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ville, being all the lots conveyed to said county by Andrew Russell, by deed, dated the twenty-eighth day of June, A. D., one thousand eight hundred and fifty.

JOHN CESSNA,

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APPROVED-The third day of February, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

Preamble.

No. 23.

AN ACT

To authorize Samuel Harvey, junior, trustee of Margaret Perkin, widow, Ann
Raberg, and Julia G. Harvey, to sell and convey certain real estate.

WHEREAS, The Orphans' Court of Philadelphia county, on the sixth day of September, Anno Domini, one thousand eight hundred and fifty, appointed Samuel Harvey, junior, a trustee in the room of William Heiss, senior, deceased, who in his life time held the real estate hereinafter described, granted to him by John Goodman, and John Barclay, surviving executors of the last will and testament of George Goddard, late of the Northern Liberties, in the county of Philadelphia, gentleman, deceased, by deed, dated the first day of October, Anno Domini, one thousand eight hundred and thirty-nine, for Margaret Perkin, widow, Ann Raberg, and Julia G. Harvey, children of the said George Goddard, deceased, upon the trusts, limitations, and conditions, and for the uses and purposes as contained and set forth in the said last will and testament of the said George Goddard, dated the sixth day of August, Anno Domini, one thousand eight hundred and twenty-five, and after his death duly proved, and remains on file in the Register's office at Philadelphia, for the county of Philadelphia, as by a reference to the proceedings in said Orphans' Court, deed and will at large appear:

And whereas, At the great fire in the Northern Liberties of the city of Philadelphia, on the ninth day of July, Anno Domini, 'one thousand eight hundred and fifty, all the buildings and improvements on the said lot of ground were wholly destroyed, whereby the premises have been and now are vacant and unproductive, yielding no income to pay the ground rent charged thereon, and the taxes, and it is represented that there are no trust funds to rebuild and improve them, so that the cestuis que use are deprived of all income from the premises; and that it will be to the interest of all parties concerned that the said lot or piece of ground, as hereinafter described, should be sold, and the trustees having no authority under the trust to sell; therefore, for the remedy theceof:

ized to sell cer

SECTION 1. Be it enacted by the Senate and House of Representa tires of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Samuel Harvey, junior, trustee of Margaret Perkin, widow, Ann Ra- Trustee under berg, and Julia G. Harvey, under the last will and testament of George the will of Geo. Goddard, late of the Northern Liberties, in the county of Philadelphia, Goddard, degentleman, deceased, or such person as for the time being may be such ceased, authortrustee, be, and he is hereby authorized and empowered to sell and tain real estate. convey, in fee simple, all that certain lot or piece of ground situate on the east side of Delaware Second street, in the Northern Liberties of the city of Philadelphia, containing in front, on said Second street, thirty-four feet, and in length, or depth, ninety-eight feet; bounded northward by a certain twelve-feet wide alley, extending from the said Second street into Cable lane, which alley is forever to be left open for the use of the tenants and occupiers of the lots of ground adjoining the same; eastward, and southward, by ground now, or late of John Holme, and westward by Second street aforesaid, together with the free use and privilege of said alley, as particularly set forth in the said deed or conveyance from the said John Goodman and John Barelay, surviving executors of the said will of the said George Goddard, deceased, to the said William Heiss, senior; and under, and subject to the payment of the yearly ground rent, or sum of twenty English guineas, or so much current money of Pennsylvania as will be sufficient to purchase or procure twenty such guineas, by four even and equal quarterly payments, on the fourth day of August, November, February and May, in each and every year, unto Edward Duffield, his heirs or assigns, forever, either at public or private sale, or to dispose of the same on ground rent, in the usual manner and form that lots in the county of Philadelphia are let, and to convey the same by deed to the purchaser or purchasers thereof, in fee simple; the deed, if the ground be let on ground rent, to contain the covenant for building and payment of such rent, and for extinguishing the same by the said trustee, upon receipt of the principal sum or equivalent for such ground rent, and any arrears thereof upon the terms and conditions contained in such ground-rent deed: Provided, That the proceeds arising from Proviso. the exercise of the said powers hereby given, if the same be ground rents, shall be held, or if the same be money, shall be re-invested in real estate, or otherwise, for, and upon the same uses and trusts, intents, and purposes, as are declared and set forth in the said last will and testament of the said George Goddard, deceased, in relation to his said children, the cestuis que trust, but that the purchaser or purchasers thereof, shall not be bound to see to the application of the money arising from such sale, or letting on ground rent, nor be in any way liable in respect to the execution or non-execution of the said trust: And provided also, That before the said trustee shall execute any deed Proviso. or deeds for the same, the Orphans' Court of Philadelphia county shall approve of such sale, and the said trustee shall give bond, with such security as the said court shall direct, conditioned for the faithful application or re-investment of the proceeds thereof, for the uses and purposes mentioned in the said will.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The third day of February, A. D., one thousand eight

hundred fifty-one.

WM. F. JOHNSTON.

No. 24.

