Preamble.

Trustees to have

the control of church, &c. Proviso.

No. 281.

AN ACT

For the alteration in the charter of the First Presbyterian church of Manayunk.

WHEREAS, In the year eighteen hundred and thirty-three, a number of individuals, citizens of this commonwealth, were created into a body politic and corporate, by the name, style and title of the First Presbyterian church of Manayunk:"

And whereas, The members of said body politic and corporate, for various good and sufficient reasons, are desirious of changing the ninth article of their charter, so as to give the majority of the members of said church the use, control and disposal of the building and property of said church, instead of having it at the disposal of the session thereof; therefore,

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 nothing in the ninth section of the charter of the First Presbyterian church of Manayunk, shall be construed as depriving the board of trustees of the entire control of the church building and the temporal concerns of said church: Provided, That all the acts of said trustees, shall be in conformity to the rules and principles of the Presbyterian church in the United States of America, and not in any wise inconsistent with the same.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The thirteenth day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

Eligibility of bank directors,

&c.

No. 282.

SUPPLEMENT

To the act incorporating the Honesdale Bank.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the provisions of the eighth section of the act, entitled An Act to recharter the Farmers' and Mechanics' Bank of Philadelphia," passed

eighth April, one thousand eight hundred and forty-three, be and the same are hereby repealed, so far as relates to the Honesdale Bank, in the county of Wayne.

JAMES COOPER,

Speaker of the House of Representatives.

WM. WILLIAMSON,

Speaker of the Senate.

APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven.

FRS. R. SHUNK.

No. 283.

AN ACT

Providing for the erection of a bridge over Darby creek, near the mouth of Bow creek, in Delaware 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

the act of assembly passed the thirteenth day of June, Anno Domini one Erection of a thousand eight hundred and thirty-six, "An Act relating to roads, high- bridge over Darby ways and bridges," shall be so construed as to authorize the erection creek authorized. of a bridge over Darby creek, near the junction of the said Darby creek with Bow creek, either wholly within Delaware county, or where the said Darby creek divides Philadelphia county from Delaware county, with a suitable draw therein of sufficient width for the passage of vessels.

SECTION 2. That after the said bridge shall have been built, if any person or persons, having the control or command of any vessel, shall permit the same to come within ten rods of the said bridge, without having first lowered the sails, so as to prevent the vessel from striking the bridge or draw before it is shifted or hoisted, or shall permit the draw to remain open for a space of time longer than is absolutely necessary for the passage of the vessel, or shall lay his vessel alongside the bridge for the purpose of loading or unloading; or if any person or persons shall cut, remove, destroy or injure any part of the wood, stone, iron or other work belonging to the said bridge or draw, or shall other wise wilfully damage or do any act which may tend to damage the same, the person or persons so offending shall, for every such offence, in addition to the penalties heretofore provided by law, forfeit and pay the sum of thirty dollars, to be recovered as debts of said amount are now recoverable.

Penalty for viola

tions.

SECTION 3. That it shall and may be lawful for the county commis- County commissioners, at their discretion, to appoint some suitable person for the pur- sioners may appose of taking care and charge of said bridge, and to pay him such point an agent.

compensation for his services as they may deem reasonable, out of the county funds.

APPROVED-The thirteenth day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

No. 284.

AN ACT

To authorize the construction of private railways across the Pittsburg and Kittanning state road, in the county of Allegheny.

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 all and every person or persons owning or occupying lands situate in the county of Allegheny, through which the state road leading from the city of Pittsburg to the borough of Kittanning, in the county of Armstrong, lies, and on which there are or shall be erected any manufactory or manufactories for the making of salt, are hereby authorized, for the carriage and conveyance of coal to such manufactory or manufactories, to construct and maintain a railway or railways, and to maintain the same if constructed heretofore, across the line of the said road, at such heighth above the same as that such railway or railways shall not in anywise obstruct the said road, or interfere with the free use thereof; and also to set up and maintain posts or pillars for the support of such railway or railways, on either side of said road, on the ground on which the same is located, without incurring any penalty for the erection and maintaining thereof as aforesaid: Provided always, That such posts or pillars, so set up as aforesaid, shall not in any case extend along the said road a greater distance than ten feet; and that the width of said road between said posts or pillars shall, in no case, be reduced to less than twenty feet.

JAMES COOPER, Speaker of the House of Representatives.

CH. GIBBONS,
Speaker of the Senate.

