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SECTION 41. If any collector who shall have taken upon himself the duties of his office, shall fail to perform such duties, he shall forfeit a sum not exceeding forty dollars, to be recovered by the county or township, as the case may be as debts of a like amount are recoverable: Provided, That the sureties of a collector shall notwithstanding such proceedings against him, remain liable according to the condition of their bond.

SECTION 42. No person shall be re-appointed a collector of county or township rates and levies, who shall not have finally settled and paid over the whole amount received by him on former duplicates.

SECTION 43. The condition of the bond to be given by the several collectors as is hereinbefore provided, shall be that such collector, shall well and truly collect and pay over or ac count for according to law, the whole amount of the taxes charged and assessed in the duplicate delivered to such collector.

SECTION 44. Every warrant to a collector issued as is hereinbefore provided, shall be effectual to authorize him to collect the sums charged in his duplicate during the period of three years from the date of his warrant.

SECTION 45. Provided, That nothing herein contained shall authorize the arrest or imprisonment for non payment of any tax of any female or infant, or person found by inquisition to be of unsound mind.

SECTION 46. The goods and chattles of any person occupying any real estate, shall be liable to distress and sale, for the non-payment of any taxes assessed upon such real estate, during his possession or occupancy and remaining unpaid in like manner, as if they were the goods and chattels of the owner of such real estate.

SECTION 47. Every collector shall within six weeks from the date of his warrant, pay all such moneys as he may by that time have received to the treasurer of the proper county or township, as the case may be, at a certain time and place to be mentioned in such warrant.

SECTION 48. The commissioners of the proper county, and the supervisors and overseers of the poor of the proper township, as the case may be, shall at all times make abatement or exonerations for mistakes, indigent persons, unseated lands, &c. as to them shall appear just and reasonable, and the commis. sioners shall direct their clerk to enter in a book or books, to be kept for that purpose the names of all persons abated or exonerated, together with the reason why, the amount and date, when made, and give to the collector a certificate directed to the county treasurer, stating the nature of the tax, and the amount exonerated, in order to make settlement accordingly, and the same course shall be pursued by the supervisors and overseers of the poor, with respect to exonerations of township rates and levies.

SECTION 49. Every collector shall within three months after receiving the corrected duplicate, pay into the hands of the treasurer of the proper county or township, as the case may be, the whole amount of the taxes charged and assessed in such duplicate, excepting such sums as the commissioners or supervisors and overseers, as the case may be, in their discretion, may exonerate him from, on pain of being answerable for, and charged with the whole balance so remaining unpaid.

SECTION 50. It shall not be lawful for any collector to institute a suit, for the recovery of any tax in any court of this State, or before any alderman or justice of the peace of this State, and no such court, alderman or justice, shall issue process for such purpose.

SECTION 51. It shall be lawful for any collector with the approbation of the treasurer of the proper county or township, as the case may be, to employ a suitable person to act for him. in the execution of his warrant, such collector and his sureties being in all cases responsible for the acts of such deputy.

SECTION 52. Every collector shall be entitled to retain at the final settlement of his duplicate, the sum of five per cent, on all moneys by him collected, which shall be allowed to him by the treasurer of the proper county or township, as the case may be, and shall be in full compensation for his services as collec

tor.

WM. PATTERSON,

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The fifteenth day of April, one thousand eight hundred and thirty-four.

GEO: WOLF.

No. 233.

AN ACT

For the relief of William Bailey, late paymaster of the thirty third regi ment of Pennsylvania militia.

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 Auditor General be, and he is hereby authorized and directed to draw his warrant on the State Treasurer, in favor of William Bailey, late paymaster of the thirty-third regiment of Pennsylvania militia, for the sum of one hundred

and five dollars and forty cents, being the amount overpaid by him as appears by a settlement of his accounts by the board of officers of said regiment,

WM. PATTERSON

Speaker of the House of Representatives.

JACOB KERN,

Speaker of the Senate.

APPROVED-The fifteenth day of April, one thousand eight

hundred and thirty-four.

No. 234.

GEO: WOLF.

Bounds extended.

Powers of

AN ACT

Extending the bounds of the borough of Erie.

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 bounds of the borough of Erie, in the county of Erie, be and they are hereby extended northwardly from the present northern boundary thereof, thirteen hundred feet into the bay of Presque Isle; the eastern and western boundaries of said extension, to be in a direct line with the present eastern and western bounds of the same borough.

SECTION 2. Until the legislature shall otherwise provide, the burgess and town council of the said borough, shall have power burgess and to enact ordinances for the preservation of the canal basin, now town council, being erected in the bay of Presque Isle, the pier work thereof, and all public bridges, wharves, and other appendages and constructions, connected therewith, and for regulating the manner in which the same may be used by the public, with such restrictions, prohibitions and penalties, as shall appear conducive to the public interest and welfare of the Commonwealth.

