division of the Pennsylvania canal, in the year one thousand eight hundred and thirty-eight, and report the facts to the legislature. APPROVED-The twenty-fourth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 198. AN ACT To confirm and establish a certain state road in the county of Beaver, and to vacate another road parallel thereto. SECTION 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 so much of a county road, known as the lower road, laid out by order of the quarter sessions of Beaver county, lying and being between the crossing of Mahoning creek and Leonard's bridge, in the aforesaid county, be and the same is hereby confirmed and established; and that all other roads, state or county, laid out and opened between the same points, be and the same are hereby vacated. WILLIAM F. PACKER, Speaker of the House of Representatives. APPROVED-The twenty-fourth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 199. AN ACT To extend the act of fifteenth March, one thousand eight hundred and forty-seven, in relation to obstructing Big Brokenstraw creek, in Warren county, and to authorize Daniel Bemus to construct a dam in French creek. Certain act ex SECTION 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 so much of the act passed the fifteenth day of March. Anno Domini one thousand eight hundred and forty-seven, in relation to obstructing tended to a porthe Big Brokenstraw creek and its tributaries, in Warren county, be tion of Tionesta and the same is hereby extended to that portion of the Tionesta creek creek. passing through Forest and Venango counties. dam or dams in French creek. SECTION 2. That Daniel Bemus, of Crawford county, his heirs and Daniel Bemus, assigns, be and they are hereby authorized and empowered to construct his heirs and asand erect such dam or dams as he or they may deem advisable, in signs, authorized French creek, on his or their own land, in Crawford county, with the to construct a exclusive right to the said Bemus, his heirs and assigns, of drawing off the water of French creek, and of constructing races, sluices, canals, waste weirs, &c., for milling purposes, or otherwise, as he or they. may deem necessary, and of using, leasing or selling the rights to use the same: Provided, That said Bemus, his heirs or assigns, shall erect Proviso. a schute or lock so as not in any wise to impede or obstruct the navigation of said creek: And provided also, That he or they pay all damages to private property, taking into view and consideration the Proviso. advantages and conveniences to all persons claiming damages for injuries done to their individual property, caused by the erection or construction and maintainence of said dams, and all races, and water ways, or water weirs useful to or appertaining to the said water powers created: Provided further, That the said Bemus, his heirs or assigns, Proviso. may sell, lease, mortgage, or pledge the said improvements or privileges, or any part thereof, for the construction, improvements, or benefits of the same, or otherwise: Provided, That the provisions of this act shall be subject to the provisions of an act, entitled "An Act to promote the free navigation of French creek," passed the tenth day of February, one thousand eight hundred and forty-nine. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twenty-fourth day of March, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 200. A SUPPLEMENT To an act passed the fifteenth day of March, one thousand eight hundred and forty-seven, entitled "An Act for the erection of a new county out of parts of Lycoming, to be called Sullivan." SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly Commissioners. met, and it is hereby enacted by the authority of the same, That Jedediah Irish of Schuylkill, honorable William Jessup of Susquehanna, and John H. Brodhead of like, be and are hereby appointed commissioners, whose duty it shall be to review, and if necessary, relocate the seat of justice in the county of Sullivan. Meeting of commissioners. To make report to the secretary of the common wealth. If expedient, to change the loca tion of seat of SECTION 2. The said commissioners shall meet at the town of Laporte, in the county of Sullivan, at such time as shall be agreed upon by them, or a majority of them, and after being duly sworn or affirmed, shall proceed to discharge the duties required by this act; in case any of the commissioners cannot attend, it shall be the duty of the, two attending, to select a suitable person to fill the vacancy, who shall not be a citizen of the county of Sullivan; the said commissioners, or a majority of them, shall make their report to the secretary of the commonwealth, and to the court of quarter sessions of Sullivan county, on or before the first of January next. SECTION 3. If the said commissioners shall deem it expedient to change the location of the seat of justice of said county of Sullivan, they are hereby required to appraise the damages that be alleged to have justice, the com- been sustained by S. Meylert and his assigns, in consequence of said missioners re- removal, and the amount or amounts so found due, if any, to be certiquired to appraise fied by the said commissioners, or a majority of them, to the prothonodamages, &c. tary of the court of common pleas of Sullivan county, who shall enter the same of record, with all the rights, remedies and effects of a judgment against the said county of Sullivan; and it shall be the duty of the county commissioners to re-convey to the said S. Meylert, all of the real estate conveyed by him to the county commissioners, for the use of the county, and to cancel and deliver up the bond of two thousand five hundred dollars given by said Meylert towards erecting the public buildings. Commissioners, SECTION 4. As compensation for their services, said commissioners compensation of. shall each receive three dollars per day, while occupied in the discharge of the duties imposed by this act, to be paid by the county of Sullivan. