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I do certify that the bill, entitled "An Act to incorporate the Roberts iron company," passed the Senate on the twenty-serenth day of March, one thousand eight hundred and sixty, which has been disapproved by the governor, and returned with his objections to the Senate, in which it originated, was agreed to by two-thirds of the Senate, agreeably to the consti tution, on the second day of April, A. D. one thousand eight hundred and sixty, and that the foregoing is the act so agreed to by the Senate. WM. M. FRANCIS, Speaker of the Senate.

Attest:-RUSSELL ERRETT,

Clerk of the Senate.

Preamble.

Corporators.

Name.
Powers.

Seal.

By-laws.

No. 731.

AN ACT

To incorporate the Merion Cemetery.

WHEREAS, Certain citizens of the county of Montgomery are desirous of establishing a cemetery in the township of Upper Merion, in the vicinity of the borough of Bridgeport, Montgomery county, and with that view contemplate purchas ing a tract of land in said township, now belonging to the es tate of Jonathan Roberts, deceased, containing about thirty acres, including two acres which, it is understood, the heirs and legal representatives of the said deceased, in conformity with his wishes as expressed in his life-time, are willing to dedicate and set apart, in the mode and manner hereinafter referred to, as a place for the burial of all those whose remains their relatives or friends may desire to have interred therein, free of charge; for the purpose, therefore, of establishing and perpetuating such cemetery,

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 William B. Roberts, Charles J. Elliott, George W. Shainline, Cadwalader Evans, Edward F. Roberts, William H. Holstein, Daniel Hallowell, Samuel Brooke, William Rossiter, William Carver, Jonathan M. Roberts, John B. Adams, David Adams, and their successors, be and they are hereby created and declared a body corporate, by the name, style and title of Merion cemetery, and by that name shall have perpetual succession, and be capable in law to purchase, hold, possess, use, enjoy and sell, and dispose of estate and property, 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 corpora

tion, and do all such other things as are incident to a corpora-
tion, and until the election of managers, shall exercise all the
powers thereof: Provided, That the whole quantity of real Proviso.
estate to be held by them as a corporation shall not exceed
thirty acres; the said corporation, however, to have authority
to receive gifts, bequests or legacies, for the purpose of orna-
menting or improving said cemetery, and to hold such personal
property as may be necessary to carry out the objects of this
incorporation.

SECTION 2. The capital stock of said Merion cemetery shall Capital stock. be ten thousand dollars, to be divided into one hundred shares, of the par value of one hundred dollars each.

SECTION 3. The affairs of said corporation shall be conducted Election of manaby seven managers, who shall be elected annually, on the first gers. Monday in January, in each and every year, notice of such election to be given by publication in one newspaper published in said county, at least twenty days prior to the time of holding the same; said managers to be elected by a majority of the votes of the members of the corporation, and who themselves shall be members of the same; each member of the corporation shall be entitled to one vote for each share of stock that he or Votes. she may hold, up to the number of ten, and in no event to be permitted to cast more than ten votes.

SECTION 4. The managers shall elect from amongst their num- Officers. ber a president, to serve one year, and shall have power to appoint all necessary officers and fix their several duties and compensation; the 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: Provided, That such time and place When first elecbe designated so soon as five thousand dollars of the capital tion to be held. stock shall have been subscribed, or within three months there

after.

SECTION 5. The said corporators or managers shall have power Powers and duto lay out, ornament, divide and arrange the grounds of said ties of managers. corporation into suitable plots and burial lots, to erect suitable buildings, and do all other things necessary or proper to be done to make the said lands suitable for a cemetery, and to sell and dispose of such plots and burial lots, for the purposes of sepulture, to individuals, societies or congregations, under such conditions, rules and regulations as the said corporation or managers may establish.

