tions. ford and New Haven turnpike road; and the president and managers of said company are authorized to erect such toll gates as may be necessary Powers, privi- for the proper collection of tolls, and generally have like powers, auleges and restric- thorities and privileges necessary to carry on and complete the said turnpike road, and to be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, and be entitled to like tolls, in proportion to the distance, as are given and granted to the president, managers and company of the Lancaster and Susquehanna turnpike road, by the laws of this commonwealth, and generally to do and exercise all the powers and authorities, as fully and absolutely as if the said laws herein referred to were hereby enacted. Proceedings against delin quent stockhold ers. Proviso. toll. SECTION 4. That if any stockholder, whether original subscriber or assignee, after thirty days' notice in the public papers aforesaid, of the time and place appointed for the payment of any proportion or instalment of the said capital stock, in order to carry on the work, shall neglect to pay such proportion for the space of thirty days after the time appointed for the payment thereof, every such stockholder shall in addition to the instalment so called for, pay at the rate of five per centum per month for every delay of such payment, and if the same and the said additional penalty shall remain unpaid for such space of time as that the accumulated penalty shall have become equal to the sums before paid in part and on account of such share, then the same may be forfeited by and to the said company at any public meeting of the managers thereof, and may be sold by them to any person or persons willing to purchase the same, for such price or prices as can be obtained for the same, or in default of payment by any stockholder of any such instalment as aforesaid, the said president and managers may at their election cause suit to be entered and brought in any court, or before any alderman or justice of the peace having competent jurisdiction, for the recovery of the same, together with the penalty aforesaid: Provided always, That no stockholder, whether original subscriber or assignee, shall be entitled to vote at any election or any general or special meeting of said company, unless the whole sum due and payable as aforesaid, on the share or shares by him held at the time of such election, or general or special meeting of the said company, shall have been fully paid and discharged as aforesaid. SECTION 5. It shall and may be lawful for said company as soon as When to receive five miles of said road shall be completed, and so in succession for every five miles, to erect a gate thereon, and so receive toll according to the rate established by the said recited act, notwithstanding any law to the contrary: Provided, That if the company shall not proceed to carry on the said work within three years, and complete the road within six years, according to the true intent and meaning of this act, then and in either of those cases, all and singular the rights, liberties and franchises hereby granted to said company shall revert to the commonwealth. Proviso. Reservation. SECTION 6. The legislature hereby reserves the right to alter, amend, or annul this charter, whenever in their opinion the same shall become injurious to the citizens of this commonwealth; in such manner, however, as to do no injustice to the corporators thereof. WILLIAM F. PACKER, Speaker of the House of Representatives. WM. WILLIAMSON, APPROVED-The eighth day of April, one thousand eight hundred and forty-eight. FRS. R. SHUNK. No. 397. AN ACT To incorporate the cemetery of the Methodist Episcopal church at Harrisburg. 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 M. Awl, Joseph Black, Cyrus J. Rees, Henry Antes, James Denning, Samuel Weitzel, Alexander Buffington, James Porter and Trustees. William Jennings, trustees in trust for the Methodist Episcopal church at Harrisburg, and their successors in office, agreeably to the rules and form of discipline by which the said church is governed from time to time, be and they are hereby created a body politic and corporate in law, by the name, style and title of "The cemetery of the Methodist Name. Episcopal church at Harrisburg," and by that name shall have perpetual Privileges. succession, and be able to sue and be sued in any court of law or equity, and may have a common seal, and the same at their pleasure to alter or renew; and shall have power to purchase, have, hold and enjoy to them and their successors, such real estate as they now hold, with such other real estate as they may require for the purpose of establishing said cemetery Provided, That the whole quantity of real estate to be held Proviso. by them as a corporation, shall not exceed five acres ; and the said corporation shall have authority to receive gifts or bequests, for the purpose of ornamenting or improving said cemetery, and to hold such personal property as may be necessary to carry out the object of this act. SECTION 2. That the affairs of said corporation shall be conducted and governed by the trustees in trust as aforesaid, and their successors in office, agreeably to the rules and form of discipline by which the said church is governed from time to time, who shall have power to lay Powers. out and ornament the ground purchased, or which may be purchased for said cemetery, to erect such buildings thereon as may be necessary for the enjoyment of the same, to lay out, sell and dispose of burial lots, to appoint all necessary officers, and fix their several duties and compensations, and to make such by-laws, rules and regulations as they may deem proper for conducting the affairs of the corporation, for the government of lot holders and visitors to the cemetery, and for the transfer of lots and the evidence thereof. the lands. Injuries, how SECTION 3. That no streets or roads shall hereafter be opened through the lands of said corporation, except by and with the consent of the No streets to be said "trustees in trust, and their successors in office as aforesaid ;" and opened through that any person who shall wilfully destroy, mutilate, deface, injure or abuse any tomb, monument, grave stone or other structure placed in the cemetery aforesaid, or any fence, railing or other work for the protec- punished." tion 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 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 of the county of Dauphin, 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 Transferable. than fifty dollars, or shall on conviction thereof in the court of quarter sessions of said county, be punished by fine as aforesaid, and by imprisonment according the the aggravation of the offence, at the discretion of the court. SECTION 4. That every lot conveyed in such cemetery shall be held by the proprietor for the purpose of sepulture alone, transferable with consent of trustees in trust, and their successors in office as aforesaid." and shall not be subject to attachment or execution; and that the said cemetery shall hereafter be forever exempted from