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Election of managers.

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SECTION 2. That the affairs of the said corporation shall be conducted by a president and seven managers, who shall be elected by a majority of the votes of the members of the corporation, on the first Monday of May, in each year; of which election at least three weeks' notice shall be given, in a newspaper published in Williamsport; and in the event no election shall be held at the time aforesaid, the officers of the preceding year shall continue in office until an election shall be held; and at all elections for officers, each person holding a lot or lots in said cemetery shall be entitled to one vote only; and Samuel H. Lloyd, Abraham Updegraff, Elias S. Lowe, Robert Fleming and John K. Hays, are hereby appointed managers of said corporation, to continue in office until the election on the first Monday of May next, and until their successors are duly elected; and the said managers shall organize by electing one of their number president.

SECTION 3. That the president and managers shall have power ties of managers to fill all vacancies which may occur in their own body, and shall have power to lay out and ornament the grounds purchased for said cemetery; to erect such buildings thereon as may be deemed necessary for the enjoyment of the same; to lay out, sell and dispose of burial lots; to appoint all necessary officers and their several duties, and to make such by-laws, rules and regulations as they may deem proper for conducting the affairs of the corporation, and for the government of members and visitors to the cemetery, and for the transfer of lots, and the evidence thereof.

Opening roads

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through cemetery.

Penalties for trespasses.

Proviso.

Lots transferable.

Not subject to attachment or executions.

SECTION 4. That no streets or roads shall hereafter be opened through the lands of the said corporation, and that any person or persons who shall wilfully destroy, mutilate, deface, injure or remove any tomb, monument, grave stone, ornamental tree or trees, shrubbery, or other structure or ornament placed in the said cemetery, or any fence, railing, hedge 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 shoot or discharge any gun or other firearms 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, not less than five, nor more than one hundred dollars, and in default of payment of such fine and legal costs, be committed to the common jail of said county until the same shall be fully paid, or shall, on conviction thereof, in the court of quarter sessions of said county, be punished by fine as aforesaid, and by imprisonment, at the discretion of the court: Provided however, That the prohibition of the firing of a gun, or other fire arms, within the limits of said cemetery, contained in this section, shall not be construed to prohibit the burial of any person or persons with military honors therein.

SECTION 5. That the lots in said cemetery shall be held for the purpose of sepulture only, transferable with the consent of the president and a majority of the managers, and shall not be subject to attachment or executions; and all the ground, including the house and lot erected for, and occupied by the

sexton, and held by the corporation for the uses and purposes

of the said corporation, shall be exempt from all taxation Exempt from while so used.

taxation.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The fourteenth day of February, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 67.

An Act

To change the venue, in a certain case, from Beaver to Washington county.

WHEREAS, An indictment is now pending in the court of oyer and terminer, of Beaver county, against Eliza H. Barker, Margaret Jones, Eliza B. Craft, Jesse Barker and James Barker:

And whereas, The said defendants allege that they can not secure an impartial trial by a jury in that county; therefore,

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 a certain indictment now pending in the court of oyer and terminer of the county of Beaver, against Eliza H. Barker, widow, Margaret Jones, servant, Eliza B. Craft, married woman, Jesse Barker and James Barker, yeomen, for felony, being number one, of November term, Anno Domini one thousand eight hundred and sixty-two, of said court, be and the same is hereby removed to the court of oyer and terminer of Washington county, for trial, by a jury or juries, at the May term, or at any subsequent term of said court, together with the record of the said cause, and all the papers relating thereto; and that the said court is hereby authorized to proceed to trial, verdict and sentence, in the same manner, and with the same force and effect, as the said court of oyer and terminer of Beaver county might or could do: Provided, That the said court of oyer and terminer of Beaver county, in term time, or any judge thereof, during vacation, may and they are hereby authorized and required to cause recognizances to be entered into and given by said defendants, of the same amount as those in which they are now held, requiring them to appear and answer in the said indictment, at the May term of the

said court of the county of Washington next ensuing; and also to require and take all such other recognizances as of the prosecutor or prosecutors, witnesses or others in the said case, as may be legal and necessary to the proper prosecution and trial of the said defendants, in the county of Washington: And provided further, That the said county of Washington shall not be subjected to any costs or expenses in consequence of, or by reason of the transfer and removal of the aforesaid indictment, but the same, or any part thereof, which would otherwise fall upon the county of Washington, shall be paid by the commissioners of Beaver county, on orders of the commissioners of the said county of Washington.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twentieth day of February, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 68.

An Act

Relating to the estate of Peter Keyser, of the city of Philadelphia.

