History: 1808-1809: Genealogical Data contained in the Statutes at Large, Commonwealth of PA ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Vi. P. Limric vi35@localnet.com ************************************************ LAWS PASSED SESSION 1808/09 HARRISBURG, PA. SIMON SNYDER, Governor JAMES ENGLE, Speaker of the House of Representatives P.C. LANE, Speaker of the Senate. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania. In General Assembly met and is hereby enacted by the Authority of the Same. 1. A supplement to an act to raise a sum, by lottery, to cutivate Vines Association and for erecting a school house. Whereas the president and managers for the cultivation of Vines in PA, RICHARD SMITH, MAJOR ANTHONY SIMMONDS, JOHN GOODWIN, PETER CHRISTIAN, ROBERT BETHEL, BENJAMIN S. BARTON, M.D., and JAMES VANUXEM, were named commissioners in act dated 31 Mar 1806 and have declined the duty, therefore, HUGH FERGUSON, JOSEPH DONATH, SIMON CHAUDRON and WILLIAM RUSH of the city of Philadelphia, and WILLIAM WEST and ISAAC WORREL, of the county of Philadelphia, are hereby appointed commissioners in the room and stead mentioned prior. 23 Dec 1808. 3. An act to enable administrators to convey lots of ground. Whereas HENRY LENNOX SHEPPERD, late of the county of Westmoreland, dec., was owner of a tract of land containing 50 1/2 acres, situate in South Huntingdon twp., adjoining the land of EZEKIEL SAMPLE ESQ., NATHAN SMITH, PHILIP REAGAN and others, did convey to sundry persons, several lots of ground of the tract, of which there is no written evidence, therefore, LENOX SHEPPERD and PHEBE SHEPPERD, administrators are hereby authorized to convey by deed to the purchasers the lots where it appears the purchase money has been duly paid. 16 Jan 1809. 4. An act authorizing THOMAS M'KEAN THOMPSON to sell and convey, a interest in a tract of donation land. JOHN HALSTED and EDWARD J. BALL, stated that ELBERT H. HALSTED, late of the borough of Lancaster died intestate, without issue, being seized of a tract of donation land situate in Mercer county, #750, in the fourth donation district, containing 200 acres, leaving at the time of his death a father, John Halsted, who by intestate laws became entitled to a life estate, and JOHN J. HALSTED and ANTHONY HALSTEAD, minors and sons of John Halsted dec., a brother of Elbert H. Halsted and JOHN HALSTEAD BALL, a minor son of Edward J. Ball, by SUSAN BALL his wife, late deceased, who was a sister of Elbert H. Halsted, MATTHIAS HALSTEAD, the brother and ALLETTA THOMPSON, the wife of THOMAS M. THOMPSON, ELIZABETH CALDWELL, the wife of ALEXANDER CALDWELL and JONNA W. HALSTED, the three sisters of Elbert H. Halsted, in whom the remainder of the estate in the tract of land after the determination of the life estate is vested, that the tract of land is uncultivated and liable to taxation, and cannot be improved or divided, and the heirs have requested the sale, and it appears John Halsted has released and surrendered his life estate to the tract to his children and grandchildren, therefore, Thomas M'Kean Thompson, is hereby authorized to sell and convey the share of John J. Halsted and Andrew Halsted and John Halsted Ball, which became vested in them by the decease of their uncle Elbert H. Halsted, intestate, unmarried and without issue. 24 Jan 1809. 5. An act for the relief of CASPER SHAFFNER. Whereas Casper Shaffner, of the borough of Lancaster, is possessed in his own right of a new loan certificate, issued under the act of 1 Mar 1786, for 69 pounds, 14 shillings, #6756, which was redeemable by law, and until lately was mislaid and supposed lost, so that he received no compensation, therefore, upon delivery of the certificate, and the governor is hereby authorized to draw a warrant for the sum of $310.00 to be paid Casper Shaffner. 24 Jan 1809. 6. An act to amend an act. That the annuity of forty dollars granted THOMAS SNOWDEN, passed 21 Mar 1808, be payable half yearly. 4 Feb 1809. 7. An act dissolving the marriage of JOHN M'CLELLEN and MARGARET M'CLELLEN his wife. Whereas by petition of Margaret M'Clellen, of the city of Philadelphia, that she was lawfully joined in marriage with John M'Clellen, on 7 Jul 1796, and lived with him from that time until 31 Jan 1807, and as John possessed a severe, cruel and tyrannical disposition, which at length grew so ungovernable and savage, that he used the greatest cruelties in beating and abusing the person of his wife Margaret M'Clellen, and she has always maintained a good and reputible character, therefore, the marriage contract between John and Margaret M'Clellen is hereby declared null and void and the parties released from all duties as fully as if they had never been joined in marriage, but nothing contained herein shall be construed to render illegitimate any children born of the body of Margaret during her coverture. 4 Feb 1809. 9. An act vesting title to a small piece of land in Hempfield twp., Westmoreland county, for the use of a school. That the officers of the land office are hereby authorized to issue a warrant and complete a title clear of purchase money and office fees, for a piece of land, containing 14 acres, adjoining lands of GEORGE COPE and MICHAEL MATHIAS, unto CHRISTIAN ARRETT, ABRAHAM RITTER and HENRY SNYDER, in trust, for the sole use of schools. 8 Feb 1809. 11. An act authorizing GEORGE BRYAN to sell and convey a lot. Whereas SARAH BRYAN is seized of an unimproved lot of ground in the borough of Pittsburgh, and is rendered incapable to contract for the sale of the same, and as the ground is unproductive, the immediate interest of Sarah requires it be sold and proceeds applied to her use, and the persons who in the event of her death would be entitled to the lot have by deed empowered George Bryan of the borough of Lancaster, to sell and convey title to a purchaser, therefore, George Bryan, is hereby authorized to sell and convey to the purchaser the lot #48, bounded by Penn street. 8 Feb 1809. 14. An act to amend an act. That the annuity of forty dollars granted by the act dated 28 Mar 1808 to EDWARD CAVANOUGH, be paid half yearly. 14 Feb 1809. 