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school directors.

SECTION 14. That the election for school directors in said district Place of holding election for shall be held at the school house therein, at the usual time of holding such elections, and at the first election ensuing the passage of this act, Levi Hoover shall be judge, and Jacob S. Hershey and John Umble, Junior, inspectors.

SECTION 15. That hereafter the qualified voters of Hanover town- Hanover township, in the county of Northampton, shall hold their general and town- ship, York counship elections at the house now occupied by Henry Beitler, in said "y.

township.

SECTION 16. That the qualified voters of the township of Marion, Marion townin the county of Centre, shall hereafter hold their general and town- ship, Centre co. ship elections at the house of Henry Hoy, Junior, now occupied by

James M. Cully, in Jacksonville, in said township.

1840, relating to

SECTION 17. That so much of the second division of the seventh 2d division of section of the act of thirteenth June, one thousand eight hundred and 7th section of forty, relating to the elections of this Commonwealth, as requires act of 13th June county commissioners to furnish every election district with a list of elections repealof the voters residing therein, be, and the same is hereby repealed, so ed so far as resfar as relates to township elections in the county of Lancaster, and it pects Lancaster shall be the duty of the inspectors to whom such lists are furnished at county. the general elections, to preserve the same for use at the township elec

tions.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED The eleventh day of March, A. D., one thousand eight

hundred and fifty-two.

WM. BIGLER.

No. 104.

AN ACT

To incorporate the Meadville 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 John Dick, John Reynolds, John M'Farland, Frederick Huidekoper, Corporators. Darwin A. Finney, Gaylord Church, Calvin Kingsley, Joseph Derrickson, William Thorp, Horace Cullum, David Derrickson, William Reynolds, James E. M'Farland, Joseph C. Hays, Richard Craighead, James D. Gill, William M'Laughlin, Arthur Cullum, D. Sexton, R. C. Boileau, Kennedy Davis, and Edward Ellis, be, and they and their successors, are hereby created a body politic in law, under the name and title of "The Meadville Cemetery," and by that name and title shall have Style.

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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 of law and equity, and to do all such other things as are incident to a corporation.

SECTION 2. That the said corporation shall, at least once in every year hereafter, fill, by election by ballot, all vacancies which may occur among them, and may at the same time, or 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 thirty members, and they shall have full power to ordain, establish, and put in execution, all such by-laws, rules, and regulations, not 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.

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

SECTION 4. That the said corporators, or managers, shall have power to contract for, and purchase from, the owner or owners thereof, any quantity of land in Crawford county, not exceeding fifty acres, for the purpose aforesaid, and the same to lay out and ornament, and to divide and arrange into suitable plots and burial lots, also to take up, remove and bury again in some of said lots the remains of all persons, whose friends desire it, that have been buried in the old grave-yard in the borough of Meadville, or elsewhere, and preserve and replace all monuments, and do all other things proper or necessary to be done to adapt the said ground to the purposes 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 corporators, or managers, may establish for the government of lotholders, 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 taxation, seizure, levy, or sale, under or by virtue of any execution, or other process, against any grantee or holder of said lots or corporation.

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 discharge at pleasure, to take from the treasurer security for the faithful performance of his trust, and to discharge him from his office upon occasion therefor, and that 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 sales of burial lots, to create a fund to be invested in judg ments 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 corporators to the control of the competent judicial authority for correction.

of remains and

SECTION 7. That if any person shall open any tomb, or grave, in Penalty for unthe lands of the said Meadville cemetery, without consent of said cor- lawful removal poration, and clandestinely or unlawfully remove, or attempt to remove, injuries to the any body or remains therefrom, such person upon conviction thereof, cemetery. shall be sentenced to undergo an imprisonment in the county jail, or Western penitentiary, for a term of not less than one nor more than three years, and pay a fine of not less than one hundred dollars, at the discretion of the Court of Quarter Sessions of the proper county, 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, be punished by a fine at the discretion of the justice, 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 the proper 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 one month nor more than six months.

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SECTION 8. That no street, lane, or road, shall ever be laid out No street or through the lands so occupied as a cemetery, except under the author- road to be openity of the corporation, and that said land by said corporation held shall burial ground. be exempt from taxation.

ed through

SECTION 9. That, and because, the act for this same purpose, passed Not subject to at the session of one thousand eight hundred and fifty-one, pamphlet enrolment tax. laws, page six hundred and sixty-one, was rendered useless by reason

of errors in transcribing, this act shall not be subject to enrolment tax under the existing laws, but shall be free therefrom.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

APPROVED-The eleventh day of March, A. D., one thousand eight

hundred and fifty-two.

