Proviso. Proviso. Trustees authorized to grant and exchange, &c. Proviso. thereon, either subject or not subject to extinguishment, on the payment of a certain sum of money at a certain time, as they may see fit; and to convey to the purchaser and purchasers as good and valid an estate in the premises, as the said Stephen E. Fotterall was seized of and entitled to at the time of his death, both in law and equity, and discharged from the trusts of his will, but subject to the rents, covenants and stipulations in such ground rent deeds contained; and in case such rent and rents be made subject to extinguishment as aforesaid, the said trustees and their successors in the said trusts, shall have power to receive the said payment according to such conveyance, and thereupon to release and extinguish the said rent and rents; and the said purchaser and purchasers shall not be bound to see to the application of the said money: Provided, That such rent and rents shall be reserved and made payable to the said trustees and their successors, and their heirs in trust, for the same uses as the land conveyed on ground rent was held before and at the time of the conveyance under the said last will; and that any charge or incumbrance thereon, shall continue until duly released or satisfied: And provided, That when any such ground rent shall be released and extinguished, the said trustees, or their successors, shall invest the money so paid in extinguishment of such rent, on such real or other security, as may be approved of by the court of common pleas of the county of Philadelphia; which said investments shall be in the names of the said trustees as aforesaid, in trust for the same uses, as the said rents was reserved and held for under the said conveyance. SECTION 2. The said trustees, and their successors in the trust, be and they are hereby further authorized to grant and exchange, discharged of the trusts of the said last will, any part or parts of the said tracts of land above described, of which they are or shall be trustees, for any other piece or pieces of land adjoining or adjacent thereto, as they may deem expedient, for the purpose of straightening or completing the lines of the said estates or lands, with reference to streets or other improvements: Provided, That any charge or incumbrance thereon shall remain until duly released or satisfied; and that the piece and pieces of land received in exchange by the said trustees, shall be conveyed to, and held by them upon the same trusts, as the land conveyed by them in exchange was held at and before the time of such exchange; and the piece and pieces of land so conveyed to the said trustees in exchange, shall be held by them and their successors in the trust, and by their heirs, under and subject to all the powers granted by this act. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twelfth day of February, A. D. one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 59. AN ACT To promote the free navigation of French creek. 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 on complaint made to the county commissioners of any county in this Obstructions of commonwealth through which French creek flows, that the free and the navigation of French creek, uninterrupted navigation thereof is obstructed by any dam or dams, it how removed. shall be the duty of the county commissioners of the county wherein said complaint is made, to appoint three fit and disinterested freeholders, who shall proceed to view the dam or dams complained of; and if, upon examination, they find that the free and uninterrupted navigation of said creek is obstructed thereby, they shall give notice in writing to the owner or owners of said dam or dams, informing them of the kind and character of the repairs or alterations necessary to be made, to secure free and uninterrupted navigation; whereupon the owners of said dams are required, within ninety days after such notice, to remove the evil complained of; and upon their neglect to comply with said notice, it shall be the duty of said freeholders to report the same to the court of quarter sessions of the proper county; and the said court shall direct a bill of indictment to be sent to the grand jury, and upon prosecution to conviction of such offence, the person or persons so convicted, shall pay a fine of not less than one hundred dollars, nor more than five hun- Fine. dred dollars, at the discretion of the court, which fine shall go into the treasury of the county; and the court shall thereupon direct the commissioners of said county, forthwith to remove, at the cost of the county, every such artificial obstruction so complained of. SECTION 2. Whenever it shall be necessary to re-build any of the dams now erected on French creek, the owners thereof shall construct the same with a substantial shute or lock, the chamber of which lock shall be one hundred and ten feet long, and twenty feet wide; and if the owners thereof shall elect to build a shute in their said dams, they shall so construct it, as not to impede or obstruct the upward, as well as downward, navigation of said stream; and all dams built on said creek, after the passage of this act, shall be constructed with either a lock or shute, of the dimensions and character directed above, so as to promote the free and uninterrupted navigation of said stream; and which locks and shutes shall be kept in good repair by the owner or owners of every such dam; every person failing or neglecting to comply with the provisions of this section, shall on prosecution and conviction in the court of quarter sessions of the county where said dam or dams are situated, forfeit and pay a fine of not less than five hundred dollars, which fine shall go into the treasury of the proper county. SECTION 3. That the provisions of this act shall not be construed to apply, in