June 20, 1892
Indenture for Lot 21
This Indenture -
Made the 20th day of June Anno Domini One Thousand Eight Hundred Ninety-two;
BETWEEN
AJ Barton, Guardian of James, Charles G, Clara E and Mattie B Henderson, minor children of Oliver P Henderson, deceased, party of the first part;
AND
Gottlieb Dickie of O'Hara Township, Allegheny County party of the second part;
WITNESSETH: that the Orphans' Court of Allegheny county, Pennsylvania, a No. ___ May Term 1892 upon the application of said Guardian, did, on the 20th of May, AD 1892, make a general order of sale of Real Estate; authorizing said Guardian to sell the interests of said minors at private sale, subject to the approval of said Court, and
WHEREAS: said Guardian [Barton] did make such sale to the party of the second part, which sale upon report thereof to the Court, was on the 20th day of May, 1892, approved by said Court and the Guardian [Barton] authorized and directed to make a DEED therefore, now the said party of the first part [Barton], for and in consideration of the sum of Twenty ($20.00) Dollars lawful money of the United States unto him well and truly paid by the said party of the second [Dickey] part, at or before the sealing and delivering of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm, for the purpose hereinafter set forth, unto the said party of the second [Dickey] part, his heirs and assigns, forever, all the interest of said minors, being the undivided Five Sevenths, in that certain lot of ground being number Twenty-one (21) sixteen by sixteen feet in a plan of lots laid out by Oliver P Henderson, which said plan is recorded in Plan book Vol. VII, Page 114 in the Recorder's office of Allegheny county.
The said party of the second part, his heirs and assigns, ________. To have and hold the said described lot of ground, with, appurtenances (Subject, however, to any and all the provisions and conditions of the hereinafter recited rules and regulations of the Harmarville Cemetery) unto the said party of the second [Dickey] part, his heirs and assigns, to and for the only proper and behoof of the said party of the second [Dickey] part, to heirs and assigns, forever, and AJ Barton, Guardian as aforesaid, said party of the first part, by these presents, covenants, grants and agrees, to and with the said party of the second part, his heirs and assigns, that the said party of the first part, all and singular, the hereditaments and premises herein above described and granted or mentioned and intended so to be, with the appurtenances, unto the said party of the second part, his heirs and assigns, against them the said minors aforesaid and their heirs and against all and every other person or persons whomsoever lawfully claiming or to claim the same or any part thereof from, through, by or under him, as Guardian [Barton] aforesaid, shall and will warrant and forever defend. It is expressly understood and agreed that this DEED be taken and held by the said party of the second [Dickey] part or his heirs, subject to any and all the following rules and regulations adopted by Oliver P Henderson, in his lifetime, for the protection of lot holders and government of burial grounds.
1st - Purchasers of lots are required to pay one-half the price thereof in cash when making application for their lots before any instruments are made therein and the balance within six months, without interest, and it is expressly provided and understood that no interest shall pass or DEED be given the purchaser until the purchase money be paid.
2nd - The proprietors of lots shall erect at their own expense, suitable landmarks at the corners thereof and shall also cause the number to be legibly and permanently marked on the premises; and if the proprietor of any lot or lots shall neglect or refuse to erect such landmarks for three months after being notified so to do, the said parties of the first part or their heirs or assigns shall have authority to have the same done at the expense of said proprietor.
3rd - If any trees or shrubs in any lot be permitted to grow over six feet in height or shall by means of their roots or branches or otherwise become detrimental to adjacent lots or avenues or dangerous or inconvenient to passers, the said parties of the first part or their heirs or assigns shall have the right to enter upon said lot and remove said trees or shrubs or any part thereof that is over six feet in height, detrimental, dangerous or inconvenient.
4th - No lot shall be used for any other purpose than as a place for the burial of the dead and all graves upon said lot shall be excavated so as to line at the head.
5th - The proprietors of lots shall have the right to enclose the same with a wall, fence or hedge which shall be placed on the line of said lot, provided no wall or curb be more than eighteen inches high and no fence or hedge or enclosure of any kind be, in the aggregate, over three and one-half feet high.
6th - Proprietors of lots shall be required to keep their lots in good order, grass cut close and the premises free from briars and weeds and from any and all vining and running plants or shrubs; and if the said proprietor neglect or refuse to comply with this regulation after twenty days notice, then the said parties of the first part may cause the same to be done at the cost and expense of said proprietor.
