and subject to the provisions of said will; and the purchaser or purchasers of said premises shall not be in any way or manner responsible for the application or misapplication of the purchase money thereof; Provided however, That before the execution of said deed, the said trustee shall give security, to be approved of by the Court of Common Pleas of Philadelphia county, for the faithful and legal application of the proceeds of sale, to secure the rights of the parties interested therein. APPROVED-The eighteenth day of February, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 70. AN ACT To authorize Mary M. Clarke (late Rogers) to sell 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 Mary M. Clarke (late Rogers) is hereby authorized and empowered to sell and transfer all the real estate devised to Harris C. Fahnestock, by the last will and testament of Margaret J. Ross, in trust for the use of the said Mary M. Clarke (late Rogers), and she, the said Mary M. Clarke (late Rogers), shall have full power and authority to grant, bargain, assign, alien, enfeoff, release, convey, and confirm the said real estate and every or any part thereof, by conveyances and assurances in the law, to such person or persons, and for such purchase moneys and such estates, whether in fee simple or for less estate, as to her shall seem meet, and to make title thereto, and for any purchase money or moneys thereof, to give in her own name full and complete receipts and acquittances, her vendees or assignees being on such acquittances fully discharged therefrom, notwithstanding her coverture, and the said purchase moneys again to re-invest in trust or otherwise, as she may see fit for her own, sole, and separate use, and the use of her heirs and devisees, without making the same in any manner liable to the debts of her present or any future husband: Provided, That before any deed or deeds shall be made for any such real estate, the said Mary M. Clarke shall give security to be approved by the court of Common Pleas of the county of Philadelphia, or the Orphans' Court of said county, for the faithful application of the proceeds arising from such sale or sales to the payment of leins against said real estate, according to the provisions of the last will and testament of the said any Margaret J. Ross: And provided, That either of said courts shall approve of such sale or sales. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED-The eighteenth day of February, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 71. AN ACT Relative to the estate of James Paxton, deceased. SECTION 1. Be it enacted by the Senate and House of Representatires of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That James Ramsay, sole surviving trustee of the last will and testament of James Paxton, late of Franklin county, be, and is hereby authorized and empowered to grant, bargain, and sell, in fee simple or otherwise, and to convey to the purchaser or purchasers, freed and discharged from all trusts, a certain tract or parcel of land containing one hundred and eight acres and thirty perches, more or less, situate in Chartiers' township, Washington county, adjoining lands of John Haft, William M'Nary, and others: Provided, The said trustee give a bond with sufficient security, to be approved by the Orphans' Court of said county, for the faithful performance of his duties, and the application of the proceeds of said sale: And provided, The said court shall approve the said sale or sales. SECTION 2. That the said trustee is authorized and empowered to settle his account of said trust in the Orphans' Court of Washington county. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED-The nineteenth day of February, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 72. AN ACT To provide for the construction of a culvert along Cohocksink Creek, in the county of Philadelphia. 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 the incorporated district of Kensington, the comof Northern Li-missioners of the incorporated district of the Northern Liberties, and berties and Ken- the commissioners of the county of Philadelphia, are hereby authorized sington author- and required to put under contract to the lowest bidder, who shall give vert along Co- good and sufficient security for the faithful execution of his contract, a hocksink creek. culvert along Cohocksink Creek, from the west side of Front street to ized to build cul the east side of Sixth street, in the county of Philadelphia, of such dimensions as may be deemed most expedient by the commissioners of the Northern Liberties and Kensington districts, for the purpose of draining off the water of said creek; and said culvert shall be constructed in the most direct manner, from the place of beginning to its termination, as the nature of the ground will admit, and for that purpose, authority is hereby granted to construct said culvert along any street or road now laid out in the district of Kensington or the Northern Liberties. SECTION 2. That the cost of the construction of said culvert, and of Cost of constructhe and drafts thereof, shall be paid in equal proportions, by tion, how paid. surveys the commissioners of the district of Kensington, by the commissioners of the Incorporated Northern Liberties, and by the commissioners of the county of Philadelphia; and the contractor or contractors for said culvert shall furnish to the commissioners of the districts of Kensington and the Northern Liberties, at their stated meetings, a statement of their proportion of the amount of funds that will be required in each and every month, and the commissioners of said districts shall pay the same into the hands of the county treasurer; and all bills for work done and materials furnished by any contractor in the construction of said culvert, shall be examined and certified by the commissioners of the districts of Northern Liberties and Kensington, and the commissioners of Philadelphia county, and shall be paid out of the county funds: Provided, That the commissioners of the Northern Liberties and the commissioners of the district of Kensington, shall appoint three of their number, respectively, to act as a joint committee in conjunction with the three county commissioners, in carrying out the provisions of this act. Contracts to be SECTION 3. That