A compilation containing the constitution and canons of the Protestant Episcopal church in the diocese of Maryland;, Part 11

Author: Episcopal Church. Diocese of Maryland
Publication date: 1898
Publisher: Baltimore, Cushing & co.;
Number of Pages: 146


USA > Maryland > A compilation containing the constitution and canons of the Protestant Episcopal church in the diocese of Maryland; > Part 11


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1. The original Act was that of 1839, c. 307, which is superseded by this Act.


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port and education of the children, and for the employment and compen- sation of agents and servants, to appoint any officers they may think expedient, and define their duties and term of office ; to pass such by-laws for their government and that of the asylum as they conceive proper, so that they be not against law, including herein the power to determine what number of their body shall constitute a quorum : and generally to have and exercise all the powers which may by a liberal construction be neces- sary for effecting the end of the creation of said body politic, and which are not herein before vested in the Governors.


SEC. 5. And be it enacted, That the right is hereby expressly reserved to the General Assembly of Maryland at its pleasure to alter, amend, or annul this act of incorporation ; provided, nothing herein contained shall be construed to confer upon said body politic, nor the Board of Governors, nor the Board of Managers any banking privileges, nor the right to issue any note in the nature of a bank note.


1872-CHAPTER 297.


An Act to amend the Act of 1828, Chapter 136, [etc., Incorporating the Members of Christ Church, City of Baltimore.] + Whereas, the Vestry of Christ Church, in the City of Baltimore, referred to in the above entitled act, have recently erected a new Church edifice upon a lot of ground purchased by them on the northwest corner of St. Paul and Chase streets, in the City of Baltimore, and have called the same Christ Church ; and,


Whereas, they are desirous of retaining the Church edifice on the corner of Gay and Fayette streets, heretofore held by them and formerly called Christ Church, but now called the Church of the Messiah, as a place of worship ; and, as contributions for the purpose of so retaining said Church have been made by persons other than those connected with the Congre- gation of Christ Church, it is desirable that said Church, now called the Church of the Messiah, should be free from all debts contracted, or to be contracted, by the said Vestry of Christ Church, in reference to the said new edifice.


SEC. 1. Be it enacted by the General Assembly of Maryland, That the Vestry of Christ Church, in the City of Baltimore, incorporated by the Act of 1828, chapter 136, be, and they are, by their said corporate name, authorized to hold the said lot of ground and Church edifice, now erected thereon, on the northwest corner of St. Paul and Chase streets, in the City of Baltimore, now called Christ Church, in the same full and ample man- ner, and transmit the same to their successors, as they are authorized to hold any property by virtue of the said original act.


SEC. 2. And be it enacted, That the said Vestry of Christ Church, in the City of Baltimore, shall be authorized to hold and dispose of the property held by them on the corner of Gay and Fayette streets, with the Church edifice thereon, formerly called Christ Church, but now the Church of the Messiah, free, clear, and discharged from all debts of the said corporation, except such as may be created in special reference to the management of said Church,


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SEC. 3. And be it enacted, That in order that the affairs of said Church of the Messiah may be managed in such a way as to be separate from the charges and expenses of said Church, now called Christ Church, the entire management and control of the said Church of the Messiah shall be vested in five Trustees, to be appointed by the Vestry of Christ Church, in the City of Baltimore, and that said Trustees, so appointed, shall have such control in the management of said Church, as is now exercised by Vestries of Churches in the Protestant Episcopal Church, in the State of Maryland, except that the said Trustees shall have no power to create any debt, charge, or lien upon the said Church, and shall have no power to sell the same, and no power shall exist to sell the same, except by the joint consent of the Vestries of Christ Church, in the City of Baltimore, and of Grace Church, in the City of Baltimore.


SEC. 4. And be it enacted, That the said Vestry of Christ Church, in the City of Baltimore, shall, annually, on or before the first day of May, make appointment of the said Trustees, to serve for one year from said date, and in the event that before said first day of May in any year there shall no appointment be made as prescribed, that then the Trustees of the former year shall hold over for one year longer, commencing from said first day of May.