16. An act to convey a lot of ground, situate in the city of Philadelphia. Whereas the Grand Lodge of PA, owns a lot situate on Twelfth and Walnut streets, bounded by ground now or late of JOSEPH DEAN, which was given to the Lodge by Joseph Dean, a member, and afterwards by the commissioners of bankruptcy of Joseph Dean, sold and conveyed to JOHN R. SMITH, and he by indenture dated 5 Mar 1792, granted and conveyed unto JOHNATHAN BAYARD SMITH, JOSEPH FEW, THOMAS PROCTOR, GRAVIN HAMILTON and PETER LE BARBIER DUPLESSIS, as joint tenants, and they by declaration of trust dated 25 Jun 1792, did acknowledge and declare the lot was held in trust for the use of the Grand Lodge, that Joseph Few and Thomas Procter, have departed this life, and title remains in the surviving trustees, therefore, the surviving trustees are hereby authorized to grant and convey to a purchaser the lot free of the trust. 23 Feb 1809. 17. An act for the relief of heirs. Whereas FREDERICK VERNON, late a major in the United States army, did receive a patent for a tract of donation land of 300 acres, in the 10th donation district, which lies within the state of New York, and it appears there is not one tract of 300 acres remaining undrawn in the land office assigned to the officers and soldiers in the PA line, assigned to replace lots which fell in New York, therefore, the heirs of Frederick Vernon dec., are hereby authorized to draw a lot of donation land within the 10th district of 300 acres, provided the heirs first release the patent formerly granted to Frederick Vernon, for the lot which fell within the state of New York. 23 Feb 1809. 20. An act to enable VICTOR MOREAU to hold a tract of land by him purchased. Whereas General Victor Moreau has for several years past resided in the United States, and now intends to fix his residence in Pennsylvania, and for that purpose he contracted to purchase an estate in the borough of Morrisville, on the banks of the river Delaware, in Bucks county, opposite Trenton, and at the time of making this contract was not informed that owing to his being an alien, his title would be defective, therefore, General Victor Moreau, is hereby enabled to have and hold his estate for which he contracted to purchase, as fully as if he had been a citizen of Pennsylvania at the time of making the contract, and all claim of the commonwealth by reason of any escheat, is hereby released. 23 Feb 1809. 21. An act authorizing conveyance of land. Whereas PETER SHOEMAKER, late of Cocalico twp., Lancaster county, by his last will and testament dated 25 Sep 1771, did devise unto JACOB SENSEMEN, LUDWICK HACKER, JACOB EICKER, BENJAMIN BOWMAN and PETER FAHNSTICK, a tract of land containing 200 acres, in trust, for the use, benefit and maintenance of the christian people of Ephrata, and whereas the succeeding trustees appointed, together with Benjamin Bowman, the only surviving original trustee, state that there are now remaining in communion at Ephrata, but one brother and five sisters, who are aged and infirm, and require immediate relief, and have desired to be sold 150 acres and apply the proceeds to the immediate relief and future benefit of them, as the maintenance of the christian people was the principal intention of Peter Shoemaker, the devisor, therefore, JACOB KIMMEL and ABRAHAM KONIGMACHER, of Cocalico twp., are hereby authorized to sell and convey to the purchaser 150 acres, bounded by lands of FREDERICK GARRET, JOSEPH MISHLER, JOHN BUCHER, and others, and to apply proceeds for the immediate relief of the surviving brother and five sisters during their natural lives. 23 Feb 1809. 22. An act confirming title to certain lands. Whereas MANNING MARTAIN, of Washington county, is a native of Ireland, and arrived in this state 24 Aug 1784, with an intention of residing therein, and on 13 Dec 1798, he purchased 206 of land of JAMES STEVENSON, situate on the waters of Buffaloe creek in Finly twp., Washington county, and bounded by lands of James Stevenson and received a poll deed on a warrant for the land, granted to James Stevenson, dated 13 Jul 1786, on which a survey was made and a patent issued in the name of MANNING MARTAIN, dated 9 Apr 1799, wherefore, all the described tract of land, with appurtenances, shall remain as firm and valid in law as if Manning Martain had previously taken and subscribed a declaration of his intention to become a citizen of the United States. 23 Feb 1809. 23. An act to enable administrators to convey lots of ground. Whereas BASIL BROWN, late of Fayette county, dec., owner and proprietor of the town of Brownsville, did sell and contract of convey to sundry persons, several lots in and near the town, of which there is no written evidence, therefore, Basil Brown and WILKS BROWN, administrators are hereby authorized by deed to convey to the purchasers or heirs of purchasers any lot in the town of Brownsville. 23 Feb 1809. 24. An act to change a name. Whereas LEWIS DORLEANS of the city of Philadelphia, that by the permission of LEWIS EMERY, has deemed it expedient to change his name from Lewis Dorleans to Lewis Emery, therefore, henceforth Lewis Dorleans shall be called Lewis Emery and be capable in law as he was by his former name. 23 Feb 1809. 25. An act to incorporate a company to make a road from the north end of George street, York borough, to the Canal Ferry on the river Susquehanna, to the head of the Conewago falls. That THOMAS W. FRANCIS, JOHN GRIER, YOST HARBACH, ROBERT JONES, JACOB LOUX, PATRICK M'FARLAND, CALEB KIRK, PHILIP FREDERICK and DAVID CASSATT, are hereby appointed commissioners. 2 Mar 1809. 30. An act to empower executors to execute a deed of conveyance, for a quarter lot of ground in the borough of Pittsburgh. Whereas WILLIAM PORTER, late of the borugh of Pittsburgh, dec., did by a parole contract, agreed with GEORGE WALLACE of Pitt twp., Allegheny county, that William Porter should exchange an undivided fourth part of lot, #218 by Wood street, for an undivided fourth part of lot #219, bounded by Front street, and that George Wallace should pay to William Porter, the sum of $80.00 as a difference in the value of the pieces of land, and would be to the advantage of the minor heirs of William Porter, therefore ANTHONY BEELEN, ALEXANDER M'LAUGHLIN and ZECHARIAH A. TANNEHILL, executors of the last will and testament of William Porter are hereby authorized to execute a deed of conveyance to George Wallace, and he shall execute a deed to some responsible person, in trust, for the sole use and benefit of the minor children of William Porter. 11 Mar 1809. 37. An act for making a road from the Philadephia and Lancaster Turnpike road, between the 23 mile stone and the Admiral Warren tavern, to a point where the Reading road intersects the Morgantown road, to the west of Jones Tavern in Berks county. That MICHAEL GUNCKLE, ISAIAH KIRK, REES JOHN, JOHN SMITH, SAMUEL LAVERTY, THOMAS BULL, DOCTOR JAMES M'FARLAND, JAMES HARRIS, JOHN HARRIS and COL. WILLIAM HARRIS, are hereby appointed commissioners. 