Proviso. bill, and not affected by said order or decree: Provided however, That whenever the order or decree appealed from, directs the sale of perishable property, notwithstanding any such appeal, and the compliance with the foregoing directions, such property may be sold by a special order of the said court of common pleas, after the making of such appeal; and the proceeds of such sale shall be brought into the said court to abide the final order and decree of the said supreme court. SECTION 3. That the supreme court in and for the Eastern district of Pennsylvania, and the court of common pleas of Philadelphia county, shall each have all the power and jurisdiction of a court of equity, in all cases of dower and partition, within the city and county of Philadelphia. 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. FRS. R. SHUNK. No. 107. AN ACT Authorizing John Van Bilbiard and others, trustees, to sell and convey certain real estate. 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 John Van Bilbiard, John Bast and John Shiek, be and they are hereby constituted trustees, with authority to sell and convey in fee simple a certain lot, containing about three-quarters of an acre of land, with an old log school house erected thereon, known as Nances run school house lot, situated in Bethlehem township, Northampton county; the proceeds thereof, to be applied to the payment of the balance due and remaining unpaid for the erection of the brick school house, erected by the trustees of the said Nances run school house, in the said township of Bethlehem Provided, That nothing herein contained. shall authorize the said trustees to dispose of, or interfere with the enclosure immediately attached to the said brick school house. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The seventeenth day of March, one thousand eight hun dred and forty-five. FRS. R. SHUNK. No 108. AN ACT Supplementary to an act, entitled "An Act authorizing John Baughman and Jacob Fisher, as trustees, to carry into effect the last will and testament of Peter Baughman, of North Huntingdon township, in the county of Westmoreland, so far as relates to building a school-house and receiving certain bequests in said will for that purpose." WHEREAS, John Baughman and Jacob Fisher were appointed trustees for the purposes specified in the act of the general assembly, passed the nineteenth day of January, eighteen hundred and thirty-one, to which this is a supplement: And whereas, The said trustees have failed to exercise the powers conferred on them by the said act; therefore, Preamble. 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 John Kunkle and Jacob Iseman be and they are hereby appointed Trustees. trustees, in the room and stead of the said John Baughman and Jacob Fisher, and that they be and they are hereby invested with all the powers and authority which were conferred on the said John Baughman and Jacob Fisher by the said act. SECTION 2. That the said trustees hereby appointed shall continue in Continuance in their said office until the first Saturday of November next, and until office. their successors shall be duly elected. SECTION 3. That the said trustees shall give ten days notice to the Notice to subsubscribers to such school as shall be established by them, of an elec- scribers. tion for trustees, to be held at some convenient place on the said first Saturday in November next, and that then, and annually thereafter, the said subscribers shall elect two trustees, who shall be invested with all the authority, and subject to the duties specified in the act to which this is a supplement. FINDLEY PATTERSON, Speaker of the Senate. APPROVED-The seventeenth day of March, one thousand eight hun dred and forty-five. 11 FRS. R. SHUNK. Executors authorized to sell real estate. Proviso. Bond. No. 109. AN ACT To enable the executors of Wendel Hibshman, deceased, to sell and convey certain real estate. 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 John Bassler and Leonard Strickler, jr., executors of the last will and testament of Wendel Hibshman, late of the county of Lebanon, dec'd., be and they are hereby authorized to sell, either at public or private sale, and to convey in fee simple, all the right, title and interest of the said Wendel Hibshman, deceased, at the time of his death, of, in and to any lands, tenements or hereditaments, situate within the said county of Lebanon; and to make and execute to the purchaser or purchasers thereof, good and sufficient conveyances and assurances in law for the same, which said conveyances and assurances, shall vest in such purchaser or purchasers, all the estate. right, title and interest in law and equity, which the said Wendel Hibshman at, and immediately before his death, had, and held in the same, as fully and completely, and with like effect, as if the said conveyances and assurances had been made and executed by the said Wendel Hibshman, in his lifetime: Provided, That before any deed of conveyance shall be executed for the same, the said executors shall report the sale to the orphans' court, of the county of Lebanon, to be there approved by the said court, if in their opinion the same is beneficial to the interest of the estate of the said deceased: And provided further, That the sale shall not be confirmed, until the said executors shall have filed in the office of the clerk of the orphans' court of the said county, a bond in the usual form, with sufficient security, to be approved by the said court, for the faithful appropriation of the proceeds of such sale, in such manner as the said court shall direct. FINDLEY PATTERSON, Speaker of the House of Representatives. Speaker of the Senate. AFPROVED-The seventeenth day of March, one thousand eight hun dred and forty-five. FRS. R. SHUNK. No. 110. AN ACT Changing the venue of certain cases, from Armstrong county, to Clarion county. WHEREAS, John Guthrie died intestate on the fifteenth day of September, one thousand eight hundred and thirty-nine, in Clarion township, which was at the time of his death, a part of Armstrong county: Preamble. That by an act of assembly, passed the eleventh day of March, A. D. one thousand eight hundred and thirty-nine, entitled "An Act for the organization of a new county from parts of Venango and Armstrong, to be called Clarion,'" said township of Clarion became a part of said county of Clarion: That since the organization of said county of Clarion, proceedings and suits have been had in relation to the estate of the said John Guthrie, in the court of common pleas and orphans' court of said county of Clarion, and also between some of the heirs of John Guthrie and his representatives in said county : And whereas, Doubts have been had whether the court of common pleas and orphans' court of Armstrong county, or the court of common pleas and orphans' court of Clarion county, have jurisdiction in relation to suits and settlements regarding the said estate of said John Guthrie: And whereas, All persons interested in said estate reside in the county of Clarion : Therefore, 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 the court of common pleas of Clarion county shall have full power and Power of court of jurisdiction over all suits or actions which have been or may hereafter Clarion county, be instituted in said court, and over all feigned issues which have been in certain cases. directed or ordered, or may hereafter be directed or ordered to be entered in the same court; and the said court is hereby required and directed to proceed in the same, to trial and final judgment, without regard to any former proceedings which may have been had in relation to the same; and all former proceedings, so far as they relate to the commencement of any suits or actions, or to the entry of any feigned issues ordered by said court, regarding said estate, and the heirs and representatives of said estate, are hereby declared valid and of good effect, and are hereby reinstated: That the orphans' court of said county of Clarion, shall have full power and jurisdiction in relation to said estate, in all matters and things which have heretofore been presented, or may hereafter be presented by petition or otherwise, which are within the jurisdiction of any other orphans' court, and are hereby required to proceed in the same to final adjudication; and all proceedings had in said court in relation to said estate, are hereby declared valid, as if said court had then had full jurisdiction: That all costs Costs. which have heretofore accrued, or may hereafter accrue on any of said suits, actions, or feigned issues in said court of common pleas of Clarion county, and all costs in matters before said orphans' court, shall abide the event of the judgment, and the final issue of the proceedings, as in other cases of like nature. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The seventeenth day of March, one thousand eight hun dred and forty-five. FRS. R. SHUNK. No. 111. AN ACT Relating to the National Troop, of Berks county. 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 hereafter the National Troop, of Berks county, be and the same shall be an independent troop of cavalry, subject to such laws only as relate to independent troops. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The seventeenth day of March, one thousand eight hun dred and forty-five. FRS. R. SHUNK. |