Act Approved April 6, 1791

Act Approved April 6, 1791

An ACT to confer on certain associations of the citizens of this commonwealth the powers and immunities of corporations, or bodies politic in law.

WHEREAS a great portion of the time of the legislature has heretofore been employed in enacting laws to incorporate private associations, and it would not only be made advantageous to the public, but also convenient to individuals, who are desirous of being so incorporated, that the same might lawfully be effected without an immediate application in all cases to the General Assembly of the commonwealth; Therefore,

SECT. I. Be it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That when any number of persons, citizens of this commonwealth, are associated, or mean to associate, for any literary, charitable, or for any religious purpose, and shall be desirous to acquire and enjoy the powers and immunities of a corporation, or body politic in law, it shall and may be lawful for such persons to prepare an instrument in writing, therein specifying the objects, articles, conditions, and name, style or title, under which they have associated, or mean to associate, and the same to exhibit and present to the Attorney-General of the commonwealth, for the time being, who is hereby required thereupon to peruse and examine the said instrument, and, after such perusal and examination, to transmit it, with a certificate, thereon endorsed, testifying his opinion touching the lawfulness of the objects, articles and conditions, therein set forth and contained, unto the Supreme Court of this commonwealth; and the said court is hereby also required thereupon to peruse and examine the said instrument, and to transmit it, with a certificate, thereon indorsed, testifying also the opinion of the said court touching the lawfulness of the objects, articles and conditions, therein set forth and contained, unto the Governor of the commonwealth; and if the said Attorney-General and the said court shall certify their opinion, as aforesaid, to be, that the objects, articles and conditions, in such instrument set forth and contained, are lawful, then the said Governor (but not otherwise,) shall transmit the same to the master of the rolls, with an order, thereon endorsed, requiring him to enrol the same, at the expense of the applicants; and upon the enrolment thereof, the persons so associated, or meaning to associate, shall according to the objects, articles and conditions, in the said instrument set forth and contained, become and be a corporation, or body politic in law and in fact, to have continuance, by the name, style and title, in such instrument provided and declared.

SECT. II. And be it enacted by the authority aforesaid, That as often as the corporations established by virtue of this act, and the successors thereof, respectively, shall be desirous of improving, amending or altering the articles and conditions of the instrument, upon which the said corporations, respectively, are as aforesaid, formed and established, it shall and may be lawful for such corporations, respectively, in like manner to specify the improvements, amendments or alterations, which are or shall be desired, and the same to exhibit and present to the Attorney-General and Supreme Court, who shall in like manner, successively, certify their opinion to the Governor of this commonwealth, touching the lawfulness of such improvements, amendments and alterations; and the same being certified, as aforesaid, to be lawful, shall in like manner be directed by the Governor to be enrolled by the master of the rolls, at the expense of the applicants; and upon enrolment thereof, shall be taken and deemed to be a part of the instrument, upon which such corporations, respectively, were formed and established, to all intents and purposes, as if the same had originally been made a part thereof.

SECT. III. And be it enacted by the authority aforesaid, That the corporations established by virtue of this act, and the successors thereof, respectively, shall have full power and authority to make, have and use one common seal, with such device and inscription, as they shall respectively deem proper, and the same to break, alter and renew, at their pleasure; and by the name, style, and title, by them respectively provided and declared as aforesaid, shall be able and capable in law to sue and be sued, plead and be impleaded, in any court or courts, before any Judge or Judges, Justice or Justices, in all manner of suits, complaints, pleas, causes, matters, and demands whatsoever, and all and every matter or thing therein to do, in as full and effectual a manner, as any other person or persons, bodies politic and corporate, within this commonwealth, may or can do; and shall be authorized and empowered, and they are hereby respectively authorized and empowered, to make rules, by-laws and ordinances, and to do every thing needful for the good government and support of the affairs of the said corporations, respectively. Provided always, That the said bylaws, rules and ordinances, or any of them, be not repugnant to the constitution and laws of the United States, to the constitution and laws of this commonwealth, or to the instrument, upon which the said corporations, respectively, are as aforesaid formed and established.

SECT. IV. Be it enacted by the authority aforesaid, That the corporations established by virtue of this act, and the successors thereof, respectively, by the name, style and title, by them respectively provided and declared, as aforesaid, shall be able and capable in law, according to the terms and conditions of the instrument, upon which the said corporations, respectively, are as aforesaid formed and established, to take, receive and hold all and all manner of lands, tenements, rents, annuities, franchises and hereditaments, and any sum and sums of money, and any manner and portion of goods and chattels, given and bequeathed unto them, respeclively, to be employed and disposed of according to the objects, articles and conditions of the instrument, upon which said corporations, respectively, are as aforesaid formed and established, or according to the articles and by-laws of the said corporations, respectively, or of the will and intention of the donors. Provided always nevertheless. That the clear yearly value or income of the messuages, houses, lands and tenements, rents, annuities, or other hereditaments, and real estate of the said corporations, respectively, and the interest of money by them respectively lent, shall not exceed the sum of five hundred pounds.

SECT. V. And whereas bequests and legacies may be made to public institutions, of which such institutions may not derive the benefits intended, from a want of due information: Therefore, Be it enacted by the authority aforesaid, That when any last will and testament is brought to be recorded in any of the registers offices of this state, which shall contain any bequest or legacy to a public corporate body, the register is hereby enjoined and required, that, within six months, he shall make known, by letter, addressed to the corporate body in whose favour such bequest or legacy is made, the nature and amount of the same, together with the names of the executors of such last will and testament.