SECTION 5. That all officers of said borough, before entering upon the duties of their respective offices, shall take and subscribe before any judge or justice of the peace of said county, to "support the constitution Oath. of the United States, and of the state of Pennsylvania, and to perform the duties of his office with fidelity," and the certificates of the same shall be filed among the records of said corporation.

SECTION 6. That the said burgess and town council shall meet on the first Monday after their election, in each year, and appoint a clerk of Clerk, duties, said borough, whose duty it shall be to take charge of all the papers, &c. records, and common seal of said borough, and be responsible for the same; and shall keep a fair record of all proceedings, resolutions, bylaws and ordinances of said council; and the said burgess and town council shall have power to make, erect, alter, revise, repeal or amend all by-laws, rules, regulations and ordinances as shall be determined by a majority of them, necessary to promote the peace, good order, benefit and advantage of the said borough, and particularly providing for the regulations, improving, repairing and keeping in order the streets and alleys. They shall have power to assess and apportion such taxes as Assessments. shall be determined by a majority of them, and also to appoint a street supervisor, treasurer, and such other officers as may be deemed necessary, from time to time: Provided, That in the assessment of taxes, such tax shall not exceed one-half of the tax assessed for county purposes, on the citizens of said borough.

SECTION 7. That the burgess is hereby empowered to issue his pre- Taxes. cept to the high constable as often as occasion may require, commanding him forthwith to collect all taxes so assessed, and the same to pay over to the treasurer.

SECTION 8. That the treasurer, street supervisor, and high constable, Securities. shall, before entering upon the duties of their respective offices, enter into bonds with sufficient sureties, to be approved by the burgess, con

ditioned for the faithful performance of their duties.

SECTION 9. That the high constable of the said borough, shall, on High constable. giving surety and being qualified in the court of quarter sessions of said

county, shall have and exercise all the powers appertaining to the office of township constable.

FINDLEY PATTERSON,

Speaker of the House of Representatives.

WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The eighth day of March, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

No. 94.

AN ACT

Fixing the construction of certain acts of assembly, in relation to the rights of private property.

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 fourth section of the seventh article of the constitution of Pennsylvania, which directs that the legislature shall not invest any corporate body or individual with the privilege of taking private property for public use, without requiring such corporation or individual to make compensation to the owners of said property, or give adequate security therefor before such property shall be taken, shall be deemed to apply to all acts of assembly passed, or that may be passed during the present session of the legislature, as fully and effectually as if the same were incorporated in said act.

FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The tenth day of March, one thousand eight hundred

and forty-five.

No 95

FRS. R. SHUNK.

Boundaries.

AN ACT

To extend and define the boundaries of East Brunswig school district, Schuylkill county.

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 from and after the passage of this act, the boundaries of the school district erected out of parts of East Brunswig township, Schuylkill county, by the twenty-third section of the act, entitled "An Act to authorize the president judge of the district court of Allegheny county to hold special courts in Fayette county in certain cases, and for other purposes," passed sixteenth April, one thousand eight hundred and thirtyeight, are extended as follows: Beginning at the house of Benjamin Leiser, mentioned in said act, including all the land owned by Jonas

and Benjamin Bock; thence to the Little Schuylkill river; thence along said river to the place where the railroad of the Little Schuylkill navigation and railroad company crosses said river; thence along said railroad to a corner of Jacob F. Treichler's land; thence along the line late of Jacob F. Treichler and Jonathan Jones and company, to a corner of George Dreiblebiss' land; thence along the line of land of the said G. Dreiblebiss and Jonathan Yost, to the point where the said line intersects a line of said district, running due north from J. Yost's mill dam, as mentioned in the said act of the sixteenth April, one thousand eight hundred and thirty-eight; the said territory contained within the said boundaries, as hereinbefore stated, shall be hereafter a separate school district, to be known by the name of East Brunswig school district, and the said district shall be subject to all the provisions, and receive all the benefits of the laws enacted relative to common schools.

FINDLEY PATTERSON, Speaker of the House of Representatives. WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The tenth day of March, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

No. 96.

AN ACT

Assenting to a purchase made by the United States, of a piece of land, near Pitts burg, for a Marine hospital.

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 assent of the legislature of the commonwealth of Pennsylvania, is hereby granted to a purchase made by the United States, of a lot of ground for a Marine hospital in the reserved tract opposite Pittsburg, and conveyed by Luther Halsey, and Anna his wife, to the United States, by deed dated seventh of November, eighteen hundred and forty-two, and containing ten acres forty perches and forty-eight hundredths of a perch, according to the boundaries described in the deed of the purchase above mentioned, and under the like terms and conditions as are provided in "An Act assenting to a purchase made by the United States, of a piece of land near Pittsburg," passed nineteenth day of March, eighteen hundred and sixteen.

