3 May 1850 § 28. together, after proclamation made or attempted to be made as aforesaid, and they are hereby required so to do, and to use all necessary force and means whatsoever for said purpose.

P. L. 670.

Ibid. § 24.

5. Every person not belonging to the police force or the military force hereafter Citizens to be paid. mentioned, who may be summoned, and aid and assist the said [mayor] in the suppression of any riot as aforesaid, in pursuance of the provisions of this act, shall be paid by the commissioners of said county of Philadelphia the sum of one dollar for each day or part of a day that he shall be so employed, upon presenting the certificate of said [mayor] that he was so summoned, and that he did so aid the officer as aforesaid.

Ibid. § 25.

Military to assist.

Pay.

Ibid. § 26.

Military indemnified after proclamation.

Ibid. § 27. Mayor's requisition conclusive evi

dences.

Ibid. § 28.

Not to impair the authority of civil officers.

Ibid. § 29.

abuse of power & misdemeanor.

6. If in any case the said [mayor] or other officer of police authorized as aforesaid shall certify in writing to the major-general or other commanding officer of the military division composed of said city and county, that there is an existing riot, tumult or unlawful assemblage within said police district or said county, which the said police force under his command is not, in his opinion, competent to suppress without further aid, and shall require the said major-general or commanding officer to assist him with the military force under his command, and the said major-general or commanding officer shall give the necessary orders to the effect, that such military force, or such part thereof as he shall deem necessary, shall be mustered immediately into the service of the commonwealth, and be subject to the laws applicable to such service, and shall proceed to any part of said city or county to restore the public peace, by suppressing such riot, tumult or unlawful assemblage, and by seizing and securing the offenders therein for trial and punishment according to law; and it shall be lawful for said military force to proceed in suppression of such riot, tumult or unlawful assemblage as aforesaid by such military force, and in like manner as in case of war or public insurrection, and the said military force shall continue and remain in service and upon duty under military command and subordination until the said [mayor] shall certify in writing to the said major-general or commanding officer that said riot, tumult or unlawful assemblage is entirely suppressed; and the military body so called into service shall be entitled to be paid while on actual duty as follows, to wit: two dollars a day to the privates, non-commissioned officers and musicians, and four dollars a day to the commissioned officers, and two dollars a day for each horse employed, which sum shall include all expenses of subsistence; the amount thereof, together with the expense of their ammunition and artillery used on such duty, shall be paid out of the treasury of said county; but such military body shall not be required to march to the place of any such riot, tumult or unlawful assemblage, until after the said [mayor] or other person authorized by this act to make procla mation as aforesaid, in an audible voice, and as near to the rioters or persons unlawfully assembled as he can safely and with convenience go, shall have commanded such rioters or persons unlawfully assembled, and all other persons not being then and there on duty as police or a part of his posse, civil or military, to return to their lawful homes and business.

7. After proclamation made or attempted to be made as aforesaid, and the continuance of said unlawful, riotous or tumultuous assemblage, notwithstanding the same, the said [mayor] and police, and all and every person or persons so aiding and assisting them, and the said military force, shall be wholly discharged, held harmless and indemnified, as well against the commonwealth as against all and every other person or persons for or concerning the killing, maiming or hurting of any such person or persons so unlawfully, riotously or tumultuously continuing together as aforesaid, that shall happen to be killed, maimed or hurt in carrying out the provisions of this act.

8. The requisition of the [mayor] made as aforesaid, or other officer of police authorized as aforesaid, upon the commanding officer of any division, brigade, regiment, battalion or company, shall be conclusive evidence that the service of the military were necessary for the suppression of such riot, tumult or unlawful assemblage.

9. Nothing in this act contained shall be construed in any way to impair, diminish or restrain the duty or authority of any sheriff, coroner, mayor, alderman, justice of the peace or other officer in this commonwealth, to suppress riots and preserve the public peace; but on the contrary it is hereby expressly declared that the said power and duty, and all others the powers and duties of the sheriffs, coroners, mayors and aldermen, justices of the peace and other officers, shall continue and remain in as full force as they are at common law, or by virtue of any act of assembly.

