JENTINEL & REPUBLICAN MIFFLIN TOWN". Wednesday, Dercmb'r 22, ISWO B. F. SCHWEIER, eitob sd rsorsirros. Colons! A.Wilson XorriV majority for the State Fenate is 4495. Senator B'aine proposes to reduce the postage on letter to 2 cents Cbnreb fairs iu Philadelphia have baoi-hd the Wheel of Fortune. General Grunt was the guest of General Ueale at Washington last week. Tbe Europeans favor the Panama canal route, while Americans favor the Nicaragua route. m m A I 'onpresstnan says that, if the fu ture pensions cost in proportion to whit is now hoinc paid, that it will take $243,000,000. William 13. Wood of Georgia ha Leon nominated by President llavs for a p!ee n the Supreme Heucb, Woods is an Ohio man. Mr Thompson withdraws from Pres ident Hayes cabinet to accept a $l!5, 000 office in the canii scheme across the isthmus of Panama. Wade Hampton's preacher wanted to know about the challenge to Shermin. The answer is that he only stated where an answer couid find him. right was not thought of. The Conkliu, Sprague scandal has received an other send off by the pro ceedings in divorce that Mrs. Sprsgue has brought for separation from ber husband. Jl'DUE Jeremiah Black issues an piuion that railroads are public high ways, as turnpike, or eonunou roads are. Georpe Tickuor Curtis has taken issue with tbe Judge on tbe question. The Vermont legislature wanted to abolish the giaud jury. The Governor vetoed the bill, declaring it unconstitu tional because it deprives a mm of the right of ltiuictment by a jury of his peers. The riot damage claims will be brought to the attention of the Legis lature this winter in a new form. The Commissioners of Allegheny county have settled tbe claims for $2,C00,000. by issuing county bonds. The Legis lature will be asked to provide for the payment cf the bonds. Cheek. A husband unintentionally poison d his wife in Seranton Pa., this state on Saturday evening. At the request of the wife the husband proceeded to g;ve Jjer a dose of chloral to sooth her nerves, -he being threatened at the time with hysterical convulsba. In a mistake the husband gave her a dose of Corbol io acid, tbe amd bottle .stood quite close to ohicrate bottle. Death coon follow ed. STATE ITEMS. A York county ganucr, named Scboll, Las shut a hundred aud thirty hogs this year. Le Moyne, the owner of the crema tion bureau at Washicgtrn, is overrun with applications for its use. The UoniLWooJ Mill Company, of Lock Haven, have cut aud shipped since September, l!i79, 2,776,000 bun dles of kiudlitig wxid. A Wilkesbarre girl tried to lick the frost from to iron lamp post tae will at spoon victuals for a while nntil her tongue is restored to iiswotuL!j vigor. A Mr. Mullen, of Prospect, Cam bria ccunty, last ten children within a r coj.fHiuir.) . i j . - .. r t cr n 0 m rime n v diptueria snd 6crlot ftver. af'e 'asi i..m - k,. u;mj lw, ;,,H V . few days tinee. He Las throe daugh ters rtlil living. Mr. II. H. Albright, an enterprising farmer aud uiilicuiau of Moutgomery Coutity, is going to have a novel dessert (or his dinuer on C hnstmas day. lie has ratied several fine wateruielious, and he put tee iu his cellar iu August j last, to see how loog he could keep it nd be reports it low in as good condi tion as wtieti fi st he placed it there. A Pottstowu man who wanted to butcher a steer fired eleven Luck-hot into the beast's bead. The steer broke ' way aud ran into the w inds, where be wae kiil-d two diys later. Examina tion showed that some of the shot had entered the animal's brain. A Cou lersport merchant has bandied over 3,0'."J pounds of gingseng root this year, a.'i dug iu Potter and part of Tioija coa:.ty. A httie son of E I. Dtvis' of McVey towii was supposed to le lott a fe days ago, and the town, the caDal. and other places were searched, when finally the little chap was found fast asleep at home under the table. The thread for the glass cloth, now made at Pittsburg, is drawn out of a molten bar by means of a rapidly re volring wheel at the rate of 2.000 yards a miuute- The weaving is done on looms, about the same as with silk. The coloring is done with minerals when the glass 13 originally melted. A steam hammer in the La Uelle ; Steel works, at Pittsburg, on Wednes- , day struck a tool in the bauds of John j Ilazzard, a workman, with such force as to drive it entirely tiir'-ugb Ii is thigh. A llarrisburg yesterday. Governor Hojt ist-ued a proclamation announcing the payment, cancellation extinguish ment and fiual discharge of G3.(79, 21 of of the principal of the public oebt of this commonwealth during tbe past year. Mr. Joseph Van Paniker, of Wc6t port, Clinton county, killed a deer in in the river last Mondav with a jsck kuife. Mr. Van Latiiker was traveling 10 a waeon between Wes'port and Hen ova when he discovered the deer in the rivr. He approached near enough to sieze tbe animal by the bead, when he cut its throat and dragged it to shore. Soma people in Armstrong waDt a Df.vi connty, to be lopped frcm parts of Al egheny and Westuiore'and. An o!J coople died recently in East Hanover township, Lebanon county, who had lived together an utinnal number of years. Catharine Bross (i'iro Shaffer), th last of the family of Isaac Shaffer, died on the 30(h of Ootober, eight v-four years and eight "month old. Michael Bross, her hus band, died November 12. being eipbty nio years, five mrnb and two dais old Thev had lived together in married li'e sixty fonr years. IN EQUITY. LOST CREEK MIFFLIXTOWN. IitPOBT Of YT. X. SEIBERT, Master in Chanckbt. Last Fri-lav V. X. Seilx-rt Master in Chancery in th3 ense in Equity, Lost Creek, aiul Miillintown, jiliwej his report among the archives ot the ProthonotATv's office. It is an inter esting paper, and is divided into live grand divisions : I. The Ecclesiastical History of the Relioous Societies of Miillin and Lost Creek, in connection with that of the Pat ent Congregation of Cedar Spring. IL The Financed and Temporal History of the same. IIL "The Hintory of the Ecclesias tiVsl Separation, Division of the Re ligious Stcieties of Mifllintown and Lost Creek. IT. Certain Facts are Specially Formed, Of which brief mention is here mide, as above stated, by title only, excepting the fifth grand division, which L given in full, as follows : V. Opinion or the Mastek Upon the Case. 1 he formative held of this case is in the Pnki.rtf t.-trv Ordnf in trust la certain Clti- ; a(lhe;ine to the pre.,bv,erian faith a.,d j , , . ... ..