16 Mar 1809. 38. An act to incorporate the Marine Insurance Company of Philadelphia. That JOHN LEAMY, HENRY ORTH, EDWARD RUSSEL, WILLIAM MARIS, WILLIAM BROWN, WILLIAM BETHEL, J.W. CLEMENT, DAVID WALKER, EDWARD TILGHMAN JR., ABRAHAM PIESCH, JAMES L. CUTHBERT, THOMAS HARPER, GEORGE SMITH, THOMAS KETLAND, REEVE LEWIS, and WILLIAM S. WILLING, shall be the present directors. 17 Mar 1809. 40. An act to authorize the guardians of the person and estate of DOCTOR JOHN HOUSTON, of the county of Lancaster, to sell and convey lands. Whereas Doctor John Houston, of Lancaster county, has for some time been totally deprived of his reason and understanding, and thereby rendered incapable of taking care of himself or managing his affairs, and has been declared to be a lunatic, or non compos mentis, by the court, and his wife SUSANNA HOUSTON, and son JAMES HOUSTON, together with JAMES WRIGHT, appointed guardians of his person and estate, and whereas it appears Doctor John Houston did, before his insanity, enter into an article of agreement with JAMES KARSKADON, for the sale of a tract of land, containing 150 acres, situated in the first fork of Simimahoning creek, Lycoming county, and whereas the estate of Doctor John Houston is unproductive and his wife has requested permission to sell and convey lands in York county, to enable her to support her husband, and to educate and support her younger children, therefore, the guardians of the person and estate of Doctor John Houston, are hereby authorized by deed to convey to James Karskadon, all the right and title to a plantation or tract of land situate in Lycoming county, containing 150 acres, and to sell and convey to the purchasers a piece of land in Hellam twp., York county, containing 50 acres, bounded by lands late of JAMES EWING, dec., other lands of Doctor John Houston, lands of PATIENCE WRIGHT, and the river Susquehanna, and to make deeds for the same to the purchasers. 17 Mar 1809. 41. A supplement to an act to incorporate a company to make a road from the town of Hanover, York county, to the Maryland line. That the president, managers and company of the Hanover and Maryland road, are hereby authorized to extend the turnpike road through the town of Hanover, to the west end of ROBERT OWENS' house. 17 Mar 1809. 42. An act to incorporate a company for erecting a permanent bridge over the river Schuylkill, opposite the Flat Rock, Philadelphia county. That LEWIS RUSH, BENJAMIN SMICK, JOSEPH STARNE, CONRAD KRICKBAUM, GEORGE CROW and CHRISTOPHER HEIDRICK, are hereby appointed commissioners. 22 Mar 1809. 43. An act granting an annuity to JOHN M'DOWEL. Whereas John M'Dowel enlisted in 1776, in the company of CAPTAIN MOSES M'CLEAN of York county, for one year, and marched with him to Canada, and was in the battle of the Three Rivers, under GENERAL THOMPSON, and a few days after the battle, he and others, with his captain, were taken prisoners by the Indians and sent to Montreal, where they were sold to the British who permitted him to return home in company with his captain on parole. And it appears that he again enlisted in 1777, for three years, in the company of CAPTAIN GEORGE BUSH, of the 11th PA regiment, commanded by LIEUTENANT COLONEL HARTLEY, that on the campaign against the Indians, under GENERAL SULLIVAN, in 1779, on 13 Aug, being a scouting party under the direction of Captain Bush, in a skirmish with a party of Indians, he received a wound by a ball, which passed through his body, which rendered him unfit for service, in consequence of which his captain gave him an unlimited furlough to return home, and he is now old and unable to support himself and family by hard labor, in consequence of the wounds received while in the service of his county, therefore, the sum of forty dollars is hereby granted to John M'Dowel, to be paid immediately, and an annuity of forty dollars be granted for the use of John M'Dowell, to be paid half yearly to ALEXANDER M'CLEAN, of Fayette county, to commence from 1 Jan 1809, to provide clothing, lodging and diet for John M'Dowel. 22 Mar 1809. 44. An act to appoint commissioners for the purpose of laying a road from the Strasburgh road, near JOHN G. PARKE's house, Chester county, by _____ M'CALL's ferry, on the Susquehanna to the Maryland line, in line towards the city of Washington, and also a road from the intersection of Marlborough street and Newport road, to intersect the above road near M'Call's ferry. 22 Mar 1809. 45. An act authorizing JOHN SHARP, acting administrator of JOHN SUTTON, dec., to make and execute titles to land. Whereas John Sutton, late of the county of Beaver, dec., did contract with WILLIAM WILSON, of Big Beaver twp., to sell to him 100 acres for the sum 100 pounds, the greater part was paid to John Sutton, and John Sutton did also contract and sell to JOSHUA BEER, 24 1/2 acres, for the price of $196.00, the greater part was likewise paid to John Sutton, and afterwards he died intestate, not having executed any title to William Wilson and Joshua Beer, for the land, and there being no written evidence of the contracts, therefore, upon due proof, John Sharp, administrator of the estate of John Sutton, dec., is hereby authorized to execute to them deeds for the land contracted by them. 22 Mar 1809. 47. An act granting a sum to CATHARINE SHIBE for services rendered by her late husband in the revolutionary war. Whereas MATTHIAS SHIBE, late of Lancaster county, dec., served as a soldier in the late revolutionary war, and that for six months service which he served in CAPTAIN ROMAN's company, in 1776, neither the petitioner nor his family have received any compensation, and as the petitioner is aged and infirm, therefore, the state treasurer is hereby authorized to pay Catharine Shibe, widow of Matthias Shibe, dec., the sum of forty dollars. 23 Mar 1809. 49. An act granting privileges to JONATHAN GROUT. Whereas Jonathan Grout has erected a line of telegraphs from Philadelphia to Port Penn, in the state of Delaware for the purpose of transmitting the earliest possible intelligence from the Delaware Bay to Philadelphia, and vice versa, that the south half of Reedy Island at the head of the Delaware Bay, owned by the commonwealth, is so situtated that if a telegraph were erected thereon, its position would ensure an earlier conveyance of intelligence, that it will conduce to the extension of the line to the capes of the Delaware Bay, therefore, the use of that part of Reedy Island, the property of this commonwealth is hereby granted unto Jonathan Grout, a citizen of the United States, as a telegraphic station. 