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drawn by four horses, twenty-five cents; for every sleigh or sled, drawn by three horses, twenty cents; for every sleigh or sled, drawn by two horses, eighteen and three-fourth cents; for every sleigh or sled, drawn by one horse, twelve and a half cents; for every horse, mare or gelding, with a rider, six and a fourth cents; for every horse, mare or gelding, without a rider, four cents; for every carriage drawn by oxen, or partly by oxen and partly by horses, to be rated in the proportion of two oxen for one horse, and in all cases a mule shall be rated the same as a horse; for every score of sheep or swine, twelve and a half cents; for every head of horned cattle, two cents; and in no case shall it be lawful for the owner or driver of any horses or cattle, to lead or drive more than twelve head on said bridge at the same time: Provided, That any person or persons attending funerals, or any military Free passage. company or detachment of this state or of the United States, persons attending divine worship on the Sabbath day, all persons going to or returning from any election or military training, and students or children attending schools or other seminary of learning, shall at all times be exempt from the payment of any toll.

SECTION 7. That if any person or persons shall wilfully ride, drive, Penalty for rapid or lead any horse or creature faster than a walk, when crossing said driving, &c. bridge, he, she or they, so offending, shall for every such offence forfeit

and pay the sum of five dollars, to be recovered for the use of said

company, as fines of a similar amount are by law recoverable.

SECTION 8. That if any gate keeper for said company, their succes- Penalty for exsors or assigns, shall demand and collect any greater rates or prices for cessive tolls. passing over said bridge than what is hereinbefore authorized, he, she or they, so offending, shall for every such offence forfeit and pay the sum of ten dollars, to be recovered for the use of the person aggrieved, as fines of the same amount are by law recoverable: Provided, That such suit or action be brought within twenty days after the offence shall have been committed.

SECTION 9. That the county commissioners of the county of Ve- Free bridge at nango, be and they are hereby authorized to build a free bridge over the Franklin, VeFrench creek, at the town of Franklin, at the foot of High street, in nango county. said town and said county.

FINDLEY PATTERSON,
Speaker of the House of Representatives.

WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The twelfth day of April, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

Commissioners appointed in Fayette county.

To locate and erect county buildings.

Subscriptions.

How collected.

Application of.

No. 270.

AN ACT

To authorize the erection of public buildings in the county of Fayette, and for other purposes.

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 Robert Blakely, Thomas Duncan, P. F. Gibbons, John Fuller, Henry W. Beeson, John R. Lohr, and Thomas Morris, are hereby appointed commissioners to do and perform the several duties enjoined by this act; they shall, on or before the first day of September next, make a suitable selection and location for the erection of public buildings for the county of Fayette, which selection and location shall be amply sufficient for the erection of a court-house, county prison, and different offices for the county records; they shall also receive proposals for the erection of the buildings contemplated by this act, and in determining the location aforesaid, shall be governed by such terms and conditions as may be most conducive to the whole public interest.

SECTION 2. It shall be lawful for the commissioners aforesaid, to obtain or receive subscriptions from any person or persons, or bodies corporate, who may be willing to subscribe any money, or other property, for the erection of such buildings as are provided for in the first section of this act, and in default of the payment of such subscriptions, the commissioners are hereby empowered to cause suit to be brought in the name of the county of Fayette, to enforce the recovery of the same; and all such subscriptions in money, or otherwise, when received and collected, shall be applied towards defraying the expenses of such county buildings; and the said commissioners shall have full power and authority to sell at public auction, and convey to the best bidder or bidders, Buildings at and upon such terms as they may deem most conducive to the public Uniontown to be interest, all the public buildings yet remaining at Uniontown, together with the real estate belonging to said county of Fayette, the proceeds whereof shall also be applied towards the erection of the public buildings aforesaid: Provided, That all moneys raised and to be raised by virtue Surplus moneys. of this section, over and above what may be necessary to fix the location and complete the county buildings contemplated by this act, shall be paid into the county treasury for county purposes: Provided, also, That such sale of the public property mentioned in this section, shall not go into effect unless the same shall be deemed necessary by the said

sold. Proceeds.

