Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1859-03-24

SEC. s. That in appraSing and assessing
| damages as aforesaid, the legal and equitable
| rights of the parties, the advantages as well as
as disadvantages of the location or construc-
ton of said canals, to the property claimed to
have been damaged, shall be taken into con
Sideration by the said commissioners, and any
claim for damages or other demand, which
shall have been settled and paid either by said
companies or the Commonwealth, shall not be
entertained by said commissioners.
SEC. 9. That the said commissioners shall
proceed investigate and decide, all cases
brought before them at any of the said places
Of hearing, before removing to another place.
and within ten days after so deciding, shall lille
their reportSSigned by themselves or a majority
Of them, of all cases so decided in the Pro
thonotary'S Office OF the proper county, together
with all bills of costs allowed by them as here
matter required upon which report, unless the
amount reported therein, together with costs,
shall be satisfied and discharged of record with
in: ninety days after filing the sane, the said
prothonotary is hereby required to enter juag
ment, stating upon the record the proper
claimant as plaintiff, and the North Branch
canal company or the Wyoming canal company,
as the case may be, defendant in the suit which
Judgment shall have the same effect as judg
ments entered upon award of arbitratorS, under
tie compulsory arbitration act of one thousand
eight hundred and thirtySix
SEC. TO- That the parties, upon the close
of the hearing and investigation Of each case,
shall file with the commissioners their bills Of
costs verified on oath or affirmation before said
commissioners, that the costs so made were
necessary to the proper investigation of the
case subject, however to immediattlrc taxation
before said commissioners upon application Of
either party.
SEC. IL. That either party may appeal from
the report of said commissioners within twenty
days after entry Of Judgment upon the same in
the prothonotarys Office in the same manner,
and under the same restrictions and require.
mentS, as appeals from awards of arbitratorS
are now allowed under the compulsory arbitra-
ton act of this State, and each case so appeal
ed shall be put at issue by the prothonotary,
upon the plea of nil debit, shall be proceeded
in and tried with all the rights and incidents
as appeals from the awards of arbtrators.-
Pr0rided, That the doctrine OF lega tender by
the said companies shall have its full legal effect
upon all questions of costs, whether the same
shall have occurred before the said commission
ers Or in court after appeal. And prOrjded
fHrther That certified extracts from the Jour
mails and books of the Canal Commissioners.
or former boards of appraisers, and certified
copies of all papers Oh file in any Of the depart
mentS at Harrisburg, shall, if pertinent, be re-
ceived in evidence by the board of commission
erS and by the courts in the investigation aud
adjudication Of the said claims.
SEC. - That no statute oflimitatiOns now
in force in this Commonwealth shall be set up
as legal defence by the present, or any future
owners of the said North Branch or Wyoming
canals, to any Of the claims contemplated by
this act
SEC. l3 That stay of execution shall be
allowed on all judgments entered under the
provisions Of this act, subject all the require
ments of existing laws relating to stay of exc
cutions but the said stay shall be reckoned
from the time Of filing the report of the COM
missioners in the prothonotary'S office.
SEC. a. That the said commissioners shall
each receive the sum of three dollars per dav, |
and their said CLERK the sum of two dollars per
day, for each, and every day, necessarily spent
by them in, and about the business of their
appointment, and five cents for each and every
mile of necessary travel, which said per diem
and mileage, and the sherif'S fees for serving
notices, as required by the second section of
this act shall be paid by the said canal com
panies without recourse in any case to the other
parties, and the fees of witnesses and persons
serving subp@nas and other process, shall be
the same as now allowed by law for similar
services.
SEC Is That the said commissioners shall
complete their Investigations required by this
act within the period of one year from the
time of commencing the same Prorjded, That
the said courts Of the respective counties shall
have power, on cause shown, to extend the
time.
We shall publish Senator MYERS amend
mcnt to the Senate bill, next week