24 Mar 1809. 50. An act authorizing a loan of money from the state to WILLIAM M'DERMETT. Whereas William M'Dermett, of Bedford county, has erected works for the converting iron into steel, and has succeeded in making steel, which is supposed to be of as good a quality as any imported from Europe, but not possessing a capital sufficient to enable him to carry on the works, and to furnish supplies of that article adequate to the demands of the market, to foster our own manufactures, and to render ourselves independent of foreign nations for articles of absolute necessity, therefore, a loan is granted to William M'Dermett, of $3000.00, to be repaid in 5 years. 24 Mar 1809. 51. An act to incorporate the Water Pipes in Aaronsburg. Whereas, a number of the inhabitants of the town of Aaronsburg, Centre county, have represented that the use of a stream of water has been granted by AARON LEVY, to the town, conveying it by wooden pipes and have difficulty in keeping it in repairs, therefore, it shall be lawful for them to meet at the house of SAMUEL MILES to elect directors of the water pipes. 25 Mar 1809. 52. An act to incorporate a company to make a road from the town of Hanover, York county, to the borough of Carlisle. That JACOB METZGAR, SAMUEL FAHNESTOCK, JOHN HILDEBRAND, DANIEL FUNK, NIMROD MAXWELL, JOHN HERSH, _______ BLAKE, PETER BROUGH, SEBASTIAN HEFFER, ______ JENKINS, _______ MOORE, GEORGE EGE, WILLIAM HARKNESS JR., JAMES NEALY, JOHN ARNOLD, and MICHAEL SAGLE, are hereby appointed commissioners. 25 Mar 1809. 53. A supplement to raise money for the African Episcopal Church of St. Thomas, in the city of Philadelphia. Whereas the commissioners have only been able to raise $2500.00, which is totally inadequate to relieve them from debt which they incurred in the finishing of their church, and SAMUEL WHEELER, THOMAS CUMPSTON, WILLIAM MURDOCK, PETER BROWN, DANIEL SMITH, JOSEPH B. EVES, and EPHRAIM CLARK, the present commissioners, have declined proceeding further in the lottery, therefore, JOSEPH WORRELL, HENRY ORTH, JOHN CUTHBERT, MATTHEW SHAW, BARTHOLOMEN GREAVES, GEORGE BARTRAM, and EPHRAIM CLARK, are hereby appointed commissioners in room of the former aboved mentioned commissioners, and are hereby authorized to raise the sum of $5500.00, being the sum deficient. 25 Mar 1809. 55. An act to incorporate a company to erect a bridge and road over the Northeast branch of the river Susquehanna, Northumberland county, from the public highway opposite the plantation of THOMAS GRANT, to Shamokin Island, through the public highway of Shamokin Island, to the shore opposite Northumberland, to the town of Northumberland. That JACOB DENTLER, JOHN FRICK, JOSEPH PRIESTLY, JOHN BOYD, JAMES HEPBURN, CHRISTOPHER BALDY, of Northumberland county, and JOHN VAUGHAN, HENRY TOLAND and SIMON GRATZ of Philadelphia, are hereby appointed commissioners. 25 Mar 1809. 56. An act to incorporate a company for making a road from Safe Harbour at the mouth of Conestogo creek, through the village of Strasburg. That CHRISTLY STOFER JR., FRANCIS KINDIG, ISAAC FERRER, JAMES WHITEHILL, MICHAEL RINE, ISAAC SMITH, THOMAS HENDERSON, ROBERT M'ILVAIN JR., and AMOS SLAYMAKER, of the county of Lancaster, are hereby appointed commissioners. 28 Mar 1809. 57. An act to incorporate a company to erect a bridge over the river Susquehanna in Lancaster county, near the town of Columbia. That STEPHEN GIRARD, WILLIAM SANSOM, JAMES VANUXEM, JOHN PEROT, HENRY PRATT, THOMAS M'EWEN, MARTIN DUBBS and JOSEPH S. LEWIS, of the city of Philadelphia, and JOHN HUBLEY, ABRAHAM WITMER, CASPER SHAFFNER JR., JACOB STICKLER, JAMES WRIGHT and SAMUEL MILLER, of Lancaster county, and WILLIAM BARBER, JOHN STEWART and GODFREY LANEHART of York county, are hereby appointed commissioners. 28 Mar 1809. 60. An act granting an annuity to JOHN BOYLS, a sergeant in the late Revolutionary war. Whereas John Boyls was enlisted by CAPTAIN THOMAS CAMPBELL, in 1777, and served as sergeant until near the close of the revolutionary war, when he was honourably discharged by COLONEL BUTLER, and whereas John Boyls is far advanced in years, and together with the entire loss of his eye sight, for eight years past, is reduced to the most indigent circumstances, and rendered entirely unfit to provide for himself or his family, and as the services rendered during the revolutionary contest, should be amply compensated, therefore, the sum of forty dollars is hereby granted to John Boyls, immediately, and an annuity of forty dollars to be paid to GEORGE FLECK of Huntingdon county, to commence 1 Jan 1809, to provide clothing and diet for John Boyls. 28 Mar 1809. 61. An act to establish and confirm the boundaries of the town and out lots of the town of Indiana. Whereas by an act passed 25 Mar 1805, CHARLES CAMPBELL and others were appointed trustees for the trustees for the county of Indiana, to lay out a town and lots and to sell the same to the Secretary of the Commonwealth, but while laying out the lots found it absolutely necessary to make considerable alterations in the plan of the town, and after the second draught of the town, were found to be imperfect, therefore, the county commissioners are hereby authorized to employ an experienced and competent surveyor to retrace the lines of the town and out lots, and to file a map in the secretary's office. 29 Mar 1809. 62. An act granting to SAMUEL M'NEILL an annuity for life. Whereas Samuel M'Neill when serving as a volunteer in CAPTAIN LONGSTRETH's company, in the army of the United States, at the battle of Princeton, received a violent contusion in his leg, by which he is rendered unable to support himself by any kind of labour, therefore, the state treasurer is hereby authorized to pay to Samuel M'Neill, of Northampton county, forty dollars, and an annuity of forty dollars to be paid to GEORGE PALMER, of Northampton county, to commence on 1 Jan 1809, to provide clothing, and diet for Samuel M'Neill. 29 Mar 1809. 