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No. 148.

AN ACT

Relative to testamentary trustees in the city and 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

whenever. by the provisions of any last will and testament, a trust has Executors may been or shall be declared or created of and concerning any real or per- renounce a trust sonal estate, to be executed by the executor or executors of said last created by will. will, whether by virtue of their said office as executors or otherwise, it shall and may be lawful for the said executor or executors, to renounce or resign the said trust, without in any way affecting or destroying their office and trust as executors generally, or any other trust vested in them by the said will; and upon such renunciation, resignation or refusal by the said executors to act in the said trust, it shall and may be lawful for the orphans' court of the proper county, upon the application of any person interested, to appoint a trustee or trustees in the place or stead Court may apof those who may have renounced, resigned or refused to act as afore. point trustees. said; and also a successor or successors to such trustee or trustees, from time to time, if by death, resignation or otherwise, the same shall be necessary or expedient, in all which cases the trustee or trustees, so appointed, shall have the same estate, power and interest in the premises in trust, as the executor or executors would have had in case he or they had not resigned, refused to act or renounced the same, either by the common law or by any act of assembly of this commonwealth : Provided, That this act shall only extend to the city and county of Philadelphia.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

Speaker of the Senate.

APPROVED-The third day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

Forgery of private stamp, pun

ished.

ed with false

No. 149.

AN ACT

To punish and prevent frauds in the use of false stamps and labels.

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 every person who shall knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited, upon any goods, wares or merchandize, the private stamps or labels of any mechanic or manufacturer, with intent to defraud the purchasers or manufacturers of any goods, wares or merchandize whatsoever, upon conviction thereof, shall be punished by imprisonment in a county jail for a term not exceeding six months, or by a fine of not less than one nor more than three hundred dollars.

SECTION 2. That any person who shall sell any goods, wares or Penalty for selling bonds, knowing merchandize, having thereon any forged or counterfeit stamps or labels, them to be stamp- purporting to be the stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without diclosing the fact to the purchaser, shall, on conviction, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail, not exceeding six months, or by fine not exceeding one hundred dollars. SECTION 3. That this act shall take effect from and after the first day of July, eighteen hundred and forty-seven.

stamps.

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APPROVED-The third day of March one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

No. 150.

AN ACT

To alter the road laws in the township of Lenox, in the county of Susquehanna, 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

from and after the passage of this act, the supervisors of the township Act to take effect. of Lenox, in the county of Susquehanna, are authorized and required, Supervisors to dibefore the first day of April, in each year, to divide said township into vide township a convenient number of road districts, not to exceed fourteen, in such into districts. manner as to assign to each district a fair proportion of the public roads, according to the amount of road tax assessed in the respective district, and to furnish the road master in each district with the boundaries of his district, and a list of the taxables therein, together with the amount of tax to be paid by each.

ter.

SECTION 2. From and after the passage of this act, the qualified Elect road masvoters of said township may, at the election for township officers, elect by ballot, one person for road master in each road district in said township; and the road masters so elected, shall hold their office for one year: Provided further. That in case of refusal or neglect to elect the Proviso. said road masters, the supervisors of the said township have authority to appoint the same; or if vacancy shall occur from any other cause, the said supervisors shall fill such vacancy by appointment, until the next township election.

SECTION 3. The said road masters shall notify, by at least two days' Give notice of the notice, each person named in his duplicate, of the time and place he time of repairs. intends to work on said roads; and if the person so notified, neglects

or refuses to work as directed, such delinquent shall be returned, as soon as the road master may think proper, to the said supervisors, who shall issue their warrant for the collection of the tax of said delinquent, as they are required to do under the existing laws.

SECTION 4. The said road masters are hereby required to have the road tax in their respective districts worked out, as soon as may be after they receive their duplicates from the supervisors, but not later than the first day of September, except unavoidable repairs or the cutting out of new roads; and they shall annually, in the month of January of each year, meet with the said supervisors, at a time and place to be fixed upon by said supervisors, and settle their respective accounts; and any failure on the part of said road master to settle or to work out their taxes, as above stated, shall subject those neglecting to a fine of fifteen dollars, to be recovered as other fines of equal amount are by law recoverable, before a justice of the peace, at the suit of the proper treasurer of the township, on complaint made by the supervisors to said

treasurer.

