Imágenes de páginas
PDF
EPUB

23 May 1887.

P. L. 168.

requiring the petitioners to purchase the rights of all lot-holders in such buryinggrounds, and to secure the consent in writing of the near relatives of decedents, whenever such relatives shall appear as parties to such proceedings: And provided further, That any party in interest may appeal from the decree of such court within Appeal. thirty days. (y)

16. Wherever, by virtue of any gift or grant from the commonwealth, any real 16 June 1891 § 1. estate in cities or boroughs is owned by any church or religious society, or is vested P. L. 310. in trustees of, for, or representing any church or religious society, for the purpose Removal of reof a burial-ground, or in trust for such purpose, the courts of quarter sessions of mains from unthe several counties of this commonwealth, upon petition of a majority of the used cemeteries. managers, officers or trustees of such church or society, or of the trustees in whom the legal title of such burial-ground shall be vested, setting forth that any such burial-ground has ceased to be used for interments, shall have and exercise the jurisdiction conferred upon them by the act approved the eighteenth day of April, one thousand eight hundred and seventy-seven, (y) which is hereinafter published at length, and upon proceedings duly instituted and prosecuted in accordance with the provisions of said act, but without requiring any averment or proof other than that such burial-ground has ceased to be used for interments, may, after a full hearing of the parties, their proofs and allegations, authorize and direct the removal of the remains of the dead from any such burial-ground in such manner and to such suitable place as said church, society or trustees shall provide.

6 June 1893. P. L. 325.

essary.

See amendment
7 June 1895,
P. L. 181,

17. Whenever any incorporated or unincorporated church, cemetery or burial associations own grounds located wholly or in part in any cities, township or boroughs, and by reason of the growth thereof and the consequent increasing number of inter- Associations may ments of the dead, as well as for sanitary purposes, it is deemed necessary or purchase new desirable to change the location thereof, or where the further interment of the dead grounds when necwithin the limits of such municipalities has been prohibited, it shall be lawful for such incorporated or unincorporated church, cemetery or burial associations, and they are hereby authorized and empowered to purchase new and more suitable ground in the vicinity, of such extent and area as they shall deem expedient, for the burial of the dead. And such incorporated or unincorporated church, cemetery or burial associations are hereby further authorized and empowered to sell and con- May sell and convey in fee-simple, and unrestricted as to use, all such portions of their lands not vey portions of used or conveyed by them for burial purposes, or which shall have been reconveyed to them, and from which all bodies shall have been removed, and to make, execute and deliver a deed or deeds for the same to the purchaser or purchasers, as though owned by individuals.(z)

18. All acts or parts of acts inconsistent herewith be, and the same are hereby, repealed.

19. It shall not be lawful to open any street, lane, alley or public road through any burial-ground or cemetery within this commonwealth, (a) any laws heretofore passed to the contrary notwithstanding: Provided, That this section shall not extend to the city and county of Philadelphia.

Supp. 2529.

lands not used.

26 May 1891 § 2.

P. L. 118. Repealing clause.

5 April 1849 § 1.

P. L. 397.

Streets not to be

opened through cemeteries.

5 April 1859 § 1. P. L. 363.

Burial lots to be

20. Whenever any lot or lots, or the right of sepulture therein, shall be granted to any person or family, by any incorporated cemetery company, or church or religious congregation, within any common enclosure made by such company, church or congregation, as and for the purpose of the perpetual burial of the dead, every and all exempt from taxalots so disposed of or used for burial shall hereafter be free and exempt from all tax- tion. ation, so long as the same shall be used or held only for the purpose of sepulture.

P. L. 395.

21. Any person who shall wilfully and maliciously destroy, mutilate, deface, 31 March 1860 § 47. injure or remove any tomb, monument, gravestone or other edifice, placed in any cemetery or graveyard, appropriated to and used for the interment of human Violation of sepulbeings, in this commonwealth, or shall wilfully and maliciously injure, destroy or chre punished." remove any fence, railing or other work for the protection or ornament of such places of interment; or shall wilfully open any tomb, vault or grave, within the same, and clandestinely remove any body or remains therefrom; or maliciously destroy any tree or shrubbery growing in such cemetery or graveyard; shall be guilty of a misdemeanor, and on conviction of either of the said offences, be sentenced to undergo an imprisonment not exceeding one year, or to pay a fine not exceeding one hundred dollars, or both or either, at the discretion of the court.