64. An act to offord immediate relief to JOHN HUTON, a soldier in the revolutionary war. Whereas JOHN HUTON, of Juniata twp., Cumberland county, was wounded in the leg in the service of his county, at a place called Round-abouts, on Raritan river, in 1777, that he is now old and rendered unable to follow any employment on account of his wound not being healed, therefore, the sum of forty dollars is hereby granted to John Huton, immediately, and an annuity of forty dollars be paid to HENRY BULL, to commence from 1 Jan 1809, to provide clothing and diet for John Huton. 29 Mar 1809. 67. An act enabling trustees to sell and convey real estate. Whereas the county of Lycoming, has adjudged HENRY STRATER, a lunatic, and MOSES WILLSON and ISRAEL MERRICK were appointed trustees to care for the person and estate of Henry Strater, and as he is indebted for $250.00 upon various accounts, and claims and has a warrant of survey for a tract of 200 acres, situate on Crooked Creek, in Delmar twp., Tioga county, yet belonging to Lycoming county, adjoining lands of ISRAEL BUCKLEY, and should be sold to pay his debts and provide for the comfort of his wife and children, therefore, the trustees are hereby authorized to sell and convey the aforementioned tract of 200 acres. 29 Mar 1809. 69. An act to confirm a title to lands. SAMUEL WORK, of Bart twp., Lancaster county, purchased a tract of lnad in Bart Twp., of NEILL M'CLOY, containing 164 acres, bounded by lands of JOHN CAUGHEY, JOHN CLENDENIN, JAMES CLENDENIN, JOHN PATTERSON, JOSEPH GRIFFITH, THOMAS CLENDENIN and WILLIAM RICHARDSON, and paid the purchase money. That Neill M'Cloy was an alien and had purchased the land from JOHN CHAMBERS, who was also an alien, and is since deceased, who held the same by virtue of sundry mesne conveyances from the original warrantee, therefore, the title of Samuel Work to the tract of land is hereby ratified and confirmed, notwithstanding the same is derived to him through John Chambers and Neill McCloy who were aliens, free and discharged from any right of escheat to the state by reason thereof. 29 Mar 1809. 70. An act for the benefit of the devisees of JOHN HART, dec. Whereas John Hart, by patent dated 19 Oct 1786, a tract of land, situate on Sawkill creek, about 2 miles form Delaware river, in Upper Smithfield twp., Northampton, (now Wayne) county, containing 395 acres 45 perches, was granted to THOMAS MICHLETHWAITE and John Hart. That John Hart died after making a will dated 17 Nov 1788, stating he bequeathed all his estate to his wife HANNAH HART, and his two grandchildren, HANNAH MORRIS HART, and JOHN JAFFRY HART, which was duly proved and remains in the Philadelphia Register's office. That the memorialist John Jaffry Hart, mentioned in the will has reason to think that Thomas Micklethwaite, shortly after the patent conveyed his interest to John Hart, but has not been able to get possession of any books, deeds, or papers relating to the estate of his late grandfather, and the executor into whose hands they came, died some years ago, and may be lost or destroyed. Thomas Michlethwaite died intestate some years ago, without heirs or kindred, whereby his estate escheated to the commonwealth of PA, therefore he prays the commonwealth to vest in him and his grandmother and sister the escheated estate of a value of less then $400.00, and his sister being non compos mentis, he prays he may be authorized to sell and dispose of her part of the estate, for her support and maintance, therefore, all the right and title which the commonwealth has in the tract of land is hereby granted to Hannah Hart, Hannah Morris Hart, and John Jaffry Hart, and John J. Hart is hereby authorized to sell and convey the estate of his sister Hannah Morris Hart, in the tract of land, the proceeds to be used ofr her support and maintance. 31 Mar 1809. 71. A supplement to an act for the relief of the heirs of FREDERICK VERNON, dec. Whereas many of the legal representatives of Frederick Vernon, dec., are in their minority, therefore, upon the return of the patent formerly granted Frederick Vernon, the officers of the board of property shall issue their patent to be drawn to THOMAS VERNON, in trust for the legal representatives of Frederick Vernon, dec., for such interest as they would be entitled to in the original patent. 31 Mar 1809. 71. An act to empower adminstrators to convey land. Whereas PAUL KNAUSS, formerly of Allen twp., Northampton county, dec., became seized of a tract of land in Allen twp., containing 91 3/4 acres, which he purchased from JOHN ALLISON, and obtained a deed, dated 18 Apr 1796, and Paul Knauss, dec., on 1 Jun 1803, sold 23 acres, 63 perches, by a parole agreement, part of the tract, unto CONRAD KREIDER, for the sum of $468.00, and he also about the same time, by parole agreement sold 33 3/4 acres of the same tract, unto JOHN SMOYER, for the sum of $675.00, and as Paul Knauss died intestate, without executing conveyances for the land sold, and as some of his heirs are minors, therefore, JOHN KNAUSS and JOHN LERCH, administrators of Paul Knauss are hereby authorized to grant and convey to Conrad Kreider and John Smoyer deeds, provided any remainder of money owning is paid. 31 Mar 1809. 73. An act authorizing a patent to GEORGE BAKER, for a lot of ground. Whereas George Baker purchased out lot #56, in the reserve tract of land at the mouth of Big Beaver creek, and paid the purchase money, a patent was issued to him, and it appears the patent was lost or mislaid before it came into his hands, therefore, the secretary of the commonwealth is hereby authorized to issue a patent to George Baker, for out lot #56, in Beaver county, in lieu of the original patent. 31 Mar 1809. 74. An act to enable administrators to convey a tract of land. Whereas JAMES CARNAHAN, late of Westmoreland, dec., was owner and proprietor of a tract of land containing 175 3/4 acres, situate in Hempfield twp., bounded on the south and west by lands belonging to the heirs of JOHN DECAMP, and on the north and east by lands of HENRY SHRAM and others, did sell to CONRAD BATES, the tract of land, of which there is no written agreement, therefore, the administrators of the estate of James Carnahan, dec., are hereby authorized by deed to convey and release to Conrad Bates, the tract of land, and to execute a deed to him. 31 Mar 1809. 75. An act for the employment, and support of the poor in Germantown twp., Philadelphia county. Whereas the poor within Germantown twp., are numerous and expensive, and as the inhabitants have purchased a house and lot of ground as a poor house and have at considerable expense to put the same in good repair, therefore, SAMUEL MECHLIN and JACOB SUMMERS, for the lower district, JOHN JOHNSTON and ANTHONY JOHNSTON, for the middle district, and JACOB HOLGET and JOSEPH MILLER, for the upper district, are hereby appointed managers for the relief and employment of the poor, and are one body politic and corporate. 