Page images
PDF
EPUB

in courts in

settling partnership and

other accounts

Chancery cery in settling partnership accounts, and such other accounts powers vested and claims, as by the common law and usages of this Commonwealth have heretofore been settled by the action of account render; and it shall be in the power of the party desirous to commence such action, to proceed either by bill Parties may in chancery, or at common law, but no bill in chancery shall proceed by bill be entertained unless the counsel filing the same shall cerin chancery or tify that in his opinion the case is of such a nature that no adequate remedy can be obtained at law, or that the remedy at law will be attended with great additional trouble, inconvenience or delay.

at common

law.

Act relating to account

render repeal

ed.

SECTION 20. The act entitled "An act concerning the action of account render," passed the fourth day of April, one thousand eight hundred and thirty-one, be and the same is hereby repealed.

SECTION 21. The several recorders of deeds within this Recorders of deeds may Commonwealth heretofore authorized to take the acknowltake acknowledgment of deeds and other writings, shall have power and edgments of are hereby authorized to take and certify the separate examifeme coverts. nation and acknowledgment of any feme covert of or concerning any instrument of writing relating to lands, tenements or hereditaments, as fully and with like force and effect, as any judge or justice of the peace of this Commonwealth might or

Comm❜rs of

Dauphin co. may borrow $30,000.

Comm'rs of

could do.

SECTION 22. That the commissioners of the county of Dauphin be, and they are hereby authorized to borrow any sum of money not exceeding thirty thousand dollars, for the purpose of erecting a new county prison with appertenent buildings, and making payment of the purchase money of any additional ground adjoining the present site on which said buildings is to be erected.

SECTION 23. The commissioners of the township of MoyaMoyamensing mensing, in the county of Philadelphia, be and they are hereby may borrow authorized and invested with full power to borrow, upon the $15,000. faith of the corporation, the sum of fifteen thousand dollars, to enable them to pay certain permanent and temporary loans, and other debts, now due by said corporation.

to be created.

SECTION 24. It shall be the duty of the commissioners of the township of Moyamensing, to set apart each and every Moyamensing sinking fund year, out of the proceeds of the taxes or other revenues of said township, the sum of one thousand dollars, to constitute a sinking fund to extinguish the present debt of the said township, the said fund to be immediately applied to the purchase of said debt; or if it cannot be purchased at par, or for a less price, the said commissioners are hereby authorized to invest said funds in stocks of the State of Pennsylvania; the county of Philadelphia, or the city of Philadelphia, to be used and applied to the payment of the debts of said township, as they may be purchased as above directed or become due

market houses

of Southwark

SECTION 25. From and after the first day of January, 1841, Proceeds of it shall be lawful for the commissioners of the district of landings, Southwark, and their successors, to collect all the income and wharves, and rents issuing from the public landings, wharves and market houses, in the said district, together with such other rents, vested in issues or income derived from any other source other than comm'rs for taxes, and after deducting therefrom the expense of keeping creating a the said landings and market houses in repair and order, forth- sinking fund. with set apart the said rents and income, and hold them inviolably in trust for the following purposes and uses, and for no other use or purpose whatever; that is to say, they, the said commissioners or their successors, shall, as soon as can be, appropriate the said moneys to the payment of the debt of said district, as it becomes due, or to the purchase of the same at par, or at a less price, and when this cannot be done, the said moneys shall be invested in the debt of the city or county of Philadelphia, or in the debt of the Commonwealth of Pennsylvania, and the interest thereon shall be suffered to grow and accumulate; which said fund so to be invested from time to time, as aforesaid, together with the interest, profit or income, accumulated therein and re-invested, as hereinbefore directed, shall be exclusively set apart and denominated the sinking fund of the district of Southwark, and shall be solely appropriated and applied to the extinguishment of the principal or capital sum of the funded debt of the said district, as it may become due, or be purchased at par or for less price, and to and for no other use or purpose whatever.

