No. 256. AN ACT To enable William Smith, trustee, to execute a conveyance to Margaret Oliver, of her trust estate. WHEREAS, By an indenture dated the third day of January, one thousand eight hundred and thirty-seven, recorded at Philadelphia, in Preamble. deed book SHF, number twenty, page four hundred and fifty-three, et cetera, Ezra Stiles Ely, D. D., and Mary, his wife, of the city of Philadelphia, did grant and convey unto Samuel M'Clellan, of the same city, M. D., certain real estate therein particularly described, in trust, to let the same from year to year, during the natural life of Margaret Oliver, and to pay over unto her the net rents, issues and profits thereof; so always, however, that the same should not be liable for any debts that she might contract, nor to be charged or incumbered, alienated or anticipated by her for her own sole use, and so that the husband of the said Margaret shall in no wise incumber, control or dispose of the same; and at her decease, the trust to cease, and the premises belong to her issue, according to the intestate laws of Pennsylvania; which said trust was so executed without the knowledge or consent of the said Margaret Oliver, or her husband, who is since deceased: And whereas, The said Samuel M'Clellan has since, at his own request, been discharged from said trust, and William Smith, of the city of Philadelphia, distiller, appointed trustee in his place; therefore, 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 said William Smith, trustee, as aforesaid, be and he is hereby au- Power to execute thorized and required to execute and deliver unto the said Margaret a deed. Oliver, her heirs and assigns, a deed of conveyance of the estate and property particularly mentioned and described in the indenture referred to in the preamble; and that from and after the execution of the said deed, all and every of the trusts by the said indenture created, shall cease and determine, and the said estate and property therein described be vested absolutely in the said Margaret Oliver, her heirs and assigns forever. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS, Speaker of the Senate. APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. School district of Ephrata township, authorized to levy an addi-. tional tax. said tax. No. 257. AN ACT For the better regulation of the common school system, so far as relates to Ephrata township school district, in the county of Lancaster. 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 in addition to the tax provided for by the act, entitled "An Act to consolidate and amend the several acts relative to a general system of edu. cation by common schools,", passed the thirteenth day of June, one thousand eight hundred and thirty-six, and the supplements thereto, the school directors of Ephrata township school district, in the county of Lancaster, are hereby authorized to assess, upon each scholar that shall attend any of the public schools in said district, any sum not exceeding one dollar per quarter, at the discretion of said directors, to be paid by the parent, guardian, master or other person having charge of such scholars, in proportion to their ability to pay, in such a manner as is hereafter provided. SECTION 2. It shall be lawful for said directors to demand and receive Power to collect from any parent, guardian, master or other person having charge of any children in said district, that may send to any of the said schools, the amount of tax assessed upon each scholar at the commencement of each quarter; and if any parent, guardian, master or other person having charge of any such children, shall neglect or refuse to pay said tax on or before the expiration of the quarter, the president of the board of directors shall issue his warrant to the district collector, authorizing him to collect the same; and the said collector shall have like power to enforce the payment of the said tax, as is given him by the seventh section of the act of the thirteenth day of June, one thousand eight hundred and thirty-six, to collect the tax assessed upon property for school purposes, and shall receive the like compensation for his services. Power to exonerate. Accounts of trea SECTION 3. The said directors shall have full power to exonerate any parent, guardian, master or other person having charge of any children, from the payment of said tax, if they shall be satisfied of their inability to pay the same; but shall not exclude their children from said school for the non-payment of said tax. SECTION 4. That the accounts of the treasurer of said school shall, surer to be settled. on or before the third Friday of April of each and every year, and oftener if necessary, be audited and adjusted by the board of school directors of said district. SECTION 5. That it shall be lawful for the school directors of said Act to take imme- Ephrata township school district, if they shall deem it expedient, to diate effect. levy and collect the tax authorized by the first section of this act, immediately upon the passage thereof. Repeal. SECTION 6. All laws relative to the common school system, which are inconsistent with the provisions of this act, are hereby repealed, so far as they relate to the Ephrata township school district, in the county of Lancaster. APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven. No. 258. FRS. R. SHUNK. AN ACT Relative to the orphans' court. 