Devisees named in last will and Proviso. SECTION 13. That Jennet Kirkpatrick, Mary Laird, Elizabeth Snowden and Sarah M'Junkin, daughters and devisees named in the last will testament of John and testament of John Moor, deceased, late of Westmoreland county, Moor, dec'd, au- which said will is recorded in the register's office in said county, in thorized to bring book number one, and dated the thirtieth day of January, one thousand actions of ejecteight hundred and eleven, or such of them as have not made and executed ment, trespass or partitions. deeds or other instruments of writing, purporting to convey or transfer to the purchaser or purchasers their interest or estate, legal or equitable, in and to certain lands and real estate which the said testator authorized his executors to sell, when any three of his daughters agreed and gave a writing under their hands and seals to his executors, so that the same might be recorded; and any person or persons to whom they or any of them, together with their husbands, have made deeds purporting to sell and convey a fee simple interest in such real estate, shall have the same power, and with like force and effect to bring any action or actions of ejectment, trespass or partition for said lands, and to prosecute the same to judgment and execution, with like force and effect as if said lands had been devised to said devisees in fee, and as if such deed or deeds had transferred a fee simple interest in said real estate: Provided, That where any of the devisees are feme covert, their husbands may be joined with them in any action which may be brought, touching said lands, in the same manner that husbands may now be joined with their wives in any action touching the real estate of their wives: Provided further, That nothing in this section contained shall have the effect of invalidating in any way the legal effect of any deed or deeds, for said lands, made by two of the executors of John Moor, to the Rev. Francis Laird. SECTION 14. That the governor of this commonwealth be and is Governor author- hereby empowered to appoint a commissioner, to act in conjunction ized to appoint a with commissioners appointed or to be appointed by the states of Delacommissioner to ware and Maryland, with power to survey and determine the point of act in conjunction with others intersections of the states of Pennsylvania, Delaware and Maryland, and appointed by the to fix some suitable mark or monument whereby the said point may hereafter be indicated; and the said commissioner shall receive a compensation for his services three dollars per diem, for the time necessarily employed in the discharge of the duties prescribed by this section; and the auditor general is hereby empowered to draw his warrant for the amount of compensation upon the treasurer, which shall be paid from any moneys in the treasury. states of Dela ware and Maryland, to determine and fix boundary lines. Commissioners of the county of Delaware, authorized to bor row money. Corporators. Style. Privileges. SECTION 15. That the commissioners of the county of Delaware be and they are hereby authorized and empowered to borrow, from time to time, as they may think advisable and necessary, any sum or sums of money, not exceeding in the aggregate twenty thousand dollars, to aid them in the erection of the public buildings for said county, and that they be authorized and empowered to mortgage any of the real estate of the said county, and pledge any portion of the ordinary assessments or revenue thereof in security for the repayment of the moneys so borrowed, at such time or times as may be agreed upon, at a rate of interest not exceeding six per cent. per annum. SECTION 16. That R. F. Loper, William M. Baird, B. T. M’Murtriè, William F. Loper and Joseph B. Bloodgood, and such other persons as may associate with them, their successors and assigns, are hereby cre ated and made a corporation and body politic, by the name, style and title of the Philadelphia steamboat company," and by that name shall have perpetual succession, and be capable in law to sue and be sued in any court of law and equity, to have and use a common seal, and generally to do all such acts as shall be proper and necessary for establishing a line or lines of steam vessels for the conveyance of pas sengers, goods and merchandize, between Philadelphia and Gloucester Point; the capital stock of said company shall be divided into shares Capital stock. of twenty-five dollars each, and shall not exceed in number five thousand, to be subscribed for or disposed of from time to time, in such manner as the resolutions or by-laws, made in pursuance of this act, shall provide; and the said company shall be subject to the provisions and Subject to all the restrictions contained in an act of the legislature of this state, passed the provisions and sixteenth day of March, one thousand eight hundred and forty-seven, certain act. entitled An Act to incorporate the Merchants' and People's transportation company;" and the number of directors of said company shall be five. restrictions of a SECTION 17. That so much of an act, entitled "An Act relating to Courts in Erie the judicial districts of this commonwealth," approved the fifth day of and Crawford April, one thousand eight hundred and forty-nine, as relates to the time counties. of holding courts in the counties of Erie and Crawford, is hereby repealed, and the several courts in the aforesaid county shall be held as fixed by law prior to the passage of said last mentioned act. tor of domestic SECTION 18. That any person who shall hereafter act as inspector, Penalty for actor deputy inspector of domestic distilled spirits, in the city or county ing as inspector of Philadelphia, not being legally authorized for that purpose, shall, for or deputy inspecevery such offence, forfeit and pay the sum of twenty dollars, one-half distilled spirits for the use of the commonwealth, and the other half for the use of any in Philadelphia person suing for the same; and shall likewise be deemed guilty of a county, without misdemeanor, and upon conviction thereof, shall, for every such offence, being legally ausuffer an imprisonment in the county jail, for a period of thirty days. thorized. SECTION 19. That from and after the