USA > Pennsylvania > Philadelphia County > Philadelphia > Copy of the deeds of trust, charter, by-laws, and list of lot-holders : with an account of the cemetery (Philadelphia Cemetery, 1845) > Part 1
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Go 974.802 P53phc 1681197
REYNOLDS HISTORICAL GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 02165 701 7
Digitized by the Internet Archive in 2016
https://archive.org/details/copyofdeedsoftru00unse
PHILADELPHIA CEMETERY.
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COPY OF THE
DEEDS OF TRUST, CHARTER, BY-LAWS,
AND
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LIST OF LOT-HOLDERS;
WITH
An Account of the Centetern.
PUBLISHED AGREEABLY TO A RESOLUTION OF THE LOT-HOLDERS.
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PHILADELPHIA:
MIFFLIN & PARRY, PRINTERS, NO. 99 S. SECOND ST. + 1845,
1681197
PHILADELPHIA CEMETERY, %
May 6, 1844.
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At the Annual meeting of the Lot Owners held this day, the follow- ing persons were elected Managers for the ensuing year:
Isaac B. Baxter, Jacob Thomas, John Struthers, Benjamin Mifflin, Robert Buist.
The following resolution was adopted :
Resolved, That the Managers have prepared and printed for the use of the Lot Owners, the Deeds of Trust, Charter, By-Laws, and list of Lot Owners.
At a meeting of the Managers held on the 10th of May, 1844, the following persons were elected officers for the ensuing year.
President-Jacob Thomas. Treasurer-Robert Buist.
Secretary-Benjamin Mifflin. John'Mercer was re-appointed Keeper,
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:
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The Philadelphia Cemetery,
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JAMES RONALDSON was the original projector of the burial ground, called the Philadelphia Cemetery, situated in Moyamensing township in the county of Philadelphia.
James Ronaldson was born at Edinburgh, Scotland, in the year 1769; he came to the United States of America in the year 1794 .* Hesettled in Philadelphia, and established the first type foundry in America, associated with Archi- bald Binney.
Many years ago, about the beginning of the present century, Mr. Ronaldson conceived the idea of establishing a respectable place for the interment of persons whose cir- cumstances did not admit of their incurring the charges usu- ally made for interments in grounds belonging to the churches ; and that they might avoid the necessity of being buried in the public grounds, where the expense is small, but the hazard of being removed very considerable. With these views, Mr. Ronaldson was induced to purchase from the Executors of the late Mr. Bleakley, the lot of ground on Shippen street, between Ninth and Tenth streets, now the Cemetery, and appropriate it to the pre- sent purpose. He had suitable buildings erected, had it enclosed with proper fences, filled up by adding several thousand loads of earth, ornamented by planting various trees and shrubs, and making gravel walks, and it was sur-
* James Ronaldson died on the 26th of March 1841, and was inter. red in the Cemetery which his benevolence established.
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veyed and laid out in lots of 8 by 10 feet, fixing the price of each lot at $26 to $30.
The success of this plan was for several years doubtful, as some of the neighbors were hostile to such an establish- ment, apprehending it would become a nuisance; others were backward in countenancing the project from an idea that it was an infringement on the rights of the church, and that the ground was not properly consecrated : even some of the gentlemen of the clergy expressed an unkind disposition on the subject, and declared their intention of refraining from officiating at funerals in this Cemetery.
But happily for society, the humane views of the pro- jector have at length been carried out, and his endeavors have succeeded in dispelling these prejudices. Any per- son of whatever religious persuasion, may now have his own freehold estate in the ground consecrated and blessed in any manner of faith consistent with his belief, without any hindrance or unkind feelings from his neighbors.
As a wish has been expressed by some of the owners of lots in this Cemetery, that a short history of it should be placed on record, the present Managers have obtained the preceding facts, and publish them with the Deed of Trust and Act of Incorporation, trusting they will be gratifying and satisfac- tory to all interested. Sincerely hoping that this estab- lishment may long continue to be a benefit to the communi- ty and a source of satisfaction to the citizens of Philadel- phia, as it was the first to overcome old established preju- dices, the foregoing statement is most respectfully submit- ted to the proprietors.
PHILADELPHIA, DEC. 1, 1844.
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From the Philadelphia Gazette, March 3, 1837.
The following lines were addressed to JAMES RONALDSON, Esq., by a friend who came passenger with him from Scotland, in the good ship Providence. The effusion is meritorious, not merely from its point, but from the spirit of enduring friendship which it breathes.
