No 316. AN ACT To annul the marriage contract between Benjamin E. McMurtrie and Hannah, his wife. 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 marriage contract entered into between Benjamin E. McMurtrie, of Huntingdon county, Pennsylvania, and Hannah, his wife, of the city of Philadelphia, and State aforesaid, be, and the same is hereby annulled and made void, and the parties released and discharged from said contract, and from the duties and obligations arising therefrom as fully, effectually, and absolutely as if they never had been joined in marriage. JOHN S. RHEY, Speaker of the House of Representatives. JOHN H. WALKER, We do certify that the bill entitled "An Act to annul the marriage contract between Benjamin E. McMurtrie, and Hannah, his wife," was presented to the Governor on the nineteenth day of April, eighteen hundred and fifty-two, and was not returned within ten days (Sundays excepted) after it was presented to him, wherefore it has, agreeably to the Constitution of this Commonwealth, become a law in like manner as if he had signed the same. WILLIAM JACK, Clerk of the House of Representatives. JOHN M. SULLIVAN, Clerk of the Senate. Harrisburg, May 1, 1852. P school house. No. 317. AN ACT Authorizing the erection of a school house in Southampton township, in Bucks county; and for the laying out of a State road in said county; and relative to the sale of intoxicating liquors in the county of Lancaster; to the real estate of James C. Fisher, deceased; extending the provisions of the act t encourage manufacturing operations; to the manufacture of iron and other metals in Mifflin county; to the Millheim and East Kishacoquillas Turnpike Road Company; and to the sale of certain school houses in Lancaster 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 School directors the school directors of Southampton district, in the county of Bucks, of Northampton shall not by reason of any public right of burial in all that certain piece district, Bucks of land situate in the township of Southampton in said county, conco., to erect a taining four acres more or less, bounded by lands of Benjamin Eastburne, John Chittick, and the Attleborough and Philadelphia road, bequeathed and devised for public use by the last will and testament of John Naylor, deceased, dated on or about the twenty-fourth day of February, A. D., one thousand seven hundred and thirty-two, be prohibited from erecting thereon a public school house, and appropriating to the use thereof any portion of the said lot not exceeding one acre not heretofore in use as a place of burial, to be held and used for the purposes of said school in conformity with the laws of this Commonwealth. Commissioners. Location. Duties of commissioners. SECTION 2. That Michael H. Jenks, Joshua K. Wildman, and Charles Willett, of Bucks county, be, and they are hereby appointed commissioners to view and lay out a State road to lead from a stake on the south east side of the Frankford and Bristol turnpike road to low water mark on the river Delaware, in the township of Bensalem, in Bucks county. SECTION 3. That it shall be the duty of the said commissioners, or a majority of them appointed to view as aforesaid, after having been sworn or affirmed before an alderman or justice of the peace (who shall file and preserve the same in his office) to perform the duties enjoined upon them by this act with impartiality and fidelity, carefully to view the ground and lay out said road, having respect to the best ground and shortest distance, so as best to promote the public good and do the least injury to private property, and they shall clearly and distinctly mark upon t ground the route agreed upon in such manner as to enable the supervisors readily to find the same, they shall make a fair and accurate draft of the location of said road, noting the courses and distances with a reference to the improvements, one copy whereof shall be deposited in the office of the Secretary of the Commonwealth, and one copy in the office of the clerk of the Court of Quarter Sessions of said county, and from thenceforth the said road shall be to all intents and purposes a public highway, and shall be opened to the width of thirty-three feet, and repaired in all respects as roads are opened and repaired laid out by order of court, and damages sustained by the owners of private property assessed and paid in the same manner. SECTION 4. That the said commissioners shall receive one dollar and Compensation. ifty cents for each and every day they shall be necessarily employed in performing the duties imposed by this act, and they are hereby authorized to employ a surveyor, two chain-carriers, and one axe-man, at a reasonable compensation, and their account shall be adjusted by the commissioners of and paid by the treasurer of said county in the usual manner, and if any vacancy or vacancies shall happen by resignation or any other cause, the Court of Quarter Sessions of said county is hereby authorized to fill the vacancy or vacancies by suitable appointments. SECTION 5. That the trustees for the grand-daughters of James C. Certain powers Fisher, deceased, named in the third section of the act approved April conferred upon sixth, one thousand eight hundred and fifty, entitled "An act to autho- the trustees for grand daghters rize the guardian of William and Ellen W. Penrose to confirm the title of James C. of real estate, &c., are hereby respectively authorized and empowered Fisher, deo. to unite with the other owners of undivided shares of the real estate of the said James C. Fisher, which remain undivided and unsold in the improvement of the same by the alteration of existing buildings upon vacant lots or spaces, and for that purpose to pay and apply so much of the principal or capital of the personal estate of their respective trusts as shall be requisite and proper in proportion to their respective shares and interests: Provided, That the rents which may be received upon Proviso. the letting of such improved real estate shall be recovered by the exexutors of the will of the said James C. Fisher, and after payment of all taxes, charges, and other expenses shall be divided in due legal pros portion among the parties interested in the said estate: And provided also, That nothing herein contained shall be taken or deemed to interfere with the powers given by the said will, or by the said act of Assembly for the sale of the said real estate, or of any part or share in the same after such improvement. SECTION 6. That the fifth section of the act entitled "An act autho- Repeal.; rizing the ministers of the Menonist congregation of East Lampeter township, Lancaster county, to sell certain real estate, and relative to the sale of intoxicating liquors in said county," approved March thirtieth, one thousand eight hundred and fifty-two, be, and the same is hereby repealed. Provisions of SECTION 7. That the provisions of an act entitled "An act to encourage manufacturing operations in this Commonwealth," enacted the certain act exseventh day of April, one thousand eight hundred and forty-nine, shall be, tended. and they are hereby extended to companies formed for the manufacturing of articles out of iron and other metals, or out of wood, iron, and other metals: Provided, That the