had as are now directed by law in cases wherein estates of inheritance SECTION 5. That it shall be the duty of every sheriff, or coroner acting as sheriff, in all cases where a sequestrator of rents, issues, and Duty of sheriff, or coroner acting profits of a life estate in lands, has been or hereafter shall be appointed as sheriff, in cases upon requisition upon him in writing for that purpose made by such of sequestration. sequestrator, with the sanction of any one of the judges of the courts of the county, and as often as so required to put and keep such sequestrator, his vendees or lessees, in full and undisturbed possession of the lands and tenements, with the appurtenances levied on; and in such cases the sheriff or coroner shall have the same powers and privileges, Powers of. and be entitled to the same fees, as in executing writs of habere facias Fees of. possessionem, and of estrepement; and if any tenant for life, defendant in any such execution, or any other person or persons, shall unlawfully disturb the possession of such sequestrator, his vendee or lessee, or shall obstruct or molest the sheriff or coroner in the execution of the duties enjoined by this section of this act, he or they shall for every such offence, be subject to prosecution by indictment, and upon con- Penalty for disviction thereof, shall be sentenced to pay a fine not exceeding one hun- turbing the posdred dollars, the costs of prosecution, and imprisonment in the county session of such jail for a term not exceeding six calendar months; and shall also be sequestrator, his liable to such damages as such sequestrator, his vendee or lessee, or the plaintiff in such execution shall have sustained, to be recovered by actions of trespass, as damages in actions of trespass are now by law recoverable; and the courts, or any judge or justice of the peace or alderman may, upon cause shown, require of all such offenders surety of the peace, for the prevention, or against the repetition of such offences. vendee or lessee. SECTION 6. That any applicant for the benefit of the insolvent laws, Applicants for who is or may hereafter be in confinement under sentence of any crimi- the benefit of nal court, and who shall be entitled to be released from such confine- insolvent laws, to ment on a compliance with the provisions of existing acts of assembly, be released as in civil cases. shall be released upon giving bond as in civil cases. Jurisdiction of the high consta SECTION. That the act of the eleventh day of April, one thousand eight hundred and forty-four, conferring authority upon the high constable of the borough of Wilkesbarre, in Luzerne county, to serve civil ble of the borand criminal process in the same, shall not be so construed, as to ough of Wilkesauthorize said constable to serve any civil process beyond the limits of barre, in serving said borough. WILLIAM F. PACKER, Speaker of the House of Representatives. WM. WILLIAMSON, Speaker of the Senate. process. We do hereby certify that the bill, entitled "An Act relating to judgments and the acknowledgment of deeds and sequestration of life estates, and relative to the high constable of the borough of Wilkesbarre, was presented to the late governor, Francis R. Shunk, on the third day of April, one thousand eight hundred and forty-eight, and was not returned within three days after the meeting of the present legisla ture, wherefore it has, agreeably to the constitution of this commonwealth, became a law in like manner as if it had been signed. Clerk of the House of Representatives. SAM'I W. PEARSON, HARRISBURG, January 24, 1849. No. 420. AN ACT Authorizing the commissioners of the incorporated districts of the Northern Liberties and Kensington, to open a street to be called Delaware avenue; relative to the duties of assessors; venders of mineral waters; the Fire association of Philadelphia; vacancies in the school boards in the county of Philadelphia; to lost mortgages; auditors of Philadelphia county; rebuilding of the court house in Philadelphia; to enable the commissioners of Philadelphia county to borrow money; to settle certain accounts between Spring Garden and the commonwealth; and respecting the appointment of auditors. 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 of the commissioners of the incorporated district of the Northern Liberties, the incorporated in the county of Philadelphia, be and they are hereby authorized and district of the empowered to survey, lay out and regulate a passage or street fifty feet ties, of Philadel- wide, at such distances, east of the eastern line of Water street and phia county, au- Washington avenue, to be called Delaware avenue; and having surveyed, thorized to sur- laid out and regulated said Delaware avenue as aforesaid, shall deposit vey and lay out a a plan or draft thereof, in the office of the clerk of the court of quarter street to be called sessions, for the city and county of Philadelphia, which plan or draft Delaware avenue. shall forever remain unalterable: Provided, That the location of said Northern Liber Proviso. avenue shall not be east of Delaware avenue, along the city front; and that the wharf line along the said districts shall be a uniform continuation of the city line, and shall not exceed the distance of one hundred and eighty feet east of said avenue: And provided further, That the plan or draft of said avenue shall be first approved of by a majority of the members composing the county board. SECTION 2. That the commisioners and inhabitants of the Kensington district of the Northern Liberties, in the county of Philadelphia, be and they are hereby authorized and empowered to survey, lay out and regulate a passage or street fifty feet wide, to be called Delaware avenue, the Northern beginning at the point where Delaware avenue shall intersect the boun- Commissioners dary line between the district of Kensington and the district of the and inhabitants Northern Liberties, and extending along or near Delaware front of the of the KensingKensington district; and having surveyed, laid out and regulate said ton district