such
Citations, shall it be lawful for any such corpora
ton Incorporated under any law Of this State hereaf
ter to acquire and hold through any trustee or
trustees by any other device whatsoever real or per-
sonal estate TO greater amount value than such in
corporation is by its charter allowed to hold Proyideo
That any property now held aforesaid in OF
such value shall not be hereby nvadated udiced
in title otherwise.
have been incorporated under the laws Of this State,
nor shall any foreign government potentase, pooer
Commonwealth directly in the coyparate NAM. or ov oS
through any trustee other derice schatsoeter: Pro-
vided That the residence without the limits of this State
OF portion OF the members OF any religious literary,
charitable beneficial society association otherwise
qualified to hold real personal estate within this State
shall not ucapacitate such society or association from
taking and holding such propertv not excesdnu the
value limited by law
Sec 0. That no Bishop or other ecc,essastic in any
this Commonwealth, scth capacity TO transmit the title
thereof 10 his in office otercise than as any
raj capacity might do And any law comforting such ca.
pacity to transmit by operation Of law property any
in any ecclesiastical Office is hereby repealed
Provided That this repeal shall not affect the yaly Of
any titles held as aforesaid, but the may be
aened or devised as property held by such ecclesiastical
officer in his natural capacity for the like uses and
trusts rs the would he subject to- IL this act
Sec l. That hemsoeper any property rea. or personal
hnlf he aesd
any ecclesiastical corporation bishop eccleasc other
person for the use any church congregation religious
fenance Of either, the shall be otherwise taken
and held enure than subject TO the control and dispo
sn.on q ne iay members snch chnrch congregation or
t',es thereof as shall be composed Of majority Of aymen
ha1ng controlling pocer, according to The rules regua
tioss usdges, or corporate req renets thereof far
consistent hereoith and charter hereafter granted
by any court for any church congregation, religious
society shall be valid without requiring such property
to be taken held and subject aforesaid but
nothing herein contained shall authorize the diversion of
any property from the purposes, uses and trusts TO
which II may have been heretofore lawfully dedicated,
Lawfully dedicated.
acal society congregation association corporation,
having car acty to take and hold real and personal
tate within this Commonwealth, may acquire and hold
the to the extent in the aggregate Of the clear
nus value Of five thousand dollars and to greater
extent without express legislative sanction and in
ascertaining such value all vacant lots lands shall
taken 10 to Of the annual value ut which such lots
lands could be let upon ground rent the interest Of
the price at which they would sell for cash and without
sacrifice and II occupied and yielding rent income,
then il the annual value Of such rent income Of
the valuation vacant ground in aforesaid,
That the bona tide purchaser for valuable considera
ton shall take defeasible title by of the grant
ors having held property in excess Of the limit aiore
raid and provided that any property held afore
said in of such value, sha not be hereby in
validated or prejudiced in title or otherwise.
Gao IN Tbat or
made for any religious, charitable literary scientific
use shall fail for want of trustee by reason of the
objects being indefinite uncertain ceasing depend
ing upon the discretion of last trustee being given
perpetuity in Of the annual value herenbe
fore limited but it shall be the duty Of the orphans
court court having equity jurisdiction in the proper
county to supply trustee and by its DEGREES to carry
into effect the intent Of the donor testator far
the be ascertaned and carried into effect
consistently with law equity for which purpose the
proceeding shall be instituted by leave OF the district at
orney for the county the relation of any institution
association individual DESTROYS of carrying such dis
position into effect and willing to become responsible for
the costs thereof subject to appeal in other
affirmed, or modified by the Supreme Court of this
State but II the OBJECTS Of the trust be not ascertana
of the annual value permitted by law, in perpe
tuty such disposition far exceeding the power Of
the courts to determine the by the rules Of law
equity shall be taken to have been made subject to be
further regulated and disposed the Legislature of
this Commonwealth, in manner nearly in conformity
with the intent Of the donor tesator the rules OF
law against per petuties as or otherwise to
accrue TO the public treasury for the public use.
Sec H. That no estate, real or PERSONAL shall here
polite to any PERSONS interest for religious chart
table uses except the same be done by deed will
attested by two credible and at the time dsnterested
witnesses, at least calendar month before the de.
of the Iestator aenor and all dispositions Of
property contrary hereto shall ioe void and to the
resdusry legatee devisee next Of kin heirs accord
ing to law Provided That any disposition of property
within said period, bona fde made for fair valuable
consideration shall not be hereby avoided
hat he or inde in
crease Of the property In morman and perpetuity it
shall not be law for any religious, charitable, literary
future to accumulate income into apal invested
estate, rs that the clear annual value thereof
coed the limitation herenbefore contained and regards
acquisitions held by for any such body, shall not
exceed said annual amount, except that the pro-
perty now held does, or being made productive
may exceed tuch amount, but all such clear income
after such amount Of capital invested estate shall be
attained, shall be expended annually in and for the
purposes uses and trusts upon and for which the
perty producing II held and If there be not objects
within the intent Of such purposes and trusts,
such body or association holding such property to
apply to the Legislature for authority to expend the
income thereof upon such practical objects as shall
most nearly conform to the extent of the and trusts
upon which such property is held, and In default
thereof such income shall not be expended in
ecution Of its trust shall be paid into the treasury of
the commonwealth Provided, That this section shall
not be taken intended to apply any corporation
trust II any there be- placed by contract beyond such
legislative Iequislton
Sec Is. That all dispositions of property hereafter
made TO religious charitable literary or scientific uses
and all interpretations associations formed for such
objects shall be taken 10 have been made and formed
under and in subordnaton to all the duties and requisi
tons of this act rules Of property and laws for their
government.
Interesting from Bermuda.
The brig Tornado Capt. Mccarthy arrived yes.er.
day morning from Bermuda She brings us adyices to
the 10th inst.
We make the following interesting extracts from the
Bermudidn of that date
AGRICULTURAL PROSPECTS,.
We glanced briefly, in our last, to the active opera
tons Of agrcuturists at the time Not
than 5000 barrels of potatoes for planting have
already imported from America; and are satisfied
shall be within the mark when state that the entire