31 Mar 1809. 80. An act authorizing the building of a bridge across the Raystown Branch of Juniata, near the mouth of Yellow Creek. That is shall be lawful for WILLIAM LANE and THOMAS DAVIS, to erect and maintain a bridge across the Juniata. 3 Apr 1809. 84. An act for the relief of WILLIAM M'KIBBEN and GEORGE LONG. Whereas a warrant was issued in 1786, in the name of JOHN M'KIBBEN, for a tract of 300 acres of land on the waters of Racoon creek, but prior to executing the survey it was discovered the tract had been previously appropriated, and agreeable to a law then existing, M'Kibben executed the warrant upon a tract on the water of Cross Creek, in 1788, and did pay the commonwealth in 1786, the full amounty of the warrant at the rate of 10 pounds per 100 acres, but by some means the return of the survey was not made by the deputy surveyor, in consequence of neglect or delay of the return of the survey, it is rendered impracticable to obtain a patent, and as John M'Kibben by his will did devise the tract of land to his son William M'Kibben, therefore, the officers of the land office are hereby authorized to accep the return of a survey containing 368.75 acres, on the waters of Cross Creek, Washington county, executed 19 Mar 1788 by PRESLY NEVILL and MATTHEW RITCHIE deputy surveyors, in pursuance of a warrant granted to John M'Kibben for 300 acres dated 23 Feb 1786, and to grant a patent to William M'Kibben. That the officers are hereby authorized to accept a survey and grant a patent to George Long, for a tract of land, called Mingo path tract, situate in Fayette twp., Allegheny county, containing 201 acres, surveyed on 24 Nov 1786, in pursuance of a warrant granted to GEORGE ASTON, for 400 acres, dated 17 Mar 1785. 3 Apr 1809. 85. An act to incorporate a company for erecting a permanent bridge over the river Susquehanna near Harrisburg, Dauphin county. That JOSEPH CLAY, JOHN LEAMY, HENRY ORTH, HUGH FERGUSON and LEWIS RUSH, of the city of Philadelphia, ROBERT HARRIS, OBED FAHNESTOCK, CHRISTIAN KUNKLE, JOHN IRWINE and JOHN DOWNEY ESQ., of Dauphin county, WILLIAM RAMSEY, JOHN WORMLY, and JOHN BOWMAN of Cumberland county, JOHN ADAMS and GABRIEL HEISTER JR., of Berks county, are hereby appointed commissioners. 3 Apr 1809. 86. An act granting an annuity to JOHN CRAIG. Whereas John Craig, of Butler county, served as a soldier in CAPTAIN CHURCH's rifle company, 5th PA regiment, commanded by COLONEL ANTHONY WAYNE, and that he was wounded, and is old and infirm and by reason of his wounds unable to maintain himself and family by labour, therefore, the sum of forty dollars is hereby granted to John Craig, immediately, and an annuity of forty dollars to be paid to SAMUEL KINKEAD ESQ., to commence on 1 Jan 1809, which shall be expended for clothing and died for John Craig. 4 Apr 1809. 87. An act for the relief of JOHN VANLEAR. Whereas John Vanlear, now a citizen of Washington county, MD, has represented that on 29 Dec 1789, he was lawfully joined in marriage to JANE COULTER, and she continued to reside with him as his wife, for several years, and after bearing him several children, she abandoned his bed and board, therefore, John Vanlear, Washington county, MD., is hereby declared entitled to all provisions of the act passed 19 Sep 1785, and to all intents and purposes as if he was a citizen of this state, and had resided herein one year previous to the filing. 4 Apr 1809. 89. An act granting an annuity to ROBERT VARNOR. Whereas Robert Varnor of Mifflin county, did in 1776, enlist as a soldier, and at the battle of Monmouth, he was wounded in the right arm, by reason thereof and old age, he is now unable to acquire a livilihood by labour, therefore, the state treasurer is hereby directed to pay JOHN STEWART, of Fermanaugh twp., Mifflin county, forty dollars for the use of Robert Varnor, and an annuity of forty dollars to be paid half yearly, to commence on 1 Jan 1809, to provide clothing, lodging and diet for Robert Varnor. 4 Apr 1809. 90. An act for the relief of JAMES SEALS and SAMUEL ISRAEL. That the sum of forty dollars be paid unto James Seals and Samuel Israel, in full for the repair of public arms in the county of Greene. 4 Apr 1809. 92. An act to dissolve a marriage. Whereas PETER RICKENBACH, of Lancaster county, husband of ANN RICKENBACH, has committed adultery, wilfully and maliciously deserted and absented himself from his wife without any reasonable cause for upwards of four years, and entered into a second marriage in violation of his previous vow to Ann, which through legal causes of divorce, cannot be decreed by the courts of justice on account of Ann, although a citizen, not having resided one year previous in the state, by reason of she cannot obtain the small remains of own patrimony, and it is just to succour the innocent and injured, therefore, Ann Rickenbach is hereby divorced from the bonds of matrimony contracted with Peter Rickenbach. 4 Apr 1809. 93. An act empowering trustees to convey tracts of land. Whereas ANDREW BARNET and NICHOLAS KLINE, trustees of the German Lutheran congregation of Williams twp., Northampton county, have presented that FREDERICK FRUTCHE and ELIZABETH FRUTCHE his wife, by indenture or deed of conveyance, duly executed, bearing the date 8 Apr 1793, did grant and convey unto ISAAC SHIMER and JOHN BEYL, trustees of the Lutheran Congregation of Williams and Lower Saucon twps., Northampton county, three pieces of land situate in Williams twp., bounded by land of HENRY MILLER, by land of CHRISTOPHER ELICK, by land of _____ CALLEY and _______ SCHNEIDER, thence by land of ______ LERCH and land of Frederick Frutche, containing 41 acres and 136 perches. The second tract being a piece of timber land beginning at Christopher Elick's land, thence by land of ANTHONY LERCH, by land of Schneider and Calley, thence by land of Isaac Shimer to beginning, containing 4.25 acres, and the third, containing 2 acres 60 perches, the congregation have divided into separate congregations and sold the aforesaid premises to Isaac Shimer of Williams twp., for the sum of 800 pounds, therefore, it shall be lawful for Andrew Barnet and Nicholas Kline, trusteesto make, execute and deliver the three pieces of land to the purchaser and the money to be used to erect a house of public worship in the township of Williams. 