No. 149. AN ACT To authorize Abraham Bombaugh, executor of Ulrich Zellner, to sell and convey certain real estate, in the borough of Harrisburg. SECT. 1. 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 Abraham Bombaugh, executor of the last will Certain lot in and testament of Ulrich Zellner, late of the borough of Market st't. Harrisburg. Harrisburg, deceased, be, and hereby is authorized and em· powered to sell and convey, by public vendue or outcry, on or before the first day of August next, all the right, title aud interest, which the said Ulrich Zellner, deceased, had and held in his lifetime, in a lot of ground and the buildings thereon erected, situate in the said borough of Harrisburg, in the county of Dauphin, Pennsylvania, fronting on Market below Third street of said borough, and adjoining the property of William M'Clure and Samuel, Shoch, Esquires, and make an account of the proceeds thereof to the Orphans' court of Distribution Dauphin county aforesaid, for distribution thereof among the of proceeds persons entitled thereto, agreeably to the said last will and of sale. testament of the said Ulrich Zellner deceased, and the said court shall direct such sums as may not then be lifted, to remain a lien upon the said property, in the hands of the purchaser, until paid with interest: Provided, That before such sale be confirmed the said executor shall give bond with Surety to good and sufficient surety, to be approved by the Orphans' Orph. court. court of Dauphin county, for the faithful appropriation of the proceeds of the sale. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The eighth day of April, Anno Domini, eigh Proviso. teen hundred and thirty-three. GEO. WOLF. No. 150. A FURTHER SUPPLEMENT To the act entitled An act for the regulation of the militia of this Commonwealth. SECT. 1. 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 militia within the bounds of 24 brig. 15th the fifty-eighth regiment, second brigade, fifteenth division, div. Ind. batt. shall hereafter form one battalion, to be called Clarion, and of militia the election held on the twenty-third day of January, one "Clarion." thousand eight hundred and thirty-two, for field officers formed from 58th reg't. thereof, shall be good and valid, and also the election or appointment of company officers subsequent to that date; and the aforesaid battalion shall be entitled to one Lieutenant Colonel and one Major, with the proper staff. SAM'L. ANDERSON, Speaker of the House of Representatives: THO'S. RINGLAND, Speaker of the Senate. APPROVED-The eighth day of April, Anno Domini, eighteen hundred and thirty-three. 1 GEO. WOLF. No. 151. AN ACT For the relief of John Johnston, John Curtis, Michael Fee, Ozburn Hille. ry, Isaac Jones, and Robert Peleng, soldiers, and Catharine Kinsey, the widow of a revolutionary soldier. SEOT. 1. 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 State Treasurer be, and he is hereby authori$40 grat. and zed and required to pay to John Johnston, of Greene county, ann. granted John Curtis, Michael Fee, Ozborn Hiliery, of Fayette county, Isaac Jones, of York county, soldiers of the war of the revolution, or to their respective orders, forty dollars to each immediately, and an annuity of forty dollars to each, during life, to commence on the first day of January, one thousand eight hundred and thirty-three. to J. John. ston, J. Cur. tis, M. Fee, O. Hillery & J. Jonce. SECT. 2. And be it further enacted by the authority aforesaid, That the State Treasurer be, and he is hereby author- Same to Caized and required to pay to Catharine Kinsey, of Bucks coun- tharine Kinty, the widow of a soldier of the revolutionary war, or to her sey. order, the sum of forty dollars immediately, and an annuity of forty dollars during life, to commence on the first of January, one thousand eight hundred and thirty-three. SECT. 3. And be it further enacted by the authority aforesaid, That the State Treasurer be, and he is hereby author- $250 to R. ized and required to pay to Robert Peleng, of the county of Peleng for York, or his order, two hundred and fifty dollars, in full, donation land compensation for a tract of donation land to which he was entitled, for services rendered by him in the revolutionary war. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The eighth day of April, Anno Domini, eighteen hundred and thirty-three. GEO. WOLF. No. 152. AN ACT Declaring a certain part of Shamokin creek, in the county of Northumberland, a public highway. SEOT. 1. 