the well conducting and transacting the business of the company; to SECTION 5. This act shall only continue in force twenty years from Limitation. the time of its passage, unless renewed or extended by a subsequent legislature. APPROVED-The sixth day of March, Anno Domini one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 108. AN ACT Regulating streets in the borough of Indiana, in the county of Indiana. 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 burgess and town council of the borough of Indiana, shall have full Burgess and power and authority, and they are hereby enjoined and required to lay town council, out, enlarge, and open that part of Church street which lies between power of. Clymer and Mahoning streets, in said borough, so as to make it of equal width, and to range with the west end of said street; and it shall be the duty of said burgess and town council, within ten days after laying out said street, to file with the clerk of the court of quarter sessions of said county, a correct draft and report of said street, as by them laid out, which shall be kept by said clerk, in his office, for public inspection or examination. SECTION 2. The owner of any lot or land through which said street shall be opened as aforesaid, may, within one year from the opening assessed. Damages, how of the same, apply by petition to the court of quarter sessions of said county, setting forth the injury he or she may have sustained thereby; and thereupon the said court shall appoint three disinterested persons, who, after being duly sworn or affirmed well and truly to view the Viewers to make report, &c. Party may bring suit in the court of common pleas. Proviso. Court of quarter sessions may appoint viewers to lay out, adjust, widen or extend streets, &c. Proviso. premises, and justly to assess the damages, if any, which said petitioner may have sustained, considering the advantages of said street to the petitioner. SECTION 3. The viewers so appointed shall make report, in writing, to the next court of quarter sessions of said county, signed by them, or a majority of them; and the said burgess or town council may tender to or agree to pay the amount assessed by said viewers to the party entitled thereto, to be paid by said borough. SECTION 4. But if said burgess and town council neglect or refuse to pay said amount so assessed, or if the party applying by petition as aforesaid, be not satisfied with said amount, then said petitioner or pe titioners may bring their suit in the court of common pleas of said county: Provided, That if the said petitioner or petitioners shall not recover an amount greater than that offered by the said burgess and town council, then said petitioner or petitioners shall pay all costs accruing thereon, after such suit shall have been brought; but if the amount shall exceed the amount offered by the burgess and town council, all costs including viewers' pay, which shall be one dollar each per day, shall be paid by said borough; the costs to be the same as in similar cases. SECTION 5. That from and after the passage of this act, it shall be lawful for the court of quarter sessions of the county aforesaid, on the petition of citizens of said borough of Indiana, to appoint six viewers to lay out, adjust, arrange, widen or extend any street, lane or alley in said borough, who shall be appointed in the same manner, and under the same restrictions as road viewers are by the laws of this commonwealth Provided, That all expenses and damages arising out of any such view, or review, shall be paid by said borough, and shall be assessed and disposed of in the same manner as is hereinbefore specified in the second, third and fourth sections of this act. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The sixth day of March, Anno Domini one thousand eight WHEREAS, John Pawling, late of the county of Montgomery, being seized of certain real estate situate in the township of Skippack and Perkiomen, in said county, made his last will and testament, dated the twelfth day of October, in the year one thousand seven hundred and eighty-nine, (which will, after his death, was duly proven and filed in the office of the register of said county,) wherein he did devise as follows: "Sixth, I give and devise all that tract of land whereon I now live, as the same was divided and surveyed off from the before mentioned tract by Henry Sweitzer, containing, by estimation, two hundred and fifty acres, be it more or less, to my daughter Rachel Reiff, to the use of my said daughter Rachel, during the term of her natural life; and the remainder of the said last mentioned piece of land, hereditaments and appurtenances, I hereby give and devise the same from and immediately after the death of my said daughter Rachel, to and amongst all the children of my said daughter Rachel, equally amongst them, to hold to them, their heirs and assigns forever:" And whereas, A part of the said land above devised was sold by the said Rachel Reiff and her children, who were then all of age, and a part thereof containing fifty-one acres, bounded by lands of Henry Gotwals, Isaac Grater, Samuel Schenck, John B. Landis, and others, remains still unsold, and is in a state of dilapidation, and unproductive to those having an interest therein: And whereas, The said Rachael Reiff is now deceased, leaving children, and the issue of deceased children surviving her; and the said children of deceased children are still in their minority, and it would be to the interest of all the owners of the said land that the same should be sold; 