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Surveys, etc., of

Construction of

etc.

of such canal, and it shall in like manner be lawful for such company, its officers, agents, engineers, contractors, or workmen, with their implements and beasts of draft or burden, to enter upon any lands adjoining or in the neighborhood of the said canal so to be constructed, and to quarry, dig, cut, take, and carry away therefrom any stone, gravel, clay, sand, earth, wood, or other suitable material, necessary or proper for the construction of any bridges, viaducts or other buildings which may be required for the use, maintenance, or repairs of said canal: Provided, That before such company shall enter upon or take possession of any such lands, rivers, creeks, streams, or materials, they shall make ample compensation to the owner or owners thereof, or tender adequate security therefor," be and the same is hereby amended to read as follows:

Section 10. The president and directors of such company shall have the power and authority, by themselves, route of canal. their engineers, superintendents, agents, artisans, and workmen, to survey, ascertain, locate, fix, mark, and determine such route for a ship canal and branch canals as they may deem expedient; and thereupon canal, bridges, and therein to erect, construct, and establish such canal and branch canals; with such bridges, viaducts or other devices as they may deem necessary or useful in the erection and construction of such canal and branches; and in like manner by themselves, or other person by them appointed or employed, as aforesaid, to enter upon and into and occupy any part or all of any river, Occupancy creek, and stream upon and along the route of its canal and branches; and upon and into all land on which the said canal, its branches, or docks, docksheds, piers, quays, basins, storage and transfer sheds, sidings, depots, warehouses, offices, toll-houses, telegraph and telephone lines, steam and hydraulic cranes, and other machinery and apparatus for receiving, loading, unloading, storing, and transferring freight and passengers, and other buildings and appurtenances necessary therefor, may be located, or which may be necessary or convenient for the making, construction, erection, and operation of the same, or for any purpose necessary or useful in the construction, maintenance, and repair of said canal and its branches, and therein

Dams, locks, etc. and thereon to dig, excavate, embank, and erect dams, locks or other devices, necessary in the construction of such canal and its branches; and it shall, in like manner, be lawful for such company, its officers, agents, engineers, contractors, or workmen, with their implements and beasts of draft or burden, to enter upon any lands adjoining, or in the neighborhood of, the said canal and branches so to be constructed, and to quarry, dig, cut, take and carry away therefrom, any stone, gra vel, clay, sand, earth, wood or other

or creek or

river, lands.

Material for construction,

Proviso.

Compensation.

Section 13, act of
June 24, 1995,
cited for amend-
ment.

suitable material necessary or proper for the construc tion of said canal, its branches, and any bridges, viaducts or other buildings or appurtenances which may be required for the use, maintenance or repairs of said canal and branches: Provided, That before such company shall enter upon or take possession of any such lands, rivers, creeks, streams, or material, they shall make ample compensation to the owner or owners thereof or tender adequate security therefor.

Section 2. That section thirteen of said act, which reads as follows:

“Section 13. That it shall and may be lawful for any company incorporated under the provisions of this act, for the purpose of constructing a ship canal either wholly within, or partly within and partly without, this State, as heretofore stated, between the waters of the Great Lakes and navigable rivers in this Commouwealth, under authority of this and any adjoining State, to merge and consolidate its capital stock, franchises and property with any other similar company or companies, organized under the laws of this or any other State, whenever the two or more canals of the companies so to be consolidated shall or may form, when constructed, a continuous line of canal, such consolidation to be effected in accordance with the laws of this Commonwealth and the laws of the other States through which such canal or canals shall or may be constructed," be and the same is hereby amended to read as follows:

Section 13. That it shall and may be lawful for any company incorporated under the provisions of this act, for the purpose of constructing a ship canal either wholly within, or partly within and partly without, this State, as heretofore stated, between the waters of the Great Lakes and navigable rivers of this Commonwealth, under authority of this or any adjoining State, to merge and consolidate its capital stock, fran. chises, and property with any other similar company or companies organized under the laws of this or any other State or the United States, whenever the two or more canals of the companies so to be consolidated, when constructed, by meeting directly or by means of any intervening branch, feeder, rescrroir or other body of water, shall or may form a continuous line of navigable waterway; such consolidation shall be made under the conditions, provisions, restrictions, and in the manner provided, in the second, third, fourth, fifth, sirth, seventh, and eighth sections of an act, entitled "An act supplementary to an act regulating railroad companies, approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty. nine." said art haring been approred on the twentyfourth day of Jarch, Anno Domini one thousand eight

Merger and consolidation of companies.

Conditions of consolidation.

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hundred and sixty-nine, and the laws of the United States, or of the other State or States in which such canal or canuls are, or shall be intended to be, constructed.

Any company incorporated under this act may aban. Abandonment of don any portion of the route of its main canal, branches, portion of route. feeders, of other works upon which the work of construction has not been commenced: Provided, That Proviso. if such abandonment would leave a route not forming a continuous line of waterway between the Great Lakes and a navigable river in this Commonwealth, such abandonment shall not become lawful until said company adopt a new route as a substitute for such aban. Substitute route. doned portion, either wholly within or wholly without, or partly within or partly without, this State; or until such company shall, by consolidation, merger, lease, purchase, or otherwise, acquire such substitute route; 80 that the route of such canal shall be a continuous line of navigable waterway from some point, either uithin or without this State, on the Great Lakes, to a point on a navigable river within this State: And Proviso. provided further, That a copy of the resolution or resolutions adopted by the directors, attested by the Resolution of stal of the corporation and the signatures of the presi directors. dent and secretary, shull be filed in the office of the Secretary of the Commonwealth.

