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P. L. 16.
Their rights as
to certain laws.
tions entitled to benefits of act. To file certificate of acceptance.
P. L. 41.
P. L. 214.
10 April 1879 $ 7. Provided, however, That the husband of such married woman join in the execution
of such bond and mortgage ;(0) and such married woman shall also have the right
to sell, assign and transfer her said stock, or withdraw the same, without joining stockholders. the husband in such transfer or withdrawal; and it shall be lawful for any such
savings-fund, building or loan association to collect such loan made to such married woman, including the dues, interest, premium and fines, as loans made by such associations to other members are now by law collected; and such stock, or inter
est in such stock, shall not be liable for the debts of any husband of such married Ibid. $ 8. 19. The bonus or tax due to the commonwealth upon the capital stock of corNot to be subject porations, as provided for by act of first of May 1868,(p) or by any other act,
shall not apply to or be due from mutual savings-fund, or building and loan associations; nor shall the registry for corporations, prescribed by the first section of the act of first of May 1868, the first section of the act of 24th of April 1874,(9) and the 26th section of the act of 29th of April 1874,() apply to or be required of
mutual savings-fund, or building and loan associations. Ibid. & 9. 20. Mutual savings-fund, or building and loan associations, heretofore incorpoExisting associa
rated under the provisions of any law, shall be entitled to all the privileges, immunities, franchises and powers conferred by this act, upon filing with the secretary of the commonwealth a certificate of their acceptance of the same in writing, under the duly authenticated seal of said association, which certificate shall also prescribe
their mode or plan of charging premiums, bonus or advance interest, as set forth Letters-patent to in the first section of this act; and upon such acceptance and approval thereof
by the governor, he shall issue letters-patent to said corporation, reciting the same. 17 April 1876 9 1. 21. All deeds of conveyance of lands situate within this commonwealth, made
by any savings-fund, building or loan association, after the term for which it was Deeds made after incorporated shall have expired, shall be as good and effectual, and have the same the expiration of force and effect for passing title to the lands so conveyed, as though executed durcharter to be valid. ing the period of its chartered existence.(s) 17 June 1978 & 1. 22. All purchases of land heretofore made by building and loan associations,
incorporated by virtue of any law of this commonwealth, and also all sales of the
same, made by them, to their stockholders or others, are hereby confirmed; and sales by building the titles of said associations and their vendees are hereby declared good and
valid, to all intents and purposes; and the said associations, their successors or assigns, may sell, convey or lease, at pleasure, at any time within five years from the passage of this act, the undisposed-of portions of the real estate so hereto
purchased.(0) 22 May 1893 $ 1. 23. Mutual loan and building associations shall be exempt from the provisions
of each and every law imposing taxes for state purposes on their capital stock or Exemption from mortgages, and other securities for moneys loaned to their owu members; but the
real estate owned by said association shall be subject to the same rates of taxation as the real estate of other corporations and persons: Provided, however, That the
right of the commonwealth to collect taxes already accrued is hereby reserved. 18 Feb. 1869 $ 1. 24. On the petition of any twelve or more citizens of Pennsylvania, the court of
common pleas of the county of Philadelphia shall have all powers conferred by Incorporation of
the acts relating to loan and building associations, to incorporate them and their building associa- associates as a perpetual corporation, for the purposes following, to wit: to purdelphia.
chase, hold and build upon and sell in fee-simple, houses and lots in the city of Corporate powers.
Philadelphia, and also to make loans on bonds and mortgages to others to build and improve, and the same to sell and assign, and to borrow moneys upon bonds and mortgages or otherwise for said purposes; and in making sales or leases, or loans on mortgages, it shall be lawful for such corporation, and borrowers of them, to agree upon, and insert in the deeds of conveyance, a condition against the use of any granted or leased premises for the sale of any intoxicating liquors, or unlawful
immoral purposes, the carrying on any noxious or unhealthful business, with right Capital
of re-entry for breach of such condition: Provided, That no corporation chartered under this act shall have a greater capital than one-half million of dollars, and shall stipulate by their articles to devote their capital to improve or promote the improvement
parts of said city most needing physical, healthful and moral reform, which shall be defined and prescribed in the charter, and not exceed eight main squares, and shall apply all their profits, over their expenses, and a return of eight per centum per annum to the shareholders, to and for the construction of substantial stone, or brick or iron habitations for homes for respectable persons of
limited means, either as lessees or purchasers : And provided, That the said court Power of repeal. shall be satisfied of the benevolent purposes of the petitioners ;(u) and that the
legislature may at any time repeal this act, and such charters, if the powers hereby granted should be found prejudicial to the community, but in manner to do no injustice to the corporators.
