USA > Pennsylvania > Beaver County > History of Beaver County, Pennsylvania, and Its Centennial Celebration, Volume II > Part 61
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SECTION 2. And be it further enacted by the authority aforesaid, That so much of the aforesaid recited act, as authorises ' the Governor to appoint commissioners for the purposes therein mentioned and the powers and authority of the said Commissioners, appointed in pursuance thereof, shall henceforth cease, determine and be forever void.
GERARDUS WYNKOOP, Speaker of the House of Representatives. SAMUEL POWEL, Speaker of the Senate.
Approved March 6th 1793. THOMAS MIFFLIN Governor of the Commonwealth of Pennsylvania.
*
GENTLEMEN
The Governor directs me to transmit to you a copy of an Act of the General Assembly passed on the 6th day of March 1793 by which your : authority as Commissioners for laying out a town at the mouth of Beaver- creek has been superseded; You will of course, take an early opportun- ity to exhibit an account of any expences " which you have incurred giving the public credit for the sum advanced, so as to close the transaction on your part.
I am with great esteem Gentlemen Your most obedt " Servant A. J. DALLAS, Secry.
Secretary's Office Philadelphia March 7th 1793 To JOHN GIBSON WILLIAM TODD, and ALEXANDER MCCLEAN Esquires. * * * SECRETARY'S OFFICE PHILADA March 7th 1793
SIR The Governor requests that you will furnish him with a copy of the Survey returned by Daniel Leet of the Town at the mouth of Beaver Creek in order that he may proceed in executing the law directing the sale of the Lots &c.
I am Sir with great regard
Your most obedt ' Servant
A. J. DALLAS Secry.
To the Surveyor General.
" Spelled as in the original.
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History of Beaver County
SIR The Governor directs me to inform you that besides the Lots marked "Public - Square " he deems it expedient to reserve for public uses, the lots in the town plot of Daniel Leet's survey near the mouth of Beaver Creek numbered as follows, to wit, No. 1, 20, 21, 22, 155, 156, 157, and you will be pleased accordingly to make an official entry thereof on the original survey deposited in your office.
I am with great esteem Sir Your most obedt ' Servant A. J. DALLAS, Secry.
Secretary's Office PHILADA 11th March 1793 TO DANIEL BROADHEAD I esqr Surveyor General of Pennsylvania
Pennsylvania In the Name and by the Authority of the Commonwealth of Pennsyl- vania. (L S) THOMAS MIFFLIN Governor of the said Commonwealth
To DAVID BRADFORD JAMES MARSHAL and ANDREW SWEARINGEN of the County of Washington Esquires.
WHEREAS in and by two several Acts of the General Assembly of this Commonwealth the one intituled I "An Act to empower the Governor to lay out a town and out Lots at the mouth of Beaver creek, for the uses therein mentioned" and the other entituled 1 "An Act to confirm Daniel Leet's survey of a town and out lots at the mouth of Beaver creek and to supersede the powers heretofore given to certain commissioners for superintending the said survey " I am duly authorised 1 to sell and convey certain town lots and out lots contained in the survey of the said town returned by the said Daniel Leet to the Surveyor General (a copy whereof is hereunto annexed) at the place and places on the terms and conditions in the manner and subject to the limitations reservations and restrictions in the said recited Acts contained: AND WHEREAS for the purpose of making such sale in a fair impartial and effectual manner it is expedient and necessary to employ and appoint proper persons resident at the place of sale to superintend the same: Now KNOW YE that con- fiding in your judgment and integrity I have appointed and by these presents do appoint you or any two of you Agents to superintend at the town of Washington in the County of Washington the sale of such and so many of the said town lots and out lots as are for that purpose num- bered and designated in the instructions herewith transmited ' unto you: And in so doing you will in all respects faithfully conform to the said Instructions and make a full true and accurate return in writing to me
1 Spelled as in the original.
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History of Beaver County
of all and singular your proceedings in the Premises as soon As calls veniently may be after the said sale shall be closed.
