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SECTION 15. The legislature reserves the right to revoke, Charter may alter or annul the charter hereby granted, at any time they be annulled. may think proper.

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SECTION 16. The president or secretary of the said com- Statement to pany shall, at the end of five years after the date of this Aud. Gen. corporation, and at the end of every year thereafter, transmit to the Auditor General a full statement, under oath, of the Tax on divisaid company, and that the said company shall pay to the commonwealth a tax of eight per centum on all dividends which may exceed ten per centum on the capital stock actually paid.

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Speaker of the Senate.

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

dends.

JOS: RITNER.

No. 86.

An Act

To authorize John L. Radcliff, executor of the last will and testament of Richard Dale, deceased, to sell and convey certain real estate, and for other purposes.

WHEREAS, Richard Dale did on the twenty-first day of Preamble reFebruary, Anno Domini, one thousand eight hundred and lative to the thirty-three, convey to Anthony Tripple, of the city of Phila- sale of Richdelphia, a certain brick messuage or tenement, and lot of ard Dale's ground, situated on the west side of Garden street, between estate. Callowhill and Wood streets, in Penn township, in the county of Phliadelphia; Whereas, said Anthony Tripple, not being able to pay the purchase money for said lot, has conveyed the same to John L. Radcliff, the acting executor of the last will and testament of said Richard Dale, now deceased; And whereas, it has been represented to the legislature that it would be much to the advantage of all persons in interest to have the said lot, with the appurtenances, sold; Therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in Gen

J. L.Radcliff, eral Assembly met, and it is hereby enacted by the authority acting ex'r. of the same, That John L. Radcliff, acting executor of the empowered last will and testament of Richard Dale, deceased, be, and

to sell.

Proviso.

he is hereby authorized and empowered to sell said lot of ground, situate on the west side of Garden street, between Callowhill and Wood streets, in Penn township, in the county of Philadelphia, with the appurtenances thereof, (it being the same that was conveyed to him, the said John L. Radcliff, by Anthony Tripple,) and execute a deed of conveyance for the same to the purchaser or purchasers thereof: Provided however, before any such sale is made, the said executor shall give bond, in the name of the commonwealth, in such sum, and with such security as the Orphans' court, having jurisdiction over his accounts, as executor, shall approve, conditioned for the faithful application of the proceeds of said sale, according to the decree of said court. WHEREAS, Samuel Smith, of Ohio township, Beaver county, was intermarried with a certain Narcissa Bever, to whom John Bever, now deceased, and Lydia his wife, in the Preamble re-life time of the said John, by indenture, bearing date the lative to the fifteenth day of June, one thousand eight hundred and thirreal estate of ty-one, did grant, bargain and sell, unto the said Narcissa, Narcissa wife of the said Samuel Smith, in fee simple, seventy-five Smith & La-acres, or thereabouts, of land, being an undivided part of a vina Bever, larger tract of land, called Belgrove, lying and being situa

sale of the

ted on the waters of Racoon creek, formerly in Washington
county, but now in Beaver county, which said tract was
granted to the said John Bever, by the Commonwealth of
Pennsylvania, by patent, bearing date the twelfth day of
February, one thousand seven hundred and ninety-one, the
residue of the said tract having been sold and conveyed
unto Thomas Adams and Lavina Bever, (sister of the said
Narcissa,) who held as tenants in common with the said
Narcissa, that afterwards, to wit: on the third day of Sep-
tember, A. D., one thousand eight hundred and thirty-two,
the said Samuel Smith, in right of his said wife, and the
said Lavina, in her own right, by articles of agreement be-
tween them and the said Thomas Adams, did agree
to and
with the said Thomas Adams, for the consideration therein
mentioned, to sell and convey to him, the said Thomas
Adams, all the right, title, interest and claim of them, the
said Narcissa and Lavina, of, in and to the said tract or
piece of land; that since the making of said agreement, the
said Narcissa has deceased, leaving three children, in their
minority, all under the age of fourteen years, to wit: John
B., Susan, and Matilda Jane, for whom Hamilton Smith has
been appointed guardian; That the greatest portion of the

purchase money has been paid by the said Thomas Adams, to the said Samuel Smith, but as the death of the said Narcissa, since the making of the said agreement, has rendered him unable to execute a deed to the said Thomas Adams, in fulfilment of the said contract, he cannot collect the balance of the purchase money yet due; Therefore,

Hamilton

Smith, guardian, autho

SECTION 2. Hamilton Smith, the guardian of the aforesaid minor children, be, and he is hereby authorized to carry the aforesaid contract into effect, and for that purpose to make and execute such deeds of conveyance as may be deemed rized to make necessary, upon the payment, or security of the payment of deed. the balance of the purchase money, and interest thereon, if any be due: Provided, That the judges of the Orphans' Proviso. court of Beaver county, upon due examination of the above recited facts, shall be of opinion that said contract ought to be carried into full and complete effect, and shall order and direct such conveyance.

