CHAP. 378.-An ACT to amend the act, entitled, "an act prescribing certain general regulations for the incorporation of turnpike companies."* (Passed February 19th, 1820.) 66 delinquent stock effect, there being 1. Be it enacted by the general assembly, That, when the share Where shares of or shares of any stockholder shall be offered for sale, pursuant to holders are offered the sixth section of the act, entitled, an act prescribing certain for sale, without general regulations for the incorporation of turnpike companies," no bidders, farther and there shall be no bidders therefor, the president and directors remedy given. shall be entitled to the like remedy as is provided by the aforesaid section for the recovery of the balance due in case of a sale of such share or shares. (a) part of a section 2. And, whereas doubts have been entertained as to the true construction of the seventeenth section of the above recited act, and similar sections in the several acts establishing turnpike companies within this commonwealth: Be it therefore enacted, That, at any Tolls demandable toll gate erected agreeably to law, on any turnpike road within this for travelling only commonwealth, the tolls authorized to be collected at such gate of a road. may be demanded of every person passing said gate, whether such person shall have travelled the whole or only a part of the section of the road on which such gate shall have been erected.(b) 3. This act shall be in force from the passing thereof. CHAP. 379.-An ACT to amend the act prescribing certain general regulations Commencement. nies authorized to cation, how ascer to damages accru 1. Be it enacted by the general assembly, That whenever the pre- Turnpike compasident and directors of any turnpike company, who may have pro- change locations ceeded to enter upon and condemn the lands through which they of their roads. may judge it necessary to make their road, shall be satisfied that their road has by mistake or otherwise, been improperly located, that it shall be lawful for them so to correct and change their locations, from time to time, as may be found by them most advantageous; and to proceed to ascertain the damages, and open the road Damages of re-loupon the new locations, in all respects in the same manner, and tained. upon the same conditions, as heretofore directed for laying out and opening such road: Provided, however, That such company shall Companies liable be liable to the owner or occupier of the land previously entered ing on previous loupon or condemned for any damage which such owner or occupier cation. may have sustained in consequence of the proceedings of such company; and for the purpose of ascertaining the said damages, it shall How ascertaine.l. be the duty of the court of the county in which such lands, or the greater part thereof, may lie, upon the application of the owner, or guardian, if the owner be an infant, or the committee, if the owner be non compos mentis, to appoint five discreet, intelligent and disinterested freeholders to assess the damages which may have resulted to such land, from the proceedings of such company, but no such appointment of assessors shall be made, unless ten days previous notice of such application shall have been given to the president or one of the directors of such company. The said assessors, and the court, shall in all respects be governed by the rules and regulations prescribed by the act prescribing certain general regulations for the Attorney for the be appointed pre declaring section incorporation of turnpike companies: Provided, moreover, That where such turnpike company shall have proceeded to enter upon and condemn lands, and shall have actually paid the damages assessed, or the price of said land, the sum so paid shall not be refunded to such company.(a) 2. Be it further enacted, That no order of court shall be made, commonwealth to declaring that any section of a turnpike road has been completed vious to any order in the manner prescribed by the act, entitled, "an act prescribing of road completed. certain general regulations for the incorporation of turnpike companies," or by the act incorporating any turnpike company, except in the presence of the attorney for the commonwealth for such court, or of some other attorney appointed by the said court, to oppose the making of such order, if in his opinion the interests of the public Companies, when require such opposition. If the application for such order shall fail, judgment shall be rendered against the company, for all costs, including an attorney's fee of ten dollars. liable for costs. Commencement. Mode of procced ing where owner and the stream is between two counties. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 380.-An ACT to amend an act, entitled, "an act to reduce into one the several acts concerning mills, mill-dams, and other obstructions to water 1. Be it enacted by the general assembly, That when any owner of mill, &c. wishes of a mill, machine or engine, useful to the public, heretofore or to raise his dam, hereafter established by law, may think it necessary to raise his the dividing line dam, and the stream on which such dam is erected is the dividing line between any counties in this commonwealth, the court of the county in which such mill, machine, or engine is erected, upon application to them, shall grant a second writ of ad quod damnum, to value the additional damage done thereby, under the same rules and regulations as are provided by the act, entitled, an act to reduce into one the several acts concerning mills, mill-damns, and other obstructions to water courses."(b) Persons unlawful ly putting hedges, fish traps, &c. in any navigable stream, may be ruled to give secu rity for good beha viour. For what time. Provision in case of not complying. Commencement. 