IN TESTIMONY whereof I have Not my hand and caused the lower Seal of the State to be affixed to these pre- sents at Philadelphia the twelfth day of March in the year of off Lord one thousand seven hundred and ninety three and of the Com- monwealth the Seventeenth.
By the Governor A. J. DALLAS, Secretary. * * .
INSTRUCTIONS to David Bradford James Marshall and Andrew Swear- ingen the Agents appointed by a commission bearing even date herewith for superintending the sale of the town and out lots hereinafter men- tioned, contained in the survey made and duly returned by Daniel I cot to the Surveyor General in pursuance of two Acts of the General Ausein. bly of this Commonwealth the one intituled ' "an Act to empower the Governor to lay out a town and out lots at the mouth of Beaver Creek for the uses therein mentioned," and the other intituled " An Art In citt= firm Daniel Leet's survey of a town and out lots at the mouth of Heavet Creek and to supersede the powers heretofore given to certain Commit sioners for superintending the said Survey."
FIRST. That the said Agents or any one of them shall give a pre- vious notice of at least ten weeks in one or more Newspapers of the fly of Philadelphia and in the Pittsburg Gazelle that there will be held in the town of Washington on the - day of -. next a sale for the disposal of a part of the town lots and out lots surveyed by virtue of the said fretted Acts at the mouth of Great Beaver Creek.
SECOND. That on the said - day of and in each and moty sie - ceeding day (Sundays excepted, until the sales shall to chard the sald Agents of any two of them shall past up sensetally is cate the Moon late and one Loss numbered respectively in the weg of the ter plot and site- vey to their Commission annexed as follows. that is to say teron Ists No .-
And out Los No
and the said toon Its and cont late respectively after a reasonable allowance of time for all poterne to tid when ato desit- ous so % do shall be carrack of , the highest and hast bilder, where name and abe amount of the purchase money, shall thereupon to in- served in that space of the said sexon plot and surrey which contain the member of the Late respectively struck off as aforesaid.
Taras That on the sand day of opening the said ar aferasand one of the Agenta shall publicklyi read the said tos porited data to the Paperne attending the sales and shall then and there declare the Conditions of sale so se as follow .:
* Spelled an in the original.
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History of Beaver Commey
hayan wstrzy ise wie how 'be decided is in many thanks
Forint. They an was in the wie want to somet St mary this
muy sken Caminicos and a summer of the mess of ages f stronieing and whing the Loss
Firma. That the Ever Low in the centre and the four corners Lots state uni. fire. marked "Pratic Square" shall be conconced as jan's seemed mary isx pathic mes, and reserved by the Governor accordingly.
SixTH. That in order to ascertain the boundaries of the Lees sold in the vrieral and respective parents hereafter to be granted the Streets Lanes and Alleys in the said town Plot shall bear and be designated by the names theresa respectively written in the survey annexed to the Commission of the said Agent.
*
We the Agents appointed by the Governor of Pennsylvania to sell by public sale one half of the Lots and the whole of the out Lots of the Town laid cast, at the marsch of Great Beaver Creek on the Olio River. Report that agreatly to the Interactions transmitted to us. We gave a notice et ye. we needthe Philadelphia Newspapers Viz in Duelaps daily Advent of and in the Pittsburgh Gazette previous to the second day of That apon the said second day of July we opened at the Corte How to the Town of Washington the sales agreeably to said Beige and prevented from day to day when the sales were completed That the name of the highest bidder with the sum bid will respectively appear in ured within the Lines circumscribing each lot and out lot in the plan of said Town, transmited' by the Governor to us and now by us petraintends to him. That we have received one half of the sums re- sportionly in Ared in each Lot. That where no names or sums appear intered there a delinquency in payment has taken place we further report that some doubts arose previous to the commencement of the sale with respect to the expences of Deeris whether the Commonwealth would deliver a Deed clear of expence " or whether the purchaser would be liable to the usual fees of Patenting. The Agents were of opinion and accordingly held out the Idea to the purchasers that Deeds would be made out to the purchasers clear of all charge: and we cannot but ex- press it as our Idea that the purchasers bought under this impression.