APPROVED-The tenth day of March, one thousand eight hundred and

forty-five.

FRS. R. SHUNK.

Preamble.

No. 97.

AN ACT

To confirm the title to a certain tract of land, late the estate of Jonathan W. Wadsworth, deceased.

WHEREAS, Jonathan W. Wadsworth, late of Venango township, Crawford county, deceased, in his lifetime entered into a parol contract with William Thomas to convey to him in fee a certain tract of land, situate in said township, containing fifteen acres and one hundred and fifty-seven perches, of which he was then seized, and received part of the consideration money for the same, and afterwards died without making any provision for the performance of said contract.

And whereas, David Wadsworth, the father and administrator of the said Jonathan W. Wadsworth, received the remainder of the consideration money, and executed a deed conveying the said premises to the said William Thomas in fee, without obtaining a decree by the proper court for the specific performance of said contract, or any order for such deed of conveyance, and doubts have arisen whether the said deed vested the title to the said premises in the said William Thomas, and would debar the heirs of the said Jonathan W. Wadsworth from recovering said tract of land from the assigns of the said William Thomas; 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 the deed of conveyance executed by David Wadsworth, administrator of Jonathan W. Wadsworth, late of Venango township, Crawford county, deceased, dated June sixteenth, one thousand eight hundred and thirty-six, and recorded in the recorder's office of said county, in deed book T, page sixteen, conveying to William Thomas in fee, a certain tract of fifteen acres and one hundred and fifty-seven perches of land, situate in said township, which the said Jonathan W. Wadsworth in his lifetime had by parol contracted to convey to the said William Thomas, shall be construed, deemed, and taken to pass and vest in the said William Thomas, his heirs and assigns, in fee, all the right, title, interest and estate of the said Jonathan W. Wadsworth in said premises at the time of his decease, as fully, to all intents and purposes, as if such deed had been duly executed by the said Jonathan W. Wadsworth in his lifetime; and his heirs are hereby debarred from recovering the said tract of land, or any part thereof, from said William Thomas, his heirs or assigns.

FINDLEY PATTERSON, Speaker of the House of Representatives.

WILLIAM P. WILCOX,

Speaker of the Senate.

APPROVED-The tenth day of March, one thousand eight hundred

and forty-five.

FRS. R. SHUNK.

No. 98.

AN ACT

To repeal a supplement to the act, entitled "An Act relative to the expenditure of the road taxes in Fayette county, and for other purposes," approved the fifth day of May, A. D. one thousand eight hundred and thirty-two, 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 a Fayette county. supplement to the act, entitled "An Act relative to the expenditure of the road taxes in Fayette county, and for other purposes," which authorizes the supervisors of the public roads and highways of Salt Lick township, in said county, to levy and collect a certain portion of the road tax in cash, approved on the fifth day of May, A. D. eighteen hundred and thirty-two. be and the same is hereby repealed.

SECTION 2. That it shall be lawful for the taxable inhabitants of the Public roads in townships of New Garden and Pennsbury, in the county of Chester, at Chester county. their next township election for supervisors of the public roads and highways, to elect three suitable persons as supervisors, one for one year, one for two years, and one for three years, and one person annually thereafter, to serve for three years, any two of whom may constitue a quorum to do business; and whose duty it shall be within fifteen days after their election, and every three years thereafter, to lay out and divide the public roads and highways in said townships into sections not exceeding onehalf mile in length, which they shall number and describe in a book kept by them for that purpose. They shall also distinctly specify therein what they deem necessary for the improvement and keeping in good repair the said public roads and highways, with an estimate of the amount of money which it will require to improve and keep in repair each and every section of the said roads respectively, for the term. of three years; and when the supervisors shall have so laid out and divided the said public roads and highways as aforesaid, they shall within two days thereafter give at least ten days' notice, by six or more handbills put up in the most public places in the said townships, designating the time and place for the taxable inhabitants of said townships to meet, at which time and place it shall be the duty of the said supervisors to attend and sell out at public sale, for the term of three years. to the lowest and best bidder of the taxable inhabitants of the said townships, the said sections of the public roads and highways, according to the terms therein specified, one section at a time, until they are all disposed of; but no section shall be sold for more than the sum estimated thereon by the supervisors, and if any section or sections shall then remain unsold on account of no bid having been made, or on account of their having been bid higher than the amount estimated by the supervisors, they shall be again set up and sold to the lowest bidder, not exceeding the estimate aforesaid, and if any section or sections shall still remain unsold, the supervisors shall afterwards let out such section or sections on private contract: Provided, That the said supervisors Proviso. shall not be allowed either directly or indirectly to purchase or contract for any section of road so sold or let out: Provided also, That only one-third part of the amount of the said sales and contracts shall be