CHAPTER CLXXII. An ACT to annul the marriage of Samuel Rose, junior, and WHEREAS it has been satisfactorily proved to the legislature, that Sarah Rose, late Sarah Coulter, was on the thirteenth day of September, anno Domini, one thousand eight hundred and ten, lawfully married to Samuel Rose, jun. of Westmoreland county; And also, that the said Samuel Rose, jun. at a court of Oyer and Terminer, &c. held at Greensburg, in and for the county aforesaid, on the first day of July, anno Domini, one thousand eight hundred and eleven was convicted of burglary and stealing the mail of the United States, for which crime he was sentenced to forfeit his lands and tenements, goods and chattels to the commonwealth and that he should be imprisoned in the jail and penitentiary house of Philadelphia, for the term of ten years, two of which he is to be confined in some of the solitary cells of the said jail, and penitentiary, where he now remains; And whereas, it would appear proper under these circumstances to grant the said Sarah a divorce: Therefore, contract of SECT. 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, That Marriage the marriage contract entered into by the said Samuel Rose, Samuel Rose junior, and Sarah his wife, late Sarah Coulter, be and the and Sarah his same is hereby annulled and made void, and the parties re- wife, declarspectively set free and discharged from the said contract, and ed to be null from all duties and obligations arising therefrom, as fully, ef- and void. fectually, and absolutely as if they had never been joined in marriage. JOHN TOD, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the thirty-first day of March, one thousand eight hundred and twelve. SIMON SNYDER. CHAPTER CLXXIII. An ACT to authorize the sale of the real estate of William O'Harra, a minor. WHEREAS it is represented to the legislature, that Benjamin Johnston,* late of Lower Chichester, in the county of Delaware, deceased, was in his lifetime seized of a certain real estate which has been divided among his legal representatives by order of the orphan's court, and the part assigned to William * Johnton in the original. The guardian of William O'Harra, a minor, empowered to sell and convey certain estate. Proviso. O'Harra, a minor, under the age of fourteen years, hath to pay about three hundred dollars to the other representatives, that it is out of repair and unproductive; and his guardian John L. Pearson hath presented his petition, praying that an act might be passed to authorize the sale and conveyance of the land adjudged to said William O'Harra, and on investigation it appears manifestly for the interest of said, minor, that the prayer of the petitioner should be granted: Therefore, SECT. 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, That John L. Pearson, guardian of William O'Harra, a minor, or such other guardian as shall hereafter be appointed for said minor, is hereby empowered to sell and convey for the highest and best price that can be had for the same, at public or private sale, all that lot of land situate in the township of Lower Chichester, in the county of Delaware, bounded by lands of Erasmus Morton, Isaac Doutton, David Coburn, and Andrew Tarton, containing thirty-one acres and make such deed or other conveyance as shall sufficiently secure to the purchaser all the right, title, and interest, of said minor, in and to the same as fully and effectually as he could do were he of full age, and personally acting in the business; and the money arising from such sale to be appropriated as follows, first to the payment of all the legal demands against said land, and the residue shall be, by the guardian aforesaid or his successor, placed out at interest, on good real security, for the benefit of said minor; Provided, that the said guardian before he proceeds to sell and convey the same, shall enter into recognizance with sufficient security to be approved of by the judges of the orphans' court for the due and faithful perforinance of the trust and powers hereby granted. JOHN TOD, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the thirty-first day of March, one thousand eight hundred and twelve. SIMON SNYDER, CHAPTER CLXXIV. An ACT to enable the governor to incorporate a company, to make an artificial road from Gettysburg to the western end of Miller's town, in Adams county. SECT. 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 saxe, That ers appointed, William Maxwell, John Morphy, Alexander Mack, Willm Miller, Commission of Adams county; and John Johnston, and Philip Reed, of Franklin county, be and they are hereby appointed commissioners, to do and perform the several things hereinafter mentioned, that is to say, they shall, on or before the first Monday in June next, procure two books, and in each of them enter as follows: "We Books to be whose names are hereunto subscribed, do promise to pay to the procured; enpresident, managers, and company, of the Gettysburg and Miller's try there. town turnpike road, the sum of one hundred dollars for every share of stock in the said company set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers of the said company, in pursuance of an act of the general assembly of this commonwealth, entitled "An act to enable the governor to incorporate a company for making an artificial road from Gettysburg to the western end of Miller's town, in Adams county.' "Witness our hands the day of opening the ers to attend. Who may subscribe. ; one thousand eight hundred and and shall thereupon give notice, in one newspaper printed in Chambersburg, and one in Gettysburg, and elsewhere, if Notice of occasion may require, for one calendar month at least, of the books, to be times and places when and where the said books shall be kept given. open to receive subscriptions for the stock of the said company, at which respective times and places some two of the said com- Two of the missioners shall attend, and permit, and suffer all persons of law- commissionful age who shall offer to subscribe in said books, in their own name or in the names of any other persons who shall duly authorize the same, for any number of shares in the said stock, and the said book's shall be kept open respectively for the pur books may be How long the pose aforesaid, at least six hours in every juridical day for the kept open. space of six days, or until the said books so opened at Gettysburg shall have two hundred shares therein subscribed, and if at the expiration of the said six days, the books aforesaid shall not have the number of shares aforesaid therein