Pennsylvania Act 1878-137 — STATE ROADS, DEBTS PAID

Act text

STATE ROADS, DEBTS PAID
                  Act of May 23, 1878, P.L. 102, No. 137              Cl. 36
                                  AN ACT

     To facilitate the payment of debts contracted in the
        construction of state roads in this commonwealth, laid out
        and opened in pursuance of authority conferred by special
        acts of the legislature, and to authorize the completion of
        any of said roads still unfinished.

        Section 1.  When supervisors shall take charge
        In all cases where a public highway has been laid out,
     opened, or partially opened by commissioners, under authority
     derived from any special Act of Assembly, and the time during
     which the said commissioners were authorized to act as such has
     expired, it shall be the duty of the supervisor of roads in the
     several townships in which any part of said public highways
     might be located to take full charge of the same in their
     respective townships, keep them in order, and in cases where
     necessary, to complete them the same as they are by law required
     to do in cases of public highways laid out by order of the court
     of quarter sessions of the proper county.  1878, May 23, P.L.
     102, No. 137, Sec. 1.
        Section 2.  Special tax
        In all cases where any of the said commissioners have
     lawfully contracted any debts in laying out and opening any of
     the said public highways, and the same still remains unpaid, and
     by the provisions of the Act of Assembly under which any of said
     commissioners were appointed, they were authorized to levy a
     special tax to pay the expense of opening and laying out any of
     said public highways, or were authorized to receive and expend
     any portion of the public road tax for the same purpose, it
     shall be the duty of said supervisors to levy the said taxes on
     the property authorized so to be taxed in their respective
     townships, in the same way that the proper commissioners were
     authorized to do; to receive any taxes levied by said
     commissioners and not paid over to them, and appropriate the
     same in payment of the said debts, and also to receive and
     expend in the same manner any portion of the public road tax
     levied in their respective townships that may have been set
     apart for the use of any of said commissioners, until said debts
     are fully paid.  1878, May 23, P.L. 102, Sec. 2.
        Section 3.  Commissioners may renounce
        In any case where commissioners have been appointed by
     authority of any special act of assembly to lay out and open any
     public highway, and the time in which they were authorized to
     act has not yet expired, the said commissioners, or a majority
     of them, in any case, may file their renunciation of the powers
     conferred upon them by any of said acts, in writing, in the
     office of the clerk of the court of quarter sessions of the
     proper county, and from the date of the filing of said
     renunciation their powers and duties under said acts shall cease
     and determine, and it shall be the duty of the supervisors of
     the several townships in which any part of said public roads are
     located to forthwith take charge of said public highways, levy
     and taxes which said commissioners were authorized to levy,
     receive any taxes that may have been levied by said
     commissioners, receive any public road taxes which said
     commissioners were authorized to receive and to expend said
     moneys in paying any debts contracted by said commissioners, in
     the same manner as is authorized in section two of this act in
     cases where the time in which said commissioners were authorized
     to act has expired.  1878, May 23, P.L. 102, Sec. 3.
        Section 4.  Settlement of accounts of supervisors
        It shall be the duty of said supervisors to settle their
     accounts of moneys levied, collected and received, by virtue of
     this act, with the auditors of their respective townships, in
     the same manner that the other accounts of supervisors of roads
     are settled; and the pay of said supervisors for duties
     performed under this act shall be the same as while engaged in
     their other duties, to be paid by the respective townships in
     which they reside: provided, that this act shall not apply to
     any State road in counties containing more than seventy-five
     thousand inhabitants, nor to any State road the accounts of
     which have been closed up and money distributed by virtue of any
     act of assembly or decree of a court.  1878, May 23, P.L. 102,
     Sec. 4.