Proviso.

Purchase of site.

Extent.

Pay of commissioners.

commissioners.

SECTION 3. That the said commissioners are hereby authorized and empowered to purchase and receive in conveyance for such lot or lots of ground, as may be required or necessary for the location and erection of the buildings aforesaid: Provided, The same shall not exceed two

acres.

SECTION 4. That the said commissioners, in the performance of the services required by this act, shall severally receive one dollar for each day necessarily employed by them, payable out of the county treasury and the commissioners of the county of Fayette shall cause this act to

be published in two newspapers of said county, for one month prior to Publication of the first day of September next.

this act.

SECTION 5. So much of the existing laws of this commonwealth as Repeal. are altered or supplied by this act, be and the same are hereby repealed.

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

Speaker of the Senate.

APPROVED-The twelfth day of April, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

No. 271.

AN ACT

Regulating the elections of the Bellefonte, Aaronsburg and Youngmanstown turnpike road company.

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 stockholders of the Bellefonte, Aaronsburg and Youngmanstown turnpike road shall, after the passage of this act, hold their annual election on the second Tuesday in March, of each year; and the stockholders shall, hereafter, at any election for officers of said company, be entitled to one vote for every share not exceeding ten; one vote for every two shares exceeding ten, and not exceeding thirty one vote for every four shares above thirty, and not exceeding one hundred; and one vote for every five shares above that number: and so much of any law as is hereby altered and supplied by this act, be and the same is hereby repealed.

FINDLEY PATTERSON,

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

Speaker of the Senate.

APPROVED-The twelfth day of April, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

Preamble.

No. 272.

AN ACT

Authorizing the sale of certain real estate, and for other purposes.

WHEREAS, John Robinson, deceased, of Allegheny county, died possessed of a large real estate in said county, and leaving several children, among whom was Mary who intermarried with Michael O'Hern:

And whereas, The said Michael and Mary, his wife, after the decease of her father, conveyed all the interest in the estate of her said father to Peter Beard and his heirs by deed, dated the thirteenth day of January, in the year of our Lord one thousand eight hundred and thirty-seven, and recorded in said county, in record book

page

upon trust, to pay the profits to said Mary for her separate use, free from the control of her said husband, so that she shall not sell, charge or dispose of the same; and to convey the same to her in case she should survive her said husband, with a power to said Mary to dispose of said estate by way of appointment if she should die before the husband, and in case of her death without appointment to her heirs :

And whereas, The said Michael O'Hern and Mary, his wife, have many years ago removed to Brooklyn, in the state of New York, and the said estate owing to their absence is but little productive, and the management has become inconvenient :

And whereas, The said Mary has made application for a law authorizing the sale of said estate, and investing the proceeds thereof in real estate in Brooklyn, in the state of New York or its vicinity, in such manner as may be more advantageous to her on the same or similar trusts; therefore,

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 Trustees of Mi- the said Peter Beard, or trustees of said estate for the time being, shall chael and Mary have authority to sell and convey, under the direction of said Mary, O'Hern, to sell the said real estate so conveyed to the said Peter Beard in trust as aforereal estate. said, to such purchaser or purchasers, and on such terms and for such estate, and in such parcels as may be most advantageous to the estate of said Mary, and to invest by purchase or incumbrance the proceeds of such sales in real estate in the cities of New York or Brooklyn, or the vicinity thereof, upon the same trusts as those contained in the said deed: Provided, That the said trustee or some one for him before he shall make such sale, shall give security, to be approved of by the district court of said county, faithfully to sell said estate at fair and reasonable prices, and that he will faithfully invest the proceeds of the estate aforesaid in the purchase of other real estate or incumbrances on real estate, in or near said cities, upon said trusts.

Smith Hamill to execute deed.