4 Apr 1809. 94. An act to extend the powers of the Greensburg and Petersburg turnpike company, and to incorporate a company to make a road from _____ GALLAGHER's saw-mill, to the borough of Chambersburg. That for the Gettysburg and Petersburg company, ANDREW DUNLOP, JACOB HEISIR, EDWARD CRAWFORD, ISAAC EATON, JOHN HALIDAY, WILLIAM ALEXANDER, DAVID EBY, JACOB STAUFFER, PETER KUFFER, HENRY WORK, JOHN VANCE, JOHN MYERS and CHRISTIAN HAGEY, are hereby appointed commissioners. 4 Apr 1809. 96. An act granting an annuity to SAMUEL BRADY. Whereas it appears that Samuel Brady, has from early life, been bred up in the military service, and has devoted the principal part of it in the defence of his country, during the revolutionary war with Great Britain, he took an early and active part, and throughout the greater portion of that contest, he has been found employed in the most dangerous enterprize which the exposed situation of our country rendered necessary, such appeared to be his singular thirst for distinguishing himself by military achievements, that he attached himself to no military corps for a sufficient length of time to receive that reward which the law promised to the regular enlisted troops in the American Army, in consequence of which he has gone unrewarded, and is now old and utterly incapable of procuring to himself a livelihood by manual labour and having spent his strength and employed his life in the protection and defence of his country, he is not only entitled to her gratitude, but for some small relief to sustain nature for the short period of his declining years, therefore, the state treasurer is hereby authorized to pay to Samuel Brady, of Indiana county, forty dollars, and an annuity of forty dollars to be paid half yearly to GENERAL JAMES M'COMB, to commence on 1 Jan 1809, to be expended for clothing and diet for Samuel Brady. 4 Apr 1809. 97. An act to afford immediate relief of a soldier in the revolutionary war. That the state treasurer is authorized to pay to ROBERT E. JONES, of Delaware county, forty dollars to be applied to the use of MICHAEL LYNCH, and an annuity of forty dollars to be paid half yearly to commence 1 Jan 1809, to provide clothing, diet and lodging for Michael Lynch. 4 Apr 1809. 98. An act to authorize SAMUEL RAY JR., to erect a toll bridge over French creek, opposite Buck street, in the town of Franklin. 4 Apr 1809. 99. An act to lay out a road from Pittsburg, through Beaver town to the western boundary of the state. That WILLIAM LEEK, JOSEPH EDGAR and THOMAS HENRY are hereby authorized to lay out and mark the road. 4 Apr 1809. 100. An act to establish an academy in the bouough of Harrisburgh, Dauphin county. The first trustees are WILLIAM GRAYDON, CHRISTIAN KUNKLE, GEORGE HOYER, ROBERT HARRIS, SAMUEL LAIRD, HENRY BEADER, JOHN WYETH, JOSHUA ELDER, and JOHN LUTHER. 4 Apr 1809. 107. An act granting an annuity to HUGH QUAY. Whereas Hugh Quay, early in the year 1776 enlisted as a sergeant in the Chester county flying camp, that on 16 Nov 1776, he was taken prisoner by the British at Fort Washington, and in the inclement winter of that year, he was confined in Bridewell prison, in the city of New York, destitute of every comfort of life, that he was ultimately restored to his country, his wife and five small children, in a most calamitous and pitiable condition, and remained sick for nine months after his return, incapable of making any provision for himself or his distressed family, and in addition to this claim on the benevolence of his country, he received but three months pay for his services. Under these circumstances and considering his far advanced age and his existing infirmities, therefore, an annuity of forty dollars is granted for the use of Hugh Quay, to be paid half yearly to THOMAS BODLEY ESQ., of Chester county, to commence from 1 Jan 1809, to provide clothing, lodgeing and diet for Hugh Quay. 4 Apr 1809. 108. An act relative to a case of the prize sloop Active. Whereas by an act passed 2 Apr 1803, concerning the claim of the commonwealth against ELIZABETH SERGEANT and ESTHER WATERS, surviving executrixes of DAVID RITTENHOUSE ESQ., dec., concerning money from the proceeds of a prize called the Active, captured during the revolutionary war, and as the money was not paid to the treasury, therefore, the sum of $18,000.00 is hereby appropriated to meet all expenses and to protect all persons concerned in the protection of the rights of the commonwealth in obedience to the injunctions of any law derived. 4 Apr 1809. 109. An act granting an annuity to GEORGE BLAKELY. Whereas George Blakely enlisted in the rifle company commanded by CAPTAIN MOSES M'CLAIN, in the 6th PA regiment, the 22 Jan 1776, and went as a private soldier to Canada, that he was in the battle of the three rivers under GENERAL THOMPSON, that about the latter end of that year he enlisted in CAPTAIN HUPP's or CAPTAIN UPP's company, and was attached to COLONEL HARTLEY's regiment, that in 1777, he was transferred to CAPTAIN M'DOWELL's company, in the 7th PA regiment, in which he served until discharged in 1781, that he was severely wounded in the battle near the Paoli under GENERAL WAYNE, by receiving three stabs in his body by a boyonet, and several wounds in his head by a musket, and was made a prisoner at the same time, and was afterwards exchanged with about twenty others, that he is now old and unable to procure a livelihood by manual labour by reason of his wounds, therefore, the state treasurer is to pay JOHN COLEMERY of Washington county, forty dollars for the use of George Blakely, and an annuity of forty dollars to be paid half yearly to THOMAS FORGY, of Washington county, for the use of George Blakely. 4 Apr 1809. 115. A supplement to an act for the regulation of the militia. Whereas great inconvenience and hardship arises out of the militia to the enrolled militia south of Loyalsock creek, Lycoming county, composing the 2nd battalion of the 1st regiment and 10th division, now commanded by MAJOR ARTHUR M'KISSON, as a great portion of them have to cross the river and several large streams of water, and travel from 20 to 30 miles to Williamsport, their usual place of regimental meeting, therefore, the battalion shall meet within their battalion bounds on the same days. 4 Apr 1809. 