Section 2. That the said corporation, by the same name and Powers. style, shall have perpetual succession, and shall have full power and authority to make, have and use a common seal, with such device and inscription as they shall deem proper, and the same to alter and renew at their pleasure; and by the name and style aforesaid shall be able to sue and be sued, plead and be impleaded, in all courts of law and elsewhere; and shall be able and capable, in law and equity, to take, hold, purchase and receive, all and all manner of lands, tenements, rents, annuities, franchises and hereditaments, and any sum or sums of money, and any goods and chattels given or bequeathed to them, to be employed and disposed of according to the objects, articles and conditions hereof, or according to the articles and by-laws of this corporation, or according to the will and intention of the donors: Provided always, That the clear yearly income of the Proviso. real and personal estate held by this corporation shall not, at any time, exceed the sum of five thousand dollars.

SECTION 3. That the objects of this association shall be to Objects. encourage and foster, among the population of the borough of Williamsport and the county of Lycoming, the spirit of selfimprovement, by the establishment of a library, reading room, cabinet of minerals, and such other things as may be considered necessary or expedient for the promotion of literature, science and mechanics; and it shall have power to purchase land, erect or build or rent buildings, and perform such other acts as may be necessary for the promotion of these objects.

SECTION 4. That the capital stock of said corporation shall be Capital stock. five thousand dollars, to be divided into shares of five dollars each, and may be increased, from time to time, not to exceed fifty thousand dollars, as the managers thereof shall deem necessary; for all which stock certificates shall be issued, signed by the president, countersigned by the secretary, and sealed with the common seal of said corporation; which certificates shall be transferable at pleasure by the owner thereof, or by a duly authorized attorney, in the presence of the president or secretary, in a book to be kept for that purpose by said corporation; but no stockholder indebted to said association for annual dues or otherwise, such debt being actually due and unpaid, shall be authorized to make a transfer until such debt is discharged.

Section 5. That the corporators herein named, or any five of Meeting of corthem, shall meet on the second day of May, one thousand eight porators. hundred and fifty-nine, in the borough of Williamsport, and organize their association, under this act of incorporation; and this corporation shall have full power to enact and enforce such by-laws and ordinances as they shall think proper for their gov- By-laws. ernment, and for the regulation and transaction of the business of said association, and shall have power to elect a president, six managers, and such other officers, and at such times as they may deem proper: Provided, That the by-laws and ordi- Proviso. nances, and all the acts of said association, shall not be contrary to this charter, nor to the constitution aad laws of the United States or of this commonwealth.

Section 6. That no enumeration of powers, privileges and Construction of duties herein contained, shall be so construed as to exclude others powers, &o. not enumerated, which are necessary for the proper fulfilment

of the design and purposes of this act, and not inconsistent with its express provisions and limitations.

W. C. A. LAWRENCE, Speaker of the House of Representatives. JNO. CRESSWELL, Jr.,

Speaker of the Senate. APPROVED—The eleventh day of April, Anno Domini one thousand eight hundred and fifty-nine.

WM. F. PACKER.

No. 687.

A N ACT

Corporators.

Name,

To incorporate the Sewickley Cemetery of Allegheny county. 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 G. E. Warner, Doctor John Dickson, D. N. White, John Fleming, J. W. F. White, J. P. Kramer, John Way, J. B. S. Ward, Doctor William Woods, William Harbaugh, David Anderson, T. A. Nevin, George F. Rudisill, John Way, junior, John Irwin, D. R. Miller, Robert Nevin, Bruce Tracy, John Thompson, Hugh Linn, Jacob Guy, George H. Starr, Joseph S. Travelli

, Thomas L Shields, S. D. Miller, William Grimes, Alexander M'Donald, Doctor Robert M'Cready, Robert H. Davis and Wii liam Miller, be and they and their successors are hereby created a body politic and corporate in law, under the name and title of the Sewickley cemetery, and by that name shall have perpetual succession, and be able and capable in law to have and use a common seal, to sue and be sued, implead and be im. pleaded in all courts of law and equity, and to do all such other things as are incident to a corporation.

