Coinmis'rs [No. 56.] AN ACT Relating to certain Public Roads, Bridges, and for other purposes. 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 William Laird and Michael R. Haymaker, of Westmoreland county, and George Gray, of Allegheny county, be and they are hereby appointed commissioners, to review and relocate so much of a state road authorized by the tain state road act of assembly passed the sixteenth day of April, one thouin Westm'd sand eight hundred and thirty-eight, entitled "An act authori& Allegheny zing the laying out of a state road from the borough of Greens Review a cer counties Comm'rs to alter route Pay Comm's of state road burg, in Westmoreland county, to intersect with the Greensburg and Pittsburg turnpike road, at or near the house of Henry Chalfant, in Turtle Creek, in Allegheny county, as lies between John Morrow's and John Brinton's, on said location." SECTION 2. The said commissioners shall proceed to re-. view so much of said road, as is provided for in the first section of this act, and to alter and change the same, if, in their opinion, the public good requires such change; being bound, in all respects, by the provisions of the act to which this is a supplement, and entitled to the same pay as is therein provided; the said commissioners having only power under this act, to re-examine the several routes between the points indicated in the first section of this act, and, if they should deem it proper, to change and alter the present location of said road. SECTION 3. That Adam Bowman and John Reed, of Westmoreland county, and William Majunkin of Allegheny county, from Saltsb'g, be and they are hereby appointed commissioners, to view, lay Indiana ce to out and mark a state road, beginning at Saltsburg, in Indiana J. Logans, in county; thence by way of North Washington, to intersect the state road leading from Kittanning to East Liberty, at or near the late residence of James Logan, in Allegheny county. Allegheny co Duty of commissioners SECTION 4. That it shall be the duty of the said commissioners, or a majority of them, appointed for to view as aforesaid-after having been sworn or affirmed before some justice of the peace, who shall file and preserve the same in his office, to perform the duties enjoined on them by this act, with impartiality and fidelity-carefully to view the ground over which the road by them laid out may pass, and lay out the same as near to a straight line between the aforesaid points, as the nature of the ground and circumstances will permit, and so that the vertical departure from a horizontal line, shall, in no point, exceed five degrees, except at the crossing of ravines and streams, where, by moderate filling and bridging, the declination of the said road may be preserved within that limit. And further, it shall be the duty of said commissioners, to have due regard to the crossing of water, the nature of the ground, and damages to private property, and all other circumstances that may effect the route; so that by a jud cious combination of them, the route adopted may best promote the public good, and that they shall clearly and distinctly mark upon the ground the route Mark route agreed upon, in such manner as to enable the supervisors readily to find the same. And for the purpose of fulfilling the duties on this act enjoined, the commissioners herein mentioned shall receive a per diem allowance of one dollar and Pay fifty cents each, for every day they shall be necessarily employed in performing the duties of this act. And in case any of the said commissioners shall perform the duties of surveyor, Surveyor he shall receive fifty cents per day in addition. And the said commissioners are hereby authorized to employ one surveyor, at one dollar and fifty cents per diem, two chain bearers and Pay &c one axeman, at a per diem allowance not exceeding seventyfive cents. SECTION 5. That it shall be the duty of the said commissioners, to make out a fair and accurate draft of the location of Drafts said roads, noting thereon the courses and distances as they occur, the improvements passed through, and also the crossing of county and township lines, roads and waters, with such other matters as they may serve for explanation; one copy whereof shall be deposited in the office of the secretary of the common- Where dewealth, on or before the first day of January next, and one posited copy in the office of the clerk of the court of quarter sessions, of the respective counties through which said roads may pass, on the day afore aid, or as much sooner as practicable, which hall be a record thereof; and from thenceforth, the said roads shall be to all intents and purposes public highways, and shall be opened and repaired in all respects as roads are opened and repaird which are laid out by orders of the courts aforesaid. SECTION 6. That the accounts of the said commissioners Comm'rs acfor their own pay, and for the pay of surveyors, chain carriers counts how and markers, shall be adjusted by the commissioners of the paid respective counties through which said road shall pass, and paid by the treasurers thereo, on warrants drawn in the usual way, in proportion to the length of the road in such county respectively, SECTION 7. That the said commissioners shall meet on or Meeting of before the first Monday in May next, or as soon thereafter as comm'rs practicable, at such place as a majority of them shall agree Vacancy upon, and complete the location of said road as soon as practicable. And if any vacancy or vacancies shall happen, by resignation or any other cause, the court of quarter sessions of the proper county, as the case may be, are hereby authorized to fill the vacancy or vacancies, by a suitable appointment. Comm'rs of SECTION 8. That William Chambers, sr., and Jesse Clemstate road in men:s, of Westmoreland county, and William Cowan, of AlleArmstrong & gheny county, be and they are hereby appointed commissionAllegheny cos ers, to view, lay out, and mark a state road from the town of Warren, in Armstrong county, by way of North Washington, to Plum Creek meeting house, in Allegheny county. Duty of com. missioners Mark route Pay of com mis'rs, surveyor &c Drafts SECTION 9. It shall be the duty of the said commissioners, or a majority of them, (after having been sworn or affirmed before some justice of the peace, who shall tile and preserve the said oath or affirmation in his office, to perform the duties enjoined on them by this act with impartiality and fidelity,) carefully to view the ground over