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ninth day of April, one thousand eight hundred and forty-four, and that the foregoing is the act so passed by the said legislature.

WILLIAM P. WILCOX,

Speaker of the Senate.

JOHN J. M'CAHEN,

Clerk of the Senate.

JAMES ROSS SNOWDEN,

Speaker of the House of Representatives.

WILLIAM JACK,

Clerk of the House of Representatives.

No. 345.

AN ACT

To annul the marriage contract of Abraham Hiltebidle and Mary Ann, his wife.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the marriage contract entered into by Abraham Hiltebidle and Mary Ann, his wife, be and the same is hereby annulled and made void, and the parties released and discharged from the said contract, as fully and effectually, and absolutely, as if they never had been joined in marriage: Provided, That nothing herein contained shall be construed to render illegitimate any issue born of said marriage.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM BIGLER,

Speaker of the Senate.

We do certify that the bill, entitled "An Act to annul the marriage contract of Abraham Hiltebidle and Mary Ann, his wife," was presented to the governor on the seventeenth day of April, one thousand eight hundred and forty-four, and was not returned within ten days, (Sundays excepted,) after it had been presented to him; wherefore, it has, agreeably to the constitution of this commonwealth, become a law in like manner as if he had signed it.

JOHN J. M'CAHEN,

Clerk of the Senate.

WILLIAM JACK,

Clerk of the House of Representatives.

HARRISBURG, April 30, 1844.

No. 346.

AN ACT

To annul the marriage contract of Adam Hicksenbaugh, and Sarah, his wife.

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 marriage contract entered into between Sarah Hickman, of Greene county, and Adam Hicksenbaugh, be and the same is hereby declared null and void, and the parties discharged from all the obligations and liabilities growing out of the same, as fully and absolutely as if they had never been joined in marriage: Provided, That nothing herein contained shall render any issue of said parties illegitimate, which may have been born of said marriage.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

We do certify that the bill, entitled "An Act to annul the marriage contract of Adam Hicksenbaugh, and Sarah, his wife," was presented to the governor on the seventeenth day of April, one thousand eight hundred and forty-four, and was not returned within ten days, (Sundays excepted,) after it had been presented to him; wherefore, it has, agreeably to the constitution of this commonwealth, become a law in like manner as if he had signed it.

JOHN J. M'CAHEN,

Clerk of the Senate.

WILLIAM JACK,

Clerk of the House of Representatives.

HARRISBURG, April 30, 1844.

No. 347.

AN ACT

To annul the marriage contract of Silas E. Seybert and Mary Ann Seybert.

SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That the marriage contract entered into between Silas E. Seybert and Mary Ann Seybert, his wife, be and the same is hereby annulled and made void, and the parties released and discharged from the said contract, and from all legal duties and obligations arising therefrom, as fully and

effectually as if they had never been joined in marriage: Provided.
That the issue of said marriage shall be deemed and considered legiti-
JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

mate.

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We do certify that the bill, entitled "An Act to annul the marriage contract of Silas E. Seybert and Mary Ann Seybert," was presented to the governor on the seventeenth day of April, one thousand eight hundred and forty-four, and was not returned within ten days, (Sundays excepted,) after it had been presented to him; wherefore, it has, agreeably to the constitution of this commonwealth, become a law in like manner as if he had signed it.

JOHN J. M'CAHEN,

Clerk of the Senate.

WILLIAM JACK,

Clerk of the House of Representatives.

HARRISBURG, April 30, 1844.

zerne.

No. 348.

A FURTHER SUPPLEMENT

To the act, entitled "An Act erecting a new county out of the northern part of
Luzerne county, to be called Wyoming," 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 Process from Lu- from and after the first day of August next, the sheriff of Luzerne county shall not serve or execute, within the county of Wyoming, any fieri facias, liberari facias, levari facias, venditioni exponas or haberi facias, possessionem, or judgments rendered in Luzerne, except in cases where levies have been made on personal property before the erection of the county of Wyoming; but such judgments shall be proceeded in by testatum writs, or by transcript, as now provided by law: Provided, That the lien of any judgment in the county of Luzerne shall not be disturbed or affected by the passage of this act.

Misnomer, &c. not to invalidate

titles in certain cases.

SECTION 2. That in all cases where the real estate of any corporation shall be sold at sheriff's sale for the payment of bona fide debts, the purchasers shall receive titles discharged from any right of forfeiture to the commonwealth, by reason of misnomer, limitation or defect of power in the said corporation, to purchase and hold said lands; and the purchase money shall be distributed according to priority among the lien creditors, as in other cases.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM P. WILCOX,

Speaker of the Senate.

DAVID R. PORTER.

APPROVED-The thirtieth day of April, one thousand eight hundred

and forty-four.

No. 349.

A FURTHER SUPPLEMENT

To an act passed the eighteenth of April, one thousand seven hundred and ninetyfour, incorporating the district of Southwark, in the county of Philadelphia.

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 principal regulator of the district of Southwark, with any one of his assistants, shall, from and after the passage of this act, in addition to the rights and powers now vested in them, have the right and power to regulate partition fences within the said district of Southwark; and said Partition fences. fences shall be made in the manner generally used, and kept in good repair at the equal cost of the parties; and said fences shall not exceed in cost twelve dollars for every hundred feet, unless the persons at whose cost the same shall be erected shall agree otherwise.

