Limitation of

act.

Proviso.

Courts of Lu

zerne co., may

SECTION 17. That this act shall continue and be in force until the first day of August, in the year of our Lord one thousand eight hundred and seventy-two: Provided, That it shall be lawful for the Legislature at any time to amend or repeal any of the foregoing provisions, and to rescind the powers hereby granted; in such manner, however, that no injustice shall be done the corporators.

SECTION 18. The court of common pleas of Luzerne county shall have and exercise all the like chancery jurisdiction and powers that exercise chance- are conferred upon any other court of this Commonwealth, and in all ry jurisdiction. cases an appeal may be taken to the supreme court from the final decrees of said court in suits in equity, on the same terms and conditions as are provided in cases of appeals from the decrees of the court of common pleas of the city and county of Philadelphia.

School directors SECTION 19. That the school directors of the borough of Danville, in Danville may Montour county, be and they hereby are authorized and empowered to sell real estate. sell at public or private sale, a certain lot of ground situate in said borough, fronting on Mahoning street on the north, adjoining an alley on the east, an alley on the south, and lot of D. Petriken's estate on the west, heretofore held and occupied for school purposes, and upon the sale thereof and receipt of the purchase money, to execute and deliver to the purchaser or purchasers thereof a good and sufficient deed in fee simple for the same.

SECTION 20. That the time specified in an act appointing commissioners to run the line between the counties of Wayne and Pike, approved May first, eighteen hundred and fifty-two, be and the same is hereby extended for one year from the passage of this act.

SECTION 21. That hereafter the terms of the several courts of "Fayette county shall commence on the first Monday of January, on the first Monday of March, on the first Monday of June, and on the fourth Monday of October, each term to continue for two weeks, except June term, which shall continue for one week only.

SECTION 22. That the directors of the common schools in the borough of Washington, in the county of Washington, be and are hereby authorized and empowered to sell and convey, by sufficient titles, any lot or lots which are held by them either by bequest or purchase, with the house or houses thereon, and the appurtenances thereto, and to purchase and hold other sites for the erection of school houses and other buildings for the accommodation of the youth of the said borough.

WHEREAS, Doubts have been expressed as to the construction of the tenth, eleventh and twelfth sections of an act of the General Assembly of the Commonwealth of Pennsylvania, passed the ninth day of April, A. D. one thousand eight hundred and forty-nine, entitled "A sup plement to an act relative to the venders of mineral waters; and an act relative to the Washington Coal company, to sheriff's sales of real estate; to the substitution of executors and trustees, when plaintiff to partition in the courts of common pleas; and for other purposes:"

And whereas, The intention of such act of ninth April, one thousand eight hundred and forty-nine, was to require no other or further acknowledgments of deeds whereby the estate or interest of such mar ried women in lands lying within this Commonwealth might be con veyed, transferred, mortgaged, or incumbered, than was required according to the provisions of the laws of this Commonwealth which were in force previously to an act passed the eleventh day of April, A. D. one thousand eight hundred and forty-eight, intended to secure the rights of married women; therefore,

SECTION 23. That all deeds heretofore made and acknowledged since Provisions of the passage of the act of eleventh of April, one thousand eight hundred certain act, how and forty-eight, entitled "A supplement to an act entitled 'An Act rela- to be construed. tive to the Le Raysville Phalanx, passed March, Anno Domini one thousand eight hundred and forty-seven, and relative to obligors and obligees; to secure the rights of married women; in relation to defalcation; and to extend the boundaries of the borough of Ligonier;" by any married women, either within or without of this Commonwealth, shall be valid and effectual to pass the estate or interest of such married women in lands lying within this Commonwealth: Provided, The same shall have Proviso. been acknowledged by such married women, according to the laws of this Commonwealth which were in force previously to the passage of the said act of the eleventh of April, one thousand eight hundred and forty-eight.

church in

SECTION 24. That C. W. Ashcom, J. H. Wilkinson, John Keith, Trustees of Jacob Hipple and Philip Keagy, trustees of the Methodist Episcopal Methodist church in the town of Woodbury and county of Bedford, are hereby Woodbury. authorized and empowered to sell and convey a lot of ground, number eighty-two on the plan of said town, with a school house thereon erected, devised to said trustees by David Joy and Elizabeth his wife, and apply the proceeds of such sale to the use and benefit of said church.

district.

SECTION 25. That the commissioners of the district of Penn, in the Part of Thompcounty of Philadelphia, shall have power and authority to curb and son street, Penn pave Thompson street from Twelfth street to Broad street, without the application or concurrence of the owner or owners of real estate fronting on said street, and the expense of laying such curb and pavement, and for collecting the bills incurred thereby, shall be a lien on the said real estate in all respects, as is now provided by law.

causes out of their own

SECTION 26. That from and after the passage of this act, the several Judges of provisions of the act relative to the organization of courts of justice, courts, may try passed tenth April, one thousand eight hundred and forty-nine, shall extend to any president judge of any judicial district in this Common- districts. wealth, without regard to his being in an adjoining district.

