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proceedings to the said justices at their next court of quarter sessions by whom such warrants shall be respectively issued; and if any such supervisor or supervisors of the highways to whom such warrant shall be directed shall refuse or neglect to discharge and perform the duty thereby enjoined and required of him or them, he or they so offending and being thereof legally convicted by a jury of the country or by his or their own confession before the said justices in the said court of quarter sessions shall, for every such offense, forfeit and pay to the commissioners respectively of the rivers or streams in which any such device or obstruction shall be erected the sum of ten pounds, to be applied towards clearing said rivers and streams respectively; and if any inhabitant so summoned shall refuse or neglect to attend in person or to send another able person in his room to assist in throwing down, removing and destroying such weir, rack, dam, basket, pound or other device or obstruction aforesaid so erected, built or set up in such manner as the aforesaid supervisor or supervisors shall order and direct, he shall forfeit and pay the sum of ten shillings for every such offense to the said commissioners respectively to be applied towards clearing the said rivers and streams respectively, to be recovered and levied as debts under forty shillings are by law directed to be recovered and levied.

And to prevent any delay that may happen through the default of any of the said justices, supervisors of the highways or persons so summoned:

[Section VI.] Be it enacted by the authority aforesaid, That it shall and may be lawful to and for any person or persons whatsoever to break, throw down, remove and destroy all or any such weir or weirs, dams, racks, baskets, pounds or other device or obstruction whatsoever, built, erected or set up, or to be built, erected or set up, within the aforesaid rivers and streams (except such devices as shall be erected, built and set up by the commissioners aforesaid), and that every person or persons who shall assault, hinder or obstruct any person in pulling down, breaking, removing or destroying any of the aforesaid devices. or obstructions in any part of the rivers or streams aforesaid, or any of them, and being thereof legally convicted before any

one of the said justices of the said courts, shall forfeit and pay for every such offense to the said respective commissioners five pounds, lawful money as aforesaid, one moiety thereof for and towards clearing the respective rivers and streams as aforesaid, and the other moiety to the person or persons assaulted or obstructed in removing or destroying any of the aforesaid devices or obstructions, to be recovered by a warrant from any of the said justices as debts of five pounds or under are recoverable by the laws of this province.

And for the more effectual detecting and punishing offenders against this act:

[Section VII.] Be it enacted by the authority aforesaid, That the constable of each respective township which shall be bounded by or adjoin to any part of the said rivers and streams shall and he is hereby enjoined and required, under the penalty of five pounds, to be recovered and applied in manner last aforesaid, at some time within two weeks before each county court carefully and diligently to inspect and view such parts of the said rivers and streams as shall be adjoining to his respective township, and having any knowledge of any offenses against this act he shall forthwith give information to some justice of the peace, who shall immediately issue his warrant to the supervisors of the highways aforesaid for the purposes aforesaid, and the said constable shall also present on oath or affirmation every such offense to the justices of the court of quarter sessions of their respective counties, together with the name and names of such offender or offenders, that he or they may be tried according to the directions of this act, which oath or affirmation the said justices are hereby required duly and carefully to administer.

And whereas some doubts may arise in which of the said counties the offenses committed within the said rivers against this act ought to be tried:

For removing whereof:

[Section VIII.] Be it enacted by the authority aforesaid, That all and every such offense and offenses which shall be committed within the said rivers or streams, or either of them, shall be laid to be committed in any or either of the said counties join

ing on that part of the said rivers where such offense shall be committed.

Provided always nevertheless, That nothing herein contained shall be held, deemed, taken or construed to prevent, prohibit or obstruct the said commissioners from making, erecting or setting up any dams, pens for water locks or other works or devices in the said rivers or streams which they shall think necessary to aid, assist or improve the navigation of the same, or by any means whatsoever to lessen, diminish or destroy the powers and authorities hereinbefore given and invested in them, or to compel or oblige, authorize or empower, any justice or justices, either in or out of their sessions as aforesaid, or any supervisor or supervisors of the highways or any other person whatsoever, to pull down, destroy or remove such dams and other devices as the said commissioners shall erect or set up in pursuance of this act; but all and every such dams and other devices aforesaid the said supervisors and all other persons whatsoever are hereby enjoined and required to suffer the same to remain unmoved, anything hereinbefore to the contrary in any wise notwithstanding.

