[No. 13.] AN ACT Authorizing the Rector, Church Wardens, and Vestry Men of Trinity men to sell 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 Power of reeof the same, That the rector, church wardens, and vestry men tor, wardens, and vestry of Trinity church, in the district of Southwark, be and they are hereby authorized to sell either at public or private sale, a real estate at certain lot or piece of ground and building thereon erected, public or prisituate between Washington and Carpenter streets, and at the vate sale. distance of one hundred and sixteen feet westward from the Property dewest side of Delaware Fourth street, continued in the district scribed. of Southwark, and county of Philadelphia, beginning at a point at the said distance of one hundred and sixteen feet from Fourth street, at the corner of the Presbyterian burial ground; thence extending parallel with Fourth street forty-eight feet; thence westward at right sngles, with the said Fourth street, about forty-one feet seven inches, more or less, to ground of James Paul; thence north-easterly fifty feet seven inches, or thereabouts, to the said burial ground; thence easterly about twetyseven feet ten inches, to the place of beginning; and to convey the same by a good and sufficient deed or deeds, to the purchaser or purchasers, subject to the same ground rent of thirtysix dollars perannum, payable to Thomas Mitchell, his heirs and Discharged assigns, but free and discharged from the trust, for the use of from the trust the fe male Sunday school society of said church, and that the proceeds of such sale be appropriated by the said rector, church Proceeds how wardens, and vestry men to defray the cost of building and appropriated. furnishing the new school house erected by the said rector, church wardens, and vestry men, in the rear of the said Trinity church. WM. A. CRABB, Speaker of the House of Representatives. APPROVED-The tenth day of February, one thousand eight hundred and forty-one. Speaker of the Senate. DAVID R. PORTER. Deed or deeds Reseravation. Part of formér law pealed. Former act reinstated. Appeals dismissed reinstated. Proviso. re [No. 14.] AN ACT To repeal part of an act supplementary to the act entitled "An act limiting the time during which judgments shall be a lien on real estate, and suits may be brought against the sureties of public officers," and to render certain appeals from awards of arbitrators valid, and for other purposes. 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 that part of the proviso m the act of assembly passed on the twenty-first day of April, Anno Domino one thousand eight hundred and forty, entitled "An act limiting the time during which judgments shall be a lien on real estate, and suits may be brought against the sureties of public officers, which requires an affidavit of defence as therein stated, to be superadded to the oath required by the compulsory arbitration law, in cases of appeals taken by defendants from awards of arbitrators, be and the same is hereby repealed, And all appeals taken from awards of arbitrators, according to the requisitions of the arbitration laws in force at the time of the passage of the said act of the twenty-first of April, Anno Domino one thousand eight hundred and forty, are hereby declared to be good and valid, notwithstanding that no affidavit of defence may have been filed in conformity to the provisions of that part of the proviso which is hereby repealed. SECTION 2. That all appeals from awards of arbitrators which shall have been dismissed by any court of this Commonwealth, on account of the omission by the defendant to file an affidavit of defence, (in conformity to that part of the proviso which is hereby repealed) at the time of the entry of such appeals: Provided, The money or damages sought to be recovered, have not been made by execution or otherwise, are hereby reinstated. SECTION 3. That so much of the act entitled an act relative to suits brought by and against canal and railroad companies, Part of former approved the fourteenth day of April, one thousand eight act repealed. hundred and thirty-four, as is applicable to actions brought on contracts, express or implied, be and the same is hereby repealed, and all such actions as have been removed in pursuance of such act and still pending, be returned for trial to the court in which they were respectively commenced. WM. A. CRABB, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The eleventh day of February, one thousand eight hundred and forty-one. DAVID R. PORTER. [No. 15.] AN ACT To authorise the Removal of the Seat of Justice in the County of Wayne. WHEREAS, a large majority of the taxable inhabitants of the county of Wayne have, by their memorial, set forth to the General Assembly of this Commonwealth, the great inconvenience they suffer in consequence of the seat of justice for said county being fixed at Bethany, and praying the same may be removed to the borough of Honesdale For remedy whereof, 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 Preamble. court house, &c. in Bethany and of the same, That immediately after the passage of this act, it Gov. to app't shall be the duty of the Governor of this commonwealth, to ap- 3 persons, not point three disinterested citizens of this state, none of whom of Wayne co. shall be residents of the county of Wayne, whose duty it shall who shall apbe, as soon as conveniently may be after receiving notice of their praise appointment, to assemble at the borough of Bethany, in the county of Wayne aforesaid, and after being duly sworn or affirmed, report. shall proceed to value and apprise the court house, fire proof and all other real estate belonging to the county of Wayne aforesaid, situate in the borough of Bethany aforesaid, at a reasonable cash price, and shall make out duplicate reports of such valuation under their hands and seals, or under the hands and seals of a majority of them, one