Philadelphia county, or any two of them in the manner directed by the act entitled, "An Act directing sheriffs and coroners t give sufficient sureties for the faithful execution of their officia duties, and for other purposes," passed the twenty-eighth day of March, one thousand eight hundred and three. And upon the execution of the said bond and recognizance, the said Dillaplain Ridgway shall be released and discharged from his obligation aforesaid, and the lien created by the said recognizance so far as its affects, the lands, tenements and hereditaments of the said Dillaplain Ridgway, shall be divested and annulled: Provided always nevertheless, That nothing in this act contained shall be construed to impair or affect any right of action, which may have accrued to the Commonwealth or any individual at the passing of this act, or which may accrue prior to the entering into of such new recognizance and bond, upon the said recognizance and bond, of the said Dillaplain Ridgway, but the same shall remain in full force for the purpose aforesaid, in the same manner as if this act had been not passed. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the fifteenth day of February, in the year one thousand eight hundred and eight. THOMAS McKEAN. Commission CHAPTER XXIX. An ACT to raise by way of Lottery, a Sum of Money for the purpose of finishing the Meeting-House in Wilkesbarre, and for protecting the Bank of the River, opposite the Borough, from the encroachments of the River. SECTION I. 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, ers named. That Ebenezer Bowman, Lord Butler, William Ross, Rosewell Welles, Matthias Hollenback, Matthew Covell, Ebenezer Locum, Thomas Wright, Arnold Colt, Cornelius Courtright, Nathan Sum to be Palmer, Nathan Waller and John Robinson, be, and they are hereby appointed commissioners to raise by way of lottery, the sum of five thousand dollars, to be by them applied for finishing the meeting-house, and for protecting the bank of the river, in the borough of Wilkesbarre, from the encroachments thereof. raised. For what purpose. Commission ers to lay SECT. II. And be it further enacted by the authority aforesaid, That the said commissioners, before they proceed to sell any tickets the scheme in the said lottery, shall lay such scheme thereof before the Go- before the vernor as shall meet his approbation, and shall enter into bonds Governor for with him for the due performance of their duty in selling the tick- his approbaets, drawing the lottery and paying the prizes; and each of them, tion, and furbefore entering on the duties of his appointment, shall take and of the comsubscribe an oath or affirmation diligently and faithfully to perform missioners. the duties hereby entrusted to him; and three or more of said commissioners shall attend at the drawing of each day, and when the whole is completed, shall cause an accurate list of the fortunate numbers to be published in at least three public newspapers; and shall pay and discharge the prizes that shall be demanded by persons legally entitled thereto, within sixty days after the drawing of the lottery shall be completed. counts. &c. SECT. III. And be it further enacted by the authority aforesaid, That the said commissioners be, and they are hereby authorized to set- Authorized tle and adjust all the accounts which may be exhibited by any perto adjust acson or persons legally employed in carrying this act into effect, and that all expences attending the same shall be paid by the said commissioners, out of the proceeds of said lottery: Provided, That nothing herein contained, shall be taken to allow said lottery commissioners any compensation for their services enjoined on them by this act, nor shall any other person for the performance of said services. SECT. IV. And be it further enacted by the authority aforesaid, Limitation That all prizes, not demanded within twelve months next after of time for the publication of the list of prizes, as aforesaid, shall be considered demanding prizes. and deemed as relinquished for the benefit of the objects of the lottery. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the fifteenth day of February, in the year one thousand eight hundred and eight. THOMAS M.KEAN. CHAPTER XXX. An ACT to enable Joseph Marshall and William Marshall, to sell and convey the Real Estate of Andrew Marshall, late of Hamilton Township, Franklin County, deceased. HEREAS it hath been represented that Andrew Marshall of the township of Hamilton, and county of Franklin, died seized of certain lands and tenements, and by his last will and Andrew dec'd, au vey the real testator, within this common testament, did bequeath all his lands and tenements subject to t payment of certain legacies therein mentioned, unto his five son to wit: Joseph, William, Samuel, John and Andrew, them, the heirs and assigns forever. And whereas it appears that it was th intention of the testator, that if a majority of his sons should agre to sell his lands after his decease, that they should have pow to sell and convey the same; but it appears that the intention the testator is not fully expressed in said will, so that doubts hav arisen whether a majority of his sons as aforesaid have sufficier power delegated to them by said will to sell and convey the same And it further appears that Samuel, one of said sons, has sinc died intestate and without issue, and likewise that John, anothe of said sons, has likewise died intestate, leaving lawful issue, to wit Three sons and one daughter, all of whom are minors. And whereas it appears that it would be to the advantage of all the par ties concerned, that said land should be disposed of by sale. And whereas Joseph Marshall, William Marshall and Andrew Marshall the three surviving sons of said Andrew Marshall have prayed the Legislature to authorize the sale of the said lands, agreeable to what appears to have been the intention of the testator: Therefore, SECTION I. