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Weekly report to open to investi

Auditor, & books

gation by Gov

ernor.

Vacancy.

report he shall lay before the General Assembly by the sixth day of the session.

3. The Treasurer shall make reports, once per week, to the Auditor, of all payments at the Treasury, and the warrants upon which the same were made, which reports shall be filed by the Auditor in his office. He shall, at all times, when called upon by the Governor, exhibit his books and accounts, and his cash on hand or in deposit. He shall settle his accounts with the Auditor once per month, as provided by law.

legislative com

mittee.

4. A committee, composed of members from both Examination by Houses, shall be appointed, within ten days after the organization of the General Assembly, at every regular session thereof, whose duty it shall be personally to examine into the state of the Treasury, to examine all papers or vouchers upon which money has been paid, for each of the preceding two years; ascertain the amount of money paid into and paid out of the Treasury, and the amount of public money on hand. To notice the misapplication or perversion of any of the public funds, by the Treasurer or others. The same committee shall examine the books, office, and accounts of the Auditor; and in said examination they shall carefully note, without defacing, all the Treasurer's receipts, which are the foundation of a charge against him, in such manner as will plainly show that said receipts have been examined by the committee. The committee shall report the facts fully and truly to each House of the General Assembly, for publication, in a clear and intelligible manner.

&c., to successor.

§ 5. The Treasurer, upon the expiration of his term of To deliver books, office, shall deliver to his successor, when ready to enter upon the duties of his office, all the public money, books, property, or effects under his control, belonging to the Commonwealth. If a vacancy occurs in the office of Treasurer, by death, resignation, or removal, the Governor shall appoint two discreet, well-qualified, and disinterested persons to state the accounts of the late Treasurer with the Commonwealth; to ascertain the amount of public funds on hand, after making a true and perfect inventory of the same, and taking the receipts of the newly appointed Treasurer; they shall return said statement, with their report, to the office of Secretary of State. The Treasurer, or his personal representative, or surety, whose accounts are thus stated, may attend the meet

ings of the commissioners, while engaged in making said. statement. The report of the commissioners shall be prima facie evidence for and against all concerned and interested.

Commonwealth.

§ 6. No money shall be paid to any person in his own No money to be right, or, as assignee of another, when such person or his indebted to the assignor is owing the Commonwealth; and such claims, when presented, shall be liquidated and settled by a credit for the amount thereof upon the accounts of the public debtor, so far as may be required to pay the amount; and for any balance due after settling the whole demand of the Commonwealth, payment may be made.

clerk.

§ 7. The Treasurer is authorized to employ one clerk to May employ one assist him in his office; and the sum of one thousand dollars per annum shall be allowed him to pay said clerk.

Salary of clerk.

CHAPTER 109.

TREASURY WARRANT CLAIMS.

County Courts to dispose of Vacant Lands-Patents to issue therefor.

§ 1. Each county in this Commonwealth shall have the right to dispose of the unappropriated lands lying therein not otherwise provided for, in the manner hereinafter directed, and hold the proceeds for county purposes, unless the same has been by law otherwise appropriated.

GEN. STAT.-52

2 R. S., 430.

How

ated lands dis

posed of.

§ 2. An actual settler on any vacant and unappropriated Pre-emption. land shall have a pre-emption right to any number of acres, not exceeding one hundred, to be laid off as nearly as possible in a square, his improvements in the centre. Before any other person shall locate the same, three months' notice of intention to do so must be given to the actual settler, in which notice the land intended to be taken up or appropriated must be described.

Actual settler to notice.

have 3 months'

If the settler shall not, within three months from the giving of such notice, cause the land to be entered and surveyed preparatory to obtaining a patent for the same, then the person giving the notice may enter and survey the land, and proceed to obtain the patent therefor.

how appropriated

Any person who wishes to appropriate any vacant and Vacant lands— unappropriated lands, may, on application to the county court of the county in which the same lies, and paying therefor such price as the court may allow, not less than

Must enter the

land within three

months after no

tice.

five dollars per hundred acres, obtain an order of court authorizing him to enter and survey any number of acres of such land in the county, not more than two hundred.

enter more than 200 acres.

The party obtaining such order may, by an entry in the No one person to surveyor's book of the county, describing the same, appropriate the quantity of land it calls for in one or more parcels, as he may think proper; but no one person shall, under this chapter, enter, survey, or cause to be patented, more than two hundred acres of land in any one county.

3. The surveyor shall survey the entries in the succession in point of time in which the same are made, bounding

Entries to be surin the or

der of time they the same by plainly-marked trees, stones, or stakes, noting

are made.

where it binds on a water-course, or the marked line of another survey, giving names. It shall be made in the presence of two disinterested housekeepers as chainmen, whose names must be placed at the bottom of the plat and certifi

cate.

Such survey must be made within six months from and How surveys to after the date of the entry.

be made; & with

in six months.