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. APPROVED-The twenty-sixth day of March, one thousand eight hun dred and forty-nine. WM. F. JOHNSTON. No. 201. AN ACT For the erection of a boom in the Susquehanna river, at or near the borough of SECTION 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 George Crawford, Thomas Bridgens, Joseph Hanna, D. K. Jackman, Corporators. Allison White, George W. Kinzer and H. L. Diffenback, and their associates and successors, be and are hereby constituted a body politic and corporate, by the name and style of "The West Branch boom Style. company," and by that name may sue and be sued, plead and be impleaded in all the courts of record of Clinton county, or elsewhere, Privileges. have a common seal, to be altered by them at pleasure, make by-laws, not repugnant to the laws of this state, or of the United States, for the management of their corporate concerns, and have and enjoy all the rights and powers of a corporation. SECTION 2. That the said corporation are authorized and empow booms on the ered to erect and maintain on the south side of the West Branch of the Authorized to for that purpose: Provided, That said boons shall not extend more Proviso. SECTION 3. That if any person or persons shall suffer damage by Damages, how the exercise of powers herein granted to said corporation, and the ascertained and amount thereof cannot be agreed upon by the parties, nor some suitable adjusted. person or persons agreed upon to estimate the same, the court of common pleas having jurisdiction in the county where the boom or booms are situated, shall upon application of the party aggrieved, cause said damages to be ascertained by three disinterested freeholders of the same county, to be appointed by the said court, and who shall make report to the said court, on or before the first day of the term next after the award shall have been made, and which being confirmed by the court, shall have the effect of a judgment from the time of such confirmation: Provided however, That if either party be dissatisfied with the award Proviso. of said commissioners, and shall at the time at which the said award is presented for confirmation, apply to said court for a trial by jury in the manner as other like cases are determined, the court shall by jury determine the amount of such damage accordingly; and if the verdict shall not be more favorable to the party applying for the jury, than the Penalty and punishment for inju ries. Duties of the corporation. Tolls. Proviso. award given by the commissioners, judgment for costs shall be rendered against the applicants; and if the verdict be more favorable to the party applying for a jury, than was awarded by the commissioners, the applicants shall receive costs, and execution shall in either case issue upon the judgment; said corporation shall not take any private property until compensation be made, or adequate security be given therefor before such property shall be taken. SECTION 4. 'That if any person or persons shall wilfully or maliciously injure or destroy any of such booms or piers, or other works connected therewith, he or they shall pay the amount of the damages to the corporation, to be recovered by action of trespass, and further be liable to indictment and prosecution, before the court of quarter sessions for a misdemeanor, and on conviction, shall be sentenced to pay a fine for the use of the county, not exceeding five hundred dollars, and to suffer imprisonment in the county jail not exceeding two years. SECTION 5. That it shall be the duty of the corporation to cause the passage ways, or open spaces in said booms, to be carefully guarded day and night, so that no lumber be permitted to escape, to raft all lumber in said booms, securely and faithfully with suitable warps and wedges, for rafting and securing the same below said boom ten days, if the number of logs belonging to any one man or company of men does not exceed one hundred, if the number be over one hundred, and does not exceed three hundred, five days, and if the owner at the expiration of the time aforesaid, has not removed the same, the corporation may remove them to some safe and convenient place, and the owners thereof shall pay such expense as may arise in the removal and securing of the same; and should any person or persons suffer any loss in consequence of the neglect or carelessness of the corporation, then the said corporation shall be accountable for such loss; the owner of the lumber shall drive it as near the main body of logs, or as near the place where they are to be rafted as may be. SECTION 6. That said corporation shall have the right to charge and collect toll or boomage upon the lumber thus boomed, rafted and secured, including warps and wedges, by which they are rafted, to wit: thirty-five cents per thousand feet board measure, for board logs, and a reasonable sum for finding warp, rafting and booming all square timber, spars, clapboard, bolts, and other lumber in proportion to other board logs, and said tolls shall at all times be subject to the further regulations of the legislature; the corporation shall have a lien upon all logs or other lumber thus boomed, for the payment of all boomage and other expenses, until such times as the same shall be paid to the corporation: Provided, That in any case where spars, square or round timber, may have been rafted to run to market, and such raft may have been staved or broken to pieces in any other way, and said logs should go into said boom by accident, or be taken in by the agents of said corporation, the said company shall deliver the same to the owner, on the production by him of reasonable evidence of his right thereto; for which they shall be entitled to twelve and a half cents for every spar and log of square timber, and six cents for every log of round timber, to be paid by the person claiming the same. Persons having SECTION 7. That should any person or persons have lumber upon lumber upon the said river, which they are desirous of driving below the limits of said said river and de- booms, and do not wish the same to be rafted at said booms, they shall sirous of driving give notice in writing to said corporation of their intentions, on or before the first day of March, in each year, describing the kind of lumshall give notice, ber and its quantity as near as may be, together with the marks thereon, and the corporation upon the receipt of such notice, shall be below the limits of the booms, &c. |