Provided always, That no dam, water lock or other device so made, constructed or erected by the said commissioners shall at any time or times be appropriated to the private use or benefit of any person or persons whatsoever.

[Section IX.] And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall presume to divert, lead or draw out at any time or times, by any race or other device whatsoever, any water or any part of the said rivers or streams, or any of them, from their natural course or channel for any use or purpose whatsoever.

[Section X.] Provided also, That nothing in this act contained shall be deemed or construed to enable the said commissioners to clear the said river Susquehanna of and from the natural obstructions in the same to the southward of Wright's Ferry.

[Section XI.] And be it enacted by the authority aforesaid, That the said commissioners shall, once in every year, make report of their transactions in clearing, scouring and rendering

navigable the said rivers and streams to the assembly of this province for the time being, and shall lay before them a faithful and just account of all and every sum and sums of money by them had and received for the clearing the said rivers and streams and in what manner the same shall be expended and laid out, that the same may be adjusted, settled and allowed.

[Section XII.] And be it enacted, That so much of the act of assembly passed in the first year of His present Majesty's reign, entitled "An act for the preservation of the fish in the rivers Delaware, Susquehanna and Lehigh, commonly called the Western Branch of Delaware," 1 as relates to the obstructions in the river Susquehanna above Wright's Ferry, shall be and is hereby repealed and made void.

Passed March 9, 1771. Referred for consideration by the King in Council, October 9, 1771, and allowed to become a law by lapse of time in accordance with the proprietary charter. See Appendix XXIX, and the note to the Act of Assembly passed March 14, 1761, Chapter 463; and the Acts of Assembly passed March 9, 1771, Chapter 638; January 22, 1774, Chapter 694; March 21, 1783, Chapter 1025; March 31, 1785, Chapter 1155; October 4, 1788, Chapter 1377; September 11, 1789, Chapter 1432; (the two Acts of Assembly passed) April 5, 1793, Chapters 1670, 1672; April 8, 1793, Chapter 1678; April 10, 1793, Chapter 1681; February 5, 1794, Chapter 1710; April 8, 1794, Chapter 1730; September 22, 1794, Chapter 1786; February 21, 1795, Chapter 1801; February 25, 1795, Chapter 1798; March 13, 1795, Chapter 1809; April 11, 1795, Chapter 1829; February 13, 1796, Chapter 1871; March 17, 1796, Chapter 1882; April 4, 1796, Chapter 1906; February 7, 1797, Chapter 1914; April 8, 1799, Chapter 2063; April 11, 1799, Chapter 2089; March 12, 1800, Chapter 2126; January 2, 1801, Chapter 2156; February 19, 1801, Chapter 2186; March 29, 1802, P. L. 122; January 22, 1803, P. L. 298; (the two Acts of Assembly passed) February 11, 1803, P. L. 343, 345; March 23, 1803, P. L. 389; March 5, 1804, P. L. 197; April 1, 1805, P. L. 209; March 17, 1806, P. L. 463; March 4, 1807, P. L. 42; March 16, 1807, P. L. 74; March 7, 1810, P. L. 51; April 2, 1811, P. L. 259; March 29, 1813, P. L. 237; (the two Acts of Assembly passed) March 26, 1814, P. L. 200, 210; (the two Acts of Assembly passed) March 1, 1815, P. L. 57, 59; March 13, 1817, P. L. 107; March 24, 1817, P. L. 179; March 23, 1818, P. L. 227; March 27, 1819, P. L. 188; (the three Acts of Assembly passed) March 28, 1820, P. L. 144, 150, 174; March 26, 1821, P. L. 101; April 1, 1822, P. L. 117; (the three Acts of Assembly passed) April 2, 1822, P. L. 126, 188, 292; March 31, 1823, P. L. 246; February 9, 1824, P. L. 242; March 25, 1825, P. L. 112; April 11, 1825, P. L. 235; (the Resolution of) April 7, 1826, P. L. 415; (the two Acts of Assembly passed) April 10, 1826, P. L. 339, 351; March 2, 1827, P. L. 57; April 9, 1827, P. L. 189; April 16, 1827, P. L. 446; 1 Passed March 14, 1761, Chapter 463.