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LINES ADDRESSED TO MR. JAMES RONALDSON.
By an Old Shipmate .* In youthful days, when we resolved Our native land to leave, With a firm faith in Providence We crossed the Atlantic wave.
No better namet a ship could have, Than that which brought us here,
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And Providence has favored us Throughout our long career.
And when our varied race is run, And each has done his best,
A pleasant place yout furnished have Where both of us may rest.
* Adam Ramage, of Philadelphia.
t Ship Providence.
# Philadelphia Cemetery, where his mortal remains now rest.
DEAR SIR,
I have seen a manuscript copy of your Address, and feel very much obliged to you for the compliment; it makes me in memory 43 years younger, and revives feelings and recollections that produce a miqed and indescribable train of sensations in my memory, and brings into a focus in the mind, the past, the present, and the future. Well, Adam, don't you think that now we are acquainted, it is more likely that we shall be so hereafter, than it was 70 years ago that we should meet in the little ship Providence? It is a kindly hope, and I will cherish it; and, until we see hope a reality, I am
Yours sincerely,
JAMES RONALDSON.
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NUMBER OF INTERMENTS.
Since the establishment of the Philadelphia Cemetery in the year + 1827, the interments, as taken from the books of the Keeper, are as fol- lows : -
INTERMENTS.
YEARS.
1827
52
1828
116
1829
201
1830
288
1831
334
*1832
433*
1833
$14
1834
342
1835
420
1836
417
1837
358
1838
407
1839·
457
1840
397
1841
438
1842
395
1843
387
1844
340
Total
6076
* The Asiatic Cholera year.
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PHILADELPHIA CEMETERY.
COPY OF
Deed of druet.
APRIL 2, 1827.
THIS INDENTURE, made the second day of April, in the year of our Lord one thousand eight hundred and twenty-seven, between James Ronaldson, of Moyamensing Township, in the County of Philadelphia, Esquire, of the one part, and Joseph Parker Norris. Roberts Vaux, Robert M. Patterson, and Joseph Watson, Esquires, all of the City of Philadelphia, of the other part : WHEREAS the said James Ronaldson is legally seised as of fee of and in the large lot of ground hereinafter particularly described, which he has at much expense enclosed with a wall, iron railing, and other fencing, and otherwise improved and ornamented ; and has caused the same to be laid out as set forth in the map or plan hereunto annexed. Immediately inside the fence is a walk all round the lot, and three other walks running from the northern tothe southern boundaries thereof. And the remaining part of the lot is laid out and subdivided into small lots, extending ten feet from north to south, and eight feet from east to west ; and these small lots are respectively designated on the plan, by numbering each lot from two base lines ; the south edge of Shippen street being the northern base line, from which the desig- nations south commence, and all distances southwardly are reckoned ; and a line drawn from the middle of the car- riage gate, on Shippen street, to the middle of the carriage gate on Fitzwater street, forms the other base line, from 2
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which the designations east and west commence, and all distances east and west are reckoned : And this lot, with its improvements, the said James Ronaldson hath set apart for the purpose of establishing a decent and respectable Cemetery or Burial Place, with a view to moderate funeral expenses, and a hope that it will contribute to cherish those tender feelings that connect the living with their deceased friends ; and in order to secure its application at all future times to that purpose only, he, the said James Ronaldson, has agreed to execute these presents.
Now this Indenture witnesseth, that in consideration of the premises, and of the sum of one dollar lawful money to him in hand paid by the said Joseph Parker Norris, Roberts Vaux, Robert M. Patterson, and Joseph Watson, at the time of the execution hereof, the receipt whereof is hereby acknowledged, he the said James Ronaldson, hath granted, bargained, sold, released, and confirmed, and by these presents doth grant, bargain, sell, release, and con- firm unto the said Joseph Parker Norris, Roberts Vaux, Robert M. Patterson, and Joseph Watson, their heirs and assigns, all that certain lot or piece of ground situate on the south side of Shippen street, and north side of Fitzwater street, between Ninth and Tenth streets, continued, in the township of Moyamensing, and County of Philadelphia aforesaid, now called ' The Philadelphia Cemetery :' Be- ginning at the south-west corner of the said Shippen and Ninth streets, thence extending westerly along the south line of Shippen street three hundred and six feet four inches and a quarter to a corner; thence southerly, parallel with Tenth street, partly by other ground of the said James Ronaldson, and partly by grounds of Isaac Har- vey, three hundred and seven feet, more or less, to Fitz- water street ; thence easterly along the north line of Fitz- water street two hundred and twenty feet four inches and a quarter to a corner ; thence by ground late of James R. Greaves, north thirty-one degrees east, two hundred and sixty feet to Ninth street, and thence northerly along the said Ninth street fifty-eight feet five inches to the place of beginning.
