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John C. Mitch.

sell certain real estate.

SECTION 4. That John C. Mitchell, administrator de bonis non with the ell authorized to will annexed of Rebecca Redman, deceased, is hereby authorized and empowered to sell either at public or private sale, all or any part or parts of the two tracts of land hereinbefore described, assigned, and conveyed by Joseph Redman, and Rebecca his wife, to Thomas Redman, his heirs and assigns, by indenture dated the thirtieth day of January, Anno Domini, one thousand seven hundred and ninety-six, and recorded at Philadelphia in deed book number fifty-eight, page one hundred and thirtyfive, and to make and execute all proper and necessary deeds of conveyance to the purchaser or purchasers thereof in fee simple, so that any and every such purchaser shall hold the same clear and discharged from all trusts created either by the said indenture, or by the will of the said Rebecca Redman, and from all liability to look to the application of the purchase money thereof: Provided, however, That before executing the power hereby granted, the said John C. Mitchell shall give bond with surety to be approved by the Orphans' Court for the city and county of Philadelphia, conditioned to apply the proceeds of any and every such sale according to the directions of the will of the said Rebecca Red

Proviso.

In event of

man.

SECTION 5. That in the event of the death of the said John C. death of admin- Mitchell, or of his discharge from the office of administrator as aforeistrator, sucsaid, the power hereby granted may be executed by his successor in the said office, subject to the foregoing proviso in respect to security.

cessor to perform duties.

Preamble.

Real estate of

WHEREAS, Henry Naglee, late of Kensington, Philadelphia county, devised to his four daughters hereafter named, by will dated the eleventh of August, one thousand eight hundred and thirty-six, severally certain pieces or tracts of land, with a provision that neither of his said children should sell or convey any part of the real estate thereby devised, but should receive the rents, issues, and profits thereof during their natural lives, and after their or either of their deaths, their portion shall be equally divided among their children and their heirs, and if either of his children should die without issue, their portion should be equally divided among the survivors:

And whereas, A petition has been presented for a law to enable them to make the said properties so devised more productive of income to them by letting the same on ground rents, such ground rents to be secured, and to pass according to the limitations of the said will:

SECTION 6. That Margaret C. Bruner, Elizabeth L. Devine, Emily Henry Naglee. Anna Williams, Caroline Smith Naglee, daughters of said Henry Naglee, or either of them, together with her mother, so long as her interest in the premises remains, and together with any husband they may have from time to time, may grant, bargain, sell, and convey in fee simple, such part and parts of the premises as the said Henry Naglee by his said will devised to them respectively, as they the said daughters being respectively devisees thereof may deem expedient, reserving a ground rent therefrom (at rates to be approved by the Orphans' Court) to the grantors and the heirs and assigns of such daughters, subject to extinguishment on the payment of the principal of the annual ground rent at any time thereafter, and to convey to the purchaser or purchasers, as good and valid an estate in the premises as the said Henry Naglee was seized of, and entitled to, at the time of his death, both in law and equity, and discharged from the limitations of his will, but subject to the rents, covenants, and stipulations in such ground rent deeds: And provided, That before any rates of letting on ground rent shall be fixed by the said Orphans' Court, or security be taken for the principal of any ground rents extinguished all the children of said Henry Naglee living, and the children of any deceased shall have notice of the appli

cation, and an opportunity of being fully heard before said court: And
provided, That all such lettings on ground rent shall be to others than
members of said family, either children or their husbands, who shall
not be directly or indirectly interested as purchasers, or become the
grantees of such purchasers on ground rent, mediately or immediately:
Provided, That the rent and rents so to be reserved shall be held and Proviso.
enjoyed by the same persons, and for the like interests, uses, and pur-
poses as are mentioned in said will, concerning the respective premises
out of which the same shall be reserved, and the person or persons for
the time being, entitled to receive the said rents shall have power to
receive the payment of the principal thereof, and to release and extin-
guish the said rent or rents, and the said purchaser or purchasers shall
not be forced to see to the application of the said money: And provi
ded further, That before any such ground rent shall be released and
extinguished, the person or persons entitled to receive the same as afore-
said, shall give approved security to the Orphans' Court of Philadel-
phia county conditioned to invest the money so paid in extinguishment
of such rent or rents in good real security, in trust for the same uses as
the said rent or rents was or were reserved and held under the convey-
ance reserving the same.