SECTION 6. That none of the said lots shall be used for any Lots to be used other purpose than that of sepulture, and they shall be free from for no other purpose than sepulseizure, levy or sale, under or by virtue of any execution or ture. other process against the grantee or grantees of such lots; and Exempt from no grantee shall be at liberty to transfer his or her lot to any levy or sale. person whomsoever, without the consent of the managers first Transfers. had in writing; and the said cemetery shall be forever exempt Cemetery exfrom taxation, except for state purposes. empt from taxa

tion.

SECTION 7. The managers shall appropriate and set apart Fund to be intwenty-five per cent. of all moneys accruing to the said corpo- vested in good seration from the sale of lots, or other current sources, and invest curities for support of cemetery. the same in good and safe security as a permanent fund for the support of the said cemetery, until the principal and interest thereof shall amount to the sum of twenty thousand dollars.

Stock to be re

ceived at par in payment of purchase money.

Managers empowered to accept deed from heirs of Jonathan

Roberts.

Burial of their relatives free of charge.

Failure to hold

to.

SECTION 8. The stock of the corporation shall at all times be received at par in payment of the purchase money for burial lots, at the option of the holder, under such rules and regula tions as the by-laws may prescribe; and in all cases of such purchase of lots and payment in stock, the certificates of stock shall be surrendered and cancelled on the books of the corporation.

SECTION 9. The managers of the said corporation shall have power to accept a deed from the heirs and legal representatives of the said Jonathan Roberts, deceased, for the two acres of land heretofore mentioned and referred to, containing such covenants, provisions and stipulations as may be agreed upon by and be tween the parties thereto, in relation to the care and manage ment of the said two acres as a place for the burial of all those whose remains their relatives or friends may desire to have interred therein, free of charge; such deed to be duly recorded, and to have the same force and effect as if the said covenants, provisions and stipulations therein contained, had been specifi cally set forth in the act of incorporation and constituted a part thereof.

SECTION 10. If it shall happen that no election shall be held election, relative on the day prescribed for that purpose, 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 in the board of managers, occurring by death, resignation, inability or refusal to act, removal or otherwise, shall be supplied by said board from among the members of the corporation.

Vacancies.

Religious ceremonies, &c.

SECTION 11. In the burial of the dead, the religious ceremonies, and the choice of the minister, shall be controlled by the family or relatives of the deceased, and their free action in the matter shall never be interfered with by any rules or regulations of the said corporation.

JOHN M. THOMPSON, Speaker of the House of Representatives pro tem. WM. M. FRANCIS,

Speaker of the Senate.

APPROVED-The third day of April, Anno Domini one thou

sand eight hundred and sixty.

WM. F. PACKER.

No. 732.

AN ACT

To incorporate the South Pittsburg Coal Company.

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

William B. English, William K. Minick, R. Miller, Jr., Joseph Corporators. Ross, Jacob Geib and James M. Bailey, and such other persons as may now be or hereafter shall become associated with them, their successors and assigns, be and they are hereby erected into a body politic and corporate, in deed and in law, by the name, style and title of the Pittsburg coal company, with all Style. the powers and privileges, rights and franchises, incident to a corporation and in law pertaining to a body politic and corporate.

SECTION 2. The capital stock of said company shall consist of Capital stock. five hundred shares, of one hundred dollars each, with the

power to increase the same, from time to time, in such manner May be increased as may be provided by the by-laws of said company, to an amount not exceeding twenty-five hundred shares, which said

shares of stock shall be personal estate, and transferable as may Shares to be be provided by the by-laws of said company; and the above transferable. named corporators, or such of them as may act, are hereby au

thorized to receive subscriptions to said stock, in such manner Subscriptions to as they may determine, and shall receive letters patent, as pro- stock. vided in the second section of an act of assembly regulating Letters patent. railroads, approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine.

