as such payer or payers respectively, shall be legally entitled to recover back from the person or persons previously holding or negotiating the same, the value or amount so as aforesaid given, or paid by such endorsee or endorsees, or payer or payers respectively, to such person or persons, together with lawful interest thereon from the time that demand shall have been made for repayment of the same. endorsed to order SECTION 11. That all bits of exchange, drafts, orders, checks, pro- Bills of exchange, missory notes or other instruments, in the form, nature or similitude drafts, orders, thereof, that shall or may hereafter be made, or be drawn or endorsed &c., drawn or to order within this commonwealth, upon any person or persons, body within this compolitic or corporate, co-partnership, firm or institution of or in, or that monwealth, upon shall be made payable in any other state, territory, country or place persons, bodies whatsoever, for any sum or sums of money with the current rate of corporate, &c., exchange in Philadelphia, or such other place within this common- made payable in wealth, where the same may bear date, or in current funds or such like any other state, &c., shall be qualifications superadded, shall be held to be negotiable by endorsement, held negotiable and recoverable by the endorsee or endorsees, in his, her or their own by endorsement, name or names, in the same manner, to all intents and purposes, as bills &c. of exchange and promissory notes formally drawn and ordinarily in use, and negotiable within this commonwealth, are now by law recoverable therein. SECTION 12. That the act, entitled "An Act authorizing the supervisors of Clarion and Paint townships, Clarion county, to let by public sale the making of any new roads," approved the eighteenth day of March, one thousand eight hundred and forty-eight, be and the same is hereby repealed. Repeal of a cer tain act relating to the supervisors of Clarion and Paint townships, Clarion county. SECTION 13. That hereafter it shall be lawful for the supervisors of Lawful for the Wayne and Oliver townships, in the county of Mifflin, to let by prosupervisor of posals and contract, the making and repairing of the public roads and Wayne and Olihighways in said townships, to the lowest and best bidder; and that ver townships, in the taxes assessed for road purposes shall hereafter be collected as other the county of taxes for the purposes aforesaid; and so much of any law as is hereby Mifflin, to conaltered or supplied, be and the same is hereby repealed, so far as relates tract for repairing to said townships. of roads, &c. SECTION 14. That the select and common councils of the city of Select and comLancaster, are hereby authorized, empowered and directed to cause the mon councils of street commissioner of said city as soon as conveniently can be done the city of Lanafter the passage of this act, to open, not exceeding fifteen feet in width, caster, authorized a public alley, to commence at the Factory road or lane in said city, at to open an alley. a point on said road, two hundred and fifty-five feet south-east from Middle street; thence along the south-eastern boundary of the lots fronting on Middle street, about nine hundred feet, until it intersects an alley running from said Middle street, at the south-eastern end of one of the lots above mentioned, said alley to embrace no part of said lots, but the south-eastern boundary of said lots, to form the north-eastern boundary of said alley. district of the SECTION 15. That the plan, entitled "Plan of the survey and regu- Certain plan of lation of the eastern section of the Kensington district of the Northern the survey and Liberties," made by Benjamin Moore, the recording surveyor of the regulation of the said district, and returned by him to the board of commissioners, and eastern section of approved by said board, the twenty-sixth day of March, Anno Domini, the Kensington one thousand eight hundred and forty-nine, embracing so much of the Northern Libersaid district as lies between the Philadelphia and Bristol turnpike road, ties, confirmed. (named in said plan Frankford road,) and the line for the limitation of the extension of the wharves in the river Delaware, and between the Cohocksink creek, the southern boundary thereof, and the Richmond district, or north-eastern boundary, with the lines of the streets and water courses, and every particular as described and delineated on said plan, be and the same is hereby confirmed and declared to be the only plan for the courses and regulations of the streets, avenues and water courses within the boundaries therein prescribed, and the same to be a legal record forever unalterable, and that it be deposited in the office of the clerk of quarter sessions, and that a true copy thereof be kept in the said district, where the commissioners thereof may direct: Provided, That nothing contained in this section shall be construed to authorize or permit the vacation of any portion of "Franklin avenue,' nor to authorize any change in the location or direction of said avenue as heretofore laid out and confirmed; the said avenue shall be continued and opened to intersect Richmond street, in the district of Richmond, in the manner provided by law for opening streets and highways in the and inhabitants of city and county of Philadelphia. Commissioners the Kensington same powers, SECTION 16. That the commissioners and inhabitants of the Kensington district of the Northern Liberties aforesaid, be and they are hereby invested with the same powers and authorities, jurisdictions, rights and immunities into and over the ends of each and every public street