Sessions of the respective counties aforesaid, on the day afore said, or sooner if 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 and repaired in all respects as reads are opened and repaired, which are laid out by order of court. SECTION 5. The compensation of the commissioners shall be two dollars each, for every day necessarily employed by of comm'rs. Compensata virtue of this act, and the accounts of said commissioners shall be adjusted and allowed by the commissioners of the respective How adjusted counties through which the road passes, and paid by the trea- and allowed. surers thereof, on warrants draw in the usual way, and in proportion to the length of the said road in such county respectively; the commissioners shall meet on the first Monday in May next, or as soon thereafter as possible, and complete the said work as soon as practicable; and if a vacancy or vacancies occur by resignation or otherwise, of one or more of Vacancies said commissioners, the others, or a majority of them, shall supplied. appoint a person or persons in his or their place to perform the duties aforesaid. Speaker of the House of Representatives. WM. PATTERSON, JACOB KERN, Speaker of the Senate. APPROVED-The fourteenth day of April, Anno Domini, eighteen hundred and thirty-four. Commiss❜rs, where to meet. GEO: WOLF. No. 172. AN ACT To authorize the executors of the last will and testament of Joseph Shultz deceased, to sell certain real estate, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Re presentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the sam, That Daniel Shultz, Amos Shultz, and Isaac Shultz, junior, executors of the last will and testament of Joseph Shultz, late of Douglass township, in the county of Montgomery, deceased, are hereby authorized to sell at public or private sale, Sale of cert'a as to them shall scem most conducive to the interest of said es- real estate tate, all the real estate of said deceased, situated in the town- authorized. ship of Hereford, in the county of Berks, or such part thereof as they shall think advisable, and to convey the same, either in whole or in parcels, to the purchaser or purchasers thereof: Provise. Preamble to 2d section. Unpaid two shares, how drawn. Proviso. Provided, That before the execution of the deed or deeds for the premises, the said executors shall give bond, with such se, curity as the Orphans' Court of Berks county will approve of, conditioned for the faithful application and distribution of the proceeds of sale, as the said Orphans' Court, having reference to the last will and testament of the deceased and the situation of his estate, shall order and decree. AND WHEREAS, Andrew Greiner died intestate, in the year one thousand eight hundred and twelve, or thereabouts, and left issue seven children, each of whom was entitled to draw of the intestate's estate the sum of fifty dollars, but the amount of two shares has not been paid by the administrator, they having emigrated to the western country previous to the death of the said deceased: And whereas, Upon the application of the securities of the administrator of said estate, the Orphans' Court of Berks county directed the said sum of one hundred dollars to be and remain a lien and charge upon the real estate of the said deceased, for the use and benefit of the said two absent heirs And whereas, It has been represented by petition that the said heirs have never appeared nor been heard of since their removal to the west, during the period of twenty-two years, to claim the said amount thus secured to them: And whereas, It is also represented that great difficulty exists in the sale of the said land in consequence of this incumbrance being upon it: : SECTION 2. The other heirs and legal representatives of the said Andrew Greiner, deceased, are hereby authorized and enabled to draw and receive the said sum of one hundred dolars, secured as aforesaid, together with the interest thereon, and upon the receipt thereof to give and execute sufficient acquit tances of the same as shall discharge the lien therefrom: Provided however, That the said heirs and legal representatives, or any of them, previous to the receipt of the same, enter into bond or bonds, with such condition as the ease may require, with security approved of by the Orphans' Court of Berks county, which said bond or bonds shall be filed with the clerk of the Orphans' Court aforesaid. WM. PATTERSON, Speaker of the House of Representatives., Speaker of the Senate. APPROVED-The fourteenth day of April, Anno Domini, eighteen hundred and thirty-four. GEO: WOLF. No. 173. AN ACT Altering and extending the powers of the corporation of the borough of SECTION 1. Be it enacted by the Senate and House of Re presentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That whenever the burgesses, high constable and common council of the borough of Bristol, shall deem it expedient to lay out and open any street or alley in said borough for pub- Damages suslic use, through any land, whereby the owner or owners shall tained by sustain damage, the person or persons sustaining such dam- laying out age may, within three years but not afterwards, make a represtreets, &c. sentation, by