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SECTION 12. That the place of holding the general and township Tinicum townelections in the township of Tinicum, in the county of Bucks, be changed ship, Bucks from the house now occupied by Michael Frankenfield to that of Jacob county, place of Weaver. holding elec

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

tions in.

hundred and fifty-one.

WM. F. JOHNSTON.

No. 328.

AN ACT

To incorporate the Oaklands Cemetery.

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 Dr. William Darlington, Thomas S. Bell, William Everhart, Joseph J. Corporators. Lewis, Dr. Wilmer Worthington, David Townsend, William Williamson, Dr. Isaac Thomas, Dr. E. F. Ravinus, P. Frazer Smith, Joseph Hemphill, William Darlington, John Marshall, R. M. Poizat, Washington Townsend, David Meconkey, William Apple, James Park, John S. Bowen, Henry S. Evans, James Atwood, J. Lacy Darlington, and all such other persons as shall on or before the first day of July next, after the passage of this act, contribute any sum not less than fifty dollars each, for the purpose of constituting a capital sum to be appropriated to the purchase and ornamenting of ground suitable for a cemetery in or near the neighborhood of the borough of West Chester, in the county of Chester, and State of Pennsylvania, and their successors, be, and they are hereby created and declared a body corporate by the name, style, and title, of "The Oaklands Cemetery," and by that name shall have perpetual succession, shall be capable in law to purchase, hold, possess, use, enjoy, and sell and dispose of estate and property, Privileges. real and personal, to have a common seal, to plead and be impleaded, to make by-laws, rules, and regulations for the government of the corporation, and to do all such other things as are incident to a corporation, and until the election of managers shall exercise all the powers thereof. SECTION 2. That the affairs of said corporation shall be conducted Managers. by five managers, who shall be elected annually by a majority of the votes of the members of the corporation, and who shall themselves be members of the same. They shall elect from amongst their number a president to serve for one year, and shall have power to appoint all necessary officers, and fix their several duties and compensations. The

Style.

Purchase lot of ground, &c.

Trespasses,

first election of managers shall be had at such time and place as the corporators named in the first section of this act shall appoint.

SECTION 3. That the said corporators shall have power to purchase a suitable lot of ground within the county of Chester, not exceeding one hundred acres, for a cemetery, and the same to lay out and ornament, and divide and arrange into suitable plats and burial lots, to erect suitable buildings, and do all other things necessary or proper to be done to make the said ground suitable for a cemetery, and to sell and dispose of such plats and burial iots for the purposes of sepulture to individuals, societies, or congregations, under such conditions, rules, and regulations as the said corporators or managers may establish.

SECTION 4. That all trespasses upon the property of the corporation punishment for. Or of the owners of lots within the limits of the cemetery, and all injury done to any of the buildings, fences, trees, monuments, avenues, walks, or devices of or belonging to the corporation or to the owners of lots. shall be deemed and considered as acts of malicious mischief, and punished accordingly by any court having jurisdiction of criminal offences. SECTION 5. That no road, street, land, or passage-way whatever, shal! be opened through said cemetery without the consent of the said corpo ration under their common seal.

Roads through cemetery pro

hibited.

Lots to be used for sepulture alone.

Votes.

Election of managers.

SECTION 6. That none of the said lots so purchased shall be used for any other purpose than that of sepulture, and they shall be free from seizure, levy, or sale under or by virtue of any execution process in the nature of an attachment or of attachments against any such grantee or grantees, and no grantee shall be at liberty to transfer his or her lot to any person whatever without consent of the managers first had in writing, and the said cemetery shall be forever exempted from taxation except for State purposes.

SECTION 7. That as soon as the money received from the sale of lots in said cemetery shall be sufficient to pay the purchase money expended by the persons hereby incorporated with interest, and the expenses that shall have been incurred by them in laying out, enclosing, and improv ing the grounds, and erecting the necessary buildings, then each lot holder 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.

SECTION 8. That the corporators or managers for the time being shall give at least twenty days' notice of the time of holding elections for managers by publishing the same in one or more of the newspapers of said county. If it shall happen that no election shall be held on the day prescribed, it shall be lawful on any other day after similar notice to hold an election in such manner as the by-laws of the corporation shall ordain. Vacancies occurring by death, resignation, inability to act, removal from the county, or otherwise, shall be supplied by the board of managers.

JOHN CESSNA,

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

hundred and fifty-one.

