of donation land

J. Morris.

Title to a tract benefit of this act, he shall release his title to the donation to be released by tract of land granted to him by an act, entitled, "An act granting a tract of donation land to John Morris, passed the twenty-second of February, one thousand eight hundred and And the patent eight, to the commonwealth, and give up the patent issued therefor to the secretary of the land-office, which shall be cancelled and filed in said office.

given up.

JOHN WEBER, Speaker of

the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the second day of April, one thousand eight hundred and eleven.

SIMON SNYDER.

CHAPTER CXXVIII.

An ACT empowering James Walton and Samuel Black to convey a part of the real estate of John Sutor, a lunatic.

WHEREAS it appears by the proceedings in the court of common pleas in and for the county of York, that a certain John Sutor of the county of York has been found and declared to be a lunatic and non compos mentis, and that James Walton and Samuel Black were by the said court of common pleas appointed a committee to take care of the person and estate of the said John Sutor; And whereas it has been represented to the legislature, that the said lunatic hath but little personal property, and is seized of two tracts of land adjoining each other, situate in Fawn township, in the county aforesaid, adjoining lands of Robert Duncan and others; containing about two hundred and twenty acres; one of which containing about eighty acres was sold by the said John Sutor to a certain Henry M'Cleary before the said Sutor became insane, but was not conveyed by reason whereof a balance of the purchase money is yet unpaid, and that there are also several debts due by said lunatic; Therefore,

SECT. I. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the J. Walton and S. Same, That James Walton and Samuel Black be, and they are Black authorized hereby empowered to make and execute unto Henry M'CleaMcCleary certain ry, a good and sufficient deed of conveyance for all and sin

to convey to H.

lands.

gular the said lands so sold to him by John Sutor, (a lunatic,) supposed to be eighty acres, lying and being in the township of Fawn in the county of York, agreeable to an article of agreement entered into by said parties, and that the said James Walton and Samuel Black be, and they are hereby authorized and empowered after due notice having been given And to sell and in one or more of the public papers in said county, to sell

convey other lands

and convey all the residue and remainder of the real estate of

the said John Sutor, to such person or persons for such price or prices and on such terms and conditions as they may deem most advantageous to said lunatic and his heirs, and the deeds or other assurances shall be as good and effectual in law to all intents and purposes as if the said John Sutor was of sound mind, and a party to the same.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED-the second day of April, one thousand eight

hundred and eleven.

SIMON SNYDER,

CHAPTER CXXIX.

An ACT to incorporate an academy or public school in the town of Waterford, and for other purposes therein mentioned.

SECT. I. BE it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania, in General Assem

established at

Trustees named.

successors to be a

poration.

bly met, and it is hereby enacted by the authority of the same, That Academy to le there shall be, and hereby is established in the town of Wa- Waterford. terford, in the county of Erie, an academy or public school for the education of youth in the English and other languages, in the useful arts, sciences, and literature; by the name, style Style of. and title of, "Waterford academy," under the care, direction and government of eight trustees, viz. John Boyd, John Vincent, Aaron Hemrod, Henry Colt, James Weston, Amos Judson, Charles Martin and John Lytle; which said trustees, Who, and their and their successors to be elected as is hereinafter mentioned, body politic. shall be and hereby are declared to be one body politic and corporate, in deed and in law, by the name, style, and title of "The trustees of Waterford academy ;" and by the same Style of the cor name shall have perpetual succession, and shall be able to suc And privileges: and be sued, plead and be impleaded in all courts of record and eleswhere; and shall be competent and capable in law and equity to take and to hold to them and their successors, for the use of said academy, lands, tenements, hereditaments, goods, and chattels of whatsoever kind, nature or quality, real, personal or mixed; by gift, grant, bargain, sale, conveyance, assurance, will, devise or bequest, from any person or persons whomsoever capable of making the same, and the same from time to time to grant, bargain, sell, demise, alien, or dispose of for the use of said academy; and to erect such buildings as may be necessary; and generally to do all and singular the matters and things which shall be lawful for them to do for the well being of the said academy and the due management and ordering the affairs thereof; Provided always,

Ee

Limitation of income.

Number of trustees.

Term of service. By whom to be celcted.

Five members to be a quorum.

Lots to be cast

members.

That the yearly value or income of the estates or money shall not exceed four thousand dallars.

돌아

SECT. II. And be it further enacted by the authority aforesaid, That the number of trustees shall be eight as aforesaid, and shall be so changed as that none of them shall continue in of fice for a longer term than four years without being re-elected by the people of said county, south of the triangle line, commonly called the old state line; and for that purpose it shall be the duty of the said trustees at their first meeting when not less than five of them shall be present, (which members shall be a board or quorum to do business,) and they are hereby authorized and required to cast lots for asfor changing the certaining the members to be changed each year until the whole number shall be changed; and in order annually to supply the vacancy as the case may take place, the citizens of the south part of said county of Erie, on the second Tuesday of October next, and annually thereafter for ever, at the same places, in the same manner and under the same laws, rules, and regulations as members of the state legislature shall be chosen, shall elect two trustees to supply the place of the trustees going out of office; Provided always, That in case the places of any of the trustees shall become vacant by death, resignation or otherwise, the remaining trustees shall appoint a person or persons to fill such vacancy or vacancies until the next general election, when the class in which said vacancy or vacancies may happen are to be chosen.