no contract shall be made in any one year for less for at least 500 than one square of at least five hundred feet, nor more than one-third square feet. part of the length of said culvert beginning at Front street and extending in a westwardly direction. APPROVED-The twentieth day of February, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON, No. 73. AN ACT To authorize Edward C. Wayne, and others, to sell certain real estate, and to legalize certain sales. WHEREAS, Edward C. Wayne stands seised of, and holds in trust for Mary Wayne, Susan Wayne, and Fanny Wayne, certain real estate mentioned and described in two certain deeds to him by William Deal, Esq., high sheriff of Philadelphia county, one of them dated and acknowledged by him in the district court of said county, on the seventh day of July, A. D., one thousand eight hundred and forty-nine, and entered among the records thereof in sheriff's deed-book V, page six hundred and fifty-five, (655) et cetera, and the other of them being for lot number five (5) in the plan and partition therein mentioned, dated and acknowledged in said court on the twenty-second day of June, A. D., (1850) one thousand eight hundred and fifty, and entered among the records thereof in sheriff's deed-book W, page (571) five hundred and seventy-one. And whereas, The said Edward C. Wayne, as said trustee, by deed dated and acknowledged on the eighteenth day of July, A. D., (1850) one thousand eight hundred and fifty, sold and conveyed a certain part of the said estate, viz.: A certain lot on the south-easterly side of Mill street, commonly called Church lane, in the borough of Germantown, and county of Philadelphia, beginning at a stake set for a corner on the side of said Mill street, thence extending north-eastwardly thirtytwo feet to the line of Charles P. Relph's land; thence with the same, south-eastwardly ninety-seven feet seven and three-quarter inches, et cetera, to Joseph Barrett, his heirs and assigns, reserving thereout a yearly ground rent; but the power of the said Edward C. Wayne to sell any part of the estate aforesaid, has been doubted; therefore, 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 said sale and conveyance by the said Edward C. Wayne to the said Joseph Barret, be, and the same are hereby confirmed and made valid and effectual to all intents and purposes whatsoever. Preamble. Conveyance confirmed. Power to sell at sale. SECTION 2. That the said Edward C. Wayne, his heirs and assigns, public or private as trustees as aforesaid, shall have full power and authority from time to time, whenever he or they shall deem it to be the interest of the said cestui que trusts, to sell at public or private sale upon ground rent or otherwise, and duly to convey, discharged from said trust, such part and parts of the said estate so held by him in trust as aforesaid, and for such estate therein as he or they shall think expedient. Preamble. And whereas, James Stokes, deceased, by his last will dated the fifth day of August (1828) one thousand eight hundred and twentyeight, duly proved and remaining in the office of the Register of Wills of Philadelphia county, on the twenty-second day of March, one thousand eight hundred and thirty-one, devised to Charles M. Stokes, Wyndham H. Stokes, and Caleb P. Wayne, and their heirs, in trust for certain purposes therein mentioned, a certain messuage and lot of ground on the north side of Vine street, near Front street, in the Northern Liberties and county of Philadelphia; and also a certain other messuage and lot situate on the west side of Delaware Third street, between Branch and Story streets, and between Sassafras and Vine streets, in the city of Philadelphia; and the said Charles M. Stokes and Caleb P. Wayne have since deceased, leaving Wyndham H. Stokes surviving, in whom the estate is now vested. And whereas, It has been represented that it would be expedient that the said lot on the north side of Vine street, and first above mentioned, should be sold; and that certain money received by said Wyndham H. Stokes for the insurance of certain premises destroyed by fire on the said lot on the north side of Vine street, should be applied by said trustee in payment of certain buildings and improvements lately erected on the said lot on the west side of Third street. SECTION 3. Be it therefore and it is hereby further enacted by the Pewer to sell at authority aforesaid, that the said Wyndham H. Stokes, his heirs and public or private assigns, trustees as aforesaid, shall have full power and authority to sale. Conveyance confirmed. sell at public or at private sale, and upon ground rent or otherwise, and duly to convey free from said trusts the said lot and premises on the north side of Vine street; and also to apply the money received from the insurance as aforesaid, to pay for the buildings and improvements put on the said lot on the west side of Third street. SECTION 4. That the title of Charles M. Stokes, and his heirs and assigns, in and to all that certain messuage and tenement and lot or piece of ground on the east side of Delaware Fourth street, between Sassafras and Branch streets, in the city of Philadelphia, being that part of the estate of James Stokes which the said Charles M. Stokes, Wyndham H. Stokes, and Caleb P. Wayne, executors of the last will and testament of James Stokes deceased; and the said Caleb P. Wayne, only surviving trustee under the deed of settlement therein mentioned, by indenture dated the tenth day of July, A. D., (1845) one thousand eight hundred and forty-five, granted and conveyed to Harvey M'Gregor Phillips, who by deed dated the seventh day of August, A. D., (1845) one thousand eight hundred and forty-five, and recorded at Philadelphia in deed book R. L. L., number (44) fortyfour page (370) three hundred and seventy, et cetera, sold and conveyed to the said Charles M. Stokes, his heirs, and assigns, shall in nowise be impeached, denied, questioned, or impaired, by reason of the said Charles M. Stokes being an executor as aforesaid; but the said purchase by and conveyance to him and the title of the said premises, shall be and remain firm, stable, and indefeasible, to the said Charles M. Stokes, his heirs and assigns, as if he had never been executor afore said: Provided however, That before any sale authorized by this act |