District Court of SECTION 9. That the District Court for the city and county of Philathe city and delphia be, and the same is hereby continued from and after the time county of Phila- limited in the act to which this is a supplement, until it shall be duly delphia conabolished by law, and that the several acts of Assembly now in force relative thereto, and not inconsistent with the provisions of this act, be, and the same are hereby continued in force until duly altered or repealed. tinued. Register of wills. SECTION 10. That whenever letters testamentary or of administra tion shall have been heretofore, or shall be hereafter granted by the register of wills of any of the counties in this Commonwealth, by the direction and in pursuance of an order of the Orphans' Court, and conformably thereto, the said register and his sureties shall not be liable on the registers official bond for any loss or damage which may have accrued, or which may hereafter accrue to any person in consequence of the compliance of said register with the said order of the Orphans' Court. APPROVED-The third day of April, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 213. AN ACT Authorizing the laying out of a State road from New Brighton, in Beaver county, to Allegheny city, in Allegheny county, to incorporate the New Castle Cemetery Association, to erect Harmony township, in the county of Beaver, and for the relief of David T. Storm. 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 Commissioners. John Young, jr., and Henry Chalfant, of Allegheny county, and Fran Duties. cis Hoops, of Beaver county, be, and they are hereby appointed commissioners to view and lay out a road from New Brighton, in Beaver county, by the way of Harger's Mill, in Beaver county, thence to intersect the New Beaver road near Courtney's Mill, and following said road to a point near Wood's Run, thence by Snyder's Run to a point near the Western Penitentiary, in Allegheny county; and in case of resig nation or refusal to act by either of said commissioners, it shall be the duty of the judges of the court of Quarter Sessions of the county in which the commissioner resigning or refusing to act resides, to appoint a substitute. SECTION 2. That it shall be the duty of the said commissioners to meet at the house of John Allender, in the city of Allegheny, in Alle gheny county, as soon as practicable after the passage of this act, and after having made oath or affirmation before an alderman or justice faithfully and honestly to discharge the duties enjoined upon them by this act, proceed to view the ground on which the proposed road is to pass, and lay out the said road upon the best and most practicable route at as low a grade as possible, and in no instance to exceed five degrees, having regard to the public accommodation, the crossing of streams, the damage to private property, and the nature of the ground, so that the road may be had on a good grade; and it shall be the duty of the said commissioners to plainly and carefully mark the route agreed upon. SECTION 3. The commissioners herein named shall receive a per diem allowance of two dollars for each day they and each of them shall be necessarily employed in performing the duties enjoined by this act, and Christian Snively is hereby authorized to act as surveyor, and for his services as such shall receive a per diem allowance of two dollars; and the commissioners are hereby authorized to appoint two chain-carriers and one axe-man, at one dollar and fifty cents each per day. SECTION 4. That the said commissioners shall, with as little delay as possible after said survey, make out their drafts of said road as located, whereon shall be noted the courses and distances, the crossing of streams, of county and township lines, one of which shall be forwarded by mail to the Secretary of the Commonwealth, to be filed in his office as a matter of record, and one to be filed in the office of the clerk of the court of Quarter Sessions in the respective counties through which the roads may pass, which clerks are hereby authorized on the filing of said drafts to issue an order on the supervisors of each township in their respective counties for the immediate opening of said road, the expense of which orders are to be borne by the respective counties, and from the time of such filing as last stated, the said road shall be to all intents and purposes a public highway, and shall be opened as heretofore provided to the width of thirty-three feet. SECTION 5. That it shall be the duty of the supervisors of the several townships in the counties through which the said road authorized to be laid out by the foregoing sections shall pass, upon notice being given, to proceed at once to open and make said road as other roads are opened and made. Compensation. Drafts. Duties of supervisors. SECTION 6. The commissioners appointed by or in pursuance of this act, shall have power to vacate any road or part of roads which may be Vacate roads. rendered useless by the location of