P. L. 67.

22. It shall be lawful for the trustees, directors or other officers of all organized 9 April 1878 § 1. cemeteries within this state, to appoint as many day and night watchmen of their grounds as they may deem expedient; and such watchmen, and also all of their Watchmen may be superintendents, gardeners and agents, stationed on said grounds, are hereby appointed. authorized to take and subscribe before any mayor or justice of the peace in the township where such cemeteries may be situated, an oath of office, similar to the

() No appeal lies from a decree dismissing the proceedings. Congregation's Appeal, 1 Mona. 635. (z) This is an amendment of the act 26 May 1891, § 1. P. L. 118.

(a) A subsequent statute appointing commissioners to survey and lay out such streets, within the limits of a borough, as they shall deem necessary, does not

empower them to locate a street over any part of a burial-ground. Egypt Street, 2 Gr. 455. But in the case of Twenty-second Street, 11 W. N. C. 465; s. c. 102 P. S. 108, it was held that all special acts prohibiting the opening of streets, &c., through cemeteries, in cities, were repealed by the act 8 June 1881, P. L. 68.

P. L. 67.

Their powers.

9 April 1878 § 1. oath required by law of constables; and upon the taking of such oath, such watchmen, superintendents, gardeners and agents shall have, exercise and possess all the powers of police officers within and adjacent to said cemetery grounds; and they, and each of them, shall have power to arrest, on view, all persons engaged in violating the laws of this state in reference to the protection, care and preservation of cemeteries, and of the trees, shrubbery, structures and adornments therein, and to bring such persons so offending before a mayor or justice of the peace within such township, to be dealt with according to law.

10 April 1852 § 5. P. L. 657.

Removal of church

23. When any church of the city or county of Philadelphia shall resolve to purchase and use a new place of burial for the congregation of said church, or to remove thereto the remains of such deceased persons as may have been interred burial-grounds in in a former place of burial, they shall certify such fact to the board of health by Philadelphia to be the proper officer of such church; and the board of health, thereupon, unless they subject to approbation of the board shall determine the proceeding to be injurious to the public health, shall grant a permit for the same, in the manner that they now do in individual cases.

of health.

established near

31 March 1557 § 1. 24. It shall not be lawful to erect or establish any slaughter-house, manure or P. L. 144. bone-dust factory, soap factory, distillery or tannery within two hundred yards of No nuisance to be the enclosed grounds of any incorporated cemetery; and any slaughter-house, manure or bone-dust factory, soap factory, distillery or tannery hereafter erected or cemeteries in York established within the said distance from the boundary of any such cemetery or burial-place, is hereby declared and shall be deemed and taken to be a public nuisance, subject to be abated and removed as common or public nuisances are in other cases: Provided, That the provisions of this act shall be confined to the county of York.(b)

county.

22 Ap. 1794 § 21. 3 Dal. 553.

25. The mayor, aldermen and citizens of Philadelphia, in common council assembled, shall have power, by their ordinance for that purpose, to prohibit any future interments within such parts of the city of Philadelphia wherein they shall delphia may regu- judge such prohibition necessary, and to impose such fines for any breach of such ordinance, as they may deem necessary. (c)

Councils in Phila

late interments.

BUSINESS CORPORATIONS.

See CO-OPERATIVE ASSOCIATIONS; MANUFACTURING COMPANIES; TRADING COMPANIES.

[blocks in formation]

CANAL COMPANIES.

See CRIMES; RAILROADS.

I. ORGANIZATION AND POWERS OF CANAL

COMPANIES.

1. Election of directors.

2. Repeal of special provisions.

Election offi

3. How elections to be conducted. cers not to be eligible. To be sworn, &c. Their powers. Failure to elect, not to dissolve corporation. Directors, in such case, to hold over. How vacancies to be filled. Number of votes to which stockholders entitled. Shares transferred within sixty days not entitled to vote. Proxies regulated.

4. Canal companies, whose works are principally located within the state, to hold their elections here. Majority of directors to be residents of the state. Principal office to be kept within the state. In default, election to be void.

Duties

5. And governor to nominate directors. and powers of such directors. Treasurer to give bond.

6. To make annual reports to the auditor-general. 7. Canal companies may contract with other connecting companies, with reference to traffic over their joint works.

