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may be preserved for the purpose intended, and those who bury re may be assured of continued protection to the remains of relatives friends who have been committed to the earth.

SECTION 3. That the said cemetery company shall be able and capa- May hold lands, in law to purchase and hold, for the purpose of a cemetery, said &c.

et of land, not to exceed in extent ten acres; also to hold so ch personal property as may be necessary for the purpose of said poration, and assume the management, direction and disposal of

same.

SECTION 4. That the trustees aforesaid shall have power to lay out Powers and ornament the grounds purchased by said cemetery company for the privileges. pose of this corporation, to erect suitable buildings thereon, and p the buildings and premises in decent repairs, to arrange burial lots, sell and dispose of the same for burial places, under such rules as be proper and necessary, to make by-laws and regulations from e to time relative to the appointment of suitable officers and agents, their duties and compensation, and relative to the duties of trus, and from time to time to make such other rules and regulations the government of lot-holders and visitors as they may deem neces

ECTION 5. That no road or street shall be opened through the lands Roads, &c. proaid corporation occupied as a burial ground, except by and with the hibited. sent of said corporation.

move trustees

cies.

ECTION 6. That the court of common pleas of Greene county shall Court may ree full power at all times, upon the application of any trustee, to grant and fill vacanef in equity, so far as regards the removal of any trustee or trustees may be unable to fulfill his or their duties, or who may neglect or reto carry out the object and intention of this charter, and from time me to appoint a trustee or trustees to fill all such vacancies as may oc. by death, or resignation or removal.

ECTION 7. That any person who shall wilfully destroy, mutilate, Injuries to ce, injure or abuse any tomb, monument, grave-stone, or other cemetery, pencture, placed in the cemetery aforesaid, or any fence, railing, or alty for. r work, for the protection or ornament of said cemetery, or of any b, monument, grave-stone, or other structure, placed therein, as esaid, or shall wilfully destroy, cut, break, or remove any tree, b, or plant, within the limits of said cemetery, or shall shoot or Darge any gun or other fire-arms within said limits, shall be guilty misdemeanor, and shall upon conviction thereof before any justice he peace of the county of Greene, be punished by a fine, at the retion of the justice, according to the aggravation of the offence, of less than five nor more than fifty dollars, or shall on conviction eof in the court of quarter sessions of said county, be punished by as aforesaid, and by imprisonment, according to the aggravation of offence, at the discretion of the court.

and taxation.

ECTION 8. That every lot conveyed in such cemetery shall be held Lots exempt The proprietor for the purpose of sepulture alone, transferable with from execution ent of trustees in trust and their successors in office, as aforesaid, shall not be subject to attachment or execution, and that the said etery shall be hereafter forever exempted from taxation.

ECTION 9. That the act of Assembly approved the sixth day of Washington co., il, A. D. one thousand eight hundred and forty-three, so far as the certain act rerelates to the county of Washington, be and the same is hereby pealed. aled, and that the act of the thirteenth of June, A. D. eighteen dred and thirty-six, is hereby declared to be revived and in full in said county, except so far as that it shall not be necessary for court to appoint more than three persons to act as viewers of pub

In laying out ronds, notice to be given.

Damages.

Repeal.

Preamble.

Preamble.

Preamble.

lic and private roads, viewers of bridges, and assessors or viewers of damages done to the property of individuals through whose lands any public or private road may be located.

SECTION 10. That the viewers appointed as aforesaid, shall not pr ceed to view and lay out any public or private road until the person T persons applying for said road, or one or more of the viewers, ge public notice by written or printed advertisements of the time place when and where the said viewers shall meet for the purpose: locating the road, at least ten days before such meeting.

SECTION 11. In any case where the damages assessed shall seem to be exorbitant, it shall and may be lawful for the court to order direct a second view or assessment, unless the person or persons in s terest will agree in open court to release the damages so assessed, such an amount as shall appear to be reasonable and proper, and case a second view or assessment is ordered, it shall be the duty of t person or persons who made application for the view or assessment in the first instance, to notify one of the commissioners of the court: attend on the day of meeting, who shall be allowed one dollar and fifty cents for his services, and no more.

SECTION 12. That any law inconsistent with this act, be and the same is hereby repealed.

