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the borough individuals or companies, shall, for the purpose of raising borough of Beaver taxes, be assessed and taxed in the same manner as other pro. prescribed.
perty is taxable, under the act to which this is a supplement, but the collection of borough taxes already laid, or that may hereafter be laid or assessed on unseated town or out-lots shall
not be enforced by sale of such lots until after the expiration of Notice to be twelve months from and after the same shall have been assessed; given of as- and until notice be given by the town council for four successive sessments.
weeks, in three weekly newspapers printed in Washington and Allegheny, and in Beaver, if any there be, and notice thereof given for the space of four weeks, in two daily papers published in the city of Philadelphia, that one, or more than one year's tax is due upon the unseated town and out-lots in said borough, and if any tax now due, or that may become due as aforesaid,
together with the costs necessarily accrued thereon, shall for the If the taxes space of three months after such notice shall have been given, remain un.
remain unpaid, then in every such case, the town council shall paid three
issue their warrant under their hands and seal, directed to the months after notice, a sale sheriff or coroner of the county of Beaver, commanding him, shall be held, after having given within Beaver county, at least thirty days no
tice in one newspaper printed in Beaver county, or if there be no Notice newspaper printed in said county, then in one printed nearest whereof to thereto, and by written or printed advertisements set up in at be given,
least three public places in said county, one of which shall be at the court house, stating that the sales of unseated lots for arrearages of borough taxes will commence on a certain day to make public' sale of the whole or any part of such unseated lots as he may
necessary for the payment of the taxes due thereon respectively, and of all costs necessarily accrued thereon by reaSheriff to son of such delinquency, and to make and execute a deed or ipake and
deeds in fee simple, to the purchaser or purchasers of any unexecute a
seated lots so sold, and the same in open court of common pleas, deed.
duly to acknowledge, and it shall also be the duty of the said Bond to be sheriff or coroner to take from such purchaser or purchasers of takeng lots in his own name, a bond, with warrant of attorney annexed,
for any surplus money that may remain after satisfying and paying the taxes and costs aforesaid, and the same bonds forthwith to file in the office of the prothonotary of the county, together with at least one attested copy of the above advertisement which shall so as aforesaid by him have been set up.
Sect. II. And be it further enacted by the authority aforesaid, What shall be evidence
That it shall be the duty of the town council to file in the proof publica. thonotary's office aforesaid, one at least, of such of the newstion, papers in which they shall have published their general notice,
which newspaper so filed together with the affidavit of at least one of the printers aforesaid, and an affidavit of one of the printers in the city of Philadelphia, that the aforesaid notice was pub'lished in the usual number of his papers, and the advertisement
of the sheriff or coroner filed as aforesaid, shall, at all times thereafter, in any trial at law or in equity, respecting the validity within what of sales made by virtue of this act, be deemed and taken as suf- time actions,
ficient evidence of legal notice having been given of the sales &c. may be ¿ hereby directed to be made, and no action for the recovery of brought.
said lots shall lie, unless the same be brought within five years after the sale thereof for taxes as aforesaid ; Provided always, That Proviso as to where the owner or owners of such lots sold as aforesaid, shall at minors &c.. the time of such sale be minor or minors, or irsane, or not residing within the United States, then five years after such disability is removed, shall be allowed, such person or persons, their heirs or legal representatives, to bring their suits or action for the recovery of the lots so sold : And where the recovery is effected, in such cases the value of the improvements made on the
lots so sold, after the sale thereof shall be ascertained by the jury - trying the action for recovery, and paid by the person or persons s recovering the same, before he, she, or they shall obtain possession of the land so recovered.
Sect. III. And be it further enacted by the authority aforesaid, That the bond or bonds taken by the sheriff or coroner for the Bonds taken e surplus money, and filed as aforesaid, shall, from the date of the by the Sher-ar deed by him executed as aforesaid, bind as effectually and in like iff, &c. to be
a lien upon in manner as judgments, the lands by him sold, into whose hand lands, be or possession soever they may come, and the owner or owners of Te the said lands, their heirs, or other legal representatives, may at
Mode of res na any time within ten years after such sales, cause actions to be en
covering ti tered on the docket of the said prothonotary, in the name of surplus mored the sheriff or coroner for the use of the said owner or owners,
nies. Të their heirs, or other legal representatives, and if the monies de contained in such bond or bonds, together with the legal interE est from the time it is demanded, be not paid within three months le after such entry, execution shall issue forthwith for the recovery of the same. Sect. IV. And be it further enacted by the authority aforesaid,
Return of un. That it shall be the duty of the constable or collector of the said seated lots to taxes, to make a return of such unseated lots to the borough trea- be made by surer, upon oath or affirmation, which depositions shall be deemed the constable and taken as prima facin evidence of such lot or lots being unseated in the trial of any action that may be brought for the recovery of the same, and that sales of such lots for borough taxes that are now due, or may hereafter become due, made' agreeably to the directions of this act, shall be in law and equity, valid and effectual to all intents and purposes, to vest in the purchaser or purchasers of lots sold as aforesaid, all the 'cstate and interest therein, that the real owner or owners thereof had at the time of such sale,
although the lots may not have been taxed or sold in the name of the real owner thereof.
JOHN WEBER, Speaker
of the House of Representatives.