P. L. 88.
taxation for state purposes.
P. L. 201.
tions in Phila
(0) See Wiggins's Appeal, 100 P. S. 154. Tanner's Appeal, 95 Ibid. 118. Wolbach v. Lehigh Building Association, 81 Ibid. 211.
Taxes.' (9) See tit. “Taxes."
(7) Tit. “Corporations."
(s) See Cooper v. Oriental Savings and Loan As80ciation, 100 P. S. 402.
(1) See Faulkner's Appeal, 11 W. N. C. 48.
(P) Tit. ?
P. L. 1228.
25. All building, saving and loan associations may bring and maintain suits, 26 April 1969 $ 1. and carry on those already brought, in their corporate names, on all judgments, bonds, mortgages, notes or other evidences of debt or obligations due them, or may maintain suits for monthly dues, interest or any demand owing to them, and proceed to judgment after expiration of and execution, notwithstanding their charter may have expired :(v) and the their charter. officers last elected, or the survivors of them, shall be the officers to represent said corporations for such purpose; and if no officer survive, the stockholders may elect others under their by-laws.
26. This act shall only be construed so as to enable said associations to collect Ibid. & 2. up and divide their assets and wind up their affairs, and not to allow them to
Restrictions. transact new business: Provided, That this act shall only apply to the city of Philadelphia
See MUNICIPAL CORPORATIONS.
See MUNICIPAL CORPORATIONS.
1. Joists or girders to be covered during construction.
P. L. 11.
1. On and after the passage of this act it shall be the duty of the party or par- 11 May 1593 $ 1. ties having charge of the construction of any new building hereafter erected in this commonwealth, to have the joists or girders of each floor above the third Joists or girders to story covered with rough scaffold boards or other suitable material, as the building be covered. progresses, so as to sufficiently protect the workmen either from falling through such joists or girders, or to protect the workmen or others who may be under or below each floor from falling bricks, tools, mortar or other substances whereby accidents happen, injuries occur and life and limb are endangered.
2. For every violation of this act a penalty, not exceeding one hundred dollars Penalty for violafor each floor of joists or girders left uncovered, shall be imposed, to be collected tion. as fines and penalties are usually collected.
BUOYS AND BEACONS.
(-) See Wiggins's Appeal, 100 P. S. 154. Such sci. county: Cooper v. Oriental S. & L. Association, 100 fn. may issue though the lands be situate in another P. S. 102.
See Common Schools; CRIMES.
1. Cemetery companies may take bequests for cer- 12. How removal to be made. Rights of surviving tain purposes.
relatives. 2. How to be invested. Responsibility of man- 13. When bodies may be ordered to be removed. agers.
14. Removals regulated. 3. May accept trust for lot improvement.
15. Petition by church officers. 4. Repealing clause.
16. Removal from unused cemeteries. 5. Disposition in perpetuity for care of burial 17. Associations may purchase new grounds when places.
necessary. May sell and convey portions of lands not 6. Cemeteries not to be established within one used. mile of city of the first class, where drainage empties 18. Repealing clause. into any stream from which water is supplied.
19. Streets not to be opened through cemeteries. 7. Regulation of burial-grounds in boroughs. Re- 20. Burial lots exempt from taxation. moval of dead.
21. Violation of sepulchre punished. 8. Grounds may be transferred to borough author- 22. Watchmen may be appointed. ities.
23. Removal of church burying-grounds in Phila9. Jurisdiction of quarter sessions. Removal of delphia to be subject to the approbation of the board bodies.
of health. 10. Transfer to borough authorities.
24. Nuisances not to be established near cemeteries. 11. Quarter sessions may order removal of dead 25. Councils in Philadelphia may prohibit interwhen grounds are needed for building for religious ments in particular parts of the city. purposes.
How to be invested.