The above described lot of ground is composed of four pieces of ground : one of them being a small part of the south or rear end of a thirty-six feet wide lot fronting on
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Cedar street, which Christopher Marshall and Margaret his wife, by Indenture, dated the sixth day of June, Anno Domini one thousand seven hundred and ninety-nine, re- corded at Philadelphia, in Deed Book E. F. No. 10, page 123, &c., granted to Archibald Binny and the said James Ronaldson in fee, subject to a paramount yearly rent charge of one pound sixteen shillings sterling, payable to William Shippen, his heirs and assigns, on the twenty- fifth day of June, yearly for ever, and paying also therefor unto the said Christopher Marshall, his heirs and assigns, the yearly rent-charge of seventy-two dollars, in half yearly payments, on the first days of September and March, in every year for ever, without deduction for taxes ; and the said Archibald Binny, by deed poll, dated the 24th day of August, Anno Domini one thousand eight hun- dred and fifteen, endorsed on the said recited Indenture, and recorded at Philadelphia, in Deed Book M. R. No. 4, page 221, S.c., granted and released his moiety of the lot now reciting unto the said James Ronaldson in fee : and the other three pieces of ground, whereof the above de- scribed lot is composed, are the same which Joseph Parker Norris Esq., Executor of the last will and testament of John Bleakly, deceased, by Indenture, dated the thirty- first day of January, Anno Domini one thousand eight hun- dred and twenty-six, recorded at Philadelphia, in Deed Book G. W. R., No. 11, page 628, &c., granted unto the said James Ronaldson in fee, as in and by the said recited Indentures will more fully and at large appear ; together with all and singular the improvements, fences, railings, ways, walks, waters, water-courses, rights, liberties, privi- leges, hereditaments, and appurtenances whatsoever there- unto belonging, or in anywise appertaining, and the reversions and remainders thereof: To have and to hold the said described fot or piece of ground, hereditaments, and premises hereby granted, with the appurtenances, unto the said Joseph Parker Norris, Roberts Vaux, Robert M. Patterson, and Joseph Watson, their heirs and assigns, to and for the only proper use and behoof of the said Joseph Parker Norris, Roberts Vaux, Robert M. Patter- son, and Joseph Watson, their heirs and assigns for ever. In trust, nevertheless, to permit and suffer the said James Ronaldson, his heirs and assigns, to use and occupy the
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said several small lots or subdivisions so designated in the said annexed map or draft, only as burial places for the Inter- ment of deceased human beings, other than people of colour, with the use and privilege of the several walks and. passages laid out and designated in the said map. And also to per- mit and suffer the said James Ronaldson, his heirs and assigns, to erect and build on both sides of the gate or carriage-way on Shippen street, upon those sites desig- nated in the said map for that purpose, suitable houses for the keeper, and other accommodations as may be deemed suitable for the establishment, and to and for no other use, intent, or purpose whatsoever.
And this Indenture further witnesseth, and the said par- ties hereto do mutually agree and declare to and with each other, their respective heirs and assigns, That the nine following articles shall, at all times, for ever, be the rules and regulations to be observed by, and obligatory on all persons who may be concerned or interested in the said Philadelphia Cemetery :- viz.
ART. I. The owners of each of the said small lots or subdivisions, as marked and numbered in the said annexed map or draft, shall be entitled to the exclusive use and occupation thereof in fee simple, only as a burial place for the interment of deceased human beings, other than persons of colour, with the common use of the said walks and passages. The graves to be dug at least four and a half inches within the lines of the lots, and of sufficient depth, so as not to endanger the health of the living; with the right to put thereon such sepulchral monuments and vaults as they may see fit, so however as not to obstruct the free access to the other lots. The walls of the vaults that may be made on any of the said small lots, may extend four and an half inches on the adjoining ground, and must be at least nine inches thick ; the inside crown of the arch shall be at least four feet below the surface of the ground, and not less than one foot thick, and the entry to the same shall be covered with stone or an iron plate, and that covered with earth, so that the said stone or plate and earth shall be at least three feet thick. The earth dug in making vaults shall be taken away, and the vaults kept in repair, by the owners of the same respectively ; and on
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failure thereof, such earth may be removed, and vaults re- paired or filled up by the managers for the time being, at the expense of such owners.