P. C. LANE, Speaker of the Senate. APPROVED—the twenty-first day of February, one thousand eight hundred and ten.
An ACT relating to the patenting of lands.
of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, The act of
That all the provisions of the first section of the act, entitled April 1305 “ An act to encourage the patenting lands, and for other purrevived and poses;" passed the fourth day of April, one thousand eight hun. extended un- dred and five, shall be, and the same hereby are re-enacted and til Novem ber, 1811.
continued until the first day of November, in the year one thousand eighthundred and eleven, and no longer.
Sect. II. And be it further enacted by the authority aforesaid, The act đi. That so much of the act, entitled “ An act directing the mode recting the of settling accounts in the land-office, and to prevent frauds in ling accounts obtaining warrants for land;” passed the thirteenth day of April, in the land one thousand eight hundred and seven, as directs the receiveroffice, &c.
general of the land-office, on the settlement of any account suspended for monies due on lands within the purchases made of the Inber 1811. dians, in and prior to the year one thousand seven hundred and
sixty-eight, to ascertain the amount of principal and interest due at the time of passing said act, and upon the aggregate amount so found due, to charge interest until the amount of the account, is discharged, be, and the same is hereby suspended until the aforesaid first day of November, in the year one thousand eight hundred and eleven, and no longer, until which time patents may be granted upon paying, or securing by mortgage, the purchase money due, with interest on the principal sum, only to the time of such payment or execution of such mortgage.
Sect. III. And be it further enacted by the authority aforesaid, Who mort. That any mortgage or mortgages under the said act, may be exgages may executed by.
ecuted by any duly constituted trustee or 'trustees holding lands, or by the guardian or guardians of minors duly appointed, or by executors to whom the sale or disposal of the land to be mort
gaged, is given by the last will and testament of their testator, And who the and patents may be received by them respectively, for the use same may be
and benefit of those entitled, and any mortgage in pursuance of acknowledsaid act, may be acknowledged before the secretary of the land-ged before. office, or magistrate authorized to receive the acknowledgment of deeds. Sect. IV. And be it further enacted by the authority aforesaid,
mortgage may be executed and acknowledged by Mortgages attorney duly constituted by letter of attorney, and such letter may be exe
euted by atof attorney, the same being duly acknowledged before
torney. the judges of the supreme court, or before any president or associate judge of any court of common pleas in this state, or be. Before
whom, fore any justice of the peace of the county in which the land may lie, shall be filed in the office of the secretary of the landoffice, a copy whereof, and also a copy of any such mortgage be.
Copies of ing duly certified under the seal of said office shall, in all cases, be said mortgaas legal and sufficient evidence as the originals themselves might ges to be evi
dence. or could be.
Sect. V. And be it further enacted by the authority aforesaid, That any person or persons who have executed, or hereafter Mortgagors led shall execute
any such mortgage, his or their heirs, executors, may at any u administrators or assigns, may at any time before the days of principal and
payment be permitted to pay the whole amount of principal and interest, &c, en interest to that time, in full discharge of any such mortgage: on Provided nevertheless, That said mortgagor or mortgagors, his or Or any part
their heirs, executors, administrators or assigns, may at any time thereof.
before the day or days of payment, be permitted to pay a lesser Dui number than the whole of the instalments to become due, and a in deduction of so much interest as would have accrued
said instalments, if not discharged previously to the time or times
when they were respectively made payable, and he or they may I have an acquittance indorsed on the mortgage for such instal13 ment or instalments so as aforesaid paid. ni Sect. VI. And be it. further enacted by the authority aforesaid,
Duties en That it shall be the duty of the prothonotaries of the city of joined on thie
Philadelphia, and in each and every county of this common- several pro* wealth, to read, or cause to be read, in open court, this act, and thonotaries: be the act to which this has reference, on the third day of each and
every term for the space of one year, in order that the citizens may have full information of the provisions in these acts contained.
JOHN WEBER, Speaker
of the House of Representatives.
P. C. LANE, Speaker of the Senate. F APPROVED—the twenty-first day of February, one thousand eight hundred and ten.
vernor of this commonwealth to incorporate a company for making an
legislature by the president, managers and company of the Bustleton and Smithfield turnpike road, that from the reduced price of their stock they are unable to raise adequate subscriptions to complete their road within the time limited by law, and it is found by experience that the artificial part of said road is wider than necessary for the travelling thereon, and that by affording more room for improving the side roads, there would result not only a saving to the company, but a benefit to the public: Therefore,
Sect. I. BE it enacted by the Senate and House of Represeria tatives of the Commonwealih of Pennsylvania in General As
sembly met, and it is hereby enacted by the authority of the same, Part of a foc.
That so much of the ninth section of the act, entitled « An pealed infa. act to enable the governor of this commonwealth, to incorpor
ate a company for making an artificial or turnpike road from the turnpike intersection of the Bristol and Newtown Roads at the rock in road compa. Oxford, through Bustleton and Smithfield, in the county of
Philadelphia, to the Buck tavern in Southampton, in the county of Bucks," as requires the artificial part of said road, to be more than twenty feet in width, be, and the same is hereby repealed.
Sect. II. And be it enacted by the authority aforesaid, That Time for completing
the time for completing said road be extended seven years, road from from and after the passing of this act, reserving to the company
all the rights, privileges, liberties and franchises for carrying on Philadelphia
and completing said road within the extended time in as ample a. county extenderi sev. manner as they now enjoy them.
JOHN WEBER, Speaker
of the House of Representatives.,
P. C. LANE, Speaker of the Senate. APPROVED-the twenty-first day of February, one thousand eight hundred and ten,
mer law re.
your of a