' Spelied as in the original.
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History of Beaver County
We conceive it a part of our duty in discharging the trust reposed in us to mention this circumstance. We further report the contingent and necessary expences 1 of advertising and selling to be as follows, Viz.
Advertising in the Philadelphia and Pittsburgh papers £ 1 13 9 for Clerking and Stationary 1 6 15
For Vendue Crier 2 5
To David Bradford 13 days spent in the business at 3 Dols per day 14 12 6
To James Marshall for ditto 13 days at 3 Dollars per day 14 12 6 To Andrew Swearingen for ditto 7 days at 3 dollars per day 7 17 6
£47 16 3
IN WITNESS of the premises we have hereunto written our hands and affixed our Seals the 12th day of August 1793
DAVID BRADFORD (Seal) JAMES MARSHAL (Seal) ANDREW SWEARINGEN (Seal)
A SKETCH
Giving Dates of Surveys, Dates of Sales, Names of Purchasers, and Prices of Town Lots, Out Lots, and Reserve Tracts in the Beaver Re- serve, as surveyed and sold by Commissioners under authority of the several Acts of Assembly, herein mentioned, relating thereto.
Copied and compiled from the records and documents on file in the Department of Internal Affairs of Pennsylvania, August, 1903, by J. Sutton Wall, Chief Draftsman.
An Act, entitled "An Act for the sale of certain lands therein men- tioned for the purpose of redeeming and paying off the certificates of depreciation given to the Officers and Soldiers of the Pennsylvania line, or their representatives; and for appropriating certain other lands therein mentioned for the use of the said Officers and Soldiers, to be divided off to them severally at the end of the war. Passed the 12th day of March, 1783." (See Smith's Laws, vol. ii., pages 62 to 65.)
This Act defines the boundaries of the territory to be surveyed and applied to the purposes of the Act, and directs the reservation for the use of the State of three thousand acres on the Allegheny and Ohio Rivers opposite Fort Pitt, and three thousand acres on the Ohio River and on both sides of Beaver Creek, including Fort McIntosh.
This Act was passed for the purpose of more fully carrying into effect a former Act passed December 18, 1780 entitled, "An Act to settle and adjust the accounts of the troops of this state, in the service of the United States, and for other purposes therein mentioned," which stipulated, among other things, that the certificates of depreciation given to the officers and soldiers of the Pennsylvania line should be receivable at the
' Spelled as in the original.
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History of Beaver County
Land Office of this State, equal in value to gold and silver, in the payment of the purchase money of unlocated lands, if the purchaser or possessors of the same should think proper to purchase such lands. (See Smith's Laws, vol. ii., page 62, Section 1, Preamble.)
40
91
89
88
.
111
the Reserved Track .
River
Road
Ohio
deal.
In Testimony, That the above is an extract from a draft of a survey made in pursuance of instructions from the Surveyor General, in the melih of April, May, June, July 1785, by Daniel Leet. D. S. situale on The Ohio F Beaver Rivers, now remaining on file in the Department of Internal Affairs of Pennsylvania, I have hereunto set my hand and caused the Seal of said Department to be affixed, at Harrisburg, the fifth day of May 190f.
