the court of quarter sessions of said county appointed three persons such viewers, who returned, inter alia, the then present road, which was about thirty feet wide, increased in width fifty feet, providing, however, in said return, that all fences, buildings, or other improvements, within the bounds of said road, thus now widened to fifty feet, shall be allowed to remain for the present, but that they shall not be repaired, or re-erected, within said fifty feet; which return was, on the eleventh day of January, one thousand eight hundred and fifty-eight, confirmed by the court, and on the thirteenth day of April, one thousand eight hundred and fifty-eight, an order to widen said road issued to the supervisors of the township of Wilkesbarre; which said order the said supervisors have been, and are, unable to execute, for the reason, that they have no power, under the same, or by virtue of any existing law of this commonwealth, to remove, or cause to be removed, the fences, buildings, or other improvements, standing and being within the bounds of the said road thus widened:

And whereas, The public have hitherto, and are, at the present time, suffering great inconvenience and annoyance consequent upon the delay in widening said road to fifty feet, occasioned by persons living, and owning land, along said road, having fences and other improvements within the bounds of the said fifty feet, and refusing to remove the same, or permit the same to be removed; to remedy the difficulty, therefore,

firmed.

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 lines and width of the said road, starting at a point on The lines and the river road leading from the borough of Wilkesbarre to Nanti- width of a cercoke, at and near the Lockhart house, and running to a point tain road estabon the main road leading from the borough aforesaid to Hano- lished and conver, near to where the main road crosses the Wyoming division of the North Branch canal, in the township of Wilkesbarre, and county aforesaid, be and the same is hereby declared to be fifty feet, and as such established and confirmed, and the space comprised within the same appropriated to the purposes of a How to be openpublic highway, to be opened and repaired, in all respects, as ed and repaired. roads are opened and repaired, which are laid out by order of the different courts of this commonwealth; the centre of the present road to be and remain the centre of the road hereby widened.

SECTION 2. That the inhabitants living on, or occupying, land Ocoupants of on either side of said road, shall have the right to appropriate lands along the a portion of said road, not exceeding six feet in width, to the road may appropurpose of side-walks, and planting ornamental, or shade, priate portion trees; for side-walks which portion shall, when once so appropriated, in no case be and trees. infringed upon by any supervisor, for any purposes of the road, or any other purpose whatever.

SECTION 3 That Samuel Hoyt, Samuel R. Marshall and Ben- Commissioners jamin Pfouts, be and they are hereby appointed commissioners appointed to to re-survey the said road, as hereby widened, and ascertain, make a re-surand fix, the lines of the same, establishing for the centre line the vey.

centre of the present traveled road; and it shall be the duty of Duties of. the said commissioners, or a majority of them, after taking and

subscribing an oath, or affirmation, before a justice of the peace, to perform the duties enjoined on them, by this act, with fidelity and impartiality, to carefully run the said lines of the said road, as widened hereby, and mark the same 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 two chain-carriers, Compensation. at a per diem allowance not exceeding one dollar, and the commissioners, respectively, receive a per diem allowance not exceeding two dollars, for every day necessarily spent in discharge of the duties enjoined by this act, to be paid in manner and form hereinafter directed.

Drafts.

Damages.

When commis

Vacancies.

SECTION 4. That it shall be the duty of said commissioners to make out a fair and accurate draft of the location of said road, respectively stating the courses and distances as they occur, and noting, briefly, the improvements through which the widened lines of the said road may pass, and to endeavor to procure, from the owners of lands and improvements over and through which the same shall pass, releases, in writing, of all claims of damages that may arise from widening the same; and if they fail to procure such release, they shall assess the damages, if any, to be done thereby, taking into consideration the advantages derived from the widening of said road through said lands, and on, or before, the first day of June next, return and deposit the same, together with said draft and releases obtained, in the office of the clerk of the court of quarter sessions of the said county of Luzerne; and the damages, so assessed, shall be paid by the county treasurer, out of the county funds, to the respective parties entitled thereto.

SECTION 5. That the said commissioners shall meet on, or sioners to meet. before, the first day of May next, and complete the labors enjoined upon them, by this act, as soon thereafter as practicable, and if any vacancy, or vacancies, occur, shall fill said vacancy, or vacancies, by the appointment of suitable persons, who shall perform said duties; and the accounts of the said commissioners and chain carriers, for their pay, shall be made out by said Payment of ac- commissioners, and returned to the commissioners of said county, and paid on warrant drawn in the usual way.

counts.

Supervisors to give notice of ⚫bstructions.

Penalty for injuries to trees

or side-walks.