WM. PATTERSON,

Speaker of the House of Representatives.

JACOB KERN, Speaker of the Senate.

APPROVED-The fifteenth day of April, one thousand eight

hundred and thirty-four.

GEO: WOLF.

No. 235.

AN ACT

For the relief of Julia Plantou and others.

WHEREAS, Julia Plantou wife of Anthony Plantou, Gustavus Plantou, and Octavia Plantou, children of the said Anthony and Julia have petitioned the Legislature setting forth that the said Julia with her own proper money purchased a lot of ground on the south side of Spruce street, between Delaware fourth and fifth streets in the city of Philadelphia, for the sum of twentyfive hundred dollars, which lot by deed dated the eighteenth June, one thousand eight hundred and thirty, was conveyed by the vendors to Francis J. Troubat of the said city in trust for the said Julia for life, remainder to the said Gustavus and Octavia for life, remainder to their right heirs, without any power being reserved to her the said Julia to revoke the said uses and to declare new ones although the scrivener who drew the conveyance was expressly directed by her, through her counsel and trustee the said Francis J. Troubat, to insert such power, but which he neglected to do, that since the execution of the said conveyance, the said Julia with the aid and contribution of the said Gustavus has erected and built on the said lot a three story brick building, and that the whole property is now worth at least eight thousand dollars, that they have had opportunities of advantageously disposing of the said property, and of purchasing other property advantageously on the security of this, but to their surprise and prejudice have been prevented by the trusts of the said deed thus erroneously restricted, and have prayed the Legislature to grant them relief: And whereas, The investigation and examination of such matters belong more properly to the courts than to the Legislature. Therefore,

Preamble,

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 said Julia Plantou, Gustavus Plantou, and Octavia Plantou, and such other person or persons as are interested Authority to in the subject matter of the said petition, and ought to be parties, file their applaintiffs or petitioners, shall be and are hereby authorized to plication, &e, file their application or petition to the Orphans court for the city and county of Philadelphia, setting forth the facts of their case, and the said court is authorized thereupon, to cause notice thereof to be given to all persons interested therein, or who ought to be parties defendants in such way and manner as to the said court shall seem right, and to make such further or ders thereupon, as may be proper for a full investigation of the merits of the case, and if upon a full hearing and investiga.

522

tion of the merits of the said case it shall appear to the said
court, to be one in which according to the principles of equity a
court ought to grant relief by correcting the error, omission, or
other defect in the drawing of the said deed, or otherwise, the
said court is hereby authorized and empowered, to decree such
correction or to grant such other relief as according to equity
and justice ought to be granted.

WM. PATTERSON,

Speaker of the House of Representatives.
JACOB KERN,

Speaker of the Senate.

APPROVED-The fifteenth day of April, one thousand eight

hundred and thirty-four.

No. 236.

GEO: WOLF.

J Schucher,
G Treine,
J Everhart,

AN ACT

For the relief of sundry soldiers and widows of soldiers of the revolutionary war.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, în General Assembly met, and it is hereby enacted by the authority of the same, That the State Treasurer is hereby authorized and required to pay to Jacob Schucher, George Treine and John Everhart of Berks county, Henry Heft of Bucks county, David Vanderbelt of Adams county, Richard Hamilton of Lancaster county, Samuel Gibson of Chester county, Emanuel Duey of Dauphin county, William Stone of Chester county, and Peter Klingman R Hamilton, of Union county, soldiers of the revolutionary war, or to their respective orders, forty dollars each immediately and an annuity Wm Stone, of forty dollars cach during life, payable half yearly, to comP Klingman. mence on the first day of March, one thousand eight hundred and thirty-four.

H Heft,
D Vanderbelt

S Gibson,

E Duey,

C Dosh,

R M'Masters,
Eve Koch.

SECTION 2. The State Treasurer is hereby authorized and B Dentlinger, required to pay Barbara Dentlinger of York county, Catharine Dosh of Lancaster county,Rhoda McMasters of Lycoming county, and Eve Koch of Dauphin county, widows of soldiers of the revolutionary war, or to their respective orders, forty dollars each immediately and an annuity of forty dollars each du-" ring life, payable half yearly, to commence on the first day of March, one thousand eight hundred and thirty-four.

S Link,
J Murphy,
Wm Nichel.

SECTION 3. The State Treasurer is hereby authorized and required to pay Simon Link of Berks county, John Murphy of Baltimore county, Maryland, and William Nichel of Mercer

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