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, Two of the and it is hereby enacted by the authority of the same, That it shall and executors of may be lawful for Joseph Marshall and William Marshall, two of Marshall, the executors and surviving sons of said Andrew Marshall deceased, either by public or private sale, to sell and convey all the thorized to right, title and estate, which the said Andrew Marshall, the tes sell and con- tator had at the time of his decease to any lands and tenements, estate of the lying and being within this commonwealth, and the sale and conveyances made by the said Joseph Marshall and William Marshall to any purchaser or purchasers shall be as good and available in law, as if the same had been made by said Andrew Marshall, the testator in his lifetime, the proceeds of which sale shall go in the same manner and proportion and to the same persons or their le gal representatives, as is directed by the last will and testament of the aforesaid Andrew Marshall: Provided, that before the said tors first to Joseph Marshall and William Marshall shall proceed to sell the give securi- said lands, they shall enter into bonds with sufficient surety to faithful exe. be approved of by the orphans court, of the county of Franklin, to cution of the the register of wills, for the said county for the due execution of trust repos- the trust hereby reposed in them, and for the faithful appropriaed in them. tion of the proceeds of the said sale, agreeably to the intention wealth. How the proceeds are to be disposed of. Said execu ty for the ind direction of the testament and last will of the said Andrew Marshall, deceased. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the fifteenth day of February, in the year one thousand eight hundred and eight. THOMAS MCKEAN CHAPTER XXXI, balls, de An ACT to declare Masquerades and Masqued Balls to be Common Nuisances, and to punish those who promote or encourage them. SECT. I. BE E 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 Masquerade masquerades and masqued balls, be, and they are hereby declared and masqued to be common nuisances; and every housekeeper within this com-clared to be monwealth, who shall knowingly permit or suffer a masquerade or common nuimasqued ball to be held or given in his or her house, and every sances. person who shall set on foot, promote or encourage, any masque- Penalty on rade or masqued ball, and every person who shall knowingly attend persons set or be present at any masquerade or masqued ball, in mask or ting on foot otherwise, being thereof legally convicted, in the mayor's court ing masqueof the city of Philadelphia, or in any court of quarter-sessions of rades and the peace, or oyer and terminer and general gaol delivery, shall, masqued for each and every such offence, be sentenced to an imprisonment not exceeding three months, and to pay a fine not exceeding one thousand nor less than fifty dollars, and to give security in such sum as the court may direct, to keep the peace and be of good behaviour for one year. or promot balls. SECT. II. And be it further enacted by the authority aforesaid, That the offences declared in and by the first section of this act, Offenders in shall be prosecuted by indictment, in the following form: to wit, the premises "The grand inquest of the Commonwealth of Pennsylvania, in- to be prosequiring for the upon their caths and affirmations euted by inrespectively, do present, That late of the said on the Form there day of hundred and of dictment. in the year of our Lord, one thousand eight of. diction of this court, did set on foot, promote and encourage a G the public morals, to the common nuisance of all the good citizens of this commonwealth, contrary to the form of the act of Assembly in such case made and provided, and against the peace and dignity of the commonwealth of Pennsylvania;" under which indictment any of the offences, declared in and by the first section of this act, may be given in evidence, as if the same had been therein particularly set forth and described; and no exception shall be allowed to such indictment for insufficiency of form. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the fifteenth day of February, in the year one thousand eight hundred and eight. THOMAS M.KEAN. CHAPTER XXXII. An, ACT to raise by way of Lottery, a Sum of Money for the purpose of erecting a School-house for the use of the joint Lutheran and Reformed Congregations at the Union Church in White-hall Township, in the County of Northampton, and to defray the expences of said Church. SECTION I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assemby met, and it is hereby enacted by the authority of the same, Commission That Daniel Snyder, Frederick Housman, Peter Kern, Michael ers appointed. Deiber, Stephen Balliot, senior and Peter Butz of said county be, and they are hereby appointed commissioners to raise by way of lottery a sum of money not exceeding two thousand dollars, to be by them applied for the purpose of erecting a School-house for the use of the joint Lutheranand Reformed Congregations at the Union church in Whitehall township in said county, and to discharge the expences incurred on their said church. Sum of mo ney to be raised, and how to be applied. the scheme SECT. II. And be it further enacted by the authority aforesaid, Commission- That the said commissioners before they proceed to sell any tickers to lay ets in the lottery aforesaid, shall lay such scheme thereof before before the the Governor, as shall meet his approbation, and enter into bonds Governor for to him for the due performance of their duty in selling the tickets, drawing the lottery and paying the prizes, and each of them bebation, and fore entering on the duties of his appointment, shall take and subgive bond for the due scribe an oath or affirmation, diligently and faithfully to perform performance the duties hereby intrusted to him, and three or more of said comir duty missioners shall attend at the drawing of each day, and his appro |