April 9, 1828, P. L. 247; March 3, 1829, P. L. 53; April 23, 1829, P.
L. 285; (the two Acts of Assembly passed) January 17, 1831, P. L.
21, 22; February 17, 1831, P. L. 72; (the Resolution of) April 4, 1831,
P. L. 508; March 30, 1832, P. L. 233; May 3, 1832, P. L. 423; April 6,
1833, P. L. 160; April 1, 1834, P. L. 148; April 14, 1834, P. L. 438;
March 4, 1835, P. L. 51; (the two Acts of Assembly passed) April
16, 1838, P. L. 614, 637; March 21, 1839, P. L. 123; March 17, 1840,
P. L. 144; June 13, 1840, P. L. 679; March 29, 1841, P. L. 117; April 5,
1842, P. L. 230; April 4, 1844, P. L. 186; April 13, 1846, P. L. 297;
March 24, 1848, P. L. 263; (the two Acts of Assembly passed) April
2, 1850, P. L. 316, 319; April 26, 1850, P. L. 589; April 23, 1852, P.
L. 411; April 18, 1853, P. L. 721; May 5, 1855, P. L. 453; March 10,
1857, P. L. 73; April 24, 1857, P. L. 306; March 31, 1859, P. L. 335;
March 23, 1865, P. L. 663; March 30, 1866, P. L. 370; April 12, 1866,
P. L. 862; January 7, 1867, P. L. 1368; April 10, 1867, P. L. 1067;
April 9, 1868, P. L. 77; March 27, 1869, P. L. 557; April 8, 1869, P. L.
19; April 2, 1870, P. L. 821; April 6, 1870, P. L. 17; March 3, 1871, P.
L. (1872) 1255; March 28, 1871, P. L. 237; May 9, 1871, P. L. 642;
May 12, 1871, P. L. 799; May 24, 1871, P. L. 275; April 5, 1872, P. L.
965; April 10, 1873, P. L. 621; April 28, 1873, P. L. 82, 886; June 5,
1874, P. L. 276; June 3, 1878, P. L. 160; June 11, 1879, P. L. 154; June
10, 1881, P. L. 92; June 27, 1883, P. L. 163; May 23, 1887, P. L. 165;
May 22, 1889, P. L. 267; April 15, 1891, P. L. 19; May 12, 1891, P. L.
52; June 24, 1895, P. L. 241; (the three Acts of Assembly passed)
June 25, 1895, P. L. 286, 295, 299; May 6, 1899, P. L. 17; May 29, 1901, P.
L. 302.

CHAPTER DCXXVIII.

AN ACT FOR VACATING A PART OF A ROAD IN THE TOWNSHIP OF PASSYUNK AND FOR CONFIRMING A NEW ROAD LAID OUT AND MADE INSTEAD THEREOF.

Whereas in pursuance of an order of the county court of quarter sessions for the county of Philadelphia, a public road was laid out in the township of Passyunk, from the end of Joseph Sims's lane to the river Schuylkill:

And whereas a part of the said road running on the side of Sepicken creek, down the several courses thereof, from the place of beginning of the road hereinafter mentioned, to the river Schuylkill, and also a private road leading from the same over the dam across said creek, are found not only injurious to the

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