provisions of this section shall be confined to the county of Mifflin. SECTION 8. That the Millheim and East Kishacoquillas turnpike Company to road company be, and they are hereby authorized to borrow not exceed- borrow money. ing twelve thousand dollars for the purpose of completing said road, and to issue their bonds therefor in sums not less than one hundred dollars, and to secure the payment of the same by a mortgage of the said road with its corporate liberties, franchises, and privileges. SECTION 9. That the school directors of the Sadsbury township school School directors district, in the county of Lancaster, be, and they are hereby authorized of Sadsbury tp. and empowered to sell at public sale, any two of the public school houses to sell school of said district that in the opinion of said directors are not eligibly lo- house. cated, and said directors shall be required to invest the proceeds of sale of such school houses in the purchase or erection of other school houses for said district at such points as in their discretion shall be deemed most eligible. APPROVED-The third day of May, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. Preamble. West Philadel phia to pave certain road. To lay out footways, &c. No. 318, AN ACT Relative to the Philadelphia and Lancaster turnpike road within the District of West Philadelphia; to reports of viewers of damages of Chester Valley mil road company; and to the guardians of the poor of the county of Philadelphia; and to Marion avenue in the District of West Philadelphia. WHEREAS, The district of West Philadelphia, and the president, managers, and company of the Philadelphia and Lancaster turnpike road have entered into an agreement for the improvement of the portion of the said turnpike road, lying within the limits of the said district, and are desirous of having the same confirmed; therefore, 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 said the district of West Philadelphia shall, as soon as conveniently may be, pitch and pave the part of the said turnpike road within the said district of West Philadelphia, from Bridgewater street to the west side of Woodland street, in such manner as to interfere with the travel along the same as little as may be, and the said district of West Phila delphia shall forever hereafter keep the said portion of said turnpike road in good and perfect order, and repair, and the said the president, managers, and company of the said turnpike road shall not be in any way liable to any proceedings, to throw open their gates, or in any other way affecting them by reason of any neglect to repair the same. SECTION 2. That it shall and may be lawful for the district of West Philadelphia to lay out foot-ways on either side of the said turnpike road, from Washington street to the western line of said district, leav ing a carriage way at least forty feet wide in the clear, and also to grade, curb, and pave the same, as well as to pave gutters of the ordinary width, outside of and along the same, and to be paid for as is now provided by law relative to other streets in said district: Provided, That if the said foot-ways so graded, or eurbed, or paved shall in any way interfere with the drainage of said road, then the said district shall construct and forever keep in repair good and sufficient drains for carrying off the water from the said turnpike road. SECTION 3. That it shall be lawful for the said district of West Phila- To grade said delphia to grade the said turnpike road between the foot-ways laid out turnpike. as aforesaid, and to cut down or fill up the same as may be necessary to accommodate the same to the levels of the plan of the said district: Provided nevertheless, That the same shall be done in such a manner Proviso as not to interrupt or interfere with the travel over the said turnpike road, and after the said turnpike road shall have been graded as aforesaid, the said district shall forthwith cause the same to be covered with a hard and uniform surface of stone, and placed in such order and repair as the said turnpike road is required by the charter of the company to be kept, and shall construct good drains, sufficient for the purpose of carrying off the water from the said road. SECTION 4. That the district of West Philadelphia may at any time To be paved. hereafter cause the said turnpike road, in any part thereof, between Woodland street and the northern boundary of the district, to be paved with stone, pebbles or blocks, or other hard and uniform surface, upon giving thirty days' notice of their intention so to do, to the president, managers, and company of the said turnpike road; whenever the said district shall have commenced to pave any part of said road, from thenceforth it shall be the duty of the said district to keep the said turnpike road from its beginning, at or near Bridgewater street, to the part so begun, to be paved in good and perfect order, at their own expense, and in case of any neglect or failure so to do the said district shall be answerable to the said turnpike company for all damages arising therefrom. SECTION 5. That the said turnpike company shall continue to be en- Tolls. titled to demand and receive tolls from all persons using the said turnpike road or any part thereof, whether within the limits of the said district or beyond the same, in the same manner as they are authorized so to do by their charter, and the acts supplementary thereto, and no proceedings shall at any time be instituted against them for the purpose of throwing open any of their gates on said road by reason of any neglect on the part of the district to keep in good order and repair such parts of the said road as they may, by the provisions of this act, any time hereafter be required to keep in good order and repair. SECTION 6. That whenever, by the report of viewers, damages have Damages. been or may hereafter be assessed, to be paid by the Chester Valley railroad company to the owner or owners of any lands through which the same passes, and any legal proceedings whatever may be had or taken by the said owner or owners, tending to delay the making or completion of said road or works, it shall and may be lawful for the said company, acting by their president or other person in behalf of said company, in each case to pay into court the amount so assessed, and to give a bond with such security and of such amount as shall be approved by one of the judges of the Court of Common Pleas, of the county wherein the damages have been or may be assessed, conditioned for the payment of such sum or sums by the company as shall be finally assessed or agreed upon, and thereupon it shall be lawful for the said company to proceed forthwith to make and construct their road and works as fully and in the same manner, and with the same effect as if the said assessments had been finally adjudicated, paid and settled. SECTION 7. That from and after the passage of this act the members Board of guarof the board of guardians, for the relief and employment of the poor of dians to have the city of Philadelphia, the district of Southwark, and the townships Power to reof the Northern Liberties, and Penn, representing the several incorporated districts, shall each respectively have the power of naming, ap move visitor &c |