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SECTION 2. That all the laws of this commonwealth now in force, relative to the borough of Martinsburg, and all the laws and ordinances of the said borough shall have full force and effect throughout the same, as reduced by the first section of this act.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-fourth day of April, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

No. 253.

AN ACT

To incorporate the Allegheny cemetery, in Allegheny county.

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 Thomas Bakewell, Doctor James R. Speer, W. Robison, junior, John Freeman, E. W. Stephens, T. M. Howe, J. Chislett, T. J. Bigham, Corporators. W. J. Totten, Doctor H. D. Sellers, F. Lorentz, Charles Avery, George Hogg, J. H. Shoenberger, H. Childs, James Painter, J. Bissell, H. Sterling, Rev. A. M. Bryan, W. Lippencott, Doctor W. Kerr, E. D. Gazzam, R. S. Cassatt, W. Eichbaum, F. G. Baily, H. Denny, R. C. Grier, G. W. Jackson, Joseph King, Charles Brewer, Wilson M'Candless, J. S. Craft, G. Ogden, N. Holmes, P. M'Cormick, J. Laughlin, R. Biddle, J. D. M'Cord, R. Been, Thomas Irwin, be and they and their successors are hereby created a body politic in law, under the name and title of the Allegheny Cemetery, and by that name shall have Name. perpetual succession, and be able and capable in law to have and use a common seal, to sue and be sued, implead and be impleaded in all courts Seal. of law and equity, and to do all such other things as are incident to a Powers, &c. corporation.

SECTION 2. That the said corporators shall, at least once in every Elections. year hereafter fill, by election by ballot, all vacancies which may occur Vacancies. among them, and may at the same time, or at other times, increase and add to their number from those who may be lot holders in the cemetery, so that the said company shall never be reduced to less than ten, nor exceed forty members; and they shall have full power to ordain, estab- Members. lish and put in execution, all such by-laws, rules and regulations, not By-laws. contrary to the constitution and laws of the United States or of this state, which may be necessary for the proper government of this corporation, its officers and affairs, and until the election of managers, shall exercise all the powers thereof.

Managers.

Officers.

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Power to pur

SECTION 3. That the said corporators shall, at least once in every year, elect from their number, seven managers, one of whom shall be designated as president, and a secretary and treasurer, who shall make a report of their proceedings, and a statement of the finances at the annual meetings of the corporators, and as much oftener as may be required by a majority of them, the said corporators.

SECTION 4. That the said corporators or managers, shall have power chase lands, erect to contract for and purchase from the owner or owners thereof, a tract buildings, &c. of land in Allegheny county, not exceeding in the whole, one hundred acres, and the same to lay out and ornament, and to divide and arrange into suitable plots and burial lots, remove or alter old, and erect new buildings, and to do all other things proper and necessary to be done, to adapt the said ground for the purpose of a cemetery, and to sell and dispose of said plots and burial lots, in fee simple or otherwise, for the purpose of sepulture to individuals, societies or congregations, without distinction or regard to sect, under such conditions, rules and regulations, as the said corporators or managers may establish, for the government of lot-holders, visitors to the cemetery, and burial of the dead: Provided, That the lots granted by the said association, for burial lots, shall not be used for any other purpose, and they shall be free from seizure, levy or sale, under or by virtue of any execution against any grantee or grantees of said association for such purpose.

Officers, agents, &c.

Personal property

Roads, streets, &c.

SECTION 5. That the said corporators or the said managers, after their election, shall have power to appoint all other officers, agents and workmen, which may be needful, and fix their compensation or wages, and the same to discharge at pleasure, to take from the treasurer security for the faithful performance of his trusts, and to discharge him from his office, upon occasion therefor; and they, the said managers, shall keep fair minutes of all their acts and doings.

SECTION 6. That the said company shall be capable of holding so much personal property as may be necessary for the purposes of this incorporation, and it shall be the duty of the managers, out of the proceeds of sale of burial lots, to create a fund, to be invested in ground rents or mortgages, the income whereof shall be of adequate amount, and applied as may be necessary for the improvement and perpetual maintenance of the cemetery in proper order and security, and at least ten per cent. of the purchase money of all burial lots shall be set aside for said improvements, and the creation of said perpetual fund; and any failure in the duties aforesaid, shall subject said managers or corporation, to the control of the competent judicial authority for correction.

SECTION 7. That no street, lane or road, shall ever be laid out through the lands so occupied as a cemetery, except under the authority of the corporation, and that the same shall be exempt from taxation.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-fourth day of April, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

No. 254.

AN ACT

To incorporate the members of the congregation known by the name of "the
United Brethren in Christ," in the borough of York.

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 the members of the congregation known by the name of "the United Brethren in Christ," in the borough of York and its vicinity, be and the same are hereby created and erected into one body politic and corporate. in deed and in law, by the name, style and title of "the United Name. Brethren in Christ;" and by the same name shall have perpetual succession, and be able to sue and be sued, implead and be impleaded; and shall be able and capable to take and hold, lands and tenements, goods Powers, &c. and chattels, real, personal and mixed, which are now or may hereafter become the property of said congregation or body corporate, by purchase, gift, grant, devise, bequest or otherwise, and the same to convey, lay out, apply or dispose of, in such manner as a majority of the trustees of the said congregation shall direct and appoint, and according to the true intent of donors, grantors and devisors; and the yearly value or income of the real, personal or mixed estate of said congregation shall not at any time exceed the sum of two thousand five hundred dollars, exclusive of annual stated contributions: Provided however, Proviso. That the trustees do not dispose or apply any property contrary to the discipline of the general conference of the church of the Brethren in Christ."

