No. 73.

AN ACT Supplementary to an act relating to Hawkers and Pedlers in the county of

Washington. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assem. bly met, and it is hereby enacted by the authority of the same, That hereafter the penalty against hawkers, pedlers and traveling merchants in the county of Washington, as provided in act, entitled “An Act relating to hawkers and pedlers in the county of Washington," approved the twenty-seventh day of February, one thousand eight hundred and fifty-eight, shall be enforced in the manner following, that is to say: Any justice of the peace of said county, on view, or the information or complaint, on oath or affirmation, of any other person, shall proceed in a summary manner to conviction, against any person offending against the provisions of the aforesaid act, and in default of immediate payment of said penalty and costs, to commit such offender to the common jail of said county, there to be detained until discharged by due course of law; and one-half of all penalties which may accrue under the said act shall go to the informer; and any such informer, notwithstanding his interest, shall be a competent witness.

JOHN M. THOMPSON, Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED—The sixteenth day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 74.

AN ACT

To extend the jurisdiction of the Court of Quarter Sessions of York county,

in the matter of a Road to lead from the County Hospital to the York and Wrightsville Tumpike.

Section 1. Be it enacted by the Senate and House of Represenlatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the court of quarter sessions of the county of York is hereby

Opening of a cer- authorized and empowered, upon petition, to decree the opening tain road, rela- of a public road, of not more than one hundred feet in width, tive to.

to lead from the county hospital to the York and Wrightsville turnpike, at or near the line of the borough of York, in said

county: Provided, That all the proceedings therein shall be enProviso. tertained and exercised by said court in accordance with the

provisions of the general road laws, as in other cases.

Section 2. That in the assessment of damages for the openAssessment of

ing of said road, the benefits accruing to the property holders damages, rela- along the line of the same, on account of the extension aforetive to

said, shall be duly considered by the viewers appointed for the purpose of assessing said damage.

JOHN M. THOMPSON, Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED— The sixteenth day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 75.

AN ACT

To change the place of holding Elections in North Buffalo township, in the

county of Armstrong. WHEREAS, The owner of the house at which the elections have heretofore been held in North Buffalo township, in the county of Armstrong, wishes to be relieved from the further annoyance of public meetings at his house:

And whereas, No session of court will be held in said county before the time fixed by law for holding township elections in said county; 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 from and after the passage of this act, all general, special and township elections of North Buffalo township, in the county of Armstrong, shall be held at the public school house (number six) in said township.

JOHN M. THOMPSON, Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED— The sixteenth day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 76.

AN ACT

To prevent the destruction of Fish within the county of Lawrence. 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 it shall be unlawful for any person or persons within the county Time and manof Lawrence, between the first day of April and the first day of ner of fishing pre

scribed October in the present year, or any year hereafter, to catch or take any fish, in any of the waters of said county, by means of any seine or net of any kind, or by means of any night lines, or in any other method than by angling: Provided, That this Proviso. section shall not prohibit the taking of minnows with a seine or net not exceeding fifteen feet in length.

Section 2. That any person violating the provisions of this Penalty. act shall, for the first offence, forfeit and pay a fine of not less than five dollars, which shall go to the school district where the same shall be recovered ; and for the second offence, a fine of not less than ten dollars, and an additional five dollars for every subsequent offence.

Section 3. That the proceedings to recover said fines shall be Manner of prosummary, by complaint, on oath, before a justice of the peace ceeding to reof the county where the offence was committed, as in summary proceedings for profane swearing; and every such informer or complainant shall be a competent witness; and every such complaint shall be within thirty days after the offence committed.

JOHN M. THOMPSON,
Speaker of the House of Representatives pro tem.

WM. M. FRANCIS,

Speaker of the Senate. APPROVED—The sixteenth day of February, Anno Domini one thousand eight hundred and sixty.

WM. F. PACKER.

No. 77.

AN ACT

Relating to Roads and Bridges in the county of York. Section 1. Be it enacted by the Senate and House of Represen. {atires of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That

Number of the number of road and bridge viewers appointed by the court viewers.

of quarter sessions of the county of York, shall be three. Every view, review and re-review shall be made by the whole number of persons so appointed, a majority of whom shall concur in

their report, in order to its confirmation by the court. Public notice of

Section 2. That in all cases where the court of quarter sesproposed route sions shall appoint viewers to locate a public road or a bridge, to be given.

