Draft. for each and every day spent in the laying out of said road, to be paid in manner and form as hereinafter directed. SECTION 4. It shall be the duty of said commissioners to make out a fair and accurate draft of the location of said road, noting thereon the courses and distances as they occur, the improvements, and also the crossings 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 courts of the respective counties in which the 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 Public highway. 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. Expenses how and by whom to be paid. SECTION 5. That the accounts of the said commissioners, for their own pay and the pay of their chain carriers, 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 Time of meeting. first Monday of June next, or as soon thereafter as practicable, and complete the view of said road; and if any vacancy occur, the court of quarter sessions of the county where such vacancy occurs, shall supply, by the appointment of suitable persons, who shall perform said duty. JAMES COOPER, Speaker of the House of Representatives. WM. WILLIAMSON, APPROVED-The fifteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. No. 292. AN ACT In relation to obstructing the Big Brokenstraw creek and its tributaries, in Warren county. SECTION 1. Be it enacted by the Senate and House of Representa lives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Penalty for place from and after the passage of this act, it shall not be lawful for any ing obstructions in the Big Bro- person or persons to deposit any slab or slabs, stump or stumps, or kenstraw creek, other obstruction, in the Big Brokenstraw creek, its tributaries or tale race of any mill on said streams within the county of Warren, which &c. has been or may hereafter be declared by law a public highway; and any person or persons offending against the provisions of this act shall, on conviction thereof before a justice of the peace, be fined in any sum not less than ten dollars, nor more than fifty dollars, at the discretion of the said justice; one half to be paid to the person prosecuting, and the other half to be paid into the treasury of the proper township in which the offence was committed, to be appropriated towards the removing of Appropriation of obstructions from streams as aforesaid, within the said township, and under the direction of the road commissioners of the said township; and it is hereby made the duty of the road commissioners of any township in Warren county, in which any such stream or streams may pass, to attend to the removing of obstructions from the same. JAMES COOPER, Speaker of the House of Representatives. WM. WILLIAMSON, APPROVED-The fifteenth day of March, one thousand eight hundred fines. and forty-seven. FRS. R. SHUNK. No. 293. AN ACT To authorize the sale of the real estate of Mary Amelia Brown, and to authorize WHEREAS, The said Mary Amelia Brown, a minor daughter of Thompson Brown, deceased, is the owner of the undivided third part of a tract of land, situate partly in North Middleton township, and partly in the borough of Carlisle, in the county of Cumberland, bounded by lands of James Noble's heirs, Frederick Watts, esquire, and others, containing one hundred and thirty acres, more or less; and also of two three story brick houses and lot of ground, on the north-west corner of Hanover and Pomfry streets, in the borough of Carlisle; and also of another two story frame dwelling house and lot of ground, in Hanover street, in Carlisle, bounded by Charles Barnitz, James Graham, esquire, and others; and also of a tract of land in North Middleton township, Cumberland county, bounded by Samuel Alexander's heirs, William Graham, William Cornman and others, containing one hundred and seventy-six acres, more or less; therefore, 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 Preamble. it shall and may be lawful for Mrs. Ann Brown, the mother and guar- Guardian to sell. dian of the said Mary Amelia Brown, to sell and dispose of the right, title and interest of the said Mary Amelia Brown in the said two tracts of land, and lots and houses in North Middleton township and the borough of Carlisle, in the county of Cumberland, at such time or Report of sale to be made to orphans' court. Investment of funds. times and for such price or prices as she, together with the said William T. Brown and James G. Brown, shall deem expedient and just ; and upon such sale being made, the said Mrs. Ann Brown is hereby authorized and empowered to join and unite with the said William T. Brown and James G. Brown, together with herself if she so please. having a right of dower in two of the said tracts of land, in conveying a good title to the purchaser. SECTION 2. When any sale or sales of the said estate, or any part thereof, shall be made, and as often as the same shall be made, it shall be the duty of the said Mrs. Ann Brown, as guardian of the said Mary Amelia Brown, to make a return thereof to the orphans' court of Cum berland county; and upon the return thereof, the said court shall order and direct that the purchase money shall be invested for the benefit of the said minor, until she shall arrive at the age of twenty-one years. or such other period as the said court shall direct; the interest thereo to be paid to the said guardian for the maintenance, education and support of the said Mary Amelia Brown during her minority; and the said court shall have power to direct the collection and re-investment of the said fund, from time to time, and as oiten as occasion may require. SECTION 3. That Thomas Baumgardner, administrator cum testaThomas Baum- mento annexo of John Riddle, late of Lancaster county, deceased. gardner, adminis- shall make and execute, under his hand and seal, a good and sufficient trator, &c. of deed or title to Benjamin Lichty, purchaser of certain real estate, situJohn Riddle, deate on the north side of East King street, in the city of Lancaster, Lanceased, authorized to execute a caster county, consisting of a one story brick house and piece of ground thereto belonging; and such deed being duly executed, shall pass all the right, title and interest vested in and belonging to the said John Riddle, at the time of his decease. deed for real es tate. JAMES COOPER, Speaker of the House of Representatives. WM. WILLIAMSON, Speaker of the Senate. APPROVED-The fifteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. Auditor general may appoint an auditor if the court neglect. No. 294. A FURTHER SUPPLEMENT To the law relating to defaulting public officers. SECTION 1. Be it enacted by the Senate and House of Representa tives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That in case the court of common pleas of any county shall neglect to appoint an auditor, as provided for by the tenth section of the act, entitled "A supplement to the law relating to defaulting public officers," passed April twenty-one, one thousand eight hundred and forty-six, it