vember last, at planes eight and five, by reason of the cars becoming detached and running down the planes, and if they shall ascertain that said damages or any portion thereof was occasioned by neglect or misconduct of any State officer or agent or any defect in the machinery of the road, they shall assess the same and report the amount to the Legislature with a statement of the facts: Provided, That no damages shall be allowed except for the actual injury done to the cars and merchandize contained therein, and no item of damage shall be allowed unless the amount of the actual loss, deducting the value of the amaged cars and merchandize, shall be clearly established by affidavit. SECTION 2. That the Canal Commissioners be required to have printed in proper form, the second section of "An Act relative to the Gaim of Hawthorn Freeland and for other purposes," passed the eleventh day of April, one thousand eight hundred and forty-four, and cause the same to be posted conspicuously at the head and foot of each plate on the Allegheny Portage railroad and at such other points on the lines of the public works as they shall deem proper, with a notice attached thereto that they will rigidly on all occasions enforce its pro visions. W. P. SCHELL, Speaker of the House of Representatives. THO. CARSON, APPROVED The twenty-sixth day of February, A. D., one thousand eight hundred and fifty-three. WM. BIGLER. No. 103. A SUPPLEMENT To the act entitled "An Act authorizing the Governor to incorporate the SECTION 1. Be it enacted by the Senate and House of Represen. latives of the Commonwealth of Pennsylvania in General Assembly mel, and it is hereby enacted by the authority of the same, That the East Liberty and Penn township plank road company be, and they are hereby authorized to erect and set up a gate or gates, and levy and collect tolls, when they shall have completed two or more miles of said road next East Liberty. SECTION 6. That all roads which will be supplied or rendered useless by the location or construction of the said plank road shall be hereby Tucated. W. P. SCHELL, Speaker of the House of Representatives. APPROVED-The twenty-sixth day of February, A. D., one thousand eighs hundred and fifty-three. WM. BIGLER. 1 No. 104. AN ACT Authorizing the laying out of a State road from Ayr township, in Fulton county, to Warren township, in Franklin county; and relating to the collection of taxes in Franklin 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 Commissioners. Archibald M'Cullough, of Franklin county, John Pott and Jacob Location. Duties of commissioners. To mark the route on the ground. Compensation. Further duties. Drafts to be Aled. Haugher, of Fulton county, be, and they are hereby appointed commissioners to view and lay out a public road, commencing at or near the house of David Crouse, in Ayr township, Fulton county, running to the most convenient point between Haven iron works and Licking creck, on the public road leading from the Gap to the Chesapeake and Ohio canal. SECTION 2. That it shall be the duty of the said commissioners or a majority of them, after taking and subscribing an oath or affirmation before some qualified officer of the peace to perform the duties enjoined on them by this act with fidelity and impartiality, to carefully view the ground over which the said road may pass, and lay out the same as near to a straight line, from point to point, as the nature of the ground will permit, so that the vertical departure from a horizontal line shall at no place exceed five degrees, excepting only at the crossing of ra vaines and streams when by moderate filling or bridging the declination of the said road may be preserved within that limit. SECTION 3. That it shall be the duty of said commissioners plainly to mark the ground on the route agreed upon for the road aforesaid, in such manner as to enable the supervisors readily to find the same, and for the purpose of fulfilling the duties of this act enjoined, the said commissioners are hereby authorized to employ one competent surveyor at a per diem allowance of two dollars, and two chain-carriers and one axeman at a per diem allowance not exceeding one dollar, and the said commissioners respectively shall receive a per diem allowance not exceeding one dollar and fifty cents for each and every day necessarily spent in the discharge of the duties enjoined by this act to be paid in the manner and form hereinafter directed. SECTION 4. That it shall be the duty of the said board of commissioners to proceed to view and lay out the said road on or before the first Monday of August next or as soon thereafter, as practicable to make out a fair and accurate draft of the location of said road respecmade out and tively noting thereon the courses and distances as they occur, the im provements passed through, and also the crossing of township lines, roads and waters, with such other matters as may serve for explanation, one copy whereof to be deposited in the office of the Secretary of the Commonwealth on or before the first day of December, Anno Domini, one thousand eight hundred and fifty-three, and one copy in the offices of the clerks of the courts of the respective