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No. 40.

AN ACT

To prevent the destruction of fish in the river Delaware.

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 any person or persons who shall make use of coculus indicus, lime, or any other poisonous admixture in the shape of pills, or otherwise, by throwing, or causing the same to be thrown into the river Delaware, within the concurrent jurisdiction of this state, and the state of New Jersey, for the purpose of taking, catching, or destroying fish, such person or persons, so offending, on conviction thereof, on the testimony of one or more witnesses, before a justice of the peace in the county where such offender shall be apprehended, shall forfeit and pay a fine of five Fine. dollars for every such offence, to be recovered with costs, as debts of equal amount are by law recoverable, by any person or persons who may sue for the same, in the name of the commonwealth of Pennsylvania, one moiety thereof to be paid to the informer, and the other moiety to the treasurer of the county where such conviction shall take place: Provided however, That such suit or prosecution shall be commenced within thirty days after such offence shall have been committed: Proviso. And provided also, That said informer may be a competent witness to prove such offence, and by whom committed, notwithstanding his or her right to a moiety of the penalty aforesaid.

SECTION 2. Any person or persons who shall be convicted aforesaid, Proceedings and shall neglect or refuse to satisfy the fine imposed on him or them, when fine is not and sufficient goods and chattels cannot be found, whereof to levy and paid.

pay the same, the said person or persons so convicted, shall be committed to the jail of the county where such conviction shall have taken

place, for the term of five days.

SECTION 3. That this act shall not take effect, or go into operation, Concurrence of until the legislature of the state of New Jersey shall pass a law to ratify, New Jersey reallow and approve of the same; and that it shall be the duty of the gov- quired. ernor of this commonwealth, within ten days after its passage, to trans

mit a duly certified copy of the same, to the governor of the state of
New Jersey.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, one thousand eight

hundred and forty-four.

DAVID R. PORTER.

No. 41.

AN ACT

Authorizing the State Treasurer to refund to the Rev. Dr. Joseph McElroy, certain moneys erroneously paid by him into the State Treasury.

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 state treasurer is hereby authorized and required to refund to the Rev. Dr. Joseph McElroy, the sum of sixty-eight dollars and seventy-five cents, the said amount having been erroneously paid into the state treasury as the collateral inheritance tax on the estate of Mrs. Sarah McElroy, late of the city of New York, deceased.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, one thousand eight hundred and forty-four.

DAVID R. PORTER.

No. 42.

AN ACT

Supplementary to the act, entitled "An Act to incorporate the Mutual fire insurance company of Sinking Springs, Berks county," approved the twelfth day of April, one thousand eight hundred and forty-three.

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 so much of the act, entitled "An Act to incorporate the Mutual fire insurance company of Sinking Springs, Berks county," as confers all the rights and privileges conferred by an act, entitled "An Act to incorporate the Mutual fire insurance company of Bucks, Montgomery, and Philadelphia counties," passed the tenth day of February, one thousand eight hundred and forty-three, be and the same is hereby repealed; and that all the rights and privileges conferred by an act, entitled "An Act to incorporate the Mutual fire insurance company of Montgomery county,' passed the thirty-first day of March, one thousand eight hundred and

forty-one, be and the same are hereby granted to and conferred on the
Mutual fire insurance company of Sinking Springs, Berks county.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, one thousand eight hundred and forty-four.

DAVID R. PORTER.

No. 43.

AN ACT

Authorizing the laying out of a state road from the Three Springs, on the Bald Eagle and Punxatawney State road, in the county of Centre, to the road leading from Ebensburg to Philipsburg, at or near the house of Richard Davis, in the county of Clearfield.

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 David Furgeson, Samuel Whiteside and Samuel Hagerty, of the county of Clearfield, be and they are hereby appointed commissioners, to view Commissioners. and lay out a state road from the Three Springs, on the Bald Eagle and Punxatawney state road, in the county of Centre, to the road leading from Ebensburg to Philipsburg, at or near the house of Richard Davis, in the county of Clearfield, by the nearest and best route.

SECTION 2. It shall be the duty of the said board of commissioners, Duty of commisor a majority of them, after taking and subscribing an oath or affirma- sioners. tion, before a justice of the peace, to perform the duties enjoined upon them by this act, with impartiality and fidelity, to carefully view the ground over which said road may pass, and to lay out the same as near to a straight line between the aforesaid points, as the nature of the ground will permit, so that the vertical departure from a horizontal line. shall at no point exceed five degrees, except only at crossing ravines and streams, when by a moderate filling or bridging the declination of the said road it may be preserved within that limit.