7th - Lots shall be secured to the purchaser forever and his heirs and assigns. But owners cannot sell, transfer or convey their lots without first having said transfer recorded on the books of the said parties of the first part or their heirs or assigns.
IN WITNESS WHEREOF the said Guardian [Barton] has to these presents set his hand and seal. Dated the day and year aforesaid.
AJ Barton, Guardian
Signed sealed and delivered in the presence of
Fred Lingelbach
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
S.S.
Be it remembered that on the 20th day of June A D 1892, at an Orphans' Court, held at the Court House in the City of Pittsburg, County of Allegheny, and State of Pennsylvania, Hon. Wm G Hawkins, Jr, P. Judge of said Court being present; came AJ Barton, Guardian of James, Charles G, Clara E and Mattie B Henderson, minors, and acknowledged the foregoing INDENTURE to be his act and deed as such Guardian and desired the same to be recorded as such.
IN TESTIMONY WHEREOF I have hereunto set my hand and caused the seal of said Court to be attached this 20th day of June A D 1892.
Samuel R Comen, Clk.
Received the day of the date of the above INDENTURE of the above named Gottlieb Dickie the sum of Twenty Dollars lawful money of the United States; being the consideration money above mentioned in full.
WITNESS: AJ Barton
Fred LingelbachMay 31, 1909
By-Laws of The Harmarville Cemetery Association
By-Laws of the Harmarville Cemetery Association
First. The regular annual meeting of The Harmarville Cemetery Association shall hereafter be held upon the cemetery grounds in Harmar Township, on "Decoration Day", May 31st of each year.
Second. The meeting shall be called to order by the President of the board of directors, or in his absence by the Vice-President, who shall act as temporary chairman of the meeting.
Third. At such regular annual meeting the board of directors for the ensuing year shall be elected, as required by the charter.
Fourth. Special meetings of the corporation may be called by the board of directors to meet at such other place of meeting within Harmar Township, as may be designated in such call, ten days notice thereof to be given to the members of the association by letter or postal mailed to his or her last known address.
Fifth. Election to membership shall be by ballot.
Sixth. Any person eligible to membership under section nine of the charter may be elected a member of the association at any regular meeting thereof, or at any special meeting, upon receiving three fourths of the ballots cast, provided, that the names of all persons proposed for membership, who are to be voted on at any special meeting, shall be given in the notice calling said meeting.
Seventh. It shall be the duty of the Secretary of the board of directors to keep a list of the names and addresses of the members of the association, the same to be furnished by said members, and such list shall be the official guide in mailing all notices.
Eighth. The board of directors shall cause to be laid off in burial lots the land acquired by the Corporation from Miss Spring, to fix a scale of prices for the same, which may be altered from time to time, and to grant to purchasers thereof, their heirs and assigns, the perpetual right of burial therein, subject to such reasonable regulations and restrictions as the board of directors may from time to time adopt.
Ninth. Amendments to these By-Laws shall not be acted upon until the first annual meeting following that on which such amendment has proposed, unless the proposed amendment be first approved by the board of directors and notice thereof, containing a copy of said amendment, be sent to each member one month before the regular meeting or one month before the time fixed for a special meeting called for the purpose of acting on said amendment.
Witness our hands and seals this 31st day of May 1909
Jno Henderson Seal Grace B McRoberts Seal
HJ Rose Seal Mrs James Wilson Seal
John R Robbins Seal Gottlieb Dickey Seal
Sarah Robbins Seal Anna Smeaton Seal
Annie Nixon Seal Jessie McGeary Seal
Samuel Robbins Seal Wm J Wilson Seal
Suzetta Robbins Seal Alex Campbell Seal
WA Armstrong Seal Charles Wachter Seal
JH Kemper Seal Mrs Henry Dremmel Seal
Mary J Conley Seal Mrs Eliza Myers Seal
GS Conley Seal Anna Wachter Seal
Eleanora Harrison Seal WL Carson Seal
Mary Harrison Seal WM Nixon Seal
SM Armstrong Seal Wm J Barton Seal
Henrietta Campbell Seal Daniel Harrison Seal
Mrs WM Nixon Seal George W Wilson Seal
Miss Lilly Brown Seal JA Smeaton Seal
Mrs WJ Arbuckle Seal Joseph Barton Seal
July 1909
Court Record and Charter Application
Court Record
In the Court of Common Pleas No 2 of Allegheny County, Pa
In re application of the
"Harmarville Cemetery
Association"
Of
Harmar Township, Allegheny
County, Pennsylvania, for
A charter
No. 840 July Term 1909
Be it known, that the subscribers, all of whom are citizens of the Commonwealth of Pennsylvania, have associated themselves for the purpose of forming and maintaining an association for the objects and purposes hereinafter set forth, and being desirous that they and such persons as may be associated with them should become incorporated agreeably to the provisions of the Act of General Assembly of the Commonwealth of Pennsylvania entitled "An Act to Provide for the Incorporation and Regulation of Certain Corporations" approved the 29th day of April A D 1874, and its supplements, do hereby certify, set forth and declare, that the following are the purposes, objects, articles and conditions of the said association which they desire to be incorporated.