the road hereby authorized, and shall have power to change the location of any part of the road or roads now in use between the points mentioned in this act. SECTION 7. That the accounts of the said road commissioners for their own pay and that of the surveyor, chain-carriers, and axe-man, shall be adjusted by the county commissioners of the counties through which the said road may pass, and paid out of the treasuries of the same according to the time actually required to locate the road within the respective counties. SECTION 8. That it shall be the duty of said commissioners to endeavor to obtain releases from all property holders through which said road shall pass; in failing to obtain releases, it shall be their duty to assess the damages, at the same time taking into consideration the advantages and disadvantages of the road, and make the award accordingly; in case the stations cannot be found, it shall be the duty of the engineer and two of the commissioners, one from each county, to pass along the line of said road, and mark the stations to the satisfaction of the supervisors, and the costs shall be paid by each county. Accounts. Damages. Monongahela pany. Corporators. Style. Privileges. Annual election. Purpose of lots. SECTION 9. That the eleventh section of an act entitled "An Act incorporating the Monongahela Mining Company," enrolled the twentysixth day of March, one thousand eight hundred and fifty-one, be amended by substituting Monongahela river in lieu of Ohio river, where said words are contained in said section. SECTION 10. That Robert Cochran, William M'Clymonds, Jacob S. Quest, Robert Cunningham, William Watson, Joseph Brown, Robert H. Peebles, James D. Clark, William Book, Thomas Fales, William Moore, John Vogan, Charles T. Whippo, and Henry Pearson, and their successors, be, and they are hereby created a body politic and corporate in law, by the name, style, and title, of "The New Castle Cemetery Association," and by that name shall have perpetual succes sion, and be able to sue and be sued in any court of law or equity, and may have and use a common seal, and the same at their pleasure to alter and renew, and shall have power to purchase, have, hold, and enjoy to them and their successors, any piece or parcel of land not exceeding fifty acres, for the purpose of establishing a cemetery at or near the borough of New Castle, and said corporation shall have power to receive gifts or bequests for the purpose of ornamenting and improving said cemetery, and to hold such personal property as may be necessary to carry out the object of this act SECTION 11. That the affairs of said corporation shall be conducted by a president and six managers, who shall be elected by a majority of the votes of the members of the corporation on the first Monday of July in each and every year; and in case no election shall be held at the time aforesaid, the officers of the preceeding year shall continue in office until an election shall be held. The said president and managers shall fill any vacancies which may occur in their own body by selecting a lot holder to supply any such vacancy occurring by resignation, removal, death, or otherwise, and shall have power to lay out and ornament the ground purchased for said cemetery, to erect such buildings thereon as may be necessary for the enjoyment of the same, to lay out, sell, and dispose burial lots, to appoint all necessary officers, and fix their several duties and compensation, and to make such by-laws, rules and regulations, as they may deem proper for conducting the affairs of the corporation, for the government of lot holders and visitors to the cemetery, and for the transfer of lots and the evidence thereof. SECTION 12. That every lot conveyed in said cemetery shall be held by the proprietor for the purpose of sepulture alone, transferable with the consent of the president and managers, and shall not be subject to attachment or execution, and shall forever be exempted from taxation, except for State purposes: Provided, That the said exemption from attachment and execution shall not extend to more than four lots of the size originally laid out, held by any one individual. SECTION 13. That as soon as the money received for the sale of lots in said cemetery shall be sufficient to pay the purchase money expended for the land intended to be used for the cemetery, with interest, and the expenses, with the interest thereon, that shall be incurred in laying out, enclosing, and improving the ground and erecting the necessary buildings, and other necessary expenses, then each lot-holder Members of cor. shall become a member of the corporation, and have a right to vote for the officers thereof; and at all elections held thereafter under this act, each member of the corporation shall be entitled to one vote, and no more: Provided, That all the moneys raised thereafter from the sale of lots shall be expended in improving and ornamenting said cemetery. poration. SECTION 14. That all that part of Economy township, in