with delivered or transferred to such other person or persons, as the court may appoint to receive the same, upon security being given by such receiver, according to the order of the

court.

SECTION 22. The court having jurisdiction as aforesaid, shall have power, upon the application by bill or petition of any assignee or trustee, setting forth such facts as in equity would entitle him to relief, to discharge him from the trust: Provided. That no such discharge shall take place, unless the accounts of such assignee or trustee shall have been duly settled or confirmed as aforesaid, so far as he shall have acted in the trust, nor unless notice of such application shall have been given to all parties interested, either personally, or by advertisement, in such public newspapers as may be directed by the court, nor until such assignee or trustee, shall have surrendered the trust estate remaining in his hands, to some other assignee or trustee, or cher person appointed by the court to receive the same, and sha!! have performed all such other matters as may be required is equity.

SECTION 23. The several courts having jurisdiction as aforesaid, shall have power to appoint assignees or trustees as aforesaid, in the following cases, viz:

I. When any sole assignee or trustee shall renounce the trust, or refuse to act under, or fully to execute the same: II. When any such assignee or trustee shall die, or be dismissed by the court from the trust, or shall be discharged by the court therefrom:

HI. When one or more of several assignees or trustees, shall renounce or refuse as aforesaid, or shall die, or be dismissed or discharged as aforesaid, and the duties of the trust require the joint act of the trustees:

IV. In any case in which a trust shall have been created, and no person appointed, either by name or by description, to execute the same.

SECTION 24. The power of appointment as aforesaid, may be exercised on the application by bill or petition, of any person interested in the estate or property which is the subject of the trust, and not otherwise, and after due notice to all parties concerned.

SECTION 25. Every assignee and trustee appointed by the court as aforesaid, shall be liable to the same duties, shall have the same powers and authorities in relation to the trust, or to the further execution of the same, as the case may be, and shall be subject to the jurisdiction and control of the court, in the same manner, to all intents and purposes, as his predecessor or predecessors in the trust.

SECTION 26. Upon the appointment by the court of any assignee or trustee as aforesaid, and upon his giving security, if he shall be so required by the authority of law, all the trust

ate, and effects whatsoever, shall forthwith, and without y act or deed, pass to and be vested in such succeeding -ignee or trustee.

SECTION 27. When any assignee or trustee shall have en discharged by the court as aforesaid, from the further ecution of the trust, it shall be lawful for the court to make order that the sureties of such assignee or trustee in any nd, which may have been given by him for the due execuof the trust, shall, upon compliance by such assignee or stee, with all orders of the court in the premises, be scharged from liability for any acts of such assignee or stee after the date of such order.

SECTION 28. It shall be lawful for the court having jurisction as aforesaid, to make such orders and decrees from e to time, for carrying into effect any trusts as aforesaid, her for distribution of monies in the hands of assignees, or stees for the benefit of creditors, or for the payment or ansfer of funds or effects in the hands of other trustees, or herwise, as shall be according to law, or the terms or intent the trust.

SECTION 29. It shall be lawful for any court having ristliction as aforesaid, whenever compensation shall not ve been otherwise provided, to allow such compensation assignees, and other trustees, out of the effects in their nds, for their services, as shall be reasonable and just. SECTION 30. The several courts aforesaid, shall have wer, on the application of the party interested, to compel e conveyance by trustees, of the legal estate, when the 1st has been executed, or has expired.

SECTION $1. It shall be lawful for the court in which the counts of any assignee or trustee as aforesaid, may be hibited, to refer the same to an auditor or auditors, who all be sworn or affirmed, well and truly to audit and adjust e same, and make a true report thereof, according to the idence.

SECTION 32. The several courts of Common Pleas, and ali ditors appointed by them for the purpose of examining the ounts of assignees and trustees aforesaid, shall have power examine such assignees and trustees, upon oath or affirman, touching the execution of the trust, and the said courts all have power to compel the production of any books, pers, or other documents necessary to a just decision of y question before them, or before auditors, as aforesaid. SECTION 33. The several courts of Common Pleas shall ve the same powers and authorities, and the manner of oceeding to obtain the appearance of persons amenable to eir jurisdiction, in cases of trusts, and to compel obedience their orders and decrees, and enforce execution thereof, all be the same as are now by law vested in and provided the several Orphans' courts of this commonwealth.

SEOTION S4. It shall be lawful for any judge issuing a vitation to any assignee or trustee, as herein before provided if the circumstances of the case shall appear to him to require it, to order such citation to be returned to a special court, to be convened for the purpose, in the manner allowed by the laws relating to the Orphans' courts.