or alley in the said district, which now extends, or shall hereafter be extended to or into the river Delaware, or the Cohocksink street, east of Forest street, as fully to all intents and purposes as "The mayor, alderman and citizens of Philadelphia," now have, possess or enjoy over or respecting the ends of the several streets in the city of Philadelphia, which extends to or into the river Delaware or Schuylkill. SECTION 17. That the commissioners and inhabitants of the Kenand inhabitants sington district of the Northern Liberties aforesaid, be and they are aforesaid, author- hereby authorized and required to open forthwith, and to keep open all ized and required streets, roads, lanes and alleys within the said incorporated district, laid to open certain streets, roads, lanes, &c. have, possess or enjoy over the ends of certain streets. Commissioners Proviso. out or down in the partition made of the estate of William Masters, deceased, in the writ of partition sued out by Richard Penn and Mary his wife, against Sarah Masters, in the court of common pleas for the city and county of Philadelphia, and which streets, roads, lanes and alleys appear upon the drafts or plans of the survey and regulation of the said district: Provided, That the opening of said streets, lanes and alleys shall not interfere with, or be in violation of the confirmed plans of said district, prepared by Benjamin Moore, the recording surveyor thereof. Court of quarter SECTION 18. That in the event of the residue of the road constructed sessions of Bucks by John D. Bauman, in Towamensing and Lower Towamensing towncounty, to ap- ships, in Carbon county, other than that portion of it on or near which point viewers in the state road from Wilkesbarre to Allentown passes, being laid out as case of the resia public highway, it shall and may be lawful for the court of quarter due of the road constructed by sessions of the peace of Bucks county, on the application of the said John D. Bauman, John D. Bauman, his heirs, executors or administrators, to appoint six being laid out as judicious and discreet men, resident within the said county of Bucks, a public highway, to view and assess the damages if any sustained by the said John D. Bauman, by reason of the laying out and opening such state and county road on, over or near the road constructed by him; and if any five of them view, and any four of the actual viewers agree in the assessment of the damages, taking into consideration the advantages, if any, which the said John D. Bauman shall enjoy by reason of the said road being made free, the said report shall be returned to the said court, and shall be confirmed by the said court in the same manner as other reports of damages by reason of the construction of public roads in that county, unless there should be some good exception taken thereto for non-com &c. pliance with the provisions of this act; and the amount, if any, when so found and confirmed, shall be paid by the county of Carbon; and it shall be the duty of the applicant to give or cause to be given to the commissioners of Carbon county, or to their clerk at their office, at least ten days' notice of the time and place. the bridge across SECTION 19. That Daniel Baily, of Dillsburg, York county, Abra- Commissioners to ham Harman, of Panington township, York county, and James M. review a portion Anderson, of Carrol township, and county aforesaid, be and they are of a certain state hereby appointed commissioners to review a portion of the state road road leading from leading from the bridge across Yellow Breeches creek, in Cumberland the Yellow county, to Dover, in York county, beginning at a point on the lands of Breeches creek, Christiana Mitchel, at the end of ninety perches, on the thirtieth course in Cumberland or station of said road, and extending to the thirty-second station at the county, to Dover, east side of said farm, near Mr. Comfort's inn, being only a distance in York county. of one hundred and thirty eight perches. commissioners. SECTION 20. That it shall be the duty of said commissioners, or a majority of them, after having been duly sworn or affirmed before a Duty of said justice of the peace, who shall file and preserve the same in his office, to perform all the duties enjoined by this act with impartiality, carefully to view the state road and grounds adjacent between the aforesaid points, and if in their judgment they believe said road can be shortened, and made more direct than it is in its present location, without putting the same on bad or unfavorable ground, they or a majority of them, are hereby authorized and directed to lay out a road forty feet in width between the said points, at an elevation of not more than four degrees from a horizontal line; and if they locate a new road between the points aforesaid, they are hereby authorized to vacate such portions of the road as now located, which shall be supplied by such alterations as they shall make; and for fulfilling the duties enjoined by this act, the commissioners shall each receive one dollar and fifty cents per day, and are hereby authorized to employ a surveyor at two dollars per day, and two chain bearers at seventy-five cents each per day. SECTION 21. The said commissioners shall also lay out a road from Further duties. the west end of the bridge over Conewago creek and Enieg's mill, to intersect the state road at some point on the farm of John Hollacker, east of the boundary line between George Spahr and the said John Hollacker's farm, and shall vacate such a portion of the state road as shall be supplied by such new location. SECTION 22. The commissioners shall make out a fair and accurate