SECTION 27. That after the next terms thereof, the several quarterly Courts in Carterms of the courts of the city of Carbondale, and of the county of Wyom- bondale and ing, shall commence one week later in every case than under existing Wyoming co's.

laws.

Moyamensing,

SECTION 28. That the proviso contained in the fourteenth and Proviso of cerfifteenth sections of an act relative to certain streets in the district of tain act relative Moyamensing, approved March twenty-ninth, one thousand eight hun- to streets in dred and fifty, be and the same is hereby repealed, and the commis- repealed. sioners appointed by the twelfth section of the act aforesaid, proceed as soon as may be to survey and lay out the streets, lanes and alleys in Passyunk township aforesaid, as by said act directed, and that the said commissioners shall be entitled to receive the sum of two dollars each per day for every day on which they have been, or hereafter may be actually engaged as assistant surveyors, and the principal surveyor shall receive the sum of five dollars per day for every day that he has been or hereafter may be engaged on said survey, from the commissioners of the county of Philadelphia, and that the commissioners of the county aforesaid, be and they are hereby directed to pay and discharge said expenses, as well as the expense of corner stones to mark the intersections of said streets : Provided, That all charges incident to Proviso. said survey shall be verified by the affidavit of the party entitled to

Proviso.

receive the amount thereof, and shall be certified to be correct by the majority of the commissioners of survey aforesaid, and that payments shall be made monthly, if so required, by the parties entitled to receive: Provided further, That twenty-five per cent. on the cost of said survey shall be retained in the hands of the county commissioners until the said survey shall have been made and approved by the court of quarter sessions, and filed therein.

W. P. SCHELL,

Speaker of the House of Representatives.
THO. CARSON,

Speaker of the Senate.

APPROVED-The eighteenth day of April, A. D. one thousand eight hundred and fifty-three.

WM. BIGLER.

No. 336.

AN ACT

Authorizing the Governor to incorporate the Germantown and Wissahickon Turnpike Road company; authorizing Joseph Barr to sell certain ground rents; to authorize the sale of certain real estate of Maria Myers; to vacate a portion of Timber Lane in the district of Penn, Philadelphia county; rela tive to the claim of Ann Weaver; authorizing the sale of certain church property in Millersburg, Dauphin county; and to prohibit the erection of Poudrette Pits in the district of Moyamensing, Philadelphia county.

SECTION 1. Be it enacted by the Senate and House of Representa. tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That DanCommissioners. iel L. Keyser, Wyndham H. Stokes, Benjamin Lehmah, Samuel Har

vey, Junior, John Rittenhouse, Peter Rittenhouse, George Hergesheimer, Charles Weiss, Nicholas Rittenhouse, Junior, James Lord, Junior, Henry Lippen and Charles B. Engle, or any five of them, be and they are hereby appointed commissioners, to open books, receive Name & style. subscriptions, and organize a company by the name, style and title of the Germantown and Wissahickon Turnpike Road company, with the power to construct a turnpike road from the main street in the borough of Germantown, in the county of Philadelphia, either by the route of Rittenhouse or Harvey strect to a point at or near the junction of the Wissahickon turnpike and Paper Mill creek, in the township of Rox borough, by the nearest and best route or routes, as the president and directors may determine upon, subject to all the provisions and restric visions and re- tions of an act regulating turnpike and plank road companies, passed strictions of cer- twenty-sixth day of January, A. D., one thousand eight hundred and forty-nine, and the several supplements thereto.

Location.

Subject to pro

tain act.

Capital stock.

SECTION 2. That the capital stock of said company shall consist of two hundred shares at twenty-five dollars per share: Provided, That said company may from time to time, by a vote of the stockholders, at a meeting called for that purpose, increase their capital stock so much

as in their opinion may be necessary to complete the road and improvements thereto belonging, and to carry out the true intent and meaning of this act.

SECTION 3. That the Burgess and town council of the borough of Borough of GerGermantown, are hereby authorized and empowered to regulate, grade, mantown, relaand improve, and cause to be paved, the side-walks upon such streets ive to paving as now are or hereafter may be occupied by any incorporated company.

certain streets.

SECTION 4. That Joseph Barr, executor of the last will and testa- Joseph Barr ment of Catharine Forrester, be and he is bereby authorized and empow- authorized to ered to sell at public sale any ground rents of which the said testatrix sell real estate. died seized: Provided, That the said executor shall first give security, Proviso. to be approved by the orphans' court for the city and county of Philadelphia, in such sums as the said court shall require, and that the proceeds of such sale or sales shall enure to the benefit of such person or persons as are or shall be entitled to the said ground rents under the said last will and testament.

