Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1859-03-31
CANAL DAMAGES.

SEC. l. Be II ennried &c That the press
dent Judges of the Eleventh, Thirteenth and
Twenty-sixth judicial districts of this Common.
wealth. or a majority of them, shall, on or ne
fore the first day of June next, appoint board
of appraisers, to consist of three diSintereStcd
persons, who shall reside out of the counties of
Bradford. Wyoming aud Luzrrne, whose duty
it shall be to assess all damages, and investi-
gate aud pass upon all demands which the
North Branch canal company is liable to ! ay
under the ser enth section Of the act, appr0
we'd the twenty first day of April, Ammo Domini
one thousand eight hundred and Gfty-eight,
entitled /" An Act fol- the sale of the State
canals" and by virtue of its purchase of said
canal from the Sunbury and Erie railroad com,
pany said board shall take into consideration
the advantages as we'll disadvantages to the
property, claimed to have been damaged in the
location, construction, repair management or
use of the canals in making their award for
damages. .-
SEC. 2. That any person Or persons or cor
poration, having any claim for damages or other
demands as aforesaid, shall, on or before the
first day of July pext, by themselves, their at
torney or guardian, file in the court Of common
pleas, of the proper county, with the prothono-
tary, statement setting forth the nature and
amount of said claim or claims, with descrip-
tion Of the property said to be damaged all
of which shall be verified by oath or afiirma.
tion which statements so filed shall be legal
notice of said claim to the North Branch canal
company, for the purposes contemplated by this
act ; and the prothonotary of the proper county
shall furnish such appraisers certified copy
all Inla io1 off, of o.
of which shall be passed and reported pou by
such appraisers.
SEC. g. That the said appraisers, after being
duly qualified by oath or affirmation, faithfully,
justly, impartally to decide, aud true report t
make concerning all matters submitted to them,
shall proceed to examine the claims before
them and in eases of damages, to personally
examine the lands claimed to be damaged
and either one of said appraisers may issue
subpenas, administer oaths to witnesses, and
issue attachments to compel the attendance of
witnesses and, after they have heard the pa :
ties, their proofs aud allegations, they shall
proceed to estimate and determine the damages
or other demands, if any, and to what amount,
and to whom payable, and make report there
OF for each county through which the canal
passes, of all cases arising in said county, and
shall file all cases arising in said county, and
shall file said reports in the several counties of
Bradford, Wyoming and Luzerne, together
with the evidence and in all cases not ap-
ptaled from as bereinbefore provided, when
the award is not paid within sixty days from
the day of filing the same, the prothOn0tary
OF the proper county is hereby required to
enter Judgment which shall have the same
effect as Judgment entered upon award of arbi-
traitors, und,r the compulsory arbitration act
of one thousand eight hundred and thirty
six
SEC. 4. That all certified copies of papers
of the late Canal Commissioners AID their
journal, and certified copies Of all papers on
file in any of the departments of State, shall if
pertinent, be received in evidence by the hoard
of appraisers in adjudicating said claims the
said appraisers shall complete the investga-
tion required 10y the act within one year from
the time of their appointment and shall be
paid by the said canal company for their services
three dollars per day for all time necessarily
occupied, and ten cents per mile for all neces-
Sary travel.
Sec. o. That in all cases either party may
appeal within twenty days after the filing of
said report; and the party appealing shall make
an affidavit that the same is not for the pur-
pose of delay, but that injustice has been done
ard when such appeal shall have been entered
the court of common pleas Of the proper county
shall, in each case so appealed appoint five or
seven diSintereSted persons, who shall not re
side within five miles Of the North Branch
canal, and fix time not less than twenty nor
more than forty days thereafter for said jury
OF viewers to meet upon the premises where
the claim for damages or other demand may
be alleged to have arisen, as by petition pre-
sented for previous view, Of which time aud
place ten days notice shall be given by the ap-
pellant to the other party and the said jury,
or majority of them, having been first
sworn or affirmed by some person competent
to administer oaths faithfully, justly and iln-
partially to decide, and a true report make
concerning all the matters and things submit.
ted to them, and in relation to which they are
authorized to inquire in pursuance of the pro
visions Of this act, they shall perform all the
duties, and have all the powers conferred by
this act on the former board of appraiser, land
after having made fair and just examination,
they, or a majority of them, shall estimate and
determine whether any, and if any, what
amount of damages have been sustained, or
what amount may be due OH other demands,
and to whom payable, and make report thert
OF stating particularly therein when and how
the damages were occasoned, to the court
which, if approved, shall be final and if not
satisfied of record within sixty days after ap-
proval of the same, the prothOnotary shall
enter judgment thereon but if said report
shall not be confirmed by the court, it may be
referred back to the same jury, or others may
be appointed by the same court in their stead
and in either case specific instructions shall be
given by the said nrt to the jurors as to the
mode of assessing the said damages, and max
ing the said report and if said jurors shall
proceed in accordance with the Instruction Of
the court, their report shall be final !; bnt if