any manner, to the French creek feeder dam, at Bemus' mills. Dams. SECTION 4. So much of the act of the twenty-third March, on thousand eight hundred and three, as is inconsistent herewith, be an the same is hereby repealed. We do certify that the bill, entitled "An Act to promote the fre navigation of French creek," was presented to the governor on the twenty-ninth day of January, one thousand eight hundred and forty nine, and was not returned within ten days (Sundays excepted) after i had been presented to him; wherefore it has, agreeably to the consti tution of this commonwealth, become a law in like manner as if he had signed it. For recording the plot and survey of certain lands in Elk county. SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the town council of the borough of Saint Mary's, may cause to be prepared, a plot of the said borough, and Mathias Benzinger, John Eschbach, and William A. Stokes, may cause to be prepared, a plot of the lands now or late held by them in Elk county, which plot shall be filed of record, in the office for recording deeds for Elk county, and shall be considered and taken as parts of all deeds, contracts, or other instrument, in which the same is referred to either in the body thereof, or the endorsement thereon, or by naming therein the roads, streets, streams, lots or numbers set forth in the said plots, or either of them; and in all controversies and questions arising from, or under any such deeds, contracts or instruments, or relating to any of the lands aforesaid, the said plots, or either of them, shall be competent evidence of the several matters therein contained. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The fourteenth day of February, A. D. one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 61. AN ACT To incorporate the Lebanon 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 Jacob C. White, Cyrus B. Miller, James Needham, Nicholas G. Boli- Corporators. var, James H. Wilson, David B. Bowser, Thomas Black, Isaiah C. Wear, James Clay, Nathaniel W. Depee, Samuel Vanbrakle, Alexander W. Bell, James Newman, Charles H. Bustill, Jesse Turned, William H. Riley, William Allen and James M. Bustill, and their associates, and all and every the persons who are, or may hereafter become members of the association, styled "The Lebanon cemetery of Philadel- Name. phia," and their successors, shall be and they are hereby created and Privileges. declared a body corporate, by the name and style of "The Lebanon cemetery of Philadelphia ;" and by that name shall have perpetual succession, and shall be capable in law to hold and dispose of property, to sue and be sued, plead and be impleaded in any court of law or elsewhere; to ordain, pass and put in execution all such by-laws, rules and regulations, not contrary to the constitution and laws of the United States, or of this commonwealth, or to this act, as shall be necessary and convenient for carrying into effect the object of the association; and generally to do all and singular the matters and things which shall lawfully appertain to them to do, for the improvement and ornament of the grounds, and due management and regulation of the affairs of the said cemetery. SECTION 2. The object for which this corporation is created, is to Object. establish a cemetery, or burial place for deceased human bodies, beyond the thickly populated portions of the city and districts, being in a lot of ground situated in Passyunk township, Philadelphia county, on the northwardly side of Passyunk road, about one-quarter of a mile west of Broad street, containing eleven acres and a half, more or less, which is now being laid out into small lots for the purposes of interment. Affairs, how conducted. from taxation. Proviso. SECTION 3. The affairs of the association shall be under the control of seven managers, to be elected from among, and by the members, in such manner, and at such times as the by-laws, made in pursuance of this act, shall specify; and until an election shall be held, the trustees of the said association shall act as managers. SECTION 4. That the grounds of the said cemetery (which shall at Grounds exempt no time exceed twelve acres) shall hereafter be exempt from taxation; and no street or road shall be opened through the same, except by and with the consent of the managers thereof; and the lots in the said cemetery shall not be subject to attachment or execution: Provided, That the said exemption from attachment and execution, shall not extend to more than four lots of the size laid out and held by any one individual: And provided further, That nothing herein contained, shall exempt said grounds from taxation for state purposes, or from such assessments for cemetery purposes, as may at any time be made by the managers of the said cemetery. Proviso. APPROVED-The twenty-fourth day of January, A. D. one thousand eight hundred and forty-nine. WM. F. JOHNSTON. Burgess and town council. No. 62. AN ACT Relating to the borough of Gaysport, in Blair county. 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 at the election of officers for the borough of Gaysport, in Blair county, on the third Friday in February, one thousand eight hundred and fortynine, the electors qualified to vote for borough officers, shall elect one person to serve as burgess for the term of three years, and six persons to serve as a borough council, two of whom shall serve three years, two two years, and two one year; their respective terms to be decided by lot, to be drawn in the presence of the burgess, at the first meeting of the council after their election; and at every subsequent annual election, two persons shall be elected to serve for three years, in place of the two whose term of office shall then expire, and so many, and for such time as may be necessary to supply any vacancies that may |