in court of

Anno Domini, eighteen hundred and thirty-six, relating to roads, highways and bridges.

WHEREAS, certain judgments were entered in the court Preamble re of Common Pleas of Fayette county, viz: number forty-seven, lative to cer- number forty-eight, number forty-nine, number fifty, of tain judgmt's June term, Anno Domini, eighteen hundred and thirty-four, Com. Pleas wherein Basil Brownfield is plaintiff, and John F. Bradof Fayette co. dee is defendant, which are alleged by the said defendant to wherein Basil be paid and satisfied in full; And whereas, the said court of Brownfield Common Pleas have refused to open said judgments upon is pl'ff. and J. the allegation; And whereas, the facts involved in said allegation, and set forth in the petition, on the oath of the said defendant, on record in the said court of Common Pleas, are such as can only be determined by a jury of the country; Therefore,

F. Braddee, is def't.

and issue tri

SECTION 10. The court aforesaid shall order said judgJudgments ments to be opened, and direct an issue to try the alleged to be opened fact of payment, before a jury of said county, in the same manner as causes are at law triable: Provided nevertheless, That the said judgments shall remain liens as security to the said plaintiff, for whatever sum should be found due to him, should he recover any thing thereon.

ed.

SECTION 11. All orders or precepts of the court aforesaid, Stay of pro shall be stayed until the question of payment aforesaid, shall ceedings. be determined by a jury, as aforesaid, and all sales, should any be made on the said judgments, of the real or personal estate of the said defendant, shall be void, until the facts alleged in the said petition of the said defendant, shall be tried by a jury, as aforesaid: Provided, That all expenses of said sale shall be defrayed by the said defendant; and should the said jury, on the question aforesaid, find for the said defendant, then such sales to be void and of no effect, but if the said jury should find otherwise, then the said sales to remain in full force and effect.

Proviso

Prot'y, to SECTION 12. The Prothonotary of Fayette county is make a list hereby authorized and directed to make a list of thirty-six of 36 citizens reputable citizens of said county, or such other number as may be agreed upon by the parties, from which the parties, by themselves or counsel, shall strike one name alternately, beginning with the plaintiff, until there shall be left twelve persons, who shall try the issue aforesaid.

12 of whom to try the issue.

SECTION 13. Should the judges of the court of Common Date't. Judge Pleas of Fayette county decline, or refuse to try the issue of Pittsburg aforesaid, the District judge of the city of Pittsburg, in the authorized to county of Allegheny, be, and he is hereby authorized and under certain empowered to hold a special court at Uniontown, in the provisions. County aforesaid, at such time as the said judge may order

hold spe'l, ct.

and appoint: Provided, That the said court shall be holden Proviso. on or before the first day of January, eighteen hundred and

thirty eight.

LEWIS DEWART,

Speaker of the House of Representatives.

J. R. BURDEN,

Speaker of the Senate.

APPROVED-The first day of April Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER.

No. 64.

An Act

To annul the marriage contract of Archibald Darragh and Cordelia his wife.

SECTION 1. Be it enacted by the Senate and House of Re- · presentatives 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 by and between Archibald Darragh of the city of Pittsburg, and Cordelia his wife, be, and the same is hereby annulled and made void, and the parties released and discharged from the said contract, and from all duties and obligations arising therefrom, as fully and effectually, and absolutely, as if they never had been joined in marriage.

LEWIS DEWART,

Speaker of the House of Representatives.
J. R. BURDEN,

Speaker of the Senate.

APPROVED-The first day of April, Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER.

No. 65.

An Act

To annul the marriage contract of Thomas J. Walsh, and Sarah J. his wife.

SECTION 1. Be it enacted by the Senate and House of Re presentatives 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 by and between Thomas J. Walsh, and Sarah J. his wife, be, and the same is hereby annulled and made void, and the parties released and discharged from the said contract, and from all duties and obligations arising therefrom, as fully and effectually, and absolutely, as if they never had been joined in marriage. LEWIS DEWART,

Speaker of the House of Representatives.
J. R. BURDEN,

Speaker of the Senate. APPROVED-The first day of April, Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER..

Gratuities

No. 66.

An Act

For the relief Henry Thomas, and other soldiers and widows of soldiers of the Revolutionary and Indian wars.

