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entire an estate, in fee simple, or otherwise, which passed, by the sheriff's sale, or sales, or purchase, as aforesaid.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 294.

An Act

For the improvement of certain roads in Buffalo township, Washington 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 citizens of Buffalo township, in the county of Washington, are hereby authorized and empowered to subscribe money and labor to such persons as may be, by consent, designated by them, for the purpose of receiving the same; said money and work shall be appropriated and employed to grading and macadamizing the road leading from the S. bridge, on the National road, to and through Taylorstown, to a bridge on Buffalo creek, on the farm of James Hodgens; also, the roads diverging from said road to the top of Taylorstown hill and the Taylorstown depot; and the supervisors and auditors of said township are hereby authorized and required to allow such citizens as shall subscribe hereafter, or have heretofore subscribed money, or labor, for said purpose, a credit for the amount so subscribed, in payment of their road taxes; and if the same is greater than their road taxes for a single year, they shall be allowed a credit on their taxes, for succeeding years, until the same is paid: Provided, That no credit shall be allowed, to such subscribers, unless they produce a certificate from the persons chosen to receive said subscriptions as aforesaid,. of the amount of money, or labor, subscribed by them, respectively, and that they have paid the same, in full.

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APPROVED-The fourth day of April, Anno Domini one thou

sand eight hundred and sixty-three.

A. G. CURTIN.

No. 295.

An Act

Relative to the draining of wet or spouty lands in certain counties.

WHEREAS, Large quantities of wet and spouty lands exist Preamble. in this commonwealth, which might, for agricultural uses, by draining, be rendered productive and valuable, but for want of some legal authority to continue, or extend, drains upon, or over, the land to which the water naturally flows, they cannot be so improved; therefore,

to court.

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 when the owner, or owners, of wet or spouty land, in Persons desithis commonwealth, shall desire to improve the same, for agri- ring to drain cultural purposes, by surface, or under, drains, or both, and their lands to when, from any cause, it becomes necessary to extend said present petition drains upon, or over, the land of other owners, in order to render them effectual, the person, or persons, so desiring to drain, may present a petition to the court of quarter sessions of the county wherein such land may be, setting forth the situation thereof, and the necessity for an extension of the proposed drain, or drains, upon, or over, the land of such other owners, specifying the probable extent thereof; and thereupon, the said court shall appoint three judicious persons to view the proposed Court to appoint drain, or drains; and said viewers shall view the same, and if three viewers. they, or a majority of them, shall agree that there is occasion

for such extension of such drain, or drains, in order to effect Their duties and the agricultural improvement, and development, of said land, powers. they, or a majority of them, shall proceed to lay out the same, having respect to the shortest distance, and the best ground, for the location thereof, and in such manner as shall do the least injury to private property, and also be, as far as practicable, agree

Expense of

able to the desire of the petitioners, and make report to the next Report to be term of said court, of their proceedings; and said viewers, or a made. majority of them, shall assess the damages, on behalf of the per- Damages. son entitled thereto, if any, in their opinion, will ensue from such extension, and report the same, together with a plot, or draft, of the drain, or drains, by them laid out, specifying also whether the same shall be surface, or under, drains, and the expense of the said views shall be paid by the persons applying views. for the same; due notice, of the time and place of meeting of Notice required said viewers, to be given to all parties in interest: Provided, That if any person, by mill-dam, hereafter constructed, or other Obstructions to obstruction, hinder the drainage of land adjoining their own, drainage, relathe viewers appointed, as aforesaid, shall, upon petition of the tive to. owner of said land, assess, and report, the damage sustained by such obstruction, subject to the provisions of section first of this act.

Certain provisions extended to cases under

this act.

When report confirmed and damages paid,

court to issue order to petitioners.

SECTION 2. That the twenty-fifth, fifty-first, fifty-third and sixtieth sections of the act of the thirteenth of June, one thousand eight hundred and thirty-six, entitled "An Act relating to roads, highways and bridges," be and the same are hereby extended to all cases arising under this act.