of Delaware avenue as aforesaid, the said commissioners shall deposit a Liberties, authordraft thereof in the office of the clerk of the court of quarter sessions ized to survey for the city and county of Philadelphia, subject to the same conditions and regulate a and restrictions as are applied to Delaware avenue through the Northern street to be called Liberties, by the first section of this act. Delaware avenue. ascertained and adjusted. SECTION 3. That after depositing the plan or draft of the said Delaware avenue as directed by the first section of this act, and complying with the other provisions of the first and second sections thereof, the Damages, how board of commissioners of the district of Northern Liberties, and the commissioners of the Kensington districts respectively, be and they are hereby authorized and empowered to designate from time to time, by a vote of two-thirds of the members of the board of commissioners of the Northern Liberties or of Kensington, what part or proportion of the said Delaware avenue shall be opened and appropriated for public use at any one time, and on giving notice of said vote to the judges of the court of quarter sessions for the city and county of Philadelphia, it shall be the duty of said judges as soon as conveniently may be after the receipt of said notice, to appoint a jury of twelve disinterested taxable inhabitants of the county of Philadelphia, neither of whom shall be an owner of or directly or indirectly interested in any property adjacent to or through which said Delaware avenue shall be laid out, or a citizen of either of said districts, who shall forthwith inquire what damages the owner or owners of land or property may sustain by reason of the same, or any part thereof, being taken, used, and appropriated for public use, in opening such part or proportion of said Delaware avenue as may have been authorized to be opened for public use, by said board of commissioners respectively; and the jurors so appointed shall also inquire and take into consideration the advantages which may accrue to the said owner or owners of said property by reason of the laying out said Delaware avenue, or any part thereof for public use, and any ten of said jurors shall be competent to asses said damages, if any as aforesaid, and upon the return of the valuation and assessment of damages for land and other property, or any part thereof so taken, used, and appropriated from time to time as aforesaid, and the judges of the court of quarter sessions for the city and county Philadelphia, and the county board of said county shall approve of the same; they shall be paid in the same manner as is now provided by law for the opening of streets and roads, in the county of Philadelphia. to open said street, &c. SECTION 4. That it shall be lawful for said boards of commissioners, Lawful for the upon receiving notice from the judges of the court of quarter sessions for board of comthe city and county of Philadelphia, of their approval of said assessment missioners upon of damages, to proceed forthwith and open for public use and forever receiving notice keep the same open as a common and public highway, and for that pur: &c., to proceed from the judges, pose shall enter upon such land or other property as may be found within the lines of said Delaware avenue, the damages of which shall have been first assessed and paid agreeably to the third section of this act, to remove all obstruction, fill up, curb, pave, light, cleanse, govern and control said Delaware avenue as other streets and highways in the districts of the Northern Liberties and Kensington are or may be hereafter governed and controlled; and if any person or persons, owner or owners or occupiers of any land or other property shall erect any building, shed or other structure of whatsoever kind, east of the western line of said Delaware avenue, or shall erect any platform projecting into the river Manufacturers or venders of min Delaware, or suffer any building, shed or other structure of whatsoever kind, east of the western line of Delaware avenue, after receiving damage for opening said avenue as aforesaid, each and every person so offending, and who shall refuse or neglect to remove such building, shed or other structure, for the space of thirty days after notice shall have been given by the said boad of commissioners or their agent, shall forfeit and pay the sum of one hundred dollars; and the said board of commissioners are hereby authorized to remove the same, the expense of which, together with the fine or forfeiture aforesaid, shall be sued for by the said commissioners, as debts of an equal amount are by law recoverable, to the use of the board of commissioners of the incorporated district of the Northern Libirties, or of the commissioners of the Kensington district, as the case may be. SECTION 5. That from and after the passage of this act the several assessors of the respective wards and boroughs in this common wealth, shall perform the same duties that are required by the twenty-first seetion of an act, entitled "An Act to reduce the expenses of the militia system of this commonwealth, and to provide a more rigid mode for the collection of militia fines," passed the twenty-fifth day of April, A. D., eighteen hundred and forty, to be performed by the assessors of townships, and every person so enrolled shall be subject to the same fines for non-performance of militia duty as persons enrolled by township assessors. SECTION 6. That manufacturers or venders of mineral waters and other beverages in bottles, upon which their names or other marks shall eral waters to file be respectively impressed, may file in the office of the secretary of the description of bot- commonwealth a description of such bottles, and of the name or marks thereon, and may cause the same to be published for six weeks successively in a weekly newspaper published in the county wherein the same shall be manufactured or sold, except in Philadelphia, in which eity said publication shall be made for the same time in two daily newspapers thereof. tles