counties in which said road may be laid out on the day aforesaid or as much sooner as practicable, and said road shall, to all intents and purposes, be a public highway, and shall be opened to the breadth and repaired in all respects as roads are opened and repaired which are laid out by order of the courts aforesaid. SECTION 5. That the account of said commissioners for their own Accounts, how pay and the pay of the surveyor, chain-carriers and axemen, et cetera, settled. shall be made out and returned to the commissioners of such counties in which said road may be laid out in proportion to the time spent in the respective counties in locating said road, and that they be paid out of the treasury of each of the respective counties on warrants drawn in the usual way. SECTION 6. That in case any vacancy in said board of commissioners Vacancies. should occur by resignation or otherwise it shall be filled by the majority of said commissioners or appointment by the judges of the court of quarter sessions of the county in which said person or persons causing said vacancy shall have resided. visors. SECTION 7. That it shall be the duty of the supervisors of the sev- Duties of supereral townships through which said road shall pass, upon notice given, to proceed at once and open and make the said road as other roads are made, and on failing to comply the said supervisors or any of them, shall forfeit and pay a fine not less than fifty dollars, to be collected as other fines are collected, and said fines shall be applied to the use of said road. Franklin co., in SECTION 8. That hereafter it shall be the duty of the commissioners Duties of com, of the county of Franklin, in each and 'every year, immediately after missioners of the assessment of taxes for state and county purposes shall be com-relation to the pleted in the manner prescribed by law, to cause their clerk to make collection of fair duplicates thereof in a convenient form and deliver the same to the taxes. treasurer of the said county, together with a certificate under their bands respectively, and attested by their clerk certifying that the taxes charged in said duplicates have been duly assessed according to law. SECTION 9. That it shall be the duty of the county treasurer, of Duties of county said county, after he shall receive the duplicates of the assessments treasurer. from the county commissioners as herein before provided, to give at leat thirty days' notice by weekly publication in one or more newspapers printed in said county, of the times and places at which he will attend in each township and borough, in said county, for the purpose of collecting and receiving State and county taxes, and it shall be the duty of the said treasurer to attend at least two days in each township and borough in said county, for the purpose aforesaid, previous to the first day of August in each year, and he shall give receipts for taxes in all cases when required by the person paying the same: Provided, That if any person shall on or before the first day of August aforesaid pay to such treasurer the amount of his or her taxes, such person shall be entitled to a deduction of five per centum on the amount thereof, which shall be in lieu of the abatement of five per cent. allowed the county by the forty second section of the act to reduce the State debt, etc., passed the twenty-ninth day of April, one thousand eight hundred and forty four. non-payment of SECTION 10. In case any State or county tax assessed in any town- Treasurer to ship or borough within the said county, shall remain unpaid for a issue his warperiod of thirty days from and after the first day of August aforesaid, rant in case of it shall be the duty of the treasurer to issue his warrant under, his taxes. hand, accompanied by a schedule of all such unpaid taxes, and the names of the persons respectively to whom the same are charged in the proper duplicate, directed to the constable of the proper township or borough, whose duty it is hereby made to receive the same, authorizing and requiring him to demand and receive from the persons named in the Treasurer to taxes in Schednie. schedule the sums with which they are therein charged respectively; and the said warrant shall further authorize and require such constable, in case any person named in the schedule there to annexed shall fail to pay the amount with which such person is therein charged, within ten days after demand therefor made by such constable, to levy the same by distress and sale of the goods and chattels of such delinquent, giving ten days' public notice of such sale by written and printed advertisements, and in such case the constable shall be entitled to retain out of the proceeds of such sale after first deducting the taxes, the same fees as are now allowed to constables by law for a levy and sale upon a writ of execution. SECTION 11. That upon the delivery by the county treasurer of his ebarge constable warrant to any constable according to the provisions of this act, he shall with amount of charge such constable with the whole amount of taxes contained in the schedule thereto annexed, in a book to be provided for the purpose, from which liability