Damages, how adjusted. Vacancies of commissioners, how filled. evidence in all matters in which such record is pertinent; and the streets, lanes, and alleys so laid out, shall from thenceforth be opened for public use in the same manner as if they had been laid out by an order of the court in the usual way; and each of the said commissioners shall receive the sum of one dollar and fifty cents per day for each and every day they shall be employed in their duties as aforesaid, which shall be paid by the corporation of said borough. SECTION 23. That any person who shall sustain any damage by the laying out, opening, altering, or widening of any street, lane, or alley, within the said borough, by virtue of the powers given by this act, shall have all the rights and remedies provided by the fourteenth section of the act entitled "An Act for laying out, making, and keeping in repair the public roads and highways within this Commonwealth, and for laying out private roads," passed the sixth day of April, one thousand eight hundred and two. SECTION 24. That should either of said commissioners die, or refuse to serve, the Court of Quarter Sessions of the county of Montgomery shall, upon the petition of the burgess and town council of said borough, have full power to appoint a suitable person or persons to fill such vacancy or vacancies as may be occasioned by death, resignation, or otherwise. APPROVED The twenty-seventh day of February, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 93. AN ACT To vest in Sarah Bower, of Perry county, the right of this Commonwealth to the estate of David B. Ewing, of said county. 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 all the right which this Commonwealth may have or might have acquired by reason of an escheat, for want of heirs of David B. Ewing, deceased, of Perry county, in, and to a certain sum of money, now in the hands of David Gutshall, or which may hereafter come into the hands of the said David Gutshall, administrator of said deceased, whereof the said David B. Ewing died seised and possessed, is hereby vested in Sarah Bower, the mother of the said David B. Ewing, now intermarried with the said David Gutshall. APPROVED-The twenty-seventh day of February, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 94. AN ACT. To form the borough of Huntingdon, in the county of Huntingdon, into a sepa rate school district. 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 the incorporated limits of the borough of Huntingdon, in the county of Huntingdon, shall hereafter form a separate district for common school purposes, and the school directors elected in said borough shall perform the same duties, and possess the like power in all respects as school directors elected under laws now existing, or that may hereafter be enacted relative to a system of education by common schools: Provided however, That the said borough shall not be a separate district for general election purposes. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED The twenty-seventh day of February, A. D., one thou sand eight hundred and fifty-one. WM. F. JOHNSTON. of poor house farm of Mifflin county to be No. 95. A SUPPLEMENT To the act entitled "An Act for the erection of a house for the support of the poor in the county of Mifflin, &c.," approved the twenty-second day of April, one thousand eight hundred and fifty, to lay out a State road from John Galers in Union county, to Benedict's Mill, in Mifflin county, relative to the width of South Third street, in the borough of Lewistown, and to the erection of a bridge across the Meshoppen creek, in Wyoming county. 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 Proceeds of sale the proceeds arising from the sale of the poor house farm belonging to the borough of Lewistown, Mifflin county, sold by the burgess and town council of said borough, by virtue of the nineteenth section of paid into county said act to which this is a supplement, and directed by the said act to be paid into the borough treasury for the general purposes of said borough, is hereby directed to be paid into the county treasury of said county, to be applied to the payment of county tax assessed on said borough, until said fund be exhausted. treasury. Commissioners out a State road SECTION 2. That William Johnston and John Ruhl, of Union to view and lay county, and Jesse Wingate of Mifflin county, be, and they are hereby from John Ga-appointed commissioners, to view and lay out a State road from John ler's to Bene- Galers, in Union county, by way of Swift run, to Benedict's Mill, in dict's Mills in Mifflin county. Mifflin county. Duties of said SECTION 3. That it shall be the duty of the said Board of Commissioners, or a majority of them, after taking and subscribing an oath commissioners. or affirmation before a justice of the peace to perform the duties enjoined upon them by this act with impartiality and fidelity, to carefully view the ground over which said road may pass, and to lay out the same on the nearest and best ground to a straight line, and in no place to exceed an elevation of five degrees. Further duties. Draft. SECTION 4. That it shall be the duty of said commissioners plainly and distinctly to mark the ground on the route agreed upon for the road aforesaid, in such manner as to enable the supervisors readily to find the same; and for the purpose of fulfilling the duties in this act enjoined, the said commissioners are hereby authorized to employ at a per diem allowance not exceeding one dollar, two chain-carriers and one axeman, and the said commissioners respectively shall