SECTION 35. When any assignee or trustee shall remove out of the county in which he resided at the time of his appointment, or of the commencement of the trust, as the case may be, or shall not possess real or personal estate in such county, sufficient to satisfy any order or decree of the court of Common Pleas of such county, it shall be lawful for such court to issue process to the county in which such assignee or trustee may be, or in which he may have any real or personal estate amenable to such process, and such process shall be executed by the sheriff or coroner, as the case may require, of the county in which such assignee of trustee may be, or may have real or personal estate, as aforesaid.

SECTION 36. Any person aggrieved by a definite decres or judgment of any court of Common Pleas, in any case relating to assignees or trustees as aforesaid, may appeal from the same to the Supreme court in the proper district Provided, Such appeal be entered within one year after such decree or judgment, in cases relating to assignees or trustees, for the benefit of creditors, as aforesaid, and within thres years in other cases of trust: And provided also, That in all cases, the party appealing shall first give security, in such sum as the said court of Common Pleas shall direct conditioned to prosecute such appeal with effect, and shall also make oath or affirmation, that such appeal is not intended for delay.

SECTION 37. Nothing in this act shall be so construed, as to impair or effect the powers and jurisdiction conferred by act of assembly on any District court of this commonwealth. NER MIDDLESWARTH,

Speaker of the House of Representatives.

THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The fourteenth day of June, Anno Domini,

one thousand eight hundred and thirty-six.

JOS: RITNER.

No. 176.

An Act

Relating to Bonds, with Penalties and Official Bonds.

TABLE OF CONTENTS.

EOTION 1. In actions upon bonds for a penal sum, for performance of a written agreement, the plaintiff shall ge all the breaches for which damage has accrued, up to time of suit brought, and may take judgment for the lty, and execution for the damages assessed.

Scire facias shall be issued in case of subsequent ches; setting them forth.

Defendant may pay into court the damages and costs, a stay of execution shall then be entered of record. Defendant may pay upon execution, the damages and s, and his body and estate shall then be discharged. But the judgment for the penalty shall remain as a er security.

Bonds given to the commonwealth by public officers, utors, administrators, guardians, committees, assignees, ivers, trustees, &c. may be sued as follows:

The writ shall be issued in the name of the commonwealth, and the names of the persons suing shall be suggested, &c.:

. Persons having several interests, may join in the writ, and declare separately, or join in the declaration, and in the replication, separately allege breaches:

1. Persons not originally party to the writ, may, by suggestion and leave of the court, become party thereto, at any time before judgment.

. The defendants may plead performance of the condition, as it respects the persons suing the writ, or any of them.

. If several join in the writ, and separate issues be taken, they may have separate trials, or all the issues may be tried at the same time, by the same jury.

. The parties to each issue, shall be liable for the costs of the trial thereof.

I. If judgment be given for defendants on ail the issues, it shall not debar any other persons of any right of action therein, or the same plaintiff's of any subsequent cause of action.

II. Judgments against the defendants, shall be entered for the commonwealth, in the amount of the bond, and

for the person giving the writ, in the amount of the damages assessed, and the costs.

IX. Judgment entered for the commonwealth, shall not be a lien unless the commonwealth commenced the action.

X. Judgment for the person suing the writ shall be a lien.

XI. A scire facias may be issued on the judgment, entered for the commonwealth, in case of a breach subsequent thereto, the party suing the writ suggesting his interest in the judgment.

XII. Judgments for the plaintiff in such writ of scire facias, to have like effect as judgments in personal

actions.

XIII. The sureties may pay into court the whole amount of the penalty and costs, and thereupon be discharged, but their discharge shall not affect the liability of their principal.

“An act relative to Bonds, with Penalties and Official Bonds.

1. OF BONDS AND PENALTIES, TO SECURE THE PERFORMANCE OF AGREEMENT IN WRITING.

SEOTION 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 in all actions which shall be brought in any court of record of this commonwealth, upon any bond, or for any penal sum, for the non-performance e any covenant or written agreement, the plaintiff shall assign in his declaration, replication, or otherwise, upon the record. all and singular, the breaches of such covenant or agreement. for which damages shall have accrued, at and before the time of the writ sued out, and thereapon, he shall have judgment for the amount of such bond or penalty, in due course of law, and execution thereof, for such damages as shall be assessed for the breaches of such covenant or agreement. assigned as aforesaid, with costs of suit, and no more.

SECTION 2. In case of any subsequent breach of suck covenant or agreement, it shall be lawful for the plaintif in such judgment, by a writ of scire facias thereon, setting forth such breaches, to assess against the defendant, his heirs, executors, administrators or assigns, such further damages