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 2
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JAMES RONALDSON.
Sealed and delivered in the presence of us,
T. MITCHELL, PEARSON SERRILL, WM. DUANE.
THE second day of April, Anno Domini 1827, before me, William Duane, one of the Aldermen of the City of Philadelphia, came the above named James Ronaldson, and acknowledged the above written Inden- ture to be his act and deed, and desired the same might be recorded as such. Witness my hand and seal, the day and year aforesaid.
WM. DUANE, Alderman.
, THE within Deed and annexed Draft or Plan, recorded in the Office for recording Deeds, &c. for the City and County of Philadelphia, in the Deed Book G. W. R., No. 14, page 738, &c.
Witness my hand and Seal of Office, April 4th, A. D. 1827. GEORGE W. RITER,
Recorder.
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PHILADELPHIA CEMETERY.
COPY OF
Deed of Crust
1 FOR THE TRIANGULAR PIECE OF LAND ADDED TO IT, BY WHICH IT IS RENDERED SQUARE.
SEPTEMBER 7, 1831.
THIS INDENTURE, made the seventh day of Sep- tember, in the year of our Lord one thousand eight hun- dred and thirty-one, between James Ronaldson of Moya- mensing Township, in the County of Philadelphia, cotton spinner and letter founder, of the one part, and Joseph Parker Norris, Roberts Vaux, Joseph Watson, Esquires, all of Philadelphia, and Robert M. Patterson, now of Vir- ginia College, of the other part : Whereas, the said James Ronaldson, by indenture or deed of trust, dated the sec- ond day of April in the year of our Lord one thousand eight hundred and twenty-seven, recorded in the Office for Recording of Deeds for the City and County of Philadel- phia, in Deed Book G. W. R., No. 14, page 738, did grant and convey unto the said Joseph Parker Norris, Ro- berts Vaux, Joseph Watson, and Robert M. Patterson, their heirs and assigns, a piece of ground situate on the south side of Shippen street, and north side of Fitzwater (or Fitzwalter) street, west of Ninth street, and east of 'Tenth street, the boundaries being more particularly sta- ted in the same Indenture : and by the said Deed of Trust the said James Ronaldson hath set apart the lot or piece of ground so conveyed, for the purpose of making of the same a Cemetery or Burial Place, under the name or designa- tion of the 'Philadelphia Cemetery,' and the said Deed of Trust establishes the manner in which the same shall be
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managed ; the rights and obligations of each and every proprietor, &.c .; and which deed contains the following ar- ticle, to wit,
" ARTICLE IX .- Provided, and it is hereby expressly declared, that if the said James Ronaldson, his heirs or as- signs, or any other person or persons, shall at any time hereafter, in order to enlarge the said Philadelphia Ceme- tery, cause the triangular piece of ground lying between the above described lot and Ninth street to be conveyed to the above mentioned trustees and their heirs, or to the corporation hereinafter mentioned and their successors, as the case may be, for the like purposes that are hereinbe- fore contained concerning the large lot above described and granted, and shall lay out and extend around and through the same triangular lot, walks and passages simi- lar to and corresponding with those in the western moiety of the said Cemetery ; that then and in such case the ob- lique walk, now bounded by the said triangular lot, shall become vacated, and may be sold by the said James Ron- aldson, his heirs and assigns, as and for burial places, in the same way and manner as is hereinbefore provided con- cerning the small lots aforesaid, any thing hereinbefore contained to the contrary notwithstanding"-as in and by :he said recited Indenture will fully appear.