SECTION 3. That it shall be the duty of said commissioners, plainly Route. and distinctly to mark the ground on the routes agreed upon for the roads aforesaid, in such manner as to enable the supervisors readily to find the same; and for the purpose of fulfilling the duties in this act enjoined, the said commissioners are hereby authorized to employ one surveyor, Surveyor, &c. at a per diem allowance not exceeding two dollars, and two chain carriers, at a per diem allowance not exceeding one dollar; and the said commissioners, respectively, shall receive a per diem allowance, not Pay. exceeding one dollar, for each and every day necessarily spent in the discharge of the duties enjoined by this act, to be paid in manner and form as hereinafter directed.

Draft.

Accounts.

Meeting.

SECTION 4. That it shall be the duty of said board of commissioners, to make out a fair and accurate draft of the location of said road, respectively, noting thereon the courses and distances as they occur, the improvements passed through, and also the crossing of township lines, roads and waters, with such other matters as may serve for explanation; one copy whereof shall be deposited in the office of the secretary of the commonwealth, on or before the first day of January next, and one copy in the offices of the clerks of the courts of the respective counties in which said road may be laid out, on the day aforesaid, or as much sooner as practicable, which shall be a record thereof; and from thenceforth the said road shall be to all intents and purposes, a public highway, and shall be opened to the breadth, and repaired in all respects as roads are opened and repaired, which are laid out by order of the courts aforesaid.

SECTION 5. That the accounts of the said commissioners, for their own pay, and the pay of surveyors, chain carriers, and so forth, shall be made out and returned to the commissioners of such counties, in which said road may be located, in proportion to the time spent in the respective counties in locating said road, and that they be paid out of the treasury of each of the respective counties, on warrants drawn in the usual way.

SECTION 6. That the said commissioners shall meet on or before the first Monday in August next, or as soon thereafter as practicable, and complete the review of said road as soon as practicable; and if any vacancy or vacancies shall happen, by resignation or otherwise, the court of quarter sessions of the county where any vacancy or vacancies occur, shall fill said vacancy or vacancies, by the appointment of suitable persons, who shall perform said duty.

JAMES ROSS SNOWDEN, Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED The twenty-sixth day of February, one thousand eight hundred and forty-four.

DAVID R. PORTER.

No. 44.

AN ACT

Authorizing the canal commissioners to examine and adjust the claim of the heir of James Trimble, for damages done their property.

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 authorized and required to examine, by the inspection of at least one of their number, the claim of the heirs of Doctor James Trimble, late of Huntingdon county, deceased,

for damages done to lots numbers seven hundred and sixty, and seven
hundred and sixty-one, in the fourth district of donation lands in Mercer
county, by reason of the location and construction of the Erie extension
of the Pennsylvania canal, through, or by overflowing the same, and
adjust the same upon the principles of equity and justice, having refer-
ence to the increased value of the property, by reason of said canal; and
draw their warrant on the state treasurer for the amount, if any by them
awarded, and the said treasurer is hereby required to pay the same out
of any money in the treasury not otherwise appropriated.

JAMES ROSS SNOWDEN,
Speaker of the House of Representatives.

WILLIAM BIGLER,

Speaker of the Senate.

APPROVED-The twenty-sixth day of February, one thousand eight hundred and forty-four.

DAVID R. PORTER.

No. 45.

AN ACT

To erect the township of White, in the county of Indiana, into a separate election district.

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 township of White, in the county of Indiana, shall hereafter form one election district, for general election purposes, and the qualified electors of said township shall hold their special and general elections at the court house in the borough of Indiana.

SECTION 2. That the qualified electors of said township, shall meet Annual election. at the aforesaid place of election, at the usual time of electing township officers in said county, next ensuing the passage of this act, and annual

ly thereafter, and then and there elect such officers as by the laws of this commonwealth, are required to be elected in the several townships of said county.

SECTION 3. That Samuel Trimble, be and he is hereby authorized Election officers. and required to act as judge, and Robert McLanahan and John Rice, as inspectors of the next ensuing spring elections in said township, and they shall perform the same duties, receive the same pay, and be subject to the same responsibilities as officers of elections in similar cases.

SECTION 4. That it shall be lawful for the qualified electors of said Justices. township, in the year one thousand eight hundred and forty-five, and whenever thereafter, by the laws of this commonwealth, it may become necessary to elect at the time and place fixed for the election of constable, in said township, two citizens of said township, to serve as justices of the peace therein.

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