14 May 1874 $ 1. 1. Any cemetery company, which is now or may hereafter be incorporated, in P. L. 165.
this state, whose places of burial are not used for the purposes of corporate profit, Cemetery com
may take and hold any grant, donation or bequest of property, upon trust to apply panies may take the same, or the income thereof, under the direction of the board of managers, bequests for cer
for the embellishment of the said cemetery, or for the erection, repair, preservation or renewal of any tomb, monument or gravestone, fence, railing or other erection, or for the planting and cultivation of trees, shrubs, flowers or plants, in or around any cemetery lot, or for improving the said premises in any other manner or form consistent with the design and purpose of the act of incorporation, according to the
terms of such grant, donation or bequest. Ibid. § 2. 2. All grants, donations or bequests of money, which shall be made in accord
ance with the provisions of the foregoing section, the annual income of which only is directed, by the terms of such grant, donation or bequest, to be applied to any
of the purposes set forth in said section, shall be invested by said board of managers, either in ground-rents, mortgages upon otherwise unincumbered real estate, or the
stocks or loans of this commonwealth or of the United States; and the said manResponsibility of
agers shall not be responsible for their conduct of such trust, except for good faith and such reasonable diligence as may be required of mere gratuitous agents : Provided, That the said managers shall in no case be obliged to make any separate investment of any sum so given, and that the average income derived from all funds of the like nature entrusted to the corporation shall be divided and apportioned annually to the credit of said lot or parcel of lots entitled thereto, and the same be expended in accordance with the direction or intention of the donor or
grantor. 16 May 1891 $ 1. 3. On and after the passage of the act it shall and may be lawful for any duly
incorporated burial or cemetery company within this commonwealth, and said Cemetery com
companies are hereby authorized and empowered to accept from any person or panies may accept persons, by the terms of any deed, will or otherwise, any gift, devise or bequest in
trust for the uses and purposes of keeping in good order and repair the family provements, &c.
burial lots, monuments, vaults, tombs, graves and lot improvements, as well as for the planting of flowers, trees or shrubbery, or general decoration with flowers, of any such lots or graves of such grantors or devisors. But this power and authority shall not extend to any other uses or purposes whatever: Provided, however, That such burial or cemetery company, upon receipt of any such gift, derise or bequest, shall report the same to the court of common pleas of the proper county, and obtain the approval of the court as to the investment of the same, when
such gift, devise or bequest requires a principal sum of money to be held in trust by Ibid. $ 2.
such company. Repealing clause,
4. All laws or parts of laws inconsistent herewith are hereby repealed. 26 May 1991.
5. No disposition of property hereafter made for the maintenance or care of
any cemetery, churchyard or other place for the burial of the dead, or of any Disposition in portion thereof, or grave therein, or monuments or other erections on or about the perpetuity for
same, shall fail by reason of such disposition having been made in perpetuity, but places, &c. said disposition shall be held to be made for a charitable use.
6. It shall be unlawful to hereafter establish any cemetery upon lands located within one mile from any city of the first class of this commonwealth, the drainage
P. L. 88.
trust for lot im
P. L. 119.
care of burial
8 June 1991.
P. L. 216.
8 June 1991.
P. L. 216.
P. L. 208.
may be removed therefrom.
P. L. 159.
Transfer to bor
from which empties or passes into any stream from which any portion of the water supply for such city is obtained.(w)
7. Authority is hereby vested in the courts of quarter sessions of the several Not to be estabcounties of the commonwealth, to make such orders and decrees for the regulation mile of city. and care of burial-grounds situated in incorporated boroughs, as the public good 19 May 1974 1. shall require; and when any such burial-ground shall become so neglected, as in opinion of said court to become a public nuisance, the court may direct the removal Regulation of of the dead therefrom, by the proper borough authorities, to some other properly boroughs. regulated burial-ground, and may enforce by proper process all orders and decrees When the dead made under this act. 8. Upon the petition of the managers and officers of any incorporated ceme
Ibid. $ 2. tery company, the said court may authorize the transfer of any cemetery to the borough authorities of any borough in which such cemetery may be located, if Burial-grounds such borough authorities consent to such transfer, and the same (be) made without may be transferred cost to such borough; and upon such transfer being made, such borough authori- authorities. ties shall hold and exercise the powers and privileges of such incorporated company, and may purchase lands within or beyond such borough limits, not to exceed thirty acres, for the extension of such cemetery if the same be necessary, and may raise the means by taxation to pay for the same; they may lay out the Their powers. grounds so purchased and change or alter the original plot of such cemetery, and may dispose of such grounds, in the same manner and for the same purposes as such incorporated company did or could have done, and a deed made by the burgess of such borough shall be of the same validity as the deed of such incorporated company. In changing or altering the plot of such cemetery, dead bodies may be removed and re-interred in a suitable place, without cost to surviving friends.