SECTION 3. That if any of said reports, in favor of an extension of such drain, or drains, shall be confirmed by the court, proof being first made in all cases wherein damages have been assessed, that the said damages have been paid to the party to whom the same were awarded, or to the county treasurer, for the use of such party, the said court shall direct their clerk to issue an order, to the party petitioning, authorizing him, or them, to excavate, and construct, said drain, or drains, in the manner as laid out and directed in and by the said report; and the said petitioners, their heirs and assigns, shall be empowered, and required, to keep and maintain the said drains, when made, in good order and repair, and in default thereof, the said court shall have power, upon due proof of the facts, to them made, and full hearing of the parties concerned, to order and direct the said drains to be closed up and vacated: Provided, That nothing, in this act contained, shall authorize the overflowing of any land not specially provided for in the said report: And To extend only provided, That the provisions of this act shall extend only to to certain coun- the counties of Snyder, Juniata, Dauphin, Lycoming, Bradford,

Drains to be kept in good order.

Proviso.

ties.

Union and Indiana.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 296.

An Act

To vacate a portion of Church street, in the Twenty-Fourth ward of the city of Philadelphia.

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 Church street, between Forty-First street and FortySecond street, in the Twenty-Fourth ward of the city of Phila

delphia, as laid down on the plan of said city, and not opened, be and the same is hereby vacated.

JOHN CESSNA,

Speaker of the House of Representatives.
GEORGE V. LAWRENCE,

Speaker of the Senate.

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

A. G. CURTIN.

No. 297.

An Act

Fixing the compensation of the County Treasurer of Delaware 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 the county treasurer of Delaware county shall be entitled to retain one per cent. out of all moneys, except state taxes, not exceeding sixty-five thousand dollars, received by him, by virtue of his office, and out of all moneys in excess of said amount, he shall be entitled to retain one-fourth of one per cent. as a compensation for the service: Provided, That such compensation shall not, in any case, exceed the sum of one thousand dollars per annum, nor be less than three hundred.

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

A. G. CURTIN.

No. 298.

In Act

Authorizing John Ransom, of Montoursville, to establish and maintain a Ferry over the Susquehanna river, near the "Cannon Hole," in Lycoming 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,

Ferry authorized. Location.

To be kept in

good order, &c.

Subject to.
Prohibition.

Authorized to

convert it into either a rope or steam ferry.

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That a public ferry is hereby established across the river Sus quehanna, from land of John Ransom, near his saw mill, on the north side of said river, to the land of Mr. Sechler, on the south side of said river, near the Philadelphia and Erie railway, in the county of Lycoming.

SECTION 2. That John Ransom, of Montoursville, his heirs and assigns, shall own and establish, and have the exclusive right to use, said ferry, and keep the same in good order and repair, and furnish all needful facilities for crossing said river, and receive such tolls as are customary and allowed, by law, to be regulated by the court of quarter sessions of Lycoming county; and the said ferry, and the owners thereof, shall be subject to all general laws of this commonwealth regulating ferries.

SECTION 3. That all persons are hereby prohibited from using the said river, for the purposes of a ferry, for the space of one mile above and below said ferry.

SECTION 4. That the said John Ransom, his heirs and assigns, shall have the right to establish and operate said ferry, by means of ordinary boats, or convert said ferry either into a rope, or steam ferry, if he, or they, shall deem it advisable, and have the privilege of erecting posts, et cetera, on any land contiguous to, or adjoining, said landings: Provided, That the navigation of said river shall not be impeded; and that the said ferry may be abolished, by law, whenever the public interest may require it, in such manner, however, that no injustice shall be done to the said John Ransom, his heirs, or assigns: Also provided, That the said John Ransom, his heirs and assigns, shall pay to the owner, or owners, of the land, or lands, on which the landings may be made and the said posts erected, all damages which may accrue to said owner, or owners, in consequence thereof; which said damages, if they cannot be amicably arranged, shall be assessed by three disinterested persons, to be appointed by the court of quarter sessions of Lycoming county, and their report and proceedings shall be the same, in every respect, as in the case of laying out and opening roads under existing laws.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The fourth day of April, Anno Domini one thou

sand eight hundred and sixty-three.

A. G. CURTIN.

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