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P. L. 168.

P. L. 310.

6 June 1993. P. L. 825.


requiring the petitioners to purchase the rights of all lot-holders in such burying

23 May 1887. grounds, and to secure the consent in writing of the near relatives of decedents, whenever such relatives shall appear as parties to such proceedings : And provided further, That any party in interest may appeal from the decree of such court within Appeal. thirty days.(y)

16. Wherever, by virtue of any gift or grant from the commonwealth, any real 16 June 1891 g 1. estate in cities or boroughs is owned by any church or religious society, or is vested in trustees of, for, or representing any church or religious society, for the purpose Removal of reof a burial-ground, or in trust for such purpose, the courts of quarter sessions of mains from unthe several counties of this commonwealth, upon petition of a majority of the used cemeteries. managers, officers or trustees of such church or society, or of the trustees in whom the legal title of such burial-ground shall be vested, setting forth that any such burial-ground has ceased to be used for interments, shall have and exercise the jurisdiction conferred upon them by the act approved the eighteenth day of April, one thousand eight hundred and seventy-seven,(9) which is hereinafter published at length, and upon proceedings duly instituted and prosecuted in accordance with the provisions of said act, but without requiring any averment or proof other than that such burial-ground has ceased to be used for interments, may, after a full hearing of the parties, their proofs and allegations, authorize and direct the removal of the remains of the dead from any such burial-ground in such manner and to such suitable place as said church, society or trustees shall provide.

17. Whenever any incorporated or unincorporated church, cemetery or burial associations own grounds located wholly or in part in any cities, township or boroughs, and by reason of the growth thereof and the consequent increasing number of inter- Associations may ments of the dead, as well as for sanitary purposes, it is deemed necessary or purchase new desirable to change the location thereof, or where the further interment of the dead grounds when necwithin the limits of such municipalities has been prohibited, it shall be lawful for such incorporated or unincorporated church, cemetery or burial associations, and See amendment they are hereby authorized and empowered purchase new and more suitable 7. June 1895, ground in the vicinity, of such extent and area as they shall deem expedient, for ?. L. 181, the burial of the dead. And such incorporated or unincorporated church, cemetery

Supp. 2529. or burial associations are hereby further authorized and empowered to sell and con- May sell and convey in fee-simple, and unrestricted as to use, all such portions of their lands not or portions of used or conveyed by them for burial purposes, or which shall have been reconveyed to them, and from which all bodies shall have been removed, and to make, execute and deliver a deed or deeds for the same to the purchaser or purchasers, as though owned by individuals.(z)

18. All acts or parts of acts inconsistent herewith be, and the same are hereby, 26 May, 1891. $ 2. repealed.

Repealing clause. 19. It shall not be lawful to open any street, lane, alley or public road through 6 April 1949 $ 1. any burial-ground or cemetery within this commo

nonwealth,(a) any laws heretofore passed to the contrary notwithstanding: Provided, That this section shall not Streets not to be extend to the city and county of Philadelphia.

opened through 20. Whenever any lot or lots, or the right of sepulture therein, shall be granted to 5 April 1659 $ 1. any person or family, by any incorporated cemetery company, or church or religious congregation, within any common enclosure made by such company, church or congregation, as and for the purpose of the perpetual burial of the dead, every and all lots so disposed of or used for burial shall hereafter be free and exempt from all tax- tion. ation, so long as the same shall be used or held only for the purpose of sepulture.

21. Any person who shall wilfully and maliciously destroy, mutilate, deface, 31 March 1860 $ 47. injure or remove any tomb, monument, gravestone or other edifice, placed in any cemetery or graveyard, appropriated to and used for the interment of human Violation of sepulbeings, in this commonwealth, or shall wilfully and maliciously injure, destroy or chre punished. remove any fence, railing or other work for the protection or ornament of such places of interment; or shall wilfully open any tomb, vault or grave, within the same, and clandestinely remove any body or remains therefrom; or maliciously destroy any tree or shrubbery growing in such cemetery or graveyard ; shall be guilty of a misdemeanor, and on conviction of either of the said offences, be sentenced to undergo an imprisonment not exceeding one year, or to pay a fine not exceeding one hundred dollars, or both or either, at the discretion of the court.