9. Authority is hereby vested in the court of quarter sessions of the several 13 May 1876 $ 2. counties of this commonwealth to make such orders and decrees for the regulation and care of burial-grounds, situated in and adjacent to incorporated boroughs, as Jurisdiction of the the public good shall require; and when any such burial-ground shall become so courts over burialneglected as, in the opinion of said court, to become a public nuisance, the court may direct the removal of the dead therefrom, by the proper borough authorities, Removal of bodies. to some other properly regulated burial-ground, and may enforce, by proper process, orders and decrees made under this act.
10. (pon petition of the managers and officers of any incorporated cemetery Ibid. $ 3. company, and a majority of the taxables of the borough to which it is proposed to transfer such cemetery, the said court may authorize the transfer of any ceme- ough authorities. tery to the borough authorities of any borough in which such cemetery may be located or adjacent thereto; and such transfer shall be made without cost to such borough ; and upon such transfer being made, such borough authorities shall hold and exercise the power and privilege of such incorporated company, and may purchase lands within or beyond such borough limits, not to exceed thirty acres, for the extension of such cemetery, if the same be deemed necessary, and may raise the means by sale of lots or otherwise, but in no event by taxation, to pay for the same, and perform such other duties as may be deemed necessary in the premises; they may lay out the grounds so purchased, and change or alter the original plot of such cemetery, and may dispose of such grounds, in the same manner and for the same purposes as such incorporated company did or could have done; and a deed made by the burgess of such borough shall be of the same validity as the deed of such incorporated company; and the said burgess of any such borough is hereby authorized to make deeds to those who heretofore purchased lots for burial, but have not as yet been furnished with deeds by said cemetery corporations; in changing or altering the plot of any such cemetery, the dead bodies may be removed and re-interred in a suitable place without cost to surviving friends.
11. When, by the growth of cities, and the opening of incorporated cemeteries 18 April 1977 $ 4. in the vicinity thereof, or from other causes, any burial-ground belonging to, or in charge of, any religious society or church, directly or through trustees therefor, Courts may order has ceased to be used for interments, the courts of quarter sessions of the several the removal of the counties of this commonwealth, upon petition of the managers, officers or trustees from burialof such society or church, setting forth that the erection, extension or improve-grounds, when ment of buildings for religious purposes of such society or church(r) are ham-needed for build: pered and interfered with, and the welfare of such religious society or church is injured to the detriment thereof and of the public good, and after four weeks' advertisement of hearing in open court for the purpose, may, after a full hearing of the parties therein, (their) proofs and allegations, authorize and direct the removal of the remains of the dead from so much of such burial-ground as may be needed for buildings for religious purposes only, by the managers, officers or trustees of such society or church: Provided, That no such application shall be made by the managers; officers or trustees of such society or church, except in pursuance
(u) This act has been decided to be unconstitu- and lecture rooms, is such religious purpose. Craig tional. Philadelphia v. Westminster C'em. Co., 34 V. Presbyterian Church, 88 P. S. 42. Otherwise of W.N.C. 301; attirming s. c. Ibid, 17.
general school buildings. Jeffreys v. Pittsburgh, 30 (2) The erection of a building for Sunday-school Pitts. L. J. 21.
P. L. 54.
Ibid. & 2.
How such removal to be made.
P. L. 96.
Members of the
to authorize the
18 April 1877 § 4, of the wishes of a majority of the members of such society or church, expressed at
a church election, held for that purpose, after two weeks' public notice.
