height to enable him to draw off the water for the use of a mill or other water works; Provided, That the said John Umstead, Proviso. his heirs and assigns, in erecting the said dam and keeping it in repair, or in drawing off the water from the said river, shall not thereby or in any wise injure or impede the navigation thereof, nor infringe the rights and privileges of any individual, nor shall they erect any wier, rack or basket, nor make use of any such device for the purpose of taking fish out of the waters drawn off said river by means of said dam; Provided the said Not to take more John Umstead, his heirs and assigns, shall not take any more supply two water water from the aforesaid dam, than will supply two water wheels wheels. for said mill or water works. SECT. 11. And be it further enacted by the authority aforesaid, That on complaint of any person or persons to the judges of the court of quarter sessions of the peace of the county of Montgomery, it shall be the duty of the said judges to appoint three reputable and disinterested persons to view the said dam and compare it with the limitations and provisions of this act, and report the state thereof to the said court at their next session, whereupon if it shall appear thereby that any offence has been. committed against this act it shall be the duty of the said court to direct a bill of indictment to be sent to the grand jury, and upon prosecution to conviction, the said John Umstead, his heirs and assigns, or any of them, shall be liable to pay a fine not exceeding two hundred dollars, at the discretion of the court one half for the use of the commonwealth and the other half for the use of the person prosecuting to conviction; and the court shall moreover order so much of the said dam to be abated as shall bring the same within the limitations and provisions of this act, at the cost of the person or persons so convicted; Provided nevertheless, That nothing herein contained shall be taken to prevent any person prosecuting under this act, from being received as a competent witness at the trial of any indictment under the same. JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the thirteenth day of February, one thousand eight hundred and eleven. water than will SIMON SNYDER. CHAPTER XLVI. An ACT authorizing the sale of a certain tract of land in WHEREAS Samuel Garretson and James Wickersham, trustees of the religious society of Friends and others of the said society, inhabitants of Newbury township in the county of York, have represented that a certain tract of land situate in the said township of Newbury, containing forty-two acres and sixty-one perches, was granted to John Garretson and Joseph Hutton by patent dated the twentieth day of May, in the year of our Lord one thousand seven hundred and ninety-six, in trust for the use of the said society for the purpose of a meeting place and burying ground. And that by the direction of the said society, and authority of an act of the general assembly of Pennsylvania, passed the nineteenth day of February, in the year of our Lord one thousand eight hundred and two, Samuel Garretson, James Wickersham and Ezekiel Kirk, the then trustees for the said society, sold and conveyed thirteen acres and two perches of the said land, and that the said Samuel Garretson and James Wickersham yet remain trustees for the said society, and hold the residue of the said tract of land which is occupied for the purpose aforesaid; And whereas the local situation of the members of the said society at Newbury aforesaid is much changed by removals and other causes, and a change of their meeting place would much contribute to their convenience; 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 J. Wickersham Samuel Garretson and James Wickersham or the survivor of authorized to sell the residue of a them shall be, and they are hereby empowered to sell and convey in fee simple to the purchaser or purchasers thereof, all the residue of the said tract of land, or such part thereoi as they shall think proper, and apply the proceeds of the said sale or sales to the purchase of other land for the purpose of a meeting place and burying ground, or such other use as the said society shall direct. S. Garretson and certain tract of land, JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the thirteenth day of February, one thousand eight hundred and eleven. SIMON SNYDER. CHAPTER XLVII. An ACT authorizing the sale of the real estate of John WHEREAS it appears by the proceedings had in the court of common pleas, in and for the county of Lancaster, that a certain John Kauffman of said county, has been found and declared to be a lunatic and non compos mentis, and that John Herr and Andrew Kauffman were, by the said court of common pleas, appointed a committee to take care of the person and estate of the said John Kauffman; And whereas, it has been represented to the legislature that the said John Kauffman is seized of four several tracts of land within the said county containing in the whole twelve and one half acres, and that the same tracts by reason of their detached situations are expensive and difficult to cultivate, and therefore unproductive, and that it would be beneficial to the interest of the said lunatic if the same committee were by law authorized to sell the same; Therefore, Kauffman to take Kauffman a lu 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 it J. Herr and A. shall and may be lawful for John Herr and Andrew Kauffman, care of the person the committee to take care of the person and estate of John and estate of J. Kauffman a lunatic, by public sale, (previous notice thereof shall natiç. have been given in two of the weekly papers published in the borough of Lancaster, one thereof in German, at least four weeks,) to sell and convey all the real estate belonging to the said lunatic, to such person or persons, for such prices, terms and conditions as they may deem most advantageous to the interest of the said lunatic and his heirs, and that the deed or deeds of the said John Herr and Andrew Kauffman, as a committee of the said lunatic, to the purchaser or purchasers of the whole or any part of the said premises, shall be as good and valid in law to all intents and purposes as if made by the said John Kauffman before he had become a lunatic and non compos mentis; i'rovided always. That the said John Herr and Andrew Kauffman