APPROVED-The thirteenth day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

No. 285.

AN ACT

ACT

Relative to the estate of John M'Connell, deceased.

WHEREAS, John M'Connell, late of the borough of Huntingdon, in the county of Huntingdon, and state of Pennsylvania, deceased, was in his lifetime seized of certain real estate, to wit: one lot of ground, situated in the said borough of Huntingdon, numbered twenty in the plan thereof, having a house and other buildings thereon; one other lot of ground in the said borough, numbered two hundred and thirty-three in the plan thereof; and also an out-lot near said borough, on Stone creek, adjoining lots of William Orbison and the heirs of William Steel, deceased, and containing five acres; and being so seized, the said John M'Connell died, having first made his will, which was duly proved after his death, whereby he directed that the proceeds arising from the sale of his real estate should be divided among his children therein named, and the survivor or survivors of them, or their lawful issue, in such proportions as Jane M'Connell, his widow, might, by her last will and testament, think fit to direct :

And whereas, The said testator, by his said will, directed that his real estate should be sold after the death of his said widow, without directing who should sell the same, although he gave his said widow power to dispose of the proceeds of such sale, as aforesaid :

And whereas, The surviving children of the said testator are desirous that the said widow, who is the executrix of said will, should have authority to sell the said real estate; therefore,

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 it shall and may be lawful for the said Jane M'Connell, executrix as aforesaid, to sell and convey the said described real estate, or any part thereof, at public sale, for the best price that can be obtained for the same, and make a good and sufficient deed or deeds of conveyance, vesting in the purchaser or purchasers thereof, as good a title as was vested in the said John M'Connell at his death, or in his heirs since; the proceeds of such sale or sales to be received by the said Jane M'Connell, and the same to be by her divided among the children of the said testator, in such proportions as she may think fit, by will or otherwise, to direct, and as the interests and welfare of said children may seem to her to require.

JAMES COOPER,

Speaker of the House of Representatives.

Preamble.

Power to sell and

convey.

WM. WILLIAMSON,
Speaker of the Senate.

APPROVED The thirteenth day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

Penalty for removing dead body.

For destroying, &c. any tomb, monument, &c.

For injuring any tree, shrub, &c.

No. 286.

AN ACT

Relating to Monument cemetery, in Philadelphia 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 if any person shall open any tomb or grave in the lands of cemeteries of the Monument cemetery company of Philadelphia, and clandestinely remove, or attempt to remove, any body or remains therefrom, such person, upon conviction thereof, shall be sentenced to undergo an imprisonment in the prison of the county of Philadelphia, at hard labor, for a term of not less than one or more than five years, and pay a fine not less than five hundred dollars, at the discretion of the court of quarter sessions for the county of Philadelphia; and any person who shall wilfully destroy, mutilate, deface, injure or remove any tomb, monument, grave stone or other structure placed in the cemetery aforesaid, or any fence or railing, or other work for the protection or ornament of said cemetery, or of any tomb, monument, grave stone or other structure placed therein, as aforesaid, or shall wilfully destroy, cut, break or remove any tree, shrub or plant within the limits of said cemetery, or shall shoot or discharge any gun or other fire arms within said limits. shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof before any justice of the peace or alderman of the county of Philadelphia, be punished by a fine, at the discretion of the justice or alderman, according to the aggravation of the offence, of not less than five nor more than fifty dollars; or shall, on conviction thereof in the court of quarter sessions of said county, be punished by a fine as aforesaid, and by imprisonment, according to the aggravation of the offence. at the discretion of the court, for a term of not less than six months or more than three years.

SECTION 2. The grounds of the said cemetery company shall hereExemptions from after be exempted from taxation, and the lots in the said cemetery shall taxation and exe- not be subject to attachment or execution: Provided, That the said

cution.

Proviso.

Proviso.

exemption from attachment or execution shall not extend to more than four lots of the size originally laid out, held by any one individual : And provided further, That nothing herein contained, shall be so construed as to exempt the grounds of said cemetery company from taxation for state purposes, or from such assessments or taxation as may be inade by the managers thereof for cemetery purposes, in pursuance of the by-laws of said company: Provided however, That the lots in the said cemetery, held by a trustee for the use and benefit of the wife of the original projector and proprietor of said cemetery, shall not be liable for more than one-fourth of the aggregate amount of assessments made at any time thereon by the managers of said cemetery, so long as they remain unsold and not used as burial places.