SECTION 26. It shall be the duty of the commissioners of the district of Southwark, and the commissioners of the township of Moyamensing, hereafter, annually, to cause to be levied upon the property and persons made taxable by law, within the said district and township, a sum sufficient with Amount of tax the other revenues, to pay all the annual expenditures of said district or township, the interest on all loans made for the use Southwark & of the said district or township, and a sum sufficient to form Moyamensing the sinking funds hereinbefore created.

which shall be

levied in

Power of

Southwark &

SECTION 27. That from and after the passage of this act, it shall not be lawful for the commissioners of the district of Southwark, or the commissioners of the township of Moyamensing, to borrow on loan for a greater period than ninety days, any sum or sums of money exceeding in amount the comm'rs of one-fifth part of the taxes levied in any one year, in the said Moyamensing district or township, without first obtaining the sanction and to borrow moconsent of the Legislature of this Commonwealth, for authority ney limited. to contract such loan. And the said sum or sums of money which it may be lawful for them to borrow, without the consent of the Legislature, shall not be borrowed for a period more than ninety days, and shall not exceed in amount the one-fifth part of the taxes aforesaid.

Relative to

loans by commissioners of Southwark &

SECTION 28. That before making application for authority permanent to borrow on loan, for a greater period than ninety days, any sum or sums of money, exceeding in amount the one-fifth part of the amount of taxes levied in the said district of Southwark, Moyamersing or the township of Moyamensing, the said commissioners shall publish in at least three of the daily papers published in the city of Philadelphia, twice in each week, for six months before the meeting of the Legislature, public notice of their intention so to apply for authority to contract such loan: Provided, however, That nothing contained in this act, shall be taken or construed to impair, or in any wise to alter or abridge the power and authority of the commissioners of the district of Southwark, or the commissioners of the township of Moyamensing, without the sanction and consent of the Legislature, to renew and to extend from time to time, as they may deem proper, the time of payment of the several loans already contracted, at the different periods of time at which they may severally become payable.

Alley in boro'

ed.

SECTION 29. That the street commissioners of the borough of Towanda of Towanda be, and they are hereby authorized and required, may be open- to lay out and open an alley eleven feet wide, from Spruce street to South, in said borough, two hundred and eleven feet west of Main street, and parallel with the same, and in conformity with an agreement between the original proprietors of the lots through and along which the said alley will pass. And in case any person shall consider himself damaged or aggrieved, by the act hereby required to be done, he may, on complaint to the chief burgess, and due notice given to the persons interested, have a hearing before the said burgess and town council of the said borough, and if dissatisfied with their decisions, may bring suit in the court of common pleas of said county, against said borough, for the recovery of such damages as he shall sustain by reason of the premises.

WM. HOPKINS,

Speaker of the House of Representatives.
E. KINGSBURY, Jr.

Speaker of the Senate.

APPROVED-The thirteenth day of October, in the year one

thousand eight hundred and forty.

DAVID R. PORTER.

LAWS PASSED SESSION 1841.

[No. 1.]

AN ACT

Electing a new Township in Clinton county, to be called Crawford, and erecting the same into a separate election district.

Clinton co.,

changed to

SECTION 1. Be it enacted by the Senate and House of Limestone Representatives of the Commonwealth of Pennsylvania in township, General Assembly met, and it is hereby enacted by the authority of the same: That all that part of Limestone township Crawford (formerly in Lycoming county,) which now, by the erection township, and of Clinton county, is made part of said Clinton county, be and made a sepathe same is hereby erected into a separate township, to be rate election called Crawford, and also into a separate election district; district. that the general elections of said district shall be held at the

house of Philip Showers.

WM. A. CRABB,

and

[blocks in formation]

APPROVED-This fourteenth day of January, A. D. eighteen

Gen'l election

where held.

hundred and forty-one.

DAVID R. PORTER.

[No. 2.]

AN ACT

Relative to Aldermen and Justices of the Peace.

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 Certain omissions of Justi- of the same: That the proceedings of aldermen and justices of ces of Peace the peace, who hold commissions under the constitution of this legalized. Commonwealth, adopted in the year one thousand seven hundred and ninety, and who have received commissions under the amended constitution, between the expirarion of their former commissions and the taking out of their new commissions, are hereby declared to be valid in law to all intents and purposes, notwithstanding such new commissions were not taken out until more than fifteen days had expired after the day fixed by law for the issuing of new commissions, the said proceedings being otherwise legal.

WM. A. CRABB,

Speaker of the House of Representatives.
CHARLES B. PENROSE,

Speaker of the Senate.

APPROVED-This fourteenth day of January, A. D. eighteen hundred and forty-one.

DAVID R. PORTER.

$300,000

[No. 3.]

AN ACT

To authorize a Loan.

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 Governor be, and he is hereby authorized to borrow the sum of eight hundred thousand dollars, at a rate of interest not exceeding six per cent. per annum, paya

« PreviousContinue »