pense with such publications, if for any cause it shall appear just and expedient so to do. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The twenty-seventh day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. Penalty. Penalty. Penalty. George's creek, Fayette county. Game in Cum No. 147. AN ACT To prevent the destruction of trout in the Letart Spring, and for the preservation of the same, in Cumberland county, and for other purposes. 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 if any person shall fish for, or wilfully catch or kill trout in the Letart spring, in the county of Cumberland, from the first day of September to the first day of May, in each and every year, or a non-proprietor at any other time, without the consent of the owner, he shall forfeit and pay the sum of five dollars for every such offence. SECTION 2. If any person shall enter into, and upon the premises of any owner of land, on the said Letart spring at night, for the purpose of fishing in said Letart spring, in said county, with lights and torches, without the consent of the owners of such land first had and obtained, he shall forfeit and pay the sum of five dollars for every such offence. SECTION 3. If any person shall enter into, and upon the premises of any owner of land, on the said Letart spring, at any time of the year, for the purpose of fishing in said Letart spring, in said county, with seines or nets of any description, shall forfeit and pay the sum of ten dollars for every such offence. SECTION 4. That the provisions of the resolution, passed the eighteenth day of April, eighteen hundred and forty-four, entitled "A resolution relative to the destruction of fish in certain streams in Greene and Crawford counties, are hereby extended to George's creek, in Fayette county.' SECTION 5. That from the first day of February to the first day of berland county. October, in each year hereafter, it shall not be lawful for any person to shoot, trap, kill, or destroy any wild turkey, pheasant, partridge or rabbit, in the county of Cumberland, under the penalty of five dollars for each and every offence. Woodcock. SECTION 6. That from the first day of February to the first day of July, in each year hereafter, it shall not be lawful for any person to shoot, kill, or destroy any woodcock in the county aforesaid, under the penalty of five dollars for every such offence. SECTION 7. Any person offending against any of the provisions of Penalty. FINDLEY PATTERSON, Speaker of the Senate. APPROVED-The twenty-seventh day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 148. AN ACT Conferring certain powers on the guardians of Samuel H. Keller and Richard L. WHEREAS, It appears by petitions from the guardians of Samuel H. Keller and Richard L. Ewalt, of Allegheny county, that a private road Preamble. has recently been laid out by order of court, through the lands of said minors, to the Allegheny cemetery, which road is limited by law to the width of twenty-five feet: And whereas, It is represented that a wider road, and one perhaps differently located, would better serve the purposes of the cemetery, without material prejudice to the estate of the minors, and that an arrangement, greatly advantageous to both parties, might be made, if a power existed to effect a sale; 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 said guardians for their several wards, or their successors in office, Sale of real esare hereby authorized and empowered to sell to said cemetery, a road tate. not exceeding fifty feet in width, by such route as may be agreed upon, without detriment in their judgments, to the estates under their charge respectively. SECTION 2. That James B. Irwin, trustee of John D. Mahon, and Trustee of John Agnes M., his wife, late Agnes M. Rose, under a certain marriage settle- D. Mahon and ment, executed by the said John D. Mahon and Agnes M. Rose, on the wife, to borrow fifteenth day of January, one thousand eight hundred and thirty-three, money. be and he is hereby authorized to borrow, with the written approbation and assent of said John D. Mahon and wife, under their hands and seals, duly acknowledged on mortgage of any part of the trust estate, any sum or sums of money, not exceeding three thousand dollars, and re-invest Bond. Samuel Becker authorized to sell real estate of Henry Schram. Proviso. the same for the use of said trust estate, by the purchase of any part of the share of the estate of Erin Hill, formerly owned by W. W. Irwin, and purchased at sheriff's sale, by William Arthurs and Ewalt: Provided, That before such loan and mortgage be made, the trustee shall give bond to the commonwealth, for the use of the persons interested, in such penalty, and with such securities, as the court of common pleas of Allegheny county shall approve, for the faithful appropriation of the money so borrowed. convey SECTION 3. That Samuel Becker, of Mill Creek township, Lebanon county, be and he is hereby authorized to sell, at public sale, and to in fee simple, all the right, title and interest of Henry Schram, late of Heidelberg township, in said county, 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 Henry Schram, 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 Henry Schram, in his lifetime: Provided, That before any deed of conveyance shall be executed for the same, the said Samuel Becker shall file 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. APPROVED-The