Section 2. That the said corporation shall, at least once in every year hereafter, fill, by election, by ballot, all vacancies which may occur, and may at the same time, or other times, increase and add to their number from those who may be lot. holders in the cemetery, so that the said company shall never be reduced to less than ten, nor exceed thirty members; and they shall have full power to ordain, establish and put in execution, all such by-laws, rules and regulations, not contrary to the constitution and the laws of the United States or of this state,

be necessary for the proper government of this corporation, its officers and affairs, and until the election of managers

shall exercise all the powers thereof.

Seal.

Vacancies, how filled.

By-laws.

which may

SECTION 3. That the said corporators shall, at least once in Election of manaevery year, elect, from their number, seven, managers, one of gers. whom shall be designated as president, one as secretary and one as treasurer, who shall make a report of their proceedings and statement of the finances at the annual meetings of the cor. porators, and as much oftener as may be required by a majority of the said corporators. · Section 4. 'That the said corporators, or managers, shall have Powers and privipower to receive all and singular such gifts, bequests and do- leges. nations of property as may be made, and to use the same for the benefit of the corporation, to contract for and purchase from the owner or owners thereof, a tract of land in Allegheny county, not exceeding in the whole fifty acres, and the same to lay out and ornament, and to divide and arrange it into suitable plots and burial lots, remove and alter old, and erect new buildings, and to do all other things proper or necessary to be done, to adapt the said ground for the purpose of a cemetery, and to sell and dispose of said plots and burial lots, in fee simple or otherwise, for the purposes of sepulture, to individuals, societies or congregations, without distinction or regard to sect, under such conditions, rules and regulations, as the said corporators or managers may establish for the government of lot-holders, visitors to the cemetery and burial of the dead : Provided, That Proviso. the lots granted by the said association, for burial lots, shall not be used for any other purpose, and they shall be free from seizure, levy or sale under or by virture of any execution against any grantee or grantees of said association for such purpose.

Section 5. That the said corporators or the said managers, Further powers. after their election, shall have the power to appoint all officers, agents and workmen which may be needful, and fix their compensation or wages, and the same to discharge at pleasure, to take from the treasurer security for the faithful performance of his trust, and to discharge him from his office upon

occasion therefor, and that the said managers shall keep fair minutes of all their acts and doings.

Section 6. That the said corporation shall be capable of Personal properholding so much personal property as may be necessary for the ty. purpose of this incorporation, and it shall be the duty of the managers to devote all the income, of whatsoever kind, to the Income of incorpurposes of the corporation, and after a sufficient sum shall poration, how in

vested. have been received from the sale of lots, and expended in the payment for the cemetery grounds and improvement thereof, to set aside at least twenty per centum, and more, if it can be spared, out of the proceeds of all subsequent sales of lots, to be invested in ground rents, mortgages or stocks of the commonwealth of Pennsylvania, for the creation of a fund, the income of which shall be applied, as may be necessary, for the perpetual maintenance of the cemetery in proper order and security; and any failure in the duties aforesaid, shall subject said managers or corporators to. the control of the competent judicial authority for correction.

Section 7. That the original conveyance of lots from the cor- Conveyance of poration to individuals, may be evidenced either by deed or by lots, relative to. a certificate signed by the president and countersigned by the secretary or treasurer, as by the rules and regulations or by

laws shall be required, and such deed or certificate, specifying that such a person is the owner of such a lot or lots, shall rest in the proprietor, his heirs and assigns, a right, in fee simple, to such lot or lots; and said certificates shall have the same force and effect as deeds duly executed in other cases, and may be recorded, and certified copies thereof shall be evidence as in other

cases. Injury to proper Section 8. That any person who shall wilfully destroy, muty, penalty for. tilate, deface, injure or remove any tomb, monument or grave

