No. 335. AN ACT To authorize the administrators of John Dreisbach, late of Luzerne county, deceased, to sell certain real estate, 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 the administrators of John Dreisbach, late of Newport township, Lu- Administrators of zerne county, Pennsylvania, deceased, be and they are hereby authori- John Dreisbach, zed to make private sale of the real estate of the said decedent, situated, to sell real estate. lying and being in said Newport township, to apply so much of the proceeds as may be necessary to pay the debts of the decedent, and with the residue to purchase certain timber lands adjoining those owned by the decedent, in the township of Dorrance, in said county, said purchase to cover four hundred and fifty acres, or thereabouts, the title to the same to be made to the children and widow of the said John Dreisbach, to be held and enjoyed by them, and to be subject to the same rules and laws as though the said John had died seized thereof; that reports of the sale and purchase, as aforesaid, shall be filed in the orphans' court of said county, and before the said court shall confirm and approve the same, a day shall be fixed, and notice thereof shall be given to said widow and the children that are of age, and to the guardians of such as shall be minors, to shew cause, if any they have, against said sale and purchase; if no objections are made, the court may then confirm and approve the sale and purchase, or they may disapprove the same; if objections are made, they may proceed to enquire into the premises, and dispose of the matter as aforesaid; upon the confirmation of said sale and approval of said purchase, the said administrators shall make and execute a title, which shall be as binding and effectual in law, as though the same had been sold at public sale, by order of the orphans' court, and by them confirmed: Provided, That before such sale shall Proviso. be made, the said administrators shall execute a bond to the commonwealth, for the use of the persons interested, with such sureties, and in such penalty, as the orphans' court of said county shall approve, conditioned for the faithful appropriation of the proceeds of said sale, as herein provided: And provided also, That no such sale or purchase shall be made, unless the said court shall be of opinion that the same will be advantageous to the children of the said decedent, and shall first prescribe the terms and conditions thereof. SECTION 2. That upon the petition of Dr. Samuel Heister, surviving Executor of Joh executor of the last will and testament of John Heister, late of Mont- Heister, re-settle gomery county, deceased, in the nature of a bill of review, specifying ment of accoun the items and the nature and amount with which the said executor has of. been made liable, by a recent decision or decree of the supreme court of this commonwealth, upon the final settlement of his accounts as executor aforesaid, and the items of credit, and their nature and amount, to which he may think himself entitled, which were not allowed under said decree, and the grounds of such claim, verified by oath or affirmation, the said court are hereby authorized and required to open the said decree, upon the said final settlement, and grant a re-hearing in full Proviso. Re-conveyance of real estate to John H. Cressler. court, upon the matters contained in the exceptions filed by the accountant to the report made by Thomas T. Wharton, upon said final settlement, and the other matters specified in such petition, or make such other order in the premises as will enable the said accountant to have a re-hearing upon said matters, to obtain such relief as equity and justice may require, and after such re-hearing, the said court shall make such decree as may be legal and just; and all proceedings in relation to the distribution of the balance in the hands of said executor, according to the above mentioned decree, are hereby expressly suspended and stayed until another decree shall be made, after a re-hearing of the matters above mentioned; and the orphans' court of Montgomery county, to which the record and proceedings of the supreme court in the above matter was remitted, for distribution of said estate, shall, upon the application of the said executor, direct the said record and the remittitur to be returned to the office of the prothonotary of the supreme court immediately, for proceeding thereon as above mentioned: Provided. That the costs upon said petition and re-hearing shall be paid by the said accountant. SECTION 3. WHEREAS, John H. Cressler and Elizabeth, his wife, did, by deed bearing date the twenty-first day of January, one thousand eight hundred and forty-three, and recorded in the office for recording deeds of the county of Franklin, in record book, volume nineteen, page one hundred and fifty, et cetera, convey certain real estate therein particularly described, situate in Southampton township, in the county aforesaid, in trust for the use of the said Elizabeth Cressler and Catharine Cressler, Elizabeth Cressler, Daniel Cressler, Matilda