twenty-seventh day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 149. AN ACT Authorizing the sale and conveyance of certain real estate. WHEREAS, By a certain deed of indenture dated March thirteenth, Anno Domini one thousand eight hundred and thirty-five, recorded in the office for recording deeds, for the city and county of Philadelphia, Preamble. in deed book A M, number sixty-five, page six, &c., between John James, of East Bradford township, Chester county, and state of Pennsylvania, and Rachael P. James, his wife, of the one part, and David Townsend, of the borough of West Chester, and state aforesaid, of the other part, the following real estate, to wit: All that certain three storied brick messuage and lot or piece of ground situate on the west side of Delaware Fifth street, between Sassafras street and Cherry street, in the city of Philadelphia, containing in front or breadth on the said Fifth street, twenty feet, and in length or depth, eighty feet, bounded eastward by the said Fifth street, northward by a messuage and ground of Andrew D. Cash, westward by a certain ten feet wide alley, extending from Sassafras street to Cherry street, and southward by a messuage and ground now or late of James Stokes, together with the free use and privilege of the said ten feet wide alley, with the appurtenances, was sold and conveyed to the said David Townsend, "in trust nevertheless to and for the use of the said John James and Rachael P., his wife, for and during their joint lives, and the life of the survivor; and in the event of their leaving at their death, heirs of the body of the said Rachael, by said John begotten, then to them and their heirs forever, in fee simple; and in default of such joint heirs living at their death, then to the said John James. and his right heirs, forever, in fee simple," in trust nevertheless, as their portion truly recited and set forth, reference being thereto had, will more fully appear. And whereas, The said John James and Rachael P., his wife, have but one child, now aged about ten years, a son, and it is considered highly desirable to sell the said real estate, and invest the proceeds in the purchase of a farm subject to the same trusts, limitations, and conditions set forth in the before recited deed; and doubts have arisen as to the capacity of the parties to the same, to make a good title. SECTION 1. Be it enacted by the Senate and House of Representa- Trustec of John tives of the Commonwealth of Pennsylvania in General Assembly James and wife, met, and it is hereby enacted by the authority of the same, That to sell real estate. it shall and may be lawful for the said David Townsend, trustee as aforesaid, with the assent of the said John James and Rachael P., his wife, to be expressed by their joining in the deed, to sell and convey the said real estate at public or private sale, for the best price that can be obtained for the same, and to make a good and sufficient title to the purchaser; the proceeds of such sale to be received by the said David Townsend, trustee as aforesaid, and by him re-invested in the purchase of a farm or such other real estate as may be deemed most beneficial for the objects of the trust, subject to the same trusts, conditions and limitations, with those contained in the before recited deed, and without any liability on the part of the purchaser or purchasers, in respect to the application of the purchase money or any part thereof, after the payment Proviso. Bond. Rose W. Goodrich to sell real estate. of the same to the said trustee: Provided, That it shall be the duty of the said trustee before he executes the authority herein given, to give security in such form and amount, as the court of common pleas of Chester county may direct and approve, with condition for the faithful performance of his duties, and the appropriation of the proceeds of sales, as directed by the provisions of this act. SECTION 2. That Rose W. Goodrich. late Rose W. Cross, to whom was devised by the last will and testament of Henry Cross, late of the borough of Harrisburg, deceased, the one-half part of lot number fifteen, in the general plan of said borough, is hereby authorized, joining with her husband, E. S. Goodrich, and with the consent of James W. Weir, one of the executors, which may be signified by his attesting the deed, shall have full power to sell at public or private sale, and make a title therefor, in fee simple, all of said half lot of ground, with the appurtenances; and the deed so made shall be good and valid for the purposes aforesaid, notwithstanding the assent of both the executors of said decedent may not be obtained. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The twenty-seventh day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. No. 150. AN ACT To annul the marriage contract between Lavinia L. Thompson and Charles Thompson, her husband. 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 marriage contract entered into between the said Lavinia L. Thompson and Charles Thompson, her husband, be and the same is hereby declared null and void, and the parties discharged from all obligations and liabilities growing out of the same, as fully and absolutely as if they had never been joined in marriage. FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The twenty-seventh day of March, one thousand eight hundred and forty-five. FRS. R. SHUNK. |