heretofore adopted, cause the docks to fill with mud for want of a regular current of water through them; and many of them are not sufficiently strong and durable: Therefore,

widened.

SECTION I. 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 street Wharf-street called Wharf-street, shall hereafter be fifty feet wide, to be widened on the east side of the said street to that width, and when the intercourse through the said street shall require it, the commissioners of the district of Southwark, shall order and direct a when the foot foot pavement to be laid off, not less than twelve feet wide, with pavement shall kirb-stone on the west side of the said street, under such regulations and restrictions as the foot pavements of other streets are regulated and paved in the district.

be made,

ed.

SECT. II. And be it further enacted by the authority aforesaid, That all and every person or persons, intending hereafter to How the strect wharf any part of their estate beyond the west side of Wharf- may be wharfstreet, shall in the first instance extend no further than the east side of said street, the front of which shall be composed of good solid square timber, down to the bottom and well secured. SECT. III. And be it further enacted by the authority aforesaid, That all pier heads, hereafter intended to be sunk in the river, How pier heads may be 1 beyond the east side of Wharf-street, shall be of the width of sunk on the not more than thirty feet from east and west, and shall be so sunk that the eastermost side of the said pier-head, shall be at the distance of one hundred and twenty-five feet, from the east side of Wharf-street, and no more, and the said pier shall be composed of good substantial square timber, down to the bottom and well fitted and secured.

east side of Wharf-street.

SECT. IV. And be it further enacted by the authority aforesaid, of sinking inThat a pier or wharf, may be placed and sunk at equal distance termediate between the west side of the pier-head aforesaid, and the east piers. side of Wharf-street, of not more than twenty feet in width east and west, and platformed to the pier-head and Wharf-street, or may be platformed on piles from the west side of the pier head, to the east side of Wharf-street, without the middle pier, at the discretion of the owner.

Of wharves extended alrea

SECT. V. And whereas, There are certain wharves in the said district, which are already extended in such a manner, as to prevent a strict compliance with the provisions of this act. BE it therefore enacted, That the owner or owners, of any estates, within the district aforesaid, on which such wharves have dy too far, to been already erected, shall be authorized to erect a pier, at the permit a compliance with distance of one hundred and twenty-five feet, from the east side the provisions of Wharf-street, in the manner and under the regulations here- of this act. in before prescribed; but no person erecting such pier, shall be at liberty to erect a middle pier, without the consent of the warᏃ

to be erected

without the

Where middle dens of the port of Philadelphia in writing; and the said warpiers are not dens shall on a view of the premises, determine whether the said middle pier shall be erected, or that a platform shall be laid consent of the on piles, from the outer pier to the wharf already erected, as the one or other shall be most conformable to the meaning, and intent of this act.

wardens.

erecting

District of

Southwark, without the

SECT. VI. And be it further enacted by the authority aforesaid, Prohibition of That from and after the passing of this act, it shall be the duty wharves in the of every person, intending to erect a pier or wharf, in the river Delaware, in the district of Southwark, to exhibit a plan of the same to the wardens of the port of Philadelphia; and if the consent of the plan so exhibited is on examination, found to be conformable to wardens &c. the provisions of this act, the wardens shall in writing, signify Penalty for so their assent to the same; and if any person or persons shall doing or assist hereafter erect or cause to be erected, or if any master working therein.

To what use the penalty to be applied.

Proviso as to wharves west of Wharf. street.

man or undertaker, shall be aiding or assisting, in erecting or sinking any pier or wharf contrary to the provisions of this act, he she or they on conviction thereof, shall forfeit and pay to the commissioners of the district of Southwark, for the use of paving the streets of the said district, the sum of four thousand dollars, to be by them recovered in any court of record in the county of Philadelphia: Provided always, That any thing contained in this section, shall not extend to any wharf or pier which shall be sunk west of Wharf-street.

SIMON SNYDER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the seventh day of April, in the year one thousand eight hundred and seven.

THOMAS McKEAN.

CHAPTER CVII.

An ACT vacating a part of the old York road, and authorizing the court of quarter sessions of Montgomery county to direct a new road to be laid out in place thereof.

HEREAS it has been represented to the legislature, that

W in pursuance of an order of the Governor and council

of the then province of Pennsylvania, passed in the year one thousand seven hundred and twelve, a provincial or state road was laid out from John Reading's landing on the river Delaware, to the city of Philadelphia: That the said commissioners did not direct of what width the said road, commonly called the old York road, should be; and that the persons employed to open the same did not do it upon the ground intended by the com

missioners; and for want of certain and permanent marks at the different angles of the road as laid out by the commissioners, and from the lapse of time, it is not now practicable to ascertain with certainty where the road was originally laid: That in consequence of this, disputes have arisen among the persons holding lands on the said road, involving the peace and harmony of the neighbourhood: And whereas, doubts have arisen as to the power of the ordinary courts of the proper county to remedy those evils, inasmuch as the said road is considered as a state road: For remedy whereof,

SECTION I. 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 so much of the road commonly called the old York road, Part of the as lies between the termination of the Cheltenham and Willow old York road vacated. Grove turnpike, and the south-west boundary of Bucks county, be, and the same is hereby vacated; but the same shall never- But to retheless be, and remain, and be used and occupied as it now is, main open for and during the space of one year from the passing of this act; for the space and if any person or persons within the time aforesaid shall, by Encroachbuildings or otherwise, encroach upon the said road as it is now ments on the used and known, he or they shall be liable to indictment for the road for that same, and the court after judgment may direct the nuisance time made

forthwith to be removed.

of one year.

punishable.

