Laws Enacted in the General Assembly of the Commonwealth of Pennsylvania ...

and testament of said decedent, to be sold and conveyed by his ex

ecutors.

Crawford dec'd,

SECTION 11. That Alexander W. Blaine, guardian of the estates res- Guardian of pectively of James Crawford, E. W. M. Crawford, B. F. Crawford, the minor childJosephine Crawford and Edwin Crawford, minors and heirs of William ren of William Crawford, late of the township of North East, in the county of Erie, authorized to "deceased, be and he is hereby authorized to sell, convey, and dispose of sell real estate. at public sale, in fee simple, all the share or shares, estate and interest of his said wards, or any of them, in any lands, tenements, or hereditaments, situated in the township of North East aforesaid, to receive the purchase money therefor, and thereof, to acquit and forever to discharge the purchaser or purchasers, and to make, execute, and deliver in due form of law, all necessary and proper deeds, acquittances, and other assurances to the said purchaser or purchasers, for the lands, tenements, or hereditaments so sold and conveyed: Provided, That be- Proviso. fore any sale or sales shall be made, the said Alexander W. Blaine, guardian as aforesaid, shall give good and sufficient security, to be approved of by the Orphans' Court of Erie county, conditioned for the faithful and proper application of the money arising from such sale or sales, according to the order and decree of said court, and provided also, that such sale or sales shall be approved of and confirmed by the court aforesaid.

Speaker of the Senate.

JOHN H. WALKER,

APPROVED The eighteenth day of March, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER.

No. 129.

AN ACT

To authorize the payment of a recognizance in the Orphans' Court, of Armstrong county, given in proceedings in partition on the real estate of Robert Davison, deceased, and for other purposes.

WHEREAS, The Orphans' Court of Armstrong county, upon the application of Joseph Buffington, assignee of the heirs of William Davison and Arthur Davison, who were the brothers and heirs-at-law of Robert Davison, de ceased, did award an inquest on the real estate of said Robert Davison, deceased, consisting of a tract of land situate in Kittanning township, adjoining the Allegheny river, the purchase line lands warranted to James Glentworth and others, which said proceedings, in the Orphans' Court, resulted in a decree thereof, awarding the said property to the said Joseph Buffington, his heirs and assigns, in

Preamble.

ratified.

severalty, upon his entering into recognizance with approved surety to secure the share of the appraised value coming to the heirs of Mrs. Graham, wife of John Graham, and the only other heir of the said Robert Davison, which said recognizance was so given and approved by said court; therefore,

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Proceedings of the said proceedings and decree of the said Orphans' Court, are hereby Orphan's Court ratified and confirmed, and shall be deemed to be valid and effectual according to the tenor of said decree, and it shall be lawful for the said Joseph Buffington to pay the amount of the said recognizance, with lawful interest, into the Orphans' Court, of Armstrong county; whereupon the said court shall make a decree, releasing and discharging the said Joseph Buffington and sureties from the liability of the same, and shall further decree that the said tract of land and real estate in the said proceedings mentioned, shall be freed and discharged from the lien of the said recognizance, and from all liability for the moneys charged upon the same and so paid in as aforesaid, and it shall be the duty of the said Orphans' Court, by their decree, to order and direct that the said moneys be paid to the person legally entitled to receive the same, upon their application, at such times and in such proportions as they may find to be just and lawful, and until such moneys are applied for as aforesaid, the said court shall order and direct the same to be invested or funded, as directed by the existing laws of this State, or on such real or personal security as the said court may deem amply sufficient, and the said court shall further have the power to call in the said money and direct the same to be re-invested as aforesaid, as often as they may deem necessary for the ample security of the same, and the prompt payment when applied for by the persons entitled

thereto.

APPROVED-The twentieth day of March, A. D., one thousand eight hundred and fifty-two.

WM. BIGLER.

No. 130.

AN ACT

To incorporate the Warren and Bradford Plank Road Company.

F. Melvin, John H. Hull, Sabinus Walker, and L. D. Wetmore be and are hereby appointed commissioners to open books, receive subseriptions of stock, and organize a plank road company in accordance with, and subject to the provisions of an act regulating turnpike and plank road companies, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the supplements thereto, to be known as "The Warren and Bradford plank road company," Style. with authority to enter upon lands and public roads, and to construct a 24 plank road from Warren, in the county of Warren, by way of Kewzua, to the State line on the Tuneauguant creek, in Bradford township, M'Kean county, and to make any lateral road or roads to connect the same, or any section thereof with the Sunbury and Erie railroad, or with any other point or points within said counties, as said company may deem advisable, for the promotion of its own and the public in

terests.

SECTION 2. That the capital stock of said company shall consist of Capital stock. ten thousand dollars, in shares of twenty-five dollars each, with the

right to increase the same from time to time as the board of directors

may find necessary or deem expedient.

SECTION 3. That the company shall have the right to use and charge Tolls. tolls upon any portion of said main line, or of the lateral roads, author

ized by this act, whenever and as often as three consecutive miles shall be completed and approved as required by the act of twenty-sixth January, one thousand eight hundred and forty-nine.

SECTION 4. That the said company shall have the right to erect a To erect a bridge, for the accommodation of travel on said route, across the Alle- bridge over the gheny river, at such point as they may find most convenient, and to river Allegheny. charge and receive tolls for crossing it, similar in amount and under restrictions similar to those charged by the Warren bridge company.

SECTION 5. That the work shall be commenced within three years Commencement from this date, and completed within ten years, but the failure to com- and completion plete the whole line within that time shall not work a torfeiture of the of the work. parts which may have been completed, so as to entitle the company to

receive toll on them.

APPROVED-The twentieth day of March, A. D., one thousand

eight hundred and fifty-two.