taxation. APPROVED-The tenth day of April, one thousand eight hundred and forty-eight. FRS. R. SHUNK. Preamble. Trustees. Incorporated. Number of trustees. No. 398. AN ACT To incorporate the Montgomery cemetery company. WHEREAS, Several citizens of this commonwealth hereinafter named, have associated for the purpose of establishing a cemetery in the neighborhood of Norristown, in the county of Montgomery, intending that about thirty acres of a certain tract of land in Norriton township, in said county, bounding on the river Schuylkill and the lands of Zadock Thomas, Rittenhouse and others, shall be used for the purpose of interment, and they have desired that they and their successors may be incorporated for establishing and perpetuating such cemetery; 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 William Hamil, John R. Cooken, Adam Slemmer, Henry Freedley, James Wells, Abraham Markley, John Freedley and Joseph Fornance, be and they are hereby made a body politic and corporate in law, under the name, style and title of the Montgomery cemetery company,' and by that name shall be able and capable in law to have and use a common seal, to sue and be sued, to plead and be impleaded, and to do all such other things as are incident to a corporation. SECTION 2. That the first five persons above named shall be trustees of said cemetery company, and whenever a vacancy shall occur in the board of trustees, the court of common pleas of Montgomery county shall appoint other trustee or trustees, so that the ground selected for a cemetery may be preserved for the purposes intended, and those who bury there may be assured of continued protection to the remains of relatives and friends who have been committed to the earth. SECTION 3. That the said cemetery company shall be able and capa- May purchase ble in law to purchase and hold for the purpose of a cemetery, said land, &c. tract of land not to exceed in extent thirty acres; also, to hold so much personal property as may be necessary for the purposes of this corporation and no more, and to assume the management, direction and disposal of the same. SECTION 4. That the trustees aforesaid shall have power to lay out and ornament the grounds purchased by said cemetery company for the Further powers. purposes of this corporation, to erect suitable buildings thereon, and keep the buildings and premises in decent repair, to arrange burial lots and sell and dispose of the same for burial places, under such rules as may be proper and necessary, to make by-laws and regulations from time to time relative to the duties of trustees, and relative to the appointment of suitable officers and agents, and their duties and compensation, and from time to time to make such other rules and regulations for the government of lot-holders and visitors, as they may deem neces sary. SECTION 5. That no street or road shall be opened through the lands No street or road of said corporation occupied as a burial ground, except by and with the to be opened consent of said corporation. through burial ground, &c. SECTION 6. That the court of common pleas of Montgomery county Court of comshall have full power at all times, upon the application of any trustee, mon pleas of to grant relief in equity so far as regards the removal of any trustee or Montgomery trustees who may be unable to fulfil his or their duties, or who neglects county to grant or refuses to carry out the object and intention of this charter, and from relief, &c. time to time to appoint a trustee or trustees to fill all such vacancies as may occur by death, resignation or removal. SECTION 7. That the same protection and provisions contained in Provisions of a an act relating to the mutual family burial ground association of the certain act excity and county of Philadelphia, be and the same is hereby extended to the Montgomery cemetery company. APPROVED-The tenth day of April, one thousand eight hundred and tended to this company. forty-eight. FRS. R. SHUNK. Duties. tion. No. 399. AN ACT Authorizing the governor to incorporate a company for making an artificial road over and upon the bed of the present road known as "School House lane," running from the Germantown and Perkiomen turnpike to the Ridge turnpike. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly mel, and it is hereby enacted by the authority of the same. That Commissioners. Peter Wright, Charles Treichel, D. Rodney King, Abraham Martin, James C. Kempton, Philip S. Justice, George Blight, P. R. Freas and Nicholas Rittenhouse, of the county of Philadelphia, be and they are hereby appointed commissioners to do and perform the duties hereinafter mentioned, that is to say they shall procure a book and therein Form of subscrip- enter as follows: "We whose names are hereunto subscribed do promise to pay the president and managers of the Manatawna turnpike road company the sum of fifty dollars for every share of stock in said company by us subscribed, in such manner and proportions, and st such times and places as shall be determined on by the president and managers, in pursuance of an act, entitled An Act authorizing the governor to incorporote a company for making an artificial road over and the bed of the present road known as School House lane,' upon running from the Germantown and Perkiomen turnpike to the Ridge turnpike.' Witness our hands the day of Anno Domini, one thousand eight hundred and ;" and shall give at least thirty days' notice, in a newspaper published in the county of Philadelphia, of the time and place, when and where the said book shall be opened to receive subscriptions of stock of the said company, at which time and place two or more of the said commissioners shall attend and receive subscriptions from all persons of lawful age who shall offer to subscribe in said book, which shall be kept open for the purpose aforesaid, at least five hours in each juridical day for the space of five days, or until the book shall have subscribed therein one hundred and fifty shares; and the said commissioners may adjourn from time to time, and transfer the book from place to place until the whole number of shares aforesaid shall be subscribed, of which adjournment and transfer the said commissioners shall give such notice as the occasion may require. Notice. Letters patent. Style. SECTION 2. When two or more persons shall have subscribed fifty or more shares, and the said commissioners, or a majority of them, shall have certified under their hands and seal to the governor the names of the subscribers, and the number of shares subscribed by each, it shall and may be lawful for the governor, by letters patent under his hand and the seal of the state, to create and erect the subscribers, and also those who may afterwards subscribe, into one body politic and corporate, in deed and in law, by the name, style and title of the Manatawas turnpike road company; and by the same name the subscribers shall have perpetual succession, and the privileges and franchises incident to a corporation, and shall be capable of taking and holding their capital stock and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as |