sessments.

months after

the borough individuals or companies, shall, for the purpose of raising borough of Beaver taxes, be assessed and taxed in the same manner as other proprescribed. perty is taxable, under the act to which this is a supplement, but the collection of borough taxes already laid, or that may hereafter be laid or assessed on unseated town or out-lots shall not be enforced by sale of such lots until after the expiration of Notice to be twelve months from and after the same shall have been assessed; given of as- and until notice be given by the town council for four successive weeks, in three weekly newspapers printed in Washington and Allegheny, and in Beaver, if any there be, and notice thereof given for the space of four weeks, in two daily papers published in the city of Philadelphia, that one, or more than one year's tax is due upon the unseated town and out-lots in said borough, and if any tax now due, or that may become due as aforesaid, together with the costs necessarily accrued thereon, shall for the If the taxes space of three months after such notice shall have been given, remain un- remain unpaid, then in every such case, the town council shall paid three issue their warrant under their hands and seal, directed to the notice, a sale sheriff or coroner of the county of Beaver, commanding him, shall be held, after having given within Beaver county, at least thirty days notice in one newspaper printed in Beaver county, or if there be no newspaper printed in said county, then in one printed nearest whereof to thereto, and by written or printed advertisements set up in at be given, least three public places in said county, one of which shall be at the court house, stating that the sales of unseated lots for arrearages of borough taxes will commence on a certain day to make public sale of the whole or any part of such unseated lots as he may find necessary for the payment of the taxes due thereon respectively, and of all costs necessarily accrued thereon by reason of such delinquency, and to make and execute a deed or deeds in fee simple, to the purchaser or purchasers of any unseated lots so sold, and the same in open court of common pleas, duly to acknowledge, and it shall also be the duty of the said Bond to be sheriff or coroner to take from such purchaser or purchasers of taken, lots in his own name, a bond, with warrant of attorney annexed, for any surplus money that may remain after satisfying and paying the taxes and costs aforesaid, and the same bonds forthwith to file in the office of the prothonotary of the county, together with at least one attested copy of the above advertisement which shall so as aforesaid by him have been set up.

Notice

Sheriff to make and

execute a deed.

What shall

be evidence

tion,

SECT. II. And be it further enacted by the authority aforesaid, That it shall be the duty of the town council to file in the proof publica thonotary's office aforesaid, one at least, of such of the newspapers in which they shall have published their general notice, which newspaper so filed together with the affidavit of at least one of the printers aforesaid, and an affidavit of one of the printers in the city of Philadelphia, that the aforesaid notice was pub'lished in the usual number of his papers, and the advertisement

of the sheriff or coroner filed as aforesaid, shall at all times thereafter, in any trial at law or in equity, respecting the validity Within what of sales made by virtue of this act, be deemed and taken as suf- time actions, ficient evidence of legal notice having been given of the sales &c. may be hereby directed to be made, and no action for the recovery of brought. said lots shall lie, unless the same be brought within five years af

ter the sale thereof for taxes as aforesaid; Provided always, That Proviso as to where the owner or owners of such lots sold as aforesaid, shall at minors &c. the time of such sale be minor or minors, or insane, or not residing within the United States, then five years after such disability is removed, shall be allowed, such person or persons, their heirs or legal representatives, to bring their suits or action for the recovery of the lots so sold: And where the recovery is effected, in such cases the value of the improvements made on the lots so sold, after the sale thereof shall be ascertained by the jury trying the action for recovery, and paid by the person or persons recovering the same, before he, she, or they shall obtain possession of the land so recovered.

SECT. III. And be it further enacted by the authority aforesaid, That the bond or bonds taken by the sheriff or coroner for the Bonds taken surplus money, and filed as aforesaid, shall, from the date of the by the Sheriff, &c. to be deed by him executed as aforesaid, bind as effectually and in like a lien upon manner as judgments, the lands by him sold, into whose hand lands. or possession soever they may come, and the owner or owners of the said lands, their heirs, or other legal representatives, may at Mode of reany time within ten years after such sales, cause actions to be en- covering tered on the docket of the said prothonotary, in the name of surplus mothe sheriff or coroner for the use of the said owner or owners, nies. their heirs, or other legal representatives, and if the monies contained in such bond or bonds, together with the legal interest from the time it is demanded, be not paid within three months after such entry, execution shall issue forthwith for the recovery of the same.

Return of un.

SECT. IV. And be it further enacted by the authority aforesaid, That it shall be the duty of the constable or collector of the said seated lots to taxes, to make a return of such unseated lots to the borough trea- be made by surer, upon oath or affirmation, which depositions shall be deemed the constable and taken as prima facia evidence of such lot or lots being unseated &c. in the trial of any action that may be brought for the recovery of the same, and that sales of such lots for borough taxes that are now due, or may hereafter become due, made agreeably to the directions of this act, shall be in law and equity, valid and effectual to all intents and purposes, to vest in the purchaser or purchasers of lots sold as aforesaid, all the estate and interest therein, that the real owner or owners thereof had at the time of such sale,

し

r

although the lots may not have been taxed or sold in the name of

the real owner thereof.

JOHN WEBER, Speaker

of the House of Representatives.

P. C. LANE, Speaker of the Senate.

APPROVED-the twenty-first day of February, one thousand

eight hundred and ten.

0:0:

SIMON SNYDER.

The act of

Y

CHAPTER XXXIII.

An ACT relating to the patenting of lands.