SECTION 3. That said corporation shall have authority to Seal. make and use a common seal, and the same to break, alter and renew at their pleasure, and by the name, style and title aforesaid to sue and be sued before any court or justice of the peace in this commonwealth; to make all rules, regulations, by laws By-laws. and ordinances, and the same to alter, amend or annul at pleasure, and to do every thing needful for the good government and the transaction of the business of said corporation: Provided, That said rules, regulations, by-laws and ordinances be Proviso. not repugnant to the constitution and laws of the United States or of this commonwealth.

SECTION 4. That the said company, by the name aforesaid, Powers. shall have the right to take, receive and hold, in fee simple or for any less estate, coal and coal lands in the townships of Baldwin, Upper and Lower Saint Clair, and Chartiers, in the county of Allegheny, not exceeding, at any one time, one thousand acres, with power to sell, mortgage, lease or otherwise dispose of the same, or any part thereof, and to work, mine, transport to market, and vend the coal and other minerals contained in said lands.

roads.

SECTION 5. That said company shall have the power to con- Authorized to struct and operate, in said county of Allegheny, railroads from construct railany portion of their lands, and to connect with the Ohio or Monongahela rivers at whatever points they may desire, and to make such depots, platforms, turn-outs and lateral roads as they may deem necessary; and take, receive and hold such lands as may be necessary for the convenient working of the said roads: Provided, That none of said roads shall exceed ten miles in None to exceed length; and that in the construction of the same, said company ten miles. shall have the powers and privileges, and be subject to all the Subject to. limitations and restrictions, of an act of assembly regulating railroad companies, approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine; and

When to be opened.

as soon as three miles or more of such road shall be completed the same shall be opened as a public highway; and the company May collect tolls. shall have the right to collect and receive the same tolls that the Little Saw Mill Run railroad company are authorized by law to collect and receive.

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Directors, election of.

SECTION 6. That said company are hereby authorized to borrow any sum of money, not exceeding one-half the amount of stock subscribed, to enable them to carry out the purposes of their organization, and to issue bonds for the payment of the same, on such terms and at such rates of interest as they may deem best, and shall have power to mortgage their property, real and personal, to secure the payment of the same: Provided, That they shall issue no bond or mortgage for a less amount

than one hundred dollars.

SECTION 7. That the affairs of said company shall be managed and conducted by a board of directors, to consist of not less than five persons, who shall be stockholders and be elected by the stockholders, in such manner and at such a time as the bylaws of the company may provide; and said directors shall elect one of their number as president, and appoint such other officers and agents as the business and interest of the company Failure to elect, may require: Provided, That on failure to elect directors at the time designated, an election may be had at any time thereafter, upon two weeks previous notice; and the board of directors and officers shall continue to act until their successors are duly chosen.

Officers and agents.

relative to.

Individual liability.

SECTION 8. That the stockholders of said company shall be jointly and severally liable in their individual capacities and estates, for all debts contracted for work and labor done and materials furnished for said company, to be sued for and collected as is provided by the twelfth, thirteenth and fourteenth sections of the act of assembly incorporating the Lackawanna iron and coal company, approved the fifth day of April, Anno Domini Not individually one thousand eight hundred and fifty-three: Provided, That said stockholders shall not be individually liable for any bonded or mortgage debt of said company; nor shall any scire facias, as provided in the thirteenth section of said recited act, be issued to issue after one after one year from the time any debt becomes due, or other liability is incurred.

liable for any

bonded or mortgaged debt.

Seire facias not

year from time debt due.

Bonus.

SECTION 9. That the said company shall pay to the commonwealth of Pennsylvania a bonus of one-half of one per centum on the capital stock of said company, and upon any increase thereof, payable in four equal annual instalments, the first pay. ment to be made in one year from the date hereof; and the said Tax upon divi- corporation shall also pay such taxes upon dividends as are or may be provided by law.

dends.

JOHN M. THOMPSON,

Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,
Speaker of the Senate.

I do certify that the bill, entitled "An Act to incorporate the South Pittsburg coal company," passed the House of Represen tatives on the twenty-second day of March, A. D. one thousand eight hundred and sixty, which has been disapproved by the

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