Chapter XXIII. to incorporate the Provident Association of Clerks in the civil department of the government of the United States, in the District of Columbia
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Chap. XXIII.— An Act to incorporate the Provident Association of Clerks in the civil department of the government of the United States, in the District of Columbia. Feb. 15, 1819. *Be it enacted, &c., * That, from and after the passage of this act, all Certain persons incorporated.those persons who are, or shall hereafter become, members of the Provident Association of Clerks, employed in the civil department of the government of the United States, within the District of Columbia, be, and they are hereby, made a body corporate and politic, by the name and style of “The Provident Association of Clerks,” and shall so continue until the third day of March, one thousand eight hundred and thirty-four, and by that name shall have perpetual succession, and by that name may sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, in courts of record and in any other place whatsoever; and by that name may make, have, and use, a common seal, and the same may break, alter, and renew, at pleasure; and shall have power to ordain, establish, and put in execution, such by-laws, ordinances, and regulations, as shall seem necessary and convenient for the government of said corporation, not being contrary to law nor the constitution thereof, and generally to do and execute all acts necessary or proper for the objects of said incorporation, subject to the rules, regulations, restrictions, limitations, and provisions, herein described and declared.
Sec. 2. *And be it further enacted, *That the following rules, Fundamental articles of the corporation.regulations, restrictions, limitations, and provisions, shall form, and be fundamental articles of, the constitution of the said corporation, to wit: 1st. Association, of whom to consist. The association shall be composed of clerks, employed in the civil department of the government of the United States, within the District of Columbia; and its object shall be the benefit of the families FIFTEENTH CONGRESS.
Sess. II. Ch. 23. 1819. 219 of such clerks after their decease; and the funds thereof shall be applied agreeably to the provisions of this act, and for no other use or purpose whatever. 2d. Every such clerk shall, before he is considered a member of theArticles must be signed. association, sign these articles. 3d. Every member shall pay, on or before the fifth day of January,Quarterly payments. April, July, and October, respectively, the sum of two dollars and fifty cents. 4th.
In addition to the payments mentioned in the preceding article,Extra payments to form a special fund. every member is at liberty to pay such further sums as he may think proper, which payments shall form a separate and special fund, and, on the death of any member by whom such payments shall have been made, his family shall, in addition to the relief provided by other articles of the association, be entitled to an annuity or other benefit out of the special fund, proportionate to the amount of the payments made thereto by such member. 5th.
Any member who shall omit to pay his quarterly subscription,Forfeit for neglecting to pay at quarter-day. within the time prescribed by the third article, shall forfeit and pay, for the benefit of the association, the sum of fifty cents, and the like sum for every quarter during which the said subscription shall remain unpaid. And if any member shall omit, for more than one year, to payMembers omitting to pay for more than a year, to forfeit all rights, &c. the subscriptions required by these articles, together with such fines as he may have incurred, he shall thereby forfeit, both for himself and his family, all rights to any of the benefits of the association, together with all the moneys which he may have previously paid, and shall cease to be a member. 6th.
Any member ceasing to be a clerk, or removing out of theMembership not forfeited by ceasing to be a clerk, &c. District of Columbia, shall not thereby be deprived of his membership. 7th. The officers of the association shall consist of a president, sixOfficers of the association. directors, a secretary, and treasurer, to be elected by ballot, at a general meeting of the association, on the last Saturday in March, annually: and they shall form a board, to be called the president and board of officers.
In all elections for officers, the person having the greatestElection of officers. number of votes shall be considered as elected; but when two or more persons have an equal number of votes, the balloting shall be repeated to fill the office or offices for which no choice shall have been made. If any vacancy shall occur among the officers, a general meeting shall be called to fill the same.Vacancies. 8th. It shall be the duty of the president to preside at all meetings ofDuty of the president. the association, and of the board of officers.
In the absence of the president, his duties shall be performed by the director present, senior on the list. 9th. The secretary [shall] keep a journal of the proceedings of theOf the secretary. association, and of the president and board of officers; and he shall perform such other duties as may be assigned to him, either by the association or by the president and board of officers. 10th. The treasurer shall receive and pay all moneys of the associationOf the treasurer.; he shall keep an account of its receipts and disbursements, and shall lay before the association, at its annual meeting in the month of March, a general statement of all its moneyed transactions, as also a list of those members who are two quarters or upwards in arrear, which list and accounts shall be read and examined previously to the election of officers. 11th.