8. Power to consolidate, &c.

9. Power to improve canals.

26. How costs and expenses of actions removed to be borne.

27. To be recovered from the county from which the suit was removed.

28. Arbitrators may compel production of books and papers.

29. Justices may depute persons to serve process for injuries to Schuylkill canal, &c.

IV. REGULATIONS FOR THE USE AND PRESERVATION OF THE CANALS.

30. Penalty for using towing-paths or berm-banks, except for towing. 31. Penalty for obstructing the navigation by boats, 32. Or by sinking anything therein, or placing anything on the towing-paths.

&c.

[blocks in formation]

36. Penalty for taking water without permission. 37. Discharged agents to remove, and give up

10. Power to purchase and lease motive power, &c. papers, &c., on notice. Wives and families of de11. Restriction of rights of sale.

[blocks in formation]

II. OF THE CONSTRUCTION AND IMPROVEMENT OF CANALS.

16. How canal and navigation companies may obtain materials.

17. May enter upon and occupy lands, &c., and adjoining premises, to obtain materials. Compensation to be first made or security tendered. Timber to be obtained only by contract.

18. How damages to be assessed. Viewers to be appointed. Their duties. Judgment to be entered on award of damages; and execution to issue. Fees of viewers.

19. Judgments for damages to carry costs. 20. Security for damages to be approved by two judges. Notice of offering the same to be given. 21. Lateral railroad acts extended to canals. 22. Erection of bridges over canals. 23. Canal companies may construct lateral railroads.

ceased agents to remove, and give up papers, &c. Proceedings in case of neglect or refusal.

38. Name of boat, and place where owned, to be painted on the stern. Penalty for neglect.

39. Setting-poles pointed with iron, not to be used. 40. Derelict property may be seized and sold. Proceeds, how appropriated.

41. How boats to be moored. Penalty for neglect. 42. How penalties to be recovered; and appropriated. Who may be witnesses. Parties aggrieved may appeal. How costs to be recovered from corpora

tions.

43. Penalty for trespassing on adjoining property. 44. Act of 1826 extending to corporations subsequently erected.

45. Boats to be weighed. Provision, where additional cargo is subsequently' shipped, or part unloaded.

46. In case of dispute, referees to be chosen. 47. And empty boats may be reweighed.

48. Opening between stern-post and rudder to be guarded. Penalty for neglect.

49. Lights to be carried at night. Penalty for neglect.

50. Not to be moored near locks, &c.

51. Penalty for unreasonable delay in entering or leaving a lock.

52. Boats near breaches, &c., to moor on request. Penalty for refusal.

53. Permits to be exhibited at each lock, &c. Penalty for refusal.

54. Preference in passing lock, to be forfeited by delay.

55. Penalty for using setting-pole pointed with 56. Penalties, how recoverable.

III. ACTIONS BY AND AGAINST CANAL COM- iron.
PANIES.

24. How process to be served where officers are not found within the county.

25. Suits by and against canal companies may be removed into adjacent county. Party removing to make affidavit. Limitation of right to remove.

57. Gunpowder not to be transported, unless so marked.

58. Punishment for malicious injury to artificial navigation.

59. Wantonly opening or shutting locks, &c.
60. Destroying banks or walls.

I. Organization and powers of canal companies.

P. L. 356.

1. The provisions of the fifth section of the act, entitled "An act regulating 20 April 1858 § 1. railroad companies," approved the 19th day of February 1849, are hereby extended to any coal, canal or navigation company incorporated under the laws of Election of this commonwealth, of which the stockholders, in general meeting to be convened directors. according to the provisions of the existing charter thereof, shall, by a majority of

20 April 1858 § 1. the votes cast in the manner and under the rules prescribed by the said charter,

P. L. 356.

Repeal.

Ibid.

19 Feb. 1849 § 5. P. L. 81.

How elections to be conducted.

Election officers

To be sworn, &c.
Their powers.

Failure to elect, not to dissolve corporation.

accept the provisions of this act: Provided, That within sixty days after such acceptance, a certified copy of the same, under the seal of such company, shall be forwarded to the governor of this commonwealth, to be filed in the office of the secretary of the commonwealth.

2. Upon the acceptance of the provisions of this act by the stockholders of such company, in the manner provided in the first section of this act, so much of any former acts relating to such company, as will be supplied by this act, is hereby repealed.