First. The name of the corporation shall be "The Harmarville Cemetery Association".
Second. The purposes for which the corporation is formed, are to acquire control of the cemetery or graveyard known as "Henderson's Graveyard" situate in Harmar Township, Allegheny County, Pennsylvania, to manage, regulate and maintain the same, to acquire land adjoining and maintain the whole as a public cemetery
Third. The place where the business of the corporation is to be transacted is in Harmar Township. Allegheny County, Pennsylvania.
Fourth. The Corporation is to exist perpetually.
Fifth The names and residences of the subscribers are as follows.
John Henderson Hoboken Allegheny County Pa
HJ Rose Harmar Township " "
John Robbins Cheswick " "
Sarah Robbins Harmar Township " "
Annie Nixon " " "
Samuel Robbins Cheswick " "
Suzetta Robbins " " "
WA Armstrong " " "
JH Kemper Harmar Township " "
Mary J Conley " " "
GS Conley " " "
Eleanor Harrison " " "
Mary Harrison " " "
SM Armstrong Cheswick " "
Henrietta Campbell Hoboken " "
Mrs WM Nixon Harmar Township " "
Miss Lilly Brown " " "
Mrs WJ Arbuckle Pittsburg " "
Grace B McRoberts Harmar Township " "
Mrs James Wilson Indiana Township " "
Gottleib Dickey Hoboken " "
Anna Smeaton Harmar Township " "
Jessie McGeary Indiana Township " "
Wm J Wilson " " "
Alex Campbell Harmar Township " "
Charles Wachter Cheswick " "
Mrs Henry Dremmel Harmar Township " "
Mrs Eliza Myers " " "
Anna Wachter Cheswick " "
WS Carson Harmar Township " "
WM Nixon " " "
Jas A Smeaton " " "
Daniel Harrison Ingram " "
Wm J Barton Sharpsburg " "
Joseph Barton " " "
Geo H Wilson Indiana Township " "
Sixth. The corporation is to be managed by a Board of Directors consisting of seven members who shall be elected annually by ballot, who shall elect from their number a president, vice president, secretary and treasurer, the names and residences of those chosen for the first year are as follows.
Rev John Henderson Rev John Henderson Allegheny County Pa
Rev HJ Rose Harmar Township " "
Miss Grace B McRoberts " " "
James A Smeaton " " "
Wm M Nixon " " "
Wm S Carson " " "
Joseph Barton Sharpsburg " "
By whom Rev HJ Rose has been chosen President, Joseph Barton, Vice President, Grace B McRoberts, Secretary and WS Carson, Treasurer.
Seventh. The corporation is not for profit and has no capital stock, but all money received from any source, as well as fees for membership of other charges fixed in the By-Laws, shall be collected, held in trust and applied from time-to-time in caring for and maintaining said cemetery.
Eighth. The corporation shall have power to adopt suitable By-Laws, not inconsistent with the Constitution and laws of the Commonwealth of Pennsylvania.
Ninth. The membership shall be increased and perpetuated by the election from time to time, in such manner and on such terms and conditions as may be prescribed in the By-Laws of the Corporation of any person who has now or may hereafter have relatives or friends buried in the aforesaid graveyard or cemetery, or of any person who may be willing to assist either financially or otherwise in maintaining said cemetery.
Tenth. That a sum equal to at least one-tenth of the gross amount arising from the sale of lots in said burial ground or cemetery shall be set aside for the perpetual care and preservation of the grounds and renewal of the buildings and property of said burial or cemetery company.