WHEREAS, William A. Porter, sheriff of Philadelphia county, by Preamble. deed poll bearing date the seventeenth day of June, A. D., one thousand eight hundred and forty-three, entered among the records of the district court of said county, in book O., page two hundred and three, &c., and recorded in the recorders' office of the said county, in deed book R L L C, number five, page one hundred and ten, &c, did grant and convey a certain lot of ground, with the buildings thereon erected, situated on the west side of the Fifth street from the Delaware river, in the square between High street and Chesnut street, in the city of Philadelphia, containing and bounded as therein described, to Ann C. Esling, Maria Myers, and John V. Myers, her husband, in right of the said Maria, and for her separate use and benefit, Catharine Baker, Louisa Esling, and Susan Esling, their heirs and assigns:

And whereas, doubts have arisen as to the power of the said Maria Preamble. Myers, and John V. Myers, her husband, to sell and convey the undivided interest in the said lot of ground and buildings to them conveyed as aforesaid; therefore,

sold.

SECTION 5. That upon the application of the said John V. Myers Real estate of and Maria Myers to the court of common pleas for Philadelphia county, Maria and John by petition or otherwise, it shall and may be lawful for the said court V. Myers auto appoint a trustee to sell and convey all the estate and interest of the thorized to be said Maria Myers, and John V. Myers, her husband, and their heirs, of, in and to the lot or pieces of ground and buildings in the said deed poll described, and upon the said appointment, it shall and may be lawful for the said trustee to sell at public or private sale, and convey the said estate and interest in fee simple, or for any less estate, for such price or consideration as said trustee may deem expedient, for cash or on bond and mortgage, to any person or persons whomsoever, free and discharged from all trust whatsoever, and without any liability on the part of the purchaser thereof to look to the application of the purchase money thereof; and the said trustee shall hold the proceeds of sale thereof, under and subject to the same trusts, and for the same uses, intents and purposes, as the said undivided interest is now held by the said Maria Myers, and John V. Myers, her husband: Provided, Proviso. nevertheless, That before the said trustee shall execute and deliver a deed therefor, such security shall be given as the said court may direct, for the faithful performance of said trust.

SECTION 6. That so much of Timber lane, in the district of Penn, Part of timber in the county of Philadelphia, as extends from the north east side of lane, Phila., co., the Ridge road to the east side of Schuylkill Fifth street, be and the vacated. same is hereby vacated, and the title to the soil over which the same

Proviso.

ceased.

passes, be and the same is hereby vested in fee simple in the several owners of ground fronting on the said lane respectively, each owner to have and take that part of the said lane lying in front of his ground to the middle thereof: Provided, That so much of the said lane so vacated, shall not be closed up until Master's street, from the said Schuylkill Fifth street to the Ridge road, and the said Schuylkill Fifth street from the said Master's street to Timber lane, shall be respectively opened for public use.

Estate of Thom- SECTION 7. That if it shall appear to the State Treasurer and Audias Weaver, de- tor General that the sum of thirteen thousand dollars has been paid by Ann Weaver, widow of Thomas Weaver, deceased, or by Thomas Weaver, or William Weaver, and John Shaffer, executors of the estate of the said Thomas Weaver, for or on account of the suretyship of the said Thomas Weaver, deceased, that then the legal representatives of the said estate, and the said estate, shall be released and exonerated from all claim of the Commonwealth for or on account of any suretyship entered into by the said Thomas Weaver.

German Re

SECTION 8. That Daniel Heckert, Jacob Seals, and Simon West, formed congre- are hereby authorized to sell and convey certain real estate belonging gation of Milto the Lutheran and German Reformed congregations of the borough lersburg. of Millersburg, Dauphin county, and apply the proceeds thereof to the purchase of a suitable lot and erecting thereon a house of worship, for the use of the said congregations.

Poudrette pits, SECTION 9. That from and after the passage of this act, it shall not Moyamensing, be lawful for any person or persons, body or bodies corporate, to own, prohibited. Occupy or possess, in the district of Moyamensing, in the county of Philadelphia, any poudrette pit or pits, or deposit places of any kind or description, for the deposit of poudrette or privy filth; that any person or persons erecting or sinking, or causing to be erected or sunk, or owning any poudrette pit or pits or deposit places for poudrette or privy filth in the said district, after the passage of this act, shall forfeit and pay for every such offence, and for every month that the same shall remain in said district, the sum of five hundred dollars, to be recovered by an action at law, in the district court of the county of Philadelphia, in the name of the commissioners and inhabitants of the district of Moyamensing, one half of which said penalty shall be paid over to the treasurer of the county of Philadelphia, for the school fund of said county, and the remaining one half shall be recovered for the use of said district.

Penalty for sinking.

W. P. SCHELL,

Speaker of the House of Representatives.

THO. CARSON,

Speaker of the Senate.

APPROVED-The eighteenth day of April, A. D., eighteen hundred

and fifty-three.

WM. BIGLER