3. The elections for directors provided for in this act shall be conducted as follows, to wit: at the first election, the commissioners shall appoint three stockholders to be judges of the said election, and to hold the same; and at every succeeding election, the directors for the time being shall appoint three stockholders for the like purpose; and the persons so appointed by said commissioners and not to be eligible. directors, shall not be eligible to an election as a director at said election, and shall respectively take and subscribe an oath or affirmation, before an alderman or justice of the peace, well and truly and according to law, to conduct such election to the best of their knowledge and ability; and the said judges shall decide upon the qualifications of voters, and when the election is closed shall count the votes and declare who have been elected; and if at any time it shall happen that an election of directors shall not be made at the time specified, the corporation shall not for that reason be dissolved; but it shall be lawful to hold and make such election of directors on any day within three months thereafter, by giving at least ten days' previous notice of the time and place of holding said election in the manner aforesaid; and the directors of the preceding year shall in that case continue in office, and be invested with all powers belonging to them as such until others are elected in their stead in case of the death or resignation of a director, or a failure to elect in case of a tie vote, the vacancy may be filled by the board of directors: at all general meetings or elections by the stockholders, each share of stock shall entitle the holder thereof to one vote, and each ballot shall have indorsed thereon the number of shares thereby represented; but no share or shares transferred within sixty days next preceding any election or general meeting of the stockholders, shall entitle the holder or holders thereof to vote at any such election or general meeting; nor shall any proxy be received or entitle the holder to vote, unless the same shall bear date and have been duly executed within the three months next preceding such election or general meeting.

Directors, in such cases, to hold over. How vacancies to

be filled.

Number of votes

to which stockholders entitled.

Shares transferred

within sixty days not entitled to vote. Proxies regulated.

18 March 1847 § 1. P. L. 333.

Canal companies whose works are principally located within the state,

to hold their elections here.

Majority of direc

tors to be residents

of the state.

Principal office to

be kept within the state.

In default, election

to be void.

Ibid. § 2.

And governor to nominate directors.

4. It shall be the duty of any and every railroad or canal company, incorporated by this commonwealth, whose works and property are principally located within this state, in all elections for president, managers, directors or other officers of said companies having the control and direction of the works or affairs of such company, held at any time after the passage of this act, to hold their elections at some place to be determined upon by the board of managers, in this state, and to elect a majority of citizens, resident within this state, as managers or directors of their said companies respectively, of which majority the president shall in all cases be one; and it shall be the duty of the respective boards of such corporations so elected to establish their principal office for the transaction of their corporate business in some convenient place within this state, and not elsewhere, within one month after their election aforesaid; and any election not made in conformity to the directions of this act shall be void.

5. Upon the failure of any company, incorporated and situated as aforesaid, to elect officers in accordance with the provisions of this act, and to establish their office as herein directed, it shall be the duty of the governor to nominate to the canal commissioners() seven persons, stockholders of such company, resident within the state, fitted to conduct the affairs of the said company failing as aforesaid; and if the said commissioners shall approve of the persons so named, they shall confirm their appointment as directors of such company; and if any of the persons so nominated shall not be approved by the said commissioners, others shall be nominated in such case by the governor aforesaid, till the required number shall be approved; and the like course shall be pursued, if any stockholder so appointed shall refuse to serve; in such case a proper person, not a stockholder, may be nominated and appointed as aforesaid in his place; and when the number is complete as aforesaid, the directors so appointed shall elect one of their number president of the board, and shall also elect a treasurer of the said company; Duties and powers and it shall be the duty of the directors aforesaid to take charge of the works of such directors. and property, books, papers and documents of the said company, and conduct the business thereof, under the provisions, regulations and directions of the charter thereof, and with the same liabilities, duties and responsibilities, as a board regularly elected under the provisions of the charter would be liable to do, and with like powers and authorities; and the said directors shall continue to hold possession of the works of said company, and to execute their duties as aforesaid, until a board shall be regularly elected by the company, in accordance with the provisions

(d) The board of canal commissioners was abolished by act 25 January 1859. P. L. 6.

P. L. 333.

of this act; and upon such election, the said directors appointed as aforesaid, in 18 March 1847 § 2. charge of the works as aforesaid, shall deliver up to the said board elected as aforesaid, within one month after they shall, by resolution, have determined to comply with the requirements of this act, a copy of which resolution shall be delivered to the directors aforesaid, all and singular the works, property, books, papers and documents of the said company, or having any connection therewith, and all funds not necessarily expended in the discharge of the expenses incident to the conduct

ing of the affairs of the said company, and in payment of its liabilities: Provided, Treasurer to give That the person who shall act as treasurer of such company shall give bond, with bond. security, to be approved by the court of common pleas of the county in which the works of the company shall be principally situated, in such sum as the said court shall direct; and shall keep books, in which the whole receipts and disbursements of the company shall be fully set forth and exhibited.