-, r . r ,, iipnii in mpinuii'. i, i ii iu vi uiu'-i f tot dated 30th of March, 1767, and direct ed to William MaClay, Deputy Surveyor, for 2(0 acres of land for a Presbyterian Meeting House and graveyard, alleged in the bill aud admitted in the answer. This was not a conveyance to trustees for the nse of a specilieally designated religious congregation a in Erendel vs. Ger. Kef. Cong , 9 Casey 4 15, and McAnley's Appeals, 21 Smith 397, but by the terms of the grant the conveyance was in trust "tor a Presby terian Meeting House and graveyard," a purpose somewhat gener.il, but specific enough to clearly show the scope of its op eration as intrusted. Whether this proprietary grant was a vol untary consequence as a gil t to a charitable use. or whtther it as a consequence for a valuable consideration contributed by a number of persons, and mide to these cer tain citizens "in trust" fur the purpose des ignated as intended by the contributors ot the fund in both of which cases the "cer tain citizens" would be a baso of qualifica tion, fee, a fee in them for the uses of the trust, or whether the consideration money was paid out of the independent personal funds of the certain citizens, whereby they took an absolute fee, with au executionary trust of their own creation limited upon it does not appear, and in the present con dition of affairs is unimportant, because although the original grant has been con verted, it has not been diverted, and the title to the estates purchased with proceeds of the original grant, or r.ither with the a hole of the converted original grant, was merged and commingled, no matter where or how invested, is held iu trust for the pur poses designated in the original grant. See Kirlin vs. Campbell, 8 Harris, 5G; GritHtts vs. Cope, 5 H trris, W ; Brendel v. Her. Kef. Cone. 9 Casey, 424 ; McGinnis vs. Slatreu, 3 Wr., 9; liar vs. U c!H, 12 It-mis, M ; Mar!i:i vs. McCord. 5 Watts, 433 ; Trice vs. Maxwell, 4 Casey, 23. The first question to be considered is, " What was the efTV-ct of Charter of incor poration upon the trust exp-essed in the proprietary grant J" That the grant was a trust at the tinie of the creation of the cor poration there can be no doubt, and the trust being lawful will be vigoronsly en forced ; no matter where its inception, how it originated, or what its present condition The grant for a Presbyterian Meeting House and grave-yard, having by appreciation of . -j .. conversion and judicious man- , ,ement, commingling therewith of o.her - ralnm vuliintrttr contributed, or iims - . . whutnot resulted in establishing tico Pres bvterian Meeting Horses snd two Presby terian graveyards, the VZ1 of tbe oli ginal grant are carried out in f nr-!!""""" the object sought to be atta'nod thereby, 'C rcit: the propagation and perpetuation of the Presbyterian faith and form of worship, but the result is doubly augmented as com pared w ith the capabilities of the grant as estimated iu the mind or minds of the per son or persoas who instituted the same, at the lime of the establishment of the meet ing house. The change from Cedar Spring to Mifllintown and Lost Creek in no way in fringed upon Ihe trust, but. while preserv ing it, extended and amplified its operations within the scope of iu purview, a result certainly the reverse of adverse to the pur poses of the donor. It must be remember ed that the trust had attained this condi tion of augmentation as early as October 2, 1799, for we find by the records of Presby tery of Huntingdon, that leave was granted Cellar Spring parent and Lest Creek offspring to apply to Carlisle Presbytery for supplies, and two years lat'T, Nov. 10, 1801, we found Kev. Matthew Brown re ceiving a call from the United Congrega tion of Miillin and Lost Creek, at which time the present church seems to have given way to its legitimate offspring, Mif flin and Lost Creek, and we find them ad ministering npon its estate, selling the Glebe lauds, and making distribution and settlement once iu 1822 and again in 1829. Six years after the united congregations had called the Rev. Matthew Brown, to wit, iwI, March 1st, these ecclesiastical bodies became an aggregate civil corporation, un der the provisions of the act of April, 1791, (3 S. L., p 20,) by virtue of the charter of the corporation as printed and contained on pages 9 and 10 of defendant's answer in this case, which see. This civil charter could in no way restrict or limit the trust pie vionsly existent, or operate to dhert the application of its revenues. It was simply an instrument of the civil law, an auxiliary to the religious societies it is incorporated and made a body politic. By the terms of the act of fith April, 1791, that corporation was created tor a religious purpose. What religious purpose f Why, only that which the original grant names and if the charter conflicts with that, the charter must succumb, and the original grant j revil. McGinness vs. Watson, 6 Wr., 9 ; Henry vs. Dietrk-k, 3 Chrsis, 280. Could or does this civil charter lessen the ecclesiastical powers, vested in the chnrch judicatures by the original law of the Pres byterian Church t It would be an anomaly, indeed, to hold that a number of persons who had become members of a sectarian denomination (and in this case, as such trustees be an express tru-tt) and thereby subscribed to all tne rules of church gov ernment, order, faith and discipline (whLb the trust was established to perpetuate) could be released from obedience to these ' rules, 4.e , bj- dimply being incorporated into a civil body thronrh a charter contain ing provisions conflicting with those rules, and so forth.. To establish nch a role of law would brf to give the incorporating civil power the domiuion and authority to abro gate or annul any or all rulea of church pol ity, and thereby render the ecclesiastical antonomy granted by the Bill of Kighta something lesa than words of promise kept to the ear and broken to the hope. This charter is a peculiarly framed instru ment. But for tbe language of the pream ble and 1 and 6, its verbiage would seem to refer to but one church edifice. Some of the incongruities may be found in the following sections: There shtll be a board of trustees of the said congregation (equivalent of corporation) which shall con sist of 6 members, and who shall have been at least one year a pew bolder or proportionate supporter of the church afore said (which f Presbyterian generally, or Mifilintown or Lost Creek) before he shall be elected. J 9 That the power ot the