SECTION 9. That at all elections for trustees, the stockholders shall Ratio of votes. be entitled to the number of votes for the shares they may possess according to the following rule, that is to say: for each share not exceeding two shares one vote, for every two shares above two and not exceeding ten shares one vote, for every four shares above ten and not exceeding thirty one vote, but no share or number of shares above thirty shall confer any additional right of voting.

SECTION 10. That so much of any act or acts of the General Assem- Repeal. bly relating to a Germantown Town Hall company in the county of Philadelphia, as is hereby altered or supplied, be and the same is hereby repealed.

to sell certain real estate.

SECTION 11. That the executors named in the last will and testa- Executors of ment of Abraham Kunzi, deceased, to whom he respectively devised Abraham Kunzi to sell absolutely, or let on ground rent, all his two equal undivided third parts of and in all that lot or piece of ground situate on the south side of Chestnut street, and west side of Schuylkill Second street in the city of Philadelphia, or if partitioned, that portion allotted to the estate of said Abraham Kunzi, deceased, be and they are hereby authorized from time to time to sell and convey in fee simple, or let on ground rent, such part or parts of the said premises bounded northward by said Chestnut street, southward by George street, eastward by Schuylkill Second street, and northward by Aspen street, in one lot or parts and parcels, as may be deemed most advantageous to said estate, and in case of a sale absolutely, the said executors or the survivor of them, are authorized to make and execute and deliver to the purchaser or purchasers thereof good and sufficient deed or deeds for the same in fee simple, without any liability on the part of such purchaser or purchasers to see to the application of the purchase money, and in case the whole or any part thereof should be let on ground rent by said executors, then they are hereby authorized to make and execute good and sufficient deeds for the same, which said deeds shall contain the usual covenants to pay the ground rent in equal halfyearly payments, without deduction for taxes, to build good and substantial brick dwelling houses within one year therefrom, sufficient to secure the rent, with power of entry, distress and re-entry, and permission for the grantee, his heirs and assigns, to purchase off the said ground rent at par, at any time within ten years from the date of the deeds respectively, which ground rent so secured, shall be made payable to the said executors and the survivor of them, and the heirs and assigns of them and the survivor of them, for the use of said estate, and the receipt of said executors, or either of them, shall be a full discharge for ground rent or purchase money or moneys paid for the release or extinguishment of any ground rent which may be secured out of said lot or piece of ground, or any part thereof, without the liabilty of any purchaser or purchasers to see to the application

thereof.

WHEREAS, Tacy Fletcher being seized in fee of several yearly ground Preamble. rents issuing out of certain lots of ground situate in the city and county of Philadelphia, made her last will and testament, dated the sixteenth day of December, Anno Domini one thousand eight hundred and forty-eight, and after her decease, was duly proved before the register for the probate of wills, et cetera, for the county of Philadelphia, on the twelfth day of March, Anno Domini one thousand eight hundred and fifty-one, and letters testamentary granted by the said register in due form to the said Thomas L. Woolston and Robert F. Williams, the executors named therein; that by the said will, after bequeathing a number of legacies and directing her debts to be paid,

Executors of

to sell certain real estate.

she ordered all the rest, residue and remainder of her estate, real, personal and mixed, to be divided into five equal parts or shares, and three of such equal parts she gives unto Thomas L. Woolston in trust, to hold the same for the only use and benefit of his three children, and the survivors and survivor of them, until they respectively attain the age of twenty-one years, and then in trust to pay the same to them, and the remaining two equal fifth parts she gives unto Robert F. Williams in trust, to hold the same for the only use and benefit of his two children, and the survivor of them, in equal parts and shares, until they respectively attain the age of twenty-one years, and then in trust to pay the same to them, as by reference to the said will, on file in the register's office aforesaid, at Philadelphia, will more fully appear; that the said children are of tender age, and the personal estate of the decedent is not sufficient to satisfy all her debts and legacies, and no provision is made in her will for the sale of the real estate; that the ground rents are of unequal values, and will not divide; that after payment of the debts and legacies, a very small residue will remain; that the orphans' court will not direct the whole to be sold for the pay ment of the debts and legacies, and that the process of partition for what will remain after the sale for debts and legacies, will be so small that the expenses thereof will be burthensome; Therefore,

