SECTION 2. No devise or legacy hereafter made in favor of a brother Legacies and deor sister, or the children of a deceased brother or sister of any testator, vises. such testator not leaving any lineal descendants, shall be deemed or held to lapse, or become void by reason of the decease of such devisee or legatee, in the lifetime of the testator, if such devisee or legatee shall leave issue surviving the testator; but such devise or legacy shall be good and available in favor of such surviving issue, with like effect as if such devisee or legatee had survived the testator, saving always to every testator the right to direct otherwise.

WHEREAS, The laws in relation to the collection of tax on collateral Preamble. inheritances are imperfect, and in order more effectually to secure the

payment of all moneys accruing to the commonwealth for the same:

SECTION 3. That from and after the passage of this act, it shall be Collateral inherithe duty, on the payment of said tax by any executor or administrator, tance tax.

to take duplicate receipts from the register, one of which shall be for- Duplicate receipts warded forthwith to the auditor general, whose duty it shall be to charge Duty of auditor the register so receiving the money with the amount, and seal with the general. seal of his office, and countersign the same and transmit it to the executor or administrator-whereupon it shall be a proper voucher in the settlement of the estate; but in no event shall an executor or administrator be entitled to a credit in his account by the register, unless the receipt is so sealed and countersigned by the auditor general.

SECTION 4. That all judgments heretofore entered on writs of scire Scire facias. facias quare executionem non, shall have the same effect to revive and continue the lien of the original judgment, as if entered upon writs of

scire facias post annum et diem.

SECTION 5. That in all cases where acts creating railroad or canal Security for canal companies, security to the owners of lands, through which any canals and railroad damand railroads may pass, is required to be given, and approved by any ages. of the courts in the counties where such lands lie, said security may be given and approved of by any two of the judges of said courts during vacation: Provided, That at least five days notice shall first be given to the owners of such lands, or their known agent or attorney, of the time and place of offering such security, and the names of the sureties to be offered.

SECTION 6. That in all cases of appeal from the decision of town- Township audiship auditors, settling the accounts of township officers, to the court of tors. common pleas of any county, the cost shall abide the event of the suit,

as in other cases.

SECTION 7. That it shall be lawful to serve any summons, rule or Process in Erie notice issuing out of any of the courts of the counties of Erie or Warren, and Warren upon any person or persons found at any time in said counties, being a counties. resident or citizen of the state of New York.

SECTION 8. That hereafter no attorney or judgment fees shall be Judgment or atallowed or taxed on the entry of any judgment by confession in any torney fees. court in this commonwealth, where suit has not been previously commenced, and where the amount of said judgment shall not exceed the sum of one hundred dollars; and the tax to be paid upon the entry of judgment as aforesaid, and upon the entry of any transcript of the judgment of a justice of the peace or alderman, to create a lien, shall be paid by the plaintiff, without recourse to the defendant.

Mechanics' lien

SECTION 9. That the lien given by the act of sixteenth June, one law extended to thousand eight hundred and thirty-six, entitled "An Act relating to the curbstones in lien of mechanics and others upon buildings," is hereby declared to Lancaster city.

extend to plumbers, and to persons furnishing curb-stones for the pavement of any building within the bounds of the city of Lancaster.

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

Speaker of the Senate.

APPROVED-The sixth day of May, one thousand eight hundred and

forty-four.

DAVID R. PORTER.

Preamble.

No. 370.

AN ACT

Authorizing the executors of Andrew Jack, to sell and convey real estate.

WHEREAS, Allen Jack, late of Wilkesbarre, in the county of Luzerne, died about the year one thousand eight hundred and thirteen, intestate, unmarried and without issue, seized of certain real estate situate in said borough of Wilkesbarre, as hereinafter more particularly described, leaving a father, John Jack, late of Meachey, in the county of Tyrone, Ireland. but no mother; and also leaving two brothers, William Jack and Andrew Jack, and a sister, Jane Jack, wife of William Simpson, of Omagh, county Tyrone, Ireland:

And whereas, The said William Jack, brother of the said Allen, afterwards, and in the lifetime of his father, died intestate, unmarried and without issue, and the said Andrew Jack, brother of said Allen, afterwards died leaving no widow, but leaving three sons, John Jack, Andrew Jack and William Jack, and two daughters, Elizabeth Jack and Jane Jack, all minors under the age of twenty-one years; and by his last will and testament, duly executed after other bequests and devices, (not including said property.) bequeathed and devised all the residue and remainder of his estate, equally amongst his said three sons, or to which ever of them should be living when of age, and appointed his brother-in-law, Andrew Welsh, of Magheracotton, in said Ireland, one of the executors thereof, to whom solely letters testamentary were duly granted:

And whereas, On the fifteenth day of June, Anno Domini, one thousand eight hundred and thirty, and during the lifetime of the said John Jack, the father, and the said Andrew, brother of said Allen, certain articles of agreement were entered into between the said William Simpson of the one part, and John N. Conyngham, of said Wilkesbarre, of the other part, whereby it was agreed that the said real estate should be conveyed, in fee, to the said John N. Conyngham, in consideration of the sum of two thousand five hundred dollars:

And whereas, The said John N. Conyngham has ever since been in possession of the said premises, under the said agreement, and is desirous that the same be perfected, which cannot be by reason of the minority of the said children of the said Andrew Jack, brother of said

Allen Jack, deceased; and it is greatly for the interest of said children that the same should be duly completed:

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 and may be lawful for the said Andrew Welsh, executor, as Executor of Anaforesaid, of the last will and testament of the said Andrew Jack, drew Jack to exedeceased, father of the said minors, on payment to him, by the said cute deed to John John N. Conyngham, of such share or proportion of the said purchase N. Conyngham. money as may be due to the said minor children of said Andrew Jack, by deed duly executed and acknowledged according to the laws of this commonwealth, to convey unto the said John N. Conyngham, his heirs and assigns, forever, all the undivided right, title and interest of them, the said John, Andrew, William, Elizabeth and Jane Jack, minor children of said Andrew Jack, deceased, in and to all that certain tract or parcel of land situate in the township (now borough) of Wilkesbarre, county of Luzerne, and state of Pennsylvania, being part of that lot known and distinguished as lot number eighteen, in the second division of lands in said township, bounded and described as follows: Beginning at a corner, thence along the Main street, south fifty-five degrees twenty minutes west ten perches and four links to a corner; thence by lot number seventeen, north thirty-four degrees forty minutes west twenty-eight perches and eighteen links to a corner; thence by number five north fifty-five degrees twenty minutes east ten perches and four links to a corner; and thence by the other part of lot number eighteen, south thirty-four degrees forty minutes east twenty-eight perches and eight links to the beginning, containing one acre one hundred and thirty-one perches and five-tenths, being the same tract of land which the commonwealth of Pennsylvania, by patent dated February eighteen, one thousand eight hundred and twelve, and enrolled in the office in patent book H, number six, page six hundred and twenty-five, granted to the said Mathew Covell, in fee, and which the said Mathew Covell, and Orrele, his wife, by indenture dated March twelve, one thousand eight hundred and twelve, and recorded in the office for recording deeds of Luzerne county, Pennsylvania, in deed book number thirteen, page four hundred and sixty-six, together with all and singular the improvements thereon, being the same premises of which the said Allen Jack died seized, as hereinbefore mentioned; which said deed shall be as valid and effectual, to pass the interest of said minors in the said estate, as if the same had been duly executed and acknowledged by them, being of full age and unmarried: Provided, The orphans' court of Proviso. Luzerne county shall be satisfied that the said conveyance for the said consideration money will not be prejudicial to the interests of the minor children interested therein; and the said executors, before receiving said consideration money, and executing said conveyance, shall give bond to the commonwealth, with such sureties, and in such penalty, as the said court shall approve, conditioned for the payment of the said moneys to the persons entitled thereto under the decree of said court.

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

Speaker of the Senate.

APPROVED-The sixth day of May, one thousand eight hundred and

forty-four.

DAVID R. PORTER.

No. 371.

AN ACT

Relative to roads and bridges in the counties of Crawford, Clearfield and Greene.

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 Election of super- the qualified voters of the different townships in said counties shall, on the third Friday of March, one thousand eight hundred and forty-five, at the township election, elect three persons, who shall be styled supervisors of roads and bridges.

visors.

Classification.

Oath.

Vacancy.

Assessment.

Tax.

elect roadmaster.

