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CHAPTER XLIV.

AN ACT

Granting compensation to James Barrett, for a tract of donation land.

SECT. 1. BE it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General As sembly met, and it is hereby enacted by the authority of the same, That the State Treasurer be, and he is hereby authorised and required to pay to James Barrett, of Columbia county, immediately after the passage of this act, three hundred dollars, in full, for compensation for a tract of donation land to which he was entitled for services rendered in the revolutionary war.

JOSEPH LAWRENCE, Speaker

of the House of Representatives.

WILLIAM MARKS, Junr.

Speaker of the Senate.

APPROVED-February the twenty-fourth, one thousand eight hun

dred and twenty-three.

JOSEPH HIESTER:

CHAPTER XLV.

AN ACT

To annul the marriage of Francis D. Cummins, and Esther his wife.

SECT. 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 marriage contract entered into by Francis D. Cummins, and Esther his wife, of the county of Dauphin, late of Baltimore, be, and the same is hereby declared to be null and void, and they are hereby set free and discharged from the marriage contract, and all duties and obligations arising under the same, as fully and absolutely as if they had never been joined in marriage.

JOSEPH LAWRENCE, Speaker

of the House of Representatives.

WILLIAM MARKS, Junr.

Speaker of the Senate.

APPROVED-February the twenty-seventh, one thousand eight hundred and twenty-three.

JOSEPH HIESTER.

CHAPTER XLVI.

AN ACT

To authorise the printing of the pamphlet laws of this confmonwealth.

SECT. 1. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General As sembly met, and it is hereby enacted by the authority of the same, That the Secretary of the Commonwealth be, and he hereby is authorised and required, to contract with some suitable person or persons, for printing and furnishing three thousand copies of the laws of the present session of the legislature, at a rate not exceeding forty-five dollars per sheet for printing, paper, folding, stitching, covering and delivery; to be printed on number two, medium paper, with long primer type and brevier side notes, each page to contain at least eighteen hundred m's, and the execution of the work generally, to correspond with former editions of the pamphlet laws; each of said copies to be stitched and covered in pamphlet form, and to be delivered at the office of the Secretary of the Commonwealth, within sixty days after the close of the present session.

JOSEPH LAWRENCE, Speaker

of the House of Representatives

WILLIAM MARKS, Junr.

Speaker of the Senate.

APPROVED-February the twenty-seventh, one thousand eight

hundred and twenty-three.

JOSEPH HIESTER.

CHAPTER XLVII.

A Further Supplement

To an act entitled, "An act for the improvement of the state," passed th twenty-sixth day of March, one thousand eight hundred and twenty

one.

SECT. 1. BE it enacted by the Senate and House of Repre sentatives of the Commonwealth of Pennsylvania in General As sembly met, and it is hereby enacted by the authority of the same That the commissioners named in the seyenteenth section of th

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act to which this is a supplement, be, and they are hereby All obstrueauthorised and empowered, and it shall be their duty, to cause tions to the to be removed all obstructions that may impede or injure the navigation of navigation of the Beaver river: Provided, That the owner or owners of dams on the said river, shall have six months, from to be remov. and after the passing of this act, to bring their dams within the Proviso.

provisions of the first section of the act entitled, "An act to authorise any person or persons owning lands adjoining navigable streams of water declared public highways, to erect dams upon such streams for mills or other water works," passed the twentythird day of March, one thousand eight hundred and three.

JOSEPH LAWRENCE, Speaker

of the House of Representatives.

WILLIAM MARKS, Junr.

ed.

Speaker of the Senate.

APPROVED February the twenty-seventh, one thousand eight hundred and twenty-three.

JOSEPH HIESTER.

CHAPTER XLVIII.

AN ACT

Authorising a review of the state road from the county line, between Armstrong and Jefferson, where the state road from Milesburg to Erie crosses the same, from thence through the borough of Mercer to the state line, in a direction to Warren, and a review of the state road from the borough of Indiana to the mouth of Anderson's creek.

road from the

County line

SECT. 1. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General As- Commissionsembly met, and it is hereby enacted by the authority of the same, ers appointed That David Lawson, of Armstrong county, and John Parker, of to review Butler county, and James Gilkey, of Mercer county, be, and part of the they are hereby appointed commissioners to review that part of the state road laid out from a point at or near the county line, between between Armstrong and Jefferson, where the state road from Armstrong Milesburg to Erie crosses the same, through the borough of Mer- and Jefferson ter to the Ohio state line, in a direction to Warren, which lays through east of the borough of Mercer, so that the said road shall com- Mercer, &c. menee at some suitable point on the Susquehanna and Water ford turnpike road, west of Powers'.