board of trustees shall extend only to the temporalities of the church (equivalent of corporation) in renting and selling tbe pews. collecting tbe pew rents aud when dues of the chr.rch (equivalent of corporation) keeping the place of worship and burying ground in repairs, (there mere two, which 7) providing for and paving the debt of the church (equivalent of corporation) fixing and paying the salary of tho minister, clerk, and sexton (there was one minister, two clerks, and two sextons ) 55 13 and 15 ex- hibitalike iudeliniteness as te from tho desk or pulpit of which church the notice therein required to be given, shall be given, These inconsistencies or crudities are probably the result of this particular char- ter having been copied by a layman from some former charter, or from a form for such, net comprising two church edifices with separately wort-hipping congregations. J 9 Also provides, "but they (the trus tees) shall have no power to alienate or let ofl" ground, on ahieb it (the school bouse) may be built now or hereafter claimed by the congregation (corporation), or dispose of the money for any other use than that j byteriaus, and we must conclude they acted for which it was originally intended, rtthout j consistently, else they bad not been in sub tht content of two-thirds of the congregation ! ordination to the Presbyteries of Donegal (corporation) convened agreeably to public I and Huntingdon, as the record shows them notice." Suppose these corporators for ' to have been. Then how can it be argued i this is the charter speaking did convene agreably to public notice and I of the con- gregation did authorize the trustees to dis pose of the money of the cori-oration, pro ceeds or it venues of tbe original grant or that which may represent it, for some other use than that originally intended, the act would be n.'ra rrr and void, became it would not only be violative of the original grant, but also in conflict w ith S 4 of the charter itself, requiring revenues to be ap- prupriated according to the w ill or intention of the donors, and hence the power im pliedly conferred by the Concluding clause of 9 is inoperative, lirendel vs. Ger. Kit. Cong., 9 Casey, 421 ; Brown vs. Hum mel, 6 Ban, tl ; Plymouth vs. Jackson, 3 ; Harris, 41 5 9 further provides, "That the power of 1 the board of trusties shall apply only to tbe temporalities of the church." Chapter XV, 7 ot the Presbyterian form of gov ernment authorizes corgregatious to sub scribe a call for a pastor by the trustoes. The calling of a pastor does not belong to the temporal or civil side of a church, but to the Sjlnlual or ecclesiastical side. The calling of a minister is as much a part of the worship as tbe appointment of an or ganist or choir. Walnut street Presbyte rian church cafe, 3 Brewster, 2ti; 3 'J., 7 Philadelphia, 310. The terms of this char ter would seem to estop the trustees of the corporation from exercising the ecciesias tical act of signing the call for s pastor, per uiitted them by Form of Government, chap ter X, 5 7. However we find this corpora tion placing its own construction on tiiis clause of tbe charter, and to thtt effect that the pow er conferred upon the trustees by the charter was only auxiliary to their pre vious ecclesiastically conferred po'-vers. The minute Ixx-k of the corporation trus tees, page 200 testimony, p:ge 40 re cords that a congregational meeting, held in Miffiintowc 20:h March, 184 Lost Creek participating by delegates for the purpose of electing a pastor The first called alter .. . .,.- . the incorporation in lSOi . as pastor, was Ilev. John Hutchinson, who was pastor trior to the incorporation, and continued iu i2; -t reNtion until his death, November 11, 1S44 ai which njeeting Rev. Matthew Alli son was unanimously e'-ted, aud by reso lution the trustees weiw authorized to sign the call. These statements respecting this charter which Attorney General M ihlon LVkcoson most likely "perused and examined" by proxy are only made previously to consid ering the agreement made that but one min ister of the two congregations as a charter requisite. 9 of charter provides, "That the power of the board of trustees shall extend to fixing and paying the salary of the minister ," and this is tbe only refer ence made to a minister in that particular instrument. Can it be taken to mean that this incorporated congregation, " worship ping separately in two church edifices eight miles apart," shall never be permitted to have but one minister, and thereby as abro gating VIII of chapter X, of Presbyterian Fonu of Government, which provides, "Tbe Presbytery has power to uuite or divide congregations, at the request of the people, or to form or receive new con gregations ." The Master is of tbe opinion that it does not so mean, because with the election, calling, installation aud ministrations of a pastor the corporation has nothing to do ; its duty was simply to fix aud pay the salary of the minister to and of any future minister or ministers that the proper ecclesiastical authorities, having jurisdiction and actiug in a constitutioual tanner, might supply in f urtherance of the trust, that by no possible system of con struction can that clause of $ 9 be taken as meaning that Presbytery shall not have power to "divide," lor that then the char ter would agaiu be at war with its own re quirements and purposes as expressed in 2, and that, in addition, it would attempt a thing the civil law would not permit it to accomplish. Bi unell vs. Itif. Cong., 9 Ca sey, 418; ilcGiiiuis vs. U'atson, 6 Wright, 9. $ 2 provides who were at that time, aud should or might thereafter become corpo rators. " The subscribers and such others being citizens of this Commonwealth, as shall hereafter be admitted and become members of the cougregatiou" this word cannot here be takeu aa the equivahiut ot " corpo ration," becau-a it is a word prescribing qualifications of membership in the corpo ration "and who a.ihere lo the religious principlea and christian doctrines bold by the lte United Synods of New York and Philadelphia, and at this time (1807) men tioned and expressed by the General As sembly of tbe Presbyterian congregations in their acts and testimony of their Chris tian faith and directory for church discip line among their ail here nts throughout the United Stales ol Noith America, shall bc- come and be a corporation and body politic in law and in fact." By the Master's construction this power vested in