the county Economy townof Beaver, lying within the following boundaries, viz.: Beginning at ship, Beaver the mouth of Sewickly creek on the Ohio river, where the line crosses county. dividing the counties of Beaver and Allegheny; thence up said creek along with the line of Allegheny county, to the north-east corner of Depreciation tract, number eleven; thence northwardly along the range line of Depreciation tracts to the south-eastern corner of tract number twenty-two; thence westwardly by the line dividing tracts number twentyone and twenty-two, to the Ohio river; thence up the said river to the place of beginning, including the village of Economy, be, and the same is hereby erected into a separate township, to be called Harmony, and shall constitute a separate election and school district, and be entitled to have and elect justices of the peace and all township, election, and school officers provided for by law. That the qualified electors of the said township of Harmony shall hereafter hold their general and township elections at the Economy Hotel, now kept by John Schreiber, and that the first township election shall be held on the first Tuesday in May next by the judge and inspectors now elected for the general election in the district of the village of Economy. That hereafter, the place of holding the general and township elections for Economy township shall be the house of George C. Minnis, in the said township of Economy: Provided, That the justices of the peace and all the present officers of the township of Economy shall continue to have and exercise all their powers, duties, and authorities, within the said township of Harmony until the said township election in May next, as though the said township of Economy were not divided as aforesaid. SECTION 15. That the State Treasurer is hereby authorized and State Treasurer directed to pay David T. Storm the sum of two hundred dollars out of authorized to any money in the treasury not otherwise appropriated, for damages sus- pay certain tained by him on the Allegheny Portage Railroad. APPROVED-The third day of April, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. moneys to David T. Storm. No. 214. AN ACT To incorporate the Jefferson and Ebensburg Plank Road Company, to authorize John Maclay, guardian of James H. Maclay and William J. Maclay, to sell cetain real estate, and relative to a tavern license in Mifflin county, and to the claim of George Morton. 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 James Murray, Gilbert L. Lloyd, William Palmer, John Brawley, Commissioners. Charles Litzinger Rees, John Lloyd, William Kittell, James Myers, Style. Subject to provisions of cer tain act. Capital stock. Commence George Settlemyer, Daniel T. Jones, Anthony Long, Arthur Hill, SECTION 2. That the capital stock of said company shall consist of one thousand two hundred shares at twenty dollars per share: Provided, That said company may from time to time, by a vote of the stockholders at a meeting called for that purpose, increase their capital stock so much as in their opinion may be necessary to complete the road, and to carry out the true intent and meaning of this act. SECTION 3. That if the said company shall not commence the conment and com- struction of their road within three years after the passage of this act, pletion of road. and complete the same within seven years thereafter, this act shall be null and void, except so far as the same may be necessary to wind up the affairs and pay the debts of the company. Guardian of the SECTION 4. That it shall be lawful for John Maclay, guardian of minor children James H. Maclay and William J. Maclay, minor children of Samuel of Samuel Maclay, deceased, to sell and convey at private sale all the interest Maclay authorized to sell cer- the wards aforesaid have in any real estate in Mifflin county: Provi tain real estate. ded, Said guardian give security for the proceeds of such sale, to be approved of by the Orphan's Court of said county: And provided, That said court approve of and confirm said sale. Auditor General authorized to examine the SECTION 5. That the court of Quarter Sessions of Mifflin county be, and it is hereby authorized to hear and determine the application of Jared Irwin for a tavern license in the borough of Lewistown, with like effect as if regular notice had been given in pursuance of the laws regulating tavern licenses. SECTION 6 That the Auditor General be, and he is hereby authorized and required to examine the claim of George Morton for nineteen days' service as principal assistant engineer on the Erie extension Pennclaim of George sylvania Canal in one thousand eight hundred and thirty-nine, and if he shall certify that the same is due, the State Treasurer shall pay the amount found due, not exceeding seventy-six dollars, out of any money not otherwise appropriated. Morton. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, APPROVED-The third day of April, A. D., eighteen hundred and fifty-one. WM. F. JOHNSTON. |