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No. 184.

AN ACT

To authorize the guardian of the minor children of Joseph M'Mackin and Elizabeth, his wife, to sell certain real estate.

SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the guardian of the minor children of Joseph M'Mackin and of Eliza- Power to sell. beth, his wife, now deceased, shall, during their minority, have power and authority to sell and dispose of, for cash or on credit, and with or without the reservation of any redeemable or irredeemable ground rents or other rents, the whole or any part or parts of the shares of said minors, respectively, of or in any lands, tenements, or hereditaments, in the city and county of Philadelphia, wherein John Smith, late of the said city, father of the said Elizabeth M'Mackin, deceased, wife of the said Joseph M'Mackin, was, at the time of his death, legally or equitably interested, in severalty or in common, or together, with any other person or persons, and to convey the same to the purchasers and their heirs, and to give effectual receipts and discharges for the purchase money: Provided, That the said guardian shall previously, in all Proviso. cases, give security, to be approved and filed in the orphans' court of Philadelphia county, for the faithful and proper application of all purchase or extinguishment moneys that may be received by him, under any such sale or disposition, as aforesaid.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The sixth day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

Exemplified copies of records,

to be recorded in recorder's office

No. 185.

A FURTHER SUPPLEMENT

To the act erecting Blair 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 the recorders of Bedford and Huntingdon counties, respectively, shall, on the payment of the legal fees, by the person applying, furnish to any person who shall demand the same, exemplifications of mortgages of Blair county. upon lands now situated in the county of Blair, recorded in the recorder's office of either of the counties; and the same shall, at the instance of the mortgagee or other party interested therein, be recorded by the recorder of the said county of Blair, in the mortgage book of the said county, and file the exemplifications thereof in his office; and said Force and effect. mortgages being so recorded, shall have the same force and effect, and may be sued out and proceeded in to final execution, as if the same had been originally recorded in the recorder's office of said county of Blair; but nothing herein contained, shall be construed to impair or in anywise to prejudice the lien of any such mortgages in the counties of Huntingdon and Bedford, should exemplified returns not be filed, as aforesaid, in the said county of Blair, nor to prevent proceedings thereon to final execution against property in either of said counties of Bedford and Huntingdon, in the same manner as if this act, and the act to which this act is a supplement, had not been passed; and it shall be lawful for the mortgagees or other party interested in said mortgages, to proceed upon said mortgages in either of the said counties of Huntingdon, Bedford or Blair, at their election.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The sixth day of March, one thousand eight hundred and

forty-seven.

FRS. R. SHUNK.

No. 186.

AN ACT

Relative to claim of Charles E. Young.

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

ine claim.

the canal commissioners be and they are hereby authorized to examine Canal commisthe claim of Charles E. Young, for damages alleged to have been sus- sioners to examtained by reason of the wreck of his boat at Green's dam, on the thirtyfirst day of May, eighteen hundred and forty-six; and if they shall find that the accident was occasioned by the negligence or carelessness of any state agent or agents or other officer, or any insufficiency of the tow-boat or engine, they shall assess the amount of damages, if any, and report the facts to the legislature.

JAMES COOPER,

Speaker of the House of Representatives.
CH. GIBBONS,

Speaker of the Senate.

APPROVED-The sixth day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

No. 187.

AN ACT

Authorizing the trustee of Agnes Wallace to sell and convey certain real estate.

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 Samuel R. Dunlap, surviving trustee of Agnes Wallace, is hereby authorized Power to sell. to sell, at public or private sale, and convey lot, number twenty, in the borough of New Castle, in the county of Mercer, or any other real estate conveyed by Enoch Marvin, by deed, dated the twenty-sixth day of March, A. D., one thousand eight hundred and thirty-two, to John Clark, in trust for the said Agnes Wallace, and conveyed by said John Clark to William Dunlap, and Samuel R. Dunlap, for the uses and trusts aforesaid; and to invest the proceeds of such sale as may be most beneficial to the interests of the said Agnes Wallace: Provided however, That before such sale shall take place, the surviving trustee aforesaid, shall give bond, with sufficient surety, to be approved by the

orphans' court of Mercer county, conditioned for the faithful appropriation and investment of the proceeds of such sale.

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APPROVED-The sixth day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

Preamble.

No. 188.

AN ACT

Supplementary to an act, passed on the first day of April, one thousand eight hundred and thirty-four, entitled "An Act to provide for the incorporation of boroughs," as far as respects the borough of Germantown, in the county of Philadelphia.