ART. II. The whole of the small lots included in the fourth, fifth, twelfth, and thirteenth ranges west, and in the fourth, fifth, twelfth, and thirteenth ranges east may be enclosed ; and the south half or moiety of all the small lots that have odd numbers, and the northern half or moie- ty of all the small lots that have even numbers, reckoning from Shippen street base line, may be enclosed, if their re- spective owners choose to do so. The enclosures to be of stone or brick, and the walls not exceeding two feet high above the curb stone at Shippen street gate, and may be surmounted with iron railing of any height. The walls of such enclosure, of stone or brick, may extend four and an half inches on the adjoining lots ; and in case the owners of the adjoining lots, having such privilege, shall make use of any part of such enclosure as a part of their fencing, such owners shall pay the first builder one half the value of such adjoining wall and railings' estimating the said railing as plain, in case such last builder shall make use of plain railings ; and in the event of disputes or misunderstandings between the proprietors of adjacent lots, respecting the value of party walls or railings, the same shall be submitted to the award of two disinterested persons of trades con- nected with building, one to be chosen by each party ; and if those two cannot agree, the said two arbitrators shall choose an umpire, whose award therein shall be final and conclusive on all parties.
ART. III. The care and management of the said Come- tery shall be under the direction and control of five mana- gers, being lot holders, who shall, during their appoint- ment, have the exclusive superintendence thereof, with the power to appoint a treasurer and grave digger, to employ workmen, and to fix their compensation ; and to cause the ground, graves, fences, walks, and improvements to be kept in good order and condition, with full power also to assess on each of the small lots, and collect from the owners thereof, not more than fifty cents in any one year, to be applied to defray the necessary expenses of the estab- lishment, and generally to do all such other matters and things as may be reasonable and proper in the premises :
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Provided, that the managers shall not, in any event, have power .... to charge, or make liable, the said small lots or Cemetery, for any improvement whatever, beyond such annual assessment ; and provided also, that the said small lots or subdivisions, so long as they remain unsold, in the hands of James Ronaldson and his heirs, and not used by him or them as burial places, shall not be liable for more than one-fourth of the above mentioned assessment, any thing above contained to the contrary thereof notwithstanding.
ART. IV. The managers, in the first place, shall consist of the following named persons : viz. James Ronaldson, John Struthers, Abraham Miller, Britton Cooper, and William J. Duane, Esquires-who shall continue in office. intil. others are chosen. The election of managers may take place on the second Monday of May, in any or every year, at 10 o'clock, A. M. at the said Cemetery, ten days previous notice of the time and place of meeting, in three daily newspapers, published in the City of Philadelphia, being first given by any three of the lot holders ; at which a major part in number of the lot holders present, shall choose managers, who shall continue in office till others are chosen ; and in case of vacancies taking place in the man- agers, by death, resignation, or otherwise, such vacancies may be supplied by the remaining managers for the time being, till the then next election.
ART. V. The managers for the time being, immediately before proceeding to an election, shall submit to the lot holders then present a report of the state of the concerns of the said Cemetery, and a majority of the said lot holders shall then have full power to direct improvements thereof, and for that purpose may levy and assess on each small lot. not exceeding fifty cents, to be paid by the respective owners thereof to the managers. Yet nothing herein con- tained shall prevent more improvements, in case of volun- tary contributions for that purpose.
ART. VI. In case the owners of either or any of the small lots on which vaults shall be made, shall at any time fail to remove the earth dug in the construction thereof, or to keep the said vaults in repair, the same shall be done, or the vaults filled up, by the managers; and in case the owners of either or any of the small lots shall fail to pay the assessments that may be laid by the managers and lot
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holders as aforesaid, the same shall be a charge and lien on the lots in respect to which such default be made, with interest after demanded, and may be recovered from the owners thereof respectively for the time being, by suit or action before a justice of the peace or an alderman, as debts of that amount are recoverable by law ; and so long as the same shall remain unpaid, the owners of the small lots so defaulting shall not be permitted to use the same as burial places : And in case such default of payment be continued for twenty years, at any one time, the small lots, in respect to which such default be made, shall be considered as aban- doned, and may then be sold by the managers for the time being, to any person or persons, in fee simple, on the terms of and subject to these articles ; and the proceeds thereof shall be applied to the improvement of the said Cemetery.