116. An act to defray expenses of government. That the accountant officers are hereby authorized to take into consideration of the claim of TIMOTHY MATLACK, formerly clerk of the senate, for services rendered or for any money advanced by him to pay the contingent expenses of the senate, for which he has not received compensation, any balance found due to be paid to Timothy Matlack. 4 Feb 1809. RESOLUTIONS 8. Whereas the supreme court of the United States had ordered a peremptory mandamus to be issued in the suit of GIDEON OLMSTEAD and others versus ELIZABETH SERGEANT and ESTHER WATERS, executrixes of the late MR. RITTENHOUSE, and that immediate application will be made to RICHARD PETERS, judge of the district court of PA, for an execution against the persons and effects of Elizabeth Sergeant and Esther Waters, and in conformity of the act passed 2 Apr 1803, it becomes our duty to protect them against such process, whereas the cause and reason of the conflict should be made known, to evince a resistance of encroachments on state rights, and to guard against future collisions of power, that is attributed to a desire of preserving the federal government, the best features depend upon keeping a just balance between general and state governments as guaranteed by the constitution. The unhappy dispute arose out of the following circumstances. On the night of 6 Sep 1778, Gideon Olmstead being a prisoner on board the armed sloop "Active", bound to New York, on the passage prevailed on three of the seamen to assist him in endeavoring to take the sloop from the captain and the rest of the crew, and to carry her into an American port. In pursuance of this bold and hazardous design, they secured the captain and crew under deck, and contemplated running the sloop into Egg Harbour. A considerable contest then arose between those under and those on deck, for the command of the vessel. On the 8 Sep, they were boarded by the brigantine "Convention", fitted out by the state of PA, commanded by CAPTAIN THOMAS HOUSTON, and in a very short time after the sloop 'Active" was thus seized by the Convention, the privateer sloop, "Le Gerard" of Philadelphia, commanded by CAPTAIN JAMES JOSIAH, hove in sight. The prize was brought into the port of Philadephia, and was libeled in the court of Admiralty of the state on 14 Sep. Captain Thomas Houston for the state, himself and crew, claimed one half, Captain James Josiah, commander of the privateer sloop Le Gerard, for himself, crew and owners, as consort of the Convention, and as in sight at the time of the capture, claimed one fourth, allowing one fourth for the four persons who first rose upon the crew of the sloop Active, Gideon Olmstead and his companions claimed the whole, alleging that they had risen on the captain and crew - had confined them in the cabin - had assumed the whole command and direction of the sloop, and were proceeding towards Egg Harbour with the captain and crew subjected and reduced, when the sloop was seized by the brigantine Convention. And the question for decision was, whether the captain and crew were subdued, or whether hostilities had ceased, when the Convention and Le Gerard came up with her. The court of Admiralty is the appropriate court, but how the court shall be constituted depends upon the will of the nation or state to which it belongs. It was bottomed on the resolution of Congress of 25 Nov 1775, "That it be recommended to the several legislatures of the United Colonies, to erect courts of justice, or give jurisdiction to the courts now in being, for the purpose of determining captures to be made, and to provide all trials be had by jury under such qualifications as the respective legislatures shall emm expedient. That all cases an appeal shall be allowed in Congress or such persons as they shall appoint. A court of admiralty was established in PA. 9 Sep 1778, the trial to be by jury, and the findings shall establish the facts, without re-examination or appeal. In all cases of capture, an appeal from the decree of the judge of admiralty of this state, shall be allowed to the Continental Congress. On 4 Nov 1778, a struct jury, returned their verdict, 1/4 to Gideon Olmstead and others, and 3/4 to Captain Houstn and Captain Josiah, thus deciding hostilities had not ceased on board, and Gideon Olmstead and the three seamen appealed. At this period no court of appeals had been established, but Congress could appoint a committee, provided no member of Congress presided as judge. The confederation was not adopted by all the states until 1 Mar 1781. The authority or extent of the jurisdiction of the committee is the question and has agitated all PA for thirty years. If the committee of appeals had authority to revise facts which had been established by the verdict of a jury, their decree was conclusive and final, it could not be opened or reviewed. The authority of the United States was gradually acquired by the consent or acquiescence of the states, and where it was thus acquired, the exigencies of the new formed union required that it should be deemed legitimate, though never expressly assented to. The power of establishing courts of admiralty they never assumed, therefore they had not the power to erect the appellate court without the consent of the states. The party could request a new trial by jury, but there is no way facts determined by a jury can be reversed. Congress stated the control must extend over the decisions of juries as judges, in determining the legality of captures on the sea. Various cases from other states cited. Mr. Rittenhouse received money as treasurer of the state, for the use of the state, as no suit can be filed against the state a suit was filed against the executors of Mr. Rittenhouse, alleging the property of the sloop Active was not in the possession of the commonwealth but of Mr. Rittenhouse, as an individual, and it appears the court of appeals was not in possession of all the facts of the case. Resolved that should the independence of the states, as secured by the constitution, be destroyed, the liberties of the people in so extensive a county, cannot long survive, and whenever the government of the United States becomes consolidated, we may learn from the history of nations, what will be the event. Resolved that the congress be instructed to procure an amendment to the constitution of the United States that an impartial tribunal may be established to determine disputes between the general and the state governments 3 Apr 1809. N.B. BOILEAU, Secretary, Lancaster PA. 5 Jun 1809.