WM. F. JOHNSTON.

No. 329.

AN ACT

To incorporate the Columbus Male and Female Academy, relative to interments in the borough of West Chester, to certain election districts, to furnish the Monroe artillery with a field piece, to holding elections in the borough of Bridesburg, to the district of West Philadelphia, to pay an annuity to certain old soldiers, to the title of certain real estate belonging to Jacob E. Clayton, to a township in Jefferson county, to the borough of Middletown, Dauphin county, to a school district in Schuylkill county, and to the claim of H. P. Cadwallader.

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 there shall be, and is hereby established in the village of Columbus, in the county of Luzerne, an academy or public school for the education of youth in the English or other languages, and in the useful arts, sciences, and literature, by the name, style, and title, of "The Columbus Male and Female Academy," the said academy to be under the direction, management, and government of a board of trustees, not excced- Style. ing seven in number, a majority of whom shall form a quorum for the transaction of business. And the said trustees and their successors shall be, and they are hereby erected, established, and declared to be a body politic and corporate, with perpetual succession, with all the incidents of a corporation in deed and in law, to all intents and purposes whatsoever, by the name, style, and title, of "The Columbus Male and Female Academy, by which name and title the said trustees and their successors shall be able in law and equity to take to themselves and their successors for the use of the said academy, any estate, messuages, lands, Privileges. tenements, hereditaments, goods, chattels, moneys, or other effects, by gift, grant, bargain, sale, conveyance, assurance, will, devise, or bequest, of any person or persons whatsoever, and the same messuages, lands, tenements, hereditaments, goods, chattels, moneys, and estates, real or personal, to grant, bargain, sell, convey, assure, demise, and to form, let, or otherwise dispose of or invest in such manner as to them or a quorum of them shall seem most beneficial to the institution, and to receive the rents, issues, profits, income, and interest of the same for the use of the said academy, and by the same name to sue, prosecute, and defend, implead and be impleaded, in any courts of law or equity, and in all manner of suits and actions whatsoever, and generally by and in the same name to do and to transact all and every business touching, as fully and effectually as any natural person has power to manage his own concerns.

SECTION 2. That the said trustees shall cause to be made for their Seal. use one common seal, with such devices and incriptions thereon as they shall think proper, and therewith seal all deeds, certificates, and acts of said corporation shall be authenticated, and the same seal the said trustees may at their pleasure break and alter, and also if they think proper devise a new one.

SECTION 3. That George Mack, John Hoons, Fletcher Bowman, Trustees. Silas Dodson, Elisha Hayman, J. S. Woods, D. L. Chapin, are ap

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pointed trustees of said corporation, who shall have power to fill all vacancies which shall occur in their body; and on the last Saturday in the month of December, one thousand eight hundred and fifty-one, at which time and on the same day of each year annually thereafter the stockholders of said academy shall elect by ballot by a majority of the votes present, to be given in person or by proxy duly authorized, seven trustees instead of those above named, who shall continue in office for one year or until others are duly chosen and qualified. The said board of trustees shall always and at all times have power to fill vacancies in their body as above mentioned, and no person shall be permitted to serve as trustee who is not a shareholder in said institution. And the said trustees shall on their first meeting and at their first meeting after every subsequent election, choose out of their number one person to act as president, one person to act as secretary, and one treasurer, who shall serve as such during said year, and until others are appointed by said trustees: Provided, That no person shall have more than five votes at any election, whatever number of shares he or she may be entitled to, and that each stockholder shall be entitled to one vote for each share of stock by him or her held under said number: And provided, That such election may be held at the place and conducted according to the rules that may be prescribed by the by-laws and ordinances of said academy.

SECTION 4. That the said trustees herein named are hereby authorized to open books on or before the first Saturday of May next, and enter therein as follows: "We whose names are hereunto subscribed, do promise to pay to the trustees of the Columbus Male and Female Academy the sum of ten dollars for every share of stock set opposite to our respective names, in such manner and proportions, and at such time or times as shall be required by said trustees, the whole of said stock by each of us subscribed to be paid within one year from the time of subscribing the same; and shall thereupon proceed to receive subscriptions for the stock of the said corporation not exceeding in the whole the sum of five thousand dollars, divided into shares of ten dollars each, at such times and places as they may deem advisable; and it shall be lawful for any person or body politic or corporate to subscribe for as many shares as he, she, or they may think proper, he, she, or they paying at the time of subscription to the attending trustees one dollar for every share of stock so subscribed.

