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use and benefit of the Jersey Shore Cemetery Company, which I desire to be incorporated, as soon after my decease, as praeticable, all that certain messuage, tenement and piece of land, situate in Porter township, aforesaid, adjoining lands of George F. Stone, on the west and north, James Gamble, on the east, and Jacob W. Pfoutz, on the south, known as the cemetery grounds, with the dwelling house thereon erected, for the use of a sexton, excepting and reserving therefrom, such lots as may have been sold and conveyed, or deeds executed therefor, previous to the time of my decease, and excepting and reserving the two lots selected for my own use; it is my wish, and I do hereby order and direct, that the Jersey Shore Ceme. tery Company shall be composed of all the present and all the future lot owners; the officers to consist of a president, four managers, a treasurer, and a secretary; the president and managers to constitute a board, for the transaction of all the business of the company, the enactment of all suitable by. laws, for the government of the company, and proper regu. lation of the cemetery grounds, &c.; the officers to be elected annually, by the lot owners, each lot to entitle the owner, or owners, to one vote only, where fully paid for, and the by-laws are complied with, voting to be in person, and not by proxy; the board of managers, as aforesaid, shall settle with the trea. surer, annually, immediately preceding the election and publish statement of the receipts and expenditures, for the preceding year; no lots to be sold, on credit, or possession given, until paid for, nor at a price below that assessed upon them in my book, kept for that purpose; all deeds for lots to be signed by the president and secretary, and attested by the seal of the corporation, and to contain such restrictions and conditions, as will secure obedience to all by-laws, and carry out my intentions, as herein expressed; the dwelling house, and lot, attached thereto, with the privilege of mowing the unsold portions of said enclosure, or grounds, to be rented annually, to a suitable person, to act as sexton, at a stated annual rent, and the buildings, fences, grounds, roads, walks, mounds, trees, and shrubbery, all to be kept in good order and repair, under the special supervision of the said board of managers; any balance remaining in the treasury, at the expiration of each year, beyond what is needed for repairs and improvements, shall be invested in real estate security, at interest which is to be collected annually, and invested, with any surplus funds, of the preceding year, and, when a fund shall have thus been accumulated, sufficient, in the judgment of the board of managers, to effect the purpose, it is my wish, and desire, that a female infant school shall be instituted, upon such plan as will, in the judgment of said board, render said fund most practically useful; it is not my intention, to restrict the said cemetery com. pany to the name by which I have designated the same, but, whenever incorporated, by whatever name, this legacy and devise is to vest full title, in the premises aforesaid, in the said corporation; and, in the meantime, or until said company shall be incorporated, I do hereby invest the trustees, above named, with full power and authority to act as the board of managers, as her inbefore specified, and until other officers are duly elect

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ed, ander the charter of incorporation, and, for that purpose, I do hereby authorize, and direct, my executors, to deliver to the said trustees, all necessary books, maps, and papers, pertaining to said cemetery grounds; for the purpose, therefore, of establishing and perpetuating such cemetery:

SECTION 1. Be it enacted by the Senate and House of Represenlatives of the Commonwealth of Pennsylvania in General Assembly met, and ů is hereby enacted by the authority of the same, That the said James Gamble, John J. Sanderson, John H. Corporators Humes, George P. Nice and Jos. Ruff head, with such other persons as have, heretofore, and as may, hereafter, purchase lots, in said cemetery grounds, and their successors, be, and they are, hereby, created a body politic and corporate, in law, by the name, style and title of the Jersey Shore cemetery, and, Name. by that name, shall have perpetual succession, and be able to sue, and be sued, in any court of law or equity, and may have, Privileges. and use, a common seal, and the same, at their pleasure, alter and renew, and shall have the right and power to have, hold, and enjoy, to them, their associates and successors, all the real estate, so, as aforesaid, devised and bequeathed to them, by the said Mark Slonaker, under the terms and conditions contained in the said last will and testament, and to purchase, have, hold, and enjoy, to them and their successors, any real estate, necessary for cemetery purposes, adjoining, or in the vicinity of, the aforesaid real estate, or cemetery grounds, not exceeding, in the whole, twenty-five acres; and the said corporation shall have authority to receive gifts, or bequests, for the purpose of ornamenting, or improving, said cemetery grounds, and to hold personal property, such as may be deemed necessary, to carry out the object of this act, and all the power and authority necessary to carry out the intention of said testator, as expressed in his last will and testament, aforesaid.

Section 2. The officers of the said corporation shall consist Election of offi of a president, four managers, a secretary, and a treasurer, who shall be elected annually, on the second Monday of May, in each and every year; notice of said election to be given, by Notice. publication in one newspaper, published in said county, or by written or printed handbills, at least fifteen days prior to the time of holding the same; said officers to be elected by a majority of the members of the corporation, agreeably to the provisions of the aforesaid last will and testament.

SECTION 3. That the president and managers shall fill all Vacancies. vacancies which may occur, by selecting a lot-holder to fill the same, and shall have power to manage and conduct the business Powers and duof said corporation, to lay out, and ornament, the grounds of ties of presisaid cemetery, to erect sach buildings thereon, as may be ne- dent and manacessary for the enjoyment of the same, to lay out, sell, and gers. dispose of, burial lots, to appoint all necessary officers, and is their several duties, and to make such by-laws, rules and regu- By-laws. lations, as they may deem proper, for conducting the affairs of

corporation, for the government of lot-bolders, and visitors to the cemetery, and for the transfer of lots, and the evidence thereof: Provided always, That the same shall be agreeably Provino. to the directions, terms, and conditions, of the said last will and testamento

cers,

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SECTION 4. That every lot conveyed, in said cemetery, shall Lots to be held for sepulture

be held by the proprietor, for the purpose of sepulture alone, only.

transferable, only, with the consent of the president and man. Transferable.

agers, and shall not be subject to attachment, or execution, or

other process, against the grantee, or grantees; and the said Exempt from attachment and cemetery grounds, and property, shall be forever exempt from axation. taxation.