Now this Indenture witnesseth, that agreeably to the provision above recited, and in consideration of the pre- nises, and of the sum of one dollar lawful money to him in land paid by the said Joseph Parker Norris, Roberts Taux, Joseph Watson, and Robert M. Patterson, at the time of the execution hereof, the receipt whereof is here- by acknowledged, he, the said James Ronaldson hath granted, bargained, sold, released, and confirmed, and by these presents doth grant, bargain, sell, release and confirm unto the said Joseph Parker Norris, Roberts Vaux, Joseph Watson, and Robert M. Patterson, their heirs and assigns, all that, the aforesaid triangular lot or piece of ground sit- uate on the west side of Delaware Ninth street. continued in the township of Moyamensing and County of Philadel- · phia aforesaid, beginning on said Ninth street at about fif- ty-nine feet four inches south from Shippen street; then by the land that now forms the Philadelphia Cemetery, south thirty one degrees west, fifteen perches and nine-
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tenths of a perch (two hundred and sixty-two feet four inches) to Fitzwater or Fitzwalter street ; thence eastward on the north line of said Fitzwater street eighty-six feet to Ninth street, and then by Ninth street aforesaid northerly two hundred and forty-eight feet seven inches to the place of beginning-(being the same premises which James R. Greeves and Sally Ann Greeves, his wife, by Indenture da- ted the seventh day of March, A. D. one thousand eight hundred and twenty-seven, recorded at Philadelphia in the Office for recording of Deeds, in Deed Book G. W. R., No. 15, page 128, g-c. did grant and convey unto the said James Ronaldson in fee, as in and by the said recorded In- denture will more fully appear,) together with all and sin- gular the improvements, fences, railings, ways, walks, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders thereof, to have and to hold the said described lot or piece of ground, hereditaments, and premises, hereby granted, with the appurtenances, unto the said Joseph Parker Nor- ris, Roberts Vaux, Joseph Watson, and Robert M. Patter- son, their heirs and assigns, to and for the only proper use and behcof of the said Joseph Parker Norris, Roberts Vaux, Joseph Watson, and Robert M. Patterson, their heirs and assigns, forever, in trust, nevertheless, to permt and suffer the said James Ronaldson, his heirs and assigns, to use and occupy and dispose of the several small lets or subdivisions thereof, as designated in a map or draft an- nexed to this Indenture (and brings in the said trianguhr piece of ground above described so as to unite the sane with the original plan of the Philadelphia Cemetery as laid down in the first above recited Indenture), only as bu- rial places, for the interment of deceased human beings, other than persons of colour, g.c. as set forth in the same In- denture, and agreeably to the provision therein contained : The purpose and intention of this present instrument being to annex or join the triangular lot or piece of ground above described to and into the . Philadelphia Cemetery,' agree- ably to the provision contained in the ninth article of the # Indenture or Deed of Trust first above recited ; and said triangular lot or piece of ground being joined or annexed to said Cemetery, the same shall be subject to the same re-
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gulations, obligations and management which pertain to said Cemetery, as set forth in the said first above recited Indenture-the owners of lots in said triangular piece of ground enjoying the same rights and privileges, and being subject to the same duties as are enjoyed or belong to the owners of lots in said Cemetery in every respect : Provi- ded, always nevertheless, that where the owners of lots in said triangular piece of ground build vaults, they may extend the walls thereof six inches into the adjacent lots, provided they build these walls at least one foot thick, (save and except, and due respect being had where interments have previously been made on the adjacent lots, so as not to cut or interfere with coffins where interred only four and an half inches from the line); but if the walls be of a thick- ness less than one foot, then all the conditions set forth in the first above recited Indenture must be observed : and, in all cases, the walls, when they arrive within three feet of the surface of the ground, must project into the adjacent lots only four and one half inches, and continue the same till they arrive at their limited height.
And this Indenture further witnesseth, and the said parties hereunto do mutually agree and declare to and with each other, their respective heirs and assigns, that all the conditions, articles, rules, and regulations contained and set forth in the aforementioned Deed of Trust of April 2d, A. D. 1827, shall extend to and be obligatory upon all persons concerned or interested in the triangular lot or piece of ground which is hereby annexed to or made part of the 'Philadelphia Cemetery,' in the same manner as if they had been herein inserted; excepting only the privilege and con- dition pertaining to those who build vaults as above expressed.
In witness whereof the said parties have interchangea- bly set their hands and seals hereunto. Dated the day and year first above written.
JAMES RONALDSON.
Sealed and delivered in the presence of us, SAMUEL W. PAUL, T. M. MITCHELL, WILLIAM DUANE.
