permit the said administrators to re-state the said account, which said account, when re-stated, shall be examined and settled in the mode pointed out by law. WHEREAS, Simon B. and Archibald B. M'Grew, executors of the last will and testament of Jacob M'Grew, late of Westmoreland county, deceased, have represented to the Legislature that Nathan, Findlay, Simon and Samuel, four Preamble to of the sons and legatees of the said Jacob M'Grew, de4th section. ceased, are deaf and dumb, and that by reason of their said infirmity, they are incapable of managing their property, and it is also represented that the three first named of the said sons and legatees are above the age of twenty-one years, and the fourth above the age of fourteen years and under the age of twenty-one: Therefore, SECT. 4. And be it further enacted by the authority aforesaid, That the Orphans' Court of Westmoreland county, should they deem it proper and necessary, be and they are Orph. Court of Westmore. hereby authorized, empowered and required, on the applicaJand county tion of the executors of the last will and testament of Jacob authorized to M'Grew, late of said county, deceased, or of any next friend appoint guar or friends of Nathan, Findlay, Simon and Samuel, sons and dians for sons legatees of the said Jacob M'Grew, to appoint guardians for of Jacob M'Grew. the said Nathan, Findlay, Simon and Samuel respectively, and the guardians so appointed shall have the same powers, rights and privileges, and be subject to the same duties and accountability, as guardians appointed by the Orphans' Court of this Commonwealth, for minors, under the age of twenty-one years; and the said court shall have power to discharge said guardians for sufficient cause, and appoint others in their stead, from time to time, as fully and in the same manner as the said court may do under the existing laws, in cases of guardians of minors appointed in the ordinary manner: Provided, That the guardianship of the said Nathan, Findlay, Simon and Samuel M'Grew, shall continue of guardian. as long as the said court may be satisfied that they, the said Nathan, Findlay, Simon and Samuel, shall remain incapable of managing their property, and no longer : Provided, That the said guardians, before they enter upon the duties of their appointment, shall give such security as shall be approved of by the Orphans' Court of Westmoreland county. Proviso. Continuance ship. 2d proviso. Security required of guardians. SAM'L. ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. APPROVED-The thirtieth day of March, A. D. one thou sand eight hundred and thirty-three. GEO. WOLF. d No. 64. AN ACT Declaring Big Sugar Creek, from Goodwin's mill, in Venango county, to Proper's Forks, in Crawford county, and the north fork of Sandy Lick creek, in the county of Jefferson, from the mouth thereof to Ridgway, in said county, public highways, SECT. 1. 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 same, That from and after the passing of this act, Big Sugar creek from Goodwin's mill, in Venango county, to Proper's forks, in Crawford county, and the north fork of Sandy Lick creek, in the county of Jefferson, from the mouth thereof to Ridgway, in said county, be, and the same are hereby declared public highways; and it shall and may be lawful for any person or persons, desirous of improving or using the Power given navigation of said streams, to remove thereout all obstruc- obstructions tions, except dams for mills, and other water works, already except dams, built, on which dams any such person or persons, as aforesaid, &c. shall have full power to make slopes, such as are hereinafter described, and to keep the same in repair for the passage of boats, rafts, and other craft: Provided, That such Proviso. slopes be so constructed as not to injure such dams. to remove all dams. SECT. 2. And be it further enacted by the authority aforesaid, That nothing in this act contained, shall be deemed, taken or understood to prevent any person or persons owning or possessing lands, on or adjoining said stream, who, inde- Right to erect pendent of the passage of this act, would have a right, under the general laws of this commonwealth to erect a dam or dams across said streams, from erecting such dam or dams: Pro- Proviso. vided nevertheless, That every such dam shall be constructed agreeably, and subject to all the restrictions and provisions of an act of the General Assembly of this Commonwealth, lations of act passed the twenty-third day of March, one thousand eight of 23d March hundred and three, entitled "An act to authorize any person 1803. or persons owning lands, adjoining navigable streams of water, declared public highways, to erect dams upon such streams, for mills and other water works." SAM'L. ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. APPROVED-The thirtieth day of March, A. D. one thou. sand eight hundred and thirty-three. GEO. WOLF. Under regu Estate of No. 65. AN ACT To authorize the surviving exccutors of the will of Henry Drinker, deceased, to sell certain lands therein mentioned, and for other purposes. WHEREAS, Henry Drinker, late of the city of Philadelphia, deceased, did, at the time of his death, hold in his name by patent from this commonwealth, eight tracts of land, situated at the date of said patents in Northampton, now Wayne county, the same having been surveyed in the names of John Drinker, George Drinker, Thomas P. Cope, Samuel Simpson, Mary Sandwith, Benjamin Wilson, Thomas Stewardson and John Thomas, which lands were held by the said Henry, in trust for the use of a society known by the name of "The Society for promoting the manufacture of sugar from the sugar maple tree, and furthering the interest Preamble to of agriculture in the state of Pennsylvania:" And whereas, 1st section. lands. The said lands are liable for sundry advances and payments made by the said Henry, in his life time, and by his executors, since his death, and sundry of the members of the said society have petitioned the Legislature to give authority to the surviving executor of the said Henry Drinker, to sell the said lands discharged of the said trusts, that the said advances and debts may be paid, and the fund duly distributed: SECT. 1. 