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Meeting.

of said commissioners; they shall employ one surveyor who shall receive two dollars per day, two chain-carriers, one axe-man, and rodman, who shall each receive one dollar per day, all to be paid in the manner provided for the payment of the commissioners.

SECTION 9. That they shall enter upon the performance of their duties on or before the first day of May next, and shall distinctly mark Further duties. out the line of the road (of the width of thirty-three feet) so that the supervisors may have no difficulty in finding the same; they shall make two drafts on which shall be carefully noted the courses and distances, as well of the main line as of lateral roads extended, and all roads vacated, one of which shall be deposited in the office of the Secretary of the Commonwealth, and the other with the clerk of the Court of Quarter Sessions of Perry county to be deposited in their respective offices.

Drafts.

Power to vacate.

Portions of a certain State

Sight of William Penn's treaty, widening of.

SECTION 10. That said commissioners shall have authority to vacate any road supplied by the new one whether opened or not, and to connect late road when made necessary by vacating any old road.

SECTION 11. That all those portions of the State road leading from Pittsburg, by way of the Monongahela river and Turtle creek to the road from Pitts- house occupied by Daniel Kuhns, on the property of Allen Brown, burg to Turtle which have not been used and occupied by the Pittsburg and Braddock's creek, vacated. Field plank road company in locating and constructing a plank road along the same route, be, and the same are hereby declared vacated. SECTION 12. That in order to dedicate to public use and embellishment the sight of William Penn's treaty held with the Indian nations in the year sixteen hundred and eighty-two under the Elm tree, in Shackamaxon, now Kensington, Beach street, in the district of Kensington, county of Philadelphia, shall be widened from its present southernmost line one hundred and fifty feet, beginning on the line of Hanover street, and thence extending eastwardly parallel with the line of said Beach street, at least one hundred and fifty-feet, so that the area to be dedicated to public use shall be two hundred feet between the lines of Beach street, and two hundred feet eastwardly from the western line of Hanover street; said street to be opened as soon as practicable to the width herein prescribed, as streets and roads are opened under existing laws in the city and county of Philadelphia, and the commissioners of the district of Kensington shall have power to enclose a plot in the centre of said area not exceeding one hundred feet square, and shall place or authorize to be placed therein a monument or other memorial to commemorate an event identified with the settlement and history of the Commonwealth.

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

hundred and fifty-two.

WM. BIGLER.

No. 275.

AN ACT

Relative to the real estate of Peter Rotenberger, deceased; and authorizing the sale of real estate in Ringgold township, Jefferson county.

WHEREAS, Noah Shull and Levi J. Shull, of Bucks county, by an agreement made, and entered into with one Peter Rotenberger, in the month of January, Anno Domini, one thousand eight hundred and forty- Preamble. nine, in consideration of the sum of eight hundred dollars, did sell to said Peter a certain wood lot, designated as number twelve of the "Galloway estate," situate in Bensalem township, Bucks county aforesaid, containing eight acres and thirty perches, more or less, that said Peter paid part of said purchase money, and entered into the possession thereof, that subsequently said Levi J. Shull died intestate, and without having made any provision for conveying said real estate, and shortly thereafter said Peter died intestate and seized in his demesne of said real estate :

And whereas, The Orphans' Court of the city and county of Philadelphia, by a decree, and the Orphans' Court of Bucks county, by an order of sale, directed that all the right, title, and interest of said Peter Rotenberger in and to said real estate, be sold for the payment of debts, and maintenance and education of the minor child of said Peter Rotenberger, deceased:

And whereas, Under and by virtue of the aforesaid decree and order of sale, said real estate was sold to Franklin Rotenberger, and Joseph Rotenberger; 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

John R. Green, and Moses Comfort, administrators of all and singular Administrators the goods and chattels which were of said Levi J. Shull, at the time of Levi J. Shull of his decease, be, and they are hereby authorized and empowered to to execute a unite with said Noah Shull in such deed or instrument of writing, under certain deed. their hands and seals, as may be deemed necessary to convey and confirm to said Franklin Rotenberger, and Joseph Rotenberger, the purchasers at said Orphans' Court sale of said real estate, a good and perfect title in fee simple for the same, upon payment of the balance of said purchase money, with interest due on the same.

M'Farland to

SECTION 2. That C. S. Shannon and Francis Shraugher, guardians Guardians of of the minor children of Robert M. M'Farland, late of the township of minor children Ringgold, Jefferson county, deceased, be, and they are hereby autho- of Robert M. rized to sell and convey, in fee simple, all the right, interest, property; sell real estate. claim, and demand of said minors, and each and every of them, in and to all the real estate or their interests in the same, situate in the village of Ringgold, in the county of Jefferson, in which said minors are interested, together with Susan M'Farland, widow of the late Robert M. M'Farland, and for such purposes to unite with the said Susan M'Farland in any sale or conveyance of the same, now or hereafter to be made: Provided, That such sale shall be made private or public, in conjunction with the said Susan M'Farland in common, and shall be approved by the Orphans' Court of Jefferson county: Provided further,

That before such sale shall be made and executed, said guardians, or their successors in office, shall give approved security to the said Or phans' Court, conditional to invest the portion of the said minors' shares arising from the sale of the aforesaid property, in good and real security, in the name of the guardians in trust, or their successors in office, as the Orphans' Court may direct for the use and benefit of the said minors.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

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

WM. BIGLER.