United

SECTION 2. That Jacob Ehrhart, Peter Rahauser and Adam Strayer, Trustees. be trustees of said congregation, and to continue in office until others be chosen as their successors, in accordance with the church discipline of the general conference of the church of the "United Brethren in Christ.

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SECTION 3. That the said trustees shall choose from among their Officers. number a president and a secretary, and also a treasurer, who is a member of the congregation, and who shall, if required by the trustees, give security for the faithful performance of the trust reposed in him, and to account to them for all sums of money received by him; and in case of the removal of the president or of any of the trustees, or of any other officer of the board of trustees, by death, resignation, neglecting to attend the meeting of the said board twice in succession, without good cause, or otherwise, the vacancy or vacancies shall be Vacancy. supplied by the said board until the next regular election.

SECTION 4. That the trustees and their successors shall have full Seal. power to make and to use one common seal, and the same to alter and renew at pleasure, to enact and enforce such by-laws and ordinances as By-laws. may be necessary and proper for the regulation and transaction of the business of the corporation: Provided, That said by-laws and ordinances shall not be inconsistent with the church discipline of the general

conference of the

United Brethren in Christ," or of the constitution

or laws of this state or of the United States.

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APPROVED-The twenty-fifth day of April, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

Assent of stockholders required.

Notice.

Assets.

Proviso.

Assent to be recorded.

No. 255.

AN ACT

To authorize the directors of the Marine Insurance company of Philadelphia to wind up and settle the affairs of the company, and distribute the assets among the stockholders.

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 as soon as a majority in number, of persons holding stock, either in their own right or in a representative capacity in the Marine Insurance company of Philadelphia, and holding together more than one-half of the whole number of shares in the capital stock, shall give their assent thereto in writing, it shall be lawful for the directors of the said company, to proceed with all convenient speed to close the business, to liquidate, settle and wind up all the concerns of the said company, and to divide the remaining capital among the stockholders.

SECTION 2. That as soon as the assent aforesaid, shall be given, it shall be the duty of the said directors to give public notice of that fact, by advertisement, for one month in four daily newspapers in the city of Philadelphia; and it shall be lawful for the said directors, at any time after three months, from the first day of such advertisement, to divide the assets of the said company, rateable, among the stockholders, in proportion to their several amounts of stock, by such dividends, and at such periods as to them may seem best: Provided however, That all the ascertained debts of the company, shall be paid before any such dividend of the capital stock shall be made, and that a fund fully sufficient shall be retained to meet all disputed claims, and all outstanding risks insured by the company, which fund shall not be less than the aggregate amount of such claims and risks, and that any director consenting to any dividend of the capital stock, which shall reduce the reserved fund below this amount, shall be personally liable to any party that may sustain injury thereby, and the amount of such injury shall be recoverable by action of debt, as in other cases.

SECTION 3. That the assent in writing, may be recorded in the office of the recorder of deeds for the city and county of Philadelphia, and a

certified copy from the record, shall be as good evidence as the original
paper; no new risks shall be taken or insured by the company, after
the passage of this law, but the direction shall be kept up according to
the charter, until a final dividend shall be made, and then the charter
shall be deemed and taken to be extinct.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-fifth day of April, one thousand eight hundred and forty-four.

DAVID R. PORTER.

No. 256.

AN ACT

To incorporate the White Haven Lehigh bridge company.

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 enacied by the authority of the same, That Joseph H. Taylor, Lucius Blakslee, Isaac Ripple, Joseph Yardley, Commissioners. John Brown, George M. Hollenback, Edward Lockwood, Abiathar Tuttle, David Dean, Joseph D. Murray, Oliver H. Taylor, Isaac Gould and Stephen Gould, be and they are hereby appointed commissioners, who shall be authorized to receive subscriptions to the capital stock hereby created, at such time or times, and place or places as they

or a majority of them may direct, giving notice thereof in a newspaper Notice of subprinted in the county of Carbon, and in a newspaper printed in the scription. county of Luzerne, in this state, for at least twenty days of the time or times and place or places, when and where the said subscriptions shall be received; and at the time of subscribing for the said stock, five dollars shall be paid upon each share subscribed for to the commissioners, or some one of them, which money shall be paid over to the treasurer of said company, as soon as one shall be appointed, and that the residue of said subscriptions shall be paid in such instalments, and at such times and places, and to such persons as the president and directors of the company shall from time to time direct.

SECTION 2. That when forty shares are subscribed for, the persons holding the same shall be and they are hereby incorporated into a com

pany, by the name of the White Haven Lehigh bridge company, and Name. by that name shall have perpetual succession, and all privileges and Privileges and franchises incident to a corporation, and shall be capable of taking and franchises. holding their capital stock, and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper, if such enlargement should

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