passage of this act, no person Penalty for shall sell, or expose to sale without license, in the counties of Berks, hawking and pedDauphin and Lebanon, as a hawker, pedler, or exchange dealer in any domestic goods, dling foreign or foreign or domestic goods, wares, or merchandize, under the penalty of &c., in the counfifty dollars for each and every offence, to be inflicted in the manner ties of Berks, provided for in the act of April the sixth, one thousand eight hundred Dauphin and and thirty-three, entitled "A supplement to an act regulating auctions Lebanon, within the city of Lancaster and other towns of this commonwealth," passed the seventh day of April, eighteen hundred and thirty-two: Provided, Proviso. That the provisions of this section shall not be so construed as to apply to persons selling goods of their own manufacture, or carrying goods for wholesale purposes. out license. Part of Trout SECTON 20. That from and after the passage of this section, Trout run, Lycoming run, in Brown township, in the county of Lycoming, shall be and is county, declared hereby declared a public highway from its mouth three miles up said a public high stream. way. SECTION 21. That from and after the passage of this act, the court Term of the of common pleas, et cetera, in and for the county of Tioga, shall con- court of common tinue in session for two weeks, unless the business of the term be sooner pleas of Tioga disposed of; and so much of any act as conflicts herewith, be and the county. same is hereby repealed. APPROVED-The tenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. Preamble. No 398. AN ACT To authorize and confirm the sale of certain real estate of the reverend Ezekiel Cooper, deceased; relative to the Norris estate; and to vacate certain streets in the district of Kensington. WHEREAS, The reverend Ezekiel Cooper, late of the county of Philadelphia, deceased, by his last will and testament, dated the nineteenth day of January, Anno Domini one thousand eight hundred and thirty-seven, did, among other things, order and direct as follows:"After my funeral expenses be paid, and also my just debts, if there be any against me, of which at present I have now no knowledge or recollection, then it is my will, and I do order and direct, that my worldly property be disposed of, and distributed as hereinafter directed and ordered, viz :-Let all my debts due me be collected or accounted for:" And whereas. The said Ezekiel Cooper, died on the twenty-first day of February, Anno Domini one thousand eight hundred and fortyseven, without having altered his said will in respect to the sale of his estate, or enlarging the power for the sale thereof: And whereas, Ignatius T. Cooper and Samuel B. Cooper, the executors of the said will and testament, did on the fifth day of May, Anno Domini one thousand eight hundred and forty-eight, present their petition to the orphans' court of the city and county of Philadelphia, praying for an order of sale, inter alia, to sell the following described premises, with the appurtenances, to wit:-All that certain three storied brick messuage or tenement and lot or piece of ground situate on the west side of Ninth street, in the district of Spring Garden, and county of Philadelphia, beginning at the distance of thirty-two feet one inch, measuring along the west side of Ninth street northward, from the north-west corner of said Ninth street and James street, as contemplated to be opened, containing in front on said Ninth street, sixteen feet, and in the rear on Charles street, fifteen feet eleven inches, and extending in depth or length on the north side thereof, fifty-seven feet nine inches, and on the south side thereof, fifty-five feet nine inches, bounded southward by ground granted to Daniel Fort, westward by Charles street, northward by ground to Alexander Mullveter and others, and eastward by Ninth street aforesaid, being the same premises which Morton M'Michael, esquire, high sheriff of the county of Philadelphia, granted and assured by deed poll, dated the tenth January, one thousand eight hundred and forty-six, unto the said Ezekiel Cooper, in fee; also all that certain yearly rent charge or sum of one hundred and fifty dollars, chargeable upon, and issuing out of that certain lot or piece of ground, with the buildings and improvements thereon, situate on the west side of Delaware Second street, between Coates and Brown streets in the Northern Liberties, in the county of Philadelphia, containing in front or breadth on said Second street, ten feet, and extending in length or depth westward, keeping the same width, seventy-nine feet one inch, bounded northward by ground granted, or intended to be granted, to William B. Severn, on ground rent, southward by a messuage and lot of John Bosler, eastward by said Second street, and westward by ground of Philip Bohem, being the same yearly rent charge which R. Wilson Desilver, and wife, by indenture, dated first day of July, one thousand eight hundred and thirty-nine, granted and conveyed (inter alia) unto the said Ezekiel Cooper, in fee; whereupon the said court granted the prayer of the petitioners : And whereas, The said executors, the fourteenth day of June, Anno Domini, one thousand eight hundred and forty eight, did expose and sell the said premises at public sale, as follows: the first described premises to William F. Schreiner, for the price or sum of one thousand six hundred and twenty-five dollars, and the second described to W. H. Parham, for the price or sum of two thousand three hundred dollars: And whereas, The said Ezekiel Cooper died seized and possessed of the following messuage and premises, to wit: all that certain four storied brick messuage or tenement and lot or piece of ground, situate on the west side of Delaware Second street, between Coats and Brown streets, in the Northern Liberties, in the county of Philadelphia, containing in front or breadth on said Second street ten feet, and extending in length or depth westward, keeping the same breadth, seventy-nine feet one inch, bounded northward by a certain alley two feet nine inches in width, southward by ground now or late of Benton Coston, eastward by the said Second street, and westward by ground of Philip Boehm, being the same premises