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Irish Tract lane may be closed.

Proviso.

No. 109.

AN ACT

Relating to Irish Tract lane and Wharton street, in the township of Moyamensing, and to change the name of a certain street in the district of Southwark.

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 so much of the second section of the act of April eighth, eighteen hundred and forty-six, entitled "An Act vacating a part of Camac street, in Penn township, in the county of Philadelphia, and for other purposes," as prohibits the closing and occupancy of Irish Tract lane, by the respective owners of property thereon, until such time as certain other streets have been laid out, opened, and put in traveling condition, be and the same is hereby repealed, so far as it relates to that part of the said lane that lies between Cedar and Fitzwater streets; and the owners of property fronting thereon, be and they are hereby authorized to close and take possession of the same, whenever they shall deem it expedient: Provided, That the consent of the board of commissioners of the township of Moyamensing shall be first obtained.

SECTION 2. That Wharton street, between Passyunk road and Tenth Wharton street street, in the county of Philadelphia, be and the same is hereby reduced reduced in width' in width on the northern side thereof, so as to conform to and range and part vacated. with the northern line of said street, as laid down to the east of Passyunk road, and west of Tenth street; and so much of said Wharton street, as heretofore laid down, as lies north of the line herein designated, be and the same is hereby vacated.

Crab street changed to

Charles street.

SECTION 3. That a certain street, now called Crab street, extending from Cedar to Plum street, in the district of Southwark, Philadelphia county, shall be hereafter designated and known by the name of Charles

street.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The twenty-fourth day of February, one thousand eight

hundred and forty-seven.

FRS. R. SHUNK.

No. 110.

AN ACT

Relating to arbitrations.

WHEREAS, Great inconvenience and embarrassment are often expe- Preamble. rienced in the trial of suits between contractors, and laborers and workmen, employed in the construction or repairs of railroads and canals, by companies incorporated by the laws of this commonwealth, and empowered to construct such railroads and canals, and such incorporated companies, by reason of the want of power in arbitrators in actions depending before them, to compel the production of books and papers which contain evidence pertinent to the issue; 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

from and after the passing of this act, arbitrators shall have power in Powers of arbi any action depending before them, between any contractors, laborers or trators in certain workmen, and any company incorporated by the laws of this common- cases specified. wealth, and empowered to construct, make and manage any railroad, canal, or other public internal improvement, to require either party to produce any books or writing, in their possession or power, which contain evidence pertinent to the issue; and if such party shall fail to produce such books or writings, or to satisfy said arbitrators why the same is not in their power so to do, it shall be lawful for the said arbitrators to find an award against such party, if plaintiff, of no cause of action, if defendant, for such sum as the plaintiff, his agent or attorney, shall make oath or affirmation, is justly due, according to the best of his knowledge and belief: Provided, That before such requirement Proviso. shall be made by such arbitrators, it shall be proved to their satisfaction, on oath or affirmation, that clear and distinct notice in writing shall have been given to produce such books or writings, at least ten days previous thereto.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,
Speaker of the Senate.

APPROVED-The twenty-fourth day of February, one thousand eight

hundred and forty-seven.

FRS. R. SHUNK

No. 111.

AN ACT

To confer on Hannah Elizabeth Cresswell, the rights and privileges of a child born in lawful wedlock.

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 the said Hannah Elizabeth Cresswell, daughter of Samuel M. Cresswell and Thamazine, his present wife, of West Nantmeal township, Chester county, shall have and enjoy all the rights and privileges of a child born in lawful wedlock; and shall be able and capable in law to inherit and transmit any estate whatsoever, as fully and completely, to all intents and purposes, as if she had been born in lawful wedlock.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The twenty-fourth day of February, one thousand eight hundred and forty-seven.

FRS. R. SHUNK.

No. 112.

AN ACT

To exempt a certain part of the West-town school property, in the county of Chester, from taxation for county and school 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 of the real estate which is now or may hereafter be held by trustees, for the use and support of a seminary of learning in West-town, in the county of Chester, under the direction and control of Philadelphia yearly meeting of the religious society of Friends, one hundred acres of the farm attached to the said institution, together with the buildings thereon, which may be used for school purposes, are hereby exempted from taxation for county and school purposes, so long as the said pro

perty shall be held and employed by said society for the purposes of

education.