12. Such removal to be made by such managers, officers or trustees of such society or church, in careful manner, at their own expense, to other parts of the same burial-ground, or, if desired by the relatives or friends of such dead, to some other properly regulated burial-ground or cemetery in the vicinity; and said courts may enforce, by proper process, orders and decrees made under this act: Provided, however, That before removing any of said bodies, said managers, officers or trustees shall publish, for four consecutive weeks, in two newspapers of such city, a notice
declaring their intention to remove said renains in pursuance of this act: And Rights of surviving provided further, That relatives or friends of such dead shall have the right to so
remove said remains, at any time during said proceedings, before actual removal by such managers, officers or trustees; said court to have authority to allow a reason
able compensation to said relatives, for the expense of said removal or removals. 12 May 1887 $ 1. 13. When by the growth of cities, towns and boroughs, and the opening of
incorporated or unincorporated cemeteries in cities and boroughs, or in the vicinity Courts may direct thereof, or from other causes, any burial-ground belonging to or in charge of any the removal of religious society or church directly, or through trustees thereof, or in the charge of
no person, persons, church or society, has ceased to be used for interments, or has become so neglected as, in the opinion of the court, to become a public nuisance, or that the remains of bodies interred in any such neglected or disused cemetery in any city or borough interfere with and hinder the improvements, extensions and
general progressive interests of any city or borough, the court of quarter sessions of Petition. the several counties of this commonwealth, upon petition of the managers, officers,
or on the petition of fifty or more citizens, or residents in the vicinity, in cases where such cemetery or graveyard is not in the charge of any person, persons, church or society, or trustees of such society or church, setting forth that the erection, extension, improvements and general progressive interests of such city or borough are' hampered and interfered with, and the welfare of such city or borough is injured to the detriment thereof and of the public good, and after three weeks advertisement of hearing in open court for the purpose, may, after a full hearing of the parties, their proofs and allegations, authorize and direct the removal of the
remains of the dead from such burial-grounds: Provided, That no such application church or society shall be made by the managers, officers or trustees of such society or church, except
in pursuance of the wishes of a majority of the members of such society or church, application.
expressed at a meeting held for that purpose, after two weeks' public notice. Ibid. § 2.
14. Such removal to be made by such managers, officers, or by the authorities of such city or borough, when such burial-ground is not in the charge of any person, persons, church or society, trustees of such society or church, or under their direction, in a careful manner, at their own expense, to such other burial-ground or grounds they may select for said purpose, or if desired by the relatives or friends of such dead, to some properly regulated burial-ground or cemetery in the immediate vicinity, and said courts may enforce, by proper process, orders and decrees made under this act: Provided, however, That before removing any of said bodies, said
managers, officers, trustees, city or borough authorities shall publish, for two sucNotice of removals. cessive weeks, in two daily or weekly newspapers of such city, borough or county
wherein such burial-ground is located, a notice declaring their intention to remove Rights of relatives said remains in pursuance of this act: And provided further, That relatives and and friends.
friends of such dead shall have the right to so remove said remains at any time during said proceedings at their own expense, before actual removal by such managers, officers or trustees : And it is further provided, That all bodies, when so removed, shall be placed in separate caskets and graves, and the headstones, monuments or other marks placed by the remains of said bodies shall be taken by the persons authorized to make such removal and placed as near as can be in the same relative position as before removal.
15. The trustees, treasurer or other proper officers of any church, congregation,
presbytery or other church organization, owning real estate used as a burying. Petition by church ground, may, whenever so desired by a majority vote of such church, congregation,
or church organization, owner or owners as aforesaid, apply by petition to the court of common pleas of the county, wherein such real estate may be located, for leave to abandon such burying-grounds, remove and re-inter the bodies of deceased persons therein buried, and to sell such real estate in fee, clear of all restriction. Upon presentation of such petition, the court shall make such order relating to
publication and notice to parties in interest as may seem meet and proper, and, Decree of abandon- after final hearing of all parties in interest, may make such decree relativg to the
abandonment of such grounds for burial purposes, the removal of bodies therefrom
and the sale thereof, as may be just and equitable; and, when no person in interest When bodies to be can be found, said bodies to be removed and separately re-interred in some suitable
burying-ground, and each grave to be properly marked by headstones, et cetera (provided such grave was so marked before removal), by the trustees, treasurer or other proper officer or officers of the church, congregation, presbytery or other church organization, owning the real estate so used as a burying-ground : Provided, That no such petition shall be granted except upon condition set forth in the decree
Enforcement of decrees.
23 May 1887.
P. L. 169.