The quarterly subscriptions, and all other moneys received onMoneys to be deposited in bank. account of the association, shall be paid to the treasurer, and shall be by him deposited, as soon as may be thereafter, in such bank as shall be fixed on by the president and board of officers; and shall, from time to time, be vested in the public stocks of the United States, or in loans 220 FIFTEENTH CONGRESS. Sess. II. Ch. 23. 1819. to individuals, secured upon real estate, or in the stocks of any incorporated banking institution; and the moneys so deposited shall be drawn out of the bank only on the order of the treasurer, countersigned by the secretary, and approved by the president. 12th.
Distribution of funds among families of deceased members. The funds of the association shall be appropriated and paid to the families of deceased members, at the following rates, to wit: to the families of those members who may die after the expiration of the first year, and within five years from the time of their admission, twice the amount of the subscription which shall have been paid by such members, respectively: to the families of those members who may die within the sixth year, from the time of their admission, respectively, the sum of two hundred dollars: to the families of those members who may die within the seventh year, from the time of their admission, respectively, the sum of three hundred dollars: to the families of those members who may die within the eighth year from the time of their admission, respectively, the sum of four hundred dollars: to the families of those members who may die within the ninth year from the time of their admission, respectively, the sum of five hundred dollars: to the families of those members who may die within the tenth year, from the time of their admission, respectively, the sum of six hundred dollars: to the families of those members who may die within the eleventh year, from the time of their admission, respectively, the sum of seven hundred dollars: to the families of those members who may die after the expiration of the eleventh year from the time of their admission, not less than eight hundred dollars. 13th.
What shall be deemed a member’s family. In all cases the widow and children of a deceased member shall be deemed his family, and as such entitled to the relief provided under the foregoing article; but a member having no wife or children, may adopt any other person or persons as his family, for all the purposes of this association, by giving notice in writing, to the president and board of officers, of the name and residence of such person or persons. 14th. Relief by a sum of money or annuity.
The relief to which the families of deceased members shall be entitled, may be granted either by the payment of a certain sum of money, as prescribed by the twelfth article, or by annuity, the terms of which shall be fixed by the claimant, and the president and board of officers. 15th. Pledge of endeavor to establish families of deceased members. In addition to the pecuniary relief to which the families of the deceased members are entitled, the members of this association pledge themselves to endeavor to provide for the permanent establishment in society of the persons composing such families. 16th.
Annual meetings. A general meeting of the association shall be held on the last Saturday in March, annually; but the president and board of officers may call a general meeting whenever they shall think it necessary. 17th. Board of officers. The regular meetings of the president and board of officers shall be on the first Saturday of January, April, July, and October, annually; but a special meeting of the board of officers may be called by the president, on a requisition in writing from any member thereof. 18th.
Majority of a meeting to prevail. In all cases where it is not otherwise expressly provided, a majority of the votes of the members of the association, assembled at any meeting, shall prevail. 19th. Legacies and donations. All legacies or donations made to the association, shall be appropriated to the general purposes thereof. 20th. By-laws. The president and board of officers shall have power to make by-laws for their government, provided the same be consistent with these articles. 21st.
In case of dissolution, the funds to be divided, &c. If the association shall be dissolved by any event, or in any manner whatsoever, otherwise than by the expiration of the charter, the funds then belonging to it shall, after all claims and demands thereon FIFTEENTH CONGRESS. Sess. II. Ch. 24, 26. 1819. 221 are satisfied, be divided among the families of deceased members, according to the sums paid in by such members respectively. 22d. The debts which the said corporation may, at any time, owe,Debts not to exceed the value of the property. shall not exceed the value of the property lawfully held and owned by them; and, in case of excess, the directors who may have been assenting thereto, shall be liable for the same in their natural and individual capacities; and an action of debt may, in such case, be brought against them, or any of them, in the proper court, by any creditor or creditors, of the said corporation, and may be prosecuted to judgment and execution, any condition, covenant, or agreement, to the contrary notwithstanding:
And the property of the corporation shall also be liable forProperty liable for excess. and chargeable with the excess. 23d. It shall not be lawful for the said corporation to deal or trade inCorporation not to deal or trade as a bank, &c. the manner of a bank, nor issue any note in the nature of a bank note, nor transact any other kind of business, or deal in any other manner or thing, than is expressly authorized by the eleventh article of the second section of this act; and any director or directors, who shall have assentedForfeit. to any such dealing or trade, shall, on conviction thereof, in the proper court, forfeit and pay the sum of one thousand dollars; one half to the use of the poor of the city of Washington, and the other half to the use of the person who may prosecute for the same: *Provided always,*Congress may alter or annul this act.
That Congress may, at any time, amend, alter, or annul, this act. Approved, February 15, 1819.