AN ACT

To incorporate the Brownington and Perrysville Plank 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 Commissioners. Thomas H. Bracken, David Shannon, Alexander Hilands, Jonathan Ransom, Matthew F. White, Robert Hays, Cadwallader Baker, Robert Allen, Zephaniah Snyder, Joseph Mellwaine, Henry Buhl, James White, David Marshall, John Kirkpatrick, John Greer, Samuel Marshall, Alexander Graham, John A. Fletcher, Henry Wick, John Scott, John Crider, and William Stewart, of Butler and Allegheny counties, or any five of them, be, and are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title of the "Brownington and Perrysville Plank Road Company," to locate and construct a plank road from Brownington, in the county of Butler, to Perrysville, in the county of Allegheny, subject Subject to pro- to all the provisions of "An Act regulating turnpike and plank road visions of cer- companies," approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the supplements thereto, so far as they are not inconsistent with this and the following sections.

Style.
Location.

tain act.

Capital stock.
Proviso.

Commencement

of road.

SECTION 2. The capital stock of the said company shall consist of eight hundred shares, at twenty-five dollars per share: Provided, The said company may, from time to time, at a meeting of the stockholders, called for that purpose, increase their capital stock to such an amount as in their opinion may be required to complete the road, according to the true intent and meaning of this act.

SECTION 3. The said company may commence the construction of and completion their road at any intermediate point: Provided, Such commencement shall be made within five years after the passage of this act; and should the said company fail to complete their road within ten years after the same shall have been commenced, then this act shall be null and void, except so far as shall become necessary to settle the affairs of the company.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The third day of February, A. D., one thousand eight

hundred and fifty-one.

WM. F. JOHNSTON.

No. 25.

AN ACT

To authorize the Commissioners of Carbon county to borrow money, and conferring upon them other powers relating to said county.

WHEREAS, On the fifteenth day of July, one thousand eight hun- Preamble. dred and forty-nine, the court-house, jail, and county offices of the county of Carbon, were destroyed by fire, and the commissioners of said county have, at a large expense, re-built the same, and that the expense being so great that it would be very burdensome to tax-payers of said county to be obliged to pay for the same in one or two years; and further, that the courts of said county have decreed that it is necessary to erect certain county bridges, which will still increase the taxes of said county; 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 Commissioners the commissioners of Carbon county are hereby authorized to borrow of Carbon counany amount of money, on the credit of the county, not exceeding four ty authorized to thousand dollars. borrow money.

SECTION 2. That it shall be lawful for the county commissioners Further powers. of Carbon county, for three years after the passage of this act, in contracting for the building of any county bridge or bridges, to contract for the payment of the same in bond or bonds, payable any time after date; said time not to be longer than five years: Provided, That no greater rate of interest than six per cent. per annum shall be paid upon any bonds issued by virtue of this act.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,
Speaker of the Senate.

APPROVED-The third day of February, one thousand eight hun

dred and fifty-one.

WM. F. JOHNSTON.

No. 26.

AN ACT

To incorporate the Elizabeth Turnpike and Plank Road Company.

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

Commissioners. Samuel Walker, John Patterson, James Wall, Col. James Scott, Daniel Sarver, Andrew McKinley, Uriah Applegate, John Power, John McDonough, C. F. Diehl, Samuel Frew, Doctor James Power, James Terence, Doctor John E. Shaffer, John Walker, junior, and John F. Richards, of Allegheny county, be, and they are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title of "The Elizabeth Turnpike and Plank Road Company," with power to construct a turnpike or plank road, or a road part turnpike and part plank, from the borough of Elizabeth to Terrence's tavern in Elizabeth township, Allegheny county, by the best and most practicable route, subject to all the proviSabject to pro- sions and restrictions of an act regulating turnpike and plank road companies, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the supplements thereto.

Style..

Location.

visions of cer-
tain act.
Capital stock.

Commencement

of read.

SECTION 2. That the capital stock of said company shall consist of ten hundred shares, at ten dollars per share: Provided, That said company may from time to time, by a vote of a majority of the stockholders at meeting called for that purpose, increase their capital stock so much as in their opinion may be deemed necessary to complete the road, and to carry out the true intent and meaning of this act.

SECTION 3. That if said company shall not commence the construcand completion tion of their road within three years after the passage of this act, and complete the same within five years thereafter, the first and second sections of this act shall be null and void, except so far as the same may be necessary to wind up the affairs and pay the debts of said company.

JOHN CESSNA,

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APPROVED-The third day of February, one thousand eight hundred

and fifty-one.

No. 27.

WM. F. JOHNSTON.

AN ACT

Authorizing the committee of David Stoner to purchase real estate.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly mel, and it is hereby enacted by the aathority of the same, That John Buckwalter and John Huber, committee of David Stoner, of Manheim township, Lancaster county, are hereby authorized to pur. chase for the use of the said David Stoner and his family, a house and three acres of land in Penn township, in said county of Lancaster, at a price not exceeding twelve hundred dollars, and hold the same in

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