which John Livezey, by deed dated the twentieth day of June, Anno Domini, one thousand eight hundred and fortythree, recorded in deed book R L Ll, number six, page six hundred and thirty-five, et cetera, granted and conveyed unto the said Ezekiel Cooper in fee, subject to the payment of half the yearly rent charge or sum of twenty-one dollars and thirty-three cents, payable unto Sarah Johnson, her heirs and assigns; and subject also to the payment of another yearly rent charge or sum of one hundred and fifty dollars, to H. B. Pennock, his heirs and assigns, as therein mentioned, which last mentioned yearly ground rent or sum of one hundred and fifty dollars R. Wilson Desilver and wife, by deed dated the first day of July, one thousand eight hundred and thirty nine, granted and assigned unto the said Ezekiel Cooper in fee, by reason whereof the said rent charge of one hundred and fifty dollars merged and became extinguished: And whereas, It is necessary to sell the said last mentioned messuage and premises to enable the executors to carry out the intention of the said testator: And whereas, Doubts exist in the minds of the executors and purchasers, in regard to sufficiency of the power contained in the said will to sell the said premises and make title thereto; therefore, for remedy thereof and for the perfecting the said titles to the said house and ground rent so sold as aforesaid, and to enable the said executors to sell and convey the said messuage and premises, SECTION 1. Be it enacted by the Senate and House of Representa- Judges of the ortives of the Commonwealth of Pennsylvania in General Assembly phans' court of met, and it is hereby enacted by the authority of the same, That city and county the judges of the orphans' court for the city and county of Philadelphia of Philadelphia, be and they are hereby authorized and empowered to make, execute, seal and deliver deeds of conveyance of the same to the said purchasers certain real esin fee, with a like effect as if the powers to sell under and by virtue of said will had been full, ample and indisputable. authorized to make deeds for tate. Executors of Rev. Ezekiel SECTION 2. That the said executors, or the survivor of them, and such persons as may succeed then in the trust, be and they are hereby Cooper, authorauthorized to sell and convey, either at public or private sale, in fee, all ized to sell certhat the aforesaid last mentioned and described four story brick mes- tain real estate. Further powers suage or tenement and lot or piece of ground, and to execute, seal and deliver a deed to the purchaser for the same. SECTION 3. That the said executors, or the survivor of them, and such of said executors. persons as shall or may succeed them in the said trust, shall in the event of either or both of the purchasers of the said ground rent and premises so sold as aforesaid, by order of the orphans' court, declining, neglecting or refusing to comply with the terms of the said sale, shall be and they are hereby invested with the like power and authority to sell and convey the same, or any part thereof, as are mentioned and conferred in the second section of this act, in respect to the property therein mentioned: Provided however, That the moneys arising from the sales of any or all of the said premises, shall be held and applied by the said executors, agreeably to the provisions of said will: And provided also, That before this act shall take effect, the executor aforesaid, or the survivor of them or their successors in the trust, shall give security in such amount as the said court shall direct, and to be approved by them, for the faithful appropriation of the fund arising from said sales, agreeably to the provisions of the said last will and testament. Trustees of the authorized to SECTION 4. That the present trustees of the Fair Hill estate, under the will of Joseph Parker Norris, deceased, and the trustees of Joseph P. Norris, the younger, under said will, be and they are hereby autho rized and empowered to grant and exchange, discharged of the trusts of the said will, with the commissioners and inhabitants of the Kensington district of the Northern Liberties, all that certain lot or piece of ground, part of the said Fair Hill estate, bounded by Somerset street on the north, lots or pieces of Lehigh avenue on the south, Eighth street on the west and Sixth street ground. on the east, and by Clark's property on the north-east; also all that small triangular lot bounded by Seventh street, Somerset street and Clark's estate, and to have, hold, take and receive, in lieu of the above described premises, all that certain lot or piece of ground now belonging to the said the commissioners and inhabitants of the Kensington district of the Northern Liberties, bounded by Lehigh avenue on the north, Huntingdon street on the south, Apple street on the east and Sixth street on the west: Provided, That a majority of all the persons having a vested interest in the said premises, under the will of the said Joseph Parker Norris, at the time of the said exchange, shall consent to the same, an: that the piece of land received in exchange by the said trustees, shall be conveyed to and held by them upon the same trusts as the land conveyed by them in exchange was held at and before the time of such exchange and the piece of land so conveyed to the said trustees in exchange, shall be held by them and by their successors in the trust, and by their heirs, under and subject to all the rights, powers and authorities heretofore granted to or conferred upon the said trustees, and to the different provi sions made in regard to the same by sundry acts of assembly, authoriz ing the said trustees to do certain acts; and shall also be subject to the power of partition given by the said will, which shall in no case be prejudiced by such exchange. : Seventh street and Amber street vacated. SECTION 5. That Seventh street, running from Lehigh avenue Somerset street, and Amber street, from Cumberland street to the Frank fork road, as respectively laid down in the plan of the said Fair H estate, be and the same are hereby vacated. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. WM. F. JÕHNSTON. APPROVED-The tenth day of April, one thousand eight hundred and forty-nine. |