SECTION 1. Be it enacted by the Senate and House of Reand annuities presentatives of the Commonwealth of Pennsylvania, in Gen of $40 each eral Assembly met, and it is hereby enacted by the authority to H. Thom- of the same, That the State Treasurer be, and he is hereby as and other authorized and required to pay to Henry Thomas and Ebesoldiers, &c. nezer Williams of Fayette county, Isaac Sadler and Peter Dych of Westmoreland county, and Samuel Crawl of Allegheny county, soldiers, and Ann Cook of York county, Sarah Chambers, Elizabeth Shannen, and Elsy Grubb of Allegheny county, widows of soldiers, of the revolutionary

war, and to Peter Gordon, Samuel Miller, William Holladay and Samuel Lyons of Indiana county, soldiers of the Indian war, a gratuity of forty dollars to each immediately, and an annuity of forty dollars to each during life, payable half yearly, to commence on the first day of January, in the year one thousand eight hundred and thirty-seven; the above gratuities and pensions to be paid in conformity with the existing laws.

SECTION 2. That Daniel Repine of Indiana county,. Gratuity and hereby appointed guardian to receive and pay over to the annuity of use of William Holladay, the gratuity and annuity herein $40 each to before granted to the said William Holladay, and in case of Wm. Hollarefusal, death, or resignation of Daniel Repine, the court of day, to be paid to his Common Pleas of Indiana county is hereby authorized and guardian., required to appoint a successor, from time to time, during' the life of the said Holladay.

SECTION 3. The State Treasurer be, and he is hereby Gratuity of authorized and required to pay to Jane Dawson of Juniata $40 to Jane county, or her order, forty dollars immediately, in full for Dawson.. her former husband's revolutionary services.

Gratuities

SECTION 4. The State Treasurer be, and he is hereby authorized and required to pay unto Jacob Nagle of Lancaster county, William Boyd of Chester county, Nicholas Correll of Columbia county, and Mary Werstler of Mont- and annuities gomery county, soldiers, and a widow of a soldier of the of $40each to revolutionary, and John Mcllney of Bedford county, Jo-Jacob Nagle seph Taylor of Fayette county, and William Stealy of and others, soldiers, &c. Allegheny county, soldiers of the Indian war, or their spective orders, forty dollars to each immediately, as a gratuity, and an annuity of forty dollars each during life, to be paid half yearly, commencing on the first day of January, one thousand eight hundred and thirty-seven.

re

SECTION 5. The State Treasurer be, and he is hereby au-Gratuity of thorized and required to pay to Margaret Laughery of Arm- $40 to Marstrong county, a widow of a soldier of the Indian war, or to garet Laughher order, forty dollars immediately, in full for the services ery, widow of rendered by her husband in the Indian war; the foregoing a soldier, &c. pensions and gratuities to be paid in conformity with the existing laws..

LEWIS DEWART..

Speaker of the House of Representatives.

AR. BURDEN,

Speaker of the Senate.

APPROVED-The first day of April, Anno Domini, one thousand eight hundred and thirty-seven.

JOS: RITNER..

ses made

valid.

No. 67.

An Act

To confirm and render valid the proceedings of the District court for the city and county of Philadelphia, in actions of partition heretofore instituted in the said court, and to make good and valid certain acknowledgments of Sheriff's deeds, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of ReJudgments in certain ca-presentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That in all actions of partition in cases of intestate's estates, which have heretofore been instituted in the District court for the city and county of Philadelphia, where judgments quod partitio fiat have been entered, all the proceedings therein shall be considered and taken as valid and effectual, as if the said court had had jurisdiction of the same; and in all such cases where further proceedings are necessary, that the said court shall have full power and authority to complete the same, by sale, partition or otherwise, as fully and effectually as any other court may by law do.

Power of District court.

riff's deeds

Former acSECTION 2. That all Sheriff's deeds acknowledged in knowledge open court prior to the first day of December last, in conments of she-formity with the laws and usages which were in force immemade valid. diately preceding the passage of the act of assembly entitled "An act relating to Executions," passed the sixteenth day of June last. shall be, and are hereby declared to be as good, valid and effectual, as if they had been made in conformity with the provisions of the said last act of assembly.

Preamble re

real estate of

in trust, &c.

WHEREAS, Thomas Willing, late of the city of Philalative to sale delphia, by indenture duly executed, on the tenth day of of certain June, one thousand seven hundred and ninety-six, and reThos. Wil corded on the twenty-second day of July, one thousand Jing, late of eight hundred and one, in the office for the recording of Phil'a. dec., deeds of the city and county of Philadelphia, in deed book E. F., page two hundred and forty-four, &c., did grant and convey to George Willing twelve several ground rents or rent charges in the city of Philadelphia, in trust for Abigail Willing, now Abigail Willing Peters, wife of Richard Peters, during her natural life, and after her decease to such child or children of the said Abigail as may be then living, and as shall arrive at the age of twenty-one years, their heirs and assigns, forever; and in case the said Abigail shall