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 jurisdiction of the several orphans' courts of this commonwealth, Jurisdiction exin the partition and valuation of real estate, shall extend to any undi- tended to cases of vided interest, in fee simple, in any lands or tenements of which any common and joint person has died or shall hereafter die seized or possessed, as tenant in tenancy. common or joint owner, with any other person or persons, as fully as if such decedent were solely seized or possessed thereof at the time of his or her death; and the inquest or seven men appointed to value and divide such decedent's real estate, shall value and return such interest, undivided in all cases; and if such decedent had other real estate, such interest shall be valued and returned, either by itself or in connection with some other portion of such decedent's real estate, valued as one of the purparts or shares into which they shall divide the whole real estate; and upon the return thereof, the proceedings shall be as in other cases. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS, APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. Executors and trustees authorized to sell real estate. Proviso. No. 259. AN ACT Authorizing the trustees under the will of William Binder, deceased, to sell and convey certain real estate. 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 Maria Binder, Jacob Binder, William Binder and George Binder, exeentors and trustees named in the last will and testament of William Binder, late of the Northern Liberties, in the county of Philadelphia, deceased, and the survivors and survivor of them, and such person or persons as may lawfully succeed them in their trust, be and they are hereby authorized to sell and convey in parts, or in whole, all that certain lot or piece of ground, with the buildings and improvements thereon erected, situate on the westwardly side of Queen street, between Wood and Cherry streets, in the Kensington district of the Norther Liberties, in the county of Philadelphia, containing in breadth on said Queen street fifty feet, and in length or depth one hundred feet, bounded southward by ground formerly of John Hasselwanger, westward by ground formerly of John Chevalier and Eleanor, his wife, northward by ground granted or formerly intended to have been granted to Daniel Ernst. and eastward by Queen street aforesaid, (which lot or lots the said William Binder, by his last will and testament, dated the first day of September, one thousand eight hundred and forty-two,) duly proved at Philadelphia, the thirteenth day of October, one thousand eight hundred and forty-two, devised unto his executors, the said Maria, Jacob. William and George Binder, and the survivors and survivor of them, and the heirs and assigns of the survivor of them in trust, to pay the net rents and income thereof unto his son Daniel Binder, or appropriate the same for his benefit, and the benefit of his family, for and during all the term of his natural life, without being subject or liable for his debts, contracts or engagements; and from and immediately after his decease, then in trust for the only proper use and behoof of such person or persons, and for such estate and estates as such person or persons would be entitled 'o, if the said Daniel had died intestate, seized of the same in fee simple, reserving out of said lot or the parts so sold. a perpetual yearly ground rent or ground rents, either subject or not subject to extinguishment on the payment of a certain sum of money at a certain time, as they may see fit, and to convey to the purchaser and purchasers as good and valid an estate in the premises as the said William Binder was seized of and entitled to at the time of his death, both in law and equity, and discharged from the trusts of his will, but subject to the rents, covenants and stipulations in such ground rent deeds; and in case such rent and rents be made subject to extinguishment as aforesaid, the said trustees, and the survivors and survivor of them, and their successors in the said trusts, shall have power to receive the said payment according to such conveyance, and thereupon to release and extinguish the said rent and rents, and the said purchaser and purchasers shall not be bound to see to the application of the said money: Provided, That such rent and rents shall be reserved and made payable to the said trustees, and the survivors and survivor of APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. No. 260. AN ACT To extend the time for commencing the Liggitt's Gap railroad. 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 time for commencing the railroad, authorized to be constructed by Time extended several sections of the act, entitled "An Act to authorize the governor for making the to incorporate a company to erect a toll bridge over the river Juniata, at Liggitt's Gap the town of Hollidaysburg, and to incorporate the Liggitt's Gap railroad railroad. company," approved the seventh day of April, Anno Domini eighteen hundred and thirty-two, and extended for five years by an act, entitled "An Act to authorize Charles Smith to erect a dam across Dunning's creek, in Bedford county, and for other purposes," passed twenty fifth day of March, eighteen hundred and forty-two, be and the same is hereby further extended to five years, and the time of completing the same to ten years, from after the passage of this act. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS, Speaker of the Senate. APPROVED-The thirteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. |