P. L. 464.

6. That the provisions of the act, entitled “An act requiring railroad companies 15 April 1863 § 1. to make uniform reports to the auditor-general," approved April 4th, Anno Domini 1859, (e) be and the same is hereby extended to all canal companies, whose works, To make annual in whole or in part, lie within the limits of this commonwealth; and that the reports to the reports required by this act shall be transmitted by the auditor-general to both auditor-general. branches of the legislature on or before the 15th day of January in each and every year.

P. L. 393.

other connecting

7. It shall and may be lawful for any canal company incorporated by this com- 11 April 1864 § 1. monwealth, to enter into any contract or contracts, with any other canal or railroad company, with reference to the traffic to be carried on their respective works, the Canal companies proportion thereof, the rates to be paid therefor, and for paying a proportion of may contract with the expenses of operating any railroads, transporting freight, using either of the companies with improvements; and all contracts heretofore made with respect to the matters afore- reference to traffic said, are validated and confirmed: Provided, however, That nothing herein contained shall authorize either of the parties to said contract to make higher or greater charges than are now allowed by law; nor to affect in any way the right of companies, individuals and the public, to use the respective works, and to pursue, without interference, their lawful employments on the same respectively, under existing laws.

over their joint works.

8. It shall be lawful for any canal company created by and existing under the 2 April 1868 § 1. laws of this commonwealth, to exercise all the powers as to the stock, bonds and

P. L. 53.

lines of canal of other canal companies, and also as to merger or consolidation with Power to consoliother canal companies, which railroad companies are authorized to exercise as to date, &c. the stock, bonds and railroads of other railroad companies, and as to merger or consolidation with other railroad companies, by the act approved the 23d day of April, Anno Domini 1861,(g) entitled “ An act relating to certain corporations," and by the act passed the 16th day of May, Anno Domini 1861,(h) entitled "An act relating to railroad companies," and by the several supplements to the said acts respectively, all the privileges and provisions of which said several acts and supplements are hereby extended to canal companies whenever applicable.

Ibid. § 2.

9. All such canal companies, or either of them, are hereby authorized to enlarge, extend, deepen and improve by new work, where needful, their respective Power to improve canals and appurtenances, and when necessary for that purpose, to suspend naviga- canals. tion thereon during one season, or parts of two seasons together equivalent to one season, and to purchase or lease all or any part thereof from, and sell or lease all or any part thereof to, either of the others; and whenever and as often as deemed necessary by their respective directors to enable them to carry out the provisions, or any of them, of this and the preceding section, or either of them, of this act, such corporations shall have the power to issue preferred or other stock, or to borrow money from time to time, and issue their bonds therefor in sums of not less than one hundred dollars each, in such form or forms, and bearing such rate of interest, as may be determined upon by the directors, and secure the same by one or [more] mortgages upon their corporate property, rights and franchises, or to use for any said purposes any bonds heretofore authorized to be issued and secured by any of said companies.

Ibid. § 3.

10. Said canal companies, and each of them, are hereby authorized to purchase, construct, use, sell, insure and lease boats and motive power, and to transport Power to purchase freight, and to apply and use any and all other device or devices which are or may and lease motive be utilized, applied or adapted to internal navigation and transportation, upon such power, &c. terms and conditions as they may from time to time determine upon.

Restriction of

11. No sale or lease of any of said canals shall be made to any parties, nor shall Ibid. § 4. a controlling interest in the stock or bonds of any of said companies be purchased by any corporation other than one or more of the canal companies whose works rights of sale. connect with the canal of such selling or leasing corporation, either directly or by means of intervening canals, unless a passage for boats and cargoes over the canal so sold or leased, at rates of toll, freight and charges not exceeding those that may from time to time be charged upon the canal adjacent to such sold or leased canals, shall be guaranteed and secured for ever by the contract of the purchaser or les

(e) See tit. "Railroads."

(g) See tit. "Railroads."

(h) See tit. "Railroads."

« AnteriorContinuar »