10. The said [mayor], lieutenants of police and policemen hereby organized, for Neglect of duty or any neglect of their duties, or abuse of the powers hereby granted, shall, upon complaint duly made to the judges of the court of quarter sessions for the county of Philadelphia, by any citizen or other person aggrieved, be examined as to the justness of said complaint, and if, upon examination, said judges, or any one of them, shall be satisfied that there is sufficient cause to bind him over, the said party or parties shall thereupon be bound over to take his or their trial for a misdemeanor in office; and upon conviction thereof, shall be punished as misdemeanors are now by law punishable.

11. In all cases(d) where any dwelling-house or other building or property, real 31 May 1841 § 7. or personal, has been or shall be destroyed, within the county of Philadelphia, in P. L. 418. consequence (e) of any mob or riot, it shall be lawful for the person or persons (g) County of Philadelinterested in and owning such property, (h) to bring suit against the said county phia to be liable for where such property was situated, and being for the recovery of such damages as property destroyed he or they sustained (i) by reason of the destruction thereof; and the amount which shall be recovered in said action shall be paid out of the county treasury, on warrants drawn by the commissioners thereof, who are hereby required to draw the same as soon as said damages are finally fixed and ascertained.

by a mob.

Ibid. § 8.

12. No person or persons shall be entitled to the benefits of this act, if it shall appear that the destruction of his or their property was caused by his or their who entitled to the illegal or improper conduct;(k) nor unless it be made to appear that he or they, benefit of the act. upon the knowledge() had of the intention or attempt to destroy his or their Omission to give property, or to collect a mob for such purpose, and sufficient time intervening, (m) notice of intention gave notice (n) thereof to a constable, alderman or justice of the peace, of the to destroy property ward, borough or township in which such property may be situated, or to the to bar action. sheriff of the said county;(0) and it shall be the duty of the said sheriff, alderman, constable or justice, upon the receipt of such notice, to take all legal means(p) to protect said property so attacked or threatened to be attacked, and if the sheriff, alderman, constable or justice of the peace, upon the receipt of such notice, or upon knowledge of such attack or intended riot or disturbance, shall neglect or refuse to perform his duties in the premises, he or they so neglecting or refusing shall be liable for the damages done to such property, to be recovered by an action on the case in the court of common pleas of the proper county; and shall be deemed guilty of a misdemeanor in office, and on conviction thereof, by the proper court, his commission shall be void.

Ibid. § 9.

action reserved.

13. Nothing in this act shall be construed to prevent the person or persons whose property is injured or destroyed from having and maintaining his or their action against all and every person engaged or participating in said riot or mob, to Right to personal recover full damages for any injury sustained: Provided, That no damages shall be recovered by the party injured against any of said rioters, for the same injury for which compensation shall be made by the county.

Ibid. § 10.

Commissioners may bring suit

14. It shall be lawful for the commissioners of the county, against which damages shall be recovered under the provisions of this act, to bring a suit or suits in the name of the county against any or all persons engaged or in any manner participating in said mob or riot, or against any sheriff, alderman, justice of the peace or against rioters, &c. other officer charged with the maintenance of the public peace, who may be liable by neglect of duty to the provisions of the eighth, ninth and tenth sections of this act, for the recovery of all damages, costs and expenses incurred by said county, and said suits shall not abate or fail by reason of too many or too few parties, defendants, being named therein, but the same shall, to all intents and purposes, be treated as actions of trespass brought by the owner of such property.

15. The provisions of this act shall not be construed to extend to injuries done more than one year before its passage, nor to any case for which compensation has heretofore been made.

Ibid. § 11. To what cases act to apply.

P. L. 184.

16. The provisions contained in the 7th, 8th, 9th, 10th and 11th sections of the 20 March 1849 § 1. act to which this is a supplement, be and the same are hereby extended to the county of Allegheny: Provided, That the operation of this act shall extend to Extended to Alledamages to be hereafter sustained, and shall not be so construed as to apply to gheny county. cases where damages have already been incurred.

(d) Such a law is not unconstitutional. Davidson v. New York, 2 Robertson 230. Darlington v. New York, 31 N. Y. 164.

(e) An accidental destruction by fire communicated from a building fired by a mob, is within the act. Donoghue v. Philadelphia County, 2 P. S. 230. And see Solomon v. Kingston, 24 Hun 562.