WHEREAS, By the will of the said Peter Keyser, admitted to probate by the register of said county, in eighteen hundred and forty-nine, he devised the shares of his daughters therein named, and the shares of the children of his deceased daughter, Margaret Canedo, unto his executor, in trust, to invest the same, and pay over the interest to the separate use of his daughters before named, or their children, during their natural lives, in terms, leaving it uncertain whether the shares of the daughters of said Margaret were to continue under said trust during their lives, and said will limits said shares over to the several devisees:

And whereas, The executors having invested the shares of said children of Margaret Canedo, in real estate for them, afterwards conveyed it to them in the belief that they were entitled to take the same, absolutely, and they have made conveyance thereof, by the deed, under a power of attorney from two of said children, which power is not acknowledged

according to our law, and cannot be replaced by another, by reason of the war in Mexico, where the constituents reside; therefore, for confirmation of said instruments and conveyancing,

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 power of attorney from Cipriano A. Canedo, Juan Ignacio Matuti, and Margaretta Ysidora, his wife, to Catalina C. Bond, dated the fourth of June, eighteen hundred and sixty, and by them acknowledged before three notaries public, at Guadalajara, in Mexico, the place of their residence, without certificate of the separate examination of said wife, and recorded at Philadelphia, in letter of attorney book, A C H, number one, page forty-two, shall be taken to be valid, according to the purposes therein expressed, as fully as if acknowledged before an American minister, or consul, in that country, and such acknowledgment had been duly certified by him, with a separate examination of said wife; and said letter of attorney shall be admissible in evidence, and the exemplification of said recording thereof, as to all past or future transactions, or to be done thereunder, within the intent of said power of attorney; that the deed of the survivors of said executors and trustees, Nathan L. Keyser, and Peter A. Keyser, dated the thirteenth day of August, eighteen hundred and sixty-one, unto the children of said Margaret Canedo, to wit: Cipriano A. Canedo, Margaretta Ysidora Matuti, and Catalina or Kate C. Bond, recorded in said county, in deed book A C H, number twenty-three, page two hundred and ten, for premises on the south-west side of Adams street, between West Washington street and Johnson street, containing one acre, one rood and fourteen perches, in Twenty-second ward, of the city of Philadelphia, to be taken to be a due execution of said trust devolved on said executors, as if Margaretta and Catalina had remained discovert, and that the title vested in them thereby be taken to have been an absolute fee, discharged of any trust for them; that the deed from the said children of Margaret Canedo, and the husbands of her daughters, dated the fourteenth day of August, eighteen hundred and sixty-one, two of them acting by the other, under said power of attorney granting said premises, in fee, to Peter K. Lynd, and recorded in deed book A C H, number twenty-three, page two hundred and four, shall be taken to be as valid as if said letter of attorney had been duly acknowledged, and said married women had then been discovert, and that their future conveyance thereof, the same having been re-conveyed to them, and of any other real estate derived, or to be derived under the will of said Peter Keyser, shall be of the same validity to convey an absolute and valid fee simple title to the purchaser, as if said power had been duly acknowledged, certificated and recorded, and as if said Margaretta and Catalina were under no disability of coverture, and had not before exercised said power of attorney as to said premises, and without liability on the part of the purchaser or purchasers, or of the said former trustees, to see to the application of the purchase moneys; and such pur

chasers shall hold and enjoy a title free and discharged from said trust.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The eighteenth day of February, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

Corporators.

Title.

Seal.
By-laws.

Powers.

Capital stock.

Authorized to construct or purchase railway.

Route.

No. 69.

An Act

To incorporate the Oakland Railway Company.

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 Isaac Whittier, W. O. Leslie, James Johnston, junior, and their associates, successors and assigns, are hereby incorporated into a body politic, in law, by the name, style and title of the Oakland Railway Company, and by that name shall have perpetual succession, with power to make and use a corporate seal, and to ordain, establish and put in execution such bylaws, ordinances, rules and regulations as shall be necessary for said corporation, not being inconsistent with the constitution and laws of the United States, or of this commonwealth, and shall be capable of taking and holding all such real estate and personal property as may be necessary to enable them to carry on the business of said railway, and the same to lease, sell, mortgage or otherwise dispose of at their pleasure, and shall be capable of suing and being sued, pleading and being impleaded, by their corporate name, and shall have generally all the rights and privileges belonging to a corporation.

SECTION 2. That the capital stock of said company shall consist of two thousand shares, of fifty dollars each.

SECTION 3. That the said company shall have power to lay out and construct a railway, with a single or double track, with the necessary switches, turn-outs and sidings, or to purchase any railway now constructed, with all its rights and privileges, on the route or routes hereinafter mentioned, that is to say beginning on Fourth street, at a point where said street crosses Grant street, in the city of Pittsburg; thence along Fourth street to Ferry street; thence along Ferry street to Third street; thence along Third street to Grant street;

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