Vacancies, how supplied. Damages, how office for one year; and the said road commissioners shall enter the result of said election in their book of records. SECTION 23. That if any district shall fail or neglect to elect a path master as aforesaid, or if any vacancy shall occur from any other cause, the said commissioners shall fill such vacancy by appointment, until the next election. SECTION 24. That if any person or persons shall hereafter claim assessed and paid. damages, on account of any road being laid out by said commissioners through the improvements of said person, or by reason of materials taken by direction of said commissioners, to repair or make any road or bridge, such person or persons shall apply to the said commissioners for redress; and if the said commissioners and the auditors of the township, or a majority of them, shall, after viewing the premises, be of opinion that such person or persons are justly entitled to damage, they shall fix the amount or sum such person or persons are entitled to receive; and if the applicant is satisfied to accept the amount, then the said commissioners shall draw an order on the treasurer of the township for such amount, and present it to said applicant, in full of such damage; but if such person or persons shall not be satisfied with the amount fixed, they may enter complaint before a justice of the peace, as is hereafter provided in cases of confirming or rejecting roads; and the justice shall proceed in like manner, as is provided hereafter in confirming or rejecting roads, and that decision shall be final and conclusive. How views are to be obtained. Proceedings in case of complaint. of the peace. SECTION 25. That the road commissioners shall not be required to view any route of a proposed road, unless the petition praying for the same be signed by at least twelve citizens of the township, where said proposed route for a road is located. SECTION 26. That if any person or persons shall feel aggrieved on account of any new road being laid out by said road commissioners, or on account of the alteration of any old road by the same, such person may apply to a justice of the peace of said township, or to a justice of an adjoining township or borough, and make his or their complaint; and if the said justice shall be of the opinion that there is good cause of complaint, he shall issue a summons, directed to any constable, to summon the said road commissioners to appear before him, at a time fixed in the said summons, not more than eight nor less than four days after the date of said summons. Proceedings to be SECTION 27. That the said justice shall, at the same time of issuing the had before justice summons, as directed by the twenty-sixth section of this act, issue a notice to six reputable citizens, to appear at his office, at the same time the summons is made returnable; and when the six citizens have appeared, shall administer an oath or affirmation to them, to well and truly try all matters in regard to the location of the said road, or the establishing of the same; the said justice shall preside, and decide the questions of law that may arise in the trial of the case; and after a full hearing of the case, the six men so chosen as a jury, shall determine whether such road so laid out by said commissioners, shall be confirmed or not; the said justice always giving the casting vote, in case of an equal division by the jury, and the decision so made by a majority of said justice and jury, shall be final and conclusive, in regard to said road, for two years thereafter: Provided, That the road commissioners may reject any four of the six men chosen by said justice, on the ground of interest, or other cause, and substitute others in their place, who shall be sworn or affirmed, and subject to the same regulations as the first chosen. Proviso. SECTION 28. That the said justice and constable shall be entitled to Justice, constable the same fees that are now allowed by law, for similar services; and and citizens' pay. the six men chosen by the said justice, as a jury, shall each be allowed seventy-five cents per day for every day necessarily spent in such trial; but before any suit shall be brought under this act, the person or persons making such complaint, if they shall not be good responsible freeholders, shall enter good and sufficient bail for all costs that may accrue on the trial of the case, which bail so entered, shall be holden absolute for the payment of all costs, as aforesaid, should judgment be rendered against said complainant, on the trial of such case. SECTION 29. That the six men chosen as a jury by the said justice, ror. shall meet, as required by said justice, or pay the sum of two dollars Penalty for not each, to be recovered at the suit of the complainant in the case, as debts attending as a juof like amount are recoverable, and collected by law, unless such juror shall be detained in consequence of the sickness of himself or family, or some other unavoidable cause, which shall be adjudged by the justice before whom suit is brought, to be sufficient to excuse said juror; and the justice before whom suit is brought, for the trial of the case by jury, as named in the twenty-seventh section of this act, shall have power to fill any vacancy that may occur by the non-attendance of any such juror, Vacancies, how by appointment of some other person at the time, and on the day of supplied. such trial; and any such person so appointed shall be liable to the same penalty, as though he had been originally appointed. SECTION 30. That when the justice and jury shall hear and deter- Judgment to be mine any suit under this act, the justice before whom the suit is brought, entered, and proshall enter judgment for costs against the complainant if the said road is ceedings thereon. confirmed, and against the said road commissioners if the said road is condemned; and when the justice enters judgment against the said commissioners, the said commissioners shall pay the same by an order