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SECTION 16. That the Legislature reserves the right to modify, alter Legislative reseror annul the privileges hereby granted, in such manner however as to do vation.

no injury to the corporators.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-fifth day of March, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

No. 108.

AN ACT

To authorize Mary M'Clenachan to sell and convey certain real estate.

WHEREAS, Jacob Morris, late of the township of Lower Merion, in the county of Montgomery, by his last will and testament, in writing, bearing date the seventh day of August, Anno Domini, one thousand eight hundred and fifteen, duly proved, and remaining on file in the register's office, in and for the city and county of Philadelphia, amongst other things, bequeathed all his land, together with the improvements south and west of the Darby road, situate in Lower Merion township aforesaid, to his executors, in trust for his daughter, Mary M'Clenachan, then the wife of George M'Clenachan, empowering the said Mary M'Clenachan to dispose of the same by will:

And whereas, The said George M'Clenachan is since deceased, and it has been represented to the legislature, by the parties interested, that it would be highly beneficial to them that the said Mary M'Clenachan should be authorized to sell and convey the said land and improvements, in fee simple, and invest the proceeds arising therefrom in other real estate; 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

Preamble.

Mary M'Clenachan, widow of George M'Clenachan, and only daughter Mary M'Clenaof Jacob Morris, late of Lower Merion township, Montgomery county, chan authorized deceased, be and she is hereby authorized to sell at public or private to sell real estate. sale, all the real estate, and the improvements thereon, which by the last will and testament of the said Jacob Morris, dated the seventh day of August, Anno Domini, one thousand eight hundred and fifteen, and duly proved, and remaining in the register's office, in and for the city and county of Philadelphia, was devised to the executors named in said will, in trust for the said Mary M'Clenachan, with power to the said Mary to dispose of the same by will; and the said Mary M'Clenachan is further authorized to make and execute a deed or deeds for the said real estate and improvements, to the purchaser or purchasers thereof;

Proviso.
Bond.

which deed or deeds shall, in law and equity, vest in the said purchaser or purchasers, all the title and interest which the said Jacob Morris, the testator, had and held in the same, at and immediately before the time of his death: Provided, That before such sale the said Mary M'Clenachan shall execute a bond to the commonwealth, with such security, and in such penalty, as the orphans' court of Montgomery county shall approve, that the proceeds arising from the sale of the said real estate, shall be invested in other real estate, to be subject in like manner to the provisions of the will of the said Jacob Morris; and the purchaser or purchasers shall not thereafter be in any way liable for the said invest

ment.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-fifth day of March, one thousand eight hundred and forty-four.

DAVID R. PORTER.

Power to collect tolls.

No. 109.

A SUPPLEMENT

To "An Act authorizing the mayor, aldermen and citizens of the city of Pittsburg, to re-build or repair the aqueduct over the Allegheny river at said city," approved the nineteenth day of January, one thousand eight hundred and fortyfour.

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 mayor, aldermen and citizens of the city of Pittsburg, as soon as the plan for repairing or re-building, mentioned in the first section of the act to which this is a supplement, may be approved by the board of canal commissioners, be and they are hereby authorized and empowered to take possession of the said aqueduct, and the toll house and dwelling house belonging to the commonwealth, contiguous to said aqueduct, and to have and enjoy all privileges necessary to levy and collect such tolls. as are provided for in the second section of the act to which this is a supplement, from the time of getting possession of the same.

SECTION 2. That said mayor, aldermen and citizens of the city of Repair aqueduct. Pittsburg, be and they are hereby authorized and empowered to re-build

said aqueduct, after having first repaired the same, should they deem it necessary to repair said aqueduct to accommodate the business on said canal, prior to re-building the same; and that the act to which this is a supplement, be construed to vest in the said mayor, aldermen and citizens of the city of Pittsburg, the right both of repairing and re-building said aqueduct, and of keeping the same in repair, after it is re-built, until the said mayor, aldermen and citizens of the city of Pittsburg,

shall be reimbursed their expenditures for repairing, re-building and Reimbursement. keeping the same in repair, in the manner provided by the third section of said act.

SECTION 3. That the mayor, aldermen and citizens of the city of Tax. Pittsburg, be and they are hereby authorized and empowered to levy and collect such tax or taxes, as may be necessary for the payment of any debt or debts which may be contracted in the repairing, re-building and keeping in repair said aqueduct, in the same manner as other taxes for city purposes are levied and collected.