WM. BIGLER.

Repeal.

Inspectors to be appointed.

Investment of surplus fund.

Repeal.

paid.

No. 131.

AN ACT

Relative to the board of health of the city and county of Philadelphia; relative to shop taxes and tavern licenses in the burnt district of Philadelphia; authorizing J. Engle Negus and Edwin L. Poalk, trustees, to sell certain real es tate; authorizing the trustees of the Bustleton Academy to lease or transfer said academy to the controllers of public schools; to the Waterford and Erie plank road; and to vacate Jasper street, in the county of Philadelphia.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the third of the series of resolutions passed by the Legislature May twenty-ninth, one thousand eight hundred and forty, in relation to the charge for removing the contents of privy wells within the jurisdiction of the board of health, and other purposes therein set forth, be, and the same is hereby repealed, and it is hereby enacted that the charge hereafter made for the removal of the contents of privy wells within the jurisdiction of the board of health, shall be so much per cubic foot measured in the well.

SECTION 2. That in addition to the powers now held and exercised by the board of health, the said board of health shall have the power and authority to annually appoint one or more measurers or inspectors of privy wells, for whose services such compensation shall be charged as may be right and proper, said measurer and inspector, or measurers and inspectors, to be under such rules and regulations as the board of of health may from time to time adopt and subscribe.

SECTION 3. That the board of health shall have authority to invest all sums of money which may be in the hands of their treasurer over and above the amount necessary to meet their current expenses only in the funded debt of the United States, or of the State of Pennsylvania, or in the loans of the city or county of Philadelphia, or in the loans of any of the incorporated districts of the county of Philadelphia, and to sell and transfer the same at such times and in such quantities as necessity may require.

SECTION 4. That all laws inconsistent with the several provisions of this act, be, and are hereby repealed.

Expenses of SECTION 5. That whenever in the judgment of the board of health, persons affected any person afflicted with any contagious or infectious disease, and rewith contagious ce.ved for treatment in their hospital, shall be unable to pay the ex diseases, how penses of his attendance and treatment there, it shall be the duty of the guardians for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn, to re-pay to the board of health all the expenses incurred in and about the attendance and treatment of such person, according to the rates to be fixed by the said board of health, and in case of his or her death, to re-pay also the cost of interment: Provided, That the charge for board and attendance shall not, in any case, exceed the rate of three dollars per week.

Treasurer of the

SECTION 6. That the treasurer of the city of Philadelphia, be, and city of Philadel-. phia to refund is hereby authorized to refund the amount of shop tax and tavern certain moneys. licenses paid to said treasurer for the use of the Commonwealth, by the

sufferers of the fire in the city and county of Philadelphia, on the ninth day of July, one thousand eight hundred and fifty, said amount to be taken out of any money in the hands of said treasurer, collected in said city for State purposes.

WHEREAS, Robert L. Poalk of the city of Philadelphia, by inden- Preamble. ture dated the twenty-ninth day of January, Anno Domini, one thousand eight hundred and thirty-four, recorded in the office for recording deeds at Philadelphia, in deed book A. M., number seventy five, page two hundred and thirty-two, et cetera, did grant and convey certain real estate to Samuel W. Lippincott and Nathan Davidson, their heirs and assigns, in trust to receive the rents and income and to apply the same to the maintenance and support of the said Robert L. Poalk, during his life, with remainder to his step-mother, Ann L. Poalk, in fee and with power to sell and convey the same in fee simple and without liability on the part of purchasers to see to the application of the purchase money, and with directions to invest the proceeds in other real estate:

And Whereas, The said Nathan Davidson has departed this life, and the said Samuel W. Lippincott has since, upon his own application, been discharged from the said trust, and James Engle Negus and Edward L. Poalk have been duly appointed trustees by the Court of Common Pleas, in place of the said grantees:

And Whereas, The said Robert L. Poalk is unmarried and has no nearer known relatives or next of kin than brothers and sisters of the half blood, who are the children of the said Ann L. Poalk, the party to whom the whole estate is limited in remainder:

And Whereas, The said Robert L. Poalk, and the said Ann L. Poalk, and the said James Engle Negus, and Edward L. Poalk, have presented a petition to the Legislature setting forth their wishes that the said deed should be confirmed and rendered free from doubt, and that the interest of all persons interested in the said real estate would be promoted by a sale of the same at the present time, and that the said estate can be made more productive of income to the said Robert L. Poalk, by a power to the said trustees, and desire as the interest of the said trust requires to be enabled to invest the proceeds in real securities or in such public stocks or loans bearing interest as are now allowed as investments to other trustees, and that they shall be enabled to convey a title to purchasers that shall in every way be unexceptionable; therefore,

SECTION 7. That it shall and may be lawful for the said James Engle Negus and Edward L. Poalk, or for any person or persons who may suc

to sell real

estate.

ceed them in the said trust, to sell at public or private sale any part or James Engle parts or the whole of the real estate conveyed as aforesaid by Robert L. Negus and EdPoalk to Samuel W. Lippincott and Nathan Davidson, and to convey the ward L. Poalk same in fee simple or for any lesser estate to the purchaser and purchasers thereof, and every such purchaser or purchasers shall take and hold the same absolutely free and discharged of all trust and free from any claim or demand by the said Robert L. Poalk, or of his heirs, or of any person who may hereafter claim by, through, or under, him, them, or any of them, and that the proceeds of any such sale shall be invested in the purchase of other real estate, or in mortgages upon sufficient real estate, or in the purchase of such public stocks or loans as by the existing laws of the Commonwealth it is lawful for trustees to invest in, under the direction and with the approbation of the Court of Common Pleas in and for the city and county of Philadelphia, and upon the same being done the purchaser or purchasers shall not be bound to

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