Pennsylvania Act 1879-119 — NAVIGABLE STREAMS, WIDENING AND STRAIGHTENING

Act text

NAVIGABLE STREAMS, WIDENING AND STRAIGHTENING
                  Act of Jun. 5, 1879, P.L. 100, No. 119              Cl. 74
                                  AN ACT

     Applying the laws for widening and straightening roads to
        navigable streams affected by the tides of the ocean.

        Section 1.  Widening, etc; of streams
        The courts of quarter sessions of the several counties of
     this Commonwealth, shall have power to authorize the widening,
     deepening and straightening of all navigable streams affected by
     the tides of the ocean, where both sides thereof are within this
     commonwealth, in the manner in which roads and highways are not
     authorized to be widened and straightened.  1879, June 5, P.L.
     100, Sec. 1.
        Section 2.  Road laws to be applicable thereto
        All the laws of this Commonwealth relating to widening and
     straightening roads and highways, be and the same are hereby
     extended and made applicable to the widening, deepening and
     straightening of all such navigable streams: provided, that the
     expense of the same, including the pay of juries of view, shall
     be borne by the parties through whose lands such navigable
     streams shall pass in proportion to the advantages received by
     such owners of lands: and provided, that the application for
     such widening, deepening and straightening, shall be made by the
     owners of two-thirds in extent of front of the lands upon the
     part of such stream proposed to be widened, deepened, or
     straightened.  1879, June 5, P.L. 100, Sec. 2.
        Section 3.  Beds of streams vacated to vest in adjoining
     owners
        Wherever by the widening and straightening of such navigable
     streams, any part of the bed thereof shall be left vacant, the
     same shall be vested in the owners of the adjoining lands, as
     fully and effectually as the ground where public highways are
     vacated vests in the adjoining land owners.  1879, June 5, P.L.
     100, Sec. 3.
        Section 4.  To whom order shall be directed
        The order to widen, deepen or straighten any navigable
     stream, shall be directed to the owners of the land through
     which the same passes, or to such one or more of them as the
     court of quarter sessions in its discretion shall select; and
     the person or persons to whom such order is directed, shall
     enter into bonds with security to be approved by the court,
     conditioned for the faithful performance of the duty imposed
     upon him or them by the said order.  1879, June 5, P.L. 100,
     Sec. 4.
        Section 5.  Court to confirm stream as public highway
        Upon the return of the said order, the court shall, on being
     satisfied that the stream is in at least as good navigable
     condition as before the change, make a decree, confirming and
     establishing the stream so changed as a navigable stream and
     public highway, and vacating such part of the original stream as
     is thereby rendered useless.  1879, June 5, P.L. 100, Sec. 5.