Starrating of Internal Afcon
A draft of the Reserved tract "situated on the Ohio River on both sides of the mouth of Great Beaver" surveyed in the month of May, 1785, by Alexander McClean, Deputy Surveyor, pursuant to instructions from John Lukens, Esqr., Surveyor General, is on file in the Department of Internal Affairs, at Harrisburg, Pa. In a note on this draft, Mr. McClean says: "The situation of Mackintosh is truly delightful and will afford a seat for a large town. The prospect of the River is beautiful, and the Spring represented as sinking may be brought under ground into the head of a Town from which the rest may be supplied. I think it an object worthy the notice of the Legislature.I
1 See copy of this draft facing page 94, in first volume.
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History of Beaver County
The next Act of Assembly bearing on this subject, approved Septem- ber 28, 1791, authorized the Governor to direct the Surveyor General to lay out or cause to be laid out and surveyed two hundred acres of land in town lots on or near the ground where the old "French Town " stood, in such manner as commissioners appointed by the Governor shall direct; and also one thousand acres adjoining the upper side thereof, to be laid out and surveyed as nearly square as may be, in out lots not less than five acres nor more than ten acres each, also authorizing the Governor to sell one equal half of the town lots and the whole of the out lots except those of the town lots reserved for public use, &c., &c. (See Smith's Laws, vol. iii., pages 56 and 57.) A certified copy of the original plan of the above mentioned lots as surveyed and laid out is on file in the De- partment of Internal Affairs, and states that they were surveyed in November, 1792, by Daniel Leet.I Daniel Leet's survey of a town and out lots at the mouth of Beaver Creek was confirmed by Act of Assembly passed March 6, 1793. (See Smith's Laws, vol. iii., page 90.)
The 17th Section of an Act of Assembly passed March 12, 1800, pro- vides "That the Governor is hereby empowered to direct the Surveyor General to cause to be laid off by actual survey, out of the reserved tract adjoining the town of Beaver, the quantity of five hundred acres of land, for the use of such school or academy, as may hereafter be established by law in the Town of Beaver, which survey shall be returned to the office of the Surveyor General, and a patent shall thereupon issue to the trustees of the County of Beaver and their successors, for the said quantity of five hundred acres so surveyed and laid off for the use and trust aforesaid." The 14th Section of this Act appoints Jonathan Coulter, Joseph Hemphill, and Denny McClure as trustees of Beaver County, and the first section of same Act provides for the erection of the county. (See Smith's Laws, vol. iii., page 429.)
An Act of Assembly was passed March 29, 1802, incorporating the borough of Beaver. (See Smith's Laws, vol. iii., page 495.)
An Act was passed February 21st, 1803, appointing John Lawrence, Guion Grier, James Alexander, and Samuel Johnston, trustees for the land granted under the Act of March 12, 1800, and authorizing them to lease said land, and to erect a suitable building on one of the public squares in the town of Beaver for an Academy, and to apply all the pro- ceeds, rents, and issues arising from said land to the use of said institu- tion. (See Smith's Laws, vol. iv., pages 12 and 13.)
A draft of a survey of the Academy land made September 25, 1801, by James Carothers, Deputy Surveyor, is on file in the Department of Internal Affairs,? and a patent for this land was issued to Jonathan Coul- ter, Joseph Hemphill, Denny McClure, John Lawrence, James Alexander, Guion Grier, and Samuel Johnston, Junr. in trust for the use of said Acad- emy, dated March 28, 1803, recorded in Patent Book "P" 48, page 516.
An Act of Assembly passed the 29th of March, 1802, authorized the erection of the town of Beaver into a Borough. (See Smith's Laws, vol. iii., pages 495 and 496.)
1 See No. 2 of the seven drafts annexed to this article (post). . See draft No. 6, post.
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History of Beaver County
An Act to alter the limits of the borough of Beaver was passed Jan- uary 14, 1804; also another Act to alter the limits of same borough with respect to taxation, &c., was passed in January, 1806. (See Smith's Laws, vol. iv., pages 267 and 268.)