SECTION 2. That Smith Hamill, executor of the last will and testament of Nathaniel Hamill, late of North Beaver township, Beaver county, deceased, is hereby directed and empowered to make and execute a deed of conveyance to the school directors of said township, for a certain moiety of ground, which said Nathaniel Hamill, deceased, in his lifetime, did give to said school directors for common school pur

poses, he, the said Smith Hamill, being first well satisfied of such donation having been made by the said deceased, in his lifetime, for the purposes aforesaid: Provided, The same do not exceed one acre of land. SECTION 3. That the court of common pleas of Lancaster county is Court of Lancashereby authorized and required, upon the petition of Daniel L. Has- ter county to apbuck, and Fidelia R. his wife, late F. R. Vandyke, Dr. Samuel Humes point trustee for and Henry V. D. Johns, being the several sureties to an agreement, Fidelia Hasbuck. under seal, dated the twenty-fourth of May, eighteen hundred and fortytwo, and duly recorded in the recorder's office, at Lancaster, in record book W, volume six, page one hundred and ninety-three, et cetera, to appoint a trustee in place of Henry V. D. Johns, if the said Johns shall decline the duties of said trust; the said trustee shall be appointed by the said court, at the instance and suggestion of the said Fidelia R. Vandyke, provided the person thus suggested shall be a citizen of Pennsylvania, and competent to discharge the duties of said trust; and the

said trustee is hereby authorized, upon the terms and restrictions here. Trustee may sell inafter mentioned, to sell and convey, in fee simple, all the estate, right real estate.

and interest of the said Daniel L. Hasbuck, and Fidelia R. his wife, in
and to a certain tract of land called Rockford, in the township of West
-, in the county of Lancaster, containing one hundred and thirty-eight
acres and thirty-one perches; and also, their estate, right and interest
in and to a tract of land of twenty acres, more or less, in the city of
Lancaster, and also their estate, right and interest, in and to an undi-
vided tract of land in or near Meadville, in the county of Crawford, and
shall have power to make and execute to the purchaser or purchasers
thereof, in fee simple, good and sufficient conveyances, in law and
equity, conveying and
in fee, all the estates of the said

Daniel L. Hasbuck and Fidelia R. his wife.

SECTION 4. The said trustee, before he proceeds to the performance Court to order of his duties herein imposed, shall present a petition to the said court, sale. setting forth the advantages that may result to the interest of the said Fidelia, from the sale of the said real estate mentioned in the preceding section; and if the court shall be of opinion that the said sale would be advantageous to the interest of the said Fidelia, and of all others interested, under the terms and provisions of said agreement, the said court is authorized to grant an order of sale to the said trustee to sell the said real estate, as provided for in the preceding section.

SECTION 5. The proceeds of the sales of the said lands shall be se- Investment of curely invested under the direction of the said court, by the said trustee, proceeds. so as to secure and carry fully into effect the covenants and objects of the said agreement; and the said trustee shall, before he proceeds to execute the order of sale, give bond to the commonwealth, with sufficient secu- Bond. rity, for the use of the said Fidelia, and all others interested, conditioned for the faithful performance of his duties, and the faithful application and appropriation of the proceeds of sales according to the intent and directions of this act.

SECTION 6. Before the order shall be granted, as hereinbefore directed Assent of cestui by the said court to the said trustee, to sell the said real estate, as herein que trust reprovided for, the assent of the said Fidelia L. Hasbuck shall be given quired.

to the order aforesaid, the court shall be satisfied that such assent is

given without any compulsion, or coercion of her said husband, and

with full knowledge of her rights.

WHEREAS, It is represented that Westley Lumeroux, of the county Preamble.

of Luzerne, bid off, at orphans' court sale, a tract of land unimproved, Westley Lumercontaining thirty-two acres, in said county, which land was ordered to oux, of Luzerne be sold at public vendue, by the order and decree of the said court, as county. the property of Isaac Fuller, deceased, and that the said Westley Lu

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