SEC. 5. And be it enacted, That the said Vestry of Christ Church in the City of Baltimore, shall, at some meeting to be held by them on or before the first day of May, 1872, determine whether they will accept of the provisions of this act, and enter such their determination upon their minutes of proceedings, and if they should determine to accept the same, then this act shall be in force from and after said acceptance.


SEC. 6. Be it enacted, That the Legislature of Maryland shall have power to alter or repeal this Act, or the original Act, at their pleasure.


ST. TIMOTHY'S HALL. 1847-CHAPTER 209.


An Act to incorporate the Trustees of St. Timothy's Hall, a Literary Institution in Baltimore County.1


1852-CHAPTER 319. An Act. concerning the Students of St. Timothy's Hall, Baltimore County.1


INSTITUTIONS OF ST. PAUL'S PARISH, BALTIMORE. 1799-CHAPTER 44.


An Act to incorporate a Society for the maintenance and education of poor Female Children, by the name of The Benevolent Society of the City and County of Baltimore.


Whereas, The Reverend Joseph G. J. Bend and the Reverend John Ire- land, Associate Rectors of St. Paul's Parish, in the City and County of Baltimore, and sundry other persons of the City and County of Baltimore,


1. The Institution has ceased to exist.


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have associated themselves for the truly benevolent purpose of establish- ing an institution for the maintenance and education of poor female chil- dren, and by their petition to this General Assembly represented, that their endeavors would be followed by more beneficial consequences if the society was invested with corporate powers : And whereas, this General Assembly is desirous to give proper assistance to humane and benevolent institutions, more especially to those having for their object, the instruction of youth, on which the virtue and happiness of society so much depend ; therefore,


2. Be it enacted by the General Assembly of Maryland, That the said Reverend Joseph G. J. Bend and the Reverend John Ireland, Associate Rectors of St. Paul's Parish aforesaid, and their and each of their suc- cessors, George Grundy, Nicholas Rogers, Henry Nichols, John Merry- man, and Hezekiah Clagett, and such other male persons as may from time to time hereafter unite with them in their benevolent design, and become contributors and subscribers to the said society, shall be, and they are hereby declared to be, one community, corporation, and body politic, for ever hereafter, by the name and style of The Benevolent Society of the City and County of Baltimore, and by that name they shall be, and are hereby, made able and capable in law to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, tenements, rents, annuities, pensions, and other hereditaments, in fee simple, or for a term of years, life, lives, or otherwise, and also, goods, chattels, and effects, of what nature, kind, or quality soever, by the gift, bargain, sale or devise, of any person or persons, bodies politic or corporate, capable to make the same, and the same to grant, devise, alien, or dispose of in such manner as they may judge most conducive to the benevolent and charitable uses of said society ; provided nevertheless, that the said corporation or body politic shall not, at any one time, hold or possess property, real, personal, or mixed, exceed- ing in total value the sum of fifteen thousand dollars.


3. And be it enacted, That when any parents or guardians, or any orphans' court, shall have placed any female child or children in the before-mentioned institution, they shall henceforth be under the control and management of such persons as the society may have appointed to manage their concerns, until they shall think fit to bind them out, which they are hereby empowered to do for any term, not exceeding the period at which such female child or children shall have completed her or their sixteenth year, anything in any law of this State to the contrary notwith- standing ; provided, that nothing herein contained be construed to abridge the security afforded to such persons by the law concerning apprentices.


4. And be it enacted, That the said society, and their successors, by the aforesaid name, shall be forever hereafter, able and capable in law to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all or any courts of justice whatsoever, and also to make, have, and use a common seal, and the same to break, alter, and renew at pleasure, and also to assemble and meet at such times and places as they may agree upon, and, by a majority of the voices of those attending, to ordain, establish and put in execution, such by-laws, ordinances, and regu- lations, as to them shall seem conducive to the interests of their institution,


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and necessary to the good government and orderly management thereof, the same not being contrary to the laws of this State, or of the United States, and generally to do and execute all such acts, matters, and things, as to them shall or may appertain to do.