SECTION 7. That so much of the act, approved the fourteenth day Repeal.
of April, A. D., one thousand eight hundred and fifty-one, entitled
"An Act relating to tavern licenses in the counties of Allegheny and
Clarion, etc., as prohibits the sale of malt liquors in Clarion county, by
less measure than ten gallons," be, and is hereby repealed.

SECTION 8. That hereafter the annual meetings of the mutual bene- Annual meetficial insurance association, of Bucks county, shall be held on the last ings. Monday in October, on each and every year, and the said association shall have a lien, in the nature of a judgment, waiving the right of in- Lien. quisition upon the real estate of the persons insured in said association, to the amount of all assessments made in conformity with the constitution and by-laws of said association, as indemnity for losses by fire, which lien shall continue until such assessment shall have been paid: Provided, Such company shall file, in the office of the prothonotary of Proviso. the county where such real estate shall lie, a memorandum of the name of the individual insured, a description of the property, the amount of assessment unpaid, and the term for which the insurance shall continue, and the prothonotary with whom the same shall be filed, is hereby required, forthwith, to enter the same, without tax or fee at large, upon his judgment docket, and the same, when so entered, shall be deemed and taken to be in all respects a judgment entered, upon confession by warrant of a power of attorney, and execution may at any time be thereof for such sum as may be due and demandable, but the lien thereof shall commence with the filing of such memorandum in the office of the prothonotary.

District of Kensington changed

SECTION 9. That the north-eastern boundary line of the district of North eastern Kensington, in the county of Philadelphia, shall be, and hereby is boundary of the changed as follows, to wit: beginning at the point where the northeastern boundary line of said district at present terminates, on the river Delaware; extending thence along said river Delaware, to the middle of York street; thence northwardly along the middle of York street, to the middle of West street; thence southwesterly along the middle of West street, to the present boundary line of said Kensington district; and the territory hereby included within the corporate bounds of said Kensington district, shall be, and the same is made a part of, and is incorporated into said district, and shall, at all times hereafter, be included in, and subject to all and every laws, regulations, and ordinances, which are,

9th and 10th sections of act

1851, construction of.

or hereafter may be enacted and applied to the said Kensington district as at and before the passage of this act.

SECTION 10. That the ninth and tenth sections of an act entitled "An Act to incorporate the union school and children's home asylum; of 12th April, to provide for the taxation of non-resident venders of merchandize, in the city and county of Philadelphia, and for the relief of Edward Hutchinson, approved the twelfth day of April, one thousand eight hundred and fifty-one," shall not be construed to apply to a citizen and permanent resident of Pennsylvania, or whose principal place of business is within the State, and who pays, in accordance with existing laws, a license of not less than one hundred dollars per annum, or to any resident, agent, or agents, as aforesaid, for the sale of hardware by card, sample, or other specimen.

JOHN S. RHEY,

Speaker of the House of Representatives.
JOHN H. WALKER,

sentative

Speaker of the Senate.

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

WM. BIGLER

No. 182.

AN ACT

Declaring Cush creek, in the counties of Clearfield and Indiana, a public highway; relating to fishing in Tulpehocken creek, Berks county.

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 Cush creek de- from and after the passage of this act, Cush creek, from the mouth of clared a public said creek, or where it empties into the Susquehanna river, in Burnside highway. township, Clearfield county, as far up as the forks where the north and south branches unite in Indiana county, be, and the same is hereby declared a public highway.

SECTION 2. That from and after the passage of this act it shall not Fishing in Tul- be lawful for any person or persons to fish with drag-nets in Tulpehocken pehocken creek, creek, in Berks county, from Jonathan Hiester's mill-dam, in Bern Berks county. township, to H. P. Robinson's forge, in Marion township, and any per

Proviso.

who

son or persons so offending, on conviction thereof, on the testimony of one or more witnesses, before a justice of the peace of said county, shall pay a fine of ten dollars for every such offence, to be recovered as debts of equal amount are by law recoverable, by any person or persons may sue for the same; one-half thereof to be paid to the informer, and the other half to the supervisor of the township where the offence is committed, to be by them applied to improving the roads: Provided,

That such prosecution shall be commenced within thirty days after such offence shall be committed.