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:
The seventh day of September, A. D. 1831, before me, one of the Aldermen of the City of Philadelphia, came the above named James Ronaldson, and acknowledged the above written Indenture to be his act and deed, and de- sired the same may be recorded as such. Witness my hand and seal, the day and year aforesaid.
WM. DUANE, Alderman.
Recorded in the Office for Recording Deeds, &.c. for the City and County of Philadelphia, in Deed Book A. M., No. 19, page 220, g.c.
Witness my hand and seal of office this 27th day of Sep- tember, A. D. 1831.
A. M'CARAHER, Recorder.
مصير
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Act of Incorporation.
An Act to incorporate the Philadelphia Cemetery in the Township of Moyamensing.
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Whereas, James Ronaldson, of the township of Moya- mensing, in the County of Philadelphia, being seised in his demesne as of fee of and in a large lot or piece of ground, situate on the south side of Shippen street, and on the north side of Fitzwater street, between Ninth and Tenth streets, continued, in the township of Moyamensing, in the county of Philadelphia aforesaid, now called the " Philadel- phia Cemetery," beginning at the south-west corner of Ship- pen and Ninth streets aforesaid; 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 Harvey, 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 said Ninth street fifty-eight feet five inches to the place of be- ginning; which said lot of ground has been enclosed with a wall, iron railing and other fencing, and otherwise im- proved and ornamented, and laid out'and subdivided into walks, and small lots, extending each ten feet north and south, and eight feet east and west, and which lot with its improvements the said James Ronaldson has set apart for the purpose of establishing a decent and respectable ceme- tery or burial place, and in order to secure its application
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at all future times to that purpose only, the said James Ron- aldson, by indenture under his hand and seal duly execu- ted, bearing date the second day of April, one thousand eight hundred and twenty-seven, granted and conveyed unto Joseph Parker Norris, Roberts Vaux, Robert M. Pat- terson and Joseph Watson, Esquires, all of the City of Philadelphia, the lot of ground above mentioned and de- scribed, in trust nevertheless to permit the said James Ron- aldson, his heirs and assigns, to use and occupy the said several small lots or subdivisions only as burial places, for the interment of deceased human beings, other than people of colour, with the use and privilege of the several walks and passages thereto, and also to permit the said James Ronaldson, his heirs and assigns, to erect and build on both sides of the gate or carriage way on Shippen street, suita- ble houses for the keeper, and other accommodations suit- able for the establishment, and to and for no other use, intent or purpose whatever, which said indenture is re- corded in the office for recording of deeds, &c. in and for the city and county of Philadelphia, in Deed Book G. W. R. number fourteen, page seven hundred and twenty-eigh+ §.c. And whereas, the said James Ronaldson afterwards, by indenture under his hand and seal, duly executed, da- ted the seventh day of September, one thousand eight hun- dred and thirty-one, and recorded in the office for record- ing of deeds, &.c., aforesaid, in Deed Book A. M., number nineteen, page two hundred and twenty, &c. granted and conveyed unto the said Joseph Parker Norris, Roberts Vaux, Joseph Watson and Robert M. Patterson, their heirs and assigns, all that certain triangular lot or piece of ground, situate on the west side of Ninth street at about fifty-nine feet four inches south from Shippen street; thence south thirty-one degrees west, fifteen perches and nine tenths of a perch (two hundred and sixty-two feet four inches,) to Fitzwater street; thence eastward on the north line of Fitzwater street eighty-six feet, to Ninth street, and thence by Ninth street, northerly two hundred and forty- eight feet seven inches, to the place of beginning, in trust nevertheless for the same purposes as are set forth herein- before : And whereas, the said James Ronaldson and his associates, the managers of said Cemetery, are desirous of having the same incorporated for the several purposes in
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the indenture aforesaid mentioned and particularly set forth : Therefore,
SECT. 1. Be it enacted by the Senate and House of Rep- resentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the au- thority of the same, That the managers, owners and pro- prietors of the lots or subdivisions of the ground described in the preamble to this act, are hereby constituted a cor- poration and body politic, by the name and style of "The Philadelphia Cemetery Company," and by the same name shall have perpetual succession, and they and their suc- cessors by such name shall at all times for ever be able to purchase, receive, possess and enjoy lots of land and tene- ments, hereditaments. liberties, franchises and jurisdictions, goods, chattels and effects, to them and their successors for ever, or for any other or less estate, and by the same name shall be liable and capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts of record and elsewhere, in all manner of suits, actions, complaints, pleas, causes, mat- ters and things that to them as a body politic and corpo- rate, in law and in fact, shall and may appertain, and shall have and use one common seal, and the same may alter and make anew at their pleasure; and the powers of the said corporation shall be vested in and conducted by a board of managers, to be elected as hereinafter directed: Provided, That the said corporation shall at no time hold any real es- tate other than the lands described in the preamble to this act, and the two houses intended to be erected thereon : And provided further, That within one year from the passing of this act the said Joseph Parker Norris, Roberts Vaux, Robert M. Patterson, and Joseph Watson, trustees as aforesaid, shall in pursuance of the proviso contained in the indenture first recited in the preamble to this act, in the ninth article in the said indenture, execute and convey unto the managers of the Philadelphia Cemetery and their successors for ever all their legal estate and interest what- ever in the same premises.
