laws, so far as they are supplied by this act, are hereby repealed in said township. JOHN CESSNA, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The fifth day of March, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 112. An Act Extending the act relating to the selling of the repairing of the public roads in certain townships in Schuylkill county, to Mauch Chunk township, in Carbon county. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That the provisions of an act relative to the selling and repairing of the public roads in certain townships of Schuylkill county, approved the nineteenth day of January, one thousand eight hundred and sixty, and the supplement thereto, approved the first day of May, one thousand eight hundred and sixtyone, be and the same are hereby extended to Mauch Chunk township, Carbon county: Provided, That two supervisors shall be elected as heretofore in said township: And provided further, That in lieu of the advertisement and notice therein required, notice shall be given by two weeks' advertisement in two newspapers in the borough of Mauch Chunk, and by at least six written or printed notices in Mauch Chunk township, in the manner set forth in said act. JOHN CESSNA, Speaker of the House of Representatives. Speaker of the Senate. APPROVED-The fifth day of March, Anno Domini one thou sand eight hundred and sixty-three. A. G. CURTIN. No. 113. An Act Authorizing the town council of the borough of Northumberland to vacate streets in said borough. 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 town council of the borough of Northumberland, in Northumberland county, be and they are hereby authorized to vacate certain streets and parts of streets, alleys and parts of alleys, in said borough, that they may deem necessary for railroad purposes, and the improvement of said borough. JOHN CESSNA, Speaker of the House of Representatives. Speaker of the Senate. APPROVED The sixth day of March, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 114. An Act Relating to the election of street commissioners in the borough of Lawrenceville, Allegheny 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 so much of the second section of the act aforesaid, as authorizes the election of a street commissioner for said borough, be and the same is hereby repealed; and it shall and may be lawful for the burgess and town council of said borough, to appoint one citizen of said borough, to act as street commissioner therein, for such time as said council may by ordinance determine. APPROVED-The sixth day of March, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 115. An Act Relating to assessments in Jefferson and Clearfield counties. WHEREAS, Certain duplicates of assessments, in the different boroughs and townships of Jefferson and Clearfield counties, made prior to the year Anno Domini one thousand eight hundred and sixty, are becoming illegible and defaced; therefore, SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the commissioners of the counties of Jefferson and Clearfield, be and they are hereby authorized to procure suitable books, and cause the assessments of real and personal estates, in the several boroughs and townships in said counties, made prior to the year Anno Domini one thousand eight hundred and sixty, to be copied therein, and to pay the expenses incident thereto, out of the county funds; and that all such books, or copies thereof, shall be received in evidence, in any court of record in this commonwealth, or elsewhere, in the same manner that the original duplicates of assessments, or copies thereof, are now, by law, received in evidence, and with the same force and effect: Provided however, That the person or persons, employed to make such copies, shall first be sworn or affirmed to perform his or their duties faithfully, and certify that the same are true copies of the original assessments, and that the same have been compared therewith by the commissioners of said county: And provided also, That the commissioners of said counties shall certify, under their hands and official seal, that the same are true copies of the original assessment. APPROVED-The sixth day of March, Anno Domini one thousand eight hundred and sixty-three. A. G. CURTIN. No. 116. An Act Declaring Forge run, in Centre county, a public highway. 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 from and after the passage of this act, Forge run, other- Declared a pubwise called Six Mile run, in Centre county, from the mouth lic highway. thereof, where it enters into Big Moshanon creek, up to the forks near the Wolf rocks, be and the same is hereby declared a public highway for the passage of logs and lumber. remove obstruc tion, &c. SECTION 2. That Henry E. Prentiss, the owner of certain Certain persons lands on said run, and such persons as may associate with him, authorized to or any other persons desirous of using said run, for such pur- tions to navigapose, may enter upon the lands through which it flows, between said points, and clear out and remove from its channel all obstruction to such navigation, straightening and deepening it, if necessary; and may erect and retain all dams or other works needed, taking from the adjoining lands such materials. as are necessary therefor, and paying for them the full value; and may, if necessary, raise the bridges on the public roads that cross it, leaving them as good and permanent as they found them, and safe and convenient for public travel; and if there is any mill-dam on said stream which has not been abandoned, they shall not remove it without consent of the owner, but shall erect and maintain such a sluice as shall pass the logs by it without injury to said dam or mill; and if they occasion any damage to either, shall be liable therefor. SECTION 3. That if any of the owners of timber lands on Tolls may be said run do not join in the expense of making such improve- taken for use of ments, but after they are made, put their logs into the run and stream. have the benefit of them, without paying to those who made the improvements their fair share of their cost, and of keeping them in repair, with interest, in proportion to the quantity of timber they have to be driven down said run, then those who made the improvements are hereby empowered to take a toll on all such logs, sufficient to pay such fair share of the costs; and in ease the parties fail to agree among themselves, Chas. Commissioners R. Foster, of Phillipsburg, in said Centre county, and two may be appointed to certify cost associates, to be appointed by the judges of the court of com- of improvemon pleas of Centre county, are hereby appointed commission- ments and deers, with power, if called upon by the parties making the im- termine rates of provements, to audit, allow and certify the actual cost of all toll. said improvements, and of keeping them in repair, and to determine, according to the above provisions of this act, what is the fair proportion of those who did not contribute, and what toll shall be assessed on their logs, per thousand feet, board measure, to pay it; and if he finds the toll first fixed too low, Payment of tolls. Certain state or higher than necessary, he may alter it from time to time, and when such share is fully paid, said tolls shall be reduced to a sum barely sufficient to pay such share of the cost of taking care of said improvement, and keeping them in repair; and the said persons, making the improvements, may, at their option, demand, in advance, the payment of said toll, or security for the same; and in all cases in which they do so, the persons from whom such demand is made shall be considered and treated as trespassers, if they use, or attempt to use, said run, without first paying, or securing, to the satisfaction of the persons making the improvements, the toll so demanded; and the said persons, making the improvements, may require from all persons using said run, a statement of the amount of lumber ments required. put into said run to be floated, and said persons are required to furnish such statement within ten days after its demand, and upon failure so to do, or for a wilfully false statement so furnished, the said persons making the improvements shall be entitled to recover treble the amount of tolls fixed by said commissioners for the actual amount of lumber so floated, and said persons making the improvements shall have power to sue for and recover all toll, so fixed by said commissioners according to the provisions of this act, against any person or persons owning an interest in the logs so floated, and all penalties hereby imposed, as debts and penalties of like amount are now by law recoverable; and the legal representatives or assigns of the persons making the improvements, or either of them, shall have the same power, rights and duties as the person or persons they represent: Provided, That nothing in this act shall prevent any owner of land from using said stream for driving logs or any other purpose on his own land, he not obstructing the navigation of the stream for logs, and if he builds any dam across said stream, making a sluice over it for the passage of logs. Recovery of tolls. Privileges of owners of land. JOHN CESSNA, Speaker of the House of Representatives. GEORGE V. LAWRENCE, Speaker of the Senate. APPROVED-The sixth day of March, Anno Domini one thou sand eight hundred and sixty-three. |