5. And be it enacted, That the members of said corporation and their successors, may meet together on the first Monday of January next, at the City of Baltimore, and on the same day annually forever thereafter, or as soon after as may be, and then and there elect the officers of said society, and form such rules and regulations, (not contrary to the laws and consti- tution of this State, or the United States as aforesaid,) as may be necessary for carrying into effect the benevolent purposes of this act.


1886-CHAPTER 467.


An Act to amend the act of November Session 1799, Chapter 44, entitled an act to incorporate a society for the maintenance and education of poor female children, by the name of the Benevolent Society for the city and county of Baltimore.


Whereas, The Associate Rectors of St. Paul's Parish, in the city and county of Baltimore, and their successors and the subscribers and contribu- tors to the society, incorporated by the act of November session seventeen hundred and ninety-nine, chapter forty-four, were incorporated by said act under the name of the Benevolent Society for the city and county of Balti- more, for the purposes in said act mentioned ; and


Whereas, The pecuniary condition of the said corporation so formed is such that there is no longer occasion that the said corporation should rely upon subscribers and contributors to obtain the means necessary to carry into effect the purposes of said society ; and whereas, the number of said subscribers and contributors has for this reason become so limited that it is necessary and proper to provide other means for the government of said society, and for the performance of the duties devolved upon it by said act ; therefore,


SEC. 1. Be it enacted by the General Assembly of Maryland, That the Vestry of Saint Paul's Parish, in Baltimore county, hereinbefore referred to, shall have power to appoint upon such day as it may designate in each and every year, from among the parishioners of St. Paul's Parish, eight Trustees, who shall, together with the Rector for the time being, of said Parish, con- stitute a Board of Trustees, which shall have and exercise all the powers vested in the said The Benevolent Society for the city and county of Balti- more, by its original act of incorporation, or by any act amendatory thereof, or supplementary thereto, and all the powers vested by law or by the con- stitution or by-laws of said corporation in its Board of Trustees ; and the members of said Board of Trustees, so appointed in any year, shall hold their respective offices and perform the duties thereof until their respective successors are elected and qualified.


SEC. 2. And be it enacted, That this act shall take effect from and after the date of its passage.


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1856-CHAPTER 95.


An Act to make valid and amend articles of incorporation of the Boys' School of St. Paul's Parish, in the city of Baltimore, incorporated under the act of eighteen hundred and forty-six, chapter three hundred and twenty-three, entitled, " An act to authorize incorporations in certain cases."


Whereas, William E. Wyatt, Thomas Swann, Reverdy Johnson, Jr., Wil- liam B. Duvall, William R. Travers, Frederick W. Brune, Jr., William B. Perine, Edward W. Wyatt, Benjamin M. Hodges, Jr., Edward W. Blanch- ard, and George S. Norris, have heretofore associated themselves, by virtue of the act of the General Assembly of Maryland, passed at Decem- ber session, eighteen hundred and forty-six, chapter three hundred and twenty-three, entitled "An act to authorize incorporations in certain cases " for the purpose of constituting themselves a body politic by the name of The Boys' School of St. Paul's Parish, having for its object the education and moral improvement of poor and helpless boys ; and whereas doubts have arisen as to the proper execution of the articles of association by which they were incorporated, by reason of two of the parties above mentioned not having signed the said articles, and also whether the said corporation may receive and hold property beyond the amount mentioned in the said act of Assembly ; and whereas the full success of the under- taking requires that it should be authorized to receive and hold a larger amount of property than is in said act of Assembly mentioned : therefore,


SEC. 1. Be it enacted by the General Assembly of Maryland, That the articles of association of the Boys' School of St. Paul's Parish, in the City of Baltimore, notwithstanding any defect or defects in the execution thereof, be hereby declared valid to all intents and purposes, so as to con- stitute the said body a duly incorporated association under the laws of this State, by its corporate name aforesaid, and that said corporation be hereby declared capable of receiving, recovering, holding and enjoying all property, real, personal or mixed, which may have been heretofore given, devised or bequeathed to it, or which it may hereafter acquire by gift, devise, bequest or otherwise : Provided, That the amount of property so acquired and held shall not exceed the sum of fifty thousand dollars.


