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Proviso.

No. 32.

An Act

For the relief of the heirs of John M'Daniel, deceased.

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 State Treasurer be, and he is hereby authorized and required to pay to the heirs of John M'Daniel, late of Warren county, in the state of Ohio, deceased, or to their order or orders, two hundred dollars, in full for a certain tract of donation land, situate in the tenth district of donation lands, and numbered two thousand one hundred and forty-two, containing two hundred acres, and allowance, of six per cent. for roads, which was granted to Patrick Murray, in consideration of the services rendered by him in the army of the United States, and whose right and interest became legally vested in the said John M'Daniel, deceased, and which said tract of land fell within the state of New York, upon the line being run between that state and the state of Pennsylvania: Provided, That the said heirs of said John M'Daniel, deceased, shall first deposit in the Land Office their title papers, and a release thereof.

LEWIS DEWART,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The seventh day of March, one thousand

eight hundred and thirty-seven.

JOS: RITNER.

No. 33.

An Act

For the relief of the heirs of Alexander White.

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 the State Treasurer be, and he is hereby authorized and required to pay to the heirs and legal representatives of Alexander White, late of the county of Cumberland, a soldier of the revolutionary war, two hundred dollars, in lieu of a tract of donation land, due to him for his revolutionary services, upon due proof being made, to the satisfaction of the State Treasurer, of their being the legiti mate and legal heirs of the said Alexander White.

LEWIS DEWART,

Speaker of the House of Representatives.
THOMAS S. CUNNINGHAM,

Speaker of the Senate.

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

JOS: RITNER.

No. 34.

An Act

To authorize the Trustees of the University of Pennsylvania to sell and convey certain real estate, and for other purposes.

Preamble.

WHEREAS, By deed dated the first day of February, in the year of our Lord one thousand seven hundred and fortynine, a lot of ground on the west side of Delaware Fourth street, between High and Mulberry streets, in the city of Philadelphia, containing in front on Fourth street one hundred and fifty feet, and in depth one hundred and ninetyeight feet, was conveyed by Edmond Woolley and others, to William Lawrence and others, for uses and trusts, and subject to the agreement following, to wit: "That in and upon "the said ground, building and premises, shall be erected, "placed, founded, established, or kept by the said James "Logan, &c. a house or place of public worship, and also, "one free school, for the instructing, teaching, and educa"tion of poor children, and that the said James Logan, &c. "and the survivors of them, and the assigns of such survi vor, shall have full power, license and authority, at their will and pleasure, from time to time, and at all times here after, to nominate and appoint to be taught and instructed therein, such number of poor children as shall be suitable

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"to the funds they shall have in their hands for that pur-
pose, and to choose a committee of their number yearly,
"to take special care of the said school, and likewise to
"nominate and appoint one or more learned, able and suffi-
"cient person or persons, as master or masters, usher or
"ushers, mistress or mistresses, to teach and instruct the said
"children gratis, in useful literature and the knowledge of
"the Christian religion, and likewise, from time to time to
"introduce such preacher or preachers, whom they shall
"judge qualified to preach and teach the word of God oc-
"casionally in the said place of public worship, but yet so as
"no particular sect be fixed there as a settled congregation,
"and shall at all reasonable times permit and suffer, in his
"reasonable turn, any regular minister of the Gospel to
"preach in the house or place on the premises, which shall
"be set apart for public worship, who hath signed, or shall
"hereafter sign, certain articles of religion annexed to the
"deed, and whom they shall moreover judge to be otherwise
"duly qualified as above, and particularly shall permit the
"free and uninterrupted use of the said place of worship to
"the Reverend George Whitfield, whenever he shall happen
"to be in the city and desire to preach therein :" And
whereas, the said lot is now vested in "the trustees of the
University of Pennsylvania" who are desirous of selling a
part thereof, reserving so much as may
be necessary
for the
fulfilment of the said trust; Therefore,

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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 "the trustees of the University of Penn Trustees ausylvania" be, and they are hereby authorized and empowered thorized to sell and conto sell and convey, or let on ground rent, the said lot of vey, or let on ground on the west side of Delaware Fourth street, between ground rent, High and Mulberry streets, in the city of Philadelphia,

a lot of ground.