SECT. 2. And be it further enacted by the authority aforesaid, That on the first Monday of May next, and on the first Monday in May annually thereafter, an election 4
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shall be held at the said Cemetery, of which ten days pre> vious notice shall be given in one or more daily newspapers published in the city or county of Philadelphia, by the managers for the time being or any five of the lot holders, at which said election there shall be elected by ballot, by the owners or proprietors aforesaid, five managers, who at the time of their election shall be lot holders in' the said cemetery, who shall continue in office for one year, and un- til others are regularly chosen, and in case of any vacancy taking place in the said board of managers by death, resig- nation or otherwise, the same shall be supplied by an elec- tion by the remaining managers : Provided, That no owner shall at any such election give more than one vote, although the owner of more than one lot; and in case one lot be held by more than one owner, there shall be but one vote for such lot, which shall be given by the owner oldest, in re- spect to personal age.
SECT. 3. And be it further enacted by the authority aforesaid, That the managers shall have the exclusive su- perintendence of the said cemetery, and the property and appurtenances thereunto belonging, with power to appoint a treasurer and other officers, and employ workmen and fix their salaries and compensation respectively, and cause the ground, graves, fences, walks and improvements to be kept in good order and condition, and shall have full power to assess on each of the small lots, and collect from the own- ers thereof any sum not exceeding fifty cents in any one year, to be applied to defray the necessary expenses of the establishment, and generally to do all such other matters and things as may to them seem reasonable and proper in the premises : Provided, That the same be not inconsistent with any thing herein contained, or contrary to the laws of the Commonwealth of Pennsylvania.
SECT. 4. And be it further enacted by the authority aforesaid, That the managers for the time being shall an- nually on the first Monday of May submit to a meeting of the lot holders, by them called for the purpose, a full re- port or statement of the concerns of the company; and a majority of lot holders present shall have full power to direct the improvements, and assess and levy on each lot any sum not exceeding fifty cents, which shall be paid to the mana-
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gers for the purpose of defraying the expenses of such im- provements ; and the managers shall cause to be kept, under their direction, in some convenient place, a register or journal of interments, and such other books as they may deem proper for such records as may be material to the history of the cemetery, and in which books all interments shall be entered, stating the name of the deceased, the lot where buried, and such other matter relative thereto as may be deemed expedient to record, which said books may be examined at all reasonable times by any lot holder.
SECT. 5. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the owners of lots who may wish to build vaults, to extend the walls of the vaults six inches into the adjoining lots, any thing con- tained in the first article of indenture first referred to in the preamble to this act, and dated seventh day of April, one thousand eight hundred and twenty-seven, to the con- trary notwithstanding: Provided, That the walls of the said vaults shall be not less than thirteen inches in thick- ness, and the vaults shall be built under the direction of the managers, who shall protect the interests of the owners of the adjoining lots.
SECT. 6. And be it further enacted by the authority aforesaid, That all the regulations and conditions contained in the two indentures recited, and referred to in the pre- amble to this act, which are not expressly altered or su- perceded by this act, shall be, and the same are hereby continued and constituted part of this charter of incorpora- tion, the objects of which are to secure to the lot holders the protection of their property in the cemetery, and the good management of the same, and its proper application to the purposes intended by the founder, and the purcha- sers of lots therein.