the viewers so appointed shall not proceed to view and locate the same until the persons interested in the road or bridge shall have given public notice, on the route of the proposed road, by written or printed advertisements, of the time and place when said viewers shall meet for the purpose of locating said road or bridge, at least ten days before such time of meeting; and the viewers so appointed shall receive one dollar for each day necessarily engaged in making said view, and mileage for traveling from their place of residence to the place of view, and return

ing therefrom, each viewer for each mile circular, six cents: Proviso. Provided, That said mileage does not exceed one dollar for each Proviso. viewer: And provided further, That in all cases in which one

of the viewers shall perform the duties of surveyor, he shall

receive two dollars per day for said services. Damages, rela- SECTION 3. That if the viewers aforesaid, after being duly tive to.

qualified, shall decide in favor of locating a public road or bridge, as the case may be, it is hereby made their duty to obtain, from the persons through whose lands the road may pass, releases for any damage that may arise to them in opening the same; and in every case where the owner or owners of such land refuse to release their claim to damages, it shall be the duty of the said viewers to assess the same, taking into view the advantages as well as disadvantages arising from said location, and make report of such assessment, which they shall

transmit to the next court of quarter sessions, with a draft or Drafts, where plot of the location, to be filed by the clerk with the papers in filed.

the case; and it shall be the duty of the viewers to state, in their report, whether in their opinion the road is of such public utility that the amount of damages ought to be paid by the

county. Court of quarter

Section 4. That it is hereby made the duty of said court to sessions, duty of examine the amount of damages assessed as aforesaid ; and if relative to damages.

it shall appear to said court that the amount of damage assessed on the location of said road or bridge is so small that the public interest will be advanced by paying the same and opening the road, the court shall decide accordingly; but if the court shall be of opinion that the necessity for the road will not justify the

county in paying the damage assessed, the court shall refuse to Proviso. confirm the report of said viewers: Provided, That if any per

son or persons shall pay the damage, or reduce the same to what

the court may deem reasonable and just in the case, then the Proviso. road or bridge may be confirmed as heretofore : Provded fur

ther, That no petitioner for any road shall receive any damage

occasioned by the construction thereof. Further duties of Section 5. That it shall be the duty of the court, upon sufficourt of quarter cient cause being shown by any person or persons affected by sessions.

such report, by petition or petitions presented therefor, not later than the third day of the next stated term to which the report

&c.

is returnable, to appoint reviewers or re-reviewers; but when there is more than one petition presented for a review or rereview, the court shall appoint the same reviewers or re-reviewers on all the petitions, and direct one order only to be issued for the review or re-review of the road or assessment of damages, who shall have the same power as is given to viewers in the third section of this act, as to location, releases and assessment of damages; and the same notice shall be given of the time and place of meeting; and the court shall have the same power in regard to their report as in the case of views; and all proceedings in reviews and re-reviews shall be under this act, and no other; and the court charges, advertising, and pay of reviewers and re-reviewers and surveyors, shall be paid by the petitioners or others interested.

Section 6. That it shall be the duty of the clerk of the court County commisof quarter sessions to lay all reports on roads and bridges before sioners

, duties of, the county commissioners, to be examined by them; and it shall be their duty to report, for the information of the court, what they know in the premises; and in regard to bridge reports, it shall be their duty, in addition, to cause an accurate estimate of the cost thereof, which they shall attach to said report, for the information of the court and grand jury.

Section 7. That it shall be the duty of the supervisors of the Daty of supervi. several townships, and other persons having charge of the high- sors. ways in incorporated boroughs, to keep in repair all bridges built, or that may hereafter be built, by the county commissioners, at the charge of the county; and they shall be subject to the like penalties for neglect as they are now liable to in the case of roads and bridges built at the expense of the township or borough.

Section 8. That when the viewers appointed shall decide in Damages, relafavor of locating or re-locating a private road, they shall view tive to. and assess the damages, if any, and make report thereof; and the proceedings thereupon, to review or re-review the damages, shall be as herein before provided in case of public roads.

SECTION 9. That it shall be the duty of the persons interested Notice to be to give at least ten days' notice, to one of the county commis- given to commis

sioners of views, sioners, of the time and place of holding all views, reviews and &c. re-reviews, for the assessment of damages held under authority of this act.

Section 10. That all exceptions filed to report of viewers, re. Exceptions to reviewers or re-reviewers, for any of the purposes mentioned in port of viewers,

&c., relative to. this act, shall be verified by the oath or affirmation of at least one of the exceptors; and that no report of viewers, reviewers or re reviewers shall be set aside for any informality in the proceedings, if it shall appear by the report, or by proof made to the court, that notice of the time and place of meeting was given agreeably to the provisions of this act, that the viewers, reviewers or re-reviewers were duly sworn or affirmed before they proceeded to act, and afterwards viewed the site of the road or bridge; but any informality may be amended or omission supplied by the court, or the report may be re-committed to the viewers, reviewers or re-reviewers for amendment; and in no case shall any alias view, review or re-review be awarded.