of which reports they shall deliver to the prothonotary of said county who shall file the Report how same in his office, and the other shall be deposited in the com-filed missioners' office; and the said persons appointed to appraise the public buildings as aforesaid or a majority of them, shall fix To fix a site in upon a proper and convenient site within the borough of Hones- Honesdale for public build-dale, upon which to erect the court house, prison and county ings. offices, and make report thereof under their hands and seals, or under the hands and seals of a majority of them, to the commissioners of the said county of Wayne, and the said persons Compensat❜n. appointed as aforesaid, shall be severally entitled to receive three dollars per day whilst thus engaged, to be paid out of any moneys in the treasury of the borough of Honesdale not otherwise appropriated. Duty of Coms SECTION 2. That it shall be the duty of the commissioners of Wayne co. of the said county of Wayne immediately after the valuations to take bonds, of the public buildings and real estate as aforesaid to take and &c. for a spe- receive a bond or bonds or other securities, in the penal sum of cific purpose. five thousand dollars, payable to them and their successors in office, from such responsible person or persons as may offer and be willing to be bound in the same, conditioned, that upon a sale of the public buildings and real estate aforesaid, as hereinafter provided, for less than the full amount of the valuation as aforesaid, that they, the said obligor or obligors shall and will pay to the county treasurer for the use of said county of Wayne, the full amount of such deficiency. Commis'rs of SECTION 3. That the commissioners of the county of Wayne Wayne co. to for the time being be and they are hereby authorised, and rereceive deed of quired to take and receive a deed or deeds of conveyance to be land for public made to them and their successors in office, of any quantity of buildings. Time limited for erecting public buildings. land not exceeding two acres, including the scite selected for the locations of the public buildings, to hold in trust for the use of said county for the purpose of accommodating the public buildings to be erected thereon, and for such other purposes as the grand jury or juries of said county with the approbation of the court and concurrence of the commissioners of the county, may and shall from time to time order and direct for the use and benefit of the said county. SECTION 4. The said county commissioners within three years from the passage of this act, shall cause to be erected and completed on the scite fixed upon as aforesaid, a suitable building or buildings for a court house, prison and county offices for the safe keeping of the county records; and as soon as the buildings are erected and completed as aforesaid, the said commissioners and sheriff of the county, shall cause the prisoners (if any) then confined in the old prison to be safely removed to the new prison, and the public papers and records then remaining public papers in the public offices at Bethany, to be safely deposited in the new how disposed building so as aforesaid built and prepared for the reception thereof, and from thenceforth the seat of justice in and for the county of Wayne, shall cease to be at Bethany, and the same shall be removed and fixed at the borough of Honesdale in the Seat of justice said county, and the public offices heretofore kept and the courts changed. of justice heretofore held at Bethany, in and for the said county Prisoners and of of Wayne, shall be kept and held at Honesdale, in the buildings erected for their accommodation as aforesaid. SECTION 5. That the said county commissioners and their successors, be and they are hereby authorised and required to sell at public auction, after due and public notice given, to the highest and best bidder the old court house and prison and all the other real estate in the borough of Bethany, belonging to or held in trust for the said county of Wayne, and on sale thereof to make and deliver good and sufficient deed or deeds for the same to the purchaser or purchasers thereof, and to pay the nett proceeds thereof into the country treasury, to be applied towards defraying the expenses of said county: Provided, that no sale of the said public buildings shall be made until the bond with security as required in the second section of this act shall have been given. Court house &c. how dis posed of. SECTION 6. That for five years from and after the passage of this act the citizens of the borough of Bethany aforesaid, shall Citizens of be extempted from the payment of all taxes levied and assess- Bethany exempted from ed for county purposes, and the commissioners of the said countax for 5 years ty of Wayne shall cause the amount of county tax levied upon Citizens of the citizens of said borough, to be added to the amount of coun- Honesdale to ty tax assessed and levied upon the citizens of the borough of pay the same Honesdale pro rata, and the same shall be collected of and from additional. the citizens of said borough in the same manner as other taxes levied and assessed for county purposes are collected: Provided, that nothing herein contained shall prevent the citizens of Bethany otherwise qualified to vote at any general or special election, from exercising the right of electors; but the payment of the Repealing said tax by the citizens of the borough of Honesdale shall be clause. regarded as the payment of the same by the citizens of the borough of Bethany, on whom the same has been assessed respectively. SECTION 7. That so much of existing laws of this Commonwealth, as is hereby altered, be and the same is hereby repeated. WM. A. CRABB, Speaker of the House of Representatives. CHARLES B. PENROSE, Speaker of the Senate. APPROVED-The fifteenth day of February, one thousand eight hundred and forty-one. DAVID R. PORTER. |