Cressler and Victoria Cressler, children of the said John H. Cressler and the said Elizabeth, his wife: And whereas, The said John H. Cressler is desirous of having the said real estate re-conveyed to him, and the said Michael Cressler and Alexander Stewart are willing so to re-convey the same Therefore, be it enacted, That the said Michael Cressler and Alexander Stewart, be and they are hereby authorized and empowered, to re-convey to the said John H. Cressler the said real estate, in fee simple: Provided, however, That such conveyance shall not be made unless the said Elizabeth Cressler, wife of the said John H. Cressler, shall, upon an examination, separate and apart from her said husband, before a judge of some court of common pleas or justice of the peace, of this commonwealth, consent to the same; which said acknowledgment shall be taken by said judge or justice of the peace, and a certificate of the same entered upon said deed of conveyance. JAMES ROSS SNOWDEN, Speaker of the House of Representatives. WILLIAM P. WILCOX, Speaker of the Senate. APPROVED-The twenty-ninth day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. No. 336. A FURTHER SUPPLEMENT To the act, entitled "An Act for the relief and employment of the poor for the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn." 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 loans. for the purpose of paying off the loans contracted by "the guardians Guardians of poor for the relief and employment of the poor for the city of Philadelphia, of Philadelphia the district of Southwark, and the townships of the Northern Liberties county, contract and Penn," in pursuance of the act to which this is a further supplement, passed fifth of March, one thousand eight hundred and twentyeight, and the supplement thereto passed tenth day of February, one thousand eight hundred and thirty-two, that it shall and may be lawful, and said guardians of the poor are hereby authorized and invested with full power, when, and as often as the said loans or any of them shall become due and payable, to contract for, and upon the faith of the said corporation of the guardians of the poor, any loan or loans, for such amount or amounts as may be necessary for said purpose; and all the provisions of the eleventh section of the act of fifth of March, one thousand eight hundred and twenty-eight, as to the rate of interest, issuing certificates of a transferable nature, and keeping books for that purpose, are hereby extended and declared to apply to the loans that may be created by virtue hereof; and the holders of said loans hereby authorized, shall, in addition to the faith of said corporation, have a lien upon all the property purchased, and buildings erected, in pursuance of the act to which this is a supplement, which said lien shall extend equally to and amongst all who may become lenders under this act, and their assigns. SECTION 2. That the said guardians of the poor be and they are Extinguishment hereby authorized and directed, when and as often as any of the said of loans. loans heretofore contracted, or that may hereafter be contracted by virtue of this act, shall become due and payable, and any of the said loans, or any part or portion of them, or any of them, shall be paid or extinguished by or out of the moneys now, or that hereafter may be in their possession, and by the said act and supplement or hereby appropriated to the payment and extinguishment of said loans half yearly, to set apart, out of the taxes collected for the relief and employment of the poor, and invest in good and sufficient security, according to their discretion, a sum or sums of money equal to the half yearly interest on the loan or loans so paid and extinguished, and the interest accruing from said investments again so to invest, and to appropriate said sum or sums of money, and interest arising therefrom, to the payment and extinguishment of the said loans heretofore contracted, and that may hereafter be contracted by virtue of this act. JAMES ROSS SNOWDEN, Speaker of the Senate. APPROVED-The twenty-ninth day of April, one thousand eight hun dred and forty-four. DAVID R. PORTER. tate. Directors' election. No. 337. AN ACT To provide for the erection of a house for the employment and support of the poor in the county of Juniata, 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 Commissioners. Hugh Hart, John M'Minn and Samuel Pennybaker, be and hereby are appointed commissioners, whose duty it shall be, or a majority of them, on or before the first day of January, Anno Domini, eighteen hundred Purchase real es- and forty-six, to determine upon and purchase such real estate as they shall deem necessary for the accommodation of the poor of Juniata county; and it shall be lawful for said commissioners, or a majority of them, to take conveyances there for in the name and for the use of the corporation mentioned in the third section of this act, and they shall certify their proceedings therein, under their hands and seals, to the clerk of the court of quarter sessions of the county of Juniata, to be