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Publication of

sheriff's sales in Greene county, repealed.

No. 215.

AN ACT

Repealing certain acts in relation to the publication of sheriffs' sales.

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 sume, That the second section of an act, approved the eighth day of April, eighteen hundred and forty-six, entitled An Act relating to the sheriff in Chester and Greene counties," be and the same is hereby repealed.

JAMES COOPER, Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

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

and forty-seven.

FRS. R. SHUNK.

No. 216.

AN ACT

Relative to the Dingman's Choice turnpike road company, in the county of Pike.

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 To erect toll gate. John Westbrook, president, Martin W. Dingman, William F. Brohead, John Layton, William Layton, William Dusenbury and Joseph Flemming, managers of the Dingman's Choice turnpike road company, or their successors in office, are hereby authorized to erect a gate, for the collection of tolls, on the first five miles of said road that may be made and completed according to law.

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

and forty-seven.

FRS. R. SHUNK.

No. 217.

A FURTHER SUPPLEMENT

To the act, entitled "An Act to incorporate the Mine Hill and Schuylkill Haven railroad company," approved the twenty-fourth day of March, Anno Domini eighteen hundred and twenty-eight.

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 act, entitled "A further supplement to the act, entitled Part of act reAn Act to incorporate the Mine Hill and Schuylkill Haven railroad pealed. company," which was passed on the twenty-ninth day of March, eighteen hundred and thirty-six, as is contained in section third, section seventh and in the first and second provisos of section fourth, be and the same is hereby repealed.

SECTION 2. If the persons who shall have transported over the said To place locomoMine Hill and Schuylkill Haven railroad, more than one-half of the tives on the road whole amount of coal which has, during the year then last past, been on certain conditransported over said road, shall present a requisition, duly signed by tions. them, to the managers of said railroad company, expressing their desire that locomotives be placed upon said road, it shall be the duty of the managers, within a reasonable time thereafter, to put upon said road sufficient motive power to transport all the coal and other commodities which may be offered for transportation, and for which the company may charge at the rate of not exceeding one cent per ton per mile, and Toll. two cents per mile for every passenger transported on said road: Pro- Proviso. vided, No charge shall be made for the haulage of empty cars, and that the operators may use their own cars, those of the Reading railroad company or the Schuylkill navigation company.

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

and forty-seven.

FRS. R. SHUNK

Preamble.

No. 218.

AN ACT

To perfect the title to certain real estate in Adams county, heretofore conveyed by
Alexander Mack, to certain of his creditors.

WHEREAS, Alexander Mack and Susannah, his wife, did, on the fourteenth day of March, in the year of our Lord one thousand eight hundred and twenty-five, by two several deeds of conveyance of that date, sell and convey unto John Kerr, the Bank of Gettysburg, Jacob Fisher, William M'Millan, Samuel Loudon, Israel Irwin, Frederick M'Sherry, Ezra Blythe, Frederick Sholley, Jacob Heriter, Jacob Price, James M'Allister and William Loudon, their successors, heirs and assigns, two tracts of land in the county of Adams, one situate in Liberty township, containing two hundred and one acres, thirty-one perches and allowances, and the other in Hamiltonban township, containing one hundred and thirty-one acres, eighty perches and allowance:

Whereas, The said grantees did, by power of attorney of even date therewith, appoint Ezra Blythe and John B. M'Pherson, their attor neys, to rent, sell and convey said premises :

And whereas, The said John B. M'Pherson, in pursuance of said power of attorney, did heretofore contract with a certain Martin Newman, for the sale to him of said premises, but difficulties exist in the way of perfecting the title under said contract, by reason of the death of Ezra Blythe, his co-attorney, and of the said Martin Newman, the purchaser since the same and before deed was made and delivered, as well as by reason of the death of several of the grantees of Alexander Mack, leaving numerous heirs widely scattered, and some of them minors, without making any provision for the sale of their interest in said premises, they having died intestate :