subscribed, the said Of adjourncommissioners may adjourn from time to time and transfer the ments. said books from Gettysburg, elsewhere, until the whole number of shares shall be subscribed; of which adjournments and transfer the commissioners aforesaid shall give such public notice as the occasion may require; and when the whole number of shares subscribed in the said books shall amount to two hundred, the same shall be closed; Provided always, that every person offer- shares are ing to subscribe in the said books in his own or any other name, subscribed shall previously pay to the attending commissioners, the sum of the books to five dollars for every share to be subscribed, out of which shall be defrayed the expense attending the taking such subscriptions Five dollars to be paid on and other incidental charges, and the remainder shall be paid each share over to the treasurer of the corporation as soon as the same shall be organized, and the officers chosen as hereinafter mentioned. for. Notice to be given. When two hundred be closed. subscribed When fifty shares are subscribed for com mission the same to the governor. Who shall is sue his letters patent. SECT. II. And be it further enacted by the authority aforesaid, That when twenty persons or more shall have subscribed fifty shares of the said stock, the commissioners shall certify under their hands and seals the names of the subscribers, and the numbers of shares subscribed by each, to the governor, and thereers to certify upon it shall and may be lawful for the governor, by letters patent under his hand and the seal of state, to create and erect the subscribers, and if the said subscription be not full at the time, then also those who shall afterwards subscribe to the number aforesaid, into one body politic and corporate in deed and in law, by the name, style, and title of " The president, managers and company Style of the of the Gettysburg and Miller's town turnpike road ;" and by the corporation. said name the subscribers shall have perpetual succession, and all Its privileges the privileges and franchises incident to a corporation; and shall be capable of taking and holding their said capital stock, and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent of this act; and of purchasing, taking and holding to them, and their successors and assigns, and of selling, transferring and conveying, in fee simple or for any less estate, all such lands, tenements, hereditaments, and estate, real and personal, as shall be necessary to them in the prosecution of their works; and of suing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do. and fran chises. Notice to be given of organizing the company. SECT. III. And be it-further enacted by the authority aforesaid, That the commissioners aforesaid, as soon as conveniently may be after said letters patent shall be sealed and obtained, shall give notice in one newspaper in Gettysburg, and one in Chambersburg, and elsewhere, if occasion may require, of a time and place by them to be appointed, not less than twenty days from the publication of the first notice, at which time and place the said subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes of the said subscribers, by ballot, to be delivered in person or by proxy, duly authorized, one president and six managers, one treasurer, and such other officers as they shall think necessary to conduct the business of the said company for one year, and until such other officers shall be chosen; and the said managers so chosen, and their successors, shall and may make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of the United States or of this state, as shall be necessary for the wellordering the affairs of the said company; and generally have like Power to sur- powers, authorities and privileges, necessary for carrying on and completing the said turnpike road; and shall have power to survey, lay down, mark, and fix such route, beginning at the end of ninety-one perches from the court-house, in the borough of Officers to be chosen. Managers to make bylaws, &c. vey, &c. Gettysburg, on the Gettysburg and Chambersburg turnpike road, and ending at the western end of Millerstown, and be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, and be entitled to like tolls and profits in proportion of tolls. to the distance as are given and granted to the president, managers and company, of the Susquehanna and York Borough turn- Proviso. pike road; Provided, that if the company shall not proceed to carry on the said work in three years after the passing of this act, or shall not within seven years afterwards complete the said road according to the true intent and meaning of this act, then in either of these cases, all and singular the rights, liberties and franchises, hereby granted to the said company, shall revert to this commonwealth. JOHN TOD, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate, APPROVED the thirty-first day of March, one thousand eight hundred and twelve. SIMON SNYDER. CHAPTER CLXXV. An ACT authorizing Robert Allison, to convey a tract of land therein mentioned. WHEREAS it has been represented to the legislature, that Agness Simpson was seized of a certain tract of land in Centre township, Indiana county, situate on Cherry run, containing one hundred and thirty acres, adjoining lands of William McKee and others, and being so thereof seized, intermarried with Robert Allison, of the county aforesaid, who in conjunction with and by the consent of his said wife, did sell the aforesaid tract of land to William Hamilton, of said county, for the sum of three hundred and twenty-five dollars, the greater part of which purchase money was paid during the life time of the said Agness: And whereas, the said Agness is since deceased, and there being no written evidence of the contract, which will enable the said Robert Allison to execute a deed to the said William Hamilton: Therefore, SECT. I. Be it enacted by the senate and house of represen tatives of the commonwealth of Pennsylvania, in general assembly met, and it is hereby enacted by the authority of the same, That R. Allison Robert Allison, of Indiana county, be, and he is hereby au- empower d thorized and empowered, to execute to William Hamilton, of to execute a said county, such deed or other conveyance as may be neces- Hamilton, for sary to vest in the said William Hamilton all the right, title, a tract of land and interest, of the said Robert Allison and Agness his wife, in Indiana of, in and to a certain tract of land in Indiana county, and county, &c. deed to Wm. |