Their duties.

Commission

SECT. 2. And be it further enacted by the authority aforesaid, That the said commissioners, or a majority of them, shall proceed to perform the duties enjoined on them by the first section of this act on or before the first of August next; and shall cause a draft of the survey of said road to be deposited in the office of the secretary of the commonwealth; and shall also deposit a copy of the same, in the office of the clerk of quarter sessions in each of the counties through which the road passes, on or before the first of October next, which drafts shall be records thereof; and from thenceforth, the road so located, shall be, to all intents and purposes. a public highway; and shall be opened and kept in repair by the supervisors of the highways of the respective townships through which it passes, and that part of said road rendered unnecessary shall be vacated.

SEOT. 3. And be it further enacted by the authority aforesaid, ers appointed That Samuel Bell and Meek Kelly, of Indiana county; and Dato review the vid Ferguson, of Clearfield county, be, and they are hereby appointed commissioners to review the road leading from the bothe mouth of rough of Indiana to the northern turnpike road, at or near the mouth of Anderson's creek, in Clearfield county.

road from

Indiana to

Anderson's

creek.

SECT. 4. And be it further enacted by the authority aforesaid, That the commissioners, or a majority of them mentioned in the Their duties. third section of this act, shall proceed to perform the duties enjoined on them on or before the first of August next; and shall cause a draft of the survey of said road to be deposited in the office of the secretary of the commonwealth, and shall also deposit a copy of the same in the office of the clerk of quarter sessions in each of the counties through which the road passes, on or before the first of October next, which draughts shall be records thereof, and from thenceforth the road so located, shall be to all intents and purposes a public highway, and shall be opened and kept in repair by the supervisors of the highways of the respective townships through which it passes, and that part of said road rendered unnecessary shall be vacated.

Manner of laying out the roads,

if alterations be made.

"

Mode of sup

plying vacancies in the

office of com

missioner.

SECT. 5. And be it further enacted by the authority aforesaid, That if the said viewers, or any two of them so appointed by this act for each respective road shall agree on making any alteration of the same, they shall proceed to lay out and make such alterations as they may think proper, by courses and distances as nearly on a straight line as the face of the country, and other important circumstances will admit; and shall be located on such ground that when made, will not in any part exceed an angle of five degrees elevation with a horizontal line; and that in case of death, resignation, inability or refusal to serve, of all or either of the said commissioners, it shall be the duty of the court of quarter sessions of the counties of Armstrong, Butler, Mercer, Indiana and Clearfield, to supply the same, by appointing a person or persons selected from said counties, where such vacancy may accrue.

SECT. 6. And be it further enacted by the authority aforesaid, That each of the said commissioners, before he enters upon the

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And each of the said com

duties of his appointment, shall take and subscribe before some Commission-
justice of the peace, an oath or affirmation, faithfully and impar- ers to be un-
tially to perform the duties herein enjoined; and the justice der oath.
shall file and preserve the same.
missioners shall receive the sum of one dollar and fifty cents Their com-
for each day he shall be necessarily employed in said work, to pensation.
gether with reasonable allowance for chain carriers markers and
provisions; and the accounts of said commissioners shall be ad-
justed and paid by warrants drawn on the county treasury, by
the commissioners of the different counties through which the
said roads may pass, proportioning the amount to be paid by each,
to the distance which the said road passes through each of them.
JOSEPH LAWRENCE, Speaker

of the House of Representatives.

WILLIAM MARKS, Junr.

Speaker of the Senate.

APPROVED-February the twenty-seventh, one thousand eight

hundred and twenty-three.

How and by whom paid.

JOSEPH HIESTER.

CHAPTER XLIX.

AN ACT

Authorising the election of a constable in the borough of Bethany, in the
county of Wayne.

SECT. 1. BE it enacted by the Senate and House of Repre-
sentatives of the Commonwealth of Pennsylvania in General
Assembly met, and it is hereby enacted by the authority of the same,
That the qualified electors of the borough of Bethany, in the
county of Wayne, shall annually hereafter, at the place where
they usually meet for the election of borough officers, on the day
appointed for the election of constables in the different town-
ships in this commonwealth, elect two reputable citizens of said
borough, and return the names of the persons so elected to the
next court of quarter sessions of said county, one of whom shall
be appointed constable of said borough in the same manner,
with like power and authority, and subject to the same regula-
tions and penalties as are provided and contained in the laws
now existing, or that may hereafter exist, concerning constables
within this commonwealth; and the high constable of the said bo-

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