WHEREAS, It appears from the great extent of this borough, and the large and increasing population of the same, that the duty imposed on the present burgess and town council has become onerous, and for the better discharge of their several duties demand an increase of their num. ber; 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 term of service of the present burgess, town council and town conburgess and coun- stable shall expire so soon as their places shall be supplied by others, to be elected and qualified to serve in their places, agreeable to the provisions of the second section of this act.

Term of present

cil.

officers.

SECTION 2. That it shall and may be lawful for the inhabitants reTo elect borough siding within the said borough, who are or may be qualified to vote for members of the general assembly of this commonwealth, to elect, by ballot, on the third Friday in the month of March next, (at the time and place appointed by law, for the choice of inspectors of the general election, and the election of township officers,) out of such of the inhabitants residing within the said borough as are or may be qualified to serve as members of the general assembly, one suitable person to serve as burgess for one year, and four suitable persons to serve as town council for one year, and four like suitable persons to serve as town council for two years, and one suitable person to serve as town constable for one year; and on the third Friday in the month of March, which will be in the year one thousand eight hundred and forty-eight, one like suitable person to serve as burgess for one year, in the room of the burgess whose term of service will then expire, and four like suitable persons to serve as town council for two years, in the room of the town council whose term of service will then expire, and one suitable person to serve as town constable for one year, in the room of the town con

Tenure.

stable whose term of service will then expire; and also on the third
Friday in the month of March annually thereafter, one suitable person
to serve as burgess for one year, and four suitable persons to serve as
town council for two years, and one suitable person to serve as town
constable for one year: Provided, That no person shall be disqualified Proviso.
from being elected on account of his having before filled the office of
burgess, town council or town constable; and that in all cases where
the number of votes are equal for two or more candidates, the prefer-
ence shall be decided by lot, to be drawn by the inspectors of said elec-
tion: And provided further, That if either of the above named offices Proviso.
of burgess, town council or town constable shall become vacant by death
or otherwise, the town council, at a special meeting to be held for that
purpose, may supply such vacancy until the next election.

SECTION 3. That all elections to be held in pursuance of this act, Elections to be shall be held at the usual place for holding the elections of this borough, held at usual and shall be conducted in the same manner as by the laws of this com- place. monwealth is or shall be directed for holding the general election for persons to serve in the general assembly of this commonwealth; and the judges and inspectors of the general election shall conduct and superintend the same, under and subject to the same rules and penalties as are or may be prescribed for holding the general election.

SECTION 4. That when each election so had and held in pursuance Returns of elecof this act, shall be closed, and the number of votes for each person tions. shall be ascertained, the judges of the election, or a majority of them, shall prepare and make out, under their hands and seals a return thereof, containing the names of the burgess, town council and town constable elect, with the number of votes in favor of each; and shall, within three days after the closing of such election, give notice, in writing, to each of the persons elect of their respective election; and shall also deliver, or cause to be delivered, the said returns to the town council, at the time and place in and by this act appointed for them to meet and receive the same.

SECTION 5. That the persons who shall, at every election, have the Time and place highest number of votes for burgess and town council, together with the of meeting of members of the town council whose term of service shall not have ex- council. pired, shall meet together at the hall of the town council, between the hours of five and eight o'clock in the evening, on the fifth day next subsequent to each and every election to be held in pursuance of this act, and then and there shall receive the said returns of the persons elect, Duties. and shall forthwith proceed to examine the same, and to judge and determine thereon; and for that purpose the said town council so met, or a majority of them, shall have full power and authority to judge thereof, and to confirm or set aside the same, and to order new elections, as the case may require.

SECTION 6. That five of the town council, together with the burgess, Quorum. if present, or if absent a burgess pro tem. shall be appointed, who, together, shall constitute a quorum for the transaction of all business; and at their meetings the doors of their hall shall be open for the admission of any peaceable or orderly citizen.

SECTION 7. That the town constable elected under this act, shall be Constable. and he is hereby vested with like powers, and entitled to all the privi

leges, emoluments and fees, and subject to the same penalties as town

ship constables are at this time entitled and subject to.

SECTION 8. That the burgess and town council shall have full power Power to prohibit and authority to prohibit all menageries, shows and theatrical perfor- shows, &c. mances, under such penalties or fines as they may think proper, or they

may grant license for the same, as they or a majority of them shall by

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