Charter, By-Laws And Regulations Of The Mount Moriah Cemetery Association
The Charter, By-Laws And Regulations Of The Mount Moriah Cemetery Association. March, 1855
Philadelphia: Wm. S. Young, Printer, 52 North Sixth Street
Officers
Managers
Hon. Wm. D. Kelley,
Robert P. King,
Dr. Wm. Calvert,
Francis Blackburne,
Edward Wiler,
Geo. C. Barber,
George H. Hart,
John M'Carthy,
Jeremiah L. Hutchinson.
President,
Robert P. King.
Treasurer,
William Harbeson.
Secretary,
George Connell
To The Public
Mount Moriah Cemetery, as originally laid out, contained fifty-four acres, situate three miles from the Market Street Bridge, (west of the Darby Plank Road,) embracing the highest ground in that vicinity, and extending to the beautiful stream of water which divides Philadelphia from Delaware County.
The remarkable natural advantages of the place, its elevation, picturesque scenery, and its unusual adaptation of soil for burial purposes, induced its selection as a spot of all others the most suitable for a Rural Cemetery.
The large number of persons who immediately purchased lots in Mount Moriah, attested the wisdom of the selection of the projectors.
Improvements of the most pertinent character have now been completed. A Lodge and Gateway of massive brown stone, in the Norman castellated style, unequaled by any building of the like purpose in this vicinity, a handsome Iron Railing on the Eastern front, with a substantial stone wall enclosing the grounds, and a large Receiving Vault, now render it complete in all desirable respects; and these advantages and improvements, combined with its entire safety from the future encroachment of the City streets and buildings, make it the most desirable BURIAL PLACE near Philadelphia.
The very great favor with which the Cemetery has been regarded by the public, and the unusual success which has crowned the enterprise, induced the Managers to add to the attractions of the place, by the purchase and addition of the beautiful and romantic grounds upon the opposite shores of Delaware County, thus making the extent of the Cemetery (in all over one hundred and fifty acres) far greater than that of any other in this vicinity.
They have accordingly purchased, under authority of an Act of the Legislature of this State, passed April 9th, 1857, one hundred acres more, containing every variety of scenery - open lawns, wooded knolls, and wild and picturesque spots of rare beauty, overhanging the stream, which gives so great a charm to the entire grounds.
Here, for ages to come, shall the remains of the Dead of our City rest in undisturbed quiet, while the hands of relatives and friends mark each individual spot where the loved one reposes, and perpetuate in enduring memorials the names and virtues of the lamented departed.
An Act To Incorporate The Mount Moriah Cemetery Association Of Philadelphia
WHEREAS, The practice of intra-mural interment, has been found injurious to the health of the living in populous cities, and the propriety of providing suitable places for depositing the bodies of the dead in convenient proximity to, but beyond the compactly built portion of the town, has been fully recognized both as a sanitary and religious obligation,
Therefore:
Section 1
Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Robert P. King, William D. Kelley, George H. Hart, William Harbeson, Doctor William Calvert, Francis Blackburne, James F. Johnston, John M'Carthy, Thomas Hope Palmer, Edward Wiler, George S. James, John J. Hoopes, Washington L. Bladen, Wardale G. M'Allister, J. Duncan George, Henry E. Wallace, William M'Connell, T. Tyson Butcher, George C. Barber, William H. Sickles, Joseph Manuel, junior, George Connell, William Bosbyshell, and they and their successors are hereby made and created a body politic and corporate in law, under the name, style, and title of "THE MOUNT MORIAH CEMETERY ASSOCIATION OF PHILADELPHIA," and by that name shall have perpetual succession, and be able and capable in law to have and use a common seal, to sue and be sued, implead and be impleaded in all courts of law and equity, and to do all such other things as are incident to a corporation.
Section 2
That the said corporators shall at least once in every year hereafter fill, by election by ballot, all vacancies which may occur among them, and may at the same time or at other times increase and add to their numbers from those who may be lot-holders in the cemetery, so that the said association shall never consist of less than twenty, nor exceed one hundred members, and they shall have full power to ordain, establish, and put in execution all such by-laws, rules, and regulations, not contrary to the constitution and the laws of the United States or of the Commonwealth of Pennsylvania, which may be necessary for the proper government of this corporation, its officers and affairs.
Section 3
That the said corporators shall at least once in every year elect from their number nine Managers, one of whom shall be designated as President, and a Secretary and Treasurer, who shall make a report of their proceedings and a statement of their finances at the annual meetings of the corporators, and as much oftener as a majority of said corporators may require.