ART. VII. There shall be kept under the direction of the managers, in some convenient place, a journal and other books, in which all interments shall be entered, stating the name of the deceased, the lot where buried, and every thing material to the history and progress of the establish- ment, that, at all future times, every thing connected with it may be known.
ART. VIII. Neither the Coroner nor any person of . colour shall, at any time, become the owner or proprietor of either or any of the said small lots; and in case this provision be violated, the lots so circumstanced shall be- come forfeit, and may be sold by the managers for the time being to others in fee subject to these articles; and the proceeds thereof shall be applied to the improvement of the said Cemetery and in keeping it in repair.
ART. IX. Provided, and it is hereby expressly declared, that if the said James Ronaldson, his heirs or assigns, or any other person or persons, shall, at any time hereafter, in order to enlarge the said Philadelphia Cemetery, cause the triangular piece of ground lying between the above de- scribed lot and Ninth street, to be conveyed to the above named trustees, and their heirs, or to the corporation here- inafter mentioned, and their successors, as the case may be, for the like purposes that are hereinbefore contained con- cerning the large lot above described and granted, and shall lay out and extend around and through the same triangular lot, walks and passages similar to and corres-
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ponding with those in the western moiety of the said Cem- etery ; that then, and in such case, the oblique walk, now bounded by the said triangular lot, shall become vacated, and may be sold by the said James Ronaldson, his heirs and assigns, as and for burial places, in the same way and manner as is hereinbefore provided concerning the small lots aforesaid-any thing hereinbefore contained to the con- trary thereof notwithstanding. Provided, always, neverthe- less, that in case the managers for the time being shall obtain at any time hereafter a charter of incorporation for the said Cemetery, embracing in substance the objects, provis- ions, true intent, and meaning of the above articles, that then, and in such case, the trustees for the time being shall
d will convey all their legal estate in the large lot of ground aforesaid, to such corporation, and their successors for ever; so nevertheless, as not to prejudice the right of the several lot holders : such conveyance to be made in such manner as counsel learned in the law may direct, any thing herein before contained to the contrary thereof not- withstanding.
And the said James Ronaldson, for himself, his heirs, executors, and administrators, doth hereby covenant, pro- mise, and agree to and with the above named Joseph Parker Norris, Roberts Vaux, Robert M. Patterson, and Joseph Watson, their heirs and assigns, that he, the said James Ronaldson, his heirs and assigns, the owners, tenants, and occupiers of the northerly and remaining part of the large lot, whereon the said yearly rents are charged, shall and will from time to time, and at all times for ever, well and truly pay the said yearly rents, and save, keep harmless, and indemnify the said Joseph Parker Norris, Roberts Vaux, Robert M. Patterson, and Joseph Watson, their heirs and assigns, and the premises above described, and every part thereof, of and from the said two yearly rent charges and every part thereof, and of and from all entries, distresses, reentries, actions, suits, judgments, executions, costs, expenses, damages, and demands, on account of the same. And further, that he, the said James Ronaldson, and his heirs, all and singular, the hereditaments and premises hereby granted and conveyed, or mentioned and intended so to be, with the appurtenances, unto the said Joseph Par- ker Norris, Roberts Vaux, Robert M. Patterson, and Joseph
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Watson, their heirs and assigns, in trust as aforesaid, against him, the said James Ronaldson, and his heirs, and against all and every person and persons whomsoever law- fully claiming or to claim by, from, or under him, them, or any of them, shall and will warrant, and for ever defend by these presents.
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And lastly, it is hereby expressly agreed and declared by and between the said parties hereto, that in default of the said trustees so doing, it shall and may be lawful for either or any of the future owners of the small lots aforesaid, at any time or times hereafter, till a charter of incorpora- tion be had as aforesaid, in the names and behalf of the trustees for the time being, and as their attornies in fact, irrevocably to do all such acts, matters, and things as may be necessary in the law to prevent, and recover damages, for trespasses on the said Cemetery ; and to prevent the occupation and use thereof, for any purposes, other than those contemplated by these presents. In witness whereof the said parties have interchangeably set their hands and seals hereunto. Dated the day and year first above written.
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