(g) Corporations are within the act. Hermits of St. Augustine v. Philadelphia County, Bright. 116. St. Michael's Church v. Philadelphia County, Ibid. 121. So are municipal corporations. Kensington v. Philadelphia County, 13 P. S. 76. So are non-residents of the county. Allegheny County v. Gibson, 90 P. S. 397.

(h) Mere possession of personal property is evidence of ownership, and in the absence of contrary evidence, is to be held conclusive. Hermits of St. Augustine v. Philadelphia County, Bright. 116.

(i) Exemplary damages cannot be given, but the jury may give the full value of the property at the time of its destruction, with interest to the time of their verdict. Hermits of St. Augustine v. Philadelphia County, Bright. 116. St. Michael's Church v. Philadelphia County, Ibid. 121.

(k) Evidence of unlawful conduct by men assembled within a church, of which the plaintiff was pastor, is

irrelevant, it being shown that he was absent from the city at the time. Donoghue v. Philadelphia County, 2 P. S. 230. See Blodgett v. Syracuse, 36 Barb. 526.

(1) Notice need only be given where the owner has knowledge of the intended attack. Donoghue v. Philadelphia County, 2 P. S. 230. Allegheny County v. Gibson, 90 Ibid. 397. Mere apprehension is not enough. St. Michael's Church v. Philadelphia County, Bright.

121.

(m) It must be proved, that a sufficient time intervened, to permit notice to have been given. St. Michael's Church v. Philadelphia County, Bright. 121.

() As to the sufficiency of a verbal notice; see Donoghue v. Philadelphia County, 2 P. S. 230. St. Michael's Church v. Philadelphia County, Bright. 121.

(0) Such notice need not, it seems, be given, if the public authorities had notice, from other sources, of the existence of an organized mob, and its threats and attempts to destroy property generally in the city. Newberry v. New York, i Sweeny 369.

(p) This does not mean all awful means; and therefore, the sheriff is not entitled to recover from the county the expense of hiring a military force to aid him in suppressing a riot. Curtis v. Allegheny County, 1 Phila. 237.

RIVERS.

See HARBOR MASTER; HARBOR REGULATIONS; LAND OFFICE; MILL-DAMS; NAVIGATION; PILOTS; PORT REGULATIONS; PORT Wardens.

28 March 1871 § 1. P. L. 237.

Right of way in certain streams.

Ibid. § 2. Parties to give bonds.

Ibid. § 3. Statement to be filed under oath.

Ibid. § 4.

Assessment of damages.

Ibid. § 5.

Proceedings where others desire to use

9. To include tenants in common.

10. Location of piers.

11. Improvement of rivers.

12. Road laws extended thereto. Application.

13. Effect of vacation.

14. To whom order directed. Bonds.
15. Confirmation as a public highway.
16. Obstructions prohibited.
17. Penalty.

1. When any person or persons have entered on or shall enter upon any creek, rivulet, run or stream, tributary to the west branch of the Susquehanna river, or any of its branches, the same not having been declared or become a public highway in its entire length, and shall have there erected or shall hereafter erect upon their own lands or upon the lands of another, under written authority, any dam or dams, cribs, wharves, piers or channels, or shall have cleared out or shall hereafter clear out and improve the said stream, for the purpose of floating lumber thereon, every such person or persons shall be deemed and taken to have therein a right of way exclusive and personal, upon filing the security and recording the statement hereinafter required.

2. Before the person or persons shall be vested with the personal and exclusive right of way as aforesaid, he, she or they shall file in the office of the clerk of the court of quarter sessions for the county in which the stream is, his, her or their bond, with such sureties and in such sum as shall be approved in writing, indorsed thereon, by a judge of said court, conditioned to pay all damages to property along said stream, by reason of the erection of their improvements and the navigation of said stream, which may be assessed in the manner hereinafter provided.

3. Before the person or persons shall be vested, with the right of way as aforesaid, he, she or they shall also file in the recorder's office of the county in which the stream is, a statement, under oath, detailing the facts upon which the claim to such right of way is founded, with the date and character of the improvements made; which statement should be recorded in a docket to be procured for the purpose, or in the miscellaneous docket in said office.