66 2. Be it further enacted, That in addition to the penalty imposed by the twenty-first section of the act above recited, upon any person who shall unlawfully make, or cause to be made, any hedges, fish-traps, mill-dams or other obstructions in any navigable water course in this commonwealth, it shall be lawful for the court of any county, or any justice of the peace within this commonwealth, to rule such person to give security for his or her good behaviour, at the discretion of such court or justice, for any term not exceeding four months; and on failure of such person to give the security required, he or she shall be committed to jail, there to remain until the security be given, or until the expiration of one month from the time of his or her commitment.(c) 3. This act shall be in force from the passage thereof. (a) See 2 Rev. Code 1819, ch. 234, § 7, 8, 9, 10. Acts 1821-2, ch. 21, p. 23. See 2 Rev. Code 1819, ch. 235, § 1, 2, 3, pp. 225, 226. CHAP. 381.-An ACT to amend the act, entitled, "an act to reduce into one the several acts concerning mills, mill-dams, and other obstructions to water courses. (Passed March 2d, 1826.) those wishing to &c. make abut ments, &c. 1. Be it enacted by the general assembly, That when any person, Writ of ad quod owning lands on any water course, and desiring to build a water damnum given to grist-mill, or other machine, or engine, useful to the public on such cut canals to mills, lands, and to supply the same with water, by cutting a canal or race through lands lying above or below on the same side of such water course, and by drawing the water therefrom, into such canal, either without a dam across the stream, or with such dam only, as will not raise the water above its natural level; or having a mill or other engine useful to the public, on such land, and desiring in like manner to supply the same with water by a canal, and not having the fee simple property in the lands through which he would cut his canal, or against which he would make the abutments of his dam; he shall make application, for a writ of ad quod damnum, to the court of the county wherein the greater part of the lands, proposed for the canal and abutments, may lie; and such writ shall be awarded to him, in the manner and upon the conditions prescribed by the act of assembly, entitled, an act to reduce into one the several acts concerning mills, mill-dams and other obstructions to water courses," passed March the second, eighteen hundred and nineteen: Provided, however, That no such writ of ad quod damnum Notice to owners shall be awarded, unless the owner of lands on the said water of lands to be course, between the points at which the water is proposed to be withdrawn from the stream, and that at which it will be returned thereto, shall have previous notice of the application therefor, as follows, that is to say if such owner live within the county in which Requisites of nohis land lies, or have an agent therein, he or his agent shall have ten days previous notice; if he lives not within the county and have no agent therein, then the applicant may either serve him with personal notice, ten days prior to the application, or he may advertise his intended application, on the door of the courthouse of the county, on the first day of two terms next preceding, and for four weeks successively, in some newspaper, such as the court of the county shall have described; infant owners shall have like notice by their guardians, and married women by their husbands. (a) given. tice. stituting jury. praise one acre, 2. The freeholders summoned by the sheriff, shall be charged by Charge to be given him impartially, and to the best of their skill and judgment, to view freeholders conthe said lands, so proposed for a canal or race, and for an abutment or abutments, and to locate and circumscribe by certain metes and To locate, circumbounds a quantity not exceeding one acre thereof for each abut- scribe, and apment, and so much as may be necessary for the proposed canal, in- &c. for abutcluding not more than thirty feet on each side thereof, having due ments, &c. regard therein, to the interests of both parties, and to appraise the same according to its true value; to examine the lands above and To ascertain dabelow the commencement of said canal, if the property of others, mages. which may probably be overflowed or deprived of water, or otherwise injured, by said canal or dam, and what damage it will be of to the several proprietors; especially what damage it will be of to the proprietors of the land through which the canal will run, over and above the value of the land; to say whether the mansion-house Other objects of Acts 1825-6, ch. 29, p. 32. (e) 2 Rev. Code 1819, ch. 235, § 1, 2, 3, pp. 225, 226. inquest. Return of inquest and writ. In what cases leave shall not be granted. of any proprietor, or the offices, curtilage or garden thereunto immediately belonging, or orchards, will be overflowed or otherwise injured; to enquire whether and in what degree fish of passage, and ordinary navigation may be obstructed; whether by any and by what means, such obstruction may be prevented; and whether in their opinion, the health of the neighbours will be annoyed by the stagnation of the waters, or otherwise.(b) 3. The inquest so made and sealed by the jurors, together with the writ, shall be returned and proceeded in, in the manner prescribed by the third section of the aforesaid act.