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

WM. BIGLER.

No. 183.

AN ACT

To incorporate the Bedford and Maryland Line Turnpike or Plank Road Company; in relation to a certain suit in Bedford county, and certain election and school districts in Bedford and Fulton counties.

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 Job Mann, William T. Dougherty, Espy L. Anderson, Samuel Davis, Commissioners, George W. Bowman, S. L. Russell, Solomon Filler, Samuel H. Tate, John Cessna, Baltzer Fletcher, George Bortz, Junior, J. R. Anderson, William Blair, William Watson, John C. Vickroy, and Henry C. Bruner, or any five of them, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title of "The Bedford and Maryland Line Turn- Style. pike or Plank Road Company," with power to construct a turnpike or plank road from the borough of Bedford, in the county of Bedford, to extend to the Maryland State line, in said county, by the nearest and

best route, subject to all the provisions and restrictions of an act reg- Subject to proulating turnpike and plank companies, approved the twenty-sixth day visions of cerof January, one thousand eight hundred and forty-nine, and the several tain act. supplements thereto.

Capital stock.

SECTION 2. That the capital stock of said company shall consist of five hundred shares, at twenty-five dollars each: Provided, That said Proviso. company may, from time to time, by a vote of the stockholders, at a meeting called for that purpose, increase their capital stock so much as in their opinion may be necessary to complete the road and carry out the true intent and meaning of this act.

SECTION 3. That whenever said company shall have finished two Tolls. miles or more of said road, they shall have power to erect gates and receive tolls agreeable to the conditions and restrictions of sections twelve and thirteen of an act approved the twenty-sixth day of January, one thousand eight hundred and forty-nine.

Commencement

of the work.

SECTION 4. That if said company shall not commence the constareand completion tion of the road within three years after the passage of this act, and complete the same within ten years thereafter, this act shall be null and void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company.

Taylor town

SECTION 5. That hereafter the qualified voters of the township of ship, Fulton co. Taylor, in the county of Fulton, shall hold their general, special, and township elections at the house now occupied by Jacob L. Wollet, on the Three Mountain road, in said township.

South Wood

SECTION 6. That hereafter the qualified voters of the township of berry township, South Woodberry, in the county of Bedford, shall hold their general, Bedford co. special, and township elections at the house now occupied by Chandler Payne, near Noble's mill, in said township.

Certain proper

SECTION 7. That the farms and premises of Newton G. Hoke, John ty attached to B. Hoke, and Mary Hoke, in the township of Ayr, in the county of M'Connellsburg Fulton, shall hereafter be attached, for school purposes, to the McCon borough for nellsburg borough school district, in said county. school purposes. Suit in Fulton county.

Proviso.

Council fees.

SECTION 8. That the suit in the Court of Common Pleas of the county of Bedford, of November term, one thousand eight hundred and forty-eight, number ninety-one, wherein Maria McElhair, who sues as well for herself as for the Commonwealth, is plaintiff, and James Agnew is defendant, shall issue to and for the benefit of the county of Fulton, so far as the Commonwealth is interested: Provided, That the said county of Fulton shall pay to Samuel L. Russel and Samuel M. Tate, Esquires, their reasonable fee for services rendered and to be rendered by them, in said case before the Supreme Court, if so much shall be recovered therein by said county of Fulton.

Certain properSECTION 9. That the farms and premises of Mark Dickson, John ty attached to Sloan, and James Cooper, in the township of Tod, in the county of M'Connellsburg Fulton, shall hereafter be attached, for school purposes, to the McConnellsburg borough school district, in said county.

borough for

school purposes.

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APPROVED-The seventh day of April, A. D., one thousand eight

hundred and fifty-two.

WM. BIGLER.

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