shall be the duty of the auditor general to appoint a competent person as auditor, to discharge the duties provided for in said section; and so much of any law as authorized county auditors to audit and settle the Part of act reaccounts of prothonotaries and other county officers, be and the same pealed. is hereby repealed: Provided, That if the auditor general shall appoint Proviso. an additional auditor for the county of Philadelphia, he shall be entitled to receive from the state treasury, as a full compensation for his services, Compensation of two dollars for every day he shall be actually engaged in the discharge additional auditor of his duties as auditor; and so much of said tenth section as author.. in Philadelphia. ized the appointment of an additional auditor for the county of Alle- Additional audigheny, be and the same is hereby repealed. tor in Allegheny, Tax on writs, sury. SECTION 2. That so much of the tenth section of the act of April repealed. sixteenth, eighteen hundred and forty-five, entitled "An Act to increase &c. to be paid the revenues and diminish the legislative expenses of the common- into state treawealth," as requires prothonotaries and other county officers to pay the tax received by them to the county treasurer, be and the same is hereby repealed; and all payments by said officers shall hereafter be made to the state treasury: Provided, That said officers shall be subject to all Proviso. the penalties provided for in said act. SECTION 3. That the provisions of the eleventh section of the act, Act authorizing entitled An Act to increase the revenues and diminish the legislative county treasurers expenses of the commonwealth," be and the same are hereby extended to employ counto the twenty-first day of April, one thousand eight hundred and forty- sel, extended. eight. receive state stock in payment of SECTION 4. That the eleventh section of an act, entitled "A supple- State treasurer to ment to an act relating to defaulting public officers," passed twenty-first day of April, eighteen hundred and forty-six. be and the same is hereby debts. extended for the term of one year from the first of May next. JAMES COOPER, Speaker of the House of Representatives. WM. WILLIAMSON, -APPROVED-The fifteenth day of March, one thousand eight hundred and forty-seven. FRS. R. SHUNK. No. 295. AN ACT For the improvement of the Delaware division of the Pennsylvania canal. Canal commisSECTION 1. Be it enacted by the Senate and House of Representa- sioners to cause tives of the Commonwealth of Pennsylvania in General Assembly an estimate to be met, and it is hereby enacted by the authority of the same, That made of the cost of enlarging it shall be the duty of the canal commissioners, as soon as practicable, locks, and the to cause an estimate to be made of the cost of increasing the length of amount of damall the locks on the Delaware division of the Pennsylvania canal, so as ages. Canal commissioners to adver of loan. Conditions. Tolls. to pass boats of double the length of those now used on that division, and to furnish them with an additional pair of gates; also an estimate of the cost of increasing the depth of the water in the said division to six feet; and also an estimate of such damage as may be assessed, as herein directed. SECTION 2. That as soon as these estimates shall be prepared, the canal commissioners shall advertise that they will receive proposals for tise for proposals a loan to the commonwealth, to an amount not exceeding the estimates, on the following terms and conditions:-The loan to bear an interest of six per centum, payable semi annually, and to be reimbursable at any time, at the pleasure of the commonwealth; but the interest and principal of the loan to be payable only out of a fund, to be created by an addition of two and one-quarter cents per thousand pounds to the amount of the ordinary tolls, to be collected and specifically appropriated to that purpose, from all coal passing on the Delaware division of the Pennsylvania canal, and in that proportion for shorter distances; certificates will be issued by the state treasurer for the said loan, to be called loan loan to be issued. for the Delaware division," which shall be transferable under the same regulations, as the ordinary loans of the commonwealth: Provided, That no countervailing reduction shall be made in the ordinary tolls on the Delaware division, which shall have the effect of rendering the addition to the tolls hereby provided for, nugatory. Certificates of alterations shall be made. SECTION 3. That whenever a sufficient amount of loan shall be proWhen additional posed for at or above par, agreeably to the said estimates to complete the enlargement of the locks, it shall be the duty of the canal commissioners to accept them, and forthwith to make the necessary arrangements for procuring materials for effecting the alterations in the locks on the whole line of said canal, and for collecting the additional toll on the coal to form a fund for the payment of the interest, and the re-payment of the principal of the said loans; and so when a further sum shall be proposed for at or above par, sufficient, at the said estimates, to increase the depth of water in the said division to six feet, it shall be the duty of canal commissioners to accept it, and proceed with the work as soon as practicable. Distinct account SECTION 4. That the collectors of tolls on the Delaware division shall of tolls to be kept. keep, and return a distinct account of the amount of tolls collected, under this act, to the state treasurer, who shall set apart the amount thereof, for the sole purpose of paying the interest and principal of the loans hereby authorized, as rapidly as the fund thus created will war When they shall cease to be col lected. Basins. Damages to be assessed and paid. The state not bound for the payment of loan, &c. rant. SECTION 5. That whenever the additional tolls herein provided for, shall amount to the principal and interest of the loans hereby authorized, they shall cease to be collected on the coal passing on the Delaware division. SECTION 6. That the canal commissioners are hereby authorized to permit basins to be constructed, under their direction and supervision, along the shore of the Delaware river, within five miles of Bristol, to be connected with the Delaware division by lateral branches. SECTION 7. That all damages to private property sustained, or likely to be sustained by reason of the alterations and improvements, as contemplated by this act, shall be assessed, as soon as practicable, by said canal commissioners, and be forthwith paid on their warrant, out of the money borrowed by virtue of this act; and said commissioners shall cause to be retained, out of said money borrowed, so much thereof as they shall reasonably estimate will cover and pay all such damages. SECTION 8. That the state shall not be considered in any way bound, or her faith pledged at any time hereafter, for the payment of the prin |