Proviso.

except a portion thereof on the western end, fifty-six feet in width by seventy-nine feet in depth, by public or private sale, as they may deem advisable, and to make good and sufficient deeds of conveyance therefor, to the purchaser or purchasers thereof, in fee simple or otherwise: Provided, That out of the proceeds arising from such sale, such part thereof as may be necessary shall be devoted and applied by the said "the trustees of the University of Pennsylvania," to the erection of the necessary buildings on the portion of the said lot on the western end, fifty-six feet in width by seventy nine feet in depth, which said lot and the buildings thereon to be erected, shall be held by the said "the trustees of the University of Pennsylvania," in trust for the

uses, intents and purposes expressed in the deed aforesaid: And provided further, That the part or parts of the said lot 2d Proviso. so sold and conveyed, shall be taken and held by the purchaser or purchasers discharged from the trusts aforesaid, and without any liability on the part of such purchaser or purchasers as to the application of the purchase money.

WHEREAS, By an act of assembly passed the nineteenth of March, in the year one thousand eight hundred and seven, the commonwealth granted the sum of three thousand dollars to the trustees of the University of Pennsylvania, for the purpose of enabling them to establish a garden for the im- Preamble. provement of the science of botany, and for instituting a series of experiments to ascertain the cheapest and best food for plants, and their medicinal properties and virtues: And whereas, By the increase of private botanical gardens in and near to the city of Philadelphia, the objects to be obtained by the application of the above fund are already in a great measure accomplished, and by the efforts which the said trustees have made to extend the system of instruction, and to increase the usefulness of the said institution, they are annually subjected to heavy charges, which, with their present limited income, they find it difficult to meet; Therefore,

SECTION 2. That the trustees of the University of Penn- Trustees to sylvania be, and they are hereby authorized to apply the apply the fund now held by them in trust as aforesaid, to the general fund. purposes for which they are incorporated.

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SECTION 3. That William Gray, M. D. of the borough of Sale of Chester, in the county of Delaware, guardian of William Gray's Fery G. Palmer, and Moses G. Palmer, minor children of Mar- authorized. tha G. Palmer, (late Martha Gray,) deceased, and Lewis Clark, of the township of Passyunk, guardian of Rebecca M. Clark, Anne G. Clark, Elizabeth L. Clark, Sarah L. M. Clark, George M. Clark, and Harriet M. Clark, minor children of Sarah L. Clark, (late Sarah L. Morton,) deceased, and Robert Taylor of the city of Philadelphia, guardian of James Taylor, George L. Taylor, William J. L. Taylor, John Taylor, Henry J. Taylor, and Samuel L. Taylor, minor children of Elizabeth C. Taylor, (late Elizabeth C. Leiper,) deceased, be, and they are hereby severally authorized and empowered to sell, either at public or private sale, and at such time or times as they shall think best, to the Philadelphia, Wilmington and Baltimore Railroad company, all the undivided shares and purparts, estates, rights, titles and interests of the said minor children, by them the said guardians so represented, respectively, of, in and to the Gray's Ferry, so called, across the river Schuylkill, in the county of Philadelphia, and of, in and to a part of the lands

Proviso.

2d Proviso.

and tenements, appurtenances thereto, in the townships of Passyunk and Kingsessing, in the said county, the said Ferry and land being part of the estate formerly belonging to George Gray, deceased, and now held by the said minor children as tenants in common, with others having title under the said George Gray, and to make, execute and deliver good and sufficient deeds to said purchasers, of the same and several parts and parcels thereof, which deeds, when made and executed by either of the said guardians, and proved and acknowledged according to law, shall be valid and effectual to pass and vest in the purchasers all the estate, right, title and interest in the premises thereby conveyed, of the minor children above named, by such guardian represented: Provided, That before any such deed or conveyance shall be made and executed by such guardian, he shall enter into a recognizance, with sufficient surety, before the Orphans' court of the county of Philadelphia, condition-, ed for the faithful application of the proceeds of such sale, to the use of the minors therein named, by him represented, in such manner, and on such terms as the said court shall direct: And provided also, That in the case either of the said guardians shall die or be removed, or shall otherwise vacate his said office of guardian, in such case the powers and authority by this act conferred, shall be deemed to extend to, and be vested in such guardian or guardians as may by the said Orphans' court be legally appointed and constituted to succeed him.

LEWIS DEWART,

Speaker of the House of Representatives.
THOMAS S. CUNNINGHAM,

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

JOS: RITNER.

No. 35.

An Act

To authorize John B. McPherson and Moses McClean to convey certain real estate and other property, and for other purposes.

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

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