Commissioners to draft of the location of the road, noting thereon courses and distances, make out drafts, one copy thereof to be deposited in the office of the secretary of the &c. commonwealth before the fifteenth day of June next, and one in the office of the clerk of the court of quarter sessions of the county of York, and when so entered of record, it shall be a road to all intents and purposes, subject alone to the action of the legislature for alterations or amendments. SECTION 23. That the said commissioners shall draw on the commis- Commissioners to sioners of the county of York, who shall adjust the accounts of the adjust accounts, said commissioners, surveyor and chain bearers, and pay them by order &c. on the treasury of the county. SECTION 24. And it shall be the duty of the supervisors of the townships through which the state road aforesaid passes, to open and refer Duties of the supervisors of the the same (upon due notice being given,) agreeably to the report of the townships commissioners of said road, so that no part thereof shall exceed an through which elevation of four degrees from a horizontal line, and on failing to com- the road passes. ply, shall be subject to the same fines and penalties that are imposed upon supervisors for neglecting to open or repair roads laid out by order of the court of quarter sessions of the county of York. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. may order the sequestrator of the Williamsport and Elmira railroad, upon proof shown on oath, that the amount of receipts are in sufficient to pay keep the road in expenses and No. 311. AN ACT For the sale of the Williamsport and Elmira railroad. 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 The proper court the proper court having jurisdiction of the accounts of the sequestrator of the Williamsport and Elmira railroad, upon proof on oath or affirmation of as many of the lien creditors as shall hol! more than three-fourths of the indebtedness on said liens, that the annual receipts are insufficient to defray the ordinary expenses to keep the road in repair, and pay the interest upon the debts due by the company, and that the said road is in a state of delapidation, shall order the said sequestrator or some other suitable person, on giving security to the satisfaction of the said court for the performance of his duty, to sell the said railrord and all its franchises and privileges and advantages, in the manner and with repair, &c., to the effect as to notices, acknowledgment of deed, distribution of money sell the said rail- according to priority of lien, and otherwise provided by law in the case road, &c. of sheriffs' sales of real estate; and the purchaser or purchasers or their associates or vendees, shall be authorized to conduct the affairs of the thorized to con- said company, by such officers or agents as they may deem necessary, duct the affairs of and may use the corporate name and seal, and shall be vested with all the rights, franchises, privileges and advantages, and be subject to all May use the cor- the restrictions in respect to tolls or otherwise, which the said corpora tion or the stockholders before sequestration possessed, were entitled to and were subject to under its charter, or any other act of assembly, free and discharged from all incumbrances: Provided, That it shall not be lawful for the purchasers to occupy the ground upon which the railroad is laid for any other purposes than for the accommodation of the road, according to the charter; and the iron rails now on the road shall not be sold, destroyed or removed except in ordinary course of repair, or for the purpose of laying new rails: And provided also, That in case the said purchasers, their associates or vendees, shall fail to com Purchasers au said company. porate name and seal, &c. Proviso. Proviso. plete the road so as to connect with the New York and Erie railroad, within five years from the acknowledgment of the deed to them, it shall be lawful for the stockholders to resume the franchises of the corporation, upon payment to the purchasers and their assigns of all money advanced for their purchase, and for the completion of the said road, with interest at six per cent. per annum, after deducting therefrom annually, all the net receipts of the said road; and in such case the liens and claims of the creditors for all sums unpaid, shall be as valid as if no sale had ever been made. WILLIAM F. PACKER, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The fifth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 312. AN ACT To annul the marriage contract between John F. Hunt and Noalius, his wife. 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 marriage contract entered into between John F. Hunt, late of the county of Clinton, and Noalius, his wife, of the county of Mifflin, late Noalius Alexander, be and the same is hereby annulled and made void, and the parties released and discharged from said contract, and from all duties and obligations arising therefrom, as fully, effectually and absolutely, as if they never had been joined in marriage. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. We do certify, that the bill, entitled "An Act to annul the marriage contract of John F. Hunt and Noalius, his wife," was presented to the governor on the twenty-fourth day of March, one thousand eight hundred and forty-nine, and was not returned within ten days (Sundays excepted) after it had been presented to him; wherefore, it has, agreeably to the constitution of this commonwealth, become a law in like manner as if he had signed it. WILLIAM JACK, HARRISBURG, April 12, 1849. Clerk of the Senate. |