A plat and certificate of the survey must be made out by Plat and certifi- the surveyor and recorded in his books, and the original

cate.

thereof, and a copy of the order of court under which it is made must be deposited in the Register's Office within six months after the survey is made.

A patent may issue on the survey within three months

When patent to after a plat and certificate thereof, and a copy of the order,

issue.

are filed in the Register's Office.

com

Title to
mence from date

of survey.

When a survey has been carried into grant, the Register shall write across the face of the order on which the survey was made "satisfied," and sign his name thereto.

The legal title of the land shall bear date from the time of making the survey.

One year from the time this revision takes effect is allowed

When surveys to for returning all surveys theretofore made; but if the survey

be returned.

was made six months before the same was deposited with the Register, the title shall take its date from date of patent. None but vacant land shall be subject to appropriation

to be entered.

Only vacant land under this chapter. Every entry, survey, or patent made or issued under this chapter, shall be void, so far as it embraces lands previously entered, surveyed, or patented.

The Register may receive plats and certificates of survey after the expiration of the time herein allowed for returning

the same; but in such case the legal title shall take effect

only from the date of the patent.

feited land.

No land shall be subject to appropriation under this chap- Escheated or forter that has reverted to the Commonwealth by escheat, or has been forfeited for an omission to list the same for taxation, or failing to pay the taxes thereon, or which has been. once patented, and the title of the same has in any way become again vested in the Commonwealth.

CHAPTER 110.

TURNPIKE, GRAVEL, AND PLANK ROADS.

§ 1. Any company incorporated, or which may hereafter be incorporated, for the purpose of making a turnpike, gravel, graded, or plank road, may acquire the title to one acre of land adjacent to each mile of the road, in one or more parcels, for the purpose of obtaining materials for the making or repairing of the road; and also, in addition, not exceeding ten acres of land for the purpose of erecting thereon a toll-house for the use of a gate-keeper, and for the use of himself and family.

1. The necessary rock, gravel, wood, or other material, or the use of any rock or quarry for making or repairing the road, may be obtained by purchase; or as an equivalent therefor, in whole or in part, the use of the road free of toll may be granted to the owner of the materials, at one or more gates, in perpetuity, or for a term of years.

2 R. S., 436.

Lands may be acquired for cer

tain purposes.

Rock, &c., may

be purchased, or

owner suffered to

pass gates free.

damnum.

2. When the land or material cannot be obtained by pri- Writ of ad quod vate agreement, the company may have the same condemned under a writ of ad quod damnum.

ny as to land al

ready acquired.

3. The company may retain any such land heretofore Rights of compaobtained, whether there was any law authorizing its acquisition or not, and may sell any such land heretofore or hereafter acquired, to the owner of the adjoining land, but none other; nor shall any building be erected thereon, or otherwise used as a residence for any person, except for the use of a gate-keeper. If any part or parcel of such land is built on, and otherwise so used, such parcel shall revert to and become the property of the person from whom it was purchased, or his heirs. But if any such land be sold, as herein

[blocks in formation]

Rules to be ob

served by vehicles running on road.

4. If the company ceases to keep up the road, any land land procured as herein authorized shall revert to the person from whom it was obtained, or his heirs, saving the rights of creditors.

allowed, the company may purchase as much more elsewhere, within the mile.

§ 2. The following rules shall be observed by all vehicles running on any turnpike, gravel, or plank road:

1. Vehicles meeting shall give to each other one half of the stone, gravel, or plank road, each bearing to its right; when a fast vehicle overtakes one of slower movement, the latter shall bear to the right, so as to permit the other to pass on its left side. But on plank roads not affording room for the passage of both on the planks, no loaded wagon or cart shall be required to get off the planks to afford a passage to any vehicle other than another loaded wagon or cart.

2. If any driver fail or refuse promptly to comply with either of these rules, he or his employer shall be fined for each offense not less than two nor more than five dollars.

3. Bells of no kind shall be carried on the animal or aniUse of bells pro- mals drawing any vehicle. For any violation of this rule,

hibited.

the driver, or his employer, shall be fined from two to five dollars for every day during any part of which the offense is committed.

Rates of toll.

4. Whoever shall obstruct any portion of a turnpike, gravel, or plank road, by depositing thereon any stone, wood, material, filth, or trash, or by feeding any stock on either the stone, or plank, or dirt part of the road, shall, for every such offense, be fined from two to five dollars.

5. No vehicle shall be unnecessarily left standing, by night

Not to be left or day, on the stone, gravel, or plank part of the road; nor

standing on road unnecessarily.

shall the animals attached thereto be fed on such part of the road. Every driver or his employer violating this rule shail be fined, for each offense, from two to five dollars.

6. Any unlawful obstruction to a road may be removed Obstructions may by the agent or superintendent thereof, at the cost of the person making the obstruction, which may be recovered in the name of the company.

be removed.

§ 3. The following shall be the rates of toll on all turnpikes and gravel roads, unless the charter of a company provides differently, or unless the rates have been reduced by the Board of Internal Improvement:

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