WHEREAS, By indenture dated the twenty-first day of September, Anno Domini one thousand seven hundred and eighty-five, recorded us Philadelphia in deed book number twenty, page five hundred and t et cetera, Sarah Delaney did grant and convey unto Thomas Georg and Amos George, then overseers of the poor of the township of Blackley, in the county of Philadelphia, and their successors in office. her undivided one-third part of a certain tract or parcel of land sitate in the said township, adjoining lands then of William Peters at others, and containing about fifty-six acres, to have and to hold the same unto the said Thomas George and Amos George, overseers, e cetera, and their successors in office, for the use of the poor of the said township.

And whereas, By another indenture dated the first day of Apr Anno Domini one thousand eight hundred and twenty, Joseph Le man and William E. George, the overseers of the poor of the sid township, did grant and convey the said undivided third part of the said tract or parcel of land unto Richard Peters, Esquire, in fee, and by the same indenture the said Richard Peters did covenant, for hinself, his heirs and assigns, to pay to the said grantors and their su cessors in office, for the use of the poor of the said township, a certain annuity or yearly sum of one hundred and twenty dollars, lawful money of the United States, and charged the same upon the whole of the sid tract or parcel of land, which by divers conveyances had became vested in the said Richard Peters, and in the said last recited deed it was provided that if the said Richard Peters, his heirs or assigns. should at any time thereafter pay or cause to be paid to the said Jeseph Lehman and William E. George, overseers as aforesaid, or their successors in office, for the use of the poor of the said township, the sum of two thousand dollars, lawful money, as aforesaid, and the arrearages of the said rent charge or annuity, they the said Joseph Lehman and William E. George, or their successors in office, should and would execute and deliver a good and sufficient release of the said rent charge or annuity to the said Richard Peters, his heirs or s signs:

And whereas, The right and title of the said Richard Peters in the whole of the said tract of fifty-six acres is now vested in Joseph S. Lever

ing, who is desirous of paying off and extinguishing the said annuity or rent charge, and of being confirmed in his title to the said undivided third part of the said tract of land, but some doubts are entertained in respect to the power of the former and present overseers of the poor of the said township, in regard to the alienation of the said undivided third part and the release or extinguishment of the said rent charge or annuity, and it is proper that the said tract of land, now in the immediate vicinity of the city of Philadelphia, should be relieved from unnecessary restrictions upon the sale thereof, while sufficient security is provided for the re-investment of the principal amount of the said annuity or rent charge; Therefore,

to make a deed.

SECTION 13. 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 upon the Overseers of the petition of the said Joseph S. Levering to the court of common pleas poor of Blockley of the city and county of Philadelphia, and upon the payment into the P., Phila. co., said court of the said sum of two thousand dollars, the said court, upon due notice to the overseer of the poor for the time being of the said township of Blockley, shall make an order upon the said overseer to execute and deliver to the said Joseph S. Levering, his heirs and assigns, a sufficient deed or deeds of release and extinguishment of the said annuity or rent charge, upon all arrears of the same being paid to him, which deed or deeds shall be prepared at the expense of the said petitioner, and the said court may euforce such order by attachment, and upon the execution and delivery of such deed, the said tract or parcel of land, containing fifty-six acres, and every part thereof, shall be and remain forever after exonerated and discharged, to all intents and purposes, from the said annuity or rent charge, and thereupon all the right, title, interest and property which passed by the first above recited indenture to the overseers of the poor of the said township, shall pass to and be vested in the said Joseph S. Levering, his heirs and assigns, freed and discharge from the said use and trust in respect to the poor of said township.

SECTION 14. That it shall be lawful for the said court to make all Powers of the proper and necessary orders in respect to the money so paid in, either court. for the payment out of the same to the overseer of the township, upon his giving sufficient security for the due investment of the same in other real estate or real securities, so as to produce an annual income for the use of the poor of the said township, or to direct the investment of the same in like manner and for the like purposes.

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APPROVED-The fifteenth day of April, A. D. one thousand eight

hundred and fifty-three.

WM. BIGLER.

No. 395.