SECTION 6. That as soon as practicable, after the commissioners aforesaid shall have ascertained, and fixed, the lines of said road, it shall be the duty of the supervisors of the township of Wilkesbarre to give ten days' notice to all persons whose fences, or buildings, are in the road, to remove the same, and in default of compliance with the said order, then to proceed to remove said fences, buildings, and obstructions, in the manner prescribed by the general act of this commonwealth, providing for the opening and widening of public roads therein.

SECTION 7. That if any person, or persons, who shall wilfully, or knowingly, cut, hack, break, or in any way injure, any trees, already standing, or which may hereafter be set out, or planted, along the side-walks made, or to be made, as aforementioned, or who shall ride, or drive, on the said side-walks, shall, for every such offence, on conviction before any justice of the peace in, and for, the county of Luzerne, beside the cost of prosecution, forfeit not less than five, nor more than fifteen,

dollars, one-half to the informer, and one-half to the township, How to be apfor the use of the poor of said township; and if the offender plied. refuse to pay, the same shall be levied by distress, and sale, of

the offender's goods, by warrant, under the hand and seal of the May be levied justice, before whom such offender shall be convicted, returning by distress and the overplus, if any, to the owner, the charge of distraining sale. being first deducted; and for want of such distress, he shall be committed to prison not less than ten days, nor more than thirty days.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The eleventh day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 333.

An Act

Entitled "An Act for the relief of the sureties of William Calohan, as Supervisor of repairs on the Portage railroad, and Superintendent of Transportation upon the Portage railroad."

WHEREAS, In the final settlement of the accounts of William S. Calohan, late superintendent on the Allegheny Portage railroad, he stands charged with the price of several of the old engines, and fixtures, on the said road:

And whereas, These engines were sold, by the canal commissioners, to the firm of Hemphill and Company, and removed by them, or their agents, in the absence of the said William S. Calohan, detained at home by severe illness in his family:

And whereas, By the affidavit of the clerk of the said Calohan, J. C. Osterloh, it appears that the said superintendent never received one dollar of the price of said engines; and the sureties on his bond could not, in equity, be held liable for the money, or any part of it, arising from said sale; therefore,

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 John Weaver, John Chambers, Samuel Smith, William Berry, A. N. White and A. F. Osterloh, the sureties upon the official bonds of William S. Calohan, as supervisor of repairs on the Portage railroad, and superintendent of transportation

upon the Portage railroad, be and they are hereby released from all liability to the commonwealth, as sureties upon said bonds. JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The eleventh day of April, Anno Domini one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 334.

Supplement

To an act, entitled "An Act to re-incorporate the New Brighton Water Company, and enlarge its powers," approved the eighth day of April, one thousand eight hundred and forty-eight.

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 in addition to the powers, and authority, granted to the directors of the New Brighton Water Company, by the act of assembly, entitled "An Act to re-incorporate the New Brighton Water Company, and enlarge its powers," approved the eighth day of April, one thousand eight hundred and forty-eight, they are hereby authorized and empowered to stop off the water from entering the forebay, or flume, of any member, or proprietor, of the said water company, or from that of any person renting water power from any such member, or proprietor, who shall neglect, or refuse, to pay the assessments, or apportionments, made by the said New Brighton Water Company, or the directors thereof, and to keep the water stopped off until all arrearages of assessments, or apportionments, shall have been duly paid: Provided nevertheless, That the water shall in no case be stopped off, until after thirty days' notice being given to the party using the water, that the assessments, or apportionments, have been made and are due.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The eleventh day of April, Anno Domini one

thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 335.

An Act

To enable the board of sehool directors of Jackson township, Lycoming county, to make returns of the unseated lands to the county commissioners.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same That to enable the board of school directors of Jackson township, Lycoming county, to collect the taxes on unseated lands, in said township, for school purposes, they are hereby authorized to make the returns required by the act of the twentyfirst of April, Anno Domini one thousand eight hundred and fifty-six, of all the unseated lands in said township, on or before the first day of May next; and that the return thereof, when so made to the county commissioners, shall have all the force and effect, for all purposes, as though the same had been made on the first day of January, as now required by law.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The eleventh day of April, Anno Domini one thousand eight hundred and sixty-three.

To incorporate the Jeffersonville and Shannonville Turnpike Road Company.

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 Charles P. Shannon, Henry G. Hunsicker, Albert Craw- Commissioners ford, Samuel F. Jarret, David Schrack, William Wetherill, William Casselberry, Benjamin Casselberry, William M. Gillis, J. S. Shearer, S. E. Hartranft, G. N. Corson, Jos. Rhoades, Thos.