Presbytery by the fundamental law of tbe church chapter X, $ Till was a part of that specific directory for church discipline relerred to In the above section at the very time the church was adopted, and therefore, adherence to the rule was and ia a pre-requisito to attaining and re taining membership in the corporation. Although the present form of Government was "amended and ratified in May, 1821, yet the substance of VIII, chapter X, was a part of the organic law of the church, not only as adopted by the late Synods of New York and Philadelphia, aa far back aa 1708, and was most likely brought across the At lantic, and therefore onlv le-adopted in the . corporation of 1821. See atk, panes 16 and K'J. The present rorm of Govern ment of the Presbyterian Church is divided into three books, 1st. Of Government, 2nd. Discipline, 3rd.. Directory of Worship. The charter expression, Directory of Church Discipline," is taken by the Master , to have been then (lt7) intendtd to coin- ' prise generally the substance of what in 121, was divided into the niiove three head iugs. That which is now il. very first ' chapter of Book 1. of Government, was first ; drawn up by the Svnod of Jvew lork and Philadelphia, and prefixed to the form of ; Government, as published by that body in ' 17f 8. In that year the Synod of New York ' and Philadelphia arranged the plan on which the Presbyterian Church is now governed. i The Synod as ditided into four Synods, ; and gave place to the General Assembly as j the Supreme body, which met for the first '. lime in 1787. Now this exhibits the reason hy the Master states that J VIII of chap- ter X, of Book of Government is compre hended within aud by the expression of 2 of the charter. These early corpora- tioos would scarcely have subscribed to part and not all of the Form of Government, tion reads, to unite or divide congrega . . , i ,, . I lions, at 1 he refines t of the people," or to If the, had, they would not have been Pre,- , I .JZni This that the clear expression of 2 of thechar- : ter can be nullified, rendered nugatory, by the i and obscure expression (as re lating to the subj ect matter of the argument in this connection) of J 9, in , "That the power of the board of trustees shall tx teud to fixing and paying the salary of the minister. But suppose the Master to be in error, in his construction as to what was compre- j beaded by the words "directory lor church discipline" in j 2, aud let us move a step turther. This charter became operative March I, 107, seventy-three years ago. How many of the subscribers thereto or others who were members of the religious society at that time are now here t The Master caa- dt..K.p fti noistwir. Tepiitinp bv mav- j i inir that in nidv:ny from orduiaruv excen- tiocal cases of longevity, there can be but few. Almost all must have passed away, and the few, if any, left be gray-headed and very aged men, the '-silver cord" of whose mortality is near unlnosid. The great ma jority ot these corporators are those ho hate becorue attached to the worshipping congregations of both churches since lf2!, when the present book of church government was adopted, and all these must have joined these congregations. recognizing them as a portion of the Tres- byterian Church, and by connecting them selves therewith contracted themselves as constituent individuals in sub irdination to the constitution and rub s as contained in that form of goveruiueti' in them baw they ever since ecclesi.isticallr lived and , moved, through them procured their minis ter, by them have their representatives in Presbytery, Sjnod and (Jenera! Aseml.iy, and under their provisions were the appeals in this cause enrried to the highest Judi catory ol the Chcrch. In that Consti'u- c'"lri'h judicatories, in the light ol the . . , lacM, what nu'ter I Its obioct would be to tion orForiuorovemnieiitare wctobnipiveno1CL,4n,, enab0 atteuailuce ,,e the standard by which we are to judge this j rooer time and place. Lost Creek was act of division, and if the Chnrch is to be ! represented and heard in Presbytery p:ior i. :,. .. H i, ,..,, i,..r ic ,h i to continuation of tho report ol the com- , c " . , , ' Mate imposes law upon it for its internal i relations, beyond what is necessary lor the i order and security ot the 5 talc, tln;n is it ! not free. The State not having instituted ! any positive law for tlie case, w e must re- j f,:,....,! all(l beard, and lhat body ap sort to the law to which the panics have I j,ruved the action of the inferior jodicator alwas heretofore submitted. Belore co il ' ies. If subsequent leg.il rltarmn was t c- .. ,j . i : u cessarv, should it not have been directed to aulhoniv the q!i"s'iin is, not which party. , ..as, ... . , ' ... . the ap joul.i lietore the Church Courts I has the m jjorfy, but which is right accord- J , "Ag , .,:,, f thP!M) cnur.h judk-a. ing ?o the law by which the bony has hith- j tories being contrary to tho laws and the erio conserved to be governed. Klevcn constitution of the church. Presbytery , -, , , , ,, -i i confirmed tbe report for the committee States have ,. sub.-t to an analagousrule j nl,tj.jn division ; Ibis action wa, atlirnied in both their interna, jnd internal relations, ! by the Synod of llarrisburg ; the General iot tha" there is j anv civil authority to control auJ j ' 1 . - 1 i id , : tatCS, aii'il I inem, nut oecause surrounuing p the world, and God control them. fc-utler : vs. The Kef. Dutch Church, 6 Wright, 509 I el possum. Were the civil law to hold otherwise, it would be standing in the way of church progression, thereby direct!) con trolling ecclesiastical action, aud positively contravening the provisions of tbe Consti tutions, State and Federal, prohibiting the civil law from exercising such jurisdiction. Tbe Church moves ever onward, and the nearly nineteen centuries ptst have seen changes of faith and formula, rule and prac tice how varied and great, only the student of church history can know, and notwithstand ing charters and parliamentary enactments, new rules of practice and discipline adopted by the church as a great whole, have never been permitted to work forteituro of title held in trust for the perpetuation of the faith aud practice of the Church. So if this charter seeks to limit and couservc4he government rules of practice of Prestyte rianisiii back to what they may have been in 107, if changed from then, then tbe church is not Presbyterian, while the trust and its uses are