(c) 4. If on such inquest, or on other evidence, it shall appear to the court, that the mansion house of any proprietor, or the offices, curtilage or garden thereunto immediately belonging, or orchards will be overflowed, or otherwise so injured that reasonable compensation in damages cannot be made, or the health of the neighbours be annoyed, they shall not give leave to build the said mill, machine, or Court allowed dis- engine, or to cut the said canal, or erect said dam; but if none of cretion. Parties obtaining leave, to pay value of land and damages assessed. these injuries are like to ensue, they shall proceed, under all the circumstances, to give or refuse the leave, on the principles and terms prescribed by the fifth section of the aforesaid act.(d) 5. If the party applying obtain leave to build the mill, máchine or engine, and to cut the said canal, and erect the said dam, or obtain leave to do any of these things; he shall, upon paying respectively to the several parties entitled, the value of the land located, and the damages which the jurors find will be done to the lands of the several proprietors, become seised in fee simple of the land so located, and be authorized to proceed to erect such mill, machine or engine, cut such canal, erect the said dam, and draw the water from the ancient water course, into the said canal for the use of the said mill, machine or engine, or to do any of these acts, according to the leave granted, and upon the terms and conditions prescribed. Whenever leave shall have been given to supply an exist race is finished, ing mill, machine or engine, with water by a canal, pursuant to the provisions of this act; and such canal shall have been completed, the dam by which such mill had before been supplied with water, Within what time. shall be abated within twelve months, or in such shorter period as the court of the county shall direct. (e) When canal or former mill-dam to be abated. For what causes title to revert to former owner. Saving rights of infants, &c. 6. The title to any land, which may be condemned, under this act, shall be vested in the petitioner, in the same manner, and shall be held subject to the same limitations and restrictions, and shall revert to the former owner, his heirs or assigns, for the same causes as land condemned, under the before recited act; and the rights and interests of infants, femes covert, persons non compos mentis, imprisoned, or out of this commonwealth, in the service thereof, or of the United States; and of remainder-men and reversioners, shall in all respects be saved and guarded, as by the said act is provided, in cases of land, condemned under its provisions. All other rights and privileges acquired under this act, shall be subject to all the limitations, restrictions and provisions, enacted and declared by the Inquest not to bar above recited act: no inquest taken by virtue of this act, and no any public prosecution or private opinion or judgment of the court thereupon, shall bar any public action. (b) Altered from ibid. § 2. (c) Ibid. § 3. (e) Ibid. § 6. prosecution or private action, which could have been had or maintained, if this act had never passed, other than prosecutions and actions for such injuries as were actually foreseen and estimated upon such inquest.(e) 7. The dam authorized by this act, across the bed of the stream, Height of dam. shall be built so high only, as will keep and secure the water, in the stream at the dam, from falling below its common level, at the time such leave shall be granted; and the said dam, shall at no time be raised higher than shall be necessary to preserve such level. and about mills, &c. 8. All persons concerned, or employed, about any mill, or other Powers, liabilities, privileges and dumachine or engine, erected by authority of this act, either as owner, ties of persons in miller, or otherwise, shall demean themselves in the same way, perform the same duties, conform to the same regulations, have the same privileges, and be liable to the same penalties, and damages, as persons similarly concerned, or employed, in or about mills, machines, or engines, erected under the authority of the before recited act: Provided, That nothing herein contained shall be so construed, Vested rights not as to authorize any person, by means of any such canal, to draw with. the water from any mill pond existing at the time of application for such canal, nor in any other way to conflict with any vested right in any water works erected on any stream.(ƒ) to be conflicted 9. This act shall be in force, from and after the first day of Janu- Commencement. ary next. CHAP. 382.-An ACT exempting old men from labouring on the public high ways.* (Passed January 1st, 1829.) 1. Be it enacted by the general assembly, That hereafter, no Old men exempt from working on man who has attained the age of sixty years, shall be compelled to roads. labour in person on the public highways; and the affidavit or af- What to be evifirmation of any person who shall claim the benefit of this act, made dence of their age. before any justice of the peace, in due form, shall be prima facie evidence of such person's age. 2. This act shall be in force from its passage. CHAP. 383.-An ACT concerning surveyors of highways.t Commencement. county Compensation to surveyors of high ed. 1. Be it enacted by the general assembly, That the several and corporation courts in this commonwealth, in the exercise of a ways, how allowdiscretion upon the subject of compensation to surveyors of highways, shall be, and they are hereby authorized to refuse any compensation to surveyors of highways within the said counties or corporations, or may allow such compensation not exceeding one dollar and twenty-five cents per day, as to the said courts may seem proper, and their decision shall be final. 2. This act shall be in force from its passage. (e) Altered from ibid. § 6. Commencement. |