shall, before they proceed to sell the real estate of the said lunatic, enter into recognizance before the court of common pleas for the said county of Lancaster, with sufficient security, that all monies arising from the sales authorized by this act, shall, after paying any debts that the said lunatic may owe, be disposed of as will be most for the benefit of the said lunatic and his heirs. nies to descend SECT. II. And be it further enacted by the authority aforesaid, Residue of mo That the residue of the monies arising from the said estate, shall, to the heirs of at the death of the said lunatic, descend to the same heirs and the lunatic. in the same proportions as the real estate would have done if this act had not been passed. JOHN WEBER, Speaker of the House of Representatives, P. C. LANE, Speaker of the Senate. APPROVED-the thirteenth day of February, one thousand eight hundred and eleven. SIMON SNYDER. Patents to issue &c. Certificate from stating &c. Warrants and &c. filed in secreta CHAPTER XLVIII. An ACT to encourage the warranting and patenting of lands, north and west of the rivers Obio and Allegheny, and Conewango creek. SECT. I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is bereby enacted by the authority of the same, That the secretary of the land-office of this com to actual settlers, monwealth, be, and he is hereby authorized to issue warrants and patents to all actual settlers residing north and west of the rivers Ohio and Allegheny, and Conewango creek, who have complied with the acts of one thousand seven hundred and ninetytwo, and one thousand seven hundred and ninety-four, who may apply within two years after the passing of this act, with such documents as are now required by law to obtain warrants and patents in that part of the state, also a certificate of the dedeputy-surveyor puty-surveyor of the proper district, certifying that to the best of his knowledge and belief the lands contained in said survey has not been claimed by any other person, by warrant or otherwise, and on the payment of the usual fees of office, such persons shall receive their warrants and patents upon executing a patents to issue, mortgage to the governor, for the use of the commonwealth, to secure the payments of the purchase money and the interest due this commonwealth, in ten equal annual instalments, and all mortMortgages to be gages executed in pursuance of this act shall be for the purchase money and interest thereon only, and shall be filed in the office of the secretary of the land-office, and shall be available in law To be by him en- without the recording thereof. And it shall be the duty of the secretary of the land-office, before he shall deliver any such patent to be enrolled, to endorse thereon, that a mortgage is executed by the patentee to the governor, for the use of the commonwealth, to secure the payments as aforesaid, specifying the amount thereof; Provided always, That any person or persons, who have executed or who may hereafter execute a mortgage or mortgages to the governor, for the use of the commonwealth, to secure the payment of the purchase money on lands, shall not in consequence of their executing such mortgage or mortgages, be deprived of the privileges to which freeholders are entitled; any law or custom to the contrary notwithstanding. That nothing in this act shall prevent any person or persons or chase money may their legal representatives from paying the whole amount due time within the the commonwealth, at any time within the ten years aforesaid; and that the application and mortgage as above stated may be made and executed by a legal agent or representative, duly contorney or agent. stituted by letter of attorney, acknowledged before some justice of the peace in the county where the land may lie; Provided, That no warrant or patent issued under the authority of this ry's office. dorsed before en rolment &c. Proviso. Whole of the pur be paid at any ten years. Land may be mortgaged by at act to any actual settler, shall prejudice or in any wise affect, or impair the right, interest or claim, of any person or persons whomsoever in any of the said lands. ors to make' re surveys, &c. SECT. II. And be it further enacted by the authority aforesaid, Deputy surveyThat all surveys made, or that may hereafter be made, agreea- turn of certain bly to the eighth section of the act of the third of April, seventeen hundred and ninety-two, and entered in the surveybook of the proper deputy-surveyor, agreeable to said act, it shall be the duty of the deputy-surveyors, on application to them made, to make return of said surveys into the surveyorgeneral's office at any time after the passing of this act, and the surveyor-general shall file the same in his office, after which the lands so surveyed and returned need not be again surveyed, but the secretary of the land-office shall issue warrants of acceptance for the same to the person or persons applying to take their titles, agreeably to the provisions and directions of the first section of this act. entitled to a cre SECT. III. And be it further enacted by the authority aforesaid, Actual settlers That at any time after the passing of this act, on the application dit upon the of any of the settlers as aforesaid, who may have filed their books, &c, applications in the land-office, it shall be the duty of the secre tary of the land-office to issue a certificate to the treasurer of this commonwealth, authorizing him to receive any sum or sums of money, not less than ten dollars, and upon the receipt being returned to the land-office it shall be entered to the credit of the said applicant, although he may not have executed a mortgage so as to entitle him to a warrant or patent. JOHN WEBER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the first day of March, one thousand eight hun dred and eleven. SIMON SNYDER. CHAPTER XLIX. An ACT to remedy a defect in the title of Jacob C. Welper to certain lots in the town of Berwick, in the county of Luzerne, and in the borough of Easton, in the county of Northampton. WHEREAS it appears to the legislature that Jacob C. Welper, a native of Germany, emigrated to the state of Pennsylvania on the twentieth of July, one thousand eight hundred and six, and has since declared his intention of becoming a citizen of the United States: That on the twenty-third day of May, one thousand eight hundred and nine, he purchased from |