the charter may stand still and perish, but the trust will move on with the church aud live. The reason that new rules and formulas and matters of prac tice adopted by the chnrch through the General Assembly, aud ratified by the Pres byterians must be acquiesced in by the con gregations, may Bud its parallel in that which requires the States to acquiesce in amendments to the Federal Constitution when ratified by the legislatures of the re quisite number of States, and to this illus tration the pro rt uata doctrine of McAu ley's appeal, 27 Smith, does not apply. At this time advance sheets, setting forth pro posed changes in the organic law of the Presbyterian Church, arc being distributed among the individuals composing the juris dictions of the church for examination and study. Should the near future see them ' adopted in tbe constitutional mode, the con gregations and charters sustaining the rela tions this one does must abide thereby Hence, again, the Master finds that the Piesbytery of Huntingdon had the power to divide the congregation of M.fflintowu i and Lost Criwk. Being, then, of the opinion that Presby tery had the power and right, under VIII of chapter X of tbe Form of (government, to divide the congregation of Mifllintown and Lost Crvek, so that iustead of having one congregation njon the rolls of Presby tery, they bare been recorded there aa two, fbe Master now proceeds to dispose of the questions raised by the plaintiffs iu the titb section of the Bill of Equity : As to want of due previous notice of division, or sub sequent legal citation contrary to tbe Constitution and laws of the Presbyte rian Church. I. As to want of due previous notice of dii ision : 1st. The Master refers to the facts from Jnte. pagea 9. 10, 11, 12, 14, 14, 15, 18. 2nd. The Form of Government requires no previous notice, neither do tbe rules for judicatures; and from an examination of Moore's Digest the Master has been unable to Uud that any of the ecclesiastical judica tories have established any rule requiring notice to be given of a proposed uniting, dividing or loriuing of new congregations. The lact of no notice being required may be because these powers are vested by the fundamental law in Presbytery, constitu ent part of which is one pastor and one ruling elder from each cougregatiou within its jurisdiction the Master's ecclesiastical reason tor MeAulev'a appeal, 27 Smith, would seem not to allow il as a legal reason, but we can only consider il in Its legal as pect if the rights of property or civil rights generally tw entreoched npon. The case at bar shows tuoru than the semblance of legal notice required, and also, thus far, the ixclusivtiivss -f a matter strictly church polity beyond the jurisdiction of the civil courts, of SIcAuley's Appeal, as well as that Presbytery has acted within the scojw of its authority. Kirra Appeal, 8 N orris, 97. 3rd. Objection Is made that Presbytery appointed a committee to cstaolisu a separ ate and independent church organization at MitTlintown," and that the committee divi ded the congregation, an act different in character from that which thev were ap pointed to perforin. The Master thinks this objection to be without merit. The com mittee established a church organization at MUUii'town separate from and independent of Lost Creek, no matter what the process. Here the Master desires to call attention specially to $ VIII of chapter X of Form of U.irrrmueut- Tbe clause under considera- l.:.. form or receive new congreg; organic law, altered and amended from time to time, by the ablest ami most expe rienced intellects in the church, theretore we must conclude that it contains nothing superfluous, but that some motive of strength and reason of weight counseled the incorporation of every sentence ; and we must take tbe words, "unite," "divide," "and form or receive new," as each baring a substantially ditl'erent signification, and contemplating ditl'erent phases of action. This is the Master's construction. The Presbytery may, at the request of the peo ple, unite two congregations, worshipping apart (as in the adjaceut town) each having a separate pastor, when in the judgment ot Presfiy tery either is too weak to stand alone. (2) Presbytery may, likewise, at the re quest of the people, divide two congrega tions worshipping in church edifices situate apart as in adjacent towns, under I lie joint pastor, when, in the judgment of Presby tery, the welfare ol tbe cburchus demands it." (3) Presbytery may form a new con gregation where none existed before, as in a new community or where a congregation becomes two large, and oveitlows. (4) Presbytery may receive a new congregation, as from another Presbytery, or one former ly actiug in connection w ith a diticrcnt de nomination. A circunistanc precdent to union or di vision at the request of the people, Moore's Digest, page 174, pi. 53, specially required by the organic law, and the request of a majority is suliicient, Mood's D'g'-st, page 173. pi. 50, and thin is in restraint of Pres bytery's power. No such preceding cir cimistanc is specially stated to apply in the matter of forming or receiving new congre gations, as common sense teaches that in the nature of the thinr a voluntary presen tation or request necessarilv precedes re pelling: and ill the matter ot an over-lull j .weption. tbe sbence of the restraining tTiauu Ki.ro an t-iiii"iihi uu ni. pi, . povrer, but, when exercised if it iiiteneres with jiroj-erly nehts the civil courts can in terfere as in McAuluy's Appeal. Then the action of this couiniittee ui Presbytery in dividing, was constitutionally correct, and not in conflict wiih or excess of the itnty and power committed to them til es tablish "a separ ilfc and independent rhnrch organization at Mi.'Hintown." Had it b-ea, the confirmation of th commit tee's action bv I'resbvterv cured Ihe detect. II. As to subsequent legal citation. If ' I.ost Creek were not served with such by nuttee that made divi. ion. Lost Creek ap.. ..i.,.i ,.., ,n ,o. r r.. iVnod, was represented aud heard there nlUr Ihe constitutional method. Finally 1mM Vrttk .U'J ,,r"'" tbe aiCrmai.ce of t iii.ul lik tti.' Ui-niT-il Aitsoliililv. was there Assembly decreed their actions to be right, aId tbe result is binding on ."otter on U.rp., 6S2 W i.'