to the estate of the said deceased, that these claims should be speedily settled, and that too upon some recorded evidence:Therefore, SECTION 10. Upon the petition of the said Daniel Bartlett or Same estate. the said William Hart, to the Court of Common Pleas of Bradford county, and upon due proof to the satisfaction of the said court, that the said estates or either of them were held in trust by the said deceased for the said respective claimants, the said court shall, upon the performance of the conditions upon which they were so held respectively, order the evidence so taken to be certified and recorded in the office for the recording of deeds in the said county, and direct the said executors to execute to the claimant, making such proof, a deed for the estate so adjudged, to be held in trust as aforesaid. Of German WHEREAS, Michael Bachman, by deed, dated the first day of June, one thousand seven hundred and fifty, conveyed unto Andrew Smith, in trust and for the use of the German Reformed church and school of New Hanover township, then Philadelphia, now Montgomery county, a certain messuage and tract of land, situate in the township and county aforesaid, containing one hundred and three acres: And whereas, it is represented that the said tract of land aforesaid is unproductive, inconveniently situated, and it would be to the interest of said church and school to which it belongs that the same should be sold; Therefore, SECTION 11. Henry Smith, the surviving executor of Andrew Smith, trustee for the German Reformed congregation and congregation school in the county of Montgomery, or, in the case of death, of Montgom some other person, as a majority of said congregation may diery county. rect, be, and is hereby authorized to grant, bargain and sell, the said messuage and tract of land, situate in New [Hanover township, and county of Montgomery, and to execute a deed or deeds, to the purchaser or purchasers thereof, which shall be good and valid, to convey to said purchaser or purchasers, all the right, title, interest and claim of the said executor and congregation, in and to the said premises, the proceeds arising therefrom to be vested in other real estate or property, as the said congregation, or a majority of them, may direct, to the same uses and purposes as the said messuage and tract are now holden and used. SECTION 12. The ministers, elders, and church wardens of Of the Germ. the German Lutheran congregation in and near the city of PhilLutheran adelphia, be authorized to let on ground rent, for a term of congreg❜n of Philadelphia years, such parts of the real estate of which they are seized, as they may deem necessary and expedient, the income thereof to be appropriated for the establishment of a free school for the children of its members, and the support of the poor of the said congregation: Provided, That nothing herein contained, shall impair or divest the title of others to the property hereby authorized to be let on ground rent. M'Clenahan. SECTION 13. Andrew M'Clenahan, guardian of Jane Hutchison M'Clenahan, a minor, is hereby authorized to convey and release in fee simple, on behalf of his said ward, all her right, title and interest in and to two certain lots of ground, situate in Of Jane H. the borough of Milton, Northumberland county, the one of which is situate on the west side of Main street, adjoining lots of James Stoughton and James P. Sanderson, and extending in depth from said Main street to the river; and the other, situate on a back street, and adjoining lots of William H. Sanderson and Robert H. Hammond, late the estate of James Hutchison, deceased, (under whom his grand child, the said minor, in right of her mother, is entitled,) and the said guardian is hereby cmpowered to execute the necessary conveyance for the transfer or release of the said minor's interest in the above described property, which shall have the same legal force and effect as if the said minor were of full age and had done the same. SECTION 14. Robert Moore, John Vance, William Scott and James P. Kerr, executors of the last will and testament of James Kerr, late of Washington county, deceased, are hereby authorized and empowered to sell a certain tract or piece of land, with the appurtenances thereto belonging, situated in North Strabane township, in said county, containing one hundred and seventysix acres, more or less, adjoining lands of William Kerr, John Kerr, Zachariah Rees, Errah Patterson and John Patterson, being a part of the estate of said testator, and to make and exe cute good and sufficient deed or deeds to the purchaser or purchasers thereof, conveying all such right, title and interest, as the said testator had therein, at and immediately before the time of his death: Provided, That the said executors, before they proceed to the sale of said property, shall enter into bond, with security, to be approved by the Orphans' Court of said county of Washington, for the faithful application of the proceeds of the sale thereof, according to the provisions of the will of said testator, and under the directions of said court. JAMES THOMPSON, JACOB KERN, Speaker of the Senate. APPROVED-The first day of April, one thousand eight hun Of J. Kerr. dred and thirty-five. GEO: WOLF. 7 Proviso. No. 65. An Act To authorize the Canal Commissioners to settle and adjust the claim of damages of Saniuel Talmage and Robert Criswell, Hugh Bigham and the heirs of Daniel Carey. 