petition, of the damage he has sustained, to the how adjudged and paid. court of Quarter Sessions in and for the county of Bucks, and the said court shall appoint a jury of twelve disinterested men, (not residents in said borough,) to view and adjudge the amount of the damage, (if any,) sustained, and the said amount of damage or damages shall be paid, (after being approved by the said court, under the existing laws of this Commonwealth for ascertaining damages by public roads,) by the said burgesses, ligh constable and common council of the said borough of Bristol : Provided always, That it shall be the duty of the viewers, in Proviso. assessing damages, to take into consideration the advantages derived from such street or alley passing through the land of the complainant. The viewers appointed under this act to ascertain damages sustained by individuals in opening streets or alleys in said borough, shall, each of them, take an oath or affirmation, before some judge or justice of the peace, justly and truly to value the same, and also to consider the advantage as well as the disadvantages of said street or alley. And whereas, by the act of incorporation of said borough of Bristol, the high constable is ex officio collector of the borough tax on assess. ments, and is not compelled to give security for the same: Therefore, &c. SECTION 2. From and after the passage of this aet, High const. the high constable of the said borough of Bristol, and his suc- to give bond, cessor, shall be compelled to give bond, with sufficient security, to be approved by the burgesses and common council, in such Burgess and sum as they deem advisable, for the faithful performance of his C. C. may duties, and if he shall neglect or refuse to give said bond, as appoint a aforesaid, after ten days notice, the said burgesses and common collector. council may appoint a suitable person as collector, for the period said high constable was elected. WM. PATTERSON, Speaker of the House of Representatives. Speaker of the Senate. GEO: WOLF. APPROVED-The fourteenth day of April, Anno Domini, eigh teen hundred and thirty-four. No. 174. AN ACT To encourage the destruction of foxes and wild cats in the county of Juniata. 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, any person or persons who may kill any fox or foxes, wild cat or wild cats, within the county of Juniata, in this Commonwealth, and who shall produce the scalp of said fox or foxes, wild cat or wild cats, having the ears thereon, before any justice of the peace in and for the said county of Juniata, it shall be the duty of such justice to examine such person or persons, on oath or affirmation, touching the place where and time when such fox or foxes, wild cat or wild cats, was or were taken and killed; and if the place or places of such taking and killing shall be found to be within the bounds of the proper county, it shall be the duty of such justice to give the person or persons a certificate of the facts to the commissioners of the county, together with the scalps as aforesaid; and the said commissioners, upon the receipt thereof, shall immediately have such scalp or scalps destroyed, and thereupon draw their warrant on the county treasurer of the proper county, for the scalp of a full grown red fox, fifty cents, and if for the scalp of a full grown wild cat, seventy-five cents, and for those that are not full grown, either fox or wild cat, twenty-five cents, for each and every scalp so produced as aforesaid, and it shall be the duty of such treasurer, and he is hereby directed to pay the amount of said order. WM. PATTERSON, Speaker of the House of Representatives. Speaker of the Senate APPROVED-The fourteenth day of April, Anno Domini, eigh teen hundred and thirty-four. GEO: WOLF. No. 175. AN ACT To prevent the destruction of Trout in the Big Spring in the county 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 if any person shall fish for, or wilfully catch or kill trout, in the Big Spring in the county of Cumberland, from the first day of September to the first day of May, in each and every year, or a non-proprietor, at any other time, without consent of the owner, he shall forfeit and pay the sum of five dollars for every such offence. Penalty $5. SECTION 2. If any person shall enter in and upon the premises of any owner of land on the said Big Spring at night, Penalty $5. for the purpose of fishing in the said Big Spring, in the county of Cumberland, with lights or torches, without the consent of the owner of such land first had and obtained, he shall forfeit and pay the sum of five dollars for every such offence. SECTION 3. Where any penalty, inflicted by this act, shall Penalties, be incurred, the same shall be recoverable by action of debt, in how recov'd. the name of the commonwealth, as debts of a similar amount are by law recoverable, and when recovered, such penalty shall be paid to the supervisors of the roads of the proper township, for the use of the public highways therein. WM. PATTERSON, Speaker of the House of Representatives. JACOB KERN, Speaker of the Senate. APPROVED-The fourteenth day of April, Anno Domini, eigh teen hundred and thirty-four. GEO: WOLF. |