SECTION 5. That the corporators, thus created, shall derive Corporators or no personal or pecuniary advantage, or profit, thereby, and officers not to

shall not receive any pay, or compensation, for the performance receive compen- of any duties that shall devolve upon them, as such; the pre;

sident, managers, secretary, or treasurer, shall not be entitled How proceeds to receive any pay, or compensation, as such ; the whole proto be applied. ceeds of the sale of lots, and other income, are hereby declared,

and directed, to be appropriated according to the provisions of

the said last will and testament, and to such outlays, and ex. Treasurer to

penditures, as are incidental thereto; the treasurer shall, before give security. entering upon the duties of his office, give adequate and ap

proved security, for the faithful discharge of bis duties, in such sum as may, from time to time, be fixed by the president and managers.

SECTION 6. That no streets, or roads, shall hereafter be opened Opening roads prohibited.

through the lands of said corporation, except by, and with, the

consent of two-thirds of the members of the corporation; and Penalty for in- that any person, who shall wilfully destroy, mutilate, deface, juries to tombs, injure or remove, any tomb, monument, grave-stone, or other &c.

structure, placed in the cemetery aforesaid, or any fence, rail.
ing, 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 the said cemetery, or shall shoot or discharge any gun,
or other fire arms, within the limits thereof, shall be deemed
guilty of a misdemeanor, and shall, upon conviction thereof,
before any justice of the peace, of the county of Lycoming, 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 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.

JOHN CESSNA,
Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate. APPROVED— The fourteenth day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 579.

In Act

To incorporate the Bald Eagle Valley Harbor Company." SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assemly met, and it is hereby enacted by the authority of the same, That Philip M. Price, Allison White, Edmund Blanchard, Corporators. James Gamble, John Jones, L. A. Mackey, and all persons, who are now, or may hereafter be, associated with them, be and they are hereby erected into a body politic, and corporate, in deed and in law, by the name and style of the Bald Eagle Valley Style. Harbor Company, and by that name, shall have perpetual succession, and be able to sue and be sued, in any court of law or equity, and sue for, and recover, every debt or debts due to said corporation, to have power to purchase, take, hold, sell, Privileges. and convey, for the use of said corporation, any and all kinds of property, real, personal, or mixed, by gift, grant, bargain, sale, will, devise, or bequest, or otherwise, from any person, or persons, whomsoever, capable of making the same; and that the above named corporators, or their assigns, be and they are hereby authorized, and empowered, to make and construct, for the purpose of transporting and harboring coal, lumber, and other materials therein, a harbor, or basin, commencing at the intersection of the Bald Eagle Valley railroad, with the Bald Eagle Crosscut canal, near Lock Haven, and to take from said Crosscut canal, such quantity of water, for such purposes, as said corporation may require : Provided, That the water taken Proviso. from said canal, be returned to the same, excepting leakage, and evaporation; and that the construction of said harbor, or basin, shall not, at any time, interrupt, or injure, in any way, the navigation of said Crosscut canal: And provided further, Proviso. Whenever the said harbor, or basin, shall cross a public road or highway, it shall be the duty of said corporators, or assigns, to erect a suitable bridge, or bridges, over the same.

SECTION 2. That before the construction of the Bald Eagle Damages. Valley harbor, through any lands, not owned by the above named corporators, or either of them, they shall tender to the owner, or owners thereof, compensation for any damage they, or any of them, may sustain, by such construction ; but if the said owner, or owners, of any such lands, shall refuse to accept the same, then it shall be the duty of said corporators, their associates, or assigns, to file a bond, with the prothonotary of the court of common pleas, of Clinton county, with sufficient surety, to secure to said parties, for the damage or damages, so sustained by them; which bond is to be approved by any of the judges of the court aforesaid ; and on application of the owner, or owners aforesaid, or of the said corporators, or corporation, to the said court of common pleas, the said court shall

By-laws.

appoint three disinterested persons, to assess the damages sugtained by said owner, or owners, taking into consideration, the advantages of the said Bald Eagle Valley harbor, to the balance of their lands, or property, adjacent thereto; which said persons, so appointed by said court, shall be duly sworn, or affirmed, justly and equitably to assess said damages, taking into consideration the advantages aforesaid ; and they, or a majority of them, shall make their report, in writing, and file the same, in the office of the prothonotary of said county; and if the report, aforesaid, be confirmed by said court, judgment shall be entered thereon, with stay of execution, for thirty days from the date of confirmation.

SECTION 3. That the members of said corporation, who are, or may be entitled to vote, at any election of officers, shall have full power, and authority to make such rules, and by-laws, as shall be necessary for the government, and promotion, of the interests of said corporation : Provided, That no rule, or by-law, as aforesaid, shall be valid, if inconsistent with this act, or the constitution and laws of this state, or of the United States.

JOHN CESSNA,
Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate. APPROVED—The fourteenth day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

Proviso.

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To authorize the trustees of the congregation of the Union church, of

Mount Holly Springs, to sell real estate. WHEREAS, A certain lot of ground was granted, by parol, to the congregation of the Union church, of Mount Holly Springs, by Joseph Knox and John M'Clure, about the year one thousand eight hundred and twenty-six, for the purpose of erecting thereon a Union house of worship :

And whereas, The Methodist Episcopal portion of the said congregation bas erected a separate place of worship, for which, large indebtedness has been incurred; therefore,

SECTION 1. Bet enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Asset oly met, and it is hereby enacted by the authority of the same That William B. Mullen and Robert Given, trustees of the said congregation, or their successors in office, he and they are

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