in the office of the secretary of the common wealth. Penalty for sell ing, or disposing, or buying, or trafficing in bot him from the owner. SECTION 7. It is hereby declared to be unlawful for any person hereafter to sell or dispose of, or to buy or traffic in any bottles so marked and not bought by him of such owner thereof, and every person so offending shall be liable to a penalty of fifty cents for every boule so sold or disposed of, or bought or trafficed in, for the first offence, and five tles not bought by dollars for every subsequent offence, to be recovered by the party whose name or mark shall be stamped on the bottles so sold or purchased, and who shall have complied with the provisions of the preceding section of this act; and the fact of any person using any such bottles for the sale therein of any beverage not of the same manufacture as that with which they had been filled by the rightful owners thereof respectively, shall be prima facia proof of the unlawful purchase of such bottles as afore. said, and any such owner upon making such proof before any alderman or justice of the peace of the proper city or county may obtain process, and may thereupon search for, take and carry away for his own use, any bottles so impressed with his name or mark which may be found on the premises or wagons of such offenders. Board of trustees of the Fire association may deduct from each and every dividend made by said trustees to any of the com SECTION 8. That from and after the passage of this act it shall be lawful for the board of trustees of the Fire association to deduct from each and every dividend made by the aforesaid board of trustees, to any of the companies composing the said Fire association that may be in panies, &c., that arrears for interest, upon money loaned to the said companies by the aforesaid board of trustees, the amount of interest due and unpaid by the said companies respectively at the period of paying the said dividends. are in arrears, &c. SECTION 9. That the board of trustees of the aforesaid Fire associa- Deduction of tion, having first deducted the arrears of interest from the dividends, fines. shall make a deduction of the amount of any fines or penalties that the board of delegates of the said Fire association shall report to the board of trustees, as having imposed upon any of the companies composing the association for a violation of any of the provisions of the charter, or of any of the rules and regulations of the said board of delegates, and the amount of such fines or penalties, when deducted from the said dividends, shall be for the benefit of, and subject to the order of the board of delegates Provided, That nothing herein contained shall interfere Proviso. with the existing power of the board of delegates to collect the aforesaid fines or penalties, or with the right of the board of trustees to collect any arrears of interest from said companies by due process of law. SECTION 10. That from and after the passage of this act, whenever a vacancy occurs in any board of school directors in the incorporated Vacancy in any board of school districts in the county of Philadelphia, it shall be the duty of the secdirectors in the retary of such board of school directors to give notice to the board of incorporated discommissioners of the section in which the vacancy occurs, and the tricts of the counsaid board of commissioners shall fill the vacancy: Provided, That ty of Philadelthe provisions of this section shall not apply to districts electing school phia, how filled. directors by the people. Proviso. have satisfaction SECTION 11. That in all cases when a mortgage hath been heretofore made or shall hereafter be made, and hath been or shall hereafter be Proceedings to lost or mislaid before the mortgage debt shall be paid, and the mortgagor entered on lost or or mortgagors, or his, her, or their legal representative or representa- mislaid morttives, or the owner or owners of the mortgaged premises shall be gages, &c. desirous to pay off and satisfy such mortgage, and to have satisfaction entered on the record of the same, or the mortgagee or mortgagees, or his, her, or their legal representative or representatives, or other person or persons who may be entitled to such mortgage debt, shall or may be desirous to recover or receive the same, but payment or satisfaction shall be withheld or denied until such mortgage shall be produced; it shall and may be lawful for such mortgagor or mortgagors, or his, or her, or their legal representative or representatives, or the owner or owners of the mortgaged premises, or for the person or persons entitled to such mortgage debt, or his, her, or their legal representative or representatives, or any or either of them, or other person or persons interested therein, to apply by bill or petition to the court of common pleas of the county where the mortgaged premises are situated, setting forth the facts of the case, with the complaint or grievance, and after due notice, to be given in such manner and for such time as the court may direct, to such mortgagor or mortgagors, or to his, her, or their legal representative or representatives, and to the owner and owners of the mortgaged premises, and the person or persons in possession thereof, or to the person or persons entitled to such mortgaged debt, or his, her, or their legal representative or representatives, as the case may be, and to all and every other person and persons interested therein, requiring them to appear in such court, on a day certain to be fixed by said court, and answer such bill or petition; at which time or at any subsequent time, the said court, sitting as a court of equity, shall have power to examine into the facts of the case, and the complaint or grievance, and to grant such relief and make such order and decree therein as the necessities, of the case may in justice and equity require, as fully, to all intents and purposes, as if the remedy were herein particularly prescribed and set forth: Provided, This section shall only extend to the city and county of Philadelphia. |