ན་ taking out new warrants for lands upon which old warrants have been laid, or which have been acquired by any other office-right: Therefore, ses. SECT. II. And be it further enacted by the authority aforesaid, That before any warrant issues from the land-office for any land Proceedings on obtaining within the said purchases, the person for whose use and in whose warrants for name such warrant is applied for, shall declare upon oath or affi- land, within mation, in addition to the usual proof required by the officers said purchaof the land-office, to be taken and subscribed before some one of the judges of the court of common pleas, or justice of the peace of the county in which such lands lie, or before the secretary of the land-office, that according to the best knowledge and belief of the deponent, no warrant or other office-right had issued for such land in the name of such deponent or of any person or persons under whom he claims, and if at any time thereafter it should appear that the persons deposing as aforesaid, or any of them, shall knowingly have sworn falsely, such person or persons shall suffer all the pains and penalties of perjury. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the thirteenth day of April, one thousand eight hundred and seven. THOMAS M‹KEAN. CHAPTER CXLIV. A SUPPLEMENT to an act, entitled " An act to erect part of Lycoming, Huntingdon and Somerset counties into separate county districts." WH HEREAS three commissioners were appointed by the Governor, in pursuance of an act, entitled "An act to erect parts of Lycoming, Huntingdon and Somerset counties, into separate county districts," passed on the twenty-sixth day of March, one thousand eight hundred and four, to run and mark the boundary lines of the counties of McKean, Potter and Tioga; and one of the commissioners is deceased and another has declined to act, in pursuance of said appointment, and but a small part of the duty remains to be performed: Therefore, 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 George Ross, George one of the said commissioners be, and he is hereby authorized Ross emto complete the running the boundary lines of the counties of powered to McKean, Potter and Tioga, and to return the map or draft of complet" the bou Potter and Geo Ross. ry lines of the lines of the said counties, to the Secretary of the Commonthe counties of McKean, wealth, to be deposited in his office, which return so to be made shall have the like effect as if the same had been executed and returned by all the commissioners appointed for that purpose, in pursuance of the said act; and there is hereby allowed to allowance to the said George Ross, in addition to the compensation allowed by the said act, the sum of seventy-five cents for every mile run and marked, to be paid out of the treasury of the Commonpart of which, he is wealth, on a warrant drawn by the Governor; the said George to account Ross to be accountable to the legal representatives of William heirs of Wil. Ellis, deceased, for such part of the additional compensation as shall be in proportion to the services rendered by William Ellis, in his life time. A certain for to the liam Ellis. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED-the thirteenth day of April, one thousand eight hundred and seven. THOMAS McKEAN.. for each merated counties. CHAPTER CXLV. An ACT concerning Strays. SECTION I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in Ge neral Assembly met, and it is hereby enacted by the authority of the A town clerk same, That it shall and may be lawful for the inhabitants of the to be chosen respective townships in the counties of Philadelphia,Bucks,Chestownship, in ter, Lancaster, Northampton, Wayne and Delaware, who are certain enu- qualified electors, when they meet at the usual time and place for electing supervisors of the highways, also to elect in the same manner, some fit person for a town clerk; and the judges of the election shall certify the same to the court of quarter session, the clerk of which shall make record thereof, as records of the election for constables usually are made; and if such person so elected, shall neglect or refuse to serve as town clerk not serving, or to perform any or all the duties hereinafter enjoined upon him, he shall forfeit and pay the sum of ten dollars, to be paid into the county treasury and applied as other county monies usually are: Whereupon the court of quarter sessions shall appoint some other fit person to fill his place; and it shall be the duty of such clerk, so appointed or elected and consenting to serve, immediately thereafter at the expence of their respective townships, to provide a book or books as often as the same shall be necessary, for the purposes hereinafter mentioned, to be kept at Penalty for &c. or as near as conveniently may be to the place of holding township elections, the price of which shall be paid out of the d: monies raised for the purpose of repairing the roads. be found. delivered to the town SECT. II. And be it further enacted by the authority aforesaid, Strays found That if any person shall discover upon his, her or their improved within incloand inclosed lands, any stray cattle, horse or sheep, it shall and sed lands to be taken up. may be lawful for such person or persons to take up the same; Notice and it shall be the duty of such person or persons to give notice thereof to be thereof to the owner of such stray, if he or she can be readily given to the found, but if otherwise, such person as aforesaid, shall within owner, if to four days deliver to the town-clerk aforesaid, a particular de- Otherwise a Iscription of the color and marks, natural or artificial, of such description stray or strays, in writing or other satisfactory way; and for thereof to be every neglect or refusal to do the same, he or she shall forfeit and pay the sum of five dollars, to be recovered as debts of a similar clerk. amount are by law recoverable; and it shall be the duty of the Penalty for town-clerk, subject to like penalty for neglect or refusal to make neglecting an entry of the same in the book aforesaid, for which entry so made, the said clerk shall receive for each head of horse kind, Entry of such stray to fifty cents; and for each head of cattle, twenty-five cents; be made by for every sheep, six cents; to be paid by the person delivering the town such notice aforesaid; and such person may detain such stray clerk in his or strays, until the owner thereof shall reimburse him or her the expence of such entry, and also pay all reasonable charges His compenof publishing such notice, which shall not exceed the sum of six sation. cents per mile, to be estimated from the residence of the person Such stray taking up such stray or strays, to the place of keeping the book to be detainaforesaid, and also all reasonable expence for keeping such stray owner reimor strays, as well as the damage which may have been done by burse all the same. to do so. book. ed until the reasonable ed. SECT. III. And be it further enacted by the authority aforesaid, charges. That if the owner of any such stray or strays taken up as afore- Proceedings, in