and required to hold said township election at "Craig's school house," in said township, at the usual time for holding township elections, for the election of a judge and inspectors of the next general election, and officers of said township; and each of said inspectors shall appoint one person to act as clerk of said election, who, together with the said judge and inspectors, before entering upon their duties, shall take and subscribe the usual oath prescribed, and who shall perform the like duties, receive the like pay, and be subject to the same penalties, as are provided by the several sections of the act relating to the general elections of this commonwealth, passed the second day of July, Anno Domini, one thousand eight hundred and thirty-nine; and the usual notices of elections shall be given of the election to be held under this act, at least ten days before said election, by the constable of the borough of Shippensburg.

SECTION 62. That hereafter the citizens of Saville township, in the Perry. county of Perry, shall hold their general and township elections at the house of Edward Miller, in said township.

SECTION 63. That the borough of Lewisberry, in the county of York, York. shall hereafter form a separate and distinct election district from the township of Newberry, and the qualified voters thereof shall hold their general elections at the school house, in said borough.

SECTION 64. That hereafter the qualified electors of Cherry town- Venango. ship, in the county of Venango, shall hold their general elections at the Centre school house, in said township.

SECTION 65. That the qualified electors of the township of Shippen, M'Kean. in the county of M'Kean, shall hereafter hold their general and township elections at the house now occupied by Lemuel Lucore, in said township.

SECTION 66. That the qualified electors of the township of Wash- Berks. ington, in the county of Berks, shall hold their general elections in October next, at the public house of H. B. Griffith, in said township; and said electors shall then determine, by ballot, whether their future general elections shall be held at the public house of Joseph Baughman, or at the public house of Gehret S. Bechtel, or at the public house of H. B. Griffith, or at any other place in said township; and each qualified voter may put in a ballot, on the outside of which shall be written or printed the words "Election district," and on the inside house of Joseph Baughman," or "house of Gehret S. Bechtel," or "house of H. B. Griffith," or any other place the elector may desire to vote for; and the general elections shall thereafter be held at the place for which the highest number of votes may be given, until otherwise determined by law; the result of said election shall be certified by the judge and inspectors of the election, and filed in the court of quarter sessions of the county aforesaid.

SECTION 67. That the qualified voters of Point township, in the Northumberland. county of Northumberland. shall hereafter hold their general and township elections at the house of James Hilborn, in the borough of North

umberland, and county aforesaid.

SECTION 68. That the township election for township officers in the Philadelphia. township of Roxborough, in the county of Philadelphia, shall hereafter

be held at the school house where the general elections are now held.

SECTION 69. That the qualified electors of the borough of Pottsville Schuylkill. may, at the time and place of holding their next election for borough Pottsville officers, and every third year thereafter, decide, by ballot, whether the common school system shall be continued in said borough or not, in

Wyoming.

Wyoming.

Westmoreland.

the manner and with like effect as is provided by the thirteenth section of an act of assembly, passed June thirteenth, Anno Domini one thousand eight hundred and thirty-six, entitled "An Act to consolidate and amend the several acts relative to a general system of education by common schools;" and so much of said section of said act as submits the holding of such election to the school directors of said district be repealed, so far as it regards the borough of Pottsville.

SECTION 70. That John Love of the county of Wyoming, be and is hereby appointed judge, and P. B. Jennings and Anthony Oziah, of the same county, be and are hereby appointed inspectors, who shall hold and conduct the township elections in and for the township of Mahoopany, in the county of Wyoming, on the third Friday of March, Anno Domini one thousand eight hundred and forty-five.

SECTION 71. That Joseph Bingess, Jr., of the county of Wyoming, be and is hereby appointed judge, and Hiram Hitchcock and Schuyler Fassett, of the same county, be and are hereby appointed inspectors, who shall hold and conduct the township election in and for the township of Forkston, in the county of Wyoming, on the third Friday of March, Anno Domini one thousand eight hundred and forty-five.