SECTION 12. That Thomas L. Woolston and Robert F. Williams, Tacy Fletcher executors of the last will and testament of Tacy Fletcher, late of the district of Spring Garden, in the county of Philadelphia, deceased, or the survivor of them, be and they are hereby authorized to sell by public sale, all or any of the yearly ground rents of which the said Tacy Fletcher at the time of her decease was seized or possessed in fee, or otherwise, by public or private sale, as they may judge best, and to convey the same by deeds or deed to the purchaser or purchasers for such estate as the said Tacy Fletcher had therein, so that the pur chaser or purchasers thereof shall not be bound to see to the applica tion of the money accruing therefrom, nor be in any way liable in respect to the execution or non-execution of the trusts and limitations contained in said will, and the proceeds accruing from such sale or sales to be held by the executors, to pay and satisfy the debts and legacies and all expenses of settling said estate, and the residue to be held for the uses of said will in regard to the residue of the estate, as if the same had remained in ground rents, or if the legatees, or any of them, shall be willing to accept of the said ground rents at their par value, on account of or in satisfaction of their legacies, it shall and may be lawful for the said executors to grant and assign the same, by proper deed or deeds of conveyance, to such legatees on account of and in satisfaction of such legacy or legacies, to be held on the same terms and conditions as if sold to a stranger: Provided, That before this section shall become operative, the said Thomas L. Woolston and Rob ert F. Williams, or such persons as shall for the time being be the executors, shall give security, to be approved of by the orphans' court of Philadelphia county, for the faithful application of the proceeds of the sale hereby authorized, and that the said court shall have ap proved of said sale.

Proviso.

Preamble,

WHEREAS, A judgment was obtained against Leonard Wheitley, before a justice of the peace, and a transcript of said judgment entered in the court of common pleas of Chester county, as is provided for by the tenth section of the act of twentieth March, Anno Domini one thousand eight hundred and ten, upon which transcript so entered, the prothonotary of the said court issued writs of fieri facias and venditioni exponas, without having first received the said justice's certificate

that an execution had been issued by him upon said judgment, and been returned that no goods could be found, as provided by said act, under which writs a certain stone messuage and lot of land situate on Tunnell Hill, in Phoenixville, Chester county, bounded by Peter Rankin, Patrick Moore, and others, being seventy feet front by one hundred and twenty feet deep, was levied upon and sold by the sheriff to William Nyce, and that the proceeds of said sale has been distributed by the court among the creditors of the said Leonard Wheitley; Therefore,

SECTION 13. That the sale so as aforesaid made of the above men- Sale confirmed. tioned and described house and lot to the said William Nyce, shall be held and taken to be good and valid, and of the same force and effect as if the certificate of the justice, as aforesaid, had been received by the said prothonotary before issuing the said writs.

APPROVED-The tenth day of April, A. D. one thousand eight

hundred and fifty-two.

WM. BIGLER

No. 413.

AN ACT

To incorporate the Cedar Grove Cemetery company; and exempting the Firemen of the borough of Easton and South Easton from the performance of military duty.

WHEREAS, Several citizens of this Commonwealth hereinafter Preamble. named, have associated for the purpose of establishing a cemetery in the neighborhood of Petersburg, in the county of Huntingdon, intending that about two acres of a certain tract of land in West township, in said county, bounded by lands of George Henderson, John Rung, and Peter Shoenberger, 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 John M'Culloch, Thomas F. Stewart, William Reed, John Rung, Corporators. Abrm. Cresswell, Herman Reel, Samuel S. Thompson, and Joseph M. Stephens, be and they are hereby made a body politic and corporate in law, under the name, style and title of "The Cedar Grove Cemetery Style. 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 im- Privileges. pleaded, and so to do all such other things as are incident to a corporation,

Trustees.