WHEREAS, it has been represented to the legislature, that Preamble rea certain Abraham Dawson, deceased, by his last will and lative to betestament, bequeathed to the inhabitants of West Caln town-quest of ship, Chester county, a certain tract of land, containing Abr'm. Dawthirty-two acres and an half, for the use of the poor of the son, of Ches ter county. said township, on condition of their paying to his executors the price of patenting the same; And whereas, it appears that this condition has been complied with, and that in consequence of the establishment of a county poor house, the poor are supported at the genera! expense of the county; And whereas, an act was passed on the seventh, day of April, one thousand eight hundred and seven, authorizing James M'Clellan and Hugh Thompson, Esquires, to sell and dispose of the said tract of land, with its several rights, privileges and appurtenances, and to pay over the moneys arising from such sale, to the supervisors of the highways of the said township, for the time being, to be placed by them at interest, on mortgage, or other sufficient security, and the interest arising therefrom, to be applied by the said supervisors and their succesors, to the repair of the roads and highways of West Caln township, all of which has been done; And whereas, it is the desire of the cit zens of the aforesaid township, that the moneys aforesaid shall be applied to common school purposes; Therefore,

SECTION 3. The supervisors of the township of West Caln, Money to be in the county of Chester, be, and they are hereby authorized paid over to and required to pay over to the directors of the common the directors schools for the district composed of the township aforesaid, of common on or before the first day of July next, all money or moneys schools. which are now, or may be in their hands, by an act passed

Aud. Gen. to

the seventh day of April, eighteen hundred and seven, to be applied by the said directors to the building or repairing of school houses, or both, or to the purposes of tuition, as to them may seem best.

SECTION 4. That the Auditor General be, and he is heresettle eschea-by authorized and directed to settle and adjust the amount ted estate of of costs and charges which may become due in the case of Robert Man-the alleged escheat of the estate of Robert Manners, deners, dec.

ceased, and to draw his warrant on the State Treasurer, for the amount to be found due in favor of the deputy escheats, on his filing bond, with one good security, for the faithful distribution of the amount of said costs among the persons entitled to the same.

Auditor Ge- SECTION 5. That the Auditor General be, and he is hereneral to fur-by required to furnish copies of all and every record or paper nish copies of on file in his office, on the demand of any person for that records, etc. purpose made, on payment of the fees allowed by law, and

real estate.

that he be authorized to employ an additional clerk, when necessary, at a yearly salary not exceeding seven hundred dollars, which sum is hereby directed to be paid out of any money not otherwise appropriated by law.

SECTION 6. That Henry Fagely, of Berks county, guarH'y. Fagely, guar'n of the dian of William Lauer and Harry Lauer, minor heirs of heirs of Jac. Jacob Lauer, deceased, shall be, and is hereby authorized Lauer, of to sell and convey a certain tract of land in Longswamp Berks co., township, in the county or Berks, containing three acres, dec., authori zed to sell more or less, with the appurtenances, of which the said Jacob Lauer died seized, and the proceeds thereof to apply or invest for the use of the said minors, (saving, the rights of other heirs and creditors of the said deceased,) as the Orphans' court of Berks county shall order and direct: Provided, That the said Henry Fagely, before he shall proceed to sell said land, shall become bound before said court, in such sum and with such sureties as the said court shall require, upon condition, faithfully to execute the powers herein granted: 2d Proviso. And provided further, that before any such conveyance shall be made, the said Orphans' court shall examine the terms of such sale, and approve thereof, and the title of said land shall thereupon vest in the purchaser, for such right as the said deceased was seized of at the time of his decease.

Proviso

Preamble re

WHEREAS, Christian Micksh, of the township of Upper lative to es- Nazareth, in the county of Northampton, became in his lifeMicksh, of time, lawfully seized in his demesne as of fee, of and in a Luzerne co. certain tract of four hundred acres of land, situated on the waters of Black creek, in the county of Luzerne, and also of the equal undivided half part of a certain other tract of four hundred and eight acres and allowance, situated on the head

waters of the Nescopeck creek, in the county of Luzerne, and being so thereof seized, died intestate, leaving issue three children, to wit: Jacob. Joseph, and Rosanna, since intermarried with Henry C. Beitel, one of whom, to wit: Joseph, is since deceased, leaving a widow and two children, who are still in their minority, and have for their guardian John Beitel; Therefore,

powered to

SECTION 7. That facob Micksh and Henry C. Beitel, Admr's. emthe surviving administrators of the said Christian Micksh, sell the predeceased, be, and they are hereby authorized and empowmises. ered to sell, at public or private sale, as they may deem most expedient and proper, the premises aforesaid, and to make and execute a deed or deeds of conveyance to the purchaser or purchasers: Provided, That the administrators. aforesaid, prior to making such sale, shall give bond to the Proviso. Commonwealth of Pennsylvania, in such sum, and with such security as the Orphans' court of the county of Northampton shall direct and approve of, conditioned for the faithful application of the proceeds of sale, according to law.

Guardian of

rized to sell

SECTION 8. That the Orphans' court of Mifflin county, are hereby empowered to make such orders and decrees as will the mor authorize John Peachy, guardian of John Plank, Susanna children of Plank, Michael L. Plank, and Christian Plank, minor child- Ch'n. Plank, ren of Christian Plank, late of Mifflin county aforesaid, to to be authomake sale of the real estate which they hold and possess in real estate. his right, in the township of Menno, in the said county of Mifflin, the same being one messuage and tract of land, containing seventy-seven acres, more or less, with the appartenances, and adjoining land of George Wilson and others," and to make such deed or deeds of conveyance therefor, to the purchasers, as may be good and sufficient, to all intents and purposes, as if the same had been done by the said Christian Plank himself; and also, to make such orders and decrees in relation to the interest of Rebecca Plank, mother of the said minors, in the premises, as in the judgment of the said court may be most for the benefit of the said minors and the said Rebecca, and by securing her interest therein, as in cases of known intestacy, or otherwise: Provided, That before the confirmation of the sale which the said John Peachy may make, pursuant to the orders or decrees of the said Orphans' court, he shall give bond, in such sum, and with such securities as sha1 be approved of by the Orphans' court of the said county, conditioned for the faithful discharge of his duty, and the proper application of the money arising from such sale.

SECTION 9. That David Lintner, of Blacklick township, in the county of Indiana, be, and he hereby is appointed a

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