SECTION 72. That hereafter the Duffield election district, in Westmoreland county, shall be called and known as the Kiskiminetas election district, and the qualified citizens thereof shall hereafter hold their general elections, and also their spring elections for judge and inspectors of elections, in said district; and for township officers of Washington township, at the house now occupied by Richard W. Jones; and all such elections shall be held and conducted by the proper judge and inspectors of said district, who shall be paid as in other cases; and the said judge of said district, shall meet the judge who shall conduct the election in the other district, composed of part of the said township of Washington, at the house of John Reed, in said township, to make out full returns of the said election of township officers of said township.

APPROVED-The fourteenth day of March, one thousand eight hun

dred and forty-five.

FRS. R. SHUNK.

No. 105.

AN ACT

Authorizing Samuel Rockwell, Jr., administrator of the estate of John C. Rose, late of Bradford county, deceased, to convey certain real estate, and for other purposes.

WHEREAS, John C. Rose, late of Canton township, in the county of Bradford, died intestate, leaving a widow, Sophia, since intermarried with Seth K. Porter; also leaving two daughters, Desire Rose and Jane E. Rose, both minors, under the age of fourteen years, and said survivors are now all living in the township aforesaid :

And whereas, The said John C. Rose, during his lifetime, made a parol agreement with one Thomas Owen, of said county, whereby it was agreed that the said John C. Rose should convey in fee simple, by deed of general warranty, to the said Thomas Owen, a certain piece or parcel of land, hereafter more particularly described, with the appurtenances, situate in the township and county aforesaid, in consideration of the sum of seventy-five dollars :

And whereas, The said Thomas Owen, from the time of said agreement, continued in possession of said premises till the second day of September, Anno Domini, one thousand eight hundred and forty-four, at which last mentioned time he conveyed all his interest in said land unto William S. Baker, of the township and county aforesaid, by deed, recorded in the office for recording deeds of Bradford county, Pennsylvania, in deed book volume twenty-three, page two hundred and twenty-four, et cetera, and from the date of said deed the said William S. Baker has been and still is in possession of said premises :

And whereas, The aforesaid John C. Rose died without perfecting said agreement during his lifetime, and the said William S. Baker, and the said Sophia Porter, guardian of the minor children aforesaid, are desirous of having the title to said premises perfected, which cannot be by reason of the minority of the said children of said John C. Rose, deceased:

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly

Preamble.

met, and it is hereby enacted by the authority of the same, That Samuel Rockit shall and may be lawful for Samuel Rockwell, junior, administrator well, Jr., authoof the estate of the said John C. Rose, deceased, on payment to him rized to convey by the said William S. Baker of the purchase money aforesaid, by deed certain real estate. of general warranty, duly executed and acknowledged according to the laws of this commonwealth, to convey unto the said William S. Baker, his heirs and assigns forever, all that certain lot, piece or parcel of land, situate in the township of Canton, county of Bradford, and state of Pennsylvania, bounded and described as follows: Beginning at a white maple tree, a corner of lands of David S. Grantier and William S. Baker; thence running east twenty-seven perches along lands of said Baker to a stake, south degrees west along lands in possession of the heirs of David Pratt, deceased, eight perches to a stake ; thence east along the same lands five perches to the main road leading to Elmira; thence along the middle of said road to lands belonging to the heirs of John C. Rose, deceased; thence along lands of the said

Administrators of

execute certain

deed.

last mentioned heirs west thirty-three perches to a stake on the line of David S. Grantier; thence along said line north twenty-four perches to the place of beginning; containing about five acres, and being parts of lots of lands sold by David S. Grantier to said John C. Rose, together with all and singular the improvements thereon and the appurtenances thereunto belonging or in any wise appertaining, being the same premises which the said John C. Rose agreed to convey to the said Thomas Owen as aforesaid, and which said Owen has conveyed by deed as aforesaid to William S. Baker; and the said administrator's deed, duly executed and acknowledged as aforesaid, shall be as valid and effectual to pass the interest of said minors in the said estate, as if the same had been duly executed and acknowledged by them, being of full age and unmarried: Provided, That the said administrator, before executing such conveyance, shall give bond to the commonwealth, with surety as shall be approved of by the orphans' court of Bradford county, in the sum of twice the amount of said purchase money, conditioned for the faithful application of said money.