receive a per diem allowance not exceeding one dollar and fifty cents each, for each day necessarily expended in the discharge of the duties enjoined by this act; and the said commissioners performing the duties of surveyor, shall have and receive an additional compensation of one dollar per day, for each and every day spent in the laying out of said road, to be paid in manner and form as hereinafter directed. SECTION 5. That it shall be the duty of said commissioners to make out a fair and accurate draft of the location of said road respectively, noting thereon the courses and distances as they occur, and improvements, and also the crossing of township lines as near as may be, roads and waters, with such other matters as may serve for explana tion, one copy whereof shall be deposited in the office of the Secretary of the Commonwealth, on or before the first day of September next, and one copy in the offices of the clerks of courts of the respective counties in which the said road may be laid out on the day aforesaid, or as much sooner as practicable, which shall be a record thereof, and from thenceforth the said road shall be to all intents and purposes a public highway, and shall be opened to the breadth and repaired in all respects as roads are opened and repaired which are laid out by order of the courts aforesaid. To be filed. settled. SECTION 6. That the accounts of the said commissioners for their own pay, and the pay of their chain-carriers, et cetera, shall be made Accounts, how out and returned to the commissioners of such counties in which said road may be located, in proportion to the time spent in the respective counties in locating said road, and that they be paid out of the treasury of each of the respective counties on warrants drawn the usual way. SECTION 7. That the said commissioners shall meet on or before the Meeting of comfirst Monday of June next, or as soon thereafter as practicable, and missioners. complete the view of said road; and if any vacancy occur, the Court of Quarter Sessions of the county where such vacancy occurs, shall supply by the appointment of suitable persons, who shall perform said duty. WHEREAS, A road has lately been laid out in the borough of Lewis- Preamble. burg, in the county of Union, from the south side of Saint George street to intersect the Selinsgrove road, which said road is a continuasion of said Third street, and laid of corresponding width, viz., sixtysix feet, and the damages to the owner of the land through which the same passes assessed accordingly. And whereas, The report of the viewers on the said road has been confirmed, but the width of the road fixed at fifty feet beyond which the court had no power to go; therefore, SECTION 8. That from the south side of Saint George street, in said Width of South borough, south thirty-four degress, west eleven perches, to the northern Third street boundary line of the lands of the "University at Lewisburg," the continued. width of the road laid out as aforesaid as a continuation of south Third street, be, and the same is hereby fixed at sixty-six feet, and the street commissioner of said borough is hereby authorized and required to open out said road accordingly. to be erected. SECTION 9. That the Canal Commissioners are hereby authorized Bridge over the and required to erect the new bridge across the Meshoppen creek, in Meshoppen Wyoming county, near by Hollenback, Overfield's, and Sterling's Mills creek authorized above the mouth of the Little Meshoppen creek, at the most convenient place to connect with the several roads leading to the village of Sterlingville. APPROVED-The eleventh day of March, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. Duties No. 96. A SUPPLEMENT To the act providing for the publication and distribution of the pamphlet laws of the Commonwealth. 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 it shall be the duty of the Secretary of the Commonwealth in the of the Secretary of the Common-publication of the pamphlet laws, immediately after the adjournment wealth relative of each Legislature, to select all acts and parts of acts which are of a to the publica- general nature and applicable to the entire State, and cause one thoution of public sand copies thereof to be published in pamphlet form as speedily as acts. possible, under and in accordance with the existing laws regulating the public printing. Further duties. Privileges of the SECTION 2. That immediately after the publication as aforesaid, the Secretary shall forward by mail one copy of the said pamphlet to each law and associate judge, each prothonotary and each district attorney in the State, and five copies to each member of the Legislature, for distribution, retaining such number not exceeding one hundred, as may be deemed necessary for the use of the officers of Government. SECTION 3. That it shall be lawful for the State Printer to publish and sell such additional number of copies of said pamphlet as he may deem proper: Provided, That no such sale shall be made until the copies published for the State are delivered to the Secretary, and distributed. SECTION 4. That the nineteenth section of an act entitled "A further supplement to the several acts relating to auctions and auctioneers, and for other purposes," approved April eighth, one thousand eight hundred and forty-two, and so much of any other act of Assembly as conflicts or is inconsistent herewith, be, and the same is hereby repealed. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED-The eleventh day of February, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNTSON. |