AN ACT

To incorporate the Colebrookdale Railroad company; authorizing Daniel H.
Royer to sell certain real estate; and relative to the East Liberty and Pent
Township Plank Road company.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. Th Commissioners. John Shafer, Samuel Shaner, Henry H. Gabel, Jacob H. Gabel, Henry Stouffer, John Stouffer, Daniel Boyer, Henry Boyer, George Mull Charles Keely, H. W. Johnson, John Rhoads, Henry B. Rhoads. Aaron Mory, Amos Brower, Jacob Bower, David Gresh, Charles Hagy, William W. Weaver, and Joseph Baily, of Berks county; James i Rittenhouse and J. Dutton Steele, of Montgomery county; Robert S Buck and J. A. Whitaker, of Chester county; C. B. Weaver, of Lab caster county; Robert Lewis, Lawrence Lewis, David Reeves, Samuel J. Reeves, and Jacob H. Hill, of the city of Philadelphia, or any five of them, be and they are hereby appointed commissioners, to open books, Name and style. receive subscriptions, and organize a company, by the name, style and title of the Colebrookdale Railroad company," with all the powers and subject to all the provisions and restrictions prescribed by an act entitled "An Act regulating Railroad companies," approved the nineteenth day of February, one thousand eight hundred and fortynine.

Subject to pro

visions and restrictions of certain act.

Capital stock.
Proviso.

Location.

When may use road.

Commencement

of road.

SECTION 2. That the capital stock of said company shall consist of one thousand shares, of fifty dollars each: Provided, That the said company may from time to time, by a vote of the stockholders, at 1 meeting called for that purpose, increase their capital stock so much & in their opinion may be necessary to complete the said road, and to carry out the true intent and meaning of this act.

SECTION 3. That the said company shall have the right to build construct a railroad from Boyerstown to the Colebrookdale works, in Berks county; thence to Pottstown, in Montgomery county; by such practicable route and moderate grades as will in the opinion of the president and directors of said company, be most conducive to the public interest, and to connect the said road with the Philadelphia and Reading railroad at any place between Pottstown and Douglassville. SECTION 4. That whenever any section of three miles of said road shall be completed, the said company may use, employ and enjoy the same, in the same manner as when the entire length thereof shall be constructed.

SECTION 5. That if said company shall not commence the construeand completion tion of said road within three years from the passage of this act, and complete the same within five years thereafter, this act shall be null and void, except so far as it may be necessary to wind up the affairs of said company and pay the debts of the same.

When to be taxed.

SECTION 6. That the stock of said company shall not be subject to any tax until the net earnings shall realize six per centum per annum upon the capital invested.

SECTION 7. That Daniel H. Royer, of Blair county, be and he is hereby authorized and empowered to sell and dispose of at public sale

sell real estate.

all the share, part, portion and interest, being the one undivided third Daniel H. Royer part of the real estate late of Robert Hamil, deceased, consisting of two authorized to lots, having a brick house thereon, and also one vacant half lot, situate in the town of Blairsville, Indiana county, and also about ten acres of out-lots, adjoining said town of Blairsville, and to receive the purchase money therefor, and to make, execute, acknowledge, and deliver a good and sufficient deed or deeds therefor to the purchaser or purchasers in fee simple: Provided, That before the said Daniel H. Proviso. Royer shall make and execute any such deed or deeds, he shall give good and sufficient security, to be approved of by the orphans' court of Indiana county, for the faithful and proper application of the money arising therefrom: And provided further, That before any conveyance Proviso. shall be executed, the said sale or sales shall be approved of by said

court.

SECTION 8. That the East Liberty and Penn Township Plank Road E. Liberty and company shall have full power and authority to increase the width of Penn tp., plank part of said plank road ten feet, commencing at the western line of road co., authoJane Finley's land, in Collins township, and running westward to the rized to widen point where it intersects the Greensburg and Pittsburg turnpike, and road.

the width of the said plank road shall be fifty feet for that distance.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,

Speaker of the Senate.

APPROVED-The fifteenth day of April, A. D. one thousand eight hundred and fifty-three.

WM. BIGLER.

No. 396.

AN ACT

To incorporate the Williamsport Water company; relative to the Lock Haven and Tyrone Railroad company; and to steam navigation on the West Branch of the Susquehanna river.

SECTION 1. 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 John W. Maynard, James Armstrong, Samuel H. Lloyd, John S. Grafius, Commissioners. William H. Armstrong, George White, E. S. Lowe, W. F. Packer, Matthias Eder, Abraham Updegraff, Oliver Watson, C. H. Dabler, T. W. Lloyd, J. J. Ayres, J. B. Beck, and J. M. Green, be and they are hereby appointed commissioners, to do and perform the several things hereinafter mentioned, that is to say: they shall, on or before the first When to open day of July, one thousand eight hundred and fifty-three, procure one scriptions of or more books, and enter therein as follows: "We whose names are stock.

books for sub

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