An Act to amend an a&t, intituled, An act empowering the Governor to transport [Paffed the 22d of December, 1801.] E it enacted by the General Assembly, That fo foon as the Executive fhall 1. B or Owners to be paid for the act, intituled, "An act to empower the governor to tranfport flaves condemned, when it shall be deemed expedient," the owner or owners thereof shall be immediately paid in the fame manner as for flaves executed.. Any law to the contrary notwithstanding. II. THIS act fhall be in force from and after the paffing thereof. their flaves directed by the Executive to be fold or transported. Commencement of this act.. I. CHAP. CCLXXXIX. An A concerning the Glebe Lands and Churches within this Commonwealth. [Paffed the 12th of January, 1802.] HEREAS the General Affembly on the twenty-fourth day of Ja- Preamble. WHEREAS the hundred and ninety nie, by day, oft of that date, repealed all the laws relative to the late Proteftant Epifcopal Church, and declared a true expofition of the principles of the Bill of Rights and Conftitution refpecting the fame, to be contained in the act, intituled "An act for eftablishing religious freedom," thereby recognizing the principle, that all property formerly belonging to the faid church, of every defcription, devolved on the good people of this commonwealth, on the diffolution of the British government here, in the fame degree in which the right and intereft of the faid church was derived therein from them. And although the General Assembly poffeffes the right of authorising a fale of all fuch property indifcriminately, yet being defirous to reconcile all the good people of this commonwealth, it is deemed inexpedient at this time to disturb the poffeffion of the prefent incumbents: Overfeers of the poor to fell glebe lands in certain cafes. II. BE it therefore enacted by the General Assembly, That the Overfeers of the Poor and their fucceflors, or a majority of them within each county of this commonwealth, wherein any glebe land is vacant, or fhall become fo, by the death or removal of any incumbent, fhall have full power and authority, and they or a majority of them are hereby directed, on giving at least thirty days public notice, at the front door of the courthoufe of their county, to fell all fuch lands and appurtenances, and every other fpecies of property incident thereto, on the premises, to the highest bidder, on twelve months credit, taking bond with good fecurity for the amount thereof payable to themselves and their fucceflors; provided that no fale of any fuch property hall take place, where any perion is in poffeflion thereof, under a leale from any perfon or perfons in behalf of the faid church, whether called trustees or not, prior to the padling of this act, until the faid leate fhall expire; and all fums of money or tobacco due thereon, or to become due, fhall be recovered by action in the names of the said Overseers of the Poor or their fucceffors, in any court of record within this commonwealth; that the faid Overfeers of the Poor, or a majority of them conducting every fuch fale, or their fucceffors, on receiving fatisfactory fecurity for the amount thereof, be, and they are hereby authorised and To execute deeds directed, to convey all fuch property fold by them as aforefaid, to the purcha- therelor. fer or purchasers thereof, by good and fufficient deeds for that purpose; that in all cafes where any perfon or perfons may have received any fum or fums of money or tobacco, for the ufe of the Epifcopal church as established under the former government, and fhall not have paid the fame as directed by law, the Jaid Overfeers of the Poor and their fucceflors, or a majority of them, fhall be To recover debts due entitled to receive the fame, and on non-payment thereof, to recover it by action in any court of record within this commonwealth: That when any perfon or perfons, other than an incumbent or his tenant, hall have had the ufe of any glebe land or other property incident thereto, and may not regularly have accounted for the profits of the fame, they thall hereafter account to the faid Overfeers of the Poor or a majority of them, of the county in which fuch property lies, and in cafe any fuch perfon or perfons, their executors or administrators refufe to account accordingly, the faid Overteers of the Poor or their uccellors for the ufe of the church. 1901. incumbent and tenants reftrained from com lands, &c. mitting wafte in glebe and from removing the perfonal property. Overlears of poor to pay debts due from pa tishes. A glebe lying in more counties than one, how to be fold. 422 IN THE TWENTY-SIXTH YEAR OF THE COMMONWEALTH. may fue for and recover the fame in any court of record within this commonwealth. That in all cafes where fuch property is in poffeffion of any incumbent or his tenant, either or both of them fhall be reftrained from the commiffion of waste, in like manner as other tenants for life or years may be by the faid Overfeers or their fucceffors, in whom the right of action for that, and the purpose of carrying this act into effect, is hereby vefted. That in every cafe where the Overfeers of the Poor or any one or more of them in any county, fhall have good reason to believe that the incumbent therein fhall be about to remove any or the whole of the perfonal eftate, which he holds as formerly belonging to the Epifcopal church, from fuch county, they or any one or more of them fhall upon application to any magiftrate therein, obtain from him an attachment, which he is hereby authorised to grant, against the eftate fo about to be removed, upon the execution of which, and the return thereof being made to the next court of fuch county, the faid court may compel the faid incumbent on due proof thereof, to give bond with fufficient fecurity, not to remove the faid property or any part thereof, from the premises, and in cafe of refusal, the said court may order the faid property to be delivered to the faid Overfeers of the Poor and their fucceffors or a majority of them, to be by them difpofed of as in other cafes: That in all cafes where there shall be any juft demand unpaid by any parish, the faid Overfeers of the Poor and their fucceffors, or a majority of them, in every county comprehending fuch parish or the greater part thereof, fhall from any of the funds aforesaid, before they are otherwife applied, pay the fame; and fhall then be entitled to a credit with the Overseers of the Poor of the county comprehending the refidue of fuch parish, for their proportion thereof: That in cafes where a glebe fhall be in, or a parish run into, more counties than one, the Overfeers as aforefaid of the county wherein the glebe or the greater part thereof fhall lie, fhall fell the fame as aforefaid; and in all cafes the faid Overfeers and their fucceffors, or a majority of them, fhall approAppropriation of the priate the money arifing therefrom either to the poor of fuch parish or to any other objects, which a majority of the freeholders and houfe-keepers therein may direct, by a writing from under their hands directed to the faid Overfeers: And in all other cafes the money arifing therefrom as aforefaid, fhall be by the faid Overfeers of the poor or a majority of them in the counties respectively, applied in like manner, unless directed otherwife as aforefaid; Provided, That nothing herein contained shall authorise an appropriation to any religious purpofe whatsoever. That the faid Overfeers of the Poor or a majority of them, or their fucceffors, shall meet as often as they may deem it neceffary, for the purpofe of carrying this act into effect: That the Overfeers of the Poor, and their fucceffors in each county where any fuch property remains, fhall perform all the duties required of them refpectively by this act, under the penalty of two hundred dollars each, to be recovered in any court of record, by any one who will fue for the fame. That the faid Overfeers and their fucceffors or a majority of them, who fhall perform the duties hereby required, fhall be entitled to receive for advertifing, felling and conveying, any of the faid property, a commiffion of three per cent. and for collecting and appropriating any of the funds by them feceived, three per cent. more; and fhall be accountable to their fucceffors as in other cafes. That nothing herein contained fhall authorise a fale of the churches and the property therein contained, or the church yards, nor in any manner affect any private donation made prior to the first day of January, one thousand seven hundred and feventy-feven for church and other purposes, where there is any perfon in being entitled to take the fame under any private donor; nor to affect the property of any kind which may have been acquired by private donations or fubfcriptions by the faid church, fince the date lait mentioned. money. Compenfation to overfeers of the poor. This act not to affect private donations in certain cafes. III. THIS at shall commence and be in force from and after the paffing Commencement of this thereof. A2. * effect in the roll. |