SECT. I. 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 all the provisions of the first section of the act, entitled April 1805 "An act to encourage the patenting lands, and for other purrevived and poses;" passed the fourth day of April, one thousand eight hunextended un-dred and five, shall be, and the same hereby are re-enacted and continued until the first day of November, in the year one thousand eighthundred and eleven, and no longer.

til Novem

ber, 1811.

mode of sett

suspended

until November 1811.

SECT. II. And be it further enacted by the authority aforesaid, The act di- That so much of the act, entitled "An act directing the mode recting the of settling accounts in the land-office, and to prevent frauds in ling accounts. Obtaining warrants for land;" passed the thirteenth day of April, in the land one thousand eight hundred and seven, as directs the receiveroffice, &c. general of the land-office, on the settlement of any account for monies due on lands within the purchases made of the Indians, in and prior to the year one thousand seven hundred and sixty-eight, to ascertain the amount of principal and interest due at the time of passing said act, and upon the aggregate amount so found due, to charge interest until the amount of the account is discharged, be, and the same is hereby suspended until the aforesaid first day of November, in the year one thousand eight hundred and eleven, and no longer, until which time patents may be granted upon paying, or securing by mortgage, the purchase money due, with interest on the principal sum, only to the time of such payment or execution of such mortgage.

d.

executed by.

SECT. III. And be it further enacted by the authority aforesaid, Who mort- That any mortgage or mortgages under the said act, may be exgages may be ecuted by any duly constituted trustee or trustees holding lands, or by the guardian or guardians of minors duly appointed, or by executors to whom the sale or disposal of the land to be mortgaged, is given by the last will and testament of their testator, And who the and patents may be received by them respectively, for the use same may be

and benefit of those entitled, and any mortgage in pursuance of acknowledsaid act, may be acknowledged before the secretary of the land-ged before. office, or magistrate authorized to receive the acknowledgment

of deeds.

euted by at

torney.

SECT. IV. And be it further enacted by the authority aforesaid, That any such mortgage may be executed and acknowledged by Mortgages attorney duly constituted by letter of attorney, and such letter may be exeof attorney, the same being duly acknowledged before any of the judges of the supreme court, or before any president or associate judge of any court of common pleas in this state, or be- Before fore any justice of the peace of the county in which the land may lie, shall be filed in the office of the secretary of the landoffice, a copy whereof, and also a copy of any such mortgage be- Copies of ing duly certified under the seal of said office shall, in all cases, be said mortga as legal and sufficient evidence as the originals themselves might ges to be evidence. or could be.

whom.

SECT. V. And be it further enacted by the authority aforesaid, That any person or persons who have executed, or hereafter Mortgagors shall execute any such mortgage, his or their heirs, executors, may at any time pay the administrators or assigns, may at any time before the days of principal and payment be permitted to pay the whole amount of principal and interest, &c. interest to that time, in full discharge of any such mortgage: Provided nevertheless, That said mortgagor or mortgagors, his or Or any part their heirs, executors, administrators or assigns, may at any time thereof. before the day or days of payment, be permitted to pay a lesser number than the whole of the instalments to become due, and a deduction of so much interest as would have accrued upon said instalments, if not discharged previously to the time or times when they were respectively made payable, and he or they may have an acquittance indorsed on the mortgage for such instalment or instalments so as aforesaid paid.

SECT. VI. And be it further enacted by the authority aforesaid, Duties en. That it shall be the duty of the prothonotaries of the city of joined on the Philadelphia, and in each and every county of this common- several prowealth, to read, or cause to be read, in open court, this act, and thonotaries the act to which this has reference, on the third day of each and every term for the space of one year, in order that the citizens may have full information of the provisions in these acts contained.

JOHN WEBER, Speaker

of the House of Representatives.

P. C. LANE, Speaker of the Senate.

APPROVED-the twenty-first day of February, one thousand eight

hundred and ten.

SIMON SNYDER.

Part of a former law re

turnpike

road compa

ny.

CHAPTER XXXIV.

An ACT supplementary to an act, entitled "An act to enable the go vernor of this commonwealth to incorporate a company for making an artificial or turnpike road from the intersection of the Bristol and Newtown roads at the rock in Oxford through Bustleton and Smithfield, in the county of Philadelphia, to the Buck tavern in Southampton, in the county of Bucks.".

THEREAS it has been represented to the satisfaction of the legislature by the president, managers and company of the Bustleton and Smithfield turnpike road, that from the reduced price of their stock they are unable to raise adequate subscriptions to complete their road within the time limited by law, and it is found by experience that the artificial part of said road is wider than necessary for the travelling thereon, and that by affording more room for improving the side roads, there would result not only a saving to the company, but a benefit to the public: Therefore,

SECT. I. 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 ninth section of the act, entitled "An pealed infa- act to enable the governor of this commonwealth, to incorporvour of a ate a company for making an artificial or turnpike road from the intersection of the Bristol and Newtown Roads at the rock in Oxford, through Bustleton and Smithfield, in the county of Philadelphia, to the Buck tavern in Southampton, in the county of Bucks," as requires the artificial part of said road, to be more than twenty feet in width, be, and the same is hereby repealed. SECT. II. And be it enacted by the authority aforesaid, That completing the time for completing said road be extended seven years, from and after the passing of this act, reserving to the company Bucks to all the rights, privileges, liberties and franchises for carrying on Philadelphia and completing said road within the extended time in as ample a

Time for

road from

county ex

tended sev- manner as they now enjoy them. en years,

JOHN WEBER, Speaker

of the House of Representatives.. P. C. LANE, Speaker of the Senate.

APPROVED the twenty-first day of February, one thousand eight

hundred and ten.

SIMON SNYDER.

CHAPTER XXXV.

An ACT to incorporate the subscribers to the American Fire Insurance Company.