SECTION 4. That the said mayor, aldermen and citizens of Pittsburg, Regulations. so long as they have possession of said aqueduct, be and they are hereby authorized and empowered, to pass such ordinances and regulations, with such penalty or penalties as they may deem proper, for the collecting of said tolls, the preservation of said aqueduct, toll house and dwelling house, from injury or destruction, in any manner whatsoever; and generally all ordinances and regulations that they may deem necessary and proper in relation to the management and safe keeping of said aqueduct: Provided, The same be not inconsistent with the constitution and laws of this commonwealth.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-ninth day of March, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

No. 110.

AN ACT

To authorize certain proceedings in the court of common pleas of Philadelphia county, and the sale of certain real estate.

Thomas, to per

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 George Sharswood, administrator de bonis non cum testamento annexo George Sharsof Robert Thomas, deceased, be and he is hereby authorized to apply wood, adminisby petition to the court of common pleas of Philadelphia county, and trator of Robert upon due proof to the satisfaction of the said court, according to the pro- fect certain deeds visions of the act, entitled "An Act to enable executors and adminis- of sale. trators, by leave of court, to convey lands and tenements contracted for with their decedents and for other purposes therein mentioned," passed. the thirty-first day of March, one thousand seven hundred and ninetytwo, of any contract in writing for the sale of any real estate in the county of Philadelphia, made by any person deceased, with the said Robert Thomas, in his lifetime; and that the purchase money stipulated

Trust.

Proviso.

Bond.

to be paid in such contract, has been fully paid and discharged, and the other covenants and conditions of said contract on the part of the said Robert Thomas, performed and fulfilled, it may be lawful for the said court to make an order empowering the executors or administrators of such deceased person, or any assignee of such deceased person, or the executors or administrators of any such assignee who may have become assignee, with notice of such contract or subject thereto, to make and execute a good and sufficient deed and conveyance of the premises so contracted, to be sold to the said George Sharswood, his heirs and assigns, in trust for the estate of the said Robert Thomas, deceased; and after such deed and conveyance shall be so made and executed, it shall and may be lawful for the said George Sharswood, to sell and dispose of the premises so conveyed to him at public or private sale, as he may deem most expedient; and to make a good and sufficient deed or deeds thereof, to the purchaser or purchasers in fee simple, altogether discharged from the said trust and from any obligation to see to the application of the purchase money; and after paying all just debts of the estate of the said Robert Thomas, deceased, and the reasonable costs and expenses of executing the said trust, to distribute and pay the balance of the proceeds of the said sale, to and among the persons enti tled thereto under the will of the said Robert Thomas, deceased: Provided, That before making any such deed or deeds, the said George Sharswood shall give a bond or bonds in the orphans' court of Philadelphia county, with sufficient security to be approved by the said court, conditioned for the faithful distribution of the proceeds of said sale, according to the provisions of this act.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-ninth day of March, one thousand eight hundred and forty-four.

DAVID R. PORTER.

No. 111.

A FURTHER SUPPLEMENT

To the act incorporating the Bear Mountain railroad company, passed the thirteenth day of July, one thousand eight hundred and forty-two.

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 said Bear Mountain railroad company are hereby authorized to inCapital increased. crease their capital by an issue of stock to an amount sufficient to build, construct and finish their road, and the works connected therewith; and also to furnish the same with locomotive engines, cars, and such other

fixtures and machinery as shall be necessary for the transaction of such
business as may be done on the same: Provided, The same shall not
exceed eight hundred thousand dollars.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-ninth day of March, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

No. 112.

AN ACT

Repealing so much of the act, entitled "An Act authorizing the laying out of certain state roads, and for other purposes," passed the fifth day of April, one thousand eight hundred and forty-three, as relates to a certain state road leading from Allentown, in Lehigh county, to West Chester, in Chester county, and for other purposes.

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 so much of the act, entitled "An Act authorizing the laying out of certain state roads, and for other purposes," approved the fifth day of April, one thousand eight hundred and forty-three, as relates to a state road lately laid out between Allentown, in Lehigh county, and West Chester, in Chester county, be and the same is hereby repealed.

SECTION 2. That the time allowed for the completion of the Danville Danville and and Pottsville railroad, is hereby extended for ten years after the time Pottsville railroad allowed for the completion of the same.

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APPROVED The twenty-ninth day of March, one thousand eight hun

dred and forty-four.

DAVID R. PORTER.

company.

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