NAVIGABLE RIVERS - APPROPRIATION OF BEDS
                 Act of Apr. 11, 1848, P.L. 533, No. 370              Cl. 68
                                  AN ACT

     To encourage the further development of the mineral resources of
        the commonwealth of Pennsylvania.

        Section 1.  Appropriation of beds of navigable rivers
        It shall be the duty of the Surveyor General, on application
     to him made, to issue his warrant or warrants, for not exceeding
     in quantity one hundred acres, to any one person who may apply
     for the same, to the deputy surveyor of any county, directing
     him to survey so much of the bed of any of the public navigable
     rivers of this Commonwealth, as may be called in said
     application, beginning at a point designated in the application
     at low water mark, on the bank of said river, and pursuing the
     course of said river at low water mark, as far as designated;
     then at right angles across said river to low water mark; thence
     along the shore of said river, at low water mark, to a point
     opposite the place of beginning; and thence across said river to
     the place of beginning; the original of which to be filed in the
     office of the Surveyor General, and a copy to be directed to his
     deputy of the proper county, whose duty it shall be to survey
     the same, and make return thereof as soon as possible.  1848,
     April 11, P.L. 533, Sec. 1.
        Section 2.  Right to dig, mine, etc; to vest in party in
     whose favor warrant shall issue
        From and after the issuing of said warrant, the right to dig
     and mine for iron, coal, limestone, sand and gravel, fire-clay,
     and other minerals, shall vest and be in the party in whose
     favor the said warrant or warrants shall issue, his heirs or
     assigns: Provided, That he or they shall so exercise the said
     right as not in any way to interfere with the free navigation of
     said river, or with the rights of any person or persons holding
     property on the banks thereof: Provided also, That nothing
     contained in this act shall authorize any person to undermine
     the bed of any river, the navigation of which has been improved
     by the Commonwealth or by any incorporated company, within