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and Pittsburg, the time limited as aforesaid for presenting claims for donation lands, and shall proceed, after the said first day of September next, to draw lots in favor of all such claimants, as shall have duly received as aforesaid a certificate of allowance from the comptroller general, register general and treasurer, upon the principles, in the manner, and with the powers specified in the act, entitled, "An act relative to donation lands," passed on the seventeenth day of April, in the year one thousand seven hundred and ninety-five.1

[Section IV.] (Section IV, P. L.) And be it further enacted by the authority aforesaid, That on the first day of May, in the year one thousand eight hundred, the powers herein given shall cease, no lots for donation lands shall afterwards be drawn, and the residue of the land heretofore by law appropriated for satisfying claims to donation lands shall revert to the commonwealth, and be disposed of in such manner as shall be directed by law. in relation to other lands, the property of the state. Passed April 11, 1799. Recorded L. B. No. 7, p. 3, etc.

CHAPTER MMLXXXII.

AN ACT TO DECLARE FISHING CREEK, AND ONE OF ITS BRANCHES, IN THE COUNTY OF NORTHUMBERLAND, PUBLIC HIGHWAYS.

[Section I.] (Section I, P. L.) 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, from and after the passing of this act, Fishing creek, in the county of Northumberland, from the mouth up to the main fork thereof, and that branch commonly called Little Fishing creek, from the mouth of John Eve's mill, shall be, and the same are hereby, declared to be public highways for the passage of boats and rafts, under the limita

1Chapter 1855.

tions and restrictions herein specified; and it shall and may be lawful for the inhabitants, desirous of using the navigation of said creek, to remove all natural and artificial obstructions, from the mouth thereof up the mainfork, and that branch called Little Fishing creek up to John Eve's mill aforesaid, and to erect such slopes or locks at the mill-dams now built, as may be necessary for the passage of boats, rafts and fish; provided such slopes or locks shall be so constructed, as not to injure the works of said dams.

[Section II.] (Section II, P. L.) And be it further enacted by the authority aforeaid, That nothing in this act contained shall be deemed, taken or understood to prevent any person or persons, possessing land on the said creek, or either of them, who, before the passing of this act, had authority under the laws of this commonwealth to erect a dam or dams, [from erecting such dam or dams. Provided always, That such dam or dams be so constructed and kept in repair], by the owners thereof, with complete slopes and locks on convenient parts of such dams, as that the navigation for boats and rafts, and the passage of fish, will not be injured thereby.

Passed April 11, 1799. Recorded L. B. No. 7, p. 2, etc.

CHAPTER MMLXXXIII.

AN ACT EMPOWERING CERTAIN TRUSTEES THEREIN NAMED TO SELL AND DISPOSE OF A CERTAIN TRACT OF LAND, SITUATE PARTLY IN UPPER AND PARTLY IN LOWER MOUNT BETHEL TOWNSHIPS, IN THE COUNTY OF NORTHAMPTON, AND TO APPROPRIATE THE MONEYS ARISING FROM THE SALE THEREOF FOR THE PURPOSES THEREIN MENTIONED.

Whereas the trustees and elders of the Presbyterian congre gation in Lower Mount Bethel township, in the county of Northampton, and state of Pennsylvania, by their petition, have represented to the legislature, that by virtue of a certain indenture or

deed of conveyance, bearing date the seventh day of May, in the year of our Lord one thousand seven hundred and ninety, executed by Robert Richart and Elizabeth his wife, John Scott, David Ayres, and William Richart, and their heirs, are seized of and in a certain tract or parcel of land, situate partly in Upper and partly in Lower Mount Bethel townships aforesaid, beginning at a stone corner standing in a line of Samuel Miller's land; thence extending north three degrees west forty perches and a ' half to a post, in a line of William Plummer's land; thence by the same north eighty-seven degrees east fifty perches and a half to a white oak, north three degrees west twenty-one perches and a half to a post, north eighty-seven degrees east twenty perches to a hickory, and south thirty degrees east one perch and onetenth to a chestnut, in a line of Isaac Hilliard's land; thence along the same south eighty degrees east eighty-five perches and a half to a stone, north twenty-one degrees east five perches to a stone, south sixty-nine degrees east one hundred and eighteen perches to a stone, and south fifty-six degrees west thirty-three perches to a stone, in a line of William Richart's land; thence by the same south seventy-two degrees west sixty-eight perches to a stone, north three degrees west ten perches south eightythree degrees west sixty-eight perches to a black oak, and south seventy-one degrees west forty-eight perches to a stone, in a line of Samuel Miller's land; thence by the same north thirteen degrees west forty-six perches to a stone, and south eighty-seven degrees west forty-eight perches and a half to the place of beginning, containing one hundred and one acres and seventy-three perches strict measure, in trust for the said congregation, which land and premises have been used for the accommodation of the officiating pastor or minister of the said congregation; that the said premises do not conveniently answer the purpose for which they were purchased; and that the members of the said congregation have unanimously agreed that the same be disposed of, and the moneys arising therefrom be applied towards the purchasing another piece of land for a parsonage, more conveniently situated, or for such other uses as the trustees and elders, with the consent of a majority of the members of the said congrega

