pleas, on cer be final; alderman, the judgment of the court of common pleas thereon tiorari's, to shall be final, and no writ of error shall issue thereon, and a- and awards wards made out by referees though not under seal, shall be good good, and available. though not under seal. Where a SECT. X. And be it further enacted by the authority aforesaid, That in all cases where a warrant, or capias on original process, may be issued against the person of a debtor, it shall and may warrant or be lawful for the proper constable of any township, town, ward the constable capias issue, or district, to take bail for the appearance of the defendant be- authorized fore the justice from whom said warrant or capias may have been to take a bailissued, in the following words: "We A B and C D, are held bond for the and firmly bound unto E F, constable of appearance in the sum of of the defen on condition that the said A B shall be, and appear be- dant. fore G H esquire, justice of peace in the day of of on Form there to answer unto day of in a plea of of. do not ap pear on re the Witness our hands and seals, the return of the said warrant or capias, the defendant shall not If defendant appear and enter bail before the justice in the nature of special bail, the constable may assign the obligation aforesaid to the turn of the plaintiff, if he will accept the same, which obligation may be capias and enter special sued in the name of the plaintiff as assignee of the said consta- bail, constable; but if the bail for the appearance so takenby the constable ble may as shall be insufficient, the constable shall be liable therefor, as sign bailsheriffs now are, to the plaintiff or plaintiffs named in the bond, &c. warrant or capias, notwithstanding such assignment; but if the Where condefendant shall appear and enter special bail, the justice may stable is to proceed to the final determination of the suit according to law, Proceedings and after judgment such bail shall be proceeded against by scire if defendant facias, and shall be liable in the same manner as special bail is appear and now liable in cases in the courts of common pleas, and may surenter special render the principal to the jail of the proper county within ten days after service of the scire facias, in discharge of the bail: The bail to And provided also, That the bail to the constable may enter suf- the constable ficient special bail to the suit, or cause it to be entered at the special bail, return of the warrant or capias, in discharge of the obligation where defenwhere the defendant may neglect or refuse to appear, in which dant necase the justice may proceed in the same manner as if the defen- glects to apdant had appeared. be liable. bail. may enter pear, &c. SECT. XI. And be it further enacted by the authority aforesaid, The original That the act entitled, " An act for the recovery of debts and act except, demands not exceeding one hundred dollars before a justice of &c. made perpetual. the peace, and for the election of constables, and for other purposes," except the twenty-first section thereof, be, and the same is hereby made perpetual. SECT. XII. And be it further enacted by the authority aforesaid, Parts of the That the first and fifteenth sections of the act to which this is original act a supplement, be, and they are hereby repealed. repealed. ers of the lottery. Sum to be raised. How to be appropriated. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate, We do hereby certify, That the bill entitled "A supplement to and making perpetual an act entitled, an act for the recovery of debts and demands not exceeding one hundred dollars, before a justice of the peace, and for the election of constables, and for other purposes therein mentioned, was presented to the Governor on Thursday, the twenty-sixth ultimo, but was not returned by him within ten days, (Sundays excepted) thereafter, and agreeably to the constitution it has become a law. Lancaster, } GEO. BRYAN, Clerk of the Senate. : CHAPTER CXI. An ACT to raise by way of lottery a sum of money, to defray the expences incurred by the Tustees of the Lutheran Cong egation, in and near the village of Strasburgh, in the county of Lancas ter. B SECTION I. E it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in GeCommission- nerel Assembly met, and it is hereby enacted by the authority of the same, That Michael Withers, George Withers, William Duffield, esq. John Kerr, esq. James Whitehill, Jacob Baer, Nathaniel Sample, junr. John Baer, Isaac Burrows, Abraham Huber, and Moses Hemor, be, and they are hereby appointed commissioners, to raise by way of lottery a sum of money not exceeding six thousand dollars, to be by them applied to the payment of the debts, and completing of a church for the use and accommodation of the Lutheran congregation, in and near the village of Strasburgh, in the county of Lancaster. Commission- SECT. II. And be it further enacted by the authority aforesaid, ers to lay the That the said commissioners, before they proceed to sell any tickets in the lottery aforesaid, shall lay such scheme thereof before the Governor as shall meet his approbation, and enter into bonds to him for the due performance of their duty in sellduties of the ing the tickets, drawing the lottery, and paying the prizes; and commission- each of them, before entering on the duties of his appointment, shall take and subscribe an oath or affirmation, diligently and faithfully to perform the duties hereby intrusted to him, and two or more of said commissioners shall attend at the drawing scheme of the lottery before the Governor, and other ers. of each day; and when the whole is completed shall cause an accurate list of the fortunate numbers to be published in the English and German papers printed in the borough of Lancaster, and shall pay and discharge the prizes that shall be demanded by persons legally entitled thereto, within forty days after the drawing shall be completed. SECT. III. And be it further enacted by the authority aforesaid, That the said commissioners be, and and they are hereby au- and pay all To adjust thorized to settle and adjust all the accounts which may be ex- debts incurhibited by any person or persons legally employed in carrying red under this act into effect, and that all expences attending the same shall be paid by the said commissioners out of the proceeds of the said lottery. this act. SECT. IV. And be it further enacted by the authority aforesaid, That all prizes not demanded within twelve months next after What prizes publication as aforesaid, shall be considered and deemed as re- to be considlinquished for the benefit of the aforesaid congregation. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the ninth day of April, one thousand eight hun dred and seven. ered as relinquished for the benefit of the scheme. THOMAS MOKEAN. CHAPTER CXII. A SUPPLEMENT to an act, entitled "An act to erect Somerset SECTION I. BE it enacted by the Senate and House of Representa- chosen with neral Assembly met, and it is hereby enacted by the authority of the same, That the inhabitants of the borough of Somerset, shall elect at Further offi the time and place and in the same manner as the other borough cers to be officers are elected, two persons for street-commissioners, two for in the booverseers of the poor, two to serve as auditors, and one treasurer; rough of and the persons so elected shall be subject to the same fines as is provided for in the fourth section of the act to which this is Penalty on a supplement, if they neglect or refuse to perform the duties not serving. required of them by any of the laws of this commonwealth, or by law of said corporation. Somerset. cers to ren Borough offiSECT. II. And be it further enacted by the authority aforesaid, That the street-commissioners, overseers of the poor, treasurer, der their acconstable, clerk of the market, as well as all other officers that counts for may be appointed for the corporation or council, shall render settlement, their accounts to the auditors once in every year for settlement annually to the auditors who having adjusted shall cause them to be published. and the said accounts being adjusted and settled accordingly, shall be forthwith published by said auditors shewing particularly the amount of taxes laid and collected, and of the expendi tures. SECT. III. And be it further enacted by the authority aforesaid, Duty of the That it shall be the duty of the high-constable to give notice of high consta- the annual elections of the said borough in the same manner as is directed in the second section of the act to which this is a supplement, for special election. ble. SECT. IV. And be it further enacted by the authority aforesaid, Borough tax-That no tax shall be laid in any one year on the valuation of es limited. taxable property exceeding one half cent in the dollar, unless some object of general utility shall be thought necessary, in which case a majority of the freeholders resident in said borough by writing under their hands shall approve of the same, and thereupon the council shall proceed to assess such sum as may be necessary. To be two SECT. V. And be it further enacted by the authority aforesaid, Of the week. That it shall and may be lawful for the inhabitants of the said by markets. borough, to hold at the place selected for that purpose within the said borough, two markets in each week; that is to say, one on Wednesday and one on Saturday in every week of the year for ever, and two fairs, the first to begin on the first Monday of fairs annual- June in the year one thousand eight hundred and seven, and the other of said fairs to begin on the fourth Monday of September following, and on the same days annually for ever thereafter, each fair to continue two days, together with free liberties, customs, profits and emoluments to the said markets and fairs belonging or in anywise appertaining for ever. ly. far as respects the SECT. VI. And be it further enacted by the authority aforesaid, A former act that the act, entitled " An act to regulate fences and to appoint repealed, so appraisers in each township in the counties of Bedford, Northumberland, Westmoreland, Washington and Fayette, and to encourage the raising of swine," passed the twenty-seventh day of March, one thousand seven hundred and eighty-four, be and the same is hereby repealed, so far as the same respects and is, in force in the borough of Somerset, in the county of Somerset, agreeably to the now limits of the said borough. town of So merset. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the ninth day of April, in the year one thou sand eight hundred and seven. THOMAS M‹KIAN. CHAPTER CXIII. An ACT authorizing the President of the United States to open a Road through that part of this State lying between Cumberland, in the State of Maryland, and the Ohio River. 7HEREAS by an Act of the Congress of the United States, passed on the twenty-ninth day of March, one thousand eight hundred and six, entitled "An Act to regulate the laying out, and making a road from Cumberland in the state of Maryland, to the state of Ohio," the President of the United States is empowered to lay out a road from the Patomac river to the river Ohio, and to take measures for making the same, so soon as the consent of the legislatures of the several states through which the said road shall pass, could be obtained: And whereas, application hath been made to this legislature, by the President of the United States, for its consent to the measures aforesaid: Therfore, of the U.States road from the Ohio Provifo. SECTION I. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly The president met, and it is hereby enacted by the authority of the same, That the authorized to President of the United States, be, and he is hereby authorized have opened to cause so much of the said road as will be within this state, to that part of the be opened so far as it may be necessary the same should pass Cumberland to through this state, and to cause the said road to be made, regu- which lies lated and completed, within the limits, and according to the within this intent and meaning of the before recited Act of Congress state, and completed in relation thereto: Provided nevertheless, That the route laid agreeably to down and reported by the commissioners, to the President of the intent of the United States, be so altered as to pass through Uniontown, grefs. an act of Con} in the county of Fayette, and Washington in the county of Washington, if such alteration can, in the opinion of the President, be made, consistently with the provisions of an act of Congress passed March 29th 1806, but if not, then over any ground within the limits of this state, which he may deem most advantageous. SECT. II. And be it further enacted by the authority aforesaid, appointed to The perfons That such person or persons, as are or shall be appointed for the lay out and purpose of laying out and completing the said road, underthe au- road authorifed thority of the United States, shall have full power and authority to enter on the to enter upon the lands through which the same may pass, and which it may lands through upon any land near or adjacent thereto, and therefrom to take, pafs, &c. for dig, cut and carry away, such materials of earth, stone, gravel, taking the nethe purpose of timber and sand, as may be necessary for the purpose of com- ceffary materi pleting, and for ever keeping in repair said road: Provided, That als, &c. such materials shall be valued and appraised, in the same man- Such materiner as materials taken for similar purposes, under the authority ed, of this Commonwealth are by the laws thereof, directed to be valued and appraised, and a certificate of the amount thereof complete the als to be valu |