When, where and how elections shall be held,

How vacancies to be supplied,

First meeting of trustees.

SECT. III. And be it further enacted by the authority aforesaid, That the first meeting of the said trustees shall be at Waterford, on the third Tuesday of May next, and at such other times as a majority of the trustees for the time being shall determine.

SECT. IV. And be it further enacted by the authority aforesaid, That the trustees shall appoint a treasurer annually, who shall receive and hold all monies belonging to the institution, and pay the same on orders signed by the board; he shall keep fair accounts thereof, to be open at all times to the inspection of the trustees; and before he enters upon the duties of his office shall give bond in any sum at their discretion, with two or more sufficient sureties, conditioned for the faithful performance of the duties enjoined, and the repayment of all monies received by him, which bond shall be deposited with the prothonotary of the county.

SECT. V. And be it further enacted by the authority aforesaia, That all by-laws, ordinances, and proceedings of the said corporation shall be fairly and regularly entered in a book or books to be kept for that purpose, and no misnomer of the said corporation shall defeat or annul any gift, grant, devise or bequest, to the said academy.

SECT. VI. And whereas by an act of assembly passed the

appropriated to

academy.

eleventh day of April, anno Domini, one thousand seven hundred and ninety-nine, entitled, "An act to provide for selling the several reserved tracts of land adjoining the towns of Erie, Franklin, Warren and Waterford, and for other purposes therein mentioned;" it was provided and enacted that in each of the said reserved tracts, the quantity of five hundred acres should be laid off for the use of such schools or academies as might thereafter be established by law in the said several towns; therefore, Be it further enacted by the au- 500 acres of land thority aforesaid, That the tract of five hundred acres of land, the use of said surveyed and laid off in the reserved tract adjoining the town of Waterford in pursuance of the provision aforesaid of the said act, be and the same is hereby granted to and vested in the trustees of the said academy and their successors in fee simple, for the use of the said academy; which trustees shall have full power to farm, let, lease, or otherwise dispose of said land, for any term not exceeding fifteen years from and after the passing of this act; and that the following in-lots in And certain the town of Waterford aforesaid, to wit, numbers two hun- town lots. dred and twenty-five, two hundred and twenty-six, two hundred and twenty-seven, two hundred and twenty eight, two hundred and twenty nine, two hundred and thirty, two hundred and thirty-one, two hundred and eighty-one, two hundred and eighty-two, two hundred and eighty-three, two hundred and eighty-four, two hundred and eighty-five, two hundred and eighty-six, two hundred and eighty-seven, and two hundred and eighty-eight, be and the same are hereby grant. ed to and vested in the said trustees and their successors in fee simple, for the purpose of erecting a building or buildings thereon for the use of the said academy.

SECT. VII. And be it further enacted by the authority aforesaid, Penalty on trus tees neglecting That the said trustees under the penalty of forty dollars each, to exhibit their to be recovered for the use of said corporation as debts to accounts. that amount are by law recoverable, shall annually exhibit all their books, accounts, and vouchers of every kind to the auditors of the said county of Erie, to be settled, adjusted, and published in the same manner as the accounts of the coun- settled. ty commissioners are by law directed to be settled, adjusted, And published. and published.

Which shall be

SECT. VIII. And be it further enacted by the authority aforesaid, Trustees to take That the trustees herein before appointed and their successors the oaths, &c. in office, shall, before they enter on the duties of their trust, before any judge or justice of the peace of this state, take and subscribe the oaths or affirmations prescribed by the constitution of this state to be taken by the officers of the state; and

shall also take and subscribe an oath or affirmation for the faithful discharge of their respective trusts or office aforesaid.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the second day of April one thousand eight hundred and eleven.

SIMON SNYDER.

of Schuylkill county to take the oaths, &c.

By whom to be administered.

filed.

CHAPTER CXXX.

A SUPPLEMENT to the act, entitled, "An act for erecting part of the counties of Berks and Northampton, into a separate 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 same, That the Associate judges persons who shall be appointed associate judges for the county of Schuylkill, shall take the requisite oaths or affirmations of office before the prothonotary of the court of common pleas of the county of Berks, who shall file a record of the same in Record of, to be the office of the prothonotary of the court of common pleas of the said county of Schuylkill who may be appointed at any time after the passing of this act, and all certioraries of, and Of appeals and appeals from the judgment of any Justice of the peace of the said county of Schuylkill, and all criminal prosecutions which may originate in the said county before the teste day Teste day of pro- hereinafter mentioned, shall be proceeded in as heretofore in the courts of common pleas and quarter sessions of the county of Berks; and all process to issue from the courts of the said county of Schuylkill returnable to the first term in said county, shall bear teste as of the first Monday in the month of October next.

certioraries.

And criminal

prosecutions.

cess.

SECT. II. And be it further enacted by the authority aforesaid, That so much of the act to which this is a supplement, which is hereby altered or supplied, be, and the same is hereby repealed.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate

APPROVED-the second day of April, one thousand eight hun

dred and eleven.

SIMON SNYDER,