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 same, That Thomas Stewardson, of the city of Philadelphia, Thos. Stewsurviving executor of Henry Drinker, deceased, be and he ardson, of is hereby authorized to sell, either at public or private sale, Philadelphia, authorized to and for cash or on credit, or both, and in such parts and sell certain proportions as he shall then see fit, all and singular the said tracts of land above referred to, and to convey the same to the purchaser and purchasers, in fee simple, free and discharged of any and all trusts, uses, liens and liabilities, upon which, or for the satisfaction whereof the said lands were held by the said Henry Drinker, in his lifetime, or have been held by his heirs, devisees or executors, since his death; and it is hereby declared that the said purchaser and purPurchasers to chasers, and their heirs, shall hold the said land so to be subsequent conveyed to them, discharged as aforesaid, and free and dis proceedings. charged moreover from all obligation on their part to see to the application of the purchase money, and from all liability for, or on account of any misapplication or non-application of the same: Provided always, That it shall be the duty of the surviving executor, who shall execute the power hereby be free of Proviso. granted, to pay and distribute the proceeds of said sales, Application when received, towards satisfaction of the advances made of proceeds on account of said lands and association, by the said Henry of sale. Drinker and his executors; and if any thing shall remain, to pay the same among the members of the said association, or their legal representatives, according to their respective inFak terests. C. Stocker. WHEREAS, it has been represented to the Legislature that John C. Stocker and Mary Katharine his wife, died seized of various town lots and tracts of lands, in the counties of Estate of Jno. Berks, Chester and Montgomery, and of certain real estate in the city and county of Philadelphia, and also of certain undivided portions of lands in the counties of Chester and Berks, which last mentioned undivided portions of lands, they held in common with numerous heirs of the family of Preamble to Potts, (and which, by reason of dispute in the titles thereof, 2d section. it has been impossible to divide heretofore) and also of certain undivided rights, to any iron, copper, or other mines, ore banks, minerals or fossils, with right of digging for the same, and conveying them away in Berks and Chester coun ties: And whereas, it has been further represented, that in consequence of the decease of one of the heirs of the said John C. Stocker and Mary Katharine his wife, the fee of one fourth of the estates above mentioned have become vested in his devisees, some of whom are minors, subject to the life estate of his widow, and the shares of some of the heirs have been conveyed in trust: And whereas, it is thought to be, for the interest of the heirs and devisees, in whom the property is now vested, that partition of the same be now made; but as the said heirs or devisees are now numerous, and some of them minors and married women, and the lands are situated in different parts of the state, and are encumbered with rights for raising iron ore, and other reservations, a partition under the laws now in force, would be not only dilatory and expensive, but would not be calculated to do substantial justice-Therefore, SECT. 2. And be it further enacted by the authority aforesaid, That the surviving heirs of John C. Stocker, and Mary Katharine his wife, and the devisees of Anthony Stocker, deceased, or a majority of them, to consist of not less than three fourths of the same, by and with the consent of the guardians, husbands, and trustees of those who are minors, or married women, or have conveyed in trust, be, and they are hereby authorized to choose seven discreet and reputable Provision for freeholders, to make partition, into four equal parts, of all the the appointlands and tenements, iron, copper, or other mines, ore banks, ment of a jury of partiminerals or fossils, and rights of digging for, and conveying tion. away the same in the state of Pennsylvania, which the said John C. Stocker and Mary Katharine, his wife, or either of them died, seized of either, as sole owners, or as tenants in Approval of partition. Manner of proceeding, should it be considered advisable to sell any por tion of estate. common with others, and to allot to the different heirs and devisees, their respective shares and purparts in severalty; and such partition, when so as aforesaid made, and when approved by the courts of Common Pleas of Berks, Chester, Montgomery, and Philadelphia counties, shall be firm and stable, and have the same force and effect as partitions made under the laws regulating partitions, now in force in this commonwealth. SECT. 3. And be it further enacted by the authority aforesaid, That if, in the opinion of the said freeholders, or a majority of them, it shall be advisable for the more equal distribution, that any parts or portions of the estates or rights hereby authorized to be by them divided, should be sold, that then, and in that case, they shall express their opinion that the same be sold, and upon presenting the said opinion, and upon the application of at least three-fourths in number of the said heirs and devisees to the Orphans' Court of the county in which the part or portion of the estates or right advised to be sold, shall be, requesting such sale to be made. The said Orphans' Court is hereby authorized to appoint one or more of the said heirs to sell and convey the part, portion, or right in said county, advised to be sold: Provided howe ver, That before any sale shall be made, the said Orphans' Court shall prescribe the time, place, and manner in which said sale shall be made; and shall also prescribe such act to be done by the person or persons appointed to sell, as shall secure the investment of distribution of the funds arising from such sale, so far as may be necessary to carry into effect the 2d proviso. provisions of the will of Anthony Stocker: And provided, That before the deed or deeds for the same shall be valid, the security for, and investment and distribution of the monies arising from the sale, and the sale itself shall be submitted to, and approved by the said court. Proviso. Investment of proceeds agreeably to will of A. Stocker. Security to Partition and SECT. 4. And be it further enacted by the authority aforesaid, That the partition and sale, (if required,) when so as aforesaid made and approved, shall be held firm and sta sale legalized ble, and shall have the same force and effect as if made under the laws regulating partitions, now in force in the state of Pennsylvania. SAM'L. ANDERSON, Speaker of the House of Representatives. JESSE R. BURDEN, Speaker of the Senate. APPROVED-The thirtieth day of March, A. D. one thou sand eight hundred and thirty-three. GEO. WOLF. |