And whereas, The said Martin Newman, in his lifetime, in pursuance of such contract, entered into possession of the said premises, and paid part of the purchase money to the said John B. M'Pherson, and it is desirable that said contract should be completed, and the title of the purchaser made valid and effectual; 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 To execute title. the said John B. M'Pherson be and he is hereby authorized and em

powed, upon payment to him of the balance of purchase mony remaining unpaid, as aforesaid, according to his said contract with the said Martin Newman, in his lifetime, to make, execute and deliver a deed or deeds of conveyance for the premises, in the preamble to this act mentioned, in the name of the aforesaid grantees of Alexander Mack, or their heirs, unto Jacob Cover, administrator of the said Martin Newman, deceased, his heirs and assigns, to be held in trust, first for the benefit of the creditors, and secondly, of the proper heirs at law of the said Martin Newman, deceased, to the same effect as, and to and for no other greater or less estate, than if the same had been delivered to the said Martin Newman, in his lifetime, and to be subject to the same proceedings in court or elsewhere, at the instance of either creditors or heirs, as if the said Martin Newman had died seized thereof; and that

thereupon, the title to said premises shall vest and remain in the said
Jacob Cover, administrator as aforesaid, subject to the limitations and
provisions aforesaid, as fully as if the deed or deeds for the same had
been made, execute and delivered by the original grantees of Alexander
Mack, in their proper persons: Provided always, That before the said Proviso.
John B. M'Pherson shall make and deliver such deed or deeds of con-
veyance, he shall first give security, by bond or recognizance to the
commonwealth, for the use of the persons in interest, in such manner
and amount, as the judges of the orphans' court of Adams county shall
approve, conditioned that he will faithfully account for, and pay over to
such persons as shall be legally entitled to receive the same, the shares
or purparts in the aforesaid purchase money of such of the grantees of
Alexander Mack, hereinbefore named, as at the time of the execution
and delivery of such deed or deeds of conveyance shall be deceased.
JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The ninth day of March, one thousand eight hundred and forty-seven.

FRS. R. SHUNK.

No. 219.

AN ACT

Relating to the Lafayette cemetery society of Philadelphia.

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

if any person shall open any tomb or grave in the lands of the cemetery Penalty for vioof the Lafayette cemetery society of Philadelphia, and clandestinely lating graves or remove, or attempt to remove, any body or remains therefrom, such tombs. person, upon conviction thereof, shall be sentenced to undergo an imprisonment, in the prison of the county of Philadelphia, at hard labor, for a term of not less than one, or more than five years, and pay a fine, not less than five hundred dollars, at the discretion of the court of

quarter sessions for the county of Philadelphia; and any person who For injury to shall wilfully destroy, mutilate, deface, injure or remove any tomb, tomb, grave monument, grave stone or other structure placed in the cemetery afore- stones, &c. said, or any fence or railing, or other work for the protection or ornament of said cemetery, or of any tomb, monument, grave stone or other

structure placed therein as aforesaid, or shall wilfully destroy, cut, break For destroying or or remove any tree, shrub or plant within the limits of said cemetery, removing shrub, or shall shoot or discharge any gun or other fire arms within said limits, &c.

shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, before any justice of the peace or alderman of the county of

Penalty.

Exemptions.

Proviso.

Proviso.

Philadelphia, be punished by a fine, at the discretion of the justice or alderman, according to the aggravation of the offence, of not less than five, nor more than fifty dollars; or shall, on conviction thereof in the court of quarter sessions of said county, be punished by a fine as aforesaid, and by imprisonment, according to the aggravation of the offence, at the discretion of the court, for a term of not less than six months, or more than three years.

SECTION 2. That every lot in the said cemetery of the Lafayette cemetery society of Philadelphia, shall be held by the proprietor, for the purpose of sepulture alone, transferable with the consent of the president and managers thereof, and shall not be subject to attachment or execution; and the said cemetery shall, hereafter, be forever exempted from taxation: Provided, That nothing herein contained, shall be construed to exempt the said cemetery from payment of state taxes: And provided further. That the said exemption from attachment or execution, shall not extend to more than four lots held or owned by any one person in said cemetery.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

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

and forty-seven.

FRS. R. SHUNK.

Part of former act repealed.

No. 220.

AN ACT

For the settlement of the estate of Samuel Cochran, deceased.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the third section of an act, entitled "An Act to amend an act to authorize the administrators of Henry Mineum, late of Crawford county, deceased, to sell and convey certain real estate, and for other purposes," passed the ninth day of April, Anno Domini one thousand eight hundred and forty, and the preamble to said section, be and the same are hereby repealed, except so much thereof as repeals another act of assembly mentioned therein.

SECTION 2. That the orphans' court of Chester county is hereby reOrphans' court to quired, upon the application of any person interested, to appoint, in the appoint a trustee. place and stead of Joseph B. Linton, such person, trustee of the estate

of Samuel Cochran, late of the township of West Fallowfield, in the said county of Chester, deceased, as shall be selected and agreed upon by Hannah Cochran, widow of the said Samuel Cochran, deceased, Henry F. Slaymaker, intermarried with Rebecca, a daughter of said

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