4. Any owner or owners of land along the stream claiming damages for injury to said land or depreciation of its value because of the erection of such improvements, and the right of way hereby authorized, may file his or their petition to the court of quarter sessions of the county in which his land is situate; whereupon the said court shall appoint viewers, who shall examine the premises, assess the damages and report to the said court, in the same manner, and under the same regulations as damages are assessed for the opening of roads in said county; such report, when approved by the court, shall be final and conclusive upon the parties. 5. If any other person or persons shall desire to use the stream, or the dams and improvements made by the person or persons who shall have the right of way, under the previous provisions of this act, for the purposes of navigation, and the the improvements. parties cannot agree upon the amount of compensation, which should be paid to the parties owning the improvements and right of way, the person or persons so desiring to use the same, may, at any time, file in the office of the clerk of the court of quarter sessions of the county in which the same are situate, his, her or their bond, in such sum, with such sureties as shall be approved by a judge of said court, which approval shall be indorsed thereon in writing, conditioned for the payment of such compensation to the owners of the improvements and right of way, as shall be assessed in the manner hereinafter provided; and at the same time, shall file in the same office, his, her or their petition for a view to assess such compensation.

Ibid. § 6. Compensation, how estimated.

Ibid. § 7. Improvements to be kept in repair.

6. At the next term of the court of quarter sessions, after the filing of a petition under the fifth section of this act, the said court shall appoint three disinterested persons, who, after being duly sworn, shall ascertain and estimate the costs of the dams and other improvements owned by the owner or owners of the right of way under the first section of this act, adding thereto all sums which have been paid for damages under the fourth section of this act; and shall fix, determine and assess the rate or sum per thousand feet to be paid by the petitioner or petitioners, to the owners, for the use of such improvements and of the stream, and shall report the same to the court of quarter sessions; which report, when approved by the court, shall be final and conclusive between the parties.

7. Any person or persons having the right of way in any stream, under the first section of this act, shall keep the dams and improvements made by him or them in

good condition and repair, or, in default thereof, shall forfeit all right to contribu- 28 March 1871 § 7. tion and compensation from other parties.

8. Nothing in this act shall be construed to authorize a tax upon square timber or boards in any such stream, or to deprive any one of the right he otherwise has to navigate said stream with square timber and boards: Provided, That the provisions of this act shall not apply to any of the waters of Beach creek or its tributaries, in Clinton and Centre counties.

P. L. 237. Ibid. § 8.

Restrictions.

P. L. 41.

9. It is hereby declared to be the true intent and meaning of the act of general 4 April 1872 § 1. assembly of this commonwealth, approved the 28th day of March, Anno Domini 1871, entitled "An act to allow the improvement of creeks and rivulets," that any To include tenants tenant in common shall be entitled to all of the rights and privileges granted or in common. conferred by said act, and shall be allowed to file the petition and bond in said act required, without the joinder of his co-tenants.

2 May 1876 § 1.

P. L. 96.

10. In any case where any person or persons have been authorized by act of assembly to build a pier, in any of the rivers of this state, and to connect the same with the shore by means of sticks of timber, it shall be lawful for such person or Location of piers. persons, their heirs and assigns, notwithstanding any provision in any [of] such act of assembly to the contrary, to so locate such pier, and connect the same with the shore by means of sticks of timber, as shall best answer their purposes: Provided, That any change in the location of such pier shall be limited within a radius of one hundred feet in any direction from the original location as heretofore fixed by law: Provided also, That such pier in its changed location shall not interfere with the navigation of said river, nor in any way injure private property: And provided further, That the provisions of this act shall not apply to any case in which litigation may be now pending: And provided further, That no such pier shall be so located and connected with the shores, in rivers where port-wardens are created by law, unless by the direction and consent of said port-wardens.

P. L. 100.

11. The courts of quarter sessions of the several counties of this commonwealth, 5 June 1879 § 1. shall have power to authorize the widening, deepening and straightening of all navigable streams affected by the tides of the ocean, where both sides thereof are Improvement of within this commonwealth, in the manner in which roads and highways are now authorized to be widened and straightened.

rivers.

