274 .1. L. Bishop— The State ^Yor'ks of Pennsylvania. 



year thereafter, petition the court of quarter sessions of the county 

 in which the damage has been committed, and the said court shall 

 appoint five reputable citizens Avithin the judicial district of which 

 the said county is a part, and not residing in or inhabitants of the 

 said county, whose duty it shall be, after being severally sworn or 

 affirmed, to view the premises, and taking into consideration the 

 advantages of said canal to the petitioner, report such damage, if 

 any, as they or any three of them shall think the OAvner has sus- 

 tained by reason of said canal ; and in case the said viewers are of 

 opinion that the petitioner has received no damage, or that the 

 advantages derived from the canal are sufficient compensation to 

 the petitioner for any injury sustained by him, they will also report 

 the same to the said court; for all which services the said viewers 

 shall receive two dollars for every day employed, and three cents 

 for every mile they shall necessarily travel in the performance of 

 such service, the costs of such proceedings, wherever the viewers 

 report no damage, shall be paid by the petitioner: and upon the 

 approbation of the said court to the report of the said viewers, and 

 the certificate of the prothonotary to the amount, the acting canal 

 commissioner shall and he is hereby required to pay to the said 

 petitioner the full amount of damages and costs assessed as afore- 

 said : provided, That the petitioner shall be required to give 

 reasonable notice to the nearest acting canal commissioner, of the 

 time and place when and where the said viewers are to meet for the 

 purpose aforesaid: and provided also, That the right to except to 

 the report of said viewers, by either party, shall be and remain the 

 same as is extended to reports of viewers for road damages, under 

 the existing laws of this commonwealth: provided further, That in 

 cases where small portions of private property are or may be in a 

 great measure destroyed by the public works, and where, in the 

 opinion of the commissioners, it would be more advantageous to 

 purchase the land, than pay the probable amount of an assessment 

 of damages, said commissioners are hereby authorized to purchase 

 said lands on behalf of the state, and to sell the remainder not 

 occupied by the canal, and convey to the purchasers respectively the 

 estate and title thus acquired. And in cases where fences may be 

 thrown down, fields laid open, or crops and gardens destroyed by the 

 temporary occupancy of the ground in constructing the canal, the 

 acting commissioner shall have power to settle with and pay the 

 owner such damages as may be reasonable and just; not exceeding 

 in any one case the sum of twenty dollars, without the approbation 

 of the board. And said board is hereby authorized to make an 

 amicable adjustment of any damages, whatever, sustained by the 

 owner or owners of any land through which any canal or railroad 

 to be made at the expense of the state, passes or is intended to pass ; 

 and nothing herein contained shall be construed to prevent said 

 board, or a majority of them, from agreeing with the owner or 

 owners of any land, (through which any canal to be made at the 

 expense of the state, passes or is intended to pass) for the purchase, 

 use and occupation thereof, on behalf of the state. 



