T! and for which such personal estate was theretofore held and Sec. 3. And be it enacted, That in case of any division, secession, or separation, now existing in the said unincorpo- Disposition of rated society of Friends in this state, on conscientious grounds, real estate. where both parties profess to adhere to the faith, system of discipline, constitution and government of the said society when in unity, that then and in such case, the real estate, of whatsoever kind (except burial grounds) of the said society, held, possessed or owned by the said society when in unity, or by any other person or persons, body politic or corporate, for or to its use, or in trust for them, shall be divided between the parties in such division, secession, or separation, equally and ratably, in proportion to the number of members of the said society, who have joined or attached themselves to either of the said parties, in such division, secession, or separation, in the same manner as if they were tenants in common, of the said real estate; and in case the said members of the said society cannot on such division, secession or separation, agree on the division or partition of the said real estate, so as aforesaid held, possessed, or owned by them when in unity, that then and in such case, it shall and may be lawful for any member or members of either party, for and in behalf of himself and themselves, and their associates, in such division, secession, or separation; to exhibit his or their bill in the court of chancery, against any member or members of the other party, in such division, secession, or separation, and their associates, for a division or partition of such real estate, so held, possessed or owned by the said society when in unity, in the same manner as if the members of the said society were tenants in common of the said real estate; or in case that the said real estate is so circumstanced, that division or partition thereof cannot be made, without great prejudice, to the owners, for a sale thereof or a decree, that the same may be held and owned by the one party, on their paying to the other, their proportion of the value thereof, to be ascertained according to the course and practice of the said court, as to the said court shall appear equitable and just; and there upon, the same proceedings may be had and relief given and decree made, as in justice and equity, and according to the course and practice of the court of chancery ought to be Burial grounds to be held in common. associated as need not be named. made, always having regard to the relative number of members belonging to said parties in such division, and the continuance and preservation of the same trusts, uses, and purposes upon, or for which such real estate was theretofore held, possessed or owned; and the members of the party in such division, secession, or separation, to whom the said real estate, or any part thereof, or the proceeds of the sale thereof, shall be decreed, shall hold, possess and enjoy the same, upon the same trusts and the same uses and purposes, so far as regards the members of the said society, connected with them in such division, secession, or separation, as the same was held, possessed, or owned by the said society when in unity. Sec. 4. And be it enacted, That the burial ground or grounds of the said society when in unity, shall forever re. main free and common for the burial of the members of either party, and their descendants, the same as if no such division, secession, or separation had been made. Sec. 5. And be it enacted, That the said complainant or complainants in any such bill of complaint, shall make his or All the persons their affirmation, to be annexed to the said bill of complaint, complainants that the division, secession, or separation stated in the said or defendants bill, so far as respects the said complainant or complainants, was made on conscientious grounds, and not for the purpose of appropriating the real or personal estate of the said society of Friends to any other trusts, uses or purposes than those originally intended in its creation, or to destroy the faith, constitution, system of discipline, and government of such association, but in truth and good faith, for the causes set forth in such bill of complaint, and that it shall not be necessary to name all the parties associated with the complainants or defendants in the said bill, but that it shall be sufficient to designate them as the associates of the said respective parties, and that a copy of the subpoena issued in the said cause shall be served upon the clerk of the said society or meeting with whom the defendant or defendants in said cause may be connected or acting, together with a copy of the said bill, at least ten days before the returning thereof, or left at his residence; and that any of the members of the said society may appear and defend the said suit; and if in the course of the said proceedings, it should become expedient to ascertain the number of members of the said society, connected with the said parties respectively, any member thereof shall be under ed in case of the age of twenty-one years, such infant shall be counted with the party to which his or her father belongs, if he is living, and if not, to that which his or her mother, if living, belongs, and if she also be dead, with the party to which his or her guardian belongs. How infants are to be count. division. Passed, February 11, 1836. AN ACT to incorporate the Lumberville Delaware Bridge WHEREAS it hath been represented to this legislature, that the Sec. 1. BE IT ENACTED by the Council and General Assemly of this State, and it is hereby enacted by the authority of the same, That the capital stock of the Lumberville Delaware Bridge Company, for the purpose of erecting a bridge over the Delaware river at Lumberville, in the state of Penn- Amount of casylvania, with suitable toll houses, shall amount to twenty thou- pital stock. sand dollars, and that the same shall be divided into shares of fifty dollars each, and the subscribers to the said capital stock shall pay the sum or sums of money, for the share or shares by them respectively subscribed, at such periods, and in such proportions as by this act is hereinafter provided. Sec. 2. And be it enacted, That John Runk, Thomas Loquere, John Burket, James Snyder, Francis Tomlinson, John CommissionAller, William Bonham, Thomas Cherry, James Scott, Rich ers to receive ard Opdycke, Jacob Kuglar, Samuel Woolverton, Peter H. subscriptions. Dilts, George Johnson, Daniel B. Rittenhouse, and Wilson Bray, be, and they are hereby appointed commissioners, on the part of this state, who, with the commissioner already appointed by the legislature of Pennsylvania, shall be authorized to receive subscriptions to the