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 from and after the passing of this act Shamokin creek, in the county of Northumberland, from Samuel So- From Sober's mill to juncber's mill to its confluence with the Susquehanna, be, and tion with the same is hereby declared a public highway, and it shall Susquehanna and may be lawful for any person or persons desirous of improving or using the navigation of said stream, to remove thereout all obstructions except dams for mills and other water works, already built, on which dams any such person or persons as aforesaid shall have full power to make slopes, such as are hereinafter described, and to keep the same in repair for the passage of boats, rafts and other craft: Provided, Proviso. That such slopes be so constructed as not to injure such dams... SECT. 2. And be it further enacted by the authority aforeOf the rights said, That nothing in this act contained shall be deemed, of landholders taken or understood to prevent any person or persons, ownto erect dams. ing or possessing lands on or adjoining said stream, who Proviso. independent of the passage of this act, would have a right under the general laws of this Commonwealth to erect a dam or dams across the said stream, from erecting such dam or dams: Provided, nevertheless, That every such dam be so constructed with a proper slope, erected in the most conslopes of cer. venient and proper part thereof, so that crafts may not be tain dimen- obstructed in passing down the said stream, which slope shall be sufficiently wide to admit the crafts usually run upen said stream, and be one foot at least lower than the other parts of the dam, the surface of which slope shall be composed of wood or other suitable materials, well compacted together, and for every foot in height shall extend fifteen feet down stream. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The eighth day of April, Anno Domini, eighteen hundred and thirty-three. GEO. WOLF. Near the Juniata falls. Proviso. No. 158. AN ACT To authorize John Everhart to erect a wing dam in Juniata river. SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That John Everhart, of Juniata township, Perry county, his heirs or assigns, be and he is hereby authorized to erect a wing dam in the Juniata river, on the east side thereof, at or near the Juniata falls, for the purpose of creating and using water power: Provided. That in so doing, he shall not in any degree interrupt or impede the navigation thereof, or injure private property. SECT. 2. And be it further enacted by the authority aforesaid, That in case any individual shall sustain any injury to his private property, by reason of the erection of said dam, by reason of any interruption or impediment of any kind, in J. Everhart the free navigation of said river, or by damming the water liable for inon his lands, or in any other manner or way whatever, he jury to prishall recover from the said John Everhart, his heirs or as- vate property signs, double the amount of any damages sustained in man, or navigation. ner aforesaid, with full costs. SECT. 3. And be it further enacted by the authority afore Penalty for said, That it shall be the duty of the canal commissioners, Upon comupon any complaint being made to them that the said dam plaint canal obstructs or impedes the navigation of said river or Pennsyl. comm'rs to vania canal, to examine the same personally, and if they, or direct a majority of them, shall be of opinion that it does so obstruct removal. or impede the navigation, they shall order the said John Everhart, his heirs or assigns forthwith to remove the same, and if he or they neglect to do so after being so notified for the space of three days, he or they, as the case may be, shall be liable to pay a fine of twenty dollars for each and every delay. day it is permitted to remain after the expiration of the said three days, to be recovered in the name of the Commonwealth, as debts of like amount are, or may be recoverable by law, one half for the use of the person who may cause suit to be brought therefor, and the other half for the use of Recovery and the Commonwealth, and the Legislature reserves the right appropriation, to repeal this act at any time they shall deem the privileges hereby granted injurious to the public. SAM'L. ANDERSON, Speaker of the House of Representatives. THO'S. RINGLAND, Speaker of the Senate. APPROVED-The eighth day of April, Anno Domini, eighteen hundred and thirty-three. GEO. WOLF. No. 154. AN ACT Supplementary to an act, entitled "An act to incorporate the Columbia, Chicquies and Marietta road and bridge company, passed March thirty. first, one thousand eight hundred and twenty-three. SECT. 1. Be it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the president and managers of the Columbia, |