-ll-en- -.7!1. J,1 """J","5 " "'otter on Corp., oiS-; n atsoo vs. Jones, The 6th section of plaintiff's bill also al leges that thi; div-L-'ou by the Huntingdon Presbytery, and the crtc'n of separate and indeiiendent PresLyriari congrega tion at Miftiintown "was in yioh.'ion of chartered rights." This is an alleg.'fin which, if the chartered righta are permis sible in-law, and sustained, brings the mat ter within the jurisdiction of tho civil courts, and they nay interfere to pre ent or redress the h jury. I. There is allegation of a schism here of abandoning doctrinal faith or tenets, lhat would make a forteituro of property rights, under Ihe trust, as to the schismatics, as iu c boss's Appeals, 17 P. F. Smith, 1S3, and Kosln's Appeals, 19 id, 412. But oa the contrary, all parties are still adhering to ihe Presb; tcrian f aith and form of worship. II. L'pon the part ot those complained of there is no refusal to follow any ecclesias tical rules, customs or law as determined by tlx church judicatories ; but on the con trary, the defendants are acting in harmony with the rnlmgs and decrees of Presbytery, Synod snd General Assembly. HI. There is no secession Iroia a parent church aud erection or a new edifice, as in Trustees vs. St. Michael, 12 Wright, 20, which there was held to amount to a relin quishment of property rights. IV. Then we have the single question as to whether this division by the Presbytery of Huntingdon has violated permissible charter rights, or in other words, has inter fered in auy wise with the temporalities of tbe rhureh to the detriment of Lost Creek T The effect of this division by the Presby tery of Huntingdon was, 1st. To create two Presbyterian congre gations upon the rolls of Presbytery Irom tbe same people that had theretofore consti tuted but one. 2nd. To give to Mifilintown and Lost Creek each a separate pastor, instead of the joint pastorate they jirevionsly had. Sid. To give to Mifilintown and Lost Creek, each, a separate set ol ruling elders, and separate set of deacons, though prac tically this was a change of small moment, none as to tbeir representative rights in Presbytery, as each church possessed elders and deacous previous to division. 4th. 1 bese changes are all ecclesiastical in ihuir character, and such as the charter does not presume to control, and, if it did, could not. 5th There was a special disclaimer by tbe Presbytery of Huntingdon and the Gen er' Assen.t.iy uj aneci auy icmpor.. anair. VI kllCSC: V"HK t(i-inuu, iu auu irj cleslastical action. Tbe corporation is still intact. To bor row partially an illustration used by counsel in Ihe argument before the Master, this ecclesiastical division affects the corpora tion no more than drawing a diamond across a mirror, thereby dividing it into two pieces, each giving a separate reflection, would affect Ihe frame encloaing that mirror. Tbe people of Lost Creek were never in posses sion of the Mifilintown church edifice, ex cept constructively as corporators, through the corporation trustees, and they are so yet. The mere fact that some of tbe trus tees may be acting with the newly-organised church at Mifliintown affects nothing it is only au individual act they still Bold the title in trust for the original corporators awl tlid ase of the original grant, and could be legally compelled to join in alienation directed by the corporators, or to do aught else necessary and appertaining to the wel fare of the congregations within the scope of their powers. Though in 1839, 19th January, when a joint congregational meet ing resolved that the trustees build a new church at Lost Creek and appropriate $1500 for the purpose the trustees at their meet ing, 23d January, 1839, solemnly, in viola tion to the joint congregational action, de clared themselves to be decidedly of the opinion that such aclion was not binding on them, but admitted lhat the same was en titled to mature deliberation as a recom mendation coming from their constituents, and thee acted in accordance wilb the in structions of the congregational meeting. Vide Corp. Min. Book, pp. 180, 182, 183. There is nothing in the fundamental law of the church requiring trustees to be mem bers of the church, though the charter re quires them to be members of tbe church, and congregation, and this requirement can be complied with now as readily as before division. It is tbe fact that before division Mifilin town ontrolod three-tilths and Lost Creek two-fitth of the amount of the joint pas tor's salary, each enjoining the partial min istration in the ratio of its contribution, and presumably, tbe joint pastor's salary was paid out of the revenues of tbe corporate property, pew rents, and so forth, which beyond doubt was entitledjto go into the hands of the trustees, and be by them ap propriated to the uses of the congregations in consonance with the purposes fcf the grant. Yet in this regard the history of the case shows the charter bad become ob solete or fallen into a condition of deswe tude, if indeed tbe powers were ever exer cised, for we find the trustees of the cor poration before division lo have had but two treasurers, James Knox, 1 bio, and it li-tin Patterson, 18.18, and they received the Glebe money and land revenues, but not pew rents, money foi pastor's salary, jani tor's wages, church expenses. It docs not appear that tbe trustees ever "fixed" the salary of the minister, but it does appear that such salary was fixed by the congrega tions. That these revenues did not pass through the bands of the congregations, of trustees, or their treasurers, waa a mere matter of practice having its formation in convenience that was at any time revocable. Il is further the fact that since division on the 15th June, 1875, co corporate funds arising from the Mifilintown church or its congregation have been appropriated to the paying of the salary of a mininter for Lost Creek. But this fact or none of the ser vices derived from the Mifllin church being applied to tbe use of Lost Creek, if sh" be entitled to any portion of them, is not tbe result of the ecclesiastical division in the direct sense, but the result of the neglect of the corporation trustees. The mere ec clesiastical division did not per tt in any tttinnw nr form adect lht revenues or j have anything to do with corporate proper-, ty. Vide Kamsey'a Appeal, 7 Norns. If i corporate fucils were misaj plied or w:ih- held from those hgally entitled to receive; them, the action of the ecclesiastical judi catures is not the proximate causa of direc- ! 