Power to enter on land and dig, &c. 
Remedy for damage done thereby. 
Proviso. 
2d proviso. 
Power to enter on lands contiguous, & 
take stone, timber, &c. 
PAPER 72: ANTHRACITE IN THE LEHIGH VALLEY 
which may have been erected in said river; and if the said Josiah White, 
George F. A. Hauto and Erskine Hazard, their heirs and assigns, can- 
not agree with the owner or owners thereof on the compensation to be 
paid for such injury, the same proceedings shall be had as is provided 
in the third section of this act, the persons valuing the damages, being 
first sworn or affirmed, or the jury as the case may be, shall take into 
consideration the advantages which may be derived by such owner or 
owners by the navigation aforesaid. 
Secr. 3. And be it further enacted by the authority aforesaid, That 
the said Josiah White, George F. A. Hauto and Erskine Hazard, their 
heirs and assigns, shall have authority and power by themselves or their 
superintendents, engineers, artists and workmen, to enter in and upon 
and occupy for the purpose, all land which shall be necessary and suit- 
able for erecting of a lock, sluice, canal, tow-path or other device, doing 
as little damage as possible, and there to dig, construct, make and erect 
such lock, sluice, canal, tow-path or other device, satisfying the owner 
or owners thereof; but if the parties cannot agree upon the compensa- 
tion to be made to such owner or owners, it shall and may be lawful 
for the parties to appoint six suitable and judicious persons, who shall 
be under oath or affirmation, and who shall reside within the proper 
county where the land lies; or if they cannot agree on such persons, then 
either of the parties may apply to the court of common pleas of the 
proper county where the land lies, and said court shall award a venire 
directed to the sheriff, to summon a jury of disinterested men, in order 
to ascertain and report to said court what damages, if any, have been 
sustained by the owner or owners of said ground, by reason of such 
lock, canal, sluice, tow-path or other device passing through his, her 
or their land, which reports being confirmed by the court, judgment 
shall be entered and execution may issue, in case of non-payment, for 
the sum awarded, with reasonable cost to be assessed by the court. And 
it shall be the duty of the jury or the six appraisers as the case may be, 
in valuing any land, to take into consideration the advantage derived to 
the owner or owners of the premises from the said navigation ; Provided, 
That either party may appeal to the court, within thirty days after such 
report may have been filed in the prothonotary’s office of the proper 
county, in the same manner as appeals allowed in other cases: And pro- 
vided also, That if any person owning land or any other property which 
shall be affected by this act, be femme coverte, under age, non compos 
mentis, or out of the state, then and in either of those cases the said 
Josiah White, George F. A. Hauto and Erskine Hazard, their heirs and 
assigns, shall within one year thereafter, represent the same to a neigh- 
boring justice of the peace, or to the court of common pleas of the 
county as the case may be, who shall proceed thereon in the same manner 
and to the same effect as is directed by this act in similar cases. 
Sect. 4. And be it further enacted by the authority aforesaid, That 
the said Josiah White, George F. A. Hauto and Erskine Hazard, their 
heirs and assigns, by and with their superintendents, engineers, artists, 
workmen and laborers, with their tools, instruments, carts, waggons and 
other carriages and beasts of draft and burthen, may enter upon lands 
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