An Act of Assembly authorizing John Lawrence, Samuel Wilson, and David Potter, as commissioners to sell "at public sale, on or before the second Wednesday of June next, one fourth of the town lots, the prop- erty of this Commonwealth in the town of Beaver in the County of Beaver, excepting those heretofore reserved for public uses; and also to sell, as aforesaid, one fourth of the reserved tract of land at the mouth of Big Beaver Creek; to be sold in lots of not less than five or more than ten acres each," &c., &c., on certain conditions therein stipulated; passed March 2, 1805.1 (See Smith's Laws, vol. iv., pages 215 and 216.)
A draft of out lots surveyed and sold in the above mentioned "one fourth" of the Reserved tract giving numbers and quantity is on file in the Department of Internal Affairs, bearing a certificate under date of March 5, 1806, signed by Henry M. Smith.2
In pursuance of the Act of March 2, 1805, the said commissioners John Lawrence, Samuel Wilson, and David Potter, sold on June 10th and 11th, 1805, twenty-two town lots and forty-three Reserve tracts or out lots. See on pages 1254 and 1255 lists of "Second Sale" of "Town Lots" and "Out Lots."
An Act was passed March 21, 1806, authorizing the trustees of the Beaver Academy to lay out and sell at public auction a portion of the Academy land. (See Smith's Laws, vol. iv., page 322.)
A Supplementary Act was passed January 12, 1807, authorizing the commissioners, John Lawrence, Samuel Wilson, and David Potter, to sell for and recover in the name of the Commonwealth unpaid purchase money due on lots sold under the Act of March 2, 1805. (See Smith's Laws, vol. iv., page 358.)
A Supplementary Act was passed March 20, 1810, extending the pro- visions of the First Section of the Act of March 2, 1805, requiring certain improvements on lots purchased to be made within three years of the date of sale; the time being extended to September 1, 1811, except for lot number 97 in the town plan. (See Smith's Laws, vol. v., page 158.)
An Act aiding the commissioners of Beaver County to procure water in the borough of Beaver was passed February 10, 1807. (See Thomp- son's Laws, vol. viii., page 29.)
This Act granted the commissioners the sum of seven hundred dollars out of monies arising from the sales of in lots and reserved lands within the town of Beaver and adjacent thereto, to be applied to the sinking and completing a public well, in such part of the Public Square as they shall think proper, &c. &c.
A few vouchers are on file bearing the signatures of Samuel Lawrence, John Saviers, and Samuel Wilson, as commissioners of Beaver County, for monies received by them, agreeably to the Act above mentioned, for the purpose of procuring water in said borough of Beaver, but as to the 1 See lists of first sale, pp. 1249-54. * See draft No. 4, post.
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History of Beaver County
fact of what became of the project or how much money was actually expended on the well does not appear.
An Act of Assembly passed March 14, 1814, named and authorized William Leet, John Wolf, Sr., and James Dennis, as commissioners to lay out and sell at public auction at the court-house in the borough of Beaver prior to December Ist, 1814, all the residue of the Reserve tract land then remaining the property of the Commonwealth. (See Smith's Laws, vol. vi., page 131.)
In pursuance of said Act, Joseph Hemphill surveyed and laid out 123 out lots, which the said commissioners sold at public auction at the Beaver court-house on August 22 and 23, 1814, a list of which is given on pages 1255 and 1256. Two so called "Spring Lots" granted for the use of the borough were reserved out of this sale. Maps showing the location, numbers, area, and names of purchasers certified to by the commis- sioners above named, under date of October 21 1814, are on file in the Department of Internal Affairs.I
An Act of Assembly was passed March 5, 1816, authorizing the commis- sioners James Alexander, Guion Grier, and James Logan, to sell at public sale in the borough of Beaver on the first Monday of November next (November 4. 1816) &c. all the remaining lots yet the property of this Commonwealth, in the borough of Beaver, in the county of Beaver, excepting those heretofore reserved for public use, on conditions therein specified.2 (See Smith's Laws, vol. vi., page 335, and Acts of Assembly for 1816.)
A Supplemental Act was also passed on the 19th day of the same month, extending the time of payment &c. (See Smith's Laws, vol. vi., page 390, and Acts of Assembly for 1816.)