SECTION 2. If either party shall be dissatisfied with the regulation as Appeal. aforesaid, he shall have the right to appeal to the next court of common pleas for the county of Philadelphia, in the same manner, and under the same restrictions, and subject to the conditions mentioned in the nineteenth section of the act incorporating the district of Southwark: Provided, That if said regulation shall have been made with full written notice to all parties interested, and shall not be appealed from as aforesaid, or if appealed from, shall be finally sustained, the same shall be final and conclusive, except as is excepted in the act to which this is a supple

ment.

SECTION 3. If either party between whom such partition fence is to Action. be or shall be made, shall not appeal as aforesaid, and shall not pay his half of the expense incident to said regulation and setting up or repairing such fence as aforesaid, then the party paying such expense shall have his action at law to recover the same from the defaulting party.

SECTION 4. The principal regulators aforesaid shall enter in the dis- Penalty for not trict book of regulations, all things necessary that shall be done by them having lots reguby virtue of this act; and if any person or persons shall enclose or fence lated.

in any lot or lots of ground without first having the line or lines or boundaries thereof regulated as aforesaid, or if having the line or lines or boundaries regulated as aforesaid, shall deviate therefrom, so as to enclose any of the adjoining ground, unless so determined on appeal, every such person, as well the owner as the person or persons making such fence, shall forfeit and pay the sum of fifty dollars to the use of the district of Southwark, besides being liable to the party injured.

SECTION 5. That the third section of the act of assembly, entitled District of SouthAn Act for the election of inspectors and judges of elections in the wark. township of Moyamensing, in the county of Philadelphia, and providing for the manner of electing commissioners in the district of Southwark, in the said county, and for other purposes," approved the eighth day of March, one thousand eight hundred and thirty-nine, be and the same is hereby repealed.

SECTION 6. That the eleventh, twelfth and thirteenth sections of the act of assembly, entitled "A further supplement to the several acts

Southwark elec- relating to auctions and auctioneers, and for other purposes," approved tion for commis- the eighth day April, one thousand eight hundred and forty-two, be and 、 sioners repealed. the same is hereby repealed: Provided, That the commissioners now

Additional guaf dians of poor to be elected by Spring Garden.

Kensington.

Moyamensing township.

ded for.

Taxes.

in office under said act of assembly hereby repealed, shall continue to hold and exercise said office of commissioner until their places shall have been supplied under the laws in force immediately before the passage of said act of assembly hereby repealed by this and the foregoing

section.

SECTION 7. That in addition to the guardians of the poor for the city of Philadelphia, the districts of the Northern Liberties, Southwark, Kensington and Spring Garden, the townships of unincorporated Northern Liberties and North and South Penn, in the county of Philadelphia, whose election is provided for by existing laws, the commissioners of the district of Spring Garden, shall, on the third Monday in May next, ensuing the passage of this act, and every three years thereafter, elect an additional guardian for said district, to serve as a guardian of the poor for three years, or until his successor be duly elected and qualified the commissioners of the district of Kensington, shall also, on the third Monday in May next, and every three years thereafter, elect an additional guardian of the poor, to serve for three years, or until a successor be duly elected and qualified; the commissioners of the township of Moyamensing, shall also, on the third Monday in May next, and every three years thereafter, elect one guardian of the poor, to serve for three years, or until his successor be duly elected and qualified and from and after the passage of this act, the Poor, how provi- poor of said township shall be received by the guardians for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and townships of Northern Liberties and Penn, and be provided for and treated in all respects like the poor of the city of Philadelphia and the board of guardians of the poor shall have the same power to assess and collect taxes, and appoint tax collectors in said township, as they now possess in the city of Philadelphia and the board of guardians shall also have power to appoint one person residing within the township of Moyamensing, as visiter of the poor, who shall receive such compensation as the board shall determine; the elections of the said guardians shall be conducted in the same manner as is provided for by law for the elections of guardians of the poor in the city of Philadelphia, and incorporated districts in the county of Philadelphia, and the persons thus elected shall take the same oath or affirmation, perform all the duties and be subject to the like penalties, as are now provided for under existing laws; if the city councils or the commissioners of any of the incorporated districts, fail to elect on the third Monday in May, then they shall elect the number to which they may be respectively entitled to elect, at some meeting of councils or of the board of commissioners, as the case may be, before the fourth Monday in May, in any year: Provided, That whenever any member of the said board of guardians resigns his office of guardian of the poor, it shall be his duty to communicate that fact to the body by which he was elected; and if the board of guardians neglect or refuse to communicate a notice of such vacancy or vacancies, created by any cause, to the body which elected the guardian or guardians, whose seat or seats have become vacant for a period of five days, any two members of the board of guardians may notify the proper body of such vacancy, which shall be supplied by a new election, within ten days after such notification: And provided further, That it shall be lawful for the said board of guardians to appoint such officers as they may deem necessary, and the

Visiter.

Oath.

Proviso.

Vacancy.

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