22. It shall be lawful for the trustees, directors or other officers of all organized 9 April 1873 $ 1. cemeteries within this state, to appoint as many day and night watchmen of their grounds as they may deem expedient; and such watchmen, and also all of their Watchmen may be superintendents, gardeners and agents, stationed on said grounds, are hereby appointed. authorized to take and subscribe before any mayor or justice of the peace in the township where such cemeteries may be situated, an oath of office, similar to the


P. L. 897.


P. L. 368.

Burial lots to be exempt from taxa

P. L. 895.

P. L, 67,

(y) No appeal lies from a decree dismissing the empower them to locate a street over any part of a proceedings. Congregation's Appeal, 1 Mona. 635. burial-ground. Egypt Street, 2 Gr. 455. But in the

(2) This is an amendment of the act 26 May 1891, case of Twenty-second Street, 11 W. N. C. 465; s.c. $ 1, P. L. 118.

102 P. S. 108, it was held that all special acts prohibit(a) A subsequent statute appointing commissioners ing the opening of streets, &c., through cemeteries, to survey and lay out such streets, within the limits in cities, were repealed by the act 8 June 1881, P. L. 68. of a borough, as they shall deem necessary, does not

P. L. 67.

P. L. 657.


9 April 1878 $ 1. oath required by law of constables; and upon the taking of such oath, such

watchmen, superintendents, gardeners and agents shall have, exercise and possess Their powers.

all the powers of police officers within and adjacent to said cemetery grounds; and
they, and each of them, shall have power to arrest, on view, all persons engaged in
violating the laws of this state in reference to the protection, care and preservation
of cemeteries, and of the ees, shrubbery, structures and adornments therein, and
to bring such persons so offending before a mayor or justice of the peace within

such township, to be dealt with according to law.
10 April 1852 $ 5. 23. When any church of the city or county of Philadelphia shall resolve to pur-

chase and use a new place of burial for the congregation of said church, or to Removal of church remove thereto the remains of such deceased persons as may have been interred burial-grounds in in a former place of burial, they shall certify such fact to the board of health by Philadelphia to be


proper officer of such church; and the board of health, thereupon, unless they bation of the board shall determine the proceeding to be injurious to the public health, shall grant a

permit for the same, in the manner that they now do in individual cases. 31 March 1557 $ 1.

24. It shall not be lawful to erect or establish any slaughter-house, manure or

bone-dust factory, soap factory, distillery or tannery within two hundred yards of No nuisance to be the enclosed grounds of any incorporated cemetery; and any slaughter-house,

manure or bone-dust factory, soap factory, distillery or tannery hereafter erected or cemeteries in York established within the said distance from the boundary of any such cemetery or county.

burial-place, is hereby declared and shall be deemed and taken to be a public
nuisance, subject to be abated and removed as common or public nuisances are in
other cases : Provided, That the provisions of this act shall be confined to the county

of York.(6) 22 Ap. 1794 & 21.

25. The mayor, aldermen and citizens of Philadelphia, in common council assembled, shall have power, by their ordinance for that purpose, to prohibit any

future interments within such parts of the city of Philadelphia wherein they shall delphia may regu- judge such prohibition necessary, and to impose such fines for any breach of such

ordinance, as they may deem necessary.(c)

of health.

P. L. 14,

established near


8 Dal. 553.

Councils in Phila

late interments.



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I. ORGANIZATION AND POWERS OF CANAL 26. How costs and expenses of actions removed to COMPANIES.

be borne.

27. To be recovered from the county from which 1. Election of directors.

the suit was reinoved. 2. Repeal of special provisions.

28. Arbitrators may compel production of books 3. How elections to be conducted. Election offi- and papers. cers not to be eligible. To be sworn, &c. Their powers.

29. Justices may depute persons to serve process Failure to elect, not to dissolve corporation. Direct- for injuries to Schuylkill canal, &c. ors, in such case, to hold over. How vacancies to be filled. Number of votes to which stockholders IV. REGULATIONS FOR THE USE AND PRESentitled. Shares transferred within sixty days not

ERVATION OF THE CANALS. entitled to vote. Proxies regulated. 4. Canal companies, whose works are principally

30. Penalty for using towing-paths or berm-banks, located within the state, to hold their eleciions here. except for towing. Majority of directors to be residents of the state. 31. Penalty for obstructing the navigation by boats, Principal office to be kept within the state. In de- &c. fault, election to be void.

32. Or by sinking anything therein, or placing any5. And governor to nominate directors. Duties thing on the towing-paths. and powers of such directors. Treasurer to give 33. How boats meeting to pass each other. bond.