An Act of Assembly was passed February 17, 1818, granting to Thomas Henry and John R. Shannon a lot of ground in the borough of Beaver, bounded by Front Street, Elk Street, Commerce Alley, and the Ohio River, for the purpose of erecting thereon suitable buildings for the manufacture of glass and a ware house, on conditions therein stipulated. It was surveyed March 31, 1818, by Hugh Mccullough, D. S., and his draft on file in the Department of Internal Affairs shows it to contain 9 acres and 50 perches, strict measure.
An Act of Assembly was passed April 10, 1826, directing Thomas Henry, Joseph Hemphill, and Robert Moore to resell at public sale in the borough of Beaver, on the following 16th day of October, all the out lots laid out and sold by William Leet, John Wolf, and James Dennis, under direction of the Act of Assembly of March 14, 1814, for the reasons stated in the Preamble that the purchasers had failed to comply with the con- ditions of the Act under which they were sold.
A copy of the Commissioners' Report is hereto appended under the head of "Resale of Out Lots in 1826." Another report of the same commissioners is also appended giving names of persons who made full payment for out lots therein named. 3
Section 5th of the same Act of Assembly (April 10, 1826) authorizes
1 See drafts Nos. 3 and 5 post. . See pp. 1257-58. · Sec pp. 1259-62.
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History of Beaver County
Benjamin Adams, Robert Darragh, Milo Adams, Joseph Vera, and John T. Miller, trustees for the Methodist Episcopal Church in the borough of Beaver to erect a church or house of worship on the south east section of the public square in the town of Beaver, between the Academy and the south eastern boundary of said public square and to enclose a yard not exceeding one fourth of an acre.
An Act of Assembly was passed April 14, 1827, appropriating all moneys, not already appropriated arising from the sale of lots belonging to the Commonwealth, situate in the reserve tract at the mouth of Big Beaver Creek, in Beaver County, to aid in improving and repairing the State road between the Allegheny bridge and Beaver bridge, and appoint- ing Thomas Hemphill of Beaver, and William Courtney and Matthew B. Lowrie of Allegheny County to receive said moneys and expend the same for the purpose aforesaid, and to render their account of such expenditure to the courts of quarter sessions of Allegheny and Beaver counties.
The same Act also provided that they were to receive one dollar per day for their services, two thirds to be paid by Allegheny County, and one third by Beaver County.
An Act of Assembly was passed April 15, 1834, appointing James Lyon, Benjamin Adams, and James Eakin as commissioners to sell at public sale in the borough of Beaver on the first Monday of September following, all the lots which had reverted to and become the property of the Common- wealth as sold by John Lawrence, Samuel Wilson, and David Potter under the Act of March 2, 1805, excepting those reserved for public use, also all the lots heretofore sold by James Alexander, Guion Greer, and James Logan under Act of March 5, 1816, which had also reverted to and become the property of the Commonwealth &c., &c.
Section fourth of this same Act, provides that the proceeds of the sale of lots, after deducting the expenses of the sale, shall be granted to the Burgess and Town Council of the borough of Beaver for the purpose of supplying water to the town: "Provided, That all above the sum of five hundred dollars of the nett proceeds of such sale shall be paid into the treasury of this Commonwealth by the Commissioners aforesaid."
A Joint Resolution of the House and Senate was passed May 29, 1840, authorizing and requiring the Auditor General to settle and adjust the accounts of James Lyon, Treasurer of the Board of Commissioners, appointed by said Act of April 15, 1834, directing the sale of certain lots in the town of Beaver and other lands adjacent thereto, in such manner that he be allowed five per cent on all moneys collected and paid over by him, in pursuance of such sale, agreeably to the said Act: "Provided. That the said James Lyon be and he is hereby authorized and required to collect the balance that may be due upon said lots and pay the same over to the State Treasurer agreeably to the provisions of said Act."
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