SECTION 5. That the said trustees shall procure written or printed certificates, and deliver to each stockholder a certificate signed by the president of the board of trustees, countersigned by the secretary, and sealed with the seal of the said corporation, for the share or shares of stock by him, her, or them held or subscribed, upon the payment to the treasurer of the full sum due thereon; and such certificate of stock shall be transferable at pleasure in person or by attorney in the presence of the president or treasurer of said corporation; and the assignee holding any certificate, first having caused the assignment to be entered on the book to kept for that purpose by the said trustees, shall be deemed a member of the said corporation, and entitled to all the rights and privileges of an original subscriber to said stock.

SECTION 6. That as soon as in the opinion of said board of trustees a sufficient amount of stock is subscribed, the trustees herein named, or their successors, shall erect or cause to be erected in a substantial and workmanlike manner such building or buildings of brick, stone, or other materials as they may deem necessary and proper to be located by them in some suitable and convenient place in the village of Columbus, in the county of Luzerne aforesaid.

SECTION 7. That the said trustees shall have power to enact such or- By-laws. dinances and by-laws not inconsistent with the laws and Constitution of the United States or of this Commonwealth, as may be necessary and proper for the government of the said academy.

SECTION 8. A majority of the board of trustees shall form a quorum, Quorum. who, in the absence of the president, appoint a president pro tempore.

SECTION 9. Said trustees shall be authorized to receive subscriptions in sums of any amount for the purpose of purchasing real estate, books, philosophical apparatus, or other property necessary for the affairs of the said corporation, and to give such subscribers, provided the subscription amounts to ten dollars, a certificate under the seal of said corporation, which certificate shall constitute the holder thereof a shareholder; and Shareholders. the said trustees may, if they deem it expedient, after having collected and received the rents and compensation for the real and personal estate belonging to said corporation, to divide rateably among the shareholders, after having first deducted all necessary charges and expenses for repairs, taxes, and the due management of said academy.

SECTION 10. No misnomer of said corporation shall defeat or annul any gift, grant, devise, or bequest to the said corporation: Provided, The intent of the parties shall sufficiently appear in said gift, grant, will, or other writing, whereby any estate or interest in anything real or personal, was intended to pass to the said incorporation.

Misnomer.

SECTION 11. That the burgesses and assistant burgesses of the bor- Borough of ough of West Chester shall have power, by their ordinance for that purWest Philadelpose, to prohibit any future interments of the bodies of deceased persons phia, regulating within such parts of the said borough wherein they shall judge such prohibition necessary.

SECTION 12. That in case of the infraction of any ordinance passed by the said burgesses and assistant burgesses by virtue of this act, the chief or second burgess shall have power to issue his warrant to arrest the offender or offenders, or shall direct such arrest without warrant, and upon conviction of the offender or offenders, he shall impose upon each offender a fine not exceeding twenty dollars; and upon the non-payment of such fine, imprison the said offender or offenders in the prison of the county of Chester for any period not exceeding thirty days. Or the said chief or second burgess may in their discretion in place of said fine imprison the said offender or offenders in the said prison of the county of Chester for any period not exceeding thirty days.

interments in.

SECTION 13. That all laws inconsistent herewith are hereby re- Repeal. pealed.

SECTION 14. That the qualified voters of the township of York, in York township, the county of York, shall hereafter hold their general and township York county, elections at the house of Henry Miller, in said township. place of holding elections in.

Monroe Artil

SECTION 15. That the Adjutant General is hereby authorized and directed to furnish out of any unappropriated field pieces, a brass field lery to be furpiece of the calibre of six pounds, with the necessary fixtures, upon the nished a field requisition of the proper brigade inspector, to the company styled "The piece, &c. Monroe Artillery," the same being in the county of Monroe, under

such regulations and restrictions as are now provided by law.

SECTION 16. That the qualified voters of the borough of Bridesburg, Borough of in the county of Philadelphia, shall hereafter hold their general, special, Bridesburg, and borough elections at the house now occupied by Jesse Fliteraff, in place of holding said borough, and that the board of commissioners of said borough shall elections in. hereafter hold their annual meeting of said board on the first Monday in April, between the hours of twelve and four o'clock P. M. of said day, for the purpose of organizing said board as is now provided by law.

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