Who are dis

SECT. II. And be it further enacted by the authority aforesaid, That the court of quarter sessions of Montgomery county, is hereby is be ap authorized and required immediately after the passing of this pointed po pointed to act, to appoint a jury of twelve men to view the said road, no view the one of which jury shall be owners of real estate adjoining the road. said road; and if the said jury or any seven of them shall be of qualified, opinion that the said road as it now runs, and is known and oc- &c. cupied, is of sufficient width and of proper courses in the said county, they shall cause the same to be accurately surveyed, and some permanent mark to be placed on the west side of the road at its commencement and termination, and on the same side at the different angles thereof, and make return of their proceedings to the court aforesaid; and if the court approve and confirm the same, it shall thereafter be and remain a county road, subject to the same regulations as to the repairs thereof, and remedies for nuisances as any other county road in this commonwealth: Provided always, That the expence incurred in examining and laying out the said road shall be discharged by the county of Montgomery.

viewers,

SECT. III And be it further enacted by the authority aforesaid, In case a maThat if the said viewers or any seven of them shall be of opin- jority of the ion that the said road, as it is now occupied and known, requires should not ap to be increased in width or altered in its courses, the said jury or prove of the any seven of them are authorized to increase the width and alter courses,

width and

to alter the same and

ceedings, sav

the courses of the said road, and make return of their proceedmake returns ings to the court aforesaid, saving to all parties their right of inof their pro- demnification, agreeably to the provisions of the act, entitled ing the rights "An act for laying out, making and keeping in repair the indemnifica- public roads and highways within this commonwealth, and for laying out private roads." And if the court approve and confirm the report of the jury aforesaid, it shall be and remain a county road, subject to the same regulations as other county roads within this commonwealth.

of

tion.
And if the

court confirm

the same to be a county

road.

SIMON SNYDER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the seventh day of April, in the year one thousand eight hundred and seven.

THOMAS M‹KEAN.

Sixty acres of land in Nor.

county, gran.

CHAPTER CVIII.

An ACT vesting a title to sixty acres of land in Mahonoy township, Northumberland county, in certain trustees and their successors, for the benefit of a congregation composed of Presbyterians and Lu

therans.

WHE

HEREAS it has by petition been represented to the legislature by the members of a congregation composed of Presbyterians and Lutherans, that the said congregation have erected a house for public worship and a school-house, on a tract of land containing about sixty acres, situate in Mahonoy township, in Northumberland county, which tract is the property of the commonwealth; that the land is of inferior quality and but little improved, and the congregation but few in number, and not wealthy; they therefore have prayed the legislature to vest a title in certain trustees and their successors, for the benefit of the said congregation, in enabling them to promote piety and diffuse useful learning: And whereas, it is just and consistent with a generous policy which ought to be pursued in a republican government to aid their less wealthy citizens in establishing useful institutions: Therefore,

SECTION I. Be it enacted by the Senate and House of Represen thumberland tatives of the Commonwealth of Pennsylvania, in General Asted to trustees sembly met, and it is hereby enacted by the authority of the same, for the use and That the officers of the land office are hereby authorized and benefit of the required to issue a warrant, and complete a title on receiving the of Mahonoy usual office fees, for sixty acres of land situate in Mahonoy towntownship, composed of ship, in Northumberland county, and adjoining lands of Adam Presbyterians Campbell, Nicholas Bob, Anthony Dockey and Jacob Yeagley,

congregation

Luthe..

unto Adam Lenker, esquire, and John Bingman, and their successors, in trust and for the sole use and benefit of the congrega→tion of Mahonoy township, composed of Presbyterians and Lutherans.

SIMON SNYDER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED-the seventh day of April, in the year one thousand eight hundred and seven.

THOMAS MOKEAN.

CHAPTER CIX.

An ACT to enable David Mahon, John Simpson and others, to restore a stream of water, in the neighbourhood of Shippensburgh in the county of Cumberland to its ancient course, and for other purposes therein mentioned.

W

?HEREAS it has been represented by David Mahon, John Simpson and others, inhabitants of Shippensburgh and its vicinity of Cumberland county, that they labour under great inconvenience from the want of water in their wells, and through their farms, occasioned as they conceive from a sudden termination of an ancient stream, by the waters wholly sinking into the ground, on the plantation of a certain Adam Myer, in the same neighbourhood, and passing off through a subterraneous channel without making its appearance again: And whereas, it is manifest, that unless the said stream can be restored to its former course, the real property in the village of Shippensburgh and the farms adjacent, will daily diminish in their value, and thereby occasion a loss to the public, as well as to the said inhabitants: And whereas, no contract can be entered into with the said Adam Myer to restore said stream of water to its ancient course, that will effectually secure the right thereof to said inhabitants, by reason of the said Adam Myer having long since mortgaged his said plantation: And whereas, there are certain cases, in which the property of an individual with just compensation therefor, must yield to the public good, and the present in the opinion of the legislature being one: Therefore,

and others au

lands, now in

SECTION I. Be it enacted by the Senate and House of Representa- David Mahon tives of the Commonwealth of Pennsylvania in General Assembly thorized to met, and it is hereby enacted by the authority of the same, That enter on the David Mahon, John Simpson, George McCandless, Robert the tenure of Porter, John Duncan, and their associates or agents of the Adam Myer, county aforesaid, or either of them, shall have full power and au- Cumberland thority, to enter into and upon a certain tract of land now in the county for the purpose of resrenure and possession of a certain Adam Myer, situated in the toring a stream

situate in

of water to its ancient course.