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certain other trusts and expectant limitations, it has been also doubted whether the parties at present legally and equitably interested, are capable of confirming the said allotments in severalty, or of otherwise making effectual partition of the said premises; for remedy whereof, 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

it shall and may be lawful for the surviving plaintiff in the said pro- Lawful for plainceedings in partition, and the trustee appointed on the thirteenth day tiff and trustee of May, Aano Domini, one thousand eight hundred and forty-eight, by deed to unite by the court of common pleas of Philadelphia county, in the place of confirming partiin ratifying and the other deceased plaintiff therein, and their respective successors in tion, &c. the trusts in them respectively vested, and for the defendant therein, his heirs and assigns, by deed or deeds, to be recorded in the office for recording of deeds, for the county of Philadelphia, to unite in ratifying and confirming the said partition, and all estates and interests derived under the same, if they shall see proper so to do; and that from and after such confirmation, if made, the said respective trustees, their respective heirs and assigns, and successors in their respective trusts, upon the trusts in them respectively vested, and the said defendant, his heirs and assigns, shall respectively hold and enjoy, in severalty, their said several and respective allotments, in like manner as if the parties to the said proceedings in the said district court, had before and at the time of the said proceedings, been capable of electing, and had duly elected that the said premises should, in equity as well as at law, be deemed to have been and to be real estate, for the purposes of the said partition, and for all other purposes subject, nevertheless, as to the several shares of the said surviving plaintiff, and of the said successor of the said deceased trustee, to the trusts in the said survivor and successor, respectively, now vested.

SECTION 2. That the powers and authorities conferred by an act of Powers and authe fourteenth day of April, one thousand eight hundred and forty five, thorities of cerentitled An Act to facilitate the adaptation of the boundaries of certain tain act applied trust property, to the course of certain public streets," shall be and the to this act. same are hereby applied to such allotments as shall or may be established and confirmed, as provided in the first section of this act.

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APPROVED-The thirty-first day of January, one thousand eight

hundred and forty-nine.

WM. F. JOHNSTON.

No. 23.

AN ACT

For the relief of Elizabeth Francis.

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 Power to convey it shall be lawful for John Brown Francis and Elizabeth, his wife, in fee simple, cer- formerly Elizabeth Harrison, to grant and convey in fee simple, to any tain ground rents, purchaser or purchasers, by deed or deeds acknowledged as any other

&c.

deed out of the state may be acknowledged, those two certain ground rents of thirty dollars each, conveyed by George Harrison and wife, and William Tilghman, unto Thomas M. Willing, by deed dated April nineteenth, one thousand eight hundred and thirty-one, in trust to pay the same over to the said Elizabeth during life, for her separate use, with power to her to dispose of the same at pleasure by will, and in default of such disposition for the use of her right heirs; and also all her right and title in, and to the premises out of which the same ground rents were reserved; and thereupon the purchaser, or purchasers, shall hold the same free and discharged of all trust whatever.

WILLIAM F. PACKER, Speaker of the House of Representatives.

GEORGE DARSIE,

Speaker of the Senate.

APPROVED-The thirty-first day of January, one thousand eight hundred and forty-nine.

WM. F. JOHNSTON.

No. 24.

AN ACT

To authorize the trustees of the congregations of Kreutz Creek church, in Hellam township, York county, to sell certain real estate.

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 Adam Bahn and Samuel Keller, trustees of the congregations of Kreutz Creek church, in Hellam township, in the county of York, and their successors in office, are hereby authorized and empowered to sell and dispose of, in fee simple, by public or private sale, and for cash or on

credit, any part of the glebe or real estate of said church, not exceeding seventeen acres; and the same to convey and assure by good and valid deed or deeds, to the purchaser or purchasers of the same, and wholly freed and discharged from the trust under which said real estate is now held; and said trustees and their successors in office, shall hold the proceeds of said sale or sales in trust, to apply the same in the erection and construction of a dwelling house on the remaining lands of said church.

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

and forty-nine.

WM. F. JOHNSTON.

No. 25.

AN ACT

Relative to the duties of justices of the peace for the counties of Washington and Montgomery.

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 justices of the peace for the counties of Washington and Montgomery, shall be required to return to the deputy attorney general of said counties respectively, all recognizances entered into before them by any person or persons charged with the commission of any crime, (except such cases as may be ended before a justice of the peace under the existing laws,) at least ten days before the commencement of the term to which they are made returnable, respectively; and in all cases where any recognizances are entered into, less than ten days before the first day of the term to which they are returnable, the said justices are required to return the same forthwith, as aforesaid; and any justices of the peace who shall refuse, or neglect to comply with the provisions hereof, shall be deemed guilty of a misdemeanor, and may be prose.. cuted, by indictment, in the court of quarter sessions of the peace for the said county: Provided, This act shall not go into effect until the first of April next.

WILLIAM F. PACKER,

Speaker of the House of Representatives.

GEORGE DARSIE,
Speaker of the Senate.

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

and forty-nine.

WM. F. JOHNSTON.

Corporators.

Name.

Privileges.

Proviso.

Duties of the commissioners.

Open books.

No. 26.