said capital stock, at such times and places as they, or a majority of them, may direct, giving notice thereof in two of the newspapers printed in the county of Hunterdon, in this state, and also in two newspapers, printed in the county of Bucks, in the state of Pennsylvania, for at least twenty days, of the times and places, when and where the said subscriptions shall be received, and at the time of subscription for the said stock, five dollars shall be paid upon each share subscribed for, to the commissioners, or some of them, and shall be by them paid over to the treasurer of said company, when he shall be appointed, and that the residue of such subscriptions shall be paid in such instalments, and at such times and places, and to such person or persons as the president and directors of the company shall, from time to time, direct and give public notice of and upon failure of payment thereof, as so directed, for thirty days thereafter, the said president and directors shall have Stock forfeited power to forfeit the shares of each and every person failing to pay on failure to the said instalments, or any of them, to and for the use of said pay instal. ments. Proviso. Style of incorporation. Powers and privileges. Time and manner of cers. " company, provided. that if the number of shares subscribed, shall exceed the amount or number of shares authorized by this act to be subscribed, that then the said commissioners shall apportion the said stock among such stockholders, in proportion to the amount or number of shares by them subscribed, as aforesaid. Sec. 3. And be it enacted, That whenever three hundred shares of the said stock shall be subscribed for, the persous holding the same shall be, and they are hereby declared to be a body politic and corporate in law, by the name of "The Lumberville Delaware Bridge Company," and by that name shall have perpetual succession, and all the privileges and franchises of a corporation, and shall be capable of taking and holding their said capital stock, and the increase and profits thereof, aud of enlarging the same from time to time, by new subscriptions, in such manner and form as they shall think proper, if such enlargement should be found necessary to fulfil the intent of this act, and of purchasing, taking and holding to them and their successors and assigns, in fee simple, or for any less estate, all such lands, tenements, hereditaments and estates, real and personal, as may be necessary and convenient to them, in the prosecution of their works, and the same to sell and dispose of, at their pleasure, and of suing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do. " Sec. 4. And be it enacted, That as soon as the said three hundred shares of stock shall have been subscribed, as aforeelecting offi- said, it shall be the duty of the said commissioners to give public notice in the newspapers mentioned in the second section of this bill, of a time and place by them to be appointed, not less than thirty days from the time of issuing the said notice; at which time and place the said stockholders shall proceed to organize the said company, and shall choose, by ballot, by a majority of votes, to be delivered in person or by proxy, one president, six directors, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company for one year, and until others shall be appointed; and such president and directors may make and adopt such by-laws and regulations, not inconsistent with the laws and constitution of this state or the United States, as to them shall seem necessary for the proper management of the concerns of said company; Provided, that no person shall have more than twenty votes at an election, or in determining any question arising at such meetings; and that each person shall be entitled to one vote for every share by him held not exceeding ten. Sec. 5. And be it enacted, That the said stockholders, their successors and assigns, shall meet on the first Monday in Amual meet. ing of stockNovember, in every succeeding year, at such time and place as holders. the by-laws of the said company shall direct, and elect their officers for the ensuing year. Sec. 6. And be it enacted, That the president and directors of said company first chosen, as aforesaid, shall issue to each Stock to he stockholder, a certificate of stock for the number of shares by issued and him or her held in such company; which certificate shall be transferable. signed by the president, and countersigned by the treasurer; and shall be transferable at the pleasure of such stockholder, in person or by legal attorney; subject, however, to all the payinents due or to become due thereon to said company; and the assignee holding such stock by such transfer, after having first caused the assignment and transfer to be entered in a book of the company for that purpose to be kept, shall, for every share of stock by him or her held, be entitled to his or her equal proportion of the said capital stock, and of all the estates, real, personal, and emoluments of the said company, and to vote as herein before directed, at the meetings thereof. rum. Sec. 7. And be it enacted, That the said president and directors shall meet at such times and places, and be convened in Five directors such manner as shall be agreed upon; and at such meetings, five to be a quomembers shall be a quorum, who, in the absence of the president, may choose a chairman, and shall keep minutes of all their proceedings fairly entered in a book; and a quorum being met, they shall have full power and authority to agree with, and appoint such engineers, superintendents, artists, and other offi cers, as they shall think necessary to carry on the said bridge Duties of diand complete the same; and to fix their salaries and wages, to lectors. draw orders on the treasurer for all money that may be required, the same to be signed by the president and countersigned by the clerk or treasurer of the board; and to do and transact all matters or things which the by-laws of said company authorize and require. Location of bridge. Sec. 8. And be it enacted, That the said president and directors shall and may fix upon and determine the place at which the said bridge shall be located at the village of Lumberville, on the river Delaware; after which, the said president Proceedings and directors shall and may agree with any owners of the when compa. lands necessary for the erection of said bridge, for the pur- ny and ownchase of so much thereof as shall be necessary for erecting cannot agree. such bridge and perfecting the same; if they cannot agree with the said owner or owners of such lands, then it shall be lawful for the said company to apply to one of the justices of the Supreme Court of this state, not being a stockholder or inter L ers of land |