which the road to be laid out by them may pass, and lay out the same on the most suitable and proper ground; and that they shall clearly and distinctly mark upon the ground the route agreed upon. And for the purpose of fulfilling the duties in this act enjoined, the commissioners herein mentioned shall receive one dollar and fifty cents for every day they shall be necessarily employed, in performing their duties under this act. And the said commissioners are authorized to employ one surveyor, at two dollars per day, two chain bearers and one axeman, at a per diem allowance not exceeding one dollar. SECTION 10. It shall be the duty of the said commissioners, to make out a fair and accurate draft of the location of said road, noting thereon the courses and distances as they occur, the improvements passed through, and also the crossing of county and township lines, roads, and waters, with such other matters as may serve for explanation, one copy thereof shall Where depo- be deposited in the office of the secretary of the commonwealth sited. on or before the first day of January, one thousand eight hun-a dred and forty-two, and one copy in the office of the clerk of the court of quarter sessions of the respective counties through which said road may pass on the day aforesaid, or as much, sooner as practicable, which copy shall be a record of the route of said road. Commision SECTION 11. The accounts of the said commissioners for er's accounts their own pay, and for the pay of surveyors, chain carriers, how paid and markers, shall be adjusted by the commissioners of the respective counties through which said road shall pass, and shall be paid by the treasurers thereof on warrants drawn in the usual way in proportion to the length of the road in such county respectively. Meeting of SECTION 12. The said commissioners shall meet on or be fore the first day of June next, or as soon thereafter as practi cable at such places as a majority of them shall agree upon, and complete the location of said road as soon as practicable, and if any vacancy or vacancies shall happen by resignation or any other cause, the court of quarter sessions of the proper county as the case may be, are hereby authorized to fill the vacancy or vacancies by a suitable appointment. SECTION 13. The said road shall be laid out upon such ground as to require in no place a grade of more than five Grade degrees, and as near the direct line between the said points as may be. SECTION 14. That so much of an act of the legislature pass 113 ed the sixteenth day of April, one thousand eight hundred and Delaware thirty-eight, as relates to roads and highways in the county of co. Newtown and Upper Delaware, entitled "an act granting certain powers to the au- Chichester thorities of the cities of Lancaster and Philadelphia, and for townships. other purposes," be and the same is hereby repealed from and after the passage of this act, so far as relates to the townships of Newtown and Upper Chichester, in the said county of Delaware. SECTION 15. That so much of an act of the legislature, passed the seventh day of April, one thousand eight hundred Middletown and forty, as relates to roads and highways, in the county of township Delaware, entitled "a supplement to an act entitled an act to Delaware co. provide for the erection of a house for the employment and support of the poor, in the county of Adams, and for other purposes, ," be and the same is hereby repealed from and after the passage of this act so far as relates to the township of Middletown in the said county of Delaware. SECTION 16. That the directors of the Juniata bridge com- Juni'ta bridge pany be and they are hereby authorized to increase or dimin- com. tolls. ish the rates of tolls on said bridge, so that at no time the dividends or profits from tolls or otherwise, shall exceed eight per cent per annum on the cost of construction, nor be less than six per cent. WM. A. CRABB, Speaker of the House of Representatives. JN. H. EWING, Speaker of the Senate. APPROVED-The twenty-seventh day of March, one thousand [No. 57.] AN ACT To prevent the destruction of Cranberries on the Peninsula of Presque Isle, in the county of Erie, between the first of July and the first Tuesday in October, and for other purposes. 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 Picking cran- of the same, That from and after the passage of this act, it berries betw'n shall not be lawful for any person or persons, to pick and carJuly and Oct. ry away cranberries from the peninsula of Presque Isle in the prohibited. county of Erie, between the first day of July and the first Tuesday in October. Proceedings how institu ted Penalty SECTION 2. Any citizen may complain to any justice of the peace of this Commonwealth, against any person or persons who shall be guilty of violating the first section of this act. The justice of the peace before whom such complaint is made, may issue his warrant against such persons violating the said first section of this act, directed to any constable in such county, (whose duty it shall be to serve the same as in other cases) where the said justices may reside. Upon any conviction of any such person or persons offending as aforesaid, upon hearing before the justice issuing the aforesaid warrant, the said justice shall enter a fine against defendant or defendants not less than ten nor more than twenty-five dollars against each person so offending, and costs of suit, one half to be paid to the directors of the poor, for the use of the poor of Erie county, and the other half to the complainant; and upon the failure of defendant or defendants to pay the same, the said justice shall issue an execution to be levied of the goods and chattles of defendant or defendants in the same manner that executions are now issued by justices of the peace in judgments on debt of similar amount. And the said complainant or defendant or defendants shall have the same rights to appeal and trial by jury in the common pleas of the county in which such complaint shall be made; and also, defendants shall have all the privileges of the benefit of insolvent laws of this commonwealth as in an action of debt. SECTION 3. That the Jackson Riflemen, Lancaster Fenci bles, and Washington Artillerists, of the city of Lancaster. in unteer comp the first brigade, fourth division, Pennsylvania militia, shall be exempt from parading with exempt from parading or drilling with any regiment or battalmilitia ion of militia: Provided, The above named companies shall Certain vol |