case said, shall appear and neglect or refuse to make or tender a rea- the owner of sonable satisfaction to the party injured, for the damages sus- the stray aptained by such trespass, and for the cost of keeping such stray, pear and refuse to make or if such person or persons detaining such stray, shall not ac- satisfaction cept the said satisfaction, it shall be lawful for either of the par- for the damties aforesaid, to complain to any justice of the peace of ages sustain. the proper township or county where such stray shall be taken up as aforesaid, who shall upon such complaint and application issue his warrant directed to three disinterested and honest freeholders of the neighborhood, commanding and enjoining them forthwith to view the trespass, to value and appraise the same, having due regard to the sufficiency of the fence of such enclosure, with the expence and cost of keeping the said stray or strays, to make report thereof to him the said justice with all convenient speed; which said valuation and appraisement and return, they, the said Freeholders are hereby enjoined and required to make according. ly; and if the said valuation and appraisement shall not amount to more than the sum of money tendered to the party injured, a a recompence for the damage done as aforesaid, before such complaint made, then the said justice shall give judgment for the same only, to the party refusing such tender, and award reasonable costs; but if the said valuation shall amount to more than the sum tendered, or if no such tender be made, then and in that case the said justice shall award and give judgment for the valuation aforesaid, to the parties injured, with reasonable costs for keeping the stray aforesaid, (to be estimated from the time of giving notice as aforesaid,) against the other party, and shall award execution upon every such judgment, with costs of suit accordingly: Provided, That the said valuation and appraisement come within the jurisdiction of the said justice, but if not, then the said damage shall be recovered as debts of an equal amount And in case are by law recoverable: And provided always, That if no owner the owner be for any such stray shall have been found, within thirty days after the same shall have been taken up, then, and in that case, the person taking up the same, shall not be entitled to receive any compensation for the damages done by the same, unless he shall within six days thereafter, have given notice to three disinterested freeholders to value and ascertain the amount of the same, which they are hereby authorized and required to do forthwith, and to make report thereof on oath or affirmation, to any justice of the peace residing in the proper township, who shall, when the owner of such stray shall be found, upon his or her neglect or refusal to pay the same, give judgment and award execution with costs as aforesaid: And provided also, That if the amount of the said appraisement and valuation, be not within the jurisdiction of a justice of the peace, the said damage may be sued for before any court of competent jurisdiction, and in all cases before a justice, the defendant or plaintiff shall have like benefit of stay of execution or appeal, as is given under the existing laws relating to justices of the peace. not found within thirty days after the stray shall have been taken up. In what cases strays SECT. IV. And be it further enacted by the authority aforesaid, That if no owner shall appear, within thirty days after any such may be sold stray shall have been taken up, it shall be the duty of the perto defray the son taking up the same, to cause an advertisement, particularly keeping, &c. describing such stray, to be published at least in one newspaper and proceed- in the proper county, if any there be, but if otherwise, to pubings previous lish the same, by written or printed advertisements, which shall to such sale. be put up at six or more public places in the county; and if no costs of owner shall appear and make out his or her property in the said stray or strays, within ninety days after the publication of such advertisements as aforesaid, the person taking up the same, shall make application to any justice of the peace in the said town ship, who is hereby authorized and required to issue his warrant to any constable within the township as aforesaid, and cause him to expose the said stray or strays to public sale, first giving at least ten days notice in three or more public places in the said , township, and after he shall have sold the same, he shall make a return thereof to the said justice, who shall after the payment of all reasonable charges, and damages, and cost of keeping as How the aforesaid, pay over the surplus, if any there be of such sale, to the proceeds surplus of the county-treasurer; but if the owner of such stray or strays of sale is to shall appear within one year after such sale, and prove his, her be disposed or their property, to such stray or strays, the said justice, or any other in the county, shall certify the same to the county treasurer, who shall pay to the said owner, the whole amount of such surplus aforesaid, but if no owner shall appear within the time limited as aforesaid, he or she shall be thereafter barred from all right to the same, and the money aforesaid, may be applied to such purposes as other monies in the treasury usually are. of. SECT. V. And be it further enacted by the authority aforesaid, Penalty on That if any person or persons, taking up any stray or strays, persons tashall neglect to give notice as is herein before directed, he, she king up or they, so offending, shall forfeit all right and title to, or recov- strays and neglecting to ery of any sum or sums of money for any trespass committed by give notice the same, but shall deliver up the said stray or strays so detain- as aforesaid. ed to the owner thereof, without any recompence, fee, or reward, whatsoever. at all times SECT. VI. And be it further enacted by the authority aforesaid, The books of That the books to be kept as aforesaid, by the respective town- the respecclerks of each township, shall be at all times kept open and free tive town for any person or persons, who at any time may have occasion clerks to be, to search therein, for any such stray; and for which search, such open for inclerk shall not ask or receive any fee or reward, under the penal- spection. ty of three dollars, to be recovered by the party aggrieved, in manner aforesaid, with costs of suit. SECT. VII. And be it further enacted by the authority aforesaid, That from and after the first day of March next, the act, entitled "An act for erecting pounds in each township in this province," and the act, entitled "An act concerning cattle, horses, and sheep trespassing within this province," be, and the same are severally hereby repealed, so far as they relate to the counties mentioned in this act, and this act shall then be in full force and operation. SIMON SNYDER, Speaker of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the thirteenth day of April, one thousand eight Former acts repealed. hundred and seven. THOMAS M‹KEAN. |