AN ACT
ACT

To incorporate the West Philadelphia hall association, 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 Edward F. Gay, Jacob Broom, Henry Leech, John M. Pugh, M. D., William W. Keen, Charles Colladay. Thomas D. Grover, Benjamin Sage, Thomas Allibone, Joseph S. Keen, John R. Hoopes, Hugh M'Ilvain, Richard Simpson, Henry Pleasants, M. D., Edward Lane, Philip Lowry and J. M. Linnard, and their successors, and all persons who now are, or hereafter may be associated with them, be and they are hereby created and erected into a body corporate and politic in deed and in law, by the name, style and title of the "West Philadelphia hall association ;" and by that name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded, in any court of law or equity; and to take and to hold to them and their successors, either by grant, gift, devise or lease, any lands or real estate, for the purpose of erecting thereon a suitable building or buildings, for the use of said association, any goods or chattels, sum or sums of money, by gift, grant, bargain, sale, will, devise or bequest, from any person or persons whatsoever, capable of making the same; and the same, at their pleasure, to grant, bargain and sell for the use of said association; and generally to do all and singular, the matters and things which shall be lawful for them to do, for the well being, and due management, of the affairs of said association: Provided, That the real estate of which the corporation shall be at any one time possessed, shall not exceed the clear yearly value of three thousand dollars.

SECTION 2. The persons hereinbefore named, are hereby appointed commissioners to do and perform the several acts and things hereinafter mentioned; that is to say, they or such of them as shall act in the premises, not less than five, shall, as soon as conveniently may be, and within three months next after the passage of this act, procure and open a suitable book or books, at such time and place as they may designate in the borough of West Philadelphia; of which time and place, at least ten days' previous public notice shall be given in one or more newspapers published in the city of Philadelphia; in which book or books Form of subscrip- they shall enter as follows:-"We whose names are hereunto subscribed, do promise to pay to the trustees and company of the West Philadelphia hall association, the sum of twenty dollars for each and every share of stock set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the trustees of said association. Witness our hands the

tion.

day of
Anno Domini, one thousand eight hundred and
forty-nine;" and at the time and place so designated and named in the
public notices, to be given as aforesaid, the said commissioners, by
themselves, or by committees to be by them appointed, shall attend for
the purpose of opening the books, and to receive subscriptions for
stock; and the said books shall be kept open at least six hours on such

day, at the time and place designated in the public notices, to be given
as aforesaid; and in case five hundred shares of stock, being the capital
stock of said association, be not all sold on the day of the first opening
of the books, the number remaining unsold, may afterwards be disposed
of at such time and place, and under such regulations as the trustees,
for the time being, may order: Provided, That no subscription for Provise.
such stock shall be valid, unless the party or parties making the same
shall, at the time of subscribing, pay to said commissioners four dollars
on each and every share for the use of the association.

SECTION 3. The said commissioners, or at least five of them, acting Organization. in the premises as aforesaid, shall as soon as conveniently may be, after two hundred and fifty shares of the stock are subscribed, appoint a time and place for the subscribers to meet, in order to organize the said association, and shall give at least ten days' previous notice there. of, in one or more newspapers of the city of Philadelphia, aforesaid, and the said subscribers, when met, shall by ballot elect, by a majority of voters present, five trustees, citizens and residents of said borough of West Philadelphia, to conduct and manage the affairs and business of said association until the first Monday of January of the next year, and until others are chosen, and shall annually thereafter, at such time and place as the by-laws of the said association shall provide, elect five trustees to serve as aforesaid; and the three commissioners first named shall be the judges of the election of trustees, and the judges of all future elections shall be appointed by the trustees for the time being, and notice of such election shall be given in such manner as the by-laws shall provide.

scribe.

SECTION 4. It shall and may be lawful for the borough of West Borough of West Philadelphia, according to the discretion of the burgess and council Philadelphia, authereof, or of a majority of them, for the time being, to subscribe to or thorized to subpurchase any number, not exceeding one hundred shares of the capital stock of said association; and the said burgess and council are hereby authorized to borrow, in anticipation of their taxes, such amount as they may determine to subscribe, in order promptly to meet the payment of such subscription.

SECTION 5. In the event of any of the subscribers to the stock refusing, or neglecting, in any wise, to comply with the terms of subscription, for the space of sixty days after they shall have been respectively notified thereof, they shall forfeit the money or instalment already paid in by them respectively, which shall inure to the benefit of the said association; and the trustees are hereby authorized thereupon to sell and dispose of such forfeited stock, in such manner as they Forfeited stock. may determine, as if the same had never been before issued or sold.

SECTION 6. The object of said association shall be to provide, erect Object. and furnish a hall, or suitable building or buildings, in the borough of West Philadelphia, for the accommodation of the town council, and of the beneficial societies that now are or may hereafter be established, for elections, and suitable also for a room to be used for public meetings, and for a library.

SECTION 7. It shall and may be lawful for the said corporation to Seal. have a common seal, and the same at will and pleasure to change, alter and renew, as they shall think proper, and shall have and exercise all the rights, privileges and immunities necessary for the purposes of the corporation hereby constituted, and as herein expressed.

SECTION 8. The trustees for the time being, or a majority of them, Powers of trusshall have power to carry out the objects of the association as herein- tees.

before expressed, to elect a president from their own body, to elect a

treasurer and secretary, and to appoint such other officers and agents

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