SEC. 2. And be it enacted, That this act shall take effect from and after its passage.


MISCELLANEOUS. 1784-CHAPTER 78.


An Act to provide a fund for the relief of the Widows and Children of the Clergy of the Protestant Episcopal Church in this State.


Whereas, it hath been represented to this General Assembly, by the Reverend William Smith, Doctor in Divinity, the Reverend William West, John Andrews and Thomas John Clagett, that they are a committee appointed by and in behalf of the Clergy of the Protestant Episcopal Church in this State, (formerly denominated the Church of England,) to solicit an


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act of incorporation to enable the Clergy of the said Church to raise and manage a fund for providing small annuities for the distressed widows of the said Clergy, and for the education of their children ; and this General Assembly are earnestly desirous to promote every pious and charitable design for the relief and assistance of the widows and fatherless, and especially those of the respectable and useful body of Clergy of all denom- inations, who are often obliged, through the uncertainty and scantiness of their support in many places, to leave their families in very necessitous circumstances ; therefore,


II. Be it enacted by the General Assemby of Maryland, That the said Protestant Episcopal Clergy, namely, William Smith, John Gordon, John M'Pherson, Willianı Thompson, Samuel Keene, William West, Walter Magowan, John Andrews, Thomas John Clagett, George Goldie, Edward Gantt, Francis Lauder, Joseph Messenger, John Bowie, Walter Harrison, Thomas Gates, James Wilmer, Hamilton Bell, Francis Walker, John Stewart, Samuel Tingly, Leonard Cutting, Ralph Higginbothom, Mason Weenis and Edward Gantt, Jr., and such other clergymen in the orders and communion of the said Church as may hereafter become residents of this State, and shall be contributors to the said funds of the corporation herein erected, and as may be admitted into the said corporation by a majority of the members thereof for the time being, shall be, and they and their successors are hereby declared to be, one community, corpora- tion and body politic forever, by the name of The Corporation for the Relief of the Widows and Children of the Clergy of the Protestant Epis- copal Church in Maryland ; and by the same name they and their suc- cessors shall and may have perpetual succession, and shall and may, at all times hereafter, be persons able and capable in law to purchase, take, have and enjoy, to them and their successors, in fee, or for any less estate or estates, any lands, tenements, rents, annuities, pensions and other heredi- taments within this State, by the gift, bargain, sale or devise, of any per- son or persons, bodies politic and corporate, capable to make the same ; and such lands, tenements, rents, annuities, pensions and other heredita- ments, or any less estates, rights or interests, of or in the same at their pleasure to alien, sell, transfer or lease, in such manner as they may judge most conducive for furthering the pious design of this charitable incorpo- ration, and according to the nature of such estate as they may have in the same ; and also that they, and their successors may take and receive any sum or sums of money, and any kind, manner, or portion of goods and chattels, that may or shall be given, sold or bequeathed, unto them, by any person or persons, bodies politic or corporate, capable to make a gift, sale or bequest thereof, and to employ the same either in the immediate payment of annuities to the widows aforesaid, and other declared purposes of this incorporation, or in providing a fund or capital sufficient to produce an yearly interest, revenue or income, for answering the good purposes of the same ; provided, that the clear yearly value of the said capital, fund, stock and other hereditaments and real estate of the said corporation, do not exceed fifteen thousand Spanish milled dollars of the present current weight, namely, seventeen pennyweight and six grains each dollar, above all taxes and assessments.


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III. And be it enacted, That the members of the said corporation, and their successors, may meet together on the fourth Tuesday in May every year, and at such other time or times, and at such place or places within this State, and upon such public notice given, as may be fixed and agreed upon, for the purpose of forming such rules and regulations as may be necessary for answering and carrying into effect the pious purposes of this act, provided, such rules and regulations be not repugnant to the consti- tution and laws of this State.