1 i tots of the corporation, invested, as to the ! temporal affairs of the ecclesiastic! societies ' of ilil'.liuai.d Lost Creek, with the charter pouers, and their neglect or improper ac tion cannot be chargeable to tbe ccclcsuisti cal division as the impelling cause. Therefore the Master is of the opinion lhat the eccle.'i.isiical division has not vio laltd charter rights of the Preshvtcrian Congregation of Ctdar Spring, comprising ' the Congregation of Mitfiin and Lost Creek, I as alleged in $ o of Plaiuiitra Bill, as ali j ihe functional powers of that civil corpora- j tion may be as fully exercised now as before ' tho division. j Tbe Master must not be understood as . expressing any opinion as to whether or not j corporate funds have been improperly ap- plied, or Lost Creek deprived of any por-1 tion of ber full share thereof since division j be simply states that if Lost Creek is I wronged or prejudiced in Its civil or corpo rate rights, it is the fault of the trustees, : and is not occasioned by the division by the j rresoytery ot Huntingdon. lne other question is not before the Master, nnder shis bill and answer, there is no prayer for relief against supint ness or improper action by manda-cas or injunction. Tb4 bill is against the defendants, and tbe general prayer 'for such further and other relief as the necessities of the case may require," does not cover the case. The bill pravs for sptv'tfo relief by five separate paragraphs. . The four 3rst relate to such matrers as he j exclusively, undei the facts of this case, , within the jurisdiction of ike ecclesiastical ' courts, aud without that of the civil court. I Tbe prayer of the fifth paragraph is " that it may be further adjudged and de-creed that the said congregation at Mifilintown ; has forfeited all right and title ta any part of the corporate real estate, and that the said real estate of the said corporation sit uate in the Borough of Mifilintown, and all the real estate owned by said corporation shall be decreed to belong to, and be man aged and controlled by said Lost Creek con gregation " Under the facts as found by the Mastpr, and bis construction of the rules of law and equity in relation thereto, a decree in con formity with said prayer ought not of right te be made. Therefore the Master is of the opinion that the Bill in Equity, fi ed to No. 2, De cember term, 1877, in Common Picas of Ju niata County, Pa., Between John N. Moore, President of the Board of Trustees of tbe Presbyterian Con gregation of Cedar Spring, comprising the Congregations of Mifilintown and Lost Creek, Plaintiffs, and Ezra D. Parker, George Wilson and David Cunningham, Committee, and T. J. Sher rard, Pastor, of and representing the Con gregation of Mifilintown, Defendants, must be dismissed. John Smith, aged fifty, was locked up in the Jersey City (N- J.) jail Tues day night, at tbe instance of his fam ily, for drunkenness. Lie hanged him self with a comforter to the cell door, but the comforter broke and a prison companion, who was asleep, was awak ened by the fall, picked him up and laia ntin on a DeDch. .lesterdaj morn- ing he was dead. j Leanl JS'oiicet. Assigned Estate of JoUn Mines' IXf O t'ICE is hereby given that John UU X 1 ler has made a general assignment for the benefit ot his Creditors to tbe under signed. All persons indebted to said estate are reqnented to make payment, and those having claims to present them without delay to S. 11. KINZtlk, Assignee, Oakland Mills, Juniata Co., Pa. Pec. 18, 1880. Relief Association. Tue Middlc PisssvLvasia Mitcal'1 Keliev Association. i Mifilintown, Juniata County, Pa., j December 20, 1880. ) The annual election of officers of tbe Mid dle Pennsylvania Mutual Relief Association and of a board of Directors will be held at the office of the Association on Bridge street, in the borough of Miftlintown, on Fridav, January 21, 1881, from 1 o'clock to 3 o'clock P. M., of said dar. LOUIS E. ATKINSON, President. Joseph M. Tolasd, Secretary. DIVORCE NOTICE In tbe Court of Common Fleas of Juniata County, State of Pennsylvan ia, No. 85, April Term 1830. Jerome llaldeman vs Adda Ilalda man. OUDKR of PUBLICATION To Adda llaldeman Madam, you will take notice that the Court has granted a rule on you to appear at a Court of Common Pleas to be held at Mifilin town, in and for the Count j of Juniata oo the 7th day of February A. D 18 81, to show cause, if ntiy jou have, why a divorce, a vinculo matrimonii should not be decreed ia tbe above case, Personal service on you baviug fa led on acoount of your absence. James R Kellt. Sheriff. George Jacobs Jr. Atl'y for Plaintiff. DIVORCE NOTICE. In tbe Court of Common Pieas of Juuiata County, State of Pennsylvania, No. 95 April Term 1SS0. Mariba D. Pellet, by ber next friend Samuel U. Alien vs. Wiison Pefler. ORDER OF PUBLICATION. To Wilsi n Peffer defendant. Fir you will take uotioe that the Court has granted a rule on you to appear at a Court of Coirmwu Pleas to be held at Mifflintowo in and for the county of Juniata on the 1st Monday of February A. D. 1831 being the 7th ray of the mouth to sbo cause, if any you have why a divoroe, a vinculo matrimonii should not be decreed iu the above case Personal service on yon having failed, on account of your absence. James R Kellt. ctieriff. Jeremiah Lyons Attorney for libellant. ASSIGNEE'S SALE OF HEAL ESTATE. THE undersigned. Assignee of John Mil ler, will offer at public sale, on the premises in Fermanagh towm-hip. about five miles northeast of Mitfiintown. and one and a-baif miles north of Jericho Mills, at one o'clock P. M., on SATURDAY, JANUARY 15, 111, The folio ing described real estate, to wit : A Faini rf 100 ACKE.C, more or less, 1'HJ acre of which are clrar ; the balance i set with valuable timber. The improve ments are a Good Log House, Log Earn, and tith-T outbuilding ; good wter at the door and flowing sprit g- in nearly ail the fields. 