SECTION 2. Within ten days after said election, the persons so elected supervisors shall meet at the office of the township clerk, or in his absence at the clerks of the elections, who shall proceed to class, by lot, the said supervisors, one to serve three years, one to serve two years, and one to serve one year; and as soon as the clerk shall have completed the classification, he shall administer an oath or affirmation to each of said supervisors, faithfully and impartially to administer the duties of said office, and shall record the same in the township records; and the qualified voters, in each of said townships, shall, annually, at the township elections thereafter elect one person for supervisor, who shall hold his office for three years; and if any vacancy occurs, such vacancy shall be supplied by appointment by the board until the next election.

SECTION 3. As soon as the supervisors are qualified, they shall notify the assessor of the township, who made the last assessment, to meet them at a day and place to be named by them, and when so met, they shall proceed to draw off, in a duplicate, the names of all the taxables in said township, together with all the property of each taxable assessed by said assessor for county rates and levies, and place the same valuation on such as was placed for county purposes, and the said assessor shall certify the same to be a true copy of the last assessment of said township.

SECTION 4. The supervisor shall lay such tax on the property so assessed, as they may deem necessary for road and bridge purposes for the current year, not exceeding one-half cent in every dollar of valuation so made, but if the same shall all be expended, and unavoidable repairs be required, the supervisors may raise an additional sum for that purpose not exceeding one per cent. in any one year in the whole, and no taxable shall be assessed with less than one days work per year; and if the supervisors find it necessary, they may each year collect a part of the tax not exceeding twenty-five per cent. in money to defray the expenses of said roads or bridges, and also for laying out roads in said townships.

SECTION 5. Every sub-school district in the respective townships Road districts to shall be a road district, and shall every year, at the same time they elect school committee or trustees, also elect one person as roadmaster in said district, and the supervisors shall furnish each roadmaster with a list of the taxables in his district, together with the amount of tax to be

paid by each; and the roadmaster shall notify each person named in his duplicate, of the time and place he intends to work on said roads, and if the person so notified neglects or refuses to work as directed, such delinquent shall be returned by the roadmaster forthwith to the supervisors; and in case any roadmaster shall refuse to act or to perform the duties enjoined upon him, he shall pay a fine not exceeding five dollars, to be collected before a justice as other sums of like amount-and the supervisors shall appoint another to serve in his place until the next election.

SECTION 6. The supervisors are hereby authorized to issue their Warrants. warrant to the constable of the township, for the collection of any money that may be due from resident taxables, returnable in twenty days to the treasurer of the township; and the constable is hereby required to execute the same, under the same regulations and in the same manner and for like fees as the said constables now do perform and have in case of executions, except that the defendant or delinquent shall not have the benefit of the appraisement and stay, as is now' granted on executions.

SECTION 7. It shall be the duty of the supervisors to take charge of Roads and bridges all the roads and bridges in the county, (except county bridges,) and to lay out and alter the same at the request, in writing, of the citizens of said township, if the supervisors deem it necessary, and they shall furnish the town clerk with a return of all such roads laid out or altered, in the same manner as viewers now make report to the court of quarter sessions; and said clerk shall keep a record of all roads so laid out or altered, and return the same, every court, to the clerk of the quarter sessions, who shall record the same in the same manner as reports of views are now recorded; when any road is wanting, which shall pass out of any township into another township, the same shall be laid out and agreed upon by a majority of the supervisors of the townships through which said road pass, and in all cases, when pacticable, the roads shall be laid out on the dividing lines of tracts, so as to do as little injury as possible to private property.

SECTION 8. The said supervisors shall, in the month of December of each year, make out a list of all unseated lands in each township on which the road tax of the current year remains unpaid; and one of said supervisors shall. in said month of December, make return of said unseated lands to the supervisors of the county, and certify the same; and the same proceedings shall be had for collecting the tax on said lands as are now had where the returns are made by the supervisors.

Unseated lands.

SECTION 9. All moneys raised in said townships, by tax or other- Tax, how paid. wise, for road purposes, shall be collected and paid to the treasurer of the proper township; and whenever there is money, either in the township or county treasury for the purposè, public notice shall be given by the said road supervisors, that contracts will be let out at a certain time and place to be mentioned, to make or repair such portions of the road, or to build such bridges according to specified plans as may be necessary, and at the time and place mentioned, the same shall be put up at public vendue or outcry, and let to the lowest bidder; and when the same is fully completed, according to the proposed plan, the same shall be paid for by orders drawn by two or more of the supervisors, on the

treasurer.

SECTION 10. The said supervisors shall, annually, settle their Settlement of acaccounts with the auditors of the township, as supervisors now do under counts.