filed in his office; and at the next general election, the qualified electors of Juniata county shall elect three reputable citizens of the said county to be directors of the poor and of the house of employment for the county of Juniata, for the ensuing year; and the judges of the election of said county shall immediately, on receiving the returns from the several election districts, and casting up the number of votes therein, or within three days thereafter, certify under their hands and seals the names of the persons so elected directors, to the clerk of the court of quarter sessions of the said county, who shall file the said certificate in his office, and forthwith give notice in writing to the said directors of their being elected; and the said director, who shall receive the highest number of votes shall serve three years, and the said director who shall receive the second highest number of votes shall serve two years, and the said director having the next highest number of votes shall serve but one year; so that those who shall be chosen after the first election, and in the mode above described, may serve for three years, and onethird shall be chosen annually: and the said directors shall meet at the court house to transact business, on the first Monday of November ensuing their election. Meeting. Oath. Penalty for refusal to take oath. SECTION 2. Every director elected in manner aforesaid, or appointed as is directed by the eleventh section of this act, shall, within ten days after he is notified of such election or appointment, and before he enters upon the duties of the said office, take an oath or affirmation, which shall be filed in the office of the clerk of the court of quarter sessions. which any justice of the peace of the said county is hereby authorized to administer, that he will discharge the duties of the office of director of the poor for the said county, truly, faithfully and impartially, to the best of his knowledge and ability; and in case of neglect or refusal to take the said oath or affirmation within the time aforesaid, he shall forfeit and pay the sum of ten dollars for the use of the poor of said county. which fine shall be recovered by the directors for the time being, as debts are or shall be by law recoverable; and the directors qualified as aforesaid, are hereby authorized to administer an oath or affirmation, in any case when it shall be necessary in relation to the duties of their office. SECTION 3. The said directors shall forever hereafter, in name and in fact be one body politic and corporate in law, to all intents and purposes, whatsoever, relative to the poor of the county of Juniata, and shall have perpetual succession, and may sue and be sued, plead and be impleaded, by the name, style and title of the directors of the poor and Name. of the house of employment for the county of Juniata; and by that name shall, and may receive, take and hold, any lands, tenements and hereditaments, not exceeding the yearly value of ten thousand dollars; Annual income. and any goods and chattels, whatsoever, of the gift, alienation or bequest, of any person or persons, whatsoever; to purchase, take and hold, any lands and tenements within their county, in fee simple or otherwise, and erect suitable buildings for the reception, use and accom- Erect buildings. modation of the poor of said county; to provide all things necessary for the lodging, maintenance and employment of said poor; to appoint a treasurer annually, who shall give bond with full and sufficient surety, Treasurer. and at pleasure remove, a steward or stewards, matron or matrons, Stewards, &c. SECTION 4. The said directors, as soon as may be after their election Estimate expense and organization, as aforesaid, shall make an estimate of the probable of lands, &c. expense of purchasing the lands and building, or erecting the necessary building or buildings, and furnishing the same, and maintaining the poor within the said county for one year, whereupon, the county commissioners of the said county, shall, and they are hereby authorized and required to increase the county tax by one-fourth part of the sum neces- Tax. sary for the purpose aforesaid, and shall procure on loan on the credit of Loan. the taxes herein directed to be levied, the remaining three-fourths thereof, to be paid in instalments with interest, out of the county taxes: Provided always, That not more than one-fourth of the whole amount Proviso. of the sum necessary for the purpose aforesaid shall be added to the county tax, annually thereafter, to be paid by the county treasurer, to the directors aforesaid, on orders drawn in their favor, by the county commissioners, as the same may be found necessary. SECTION 5. It shall be the duty of the said directors, on or before the Estimate of exfirst day of November, in each and every year, after the poor house pense of poor. shall have been completed, to furnish the commissioners of said county, with an estimate of the probable expense of the poor and poor house, for one year; and it shall be the duty of said commissioners to assess |