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 it shall be the duty of the Canal Commissioners to ascertain the amount of damages sustained by Samuel Talmage and Robert Criswell, and Hugh Bigham, in the carrying away and destruction of their salt, and injuries done to their salt works, erected and established previously to the construction of the dams and public works on the Kiskiminetas river, by the flood in the month of January, one thousand eight hundred and thirtytwo, and if in their opinion, the said loss was occasioned by the construction of dams by the State in the said river, and without any negligence on the part of the claimants, then to report the amount of damages they shall think the said Criswell and Talmage, and the said Hugh Bigham, shall in equity and justice, be entitled to, which sum so reported, shall be paid out of the damage fund, as in other cases of damages sustained by reason of the construction of the Pennsylvania canal, in such proportions to each, as may appear to be just and right, and that the sums so assessed, when paid, shall be in full of all claims for damages in the premises: Provided, That the said damages so assessed, shall not exceed the sum of one thousand dollars in the case of Talmage and Criswell, and one thousand dollars in the case of Hugh Bigham. SECTION 2. The Canal Commissioners shall ascertain the amount of damage sustained by Daniel Carey, of Luzerne county, or his legal representatives, in consequence of the breach in the Nanticoke dam and guard wall, at the time of the flood in the river Susquehanna, in the spring of one thousand eight hundred and thirty-three, the amount so assessed, to be paid out of the damage fund: Provided, The said damages so assessed, 2d Proviso. shall not exceed five hundred dollars: And provided, That no damages shall be allowed except for the land destroyed, without reference to any buildings or improvements thereon erected since the completion of the canal: And provided, That the Canal Commissioners shall assess the said damages under the provi Proviso. 3d Proviso. sions of the existing laws for the assessment of damages sustained by reason of the construction of the public works. APPROVED-The first day of April, one thousand eight hun dred and thirty-five. No. 66. GEO: WOLF. An Act Relative to Banks. SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the several banks in this Commonwealth now subject by law, to the payment of a tax on their dividends, shall Tax on hereafter pay into the Treasury of this Commonwealth, in the dividends. manner now directed by law, eight per cent. on all dividends which do not exceed six per cent. per annum; on dividends exceeding six per cent. and not exceeding seven per cent. per annum, a tax of nine per cent. on such dividends; and on divi. dends exceeding seven per cent. per annum, and not exceeding eight per cent., the said banks shall pay a tax of ten per cent.; and on dividends exceeding eight per cent. per annum, such banks shall pay a tax of eleven per cent: Provided, That the Proviso. provisions of this act shall not include the Girard bank, the Western bank of Philadelphia, the Manufacturers and Mechan- excepted. ics' bank of the Northern Liberties, the Moyamensing bank, the Merchants and Manufacturers' bank of Pittsburg, the Lumbermens bank at Warren, and the Towanda bank. JAMES THOMPSON, Speaker of the House of Representatives. Cert'in banks JACOB KERN, Speaker of the Senate. APPROVED-The first day of April, one thousand eight hun dred and thirty-five. GEO: WOLF. to Nelson Somerville. No. 67. An Act To change the name of John Hitchcock, of the city of Philadelphia, and others. 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 John Hitchcock be and he is hereby authorized to change his name from John Hitchcock to John Ives; and he shall henceforth be called and known by the name of John Ives; and by the same name shall be able and capable in law to sue and be sued, grant and receive, and do all other legal acts as effectually, to all intents and purposes, as he could have done by his former name, if no change had been made therein. SECTION 2. John Hamer be and he is hereby authorized to John Hamer change his name from John Hamer to Nelson Somerville; and he shall henceforth be called and known by the name of Nelson Somerville; and by the same name shall be able and capable in law to sue and be sued, grant and receive, and do all other legal acts as effectually, to all intents and purposes, as he could have done by his former name, if no change had been made therein. Pizant to Floyd to SECTION 3. The name of John Lindsay Furguson Pizant be and it is hereby changed to John Lindsay Furguson; and the said John shall be henceforth called and known by the name of John Lindsay Furguson; and by that name he shall be able and capable in law to sue and be sued, grant and receive, and do all other legal acts as effectually, to all intents and purposes, as he could have done by his former name, if no change had ever been made therein. SECTION 4. The name of Mary Ann Floyd be and it is hereby changed to Mary Ann Stanley; and the said Mary Ann shall be henceforth called and known by the name of Mary Ann Stanley; and by that name she shall be able and capable in law to sue and be sued, grant and receive, and do all other legal acts as effectually, to all intents and purposes, as she could have done by her former name, if no change had ever been made therein. JAMES THOMPSON, Speaker of the House of Representatives. JACOB KERN, Speaker of the Senate. APPROVED-The first day of April, one thousand eight hun dred and thirty-five. GEO: WOLF. |