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

tee, in the House, read the following bill,
March 3d.
An Act for the Assssrmsnt and Rccorery cf Damages
upon the North Branch and IiyomiHg { diais.
SEC. |. BE Il tnac'cd &c That within
three months after the passage Of this act, the
the courts of common pleas ofthe several coun-
tics in which the North Branch and Wyoming
canals are located, (Which are now owned by
the North Branch canal company and the
Wyoming canal company respectively, shall
appoint three competent and diSuIereSted per
sons, none of whom shall reside within ten miles
of the line of said can2S, to appraise and assess
damages, aud investigate other demands, con-
sequent upon and arising ont of the location,
construction, repair and use of the said canals,
in conformity with the seventh section of an
act for the sale of the State canals, approved
the twenty first day of April, one thousand
eight hundred and fftyeight, to be called the.
commissioners of canal claims
SEC. 2 That notice of the appointment of
the said commissioners shall be served upon
each person so appointed by the sheriff of the
proper county or his deputy within ten days
after said appointment shall have been SO made,
for which services the sheriff shall be allowed
such fees as are by law allowed for similar SER
vices. @
SEC 8. That the said commissioners Of
canal claims shall, within ten days after being
40 notified of their appointment, meet at the
prothonotoryS Office of the proper county, and
organize by electing one of their number pre-
sdent, and by selecting clerk, not of their
number, which clerk is hereby allowed them,
and when so organized The said commissioners
shall be severally sworn or affirmed by the said
prothouotary, or his deputy to well and truly
appralSe and assess all damages and investigate
oil other claims and demands which shall be
brought TO their notice, according to the pro-
visions of this act, consequent upon and arising
out of the location, construction, repair and
use of the North Brauch canal, or the Wvom-
ing canal, (as the case may be- as provided for
in this act, and true report make to the court
Of common pleas of said county and their said
clerk shall be sworn or affirmed by said pro
thonotary, or his deputy, or by the president of
said board of commissioners, to keep correct
minutes of all the proceedings of said commits
BionerS, and all the evidence taken by them
according to the provisions of this act, a copy
Of all which oathS or aflirmatonS shall be sign
ed by the said commissioners and clerk rcspec-
lively, and filed in the said prothonotary's
Office. PrOridcd, That in case of the neglect of
any of the said commissioners to appear and
assume the duties of his appointment, as here
inbefere provided, or in case of vacancy Oc.
curing in the said board, from any cause at
sRy time thereafter, the said court or majority
of the Judges at chambers shall on notice of |
the fact by any party interested, or by the re- /
naming commissioner or commissioners appoint /
some other person or persons to fill such vacancy .
or vacancies and such person or persons, before
entering upon the duties of the appointment,
shall be qualified as hereinbefore required.
SEC. 4. That the said commissioners shall |
Immediately upon being so organized and quail /
fled give public notice through two newspapers
If there be so many, and if not in at least one
newspaper in the proper county, and by print.
ed advertisements put up in public and con>pj. .
cuous places of the time and place ofcommenc-
ing the assessment, appraiSement and investi- .
cation required by this act, which time shall |
not be less than fifteen nor more than thirty /
days after being SO organized, and the said .
commissioners shall cause a copy of such notice .
to he served upon the North Branch or wv |
oming canal company, (as the case may hc), /
by leaving copy of the same with the pres /
dent, secretary, treasurer attorny or any of the |
board of directors of said company, at least
ten days before the time SO fixed for commenc-
ing the appraisement, ct cetera, aforesaid
SEC. D. That at the time so fixed the said |
commissioners shall 60 upon the line Of said
canals, commencing at point on the northern |
boundary of the proper county, and except !
where the same be waived by the parties, by .
writing filed with said commissioners, personal |
ly examine and inspect the lands, tenements
MI boraJitoD,opfc nd e,
kind claimed to have been damaged 10y or used .
in the location, construction, repair or use of !
the said canals and shall at the places herein
after designated by name, hear and take teSti-
mony relating to the claims before said com
missionerS, for which purpose the said commits
sionerS are hereby authorized to issue sub
pnnas and compel the attendance of witnesses,
and administer oathS and aiiirmationS
SIC. g. That the said commissioners shall |
hold regular sessions for hearing testimony and |
investigating the cases that may arise under .
this act at the following named places and in ,
the several counties at the places in the same
order, as herein named, to wit in Bradford |
county, at Athens, Towanda and Wyalnsing 4; |
in Wyoming county, at LNceyville and Tunk-
hammock III Luzerne county, at PlttstOn and |
WllkeSbarre in Columbia county, mt Blooms |
burg in Montour county at Danvlle aud ia
Northumberland county, at Northumberland !; /
and the said commissioners Shall remain in .
session at each of the said places, for the trans
action OF the said business at least five days, |
and as much longer as the proper discharge of .
their duties may require. Prorided That the .
said commissioners may hold additional sessions .
at such other places along the line of said I
canals, and for as long term as they may deem
necessary. And prorlded fHrthe,, That al least
five days notice shall be given of the time of .
holding each succeeding session, or in case of /
of any meeting, :he like notice
OF such postponement by at least three public
advertisements, put up at the places Of Holding