IV. And be it enacted, That the said corporation and their successors, by the name aforesaid, shall be forever hereafter able and capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all or any courts of justice, and before all or any judges, officers, or other persons whatsoever, in all and singular actions, matters and demands whatsoever, and that it shall and may be lawful for them and their successors for ever hereafter, to have a common seal for their use, and in their affairs and business, and the same at the will and pleasure of them, and their successors, to change, alter, break and make anew, from time to time as they shall think best, and shall in general have and exercise all such rights, franchises, privileges and immunities as by law are incident and necessary to corporations of this kind, and which may be necessary to the corporation herein and hereby constituted and erected, to enable them duly and fully, in the law, to execute all things touching and concerning the design and intent of their said incorporation, for the benefit succour and relief of the widows of such clergymen in the orders and communion of the Protestant Episcopal Church aforesaid, as may or shall become contributors to the funds of said corporation, agreeable to such rules and by-laws as may be established for the management and payment of annuities to the said widows, and for the education of their children, and settling them in some useful business or profession.


1884 -- CHAPTER 131.


An Act to amend and enlarge the powers granted by the act entitled "An act to provide a fund for the relief of the widows and children of the Clergy of the Protestant Episcopal Church in the State of Maryland," passed November session, seventeen hundred and eighty-four, chapter seventy-eight.


Whereas, in the period of one hundred years, since the passage of the act herein referred to, the number of persons to be benefited by the cor- poration thereby created has largely increased, and their needs and neces- . sities have multiplied in various forms; and although the ability of the corporation to meet those wants has also increased, it yet requires further. enlargement and more liberty in the use of its income in order thoroughly to accomplish the various charitable purposes that may be subserved thereby ; therefore,


SEC. 1. Be it enacted by the General Assembly of Maryland, That the proviso in the act entitled "An act to provide a fund for the relief of the


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widows and children of the clergy of the Protestant Episcopal Church in the State of Maryland," passed November session, seventeen hundred and eighty-four, chapter seventy-eight, which limits the clean yearly value of the capital fund, stock and other hereditaments and real estate of the corporation thereby created to a sum not exceeding fifteen thousand Spanish milled dollars of the then current weight of seventeen pennyweight and six grains, each dollar above all taxes and assessments, be and the same is hereby repealed, and the said corporation is hereby authorized to hold such funds and other hereditaments and real estate as authorized by the act aforesaid, provided that the net income arising from the same shall not exceed the sum of fifty thousand dollars per annum.


SEC. 2. And be it enacted, That it shall be competent for the said cor- poration to admit new members by the votes of two-thirds of those mem- bers who may be present at any annual meeting of said corporation.


SEC. 3. And be it enacted, That the said corporation be and it is hereby authorized at any annual [meeting], by a vote of a majority of the members present at that meeting, to distribute any surplus of the preceding year remaining after the settlement in full of all expenses and claims upon the said corporation for that year to the following objects, in the order named, and in such proportion as to it may seem best, unless as herein otherwise specified, viz :


Firstly. The corporation shall always appropriate not less than one- fourth of such surplus income as an addition to the invested fund, which invested fund, as now existing, and any additions thereto, shall be reserved for the purpose of producing income to be used for the purposes of the said corporation.


Secondly. To the payment of the widows and children of deceased members, as now authorized under the by-laws of the corporation, to receive annuities of such sums in addition to their annuities as their respective needs and the amount to be distributed may warrant.


SEC. 4. And be it enacted, That this act shall take effect from the day when an official certificate of its acceptance by the said corporation shall be filed with the Secretary of the State of Maryland.


1821-CHAPTER 234.


An Act for the benefit of the Rector of Saint John's Parish, in Harford and Baltimore Counties.


Whereas, it is represented to this General Assembly, by the petition of certain persons belonging to the Vestries and Congregations of the new St. John's and the Rock Spring Churches, within St. John's Parish, of the Pro- testant Episcopal Church, in Baltimore and Harford Counties, praying that a law may pass, authorizing them to hold a tract or parcel of land for the use and support of their Minister, and the prayer appearing reasonable- therefore,


SEC. 1. Be it enacted by the General Assembly of Maryland, That it shall, and may be lawful, for Edward Day, John B. Bayless and William




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