1 hre is plenty of fruit on the farm. There is also a SAW-MILL on the farm, iu goiJ running order, iih good water powt-r CONDITIONS OF SALE Ten p -r cent of Ihe purchase money to t: paid when the property is sold, and 10 per ceu!. when the sale is couiirmed by tlie Court, ami one halt Ihe baiauce in sis mouths Irom date of confirmation of sale, and the bil mce iu one year from the time of confirmation, with in terest irom April 1, IQ;I. S. IT. KINZSH, Assignee of John Miller. ALSO At the the same i:ne and place, one iwv-horse tread power and thresher il miming order, on-j go-v-l grain d-iil. S. H. Kl.NZKK, tlec'J Assignee of John Miller. HEAL ESTATE AT PUBLIC SALE. rjllIE nndersisned, Executors of tbe es--L tate of David Bashore, Sr., deceased, late of Fermanagh township, Juniata coun ty, Pa., will sell at public aile, ou the prem ises, at 2 o'clock p. ., oa THURSDAY, DECEMBER 23, I860, The following described real estate, to wit : A Farm situated in Walker township, about four miles from Miillintown, county seat of Juniata connty, Pa., containing EIGHTY ACRES, more or less, all clear excepting about Four Acres; flint and sand land, having thereon erected a Good Frame Hank Earn, Wagon House, Corn Crib, Hog Pen, and other outbuildings, WELLING HOUSE, Good Water, Orchard. This property i in a good community, convenient to churches, stores and schools. The farm adjoins lands of Andrew Bashore, Samuel lines, and others. ALSO At the same time and place, a tract or WOODLAND, containing i Acres, more or less, located about a mile east of th above-described tract. The above properties will be sold. Terms to be made Known on day of sale. ANDREW BAMIORE, MICHAEL R. BAS HOKE, Executors of the estate of David Basbore, Sr., deceased. Dec. 1, 1880. Executors' Notice. Estate of Jacob Riehl, deceased. LETTERS Testamentary on tho estate of Jacob Riebl, late of Beile township, Juniata county, deceased, having been granted to the undersigned, all persons in debted to said estate are requested to make payment, aud those having claims or de mands are requested to make known the same ithout de'av to NOAH RIEIIL, FANNY RIEHL, Dec. 3, 1880. Executors. ESTRAT 2IOTICE. CAME to tbe place of the undersigned in Millord township, 1 miles west of Pat terson, a reddish roan Heifer, with white forehead. The owner is requested to come forward, prove property, pay costs of keep ing, and take the heifer awav. GEORGE RUPERT. Dec. 13, 1880-4t CACTIOJI XOTICE. ALL persons are hereby cautioned not to allow their dogs, cattle or hogs to run, or themselves to fish, hunt, gath berries, or cut wood or yonng timber, or iu any way trespass o.i tbe lands of the undersigned in Greenwood or Susquehanna township. Peter Miller nenry Rush Daniel Shadle George Dressier E Long to. S Dimm Frederick Roats Joel Dressier Sv '-, 178 Jonathan Miller ytrw AdrerttiHrment- warn CURE Tbe leading Scientist or to day arree that most diseases are caused by ii isordered Kidneys or Liver. If, there fore, the Kidneys and Liver arn kept in per fect irder, perfect health will be the result. This truth has only been known a short time and for years people suffered great agony without being able to find relief. The dis covery of Warner'a Safe Kidney and Liver Cure murks a new era in the treatment of th-se troubles. Made from a simple trop ical leaf of rare value, it contains just the elements necessary to nourish and invigor ate both of these great organs, and salelv restore ant! keep them in order. It is a POSITIVE Remedy for all the dis eases lhat c mse pains in the lower part of the body for Torpid Liver Headaches J mind ice Diiziuesa G ravel Fever, A en Malarial Fever, and all dithcu'.tiea of the Kidneys, Liver and Urinary Organs. It is an excellent and Safe remedy for fe males during Pregnancy. It Will control Menstruation and is invaluable tor Leucor rhiea or pal ing of the Womb. As a Blood Purilier it is uneqnaled, for it cures the organs that makt the blood. RtLAJJ THE RECORD. It saved my life." E. B. Lakely, Set ma, Ala. " It is the remedy that will enre the manv diseases peculiar to women." Mothers' Jliiyizint. "It has passed severe tests and won en dorsements from some of the highest med ical in the conntry." .Vew Fork World. N'o remedy hcretolr discovered can be held for o:ie moment in comparison with it." Rev. C. J. Harvey, D. D., Wasftwg ro a, D. C. This Uercdy, which has done snch won ders, is put up in Ihe LARGEST SIZED BOTTLE of any medicine npon the mar ket, and is sold by Druggists snd all dealers at 91. ?A per bottle. For Diabetes, in quire tor WARNER'S SAFE DIABETES CURE. It is a POSITIVE Remedy. II II. H IRYER A. CO., Rochester, N. T. Professional Cards. j JOl'IS E. ATKINSON, ATTORNEY - AT - LAW, MIFFLINTOWS, PA. Uncollecting and Conveyancing prompt ly attended to. Orricc )n Main street, in his place of resilience, south of Bridge street. ; jason inwiN, ATTOSNEY-AT-LAW, MFFLlXTOn X, JCSUTA CO., PJ. All business promptly attended to. (rrtcE Oa pride- street, opposite the Corn iioRse square. (jari", UO-Iy TACUB BEIDLF.K, ATTORNEY-AT-L .UV, MIFFLINTOW.V, FA. IC'Collcctiotis attended to pror.'pt'y. OrFiCB With A. J. Patterson E'q. oa Bridge street, feb -JX, 80. D AVID D. STONK, ATTORNEY-AT-LAW", MIFFLIXTOWN, FA. 7 Coileetions and ali prolcs-siou' busi ness promptlv attended to. june20,H77. . LFRED J. PATTKKSO-N, " ATTORN E Y-AT-LAW, MIFFLINTUWN, JCNIATA CO., PA. K?" AH business promptly attended to. Orrrcs: On Bridge street, opposite th Court House sqnare. LEXANDKK TAIT, M. D., Homeopathic Fhysiciaa, TnOMPSONTOWN, JUNIATA CO., FA. Professional business properly attended to at all time?. jiir.e-1!, 185'J. Tli(ASTELDElxiDT Physician and Surgeon, MierusTow.s, rj. Olhce hours from 9 a. m . to 8 r. .. Of fice in his father's residence, at the south end of Water street. ocl22-f D. M. CKAWF0KD, M. P., j Has resumed actively the practice or j Medicine and Surgery and their collateral branches. Omee at the oia corner oi m and Orange streets, Miillintown, Pa. March I87 J 31. BKAZEE, .M. D., PHYSICIAN AND SUEGEON, .lendemia, Juniata Co., Pa. Orrics formerly occupied by Dr.Stcrrett. Professional business promptly attenikd to at all hours. J-!,. ALLEN, M. D.j Has commenced the practice of Medicine and S urgerv and all theircollateral branches. Otiice at "Acad emia, at the residence f Capt. J. J. Patterson. fjnly 15,18 John Mclaughlin, INSURANCE AGENT, PORT ROY.iL, JCSUT.i CO., rJ. ttT"0nly reliable Companies represented. Dec. 8, 1875-ly II ENRY UAKSIllJERGER.M.P. rimn.i th nrartice of Medicine and Snrgerv and all their collateral branches. Otiice at his residence in McAlistervilIe. Feb 9, 1876. VALUABLE MILL FROPEHTY ITOR SALE ! THE undersigned has for sale the valu able pioperty, known as the CUBA MILLS, located about two miles north of M;!8m town, Jnniata connty, Pa. The advan tages of this property are unequalled in tbe county. Parties interested in the Milling business wonld to well give this notice prompt at tention. Apply to DAVID D. STONE, Attorney at Law. July 2, 1SS0. Mitllintown, Pa- HSuhscribe for theSraiiiWosd Republican- It contains more, and a greater variety o. good and nset'ul readirg matter than any other connty paper.