34. Passing of boats on the Schuylkill navigation 6. To make annual reports to the auditor-general. regulated.

7. Canal companies may contract with other con- 35. Not to move faster than four miles an hour, necting companies, with reference to traffic over their without permission. How boats overtaking each joint works.

other to pass. 8. Power to consolidate, &c.

36. Penalty for taking water without permission. 9. Power to improve canals.

37. Discharged agents to remove, and give up 10. Power to purchase and lease motive power, &c. papers, &c., on notice. Wives and families of de11. Restriction of rights of sale.

ceased agents to remove, and give up papers, &c. 12. Annual meetings.

Proceedings in case of neglect or refusal. 13. Power to enter into contracts with other com- 38. Name of boat, and place where owned, to be panies.

painted on the stern. Penalty for neglect. 14. Canal and navigation companies may purchase

39. Setting-poles pointed with iron, not to be used. the stock or bonds of railroad companies, or become 40. Derelict property inay be seized and sold. Proconsolidated with any railroad company; and vice ceeds, how appropriated. versa.

41. How boats to be moored. Penalty for neglect. 15. Act of 2 April 1868, $ 4, not to be deemed re- 42. How penalties to be recovered ; and appropripealed by the act of 1870, as to canals on the Susque- ated. Who may be witnesses. Parties aggrieved may hanna.

appeal. How costs to be recovered from corporations.

43. Penalty for trespassing on adjoining property. II. OF THE CONSTRUCTION AND IMPROVE

44. Act of 1826 extending to corporations subseMENT OF CANALS.

quently erected.

45. Boats to be weighed. Provision, where addi16. How canal and navigation companies may ob- tional cargo is subsequently' shipped, or part untain materials.

loaded. 17. May enter upon and occupy lands, &c., and

46. In case of dispute, referees to be chosen. adjoining premises, to obtain materials. Compensa

47. And empty boats may be reweighed. tion to be first made or security tendered. Timber to be obtained only by contract.

48. Opening between stern-post and rudder to be 18. How damages to be assessed. Viewers to be guarded Penalty for neglect.

49. Lights to be carried at night. Penalty for neappointed. Their duties. Judgment to be entered on

glect. award of damages; and execution to issue. Fees of

50. Not to be moored near locks, &c. viewers.

51. Penalty for unreasonable delay in entering or 19. Judgments for damages to carry costs.

leaving a lock. 20. Security for damages to be approved by two 52. Boats near breaches, &c., to moor on request. judges. Notice of offering the same to be given.

Penalty for refusal. 21. Lateral railroad acts extended to canals.

53. Permits to be exhibited at each lock, &c. Pen22. Erection of bridges over canals. 23. Canal companies may construct lateral rail- alty for refusal.

51. Preference in passing lock, to be forfeited by roads.


55. Penalty for using setting-pole pointed with III. ACTIONS BY AND AGAINST CANAL COM- iron. PANIES.

56. Penalties, how recoverable.

57. Gunpowder not to be transported, unless so 24. How process to be served where officers are not marked. found within the county.

58. Punishment for malicious injury to artificial 25. Suits by and against canal companies may be navigation. removed into adjacent county. Party removing to 59. Wantonly opening or shutting locks, &c. make affidavit. Limitation of right to remove.

60. Destroying banks or walls. I. Organization and powers of canal companies. 1. The provisions of the fifth section of the act, entitled “ An act regulating 20 April 1555 $ 1. railroad companies," approved the 19th day of February 1849, are hereby ex

P. L. 356. tended to any coal, canal or navigation company incorporated under the laws of Election of this commonwealth, of which the stockholders, in general meeting to be convened directors. according to the provisions of the existing charter thereof, shall, by a majority of

P. L. 356,

P. L. 81.

How elections to be conducted.

not to dissolve

be filled.

to which stock. holders entitled. Shares transferred

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20 April 1858 9 1. the votes cast in the manner and under the rules prescribed by the said charter,

accept the provisions of this act: Provided, That within sixty days after such
acceptance, a certified copy of the same, under the seal of such company, shall be
forwarded to the governor of this commonwealth, to be filed in the office of the

secretary of the commonwealth. Ibid.