May hold land.

Powers of trustees.

No road to be

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 Huntingdon county shall appoint other trustee or trustees, so that the ground selected for cemetery may be preserved for the purpose intended, and those whe bury there may be assured of continued protection to the remaius of relatives and friends who have been committed to the earth.

SECTION 3. That the said cemetery company shall be able and capa ble in law to purchase and hold for the, purpose of a cemetery said tract of land, not to exceed in extent six 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 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 appointment of suitable officers and agents, and their duties and compensation, and relative to the duties of trus tees, and from time to time to make such other rules aud regulations for the government of lot-holders and visitors as they may deem neces

sary.

SECTION 5. That no road or street shall be opened through the open through lands of said corporation occupied as a burial ground, except by and with the consent of said corporation.

the lands.

Court of common pleas

of Huntingdon county to grant

relief.

Punishment for injuries.

Lots transfera

SECTION 6. That the court of common pleas of Huntingdon county shall have full power at all times, upon the application of any trustee, to grant relief in equity, so far as regards the removal of any trustee or trustees who may be unable to fulfil his or their duties, or who neglects or refuses to carry out the object and intention of this charter, and from 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 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 protection 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 guilty of a misdemeanor, and shall, upon conviction thereof before any justice of the peace of the county of Huntingdon, 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 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 to the aggravation of the offence, at the discretion of the court.

SECTION 8. That every lot conveyed in such cemetery shall be ble & exempted held by the proprietor for the purpose of sepulture alone, transferable from taxation. 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 be hereafter forever exempted from taxation.

SECTION 9. That the firemen doing active service in the borough of Easton and South Easton, in the county of Northampton, be and they

are hereby made exempt from military duty, and shall not be subject Firemen in the o a fine for not complying with the militia laws of this Commonwealth: borough of EasProvided, That this act shall not be construed to exempt said firemen from duty in time of war.

JOHN S. RHEY,

APPROVED-The twenty-first day of April, one thousand eight hun

ton exempt from military duty.

dred and fifty-two.

WM. BIGLER.

No. 414.

AN ACT

Respecting part of a State road from Merwinsburg to Conyngham, in Luzerne county, and to incorporate the German Evangelical congregation of the vil lage of Archibald, in said 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 so much of the act of the sixth day of April, one thousand eight hun- Repeal. dred and fifty, entitled "An Act authorizing the location of a State road from Lycoming creek, by way of Sullivan county, to the North Branch of the Susquehanna, and relating to supervisors in Pike county; to incorporate the Northampton and Bucks Plank Road company; to lay out a State road from Merwinsburg to Conyngham," as authorizes the laying out and opening a State road in the townships of Butler and Sugarloaf, in Luzerne county, be and the same is hereby repealed, and all and every the acts of the commissioners respecting that part of said State road, and any orders and decrees of the courts touching the same, are hereby declared void and of no effect.

SECTION 2 That Christian Sans, John Merklinger, George Probst, Corporators. Henry Scheufler, Conrad Lorenz, Claus Frank, Anthony Mai, Francis Hofsommer, Henry Peter Zimmerman, Christian Benzing, Frederick Cuyrim, William Bishoff, George Bartholomaeus, Jost Young, John Claus Wendt, John Hoffsommer, Anthony Gerbig, John Meyl, Conrad Scheufler, Francis Bishoff, Peter Probst, Augustus Reinhard, John Siegel, Jacob Ulmer, Oswald Siegel, George Ingerick, Henry Goehrs, members of the German Evangelical congregation of the village of Archbald, and its vicinity, in the county of Luzerne, and their successors, be and they are hereby created one corporation and body politic in law, by the name and style of "The German Evangelical congregation of the village of Archbald and its vicinity."

SECTION 3. That the said corporation, by the same name and style, Privileges. shall have perpetual succession, and be able to sue and be sued, plead,