WM. BIGLER

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No. 105.

AN ACT

Authorizing the Canal Commissioners to investigate the claim of Charles Lloyd, for damages sustained on the West Branch division of the Pennsylvania Canal.

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 Canal Commissioners be, and are hereby authorized and required to examine the claim of Charles Lloyd, of Lycoming county, for damages sustained by reason of the erection of a dam in Loyalsock creek, on the West Branch division of the Pennsylvania canal, and assess the damages, if any, taking into consideration the advantages as well as the disadvantages, and make report thereof to the Legislature, as soon as practicable, and also to report whether, in their opinion, the Commonwealth is answerable for the alleged damages.

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APPROVED-The eleventh day of March, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER.

No. 106.

AN ACT

To incorporate the East Liberty, North Washington, and Apollo Plank Road Company; relating to the claim of Alexander M'Connell; to the Buck Moun tain Coal Company, and to the New York and Erie Railroad.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Cochran, Samuel Owens, and John Chambers, of Armstrong county, Daniel Negley, Christian Snively, and John Morrow, of Allegheny county, John Reed, Samuel Hill, William Wilson, James Paul, Commissioners. and David Shaw, of Westmoreland county, be, and they are hereby

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appointed commissioners to open books, receive subscriptions, and or ganize a company by the name and style of the "East Liberty, North Washington, and Apollo Plank Road Company," with power to construct a plank road from, at, or near the point where the Leechburg and Curwinsville roads intersect on the farm of the heirs of James McGregor, in Penn township, Allegheny county, by the way of North Washing

tain act.

ton, in Westmoreland county, to Apollo, in Armstrong county, with Subject to proall the authorities, and subject to all the provisions and restrictions of visions of certhe act regulating turnpike and plank road companies, passed the twenty-sixth day of January, Anno Domini, one thousand eight hundred and forty-nine, and the supplements thereto, excepting so far as may hereafter be provided for.

SECTION 2. That the capital stock of the said company shall consist of Capital stock. five hundred shares, at ten dollars each: Provided, That said company Proviso. may, by a vote of the stockholders, at a meeting called for that purpose, increase their capital so much as may, in their judgment, be

necessary to carry out the true intent and meaning of this act.

SECTION 3. That if it should at any time happen that an election of Failure to elect president, directors, treasurer, secretary, or other officers shall not be not to dissolve made at the proper time, the corporation shall not for that cause be corporation. dissolved, but it shall be lawful to make and hold such election of president, directors, treasurer, secretary, or other officers, on any day thereafter, by giving at least ten days' notice, signed by the president or secretary, in one or more newspapers published in the county, of the time and place of holding said election, and the president, secretary, treasurer, directors, or other officers of the preceding year, shall in that case continue to act and be invested with all the powers belonging to their stations until an election shall take place; in case of the death or resignation of the president, secretary, treasurer, directors, or other officers, his place may be filled by the board of directors until the next annual election.

of said road.

SECTION 3. That if said company shall not commence the construc- Commencement tion of their road within two years, and complete the same within five and completion years from the passage of this act, this act shall be null and void, except so far as may be necessary to wind up the affairs and pay the debts of said company. SECTION 5. That the Auditor General be, and is hereby authorized Auditor General to examine the claim of Alexander M'Connell, of Indiana county, on examine the account of money advanced, and for work done on the Juniata division claim of Alexof the Pennsylvania canal, and for services on the Allegheny Portage ander M'Conrailroad, in the year one thousand eight hundred and thirty-eight, and nell. report the facts to the Legislature.

authorized to

Back Mountain
Coal company

SECTION 6. That the sum of seven hundred and fifty dollars having The per centage been received by the Treasurer of this Commonwealth, from the Buck paid by the Mountain coal company, as payment in part of the tax of one per cent. upon the capital stock paid in of the said company, shall be as effec- to the treasurer tual, to all intents and purposes, as though made on the first day of made effectual. January, Anno Domini, one thousand eight hundred and fifty-two, as required by the act extending the charter of said company, and the supplement thereto.

SECTION 7. That the provisions of the fourth section of an act en- The 4th section titled "An Act regulating the. licensing of beer-houses and stores to of act of 14th sell liquors in the counties of Susquehanna and Wyoming, relative to April 1849, exthe New York and Erie railroad, et cetera," approved the fourteenth day of April, one thousand eight hundred and fifty-one, be, and the same is hereby extended to the county of Pike.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,
Speaker of the Senate.

APPROVED-The eleventh day of March, A. D., one thousand eight

tended to the

county of Pike.

hundred and fifty-two.

WM. BIGLER.

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