2. Upon the acceptance of the provisions of this act by the stockholders of such

company, in the manner provided in the first section of this act, so much of any Repeal.

former acts relating to such company, as will be supplied by this act, is hereby

19 Feb. 1949 $ 5. 3. The elections for directors provided for in this act shall be conducted as fol-

lows, to wit: at the first election, the commissioners shall appoint three stock-
holders to be judges of the said election, and to hold the same; and at every

succeeding election, the directors for the time being shall appoint three stockholdElection officers ers for the like purpose; and the persons so appointed by said commissioners and not to be eligible

. directors, shall not be eligible to an election as a director at said election, and To be sworn, &c. shall respectively take and subscribe an oath or affirmation, before an alderman or Their powers.

justice of the peace, well and truly and according to law, to conduct such election
to the best of their knowledge and ability; and the said judges shall decide upon

the qualifications of voters, and when the election is closed shall count the votes Failure to elect, and declare who have been elected; and if at any time it shall happen that an corporation.

election of directors shall not be made at the time specified, the corporation shall
not for that reason be dissolved; but it shall be lawful to hold and make such
election of directors on any day within three months thereafter, by giving at least

ten days' previous notice of the time and place of holding said election in the Directors, in such manner aforesaid; and the directors of the preceding year shall in that case concases, to hold over. tinue in office, and be invested with all powers belonging to them as such until How vacancies to others are elected in their stead : in case of the death or resignation of a director,

or a failure to elect in case of a tie vote, the vacancy may be filled by the board of Number of votes directors : at all general ineetings or elections by the stockholders, each share of

stock shall entitle the holder thereof to one vote, and each ballot shall have indorsed

thereon the number of shares thereby represented; but no share or shares transwithin sixty days ferred within sixty days next preceding any election or general meeting of the not entitled to vote. stockholders, shall entitle the holder or holder's thereof to vote at any such election Proxies regulated, or general meeting; nor shall any proxy be received or entitle the holder to vote,

unless the same shall bear date and have been duly executed within the three

months next preceding such election or general meeting. 18 March 1847 $ 1. 4. It shall be the duty of any and every railroad or canal company, incorporated

by this commonwealth, whose works and property are principally located within Canal companies this state, in all elections for president, managers, directors or other officers of

said companies having the control and direction of the works or affairs of such principally located

company, held at any time after the passage of this act, to hold their elections at
some place to be determined upon by the board of managers, in this state, and to

elect a majority of citizens, resident within this state, as managers or directors of tors to be residents their said companies respectively, of which majority the president shall in all cases

be one; and it shall be the duty of the respective boards of such corporations so Principal office to elected to establish their principal office for the transaction of their corporate be kept within

business in some convenient place within this state, and not elsewhere, within one In default, election month after their election aforesaid ; and any election not made in conformity to

the directions of this act shall be void. Ibid. $ 2. 5. Upon the failure of any company, incorporated and situated as aforesaid, to

elect officers in accordance with the provisions of this act, and to establish their
And governor to
nominate direc- office as herein directed, it shall be the duty of the governor to nominate to the

canal commissioners(dl) seven persons, stockholders of such company, resident
within the state, fitted to conduct the affairs of the said company failing as afore-
said; and if the said commissioners shall approve of the persons so named, they
shall confirm their appointment as directors of such company; and if any of the
persons so nominated shall not be approved by the said commissioners, others shall
be nominated in such case by the governor aforesaid, till the required number
shall be approved; and the like course shall be pursued, if any stock holder so ap-
pointed shall refuse to serve; in such case a proper person, not a stockholder

may be nominated and appointed as aforesaid in his place; and when the number
is complete as aforesaid, the directors so appointed shall elect one of their num-

ber president of the board, and shall also elect a treasurer of the said company; Duties and powers and it shall be the duty of the directors aforesaid to take charge of the works of such directors. and property, books, papers and documents of the said company, and conduct the

business thereof, under the provisions, regulations and directions of the charter
thereof, and with the same liabilities, duties and responsibilities, as a board regu-
larly elected under the provisions of the charter would be liable to do, and with
like powers and authorities; and the said directors shall continue to hold posses-
sion of the works of said company, and to execute their duties as aforesaid, until a
board shall be regularly elected by the company, in accordance with the provisions

P. L. 333.

whose works are

within the state, to hold their elections here.

of the state.

the state.

to be roid.


(d) The board of canalcommissioners was abolished by act 25 January 1853. P.L. 6.