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 Jonas Hauff, of the county of Montgomery, be and he is hereby authorized to sell and convey at public sale the said tract of land, containing fifty-one acres, (being part of the real estate of the late John Pawling, deceased,) and to make deeds and assurances for the same to the purchaser, his heirs and assigns: Provided, That before the said Jonas Hauff shall proceed to execute the power and authority hereby conferred upon him, he shall give security satisfactory to, and to be approved of by the orphans' court of Montgomery county, for the faithful distribution of the proceeds of the sale of said fifty-one acres of land, (after deducting the necessary cost of the sale and conveyance,) to and among those having an interest in the land, in and according to the proportion of their and each of their said interest in the land. SECTION 2. In case of the death or inability of the said Jonas Hauff, to execute the power hereby conferred upon him, the orphans' court of the said county of Montgomery are hereby authorized and required to appoint a trustee, to sell and convey the said real estate, who shall have the same powers, and give the same security hereby conferred upon and required of the said Jonas Hauff. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, APPROVED-The sixth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 110. AN ACT Relative to the escheated estates of Philip Miller and Mary A. Morgan. 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 all the right, title and claims which this commonwealth may have acquired, or now has, or is entitled to have by reason of supposed escheat, or right to escheat from the want of heirs, or known kindred of a certain Philip Miller, late of Hatfield township, Montgomery county, yeoman, deceased, in and to the estate situate in the said county of Montgomery, which the said Philip Miller was at the time of his death seized or possessed, or any way entitled to, be and the same is hereby granted to and vested in his mother, Margaret Hoxworth: Provided, Nothing in this act shall affect the right of this commonwealth under the laws relative to collateral inheritances. SECTION 2. That William A. Galbraithe, esquire, of Erie county, deputy escheator of the estate of Mary A. Morgan, late of said county, deceased, be and he is hereby authorized to purchase suitable tomb stones or monuments, placed to the graves of said Mary A. Morgan and of John Morgan, late husband of the said Mary A. Morgan, whose death occurred prior to the decease of his said wife, and to pay the expense thereof out of any sum or sums to which the commonwealth would be entitled from said estate: Provided, The whole cost thereof shall not exceed the sum of one hundred dollars. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The sixth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON No. 111. AN ACT Authorizing the directors of the Philadelphia mutual insurance company to wind up and settle the affairs of the company, and distribute the assets among the stockholders and scripholders. 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 as soon as a majority in number of persons holding stock, either in their own right, or in a representative capacity, in the Philadelphia mutual insurance company, and holding together more than one-half of the whole number of shares in the capital stock, shall give their assent When directors thereto in writing, it shall be lawful for the directors of the said com- may wind up the pany to proceed, with all convenient speed, to close the business, to concerns of comliquidate, settle and wind up all the concerns of the said company, and pany, &c. to convert the assets into money, if necessary therefor. SECTION 2. As soon as the assent aforesaid shall be given, it shall be the duty of the said directors to give public notice of that fact, by adver- Public notice. tisement for one month in four daily newspapers in the city of Philadelphia; and it shall be lawful for the said directors, at any time after three months from the first day of such advertisement, to divide the assets of the said company rateably among the holders of certificates for stock, and certificates for premiums earned in proportion to their several amounts of stock, or of premiums earned by such dividends and at such periods, as to them may seem best: Provided however, That all the Proviso. ascertained! debts of the company shall be paid before any such dividend of the capital stock, assets, or aggregate funds shall be made, and that a fund fully sufficient shall be retained to meet all disputed claims, and all outstanding risks insured by the company, which fund shall not be less than the aggregate amount of such claims and risks; and that any director consenting to any dividend of the capital stock or assets, which shall reduce the reserved fund below this amount, shall be personally liable to any party that may sustain injury thereby. SECTION 3. The assent in writing may be recorded in the office of the recorder of deeds for the city and county of Philadelphia, and a certified copy from that record shall be as good evidence as the original paper: no new risks shall be taken or insured by the company after the passage of this law, but the direction shall be kept up according to the charter until a final dividend shall be made, and then the charter shall be deemed and taken to be extinct. WILLIAM F. PACKER, Certified copies to be good evidence. GEORGE DARSIE, APPROVED―The sixth day of March, Anno Domini one thousand eight hundred and forty-nine. WM. F. JOHNSTON. |