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APPROVED-The twenty-fourth day of February, one thousand eight hundred and forty-seven.

FRS. R. SHUNK.

No. 113.

AN ACT

To enable the trustees of Hannah Jones, Margaret Pollin and Catharine Parke, to sell certain real estate.

WHEREAS, Elizabeth Finch, late of the city of Philadelphia, widow, deceased, by her last will and testament, bearing date the twenty-third Preamble. day of January, in the year of our Lord one thousand eight hundred and twenty-two, duly proved and remaining in the register's office at Philadelphia, did give, devise and bequeath unto George Pepper, his heirs and assigns, all those her tenements and lots of ground, situate at the north-west corner of Chestnut street and Delaware Front street, in the city of Philadelphia, containing in front, on the said Front street, about twenty feet, and in length or depth, along the said Chestnut street, about forty-nine feet, more or less, in trust for her daughter Hannah for life, and after her decease, for such uses and estates as she, the said Hannah, might, by will or appointment, direct and appoint; and for want of such direction and appointment, then to the use of her lawful issue and heirs, in such manner as the estates of persons dying intestate in Pennsylvania, are disposed of according to law, charged with the equalization in favor of the three other children of the said testatrix, as in the said will is more fully and at large set forth:

And whereas, The said property is in a state of dilapidation and decay, and the parties interested therein are unable to improve or repair the same, so that it may be fully available to them in proportion to its value; 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 trustee or trustees, for the time being, of the said hereinbefore men. Power to sell. tioned messuages and lots of ground, under the said last will and testament of Elizabeth Finch, deceased, be and he or they are hereby authorized and empowered, with the consent and concurrence of the surviving children of the said Elizabeth Finch, to sell the said messuages and lots of ground at public or private sale, for the best price that can reasonably be obtained for the same; and to convey the same, in fee simple to the purchaser or purchasers thereof, free from and discharged

Proviso.

of every trust, and without any obligation on the part of such purchaser or purchasers thereof, to see to the application of the purchase money; and also to grant the said premises to any person or persons reserving a ground rent on perpetuity, either redeemable or irredeemable, in trust for the uses and purposes in the said will declared, of and concerning the said messuages and lots, and to sell such ground rent at any time, and conveying the same to the purchaser thereof, discharged from the trust of the said will, and without any obligation on his part to see to the application of the purchase money, and to release such ground rent on the payment or performance of the covenant or condition of extinguishment: Provided. That before the trustee or trustees shall make any such deed or deeds, where the whole or part of the consideration money is to be received by him or them, and before he or they shall make any deed for the sale or release of any such ground rent, reserved as aforesaid, he or they shall give security in the court of common pleas for the city and county of Philadelphia, to be approved of by said court. conditioned for the investment of the said consideration money or moneys paid on the sale of the said premises, or the sale or release of such ground rent, upon the same trusts and for the same uses, estates and persons as are declared, mentioned and set forth in the said will of Elizabeth Finch, deceased, of and concerning the said messuages and lots; and in case of inability of the said trustee or trustees to give such security, the said court of common pleas may direct the investment of such consideration money or moneys in such securities as they may see fit, subject to said trusts, and subject to their direction and control.

JAMES COOPER, Speaker of the House of Representatives.

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APPROVED-The twenty-fourth day of February, one thousand eight hundred and forty-seven.

FRS. R. SHUNK.

Estate vested.

No. 114.

AN ACT

To vest certain property in the children of Catharine Tripple, of the city of Lancaster, deceased.

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 all the property of which Catharine Tripple, of the city of Lancaster, was seized in her life time, is hereby vested in her children, to wit: Sarah, Francis, Melchoir J., Isabella and Ann Amelia Tripple, their heirs and assigns forever; and the commonwealth hereby releases any claim she may have in the said property, by escheat or otherwise.

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