No. 135. AN ACT Relating to Monument cemetery of Philadelphia. 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 if any person shall open any tomb or grave in the lands or cemeteries Penalty for reof the Monument cemetery company of Philadelphia, and clandestinely moving body or remove, or attempt to remove any body or remains therefrom, such remains. person, upon conviction thereof, shall be sentenced to undergo an imprisonment in the prison of the county of Philadelphia, at hard labor, for a term not less than one, or more than five years, and pay a fine not less than five hundred dollars, at the discretion of the court of quarter sessions for the county of Philadelphia; and any person who shall wilfully destroy, mutilate, deface, injure, or remove any tomb, monu- Penalty for injury ment, grave-stone, or other structure placed in the cemetery aforesaid, to tomb stones. 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 or 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 or alderman of the county of Philadelphia, be punished by a fine at the discretion of the justice or alderman, 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 âne as afore. said, and by imprisonment, according to the aggravation of the offence, at the discretion of the court, for a term of not less than six months, nor more than three years. tion. Proviso. SECTION 2. The grounds of the said cemetery company shall hereafter be exempted from taxation, and the lots in the said cemetery shall Rights of exempnot be subject to attachment or execution: Provided, That the said exemption from attachment or execution shall not extend to more than four lots of the size originally laid out, held by any one individual: And provided further, That nothing herein contained shall be so con- Proviso. strued as to exempt the grounds of said cemetery company from taxation for state purposes, or from assessments or taxation, as may be made by the managers thereof for cemetery purposes in pursuance of the bylaws of said company. SECTION 3. That no streets or roads shall hereafter be opened through the grounds of the said cemetery company occupied as a burial ground, except by and with the consent of the managers thereof. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twelfth day of March, Anno Domini one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 136. AN ACT For the relief of the Somerset and Bedford turnpike road 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 all claims which the commonwealth of Pennsylvania has, or claims to have on the Somerset and Bedford turnpike road company for unpaid dividends, previous to the year one thousand eight hundred and fortythree, be and the same are hereby released in favor of, and surrendered to, said company: Provided, That no portion of the claim made by the commonwealth, which is hereby released to said company, shall be expended for any other purpose than making necessary repairs to said road; nor shall any dividend of profits be hereafter declared by said company until it shall be shown, to the satisfaction of the auditor general, that a sum equal to that hereby released, shall have been actually expended for repairs as aforesaid: And provided further, That said company shall pay all costs which have been incurred by the commonwealth in bringing suit for the recovery of the claims aforesaid. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twelfth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 137. AN ACT In relation to the accounts of Daniel M. Bowles, late a brigade inspector. 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 auditor general is hereby authorized and directed to open the several accounts of Daniel M. Bowles, late brigade inspector of the second brigade, eleventh division of Pennsylvania militia, heretofore settled and confirmed, so far as to permit the sureties of the said brigade in spector to avail themselves of any matter of defence, personal to themselves; and upon a future examination and adjustment of the same, in relation to the liability of the said surities thereon, by the auditor general and state treasurer, they shall hear any matters of defence that may be urged by the said sureties, so far as they may be affected by the settlement of the said accounts, and from which settlement the said sureties shall have the right to appeal for themselves, in the same manner as principal accountants in other cases might do; and the judgment and proceedings of the court to which the same shall be transferred by such appeal thereon, shall be subject to revision by the supreme court, upon a writ of error; and that all actions brought or to be brought against the said sureties, upon their bond to the commonwealth, be suspended until after a final settlement of said accounts as aforesaid. WILLIAM F. PACKER, Speaker of the House of Representatives. APPROVED-The twelfth day of March, Anno Domini one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 138. AN ACT To repeal a part of a further supplement to the act erecting the town of Birmingham, in the county of Allegheny, into a borough, and relating to the pay of the county commissioners of Lebanon county, approved eighth April, one thousand eight hundred and forty-eight. 