Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1859-04-28
Canal Damages.

SEC. l. BE ~ enacted dc, That within three
months after the passage cf this act the courts
Of common pleas of the several counties in
which the North Branch and Wyoming canals
are located, (Which are now owned by the
North Branch canal company and the Wyom-
ing canal company respectively, shall appoint
three competent ard disinterested persons,
none of whom shall reside in either of the said
counties in which said canal is located, to ap-
praise and assess damages and investigate other
demands consequent upon and arising out Of
the location, construction, repair and use of the
said canals, which either of the said companies
is liable to pay in pursuance of the seventh
section of an act for the sale of the State
canals, approved the twenty-frst day of A pril,
one thousand eight hundred and ffty-eight, to
be called the commissioners of canal claims,
aud said commissioners shall take into conSid-
Grafton the advantage as well as disadvantage
in making their award. . t..
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 twenty
days after said appointment shall have been so
made, for which services the said sheriff shall
be allowed such fees as are by law allowed for
similar services. .. .. n.r... .".
SEC. 8. That the said commissioners of canal
claims shall within ten days after being so no.
tilted of their appointment, meet at the pro-
thonotary's office of the proper county, and
shall be severally sworn or affirmed by the said
prothonotary, or his deputy, to we'll and
truly appraise and assess all damages, and in-
vestigate all other claims and demands, which
shall be brought to their notice, according to
the provisions of this act, consequent upon and
arising out of the location construction, repair
and use of the North Branch canal or the
Wyoming canal, (as the case may be), as pro-
vided for in this act, and true report make
to the court of common pleas of said county,a
copy of all which oaths or affirmations shall be
signed by the said commissioners and filed in
the said prothonotary's Office, Pr0rtded That
in case of the neglect of any of the said COM
msSoners to appear and assume the duties of
his appointment, as herenbeforc provided, or
in case of vacancy occurring in the said
board, from any cause, at any 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 remaining commits
sioner or commissioners, appoint some other
person or persons 10 fill such vacancy or vacan-
cies, and such person or persons, before enter
ing upon the duties of the appointment, shall
be qualified as herenbefore required
SEC A. That the said commissioners shall
Immediately upon being so organized and
qualified give public notice through two news
papers, if there be so many, and if not, in at
least one newspaper, in the proper county, of
the time and place of commencing the assess
ment, appraisement and investigation, which
shall be the northern boundary of the proper
county, and shall examine all claims in their
order, as far as it is possible in connection with
proper discharge of their duties required bv
this act which time shall not be less than thirty
nor more than ninety days, after being organiz
ed and the said commissioners shall cause
copy of such notice to be served upon the
North Branch or Wyoming canal company as
the case may be, by leaving copy of the same
with the president, secretary, treasurer or any
member eff the board of directors of said com
pany, at least ten days before the time so fixed
for commencing the appraisement, ct cetera
aforesaid
SEC. s. That the said commissioners shall
after giving the aforesaid notice, proceed to
examine the claims before them, and in case
OF damages, to personally examine the lands
claimed to be damaged and either one of said
commissioners may issue subpGnas administer
Oaths to witnesses and issue attachments to
compel the attendance of witnesses, and after
they have heard the parties, their proofs and
allegations, they shall proceed to estimate and
determine the damages, or other demands, if
any, and to what amount, and to who payable.
and make report thereof and shall file said
reports in the court of common pleas, with the
hon a. i
all cases not appealed from, as hereinafter pro-
vlded, when the award is not paid within
sixty days from the day Of filing the same, the
prothonotary of the proper county is hereby
required to enter Judgment for said amount
and execution may issue on the same, as in
similar cases as is provided by the existing laws
of the Commonwealth
SEC. 6. 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 August next by themselves.
their attorney, or guardian, or next friend file
in the court of common pleas of the proper
county, with the prothonotary, statement set
ting forth specifically and in detail the nature
and amount of said claim or claims, with a de-
scrptlon of the property and brief of the
title thereto, said to be damaged, which state
ments so filed shall be sufficient legal notice of
said claim to the North Branch, or Wyoming
canal company, as the case may be- for the
purposes contemplated by this act, and the
prothonotary of the proper county shall furnish
such commissioners certified copy of all
claims filed in his Office, as aforesaid, all of
which shall be passed and reported upon by
said commissioners
Sec. I. That all certified copies of papers of
the late Canal Commiss oners, and their print
ed journal, and certified copies of all papers
on file in any of the departments of State, as
we'll as original papers aud proof of the con-
tents of those that are lost, SHALL if pertinent,
he received in evidence by the hoard of com.