Road tax to be

worked out.

SECTION 5. The taxables of any road district shall not be required to Taxables limited go out of their respective districts for the purpose of making or im- to their districts. proving any road in said township; but in case of damage or destruction

of any bridge in said township, the expense of repairing or rebuilding which would be too heavy and burthensome upon the inhabitants of the

Compensation.

be conducted.

district in which said bridge may be situate, then the inhabitants of the districts nearest thereto shall aid in rebuilding said bridge.

SECTION 6. The compensation of said supervisors shall not exceed one dollar per day; and the said supervisors shall not be paid for more than five days, in each year, for services rendered in and about the business of the said roads in said township; and the road master of the several districts shall, to the amount of their respective road tax, be allowed the same daily pay as laboring hands receive on the highways, but the said road masters shall receive no other compensation than their respective road taxes.

SECTION 7. It shall be the duty of the officers of the election in said Election, how to township, to provide a separate box for each district, for the electors of each district of said township to deposit their votes therein; but no elector shall vote more than one person for road master. When election is closed, the officers thereof shall make return of the election of said road masters to the clerk of said township, who shall truly enter said return in the records of said township.

Repeal.

Act relative to

path masters in

Choconut and

SECTION 8. The existing road laws, so far as they are supplied or altered by this act, are hereby repealed in the aforesaid township of Lenox.

SECTION 9. That so much of the act, entitled "An Act relating to path masters in the township of Choconut and Middletown, in the county of Susquehanna," passed the eighteenth of March, eighteen Middletown, Sus- hundred and forty-six, as relates to the township of Middletown, in said quehanna county, county, be and the same is hereby repealed.

repealed.

SECTION 10. That all the provisions of an act, entitled "An Act for Duties of town-regulating and maintaining line fences, and for other purposes," passed ship auditors con- the eleventh day of March, eighteen hundred and forty two, relating to ferred upon borough auditors, township auditors, imposing upon them the duties of fence viewers, be as regards fence and the same is hereby extended to borough auditors. viewing.

JAMES COOPER, Speaker of the House of Representatives.

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APPROVED-The third day of March, one thousand eight hundred

and forty-seven.

FRS. R. SHUNK.

Preamble.

No. 151.

AN ACT

To confer certain authority upon the commissioners of Columbia county.

WHEREAS, During the construction of the county buildings at Bloomsburg, in the county of Columbia, it was recommended to the building committee by the county commissioners and many other disinterested citizens, that fire proofs and other extra work, deemed expedient and advisable, should be constructed while said buildings were being erected:

And whereas, It is but just and proper that the county should contribute for a portion of such extra work, which, by the act of twentyfourth of February, eighteen hundred and forty-five, the citizens of Bloomsburg were not bound to construct; therefore,

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 commissioners of Columbia county are hereby authorized to appro- Commissioners to priate, out of the county funds of said county, a sum of money, not appropriate cerexceeding twenty-five hundred dollars, to pay for the fire proofs and tain funds to pay other extra work in and about the new public buildings in Bloomsburg, for fire proofs, and for furnishing the same: Provided, That no part of the said sum so appropriated shall be paid out of the county treasury before the acceptance of the said buildings for public use.

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APPROVED-The third day of March, one thousand eight hundred

&c.

and forty-seven.

FRS. R. SHUNK.

No. 152.

AN ACT

Relating to the claim of John Gest against 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 it shall be the duty of the county board of Philadelphia county, to investigate the claim of John Gest against said county, for extra services performed by him whilst occupying the office and discharging the duties of register of wills of said county; and if they shall find anything due said John Gest, they shall have the power of appropriating a sufficient amount to satisfy his claim; the money so appropriated to be paid out of the treasury of said county.

JAMES COOPER,

Speaker of the House of Representatives.

CH. GIBBONS,

APPROVED-The third day of March, one thousand eight hundred

and forty-seven.

Speaker of the Senate.

FRS. R. SHUNK.

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