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the laws and journals,

ed up in different parts of the county, purpo ing that the laws and journals of the laft feffic are ready to be delivered out by them, to th perfons entitled to receive the fame, agreeabl to the provifions of this act; and the expend of publishing or advertising as aforefaid, fhall b paid on orders drawn by the commiffioners d the treasurer of fuch county, out of the count

ftock.

Sec. 5. And be it further enacted by the as How they are thority aforefaid, That the prothonotaries of th to diftribute, refpective counties fhall diftribute the laws an journals in the following manner and order, viz One copy of each for himself and for the clerk of the different courts if the offices are divided one to the regifter and recorder, if faid office are divided; one to the prefident and one t each of the affociate juftices of the court; on to the board of commiffioners; and one cop of each to be delivered by fuch prothonotary to each conftable of the refpective wards o townships for which fuch conftable was electe or appointed, to be by fuch conftable delivere into the hands of the perfon occupying th house where the townfhip elections for the choic of conftables are held; and it fhall be the dut of fuch conflable annually, under the penalty of five dollars for every neglect or refufal, t procure and lodge the faid copies of the laws an journals at fuch place of holding the elections a aforefaid, which laws and journals fhall be kep at fuch houfe for the free infpection of every inhabitant, at all feafonable times, within fuck ward or townfhip; and one copy of fuch laws and journals, if any journals be left after the afore faid diftribution, fhall on application, be delivered to each juftice of the peace, fheriff, county com miffioner, treasurer, deputy-furveyor and bri

gade

gade infpector, and to each affociated library company; and the remainder, if any, fhall be retained by fuch prothonotary, to fupply deficiencies in any of the aforefaid offices: Provided, That the faid prothonotaries refpectively, fhall not deliver any of faid laws or journals without taking a receipt therefor, enjoining each officer receiving the fame, to deliver them over to his fucceffor, and fuch receipt fhall be entered in a book by them prepared, at the expence of their refpective counties.

Sec. 6. And be it further enacted by the au- The fecretary thority aforefaid, That the Secretary of the to retain all commonwealth shall retain all the furplus copies the furplus co of the laws, and keep them in a fecure place, for fuch ufe as for fuch use as the legislature fhall from time to the legislature time direct.

pies of the laws

fhall direct.

claufe.

Sec. 7. And be it further enacted by the authority aforefaid, That the act, entitled "An Repealing "Act providing for the diftribution of the jour"nals of the fenate and of the houfe of repre"fentatives of this commonwealth," paffed the ninth day of April, one thoufand feven hundred and ninety-nine, and fo much of any other act or acts of the general affembly, relating to the printing or diftributing of the laws or journals of this commonwealth, as are hereby amended, altered or fupplied, be, and the fame are hereby repealed.

ISAAC WEAVER, junior, Speaker
of the House of Reprefentatives.
SAMUEL MACLAY, Speaker
of the Senate.

APPROVED-April the fixth, 1802:

THOMAS M'KEAN, Governor

of the Commonwealth of Pennfylvania.

CHAP

ceeding to ob

CHAPTER LXXXV.

An ACT for laying out, making and keeping repair, the public roads and highways with this Commonwealth, and for laying out p vate roads.

WH

THEREAS, the existing road law, whic was paffed the twenty-first day of Marc in the year one thoufand feven hundred an feventy-two, directs that the road tax fhall b levied on the clear yearly value of the propert thereby made taxable, according to the estimat thereof made for the laft county tax, affeffed an levied in purfuance of an act for raising cour ty rates and levies, paffed the twentieth day o March, one thousand feven hundred and twenty four and twenty-five: And whereas the act fo raifing county rates and levies, paffed on th eleventh day of April, one thousand seven hun dred and ninety-nine, establishes a mode of a feffing county rates and levies different from tha of the act laft aforefaid, by which means it hat happened that fupervifors cannot lawfully affe and collect taxes adequate to laying out, im proving and repairing the public roads or high ways: Wherefore,

Section 1. Be it enacted by the Senate and House of Reprefentatives of the Commonwealth Pennsylvania, in General Assembly met, and it i Mode of pro- hereby enacted by the authority of the fame, Tha tain the laying the juftices of the court of quarter feflions of out of public each county within this commonwealth, on be ing petitioned to grant a view for a public o private road, fhall have power, and by virtue of this act are directed and required, as often as

or private

roads.

they

they find it needful, in open court, to order and appoint fix difcreet and reputable freeholders, of the inhabitants near where complaint is made for want of a private or public road or highway; and it fhall be the duty of the freeholders fo appointed, to view the ground propofed for the faid road, and if they, or any five of them, view the faid ground, and any four of the actual viewers agree that there is occafion for fuch road, they fhall proceed to lay out the fame, as agreeable to the defire of the petitioners as may be, having refpect to the best ground for a road, and the fhorteft diftance, in fuch a manner as to do the leaft injury to private property; and fhall make report thereof, ftating particularly whether they judge the fame neceifary for a public or private road, together with a plot or draft thereof, and the courfes and distances, and references to the improvements through which it may pass, to the next court of quarter feffions, and if then and there the juftices of the said court fhall approve of the fame, it fhall, at the court next after that to which the report is made, be entered on record, and thenceforth fhall taken, deemed and allowed, as the cafe may be, to be a lawful private or public road or highway; the court fhall direct of what breadth No road to the road fhall be opened, which fhall not in any in breadth. cafe exceed fifty feet.

exceed 50 feet

the feveral

Sec. 2. And be it further enacted by the authority aforefaid, That the citizens qualified to Supervisors of the highway vote for members of the general affembly, fhall to be annually on the third Saturday of the month of March elected within next, within their refpective townships, and an- townships. nually thereafter, elect by ballot, two freeholders or other inhabitants, qualified as aforefaid, who fhall be fupervisors of the public roads or highways

VOL. V.

2 A

The exifting highways for the enfuing year; and it fhall b supervisors to give notice of the duty of the fupervifors then in office, in fuch election, fummary way, before a juftice of the peac conducting the under the penalty of ten dollars, to be recover

and manner of

fame:

penalty for refusing to ferve.

ed for every neglect or refufal, ten days prev ous to the third Saturday in March, yearly an every year, to caufe written or printed notic to be fet up in at least five of the moft publ places within their refpective townships, me tioning the time when and the place where th faid election is to be held, which fhall be oper ed between the hours of one and three o'clock in the afternoon, and kept open until fix o'cloc of the fame day, except in the townfhip of the Northern-Liberties, where the fame fhall be kep open until eight o'clock in the evening, and tv reputable citizens of the township fhall be cho fen for judges of the faid election, who fhal choose a clerk to affift them in recording and cafting up the votes; the judges fhall declar the two higheft in votes to be duly elected, and a certificate of the election, figned by the judges fhall by them be forthwith delivered to the fu pervisors then in office, whofe duty it fhall b to deliver the faid certificate into the office o the clerk of the court of quarter feflions, on o before the twenty-fifth day of March annually and to inform the fupervifors fo chofen, of thei having been elected and returned, who fhall be the fupervifors for the enfuing year; and if any fupervifor or fupervifors fo elected, or who fhal be appointed as herein after directed, being duly notified of his election or appointment as afore faid, fhall neglect or refufe to take upon him or themselves the faid office, for every fuch neglect or refufal, he or they fo neglecting or refufing, fhall forfeit and pay any fum, at the difcretion of the court, not exceeding fifty dollars, to be

applied

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