Ibid. § 2.

12. All the laws of this commonwealth relating to widening and straightening roads and highways, be and the same are hereby extended and made applicable to Road laws exthe widening, deepening and straightening of all such navigable streams: Pro- tended thereto. vided, That the expense of the same, including the pay of juries of view, shall be borne by the parties through whose lands such navigable streams shall pass in proportion to the advantages received by such owners of lands: And provided, That the application for such widening, deepening and straightening, shall be Application. made by the owners of two-thirds in extent of front of the lands upon the part of such stream proposed to be widened, deepened or straightened.

13. Wherever by the widening and straightening of such navigable streams, any part of the bed thereof shall be left vacant, the same shall be vested in the owners of the adjoining lands, as fully and effectually as the ground where public highways are vacated vests in the adjoining land owners.

Ibid. § 8.

Effect of vacation.

Ibid. § 4.

14. The order to widen, deepen or straighten any navigable stream, shall be directed to the owners of the land through which the same passes, or to such one To whom orders or more of them as the court of quarter sessions in its discretion shall select; and directed. the person or persons to whom such order is directed, shall enter into bonds with Bonds. security to be approved by the court, conditioned for the faithful performance of the duty imposed upon him or them by the said order.

Ibid. § 5.

15. Upon the return of the said order, the court shall, on being satisfied that the stream is in at least as good navigable condition as before the change, make a Confirmation as decree, confirming and establishing the stream so changed as a navigable stream public highway. and public highway, and vacating such part of the original stream as is thereby rendered useless.

P. L. 95.

16. It shall be unlawful for any person or persons to wilfully throw into, or 18 June 1883 § 1. cause to be thrown or placed, so that the same may slide or be washed into any navigable stream of this commonwealth, used for the purpose of floating, running Obstructions proor manufacturing lumber, or into any tributary flowing into such stream or streams, any slabs, edgings, driftwood, brush, stumps, logs or trees.

hibited.

Ibid. § 2.

17. Any person or persons violating any of the provisions contained in the first section of this act, shall be guilty of a misdemeanor, and on conviction thereof, Penalty. shall be sentenced to pay a fine not exceeding fifty dollars.

ROAD TAXES.

See ROADS, HIGHWAYS AND BRIDGES; TAXES; UNSEATED LANDS.

ROADS, HIGHWAYS AND BRIDGES.

See BOROUGHS; LIMITATION OF ACTIONS; MUNICIPAL CORPORATIONS; QUARTER SESSIONS AND OYER AND TERMINER; TAXES; UNSEATED LANDS.

IX. VACATING AND ALTERING ROADS.

62. Power to change or vacate roads. How exercised.

63. How roads laid out, but not opened, may be vacated.

64. How roads partly opened, may be vacated or changed.

65. Exceptions to power to vacate.

66. Form of application to vacate.

67. Road supplied, not to be shut up, until substitute be opened.

68. How roads on county lines may be opened, altered or vacated.

69. Power to vacate roads extended.

70. Streets in villages may be changed or vacated.
71. Damages, how assessed, and paid.
72. Costs. Certain counties excepted.

73. On vacation of road, land to revert to owners.
74. How roads may be widened. Limitation.

75. Proceedings to vacate public or private roads, &c. Rule to be published. Notice. When viewer may be appointed.

76. Courts may vacate or alter abandoned turnpikes.

X. TEMPORARILY CLOSING ROADS.

77. In what cases highways may be temporarily closed. Proceedings. Limitation. Consent of municipal authorities to be had.

XI. OBSTRUCTING HIGHWAYS.
78. Penalty for obstructing highways.
79. Stopping or diverting drain.
80. Obstructing crossing by railroads.

XII. STEAM MACHINERY. 81. Movement of, on public road. 82. To be moved to side of road and stopped. Owners to assist passing vehicles. And see that road is clear.

XIII. WATERING-TROUGHS.

83. Compensation for watering-troughs from road fund. Description of trough. To be approved. Compensation. Borough authorities may erect. Annual statement. But one trough within five miles to be paid for.

84. Compensation for water furnished.

85. May be erected by supervisors, in certain cases. 86. Penalty for injuring the same.

87. Preference in favor of existing troughs.