48. Undertakers of public bridges may enter on adjoining lands, and take materials.

49. How the damages shall be ascertained if the undertaker and owner cannot agree.

50. The damages shall be paid or secured, &c. before the materials may be taken.

51. Who may be a viewer.

52. No view good unless five view and four concur in the report.

53. Every viewer, &c. shall be sworn or affirmed.

54. The expense of views, how paid.

55. The expense of a view to assess damages for land

taken for a public road, how paid.

56. - inspection of a county bridge, how paid.

57. The expense of a view for the allowance of swinging

gates, how paid.

58. Surveyor to be found and paid in all cases by the

persons applying for a view, &c.

59. Viewers of public roads, how paid.

60. Reviewers, &c. how paid.

61. Supervisors to erect index boards.

62. Penalty for neglect.

63. Supervisors to put up a notice of certain penalties at

the ends of public bridges.

64. Proviso in case of a bridge built across the line of townships.

65. Penalty on persons working on roads for asking or extorting money, &c. from persons traveling.

66. On supervisors conniving at such extortion, &c.

67. On persons stopping, injuring or diverting the course of drains, &c.

68. On persons who shall commit any nuisance on high

ways.

69. On persons destroying or injuring guide posts, index boards, or notices.

70. On persons riding or driving, &c. faster than a walk when crossing certain bridges.

71. On persons driving horned cattle faster than a walk, or more than fifteen head at one time, across such bridges. 72. On persons who shall carry five across such bridges, unless fully secured, &c.

73. Proviso that this act shall not interfere with corporate rights.

74. Punishment of persons wilfully setting fire to any wooden bridge.

75. How the pecuniary fines and penalties aforesaid may be recovered.

76. Mode of selecting road jurors in the city and county of Philadelphia.

81. This act not to interfere with any special or local act

now in force.

82. Repealing clause-when this act shall take effect.

An act relating to roads, highways and bridges.

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 court of Quarter Sessions of every county of the commonwealth, on being petitioned to grant a view for a road within the respective county, shall have power and are hereby required in open court, to appoint as often as may be needful, six persons qualified as hereinafter is provided, to view the ground proposed for such road, and make report of their proceedings to the respective court at the next term thereof: Provided, That the provisions of this act relative to the appointment of viewers to lay out roads and to assess damages, shall not extend to the city and county of Philadelphia, hereinafter specially provided

-for.

SECTION 2. The persons appointed as aforesaid, shall view such ground, and if they shall agree that there is occasion for a road, they shall proceed to lay out the same, having respect to the shortest distance, and the best ground for a road, and in such manner as shall do the least injury to private property, and also be, as far as practicable, agreeable to the desire of the petitioners.

SECTION 3. The viewers as aforesaid, shall make report at the next term of the said court, and in the said report shall state particularly: first, who of them were present at the view; second, whether they were severally sworn or affirmed; third, whether the road desired be necessary for a public or private road; they shall also annex and return to the court a plot or draft thereof, stating the courses and distances, and noting briefly the improvements through which it may pass, and whenever practicable, the viewers shall lay out the said roads at an elevation not exceeding five degrees, except at the crossing of ravines and streams, where by

moderate filling and bridging, the declination of the road may be preserved within that limit.

SECTION 4. If the court shall approve of the report of the viewers allowing a road, they shall direct of what breadth the road so approved shall be opened, and at the next court thereafter, the whole proceedings shall be entered on record, and thenceforth such road shall be taken, deemed and allowed to be a lawful public road or highway, or private road, as the case may be.

SECTION 5. The breadth of a public road laid out as aforesaid, shall not exceed fifty feet, and the breadth of a private road shall not in any case exceed twenty-five feet.

SECTION. 6. Public roads or highways laid out, approved and entered on record as aforesaid, shall, as soon as may be practicable, be effectually opened and constantly kept in repair, and all public roads or highways made or to be made, shall at all seasons be kept clear of all impediments to easy and convenient passing and traveling, at the expense of the respective townships, as the law shall direct.

SECTION 7. The owner of any land through which a public road shall be opened as aforesaid, may within one year from the opening of the same, apply by petition, to the court of Quarter Sessions of the proper county, setting forth the injury which he or she may have sustained thereby, and thereupon, the said court shall appoint six disinterested persons to view the premises and assess the damages, if any, which such petitioner may have sustained.

SECTION 8. The viewers so appointed, shall make report in writing to the next court of Quarter Sessions, and if their. report be approved by the court, the amount of damages awarded shall be paid by the county treasurer out of the county stock, to the party entitled thereto.

SECTION 9. Provided, That in assessing the damages as aforesaid, the viewers shall take into consideration the advantages derived from such road passing through the land of the complainant.