on the treasurer of the township, which said order shall be paid by said treasurer out of any money that may be in the treasury of the township, and not otherwise appropriated; but if judgment be entered by the said justice against the defendant, then execution shall issue as in other cases of debt before a justice of the peace; and this same proceeding, in disposing of costs and damage, shall extend to any suit brought under this act. SECTION 31. That the said road commissioners shall have power to Extra road tax lay an extra road tax in any district, when, in their opinion, the same may he laid. is necessary, in order to keep the roads in good repair, or when any emergency occurs that may require the same; but no extra tax shall be levied in any one district, by said commissioners, for the purpose of making or improving a road in any other district in said township; nor shall any extra tax be laid, in any one district, when an extra tax has been laid on the township in the same year, by said road commissioners; and not more than one extra tax shall be laid in any one year, nor shall such extra tax exceed six mills on every dollar of the valuation, in the township, for said year; and so much of the act relating to roads in Crawford county, passed in eighteen hundred and forty-four and five, as Repeal. is hereby altered or supplied, is and the same is hereby repealed. FINDLEY PATTERSON, DANIEL L. SHERWOOD, APPROVED-The third day of April, one thousand eight hundred and forty-six. FRS. R. SHUNK. No. 224. AN ACT Relating to the chancery powers of courts, in the city and county of Philadelphia. 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 no courts within the city and county of Philadelphia, shall exercise the powers of a court of chancery, in granting or continuing injunctions against the erection or use of any public works of any kind, erected or in progress of erection, under the authority of an act of the Legislature, until the questions of title and damages shall be submitted, and finally decided by a common law court; and in such cases, the court shall have authority to issue a venire for the summoning of a jury, to the sheriff of an adjoining county. FINDLEY PATTERSON, Speaker of the House of Representatives. DANIEL L. SHERWOOD, Speaker of the Senate. APPROVED-The eighth day of April, one thousand eight hundred and forty-six. FRS. R. SHUNK. to be furnished in January. No. 225. A FURTHER SUPPLEMENT To an act, entitled "An Act authorizing the governor to incorporate the Tioga navigation company.' SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly is hereby enacted by the authority of the same, That Annual statement the statement of the receipts and expenditures of the Tioga navigation company, required to be furnished to the legislature, by the president or treasurer of said company, by the second section of the act passed fourteenth day of April, Anno Domini eighteen hundred and thirty-five, entitled "A supplement to the act entitled an act authorizing the governor to incorporate the Tioga navigation company," shall be furnished on or before the third Monday of January, in each year. SECTION 2. So much of any law as this act alters or supplies, is Repeal. hereby repealed. FINDLEY PATTERSON, Speaker of the House of Representatives. APPROVED-The eighth day of April, one thousand eight hundred and forty-six. FRS. R. SHUNK. No. 226. AN ACT To legalize certain deeds made by the commissioners of Jefferson county. WHEREAS, The commissioners of Jefferson county have conveyed divers tracts of unseated lands in said county, as well as a number of lots in the borough of Brookville, under their hands and seals, and not under the corporate seal of the said commissioners; 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 the said deeds and conveyances, shall be and they are hereby declared to be as good and effectual in law, as if they had been executed under the corporate seal of the said commissioners. FINDLEY PATTERSON, DANIEL L. SHERWOOD, APPROVED-The eighth day of April, one thousand eight hundred and forty-six. 18 FRS. R. SHUNK. No. 227. AN ACT Authorizing the canal commissioners to examine the claim of James Rutledge. 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 canal commissioners be and they are hereby required to examine the claims of James Rutledge, of Westmoreland county, for injury done to his boat, Francis Sellers, when being conveyed over the Portage railroad, in charge of the agents of the commonwealth, and to ascertain and report the amount of damages sustained by the said James Rutledge, to the next legislature: Provided, That no damages shall be allowed under the provisions of this act, unless it shall appear, on examination, that the damages were sustained in consequence of the negligence of any of the state agents, or the insufficiency of state ropes, or other fixtures. FINDLEY PATTERSON, Speaker of the House of Representatives. DANIEL L. SHERWOOD, Speaker of the Senate. APPROVED-The eighth day of April, one thousand eight hundred and forty-six. FRS. R. SHUNK. Preamble. No. 228. AN ACT To confirm the title to certain real estate, in the county of Philadelphia, to William WHEREAS, "The combined Sabbath school association of the Northern Liberties of Philadelphia," by indenture, bearing date the eighth day of January, in the year of our Lord, one thousand eight hundred and forty-four, duly executed and acknowledged, and intended to be forthwith recorded, granted and conveyed, unto William Heiss, of the Northern Liberties, in the county of Philadelphia, and state of Pennsylvania, gentleman, his heirs and assigns in fee simple, all that certain lot or piece of ground, situate in the said Northern Liberties, (now called the Kensington district of the Northern Liberties,") beginning at the north-east corner of a certain forty feet wide street, called School street, and a certain other forty feet wide street, formerly called Brinton, (now Howard) street; running thence northward into Masters street, |