Select and com

the character

No. 276.

AN ACT

To authorize the select and common councils of the city of Philadelphia to make ordinances to regulate the construction of buildings in said city.

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 it shall and may be lawful for the select and common council of the city of mon council to Philadelphia, to pass ordinances to prescribe the character and stability pass ordinances of buildings to be hereafter erected and constructed within the said and prescribe city, and to this end they may by ordinances as aforesaid direct the thickness, depth of foundation and other walls, the height of buildings, the dimensions and strength thereof, the thickness of walls behind flues, and such other matters as they shall deem needful to be observed in the construction of buildings, to protect and ensure the health and safety of the citizens: Provided, That no partition or party wall shall be less than nine inches in thickness: And provided further, That nothing in this act shall be construed to repeal any existing law in relation to partition or party walls.

and stability of buildings.

Punishment of builders.

Authorized to appoint other officers of inspection.

SECTION 2. That it shall be lawful for the said councils to provide for the punishment of the builder or owner, or both, of any building which shall be erected contrary to the provisions of such ordinances, and to require the removal or alteration of such building.

SECTION 3. That the said councils may appoint such officers as they may think necessary, to attend to the inspection of buildings in process of construction, and to enforce such regulations as they may lawfully make in the premises, and said officers shall have authority to enter at all reasonable hours, any building in the progress of con

struction or erection, for the purpose of inspecting and examining the

same.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

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

WM. BIGLER.

No 277.

AN ACT

Supplementary to the act entitled "An Act regulating Banks," approved April sixteenth, one thousand eight hundred and fifty.

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

forty-sixth section of the act entitled "An Act regulating banks," ap- Provisions of proved the sixteenth day of April, eighteen hundred and fifty, be, and certain act rethe same is hereby repealed; and that the thirty-third section of the lative to banks act entitled "An Act to reduce the State debt, and to incorporate the repealed. Pennsylvania canal and railroad company," approved the twenty-ninth day of April, eighteen hundred and forty-four, be, and the same is hereby declared to be in as full force and effect, and as applicable to the several banks chartered or re-chartered, or that may hereafter be chartered or re-chartered under the provisions of the said act of eighteen hundred and fifty, as though the said forty-sixth section of the same had never been passed: Provided, That the capital stock of such banks shall not be subject to taxation for any other than State purposes.

SECTION 2. That the cashiers of banks incorporated previous to the Cashiers to have passage of the act to which this is a supplement, shall have the same same privileges privileges as are enjoyed by the cashiers of banks incorporated in accord- as cashiers of ance with the provisions of this act.

JOHN S. RHEY,

Speaker of the House of Representatives.

JOHN H. WALKER,

Speaker of the Senate.

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

other banks.

eight hundred and fifty-two.

WM. BIGLER.

No. 278.

AN ACT

Relative to assessments in Clinton county; and to incorporate the Washington and Middletown Turnpike Road Company; and repeal a certain independent school district in Aleppo township, Greene 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 the Assessment of assessments in the county of Clinton for State and county purposes for taxes in Clinton the year eighteen hundred and fifty-three, and annually thereafter, shall

county regu

lated.

Commissioners.

Style.

be made after the first day of April, and the precept of the county commissioners to the assessors shall be issued within four weeks from the said first day of April in each year, and be made returnable within sixty days thereafter, when the proportions of the several townships and boroughs shall be ascertained according to law, transcripts of the said assessment shall be made out by the county commissioners and transmitted to the respective assessors on or before the first Monday in July following, together with the rate per centum and the day of appeal fixed by them.

SECTION 2. That David Clark, Samuel M'Farland, James Stevens, John Wishart, James Clark, David McClay, Isaac Hewit, Richard Cundell, John Stewart, Hugh Allison, 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 Washington and West Middletown Turnpike Road Company," to construct a road commencing at a point on the "National road" leading to Wheeling, near the borough of Washington, to the bridge over the Chartiers creek, on the farm of Isaac Hewit and William Wylie, in the Subject to pro- county of Washington, subject to all the provisions and restrictions of an act regulating turnpike and plank road companies, approved the twenty-sixth day of January, eighteen hundred and forty-nine, and the supplements thereto, so far as the same be not inconsistent with this and the subsequent sections of this act.

Location.

visions of certain act.

Capital stock.

Tolls.

SECTION 3. That the capital stock of said company shall consist of three hundred shares of ten dollars each, but the said company may, from time to time, by a vote of the stockholders, increase the capital stock if it shall be necessary to carry out the true intent and meaning of this act.

SECTION 4. That whenever the said company shall have completed said road they shall have power to erect toll gates, and receive the same tolls per mile that they are allowed by the twelfth and thirteenth sec tions of an act, approved January twenty-sixth eighteen hundred and forty-nine, entitled an act regulating turnpike and plank road companies.

Commencement SECTION 5. That if said company shall not commence the construcand completion tion of said road within three years, and complete the same within six of said road. years, this act shall be null and void and of none effect, except so far as may be necessary to settle up and pay the debts of said company.

SECTION 6. That so much of an act entitled an act relative to certain school districts, approved the twenty-fifth day of February, eighteen

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