Section 3. That section fifteen of said act, which reads as follows:

"Section 15. If any such canal company shall find Section 15. act or it necessary to change the site or location of any por for a mendment. tion of any turnpike or public road, or of any bridge, it shall cause the same to be reconstructed forthwith, at its own proper cost and expense, on the most favora. ble location, and in as perfect a manner as the original road or bridge: Provided, That the damages incurred in changing the location of any such road or bridge, authorized by this section, shall be ascertained by such canal company in the same manner as is herein before provided for in regard to the location and construction of its said canal,” be and the same is hereby amended to read as follows:

Section 15. If any such canal company shall find change of locait necessary to change the site or location, or to other. tion of road wise alter, any highway, public or private road, bridge, power, buildings, railroad, dam, water-power works, waterways, buildings, or other works, it shall cause the same to be changed, altered and reconstructed forth with, at its own proper cost and expense, on the most favorable location, and in as perfect a manner as the original high way, public or private road, bridge, railroad, dam, water-power works, waterways, buildings, or other uorks: Provided, That the damages incurred in chang. Proviso. ing and altering the location of any such highway,

etc.

Section 19, act of June 24, 1895. cited for amend. ment.

Branch canals.

public or private road, bridge, dam, water-power works, waterways, buildings, or other works, authorized by this section, shall be ascertained by such canal coinpany in the same manner as is hereinbefore provider for in regard to the location and construction of its said canal.

Section 4. That section nineteen of said act, which reads as follows:

"Section 19. All such companies shall have the right, and are hereby authorized, to erect and construct such reservoirs for the supply of water as may be deemed necessary, and connect the same with the main canal by feeders or branches, and for that purpose such com. panies shall have the right to enter upon and appropriate lands and rivers and streams necessary therefor: Provided, however, That all damages incurred by such appropriation and taking of property, for the said purposes, shall be ascertained as is herein before provided for in regard to the location and construction of its said canal,” be and the same is hereby amended to read as follows:

Section 19. All such companies shall have the right, and are hereby authorized, to construct, maintain, and opcrate such branch canals as the board of directors may determine to be necessary, either for the transpor. tation of persons and property or as feeders for conveying water to the main canal or its branches, or for both purposes, and to crect and construct such reservoirs for the supply of water as may be deemed neces. sary for the main canal, its branches and feeders; and for that purpose such companies shall have the right to enter upon and appropriate lands, rivers, lakes, bridges, streams, watercourses, ponds, reservoirs, and other sources of water supply necessary therefor: Provided, however, That all damages incurred by such appropriation and taking of property, for the said purposes, shall be ascertained and paid by such canal company in the same manner as is hereinbefore provided for in regard to the location and construction of its said canal.

Section 5. No waters except flood-waters shall be condemned or appropriated under the provisions of this act, or the act to which this is an amendment, until a permit for the condemnation or appropriation of such water or waters shall have been procured from the Water Supply Commission of Pennsylvania. APPROVED-- The Sth day of June, A. D. 1907.

EDWIN S. STUART.

Reservoin.

Proviso.

Permission or
Water Supply
Commission,

No. 319.

AN ACT

Salaries.
Proviso.

Fixing the salaries of county poor-directors, in counties of

over one hundred and fifty thousand population. Section 1. Be it enacted, &c., That the salary of Poor-directors. county poor-directors, in counties of over one hundred In counties havand fifty thousand population, shall be fifteen hundredi population. dollars per year: Provided, however, That this act shall in no way affect any county now paying their poor-directors more than fifteen hundred dollars per year.

Section 2. All acts or parts of acts, general, special, or local, inconsistent with the provisions of this act, be and the same are hereby repealed.

Repeal. APPROVED—The 8th day of June, A. D. 1907.

EDWIN S. STUART.

No. 320.

AN ACT

Fixing the salaries and providing for the expenses of the Directors of the Poor, in the several counties of this Commonwealth.

poor.

Section 1. Be it enacted, &c., That from and after Directors of the the passage of this act, the annual salary of each member of the Board of Directors of the Poor, in the sereral counties in this Commonwealth, shall be as follows: In counties containing ten thousand population and less, one hundred dollars; in counties containing over ten thousand population and not exceeding thirty thousand population, two hundred dollars; in counties containing over thirty thousand population and not exceeding fifty thousand population, three hundred dollars; in counties containing over fifty thou- Salaries. sand population and not exceeding seventy-five thousand population, four hundred dollars; in counties containing over seventy-five thousand population and not exceeding one hundred thousand population, five hundred dollars; in counties containing over one humdred thousand population and not exceeding one hundred and twenty-five thousand population, six hundred dollars; in counties containing over one hundred and twenty-five thousand population and not exceeding one hundred and fifty thousand population, seven hundred

The salaries herein fixed shall be in full, in lieu of all other compensation, for the services of Directors of the Poor, excepting traveling expenses

dollars.

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