Section 4
That the said corporators still have power to purchase from the owner thereof a certain tract of land situate in the Twenty-fourth Ward of said City of Philadelphia, formerly Kingsessing township, bounded on the north-west by Cobb's creek, on the south-west by land of W.C. Conrad, and Hamilton Farrel, on the north-east partly by ground of John F. Ohl, and partly by ground of William B. Johns, and on the south-east by an avenue laid out and intended to be opened parallel to the Darby Plank Road, at the distance of about eleven hundred feet north-westwardly therefrom, containing not more than sixty acres, and the same to lay out and ornament, and to divide and arrange into suitable plats and burial lots, and erect and build walls, vaults, and buildings, and to do all other things proper and necessary to be done to adapt the said ground for the purposes of a cemetery, and to sell and dispose of such lots in fee simple or otherwise, for the purpose of sepulture to individuals, societies, or congregations, without distinction or regard as to sect, under such conditions, rules, and regulations as the said corporators or managers may establish for the government of lot holders, visitors to the cemetery, and burial of the dead.
Section 5
That the said Managers shall have power to appoint all other officers, agents, and workmen which may needful, and fix their compensation or wages, and the same to discharge at pleasure. To take from the Treasurer security for the faithful performance of his trusts, and to discharge him from his office upon occasion therefor, and they, the said Managers, shall keep fair minutes of all their acts and doings.
Section 6
That the said Association shall be capable of holding personal property necessary for the purposes of this incorporation, and it shall be the duty of the Managers out of the proceeds of the sale of burial lots, and other sources, to create a fund to be invested in ground rents or mortgages, the income whereof shall be of adequate amount, and applied as may be necessary for the improvement and perpetual maintenance of the cemetery in proper order and security.
Section 7
That forasmuch as humanity and a decent regard for the dead, and respect to the feelings of survivors require that the graves of the deceased should never be violated, nor families separated in their last resting place, no public street, road, or passage shall ever be opened through the said cemetery, without the consent of the said corporation under their common seal, and an act of the legislature authorizing the same.
Section 8
That if any person shall open any tomb, vault, or grave, in the lands of the said Association, and clandestinely remove, or attempt to remove, any body or remains therefrom, such person upon conviction thereof shall be sentenced to undergo an imprisonment in the prison of the county of Philadelphia at hard labor, for a term not less than one nor more than four years, and pay a fine not less than five hundred dollars, at the discretion of the Court of Quarter Sessions for the county of Philadelphia; and any person who shall willfully destroy, mutilate, deface, injure, or remove any tomb, vault, grave stone, monument, fence, railing, or other structure, placed in said cemetery for protection or ornament, or shall willfully destroy, cut, break, or remove any tree, shrub, or plant, within said cemetery, or shall shoot or discharge any gun or other firearms within the cemetery, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, before any alderman of the city of Philadelphia, be punished by a fine at the discretion of the alderman, of not less than five dollars, nor more than fifty dollars, or shall on conviction thereof in the Quarter Sessions aforesaid, be punished by fine as aforesaid and by imprisonment, at the discretion of the Court, for a term of not less than six months, nor more than four years.
Section 9
That every lot in said cemetery shall be held by the proprietor for the purpose of sepulture alone, transferable with the consent of the Managers thereof, and shall not be liable to attachment or execution, and said burial lots when sold by the Company, shall hereafter be forever exempted from taxation: Provided, That the said exemption from taxation shall not exempt from State taxes, and that the said exemption from attachment and execution shall not extend to more than four lots held or owned by any one person in the same right.
Henry K. Strong,
Speaker of the House of Representatives.
Wm. M. Heister,
Speaker of the Senate.
Approved the twenty-seventh day of March, Anno Domini, one thousand eight hundred and fifty-five.
James Pollock.
A Supplement
To The Act Entitled "An Act To Incorporate The Mount Moriah Cemetery Association Of Philadelphia," Passed The Twenty-Seventh Day Of March, One Thousand Eight Hundred And Fifty-Five.
Section 1
Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the Mount Moriah Cemetery Association of Philadelphia be, and is hereby authorized to purchase lands adjoining the present Cemetery, not exceeding one hundred and fifty acres, to be held, used, occupied, sold and disposed of by the said Association, their successors and assigns, for the purposes and under the provisions of the present Charter of Incorporation of said Association.
J. Lawrence Getz,
Speaker of the House of Representatives.
David Taggert,
Speaker of the Senate.
Approved the ninth day of April, A.D. one thousand eight hundred and fifty-seven.
Jas. Pollock.