such constable and his sureties under the provisions of this act, shall only be discharged by payment of said amount, after deducting such exonerations as may be allowed to such constable and certified to the said treasurer by the county commissioners for mistakes, indigent persons, unseated lands, and other cases wherein exonerations are now by law allowed to collectors of taxes. Duties of court sions. SECTION 12. That it shall be the duty of the court of quarter sesof quarter ses- sions in and for said county of Franklin, before they shall appoint constables, to require from them a bond in the name of the Commonwealth, in such sum and with such sureties as shall be approved by the said court conditioned for the faithful discharge of the duties imposed upon such constables by this act, and for the payment to the proper county treasurer of the full amount of taxes contained in any warrant and schedule which shall be delivered to them or any of them, by the county treasurer of said county, after deducting exonerations within four months from and after the date of the delivery of any such warrant as aforesaid. Duties of constables. Creasurer to cause an action 10 be brought against constable on failure to pay. SECTION 13. That it shall be the duty of constables who shall receive warrants from the county treasurer of said county, under the provisions of this act to settle their accounts, obtain their exonerations, and pay over to the treasurer of said county all moneys collected by them in pursuance of the said warrants, within four months from and after the day of delivery of such warrants to them respectively, which day shall be endorsed on each warrant by the treasurer issuing the same, and shall also be by him entered in a book to be by him kept for that purpose, which book, verified by the oath or affirmation of such treasurer, or in case of his death, absence out of the State, or other inability to appear and testify, by the oath or affirmation of any credible person proving the hand writing of such treasurer, shall be competent evidence to establish the fact of the delivery of any warrant or warrants to any constable or constables as aforesaid in any court of law in this Commonwealth. SECTION 14. That in case any constable shall fail to make the settlement and payment required in the preceding section of this act within the time aforesaid, it shall be the duty of the treasurer of said county immediately to cause an action of debt in the name of this Commonwealth to be brought upon the bond of such constable, and if upon the trial of any such suit it shall appear that such constable has not complied with the provisions of this act, judgment shall be rendered against the defendants therein for the amount for which such constable is delinquent, together with interest at the rate of twelve per centum per annum from and after the expiration of the aforesaid period of four months and full costs of suit, and in all such cases there shall be no stay of execution or other stay, any law to the contrary notwithstanding, but it shall be the duty of the said treasurer to prosecute such judgment to execution and satisfaction without delay. duties. SECTION 15. That if any treasurer or constable shall fail or refuse Penalty for reto perform any of the duties required of them respectively by this act, fusal to perform he or they shall for every such offence forfeit and pay a fine of fifty dollars, which shall be recoverable in the name of the Commonwealth at the instance of any person who will sue therefor, in the same manner as debts of like amount are now by law recoverable, with costs of suit, and one moiety thereof shall be paid into the treasury of the Commonwealth, and the residue to the person sueing for and recovering the same. SECTION 16. That in lieu of the per centage now received by the Compensation. treasurer of said county on State taxes by him paid into the State Treasury, he shall hereafter be entitled to deduct and retain out of the gross amount of moneys collected and received by him for the use of the Commonwealth under the provisions of this act, the sum of six per cent. on the amount accounted for and paid over by him to the State Treasurer, four per cent. of which shall be passed by him to the credit of the county. SECTION 17. That it shall be the duty of the commissioners of the Further duties said county of Franklin to deliver the duplicates of assessments for the of commispresent year to the county treasurer on or before the first day of May sioners. next, and to deliver the duplicates of assessments for each succeeding year on or before the first day of April. SECTION 18. That so much of any law as requires the commissioners Repeal. of said county to appoint collectors of taxes, and so much of any law as is hereby altered or supplied is hereby repealed so far as relates to the county of Franklin. SECTION 19. That hereafter the pay of assessors in the county of Pay of aseesFranklin shall be two dollars per day for every day necessarily re- sors. quired to make the assessment for State and county purposes. APPROVED-The twenty-sixth day of February, A. D., one thousand eight hundred and fifty-three. WM. BIGLER. |