SECTION 2. The administrators of the estate of Reuben Nash, late Reuben Nash to of Bradford county, deceased, be and they are hereby authorized to execute deeds of release to the settlers, and those interested in lands contained in warrants numbers nine hundred and sixty-five and nine hundred and sixty-six, situate in Columbia township, in said county, in pursuance of the contract of said deceased, and with the same effect as if executed by him in his lifetime.

FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The seventeenth day of March, one thousand eight hundred and forty-five.

No. 106.

FRS. R. SHUNK.

Appeals to supreme court.

AN ACT

To allow and regulate appeals to the supreme court, for the Eastern district of Pennsylvania, from the decrees in equity of the court of common pleas of the county of Philadelphia.

SECTION 1. 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 any person or persons, body or bodies politic or corporate. parties to any suit in equity now pending, or hereafter to be instituted in the court of common pleas of the county of Philadelphia, who may be affected by any interlocutory or final order or decree in such suit in equity, hereafter to be made by the said court of common pleas, shall be entitled to appeal therefrom to the supreme court, in and for the Eastern district of

Pennsylvania, upon the same terms, and with the same regulations as are provided by the existing laws, in regard to appeals from any definitive sentence or decree of an orphans' court: Provided always, That in addition to a compliance with the foregoing terms and regulations, it shall be necessary for the party appellant, in order to secure to himself the advantage of a stay or supersedeas of execution, to comply with the following further terms and conditions:

Appeals in equi

I. If an appeal be made, from any order or decree of the said court of common pleas in equity, directing the payment of money, such appeal ty. shall not stay the issuing of execution or other process, to enforce the decree or any proceedings thereon, unless a bond be given by or on behalf of the appellant, to the adverse party, in a penalty at least double the sum decreed to be paid, with two sufficient sureties, to be approved by the said court of common pleas, or one of the judges thereof, conditioned, that if the appellant shall fail to prosecute his appeal, or if the same be dismissed or discontinued, or if the decree appealed from, or any part thereof be affirmed, then that such appellant will pay and satisfy the amount directed to be paid by such decree, or the part of such amount as to which such decree shall be affirmed, if it be affirmed only in part, and all damages which shall be awarded against the appellant by the said supreme court upon such appeal.

II. If the decree appealed from, direct the assignment or delivery of Assignments, &c. any securities, evidences of debt, documents, chattels or things in action, the issuing and execution of process to enforce such decree, shall not be stayed by such appeal, unless the articles required to be assigned or delivered be brought into court, or placed in the custody of such officers or receivers as the said court of common pleas shall appoint, or unless a bond in a penalty, at least double the value of the articles so directed to be delivered or assigned, be given to the adverse party, with two sufficient sureties, to be approved as hereinbefore directed; conditioned, that the appellant will abide and obey the order of the said supreme court, made upon the subject of such appeal.

III. If the decree appealed from, direct the execution of any con- Execution of conveyance or other instrument by any party, the issuing and execution of veyance. process to enforce such decree, shall not be stayed by such appeal, until the appellant shall have executed the conveyance or instrument directed,

and deposited the same with such officers or receivers, as shall be desig

nated by the said court of common pleas.

IV. If the decree or order appealed from, direct the sale or delivery Sale on delivery of the possession of any real property, the issuing and execution of pro- of property. cess to enforce the same, shall not be stayed until a bond be given with sureties as hereinbefore directed, in such penalty as the court of common pleas shall deem sufficient, conditioned that during the possession of such real property by such appellant, he will not commit or suffer any waste to be committed thereon; and in case such appeal be dismissed or discontinued, or such order or decree be affirmed, such appellant will pay the value of the use and occupation of such property, from the time of such appeal, until the delivery of the possession thereof, pursuant to such order or decree.

SECTION 2. Whenever in the foregoing cases, an appeal shall be perfected by bringing into court, or depositing pursuant to its order, any articles required to be so deposited, or any instruments required to be executed, or by the giving a bond as herein prescribed, such appeal shall stay all further proceeding in the said court of common pleas, Stay of proceedupon the order or decree appealed from, and upon the subject matter ings. embraced in such order or decree; but shall not prevent the said court of common pleas from proceeding upon any other matter included in the