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 no street shall be opened, under the authority of the provisions of said further supplement, along the bank of the Monongahela river, exceeding forty feet in width; and if any such street shall be laid out and opened, the south line thereof shall be sixty feet northerly from the south line of Water street, as laid out under the authority of said supplement, in the year one thousand eight hundred and forty-eight, but not yet opened; and that so much of said further supplement as is repugnant to, or inconsistent herewith, be and the same is hereby repealed. WILLIAM F. PACKER, Speaker of the House of Representatives. Speaker of the Senate. We do certify, that the bill, entitled "An Act to repeal a part of a further supplenient to the act erecting the town of Birmingham, in the county of Allegheny, into a borough, and relating to the pay of the county commissioners of Lebanon county," approved eighth April, one thousand eight hundred and forty-eight, was presented to the governor on the twenty-eighth day of February, one thousand eight hundred and forty-nine, and was not returned within ten days (Sundays excepted) after it had been presented to him; wherefore, it has, agreeably to the constitution of this commonwealth, become a law in like manner as if he had signed it. WILLIAM JACK, Clerk of the House of Representatives. HARRISBURG, March 13, 1849. No. 139. AN ACT Providing for laying out a state road from Mifflinville, in Columbia county, to 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 Commissioners. Charles F. Mann and Samuel Creasey of Columbia county, and John T. Davis of Luzerne county, be and the same are hereby appointed commissioners to view and lay out, and mark a state road, beginning at or near Mifflinville, Columbia county; thence leading through the west route of the Nescopeck gap, until it reaches another public road at or near the village of Conyngham, in Luzerne county, by the best and most practicable route, having reference to the distance of the route, surface of the country, and costs of construction. Location. Duties. SECTION 2. That it shall be the duty of said commissioners, or a majority of them, after they shall have been duly sworn or affirmed before a justice of the peace, who shall file and preserve the same in his office, to perform all the duties enjoined by this act with impartiality, carefully to view the ground over which the road to be laid out by them may pass, having due regard to a straight and easy route for the public, at an elevation of not more than five degrees from a horizontal line; and that they shall clearly and distinctly mark the road in such manner as shall render the route agreed upon readily found by the supervisors; and for fulfilling the duties enjoined by this act, the commissioners shall be allowed the sum of one dollar and fifty cents per day for every day they shall be necessarily employed in performing the duties assigned by this act; and the said commissioners are hereby authorized Surveyor, pay of. to employ one surveyor, at one dollar and fifty cents per diem, two chain bearers, and one axeman, at a sum not exceeding, for each, one dollar per diem. SECTION 3. That said commissioners shall make out a fair and accurate draft of the location of the road, noting thereon courses, distances and places, waters, county and township lines, with such other matter as may serve for explanation; one copy whereof shall be deposited in the office of the secretary of the commonwealth, on or before the first day of January next, and one copy in the office of the clerks of the court of quarter sessions of the respective counties through which the said road passes, on the time aforesaid, or as much sooner as practicable; and from thenceforth said road shall be a public highway, and shall be opened and repaired as all other roads laid out by the courts are made and repaired. Draft. SECTION 4. The commissioners shall draw on the commissioners of Accounts. the counties through which the said road shall pass, who shall adjust the account of the commissioners, surveyors, chain bearers and axeman, and pay them as other accounts are paid, by orders on the county trea surer. SECTION 5. Said commissioners shall meet on or before the first Meeting. Monday of August next, or as soon thereafter as a majority of them shall agree, and complete the location of said road as soon as practicable; and if any vacancy shall occur, by resignation or otherwise, it shall be Vacancy. filled by the judges of the court of quarter sessions of the county in which said person or persons shall have resided. SECTION 6. It shall be the duty of the supervisors of the several Duty of supervitownships through which said road shall pass, upon notice given, to sors. proceed at once and make and open said road as other roads are made; and on failing to comply, the said supervisors, or any of them, shall forfeit and pay a fine of not less than fifty dollars, to be collected as other fines are collected, and said fine shall be appropriated for the use of said road; and the justice of the peace, before whom information is lodged, shall have power to appoint another person in the place of the supervisor refusing to perform the duties of this act, who shall be paid out of the funds set apart for the laying out and repairing roads through the township in which said person so refusing may reside; and that said commissioners shall have power to vacate any road, or part thereof, as may be rendered useless by this act, or shall have power to locate any part of the road between the points mentioned by this act. APPROVED-The fourteenth day of March, Anno Domini one thou sand eight hundred and forty-nine. 11 WM. F. JOHNSTON. |