SECT. 7. And be it further enacted by the authority · aforesaid, That James Ronaldson, James Peale, John Dar- rah, John Struthers, and Frederick Augustus Raybold, the present managers, elected in pursuance of the provis- ions of the indentures above recited, be, and they are Irere- by created managers under this act, and shall continue in
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office until others are elected, agreeably to the provisions of the second section of this act.
SECT. 8. And be it further enacted by the authority aforesaid, That upon the payment by the managers of the said cemetery of the sum of one hundred dollars to the commissioners of the county of Philadelphia, and the sum- of two hundred dollars to the commissioners of the town- ship of Moyamensing aforesaid, then and from thenceforth the corporation created by this act, and the improvements now made on the premises aforesaid, and the improvements hereafter made by the said corporation thereupon, shall be free from all county and township taxes and assessments for ever: Provided, That the commissioners of the county of Philadelphia, and the commissioners of the township of Moyamensing aforesaid, shall and do accept the said sums of money respectively in lieu of, and in full consideration of the taxes and assessments aforesaid: And provided fur- ther, That there shall be no other buildings erected (sepul- chral monuments excepted) upon the premises aforesaid, than are specified and provided for by the indentures re- ferred to in the preamble to this act; and the buildings erected in pursuance of said indentures shall be used for no other purposes whatever than those expressed in the said indentures referred to as aforesaid, and made part of this · act of incorporation.
SAM'L ANDERSON, Speaker of the House of Representatives. THOS. RINGLAND, Speaker of the Senate. APPROVED-The eighth day of April, Anno Domini eighteen hundred and thirty-three. GEO. WOLF.
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By-Laws.
STATED MEETINGS.
The stated meetings of the Board of Managers shall be on the 10th of each month, at 3 o'clock P. M. If this day should be Sunday, the next day shall be the day of meeting.
SPECIAL MEETINGS.
Special meetings may be called either by the President or any two members of the Board.
QUORUM FOR BUSINESS.
Three members shall constitute a quorum for business.
There shall be a committee of three on the state of the grounds and buildings, who shall have control of the same, particularly as respects the preservation of the trees, no trimming or cutting down of which shall be done but by their orders. In case of any difficulty respecting the building of vaults or erection of monuments by the lot- owners, their authority shall be complete until the decis- ion of the Board shall take place. The President to be chairman of this committee.
DUTIES OF PRESIDENT.
The President to have charge, until otherwise ordered by the Board, of the various deeds, briefs of title and all other papers relating to the title of the company's pro- perty, which are now kept in a tin box with padlock fast- enings with the name of the company painted. thereon.
.FEL
DUTIES OF SECRETARY.
The Secretary to have charge of the books of the com- pany and carefully post up from the original record books, kept by the Keeper, to the account of each lot whatever interments have been made therein, or removals taken place therefrom; so that each lot account shall show from the commencement of the company, the name of every per-
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son buried therein. together with the age and the disease of which they died.
He shall keep fair and correct minutes of the proceed- ings of the Board.
He shall publish in the public prints the notice for the annual meetings of the lot-owners as directed by the Charter.
DUTIES OF TREASURER.
The Treasurer shall keep a regular and correct cash book, showing in one column the total receipts, and in the other the total payments for each month, balancing it the day previous to each stated meeting of the Board, so as to show the exact amount of money in his hands.
He shall present this book, and also his receipt book and vouchers to the Board at each stated meeting, that the same may be examined and passed by the Board.
He only shall be the disbursing officer.
No payments of money by him shall be made but on or- ders or bills approved by the Board and signed by the President and Secretary.
DUTIES OF KEEPER.
The Keeper shall keep a record book of the name of ev- *ry person interred in each lot, and also of removals there- from.
He shall keep books showing the amount of all monies received for the use of the company. One acccount to be kept exclusively for assessments on the lots, stating the name and amount received from each lot owner, and another account showing all other receipts of money.
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