stonę, or other structure, placed in the cemetery aforesaid, or any fence, railing or other work for the protection or ornament of the said cemetery, or shall wilfully destroy, cut, break or injure any tree, shrub or plant, within the limits of said cemetery, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, before any court of competent jurisdiction, be punished by a fine of not less than five dollars, or more than one hundred dollars, and by imprisonment in the county jail, for a term of not less than one, nor more than thirty days, according to the nature and aggravation of the offence; and such offender shall also be liable in an action of trespass, in the name of the said corporation, to pay all such damages as have been occasioned by his unlawful act or acts; which money, when recovered, shall be applied by the said corporation, under the direction of the managers, to the reparation and restoration of the property destroyed or injured as above, and members of said corporation, or the lot owners, shall not thereby be prevented from testifying in any case at law, to which said corpo

ration shall be a party. Streets, lanes or Section 9. That no street, lane or road shall ever be laid ont roads, relative to through the lands so occupied as a cemetery, except under the authority of the corporation.

W. C. A. LAWRENCE, Speaker of the House of Representatires. JNO. CRESSWELL, JR.,

Speaker of the Senate. APPROVED—The eleventh day of April, Anno Domini one thousand eight hundred and fifty-nine.

WM. F. PACKER.

No. 688.

AN ACT

To incorporate the Ministers and Elders constituting the First United Pres

byterian Synod of the West. 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

to.

John T. Pressly, James Rodgers, David R. Kerr, William M. Corporators. M'Elwee, John S. Easton, John T. Brownlee and Robert Gracey, and their successors, duly elected and appointed in manner as is hereinafter directed, be and they are hereby made, declared and constituted a corporation and body politic and corporate, in law and in fact, to have continuance forever, by the name, style and title of “'Trustees of the First United Presbyterian synod Stylo. of the West,” in connection with the general assembly of the United Presbyterian church of North America ; and by the name, Real and personstyle and title aforesaid shall forever hereafter be persons able al estate, relative and capable in law as well to take, receive and hold all manner of lands, tenements, rents, annuities, franchises and other hereditaments which at any time or times heretofore have been granted, bargained, sold, enfeoffed, released, devised or otherwise conveyed to the ministers and elders constituting the first United Presbyterian synod of the West, or any other person or persons, to their use, or in trust for them; and the same tenements, lands, rents, annuities, liberties, franchises and other hereditaments are hereby vested and established in the said corporation, and their successors, forever, according to the original use and intent for which such devises, gifts and grants were respectively made; and the said corporation, and their successors, are hereby declared to be seized and possessed of such estate and estates therein as in and by the respective grants, bargains, sales, enfeoffments, releases, devises and other conveyances thereof, is or are declared, limited and expressed ; also, that the said corporation, and their successors, at all times hereafter, shall be capable and able to purchase, have, receive, take, hold and enjoy, in fee simple, or of lesser estate or estates, any lands, tenements, rents, annuities, franchises and other hereditaments, by the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation or devise of any person or persons, bodies politic and corporate, capable and able to make the same; and further, that the said ministers and elders, under the corporate name aforesaid, and their successors, may take and receive any sum or sums of money, and any portion of goods and chattels that have been given to said ministers and elders, or that shall hereafter be given, sold, leased or bequeathed to the said corporation, by any person or persons, bodies politic or corporate, that is able or capable to make a gift, sale, bequest or other disposal of the same; such money, goods or chattels to be laid out and disposed of for the use and benefit of the aforesaid corporation, agreeably to the intention of the donors, and according to the objects, articles and conditions of this act.

Section 2. That no misnomer of the said corporation, and Misnomer. their successors, shall defeat or annul any gift, grant, devise or bequest to or from the said corporation : Provided, The intent Proviso. of the party or parties shall sufficiently appear upon the face of the gift, will, grant or other writing, whereby any estate or interest was intended to pass to or from the said corporation.

Section 3. That the said corporation, and their successors, shall have full power and authority to make, have and use one common seal, with such device and inscription as they shall seal. think fit and proper, and the same to break, alter and renew at their pleasure.