SECTION 10. Public roads or highways which have been or shall be laid out on a line which divides two townships, shall be opened, made, kept clear and in repair at the joint and equal charge of such townships, and if either township shall in any such case necessarily incur more than its due proportion of such charge, it shall be lawful for such, township to recover from the other township the excess so incurred, in an action to be founded on this act.

SECTION 11. The several courts of Quarter Sessionssball, in open court as aforesaid, upon the petition of one or more persons for a road from their respective dwellings or plantations, to a highway or place of necessary public resort, or to any private way leading to a highway, direct a view to be

had of the place where such road is requested, and a report thereof to be made, in the same manner as is before directed in this act.

SECTION 12. If it shall appear by the report of viewers to the court directing the view, that such road is necessary, the said court shall direct what breadth the road so reported shall be opened, and the proceedings in such cases shall be entered on record, as before directed, and thenceforth such road shall be deemed and taken to be a lawful private road.

SECTION 13. In all cases of a private road, it shall be lawful for the owners of the land over which the same may be laid out or authorized, to apply to the court aforesaid for leave to hang and maintain at their own expense, swinging gates across such road, and thereupon the court shall direct the viewers appointed to view such road, or in case the road has been already laid out, may appoint other viewers in manner aforesaid, to inquire and report whether the same may be done without much inconvenience to the persons using such road.

SECTION 14. If it shall appear to the court that a gate or gates may be hung as aforesaid, according to the prayer of the party, without much inconvenience to the person or persons using such road, they shall decree accordingly, and in such decree they shall order and direct that such gate or gates be made and kept in repair, and made easy for passing, by the respective owners of said land.

SECTION 15. All private roads shall be opened, fenced and kept in repair by and at the expense of the person or persons respectively at whose request the same were granted and laid out, and by their heirs and assigns.

SECTION 16. The damages sustained by the owners of the land through which any private road may pass, shall be estimated in the manner provided in the case of a public road, and shall be paid by the persons at whose request the road was granted or laid out: Provided, That no such road shall be opened before the damages shall be fully paid.

SECTION 17. Whenever any person shall be desirous to make use of a private road laid out on the petition and at the expense of others, such person may apply by petition to the court of Quarter Sessions of the respective county, to be admitted to participate in the privilege of the said road, and thereupon such court shall have power to determine what sum he-shall contribute to the persons at whose expense the said road was laid out, and also what further sum he shall pay to The owners of the soil over which the said road was made, and upon the payment thereof, such person shall be entitled to equal rights and privileges, and be subject to ke duties and liabiities with the original applicants for said road.

SECTION 18. The courts aforesaid shall, within their respective counties, have authority, upon application to them by petition, to inquire of and to change or vacate the whole or any part of any private or public road which may have been laid out by authority of law, whenever the same shall become useless, inconvenient or burthensome, and the said courts shall proceed therein by views and reviews, in the manner provided for the laying out of public roads and highways.

SECTION 19. Roads laid out and confirmed as aforesaid, but not opened, may be vacated and annulled upon the petition of a majority of the original petitioners for the said road, resident within the respective county, in the same manner as other roads may be vacated: Provided, That ne person residing or owning land along the route of such road, shall in such case be a viewer or reviewer.

SECTION 20. The said courts respectively, shall also have power in the manner aforesaid, to change, or supply by a new road, the route of any state, road which may be laid out by direction of any act of assembly, within their respective counties, and thereupon to vacate so much of such state road as shall be supplied: Provided, That no change shall be allowed in any such road, which shall make the same of a greater ascent or descent than five degrees from a horizontal Tine.

SECTION 21. The said courts respectively, shall also have power in the manner aforesaid, to inquire of and vacate any part of a state road within the respective county, which shall have been supplied and rendered useless by a substantial and permanent turnpike road, made and completed according to law; but no stockholder in such turnpike road shall in such case be a viewer or reviewer.

SECTION 22. Provided, That nothing in this act shall be construed to give authority to any of the courts of the commonwealth to vacate any lane, street or highway within any city, borough, town plot, or any town or village laid out by the late proprietaries, or by any other person, and dedicated to the public use; nor to vacate any cartway laid out by the order of court, and not repairable at the charge of the public, nor shall such authority extend to any road, way or passage claimed by any person as a private right, nor to rivers or streams of water.

SECTION 23. Every application to vacate any road as aforesaid, shall be in writing, and signed by the applicants; It shall set forth in a clear and distinct manner, the situation and other circumstances of such road or highway, or of the part thereof which the applicants may desire to have vacated as aforesaid.

SECTION 24. Whenever the whole or any part of a road shall be changed or supplied, the same shall not be shut up