tion, may think proper; that William Richart, one of the trustees to whom the said conveyance was made, is removed out of these parts, and John Scott, another trustee, is by age and bodily infirmities rendered unfit for the transaction of business; and therefore have prayed the aid of the legislature. Therefore: [Section I.] (Section I, P. L.) 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 it shall be lawful to and for David Ayres, with the consent and approbation of Joseph Bowman, Esquire, Peter Middagh, John Hutcheson, Jephta Arrison, and William Connelly, or a majority of them, to sell and dispose of the said described tract or piece of land, with the rights, members, privileges and appurtenances thereto belonging, as soon as the same may be conveniently done, either by private or public sale, for the best and highest price that can be gotten for the same, and to execute and deliver an assurance and conveyance of the premises, valid in law, to the purchaser, his or her heirs and assigns forever, saving the legal rights of all other persons therein, and to appropriate and apply the moneys arising from such sale towards the purchasing another piece of land for a parsonage, more conveniently situated, or for such other uses and purposes as the trustees and elders, with the consent of a majority of the members of the said congregation, may think proper, and for no other use or purpose whatsoever.

Passed April 11, 1799. Recorded L. B. No. 7, p. 31, etc.

CHAPTER MMLXXXIV.

A SUPPLEMENT TO THE ACT, ENTITLED, "AN ACT FOR OPENING AND ESTABLISHING A ROAD, BETWEEN THE NAVIGABLE WATERS OF THE FRANKSTOWN BRANCH OF THE RIVER JUNIATA AND THE RIVER CONEMAUGH."1

Whereas, from the unexplored situation of the country between Frankstown and Ligonier Valley, at the time the commissioners acted under the act to which this is a supplement, they

were unable to lay out the road on the nearest course and best ground that the country afforded, and from the want of inhabitants for a considerable length of time after opening the said road, it is much out of repair. And whereas viewers have been appointed by the courts of quarter sessions of the different counties through which the said road passes, and have made such alterations therein as appeared to be necessary, and a number of the inhabitants of the counties of Huntingdon, Somerset and Westmoreland have, by their petition to the legislature, prayed that the said road be so altered, and a sum of money appropriated in aid of private subscriptions, for the purpose of repairing the sad road, and making the aforesaid alterations. Therefore:

[Section I.] (Section I, P. L.) 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 road between the waters of the Frankstown branch of the river Juniata and the river Conemaugh be, and is hereby, confirmed, as it has been altered by the courts of quarter sessions of the different counties through which the said road passes, and that the sum of eight hundred dollars of the moneys which are and hereafter shall become due from the county of Huntingdon to this commonwealth, on account of a loan made to the said county in the year one thousand seven hundred and ninety-four, be appropriated in aid of private subscriptions, for the purpose of altering and amending the same.

[Section II.] (Section II, P. L.) And be it further enacted by the authority aforesaid, That the governor of this commonwealth be, and he is hereby, empowered to contract with any suitable person who shall offer, for altering and amending the said road, in manner following, viz: That the said contractor shall be obliged faithfully and honestly to expend all the money hereby appropriated, as well as such sums of money which shall be raised by private subscription and put into his hands (except such part as the governor shall allow him for his services) on that part of the aforesaid road which lies between the western part of Frankstown settlement and Ligonier Valley; and the said contractor shall keep fair and just accounts of all the 1Passed March 29, 1787, Chapter 1295.

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