P. L. 833.

P. L. 461.

P. L. 893.


P. L. 58.

of this act; and upon such election, the said directors appointed as aforesaid, in 18 March 1847 & 2. charge of the works as aforesaid, shall deliver up to the said board elected as aforesaid, within one month after they shall, by resolution, have determined to comply with the requirements of this act, a copy of which resolution shall be delivered to the directors aforesaid, all and singular the works, property, books, papers and documents of the said company, or having any connection therewith, and all funds not necessarily expended in the discharge of the expenses incident to the conducting of the affairs of the said company, and in payment of its liabilities: Provided, Treasurer to give That the person who shall act as treasurer of such company shall give bond, with bond. security, to be approved by the court of common pleas of the county in which the works of the company shall be principally situated, in such sum as the said court shall direct; and shall keep books, in which the whole receipts and disbursements of the company shall be fully set forth and exhibited.

6. That the provisions of the act, entitled " An act requiring railroad companies 15 April 1863 $ 1. to make uniform reports to the auditor-general,” approved April 4th, Amo Domini 1859.(e) be and the same is hereby extended to all canal companies, whose works, To make annual in whole or in part, lie within the limits of this commonwealth; and that the reports to the reports required by this act shall be transmitted by the auditor-general to both auditor-general. branches of the legislature on or before the 15th day of January in each and every year.

7. It shall and may be lawful for any caval company incorporated by this com- 11 April 1861 $ 1. monwealth, to enter into any contract or contracts, with any other canal or railroad company, with reference to the traffic to be carried on their respective works, the Canal companies proportion thereof, the rates to be paid therefor, and for paying a proportion of may contract with

other connecting the expenses of operating any railroads, transporting freight, using either of the

companies with improvements; and all contracts heretofore made with respect to the matters afore- reference to traffic said, are validated and confirmed: Provided, however, That nothing herein con

over their joint tained shall authorize either of the parties to said contract to make higher or greater charges than are now allowed by law; nor to affect in any way the right of companies, individuals and the public, to use the respective works, and to pursue, without interference, their lawful employments on the same respectively, under existing laws.

8. It shall be lawful for any canal company created by and existing under the 2 April 156$ 1. laws of this coninion wealth, to exercise all the powers as to the stock, bonds and lines of canal of other canal companies, and also as to merger or consolidation with Power to consoliother canal companies, which railroad companies are authorized to exercise as to date, &c. the stock, bonds and railroads of other railroad companies, and as to merger or consolidation with other railroad companies, by the act approved the 230 day of April, Anno Domini 1861,(9) entitled " An act relating to certain corporations," and by the act passed the 16th day of May, Anno Domini 1861,(1) entitled “ An act relating to railroad com and by the several supplements to the said acts respectively, all the privileges and provisions of which said several acts and supplements are hereby extended to canal companies whenever applicable.

9. All such canal companies, or either of them, are hereby authorized to en- Ibid. $ 2. large, extend, deepen and improve by new work, where needful, their respective power to improve canals and appurtenances, and when necessary for that purpose, to suspend naviga- cabals. tion thereon during one season, or parts of two seasons together equivalent to one season), and to purchase or lease all or any part thereof from, and sell or lease all or any part thereof to, either of the others; and whenever and as often as deemed necessary by their respective directors to enable them to carry out the provisions, or any of them, of this and the preceding section, or either of them, of this act, such corporations shall have the power to issue preferred or other stock, or to borrow money from time to time, and issue their bonds therefor in sums of not less than one hundred dollars each, in such form or forms, and bearing such rate of interest, as may be determined upon by the directors, and secure the same by one or (more) mortgages upon their corporate property, rights and franchises, or to use for any said purposes any bonds heretofore authorized to be issued and secured by any of said companies. 10. Said canal companies, and each of them, are hereby authorized to purchase,

Ibid. $ 3. construct, use, sell, insure and lease boats and motive power, and to transport Power to purchase freight, and to apply and use any and all other device or devices which are or may and lease motive be utilized, applied or adapted to internal navigation and transportation, upon such power, &c. terms and conditions as they may from time to time determine upon.

11. No sale or lease of any of said canals shall be made to any parties, nor shall Ibid. $ 4. a controlling interest in the stock or bonds of any of said companies be purchased by any corporation other than one or more of the canal companies whose works rights of sale! connect with the canal of such selling or leasing corporation, either directly or by means of intervening canals, unless a passage for boats and cargoes over the canal so sold or leased, at rates of toll

, freight and charges not exceeding those that may from time to time be charged upon the canal adjacent to such sold or leased canals, shall be guaranteed and secured for ever by the contract of the purchaser or les

Restriction of

(e) See tit. “Railroads."

(9) See tit. “Railroads."

(h) See tit." Railroads."

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