By-Laws And Regulations.
1. All the ground owned by this Association, suitable for burial purposes, shall be laid out as a Cemetery under the direction of the Board of Managers, and divided into suitable burial lots, and intersected by convenient carriage and footways, which shall not be changed or obstructed by the owners of the lots but with the consent of the Managers.
2. The owners of lots may ornament their lots with shrubbery and flowers, and enclose the same with posts and chains, or iron railing, not exceeding four feet in height, but no materials of a perishable character shall be used in enclosing lots, nor shall any such material be placed at a grave, in lieu of marble.
3. In every case in which the owner of a lot or lots, in enclosing the same, shall have the use of any portion of an adjoining enclosure, he shall pay therefor to the owner thereof, at the rate per foot of one-half of the cost per foot of the residue of his own enclosure, where such cost is less, and where it is greater, not exceeding the one-half of the actual cost of such partition fence so used by him; the privilege of adjoining to exist only in cases where the enclosure to be erected is of the same material with that which it is to adjoin.
4. The Managers reserve the right to remove or trim any trees which they may think obstruct or mar the general effect of the beauty of the scenery, or that may prove injurious or dangerous, and no removal of any tree will be allowed except by permission of the Managers.
5. All graves shall be dug at least six inches within the lines of the several lots, and under the supervision the Superintendent of the Cemetery. No monument, construction, or inscription, offensive to propriety, shall be placed on any lot, and if so construct or placed thereon, may be removed by the Managers.
6. All graves, post-holes, and excavations for vaults and foundations, shall be dug by workmen in the employment of the Association, for which the most reasonable charges will be made. No interment shall take place without a written permit from the Secretary.
7. No right or privilege of burial shall be derived by any compulsory sale or transfer to any purchaser.
8. No transfer or sale of lots made by auction will be allowed to take place in the cemetery. All transfers of lots must be registered in the office of the Association.
9. The Superintendent from time to time, will be charged by the Managers with directions in regard to the admission of visitors; and whenever so directed by them, he shall keep the gates of the cemetery closed on Sundays against all persons not producing tickets of admission, issued at the office of the Association.
10. The remains of no person who died of smallpox or other contagious disease, shall be permitted to be deposited in the Receiving Vault. No permit show be granted to a stranger for the use of the Vault, unless the sum of five dollars as the first installment on account of a lot, and also the cost of a grave, be first paid by the person so applying.
11. All lots sold payable in monthly installments, shall be paid for within one year from the time of purchase; and the name of any purchaser more than three months in arrears, shall be erased from the books, and the lot selected by him or her sold to any other person applying for it.
12. No permanent for a grave will be allowed for any lot upon which arrears of installments are over due; nor in any case where the owner has neglected to pay any indebtedness which he may owe the Association.
Rules To Be Observed By Visitors
All visitors are notified that it is made a penal offense, punishable by fine and imprisonment, to destroy, injure, deface, or mutilate any tomb, monument, grave-stone, or other structure within the Cemetery, or to destroy, cut, break, or remove any trees, shrubs, or plants, or to discharge any fire-arms within the limits of the same.
Fast riding or driving will not be permitted, and no refreshments are to be brought within the Cemetery grounds to be partaken of there.
The Superintendent is instructed to report any violation of these rules; and it is to be hoped that all visitors will feel the obligation to observe good order on the grounds.
Relative To The Allotment Of Lots To The Holders Of Certificates
In order to promote fairness in the selection and distribution of lots hereafter to be selected and located by holders of certificates of shares now issued, or which may hereafter being issued, at least twelve sections shall be kept open to the choice of such holders of certificates, but that no more than a proportion of lots shall be selected from any one of said sections by any holder of certificates; and that in all cases, where any disagreement shall arise in the selection of lots, that then the same shall be made by drawing or lot: Provided, in no case shall more than one-third of the number of lots selected or located under any certificate, be lots fronting on carriage avenues.
The officers of the Association shall designate the sections of ground which shall be open to the choice of holders of certificates, in locating their lots.
Rates And Charges Of The Mount Moriah Cemetery Association
Permit, $0.50
Digging, and sodding grave 7 feet for adult, $3.00
Digging, and sodding grave 8 feet for adult, $3.50
Digging, and sodding grave 9 feet for adult, $4.25
Digging, and sodding grave 10 feet for adult, $5.00
And for every additional foot in depth, $1.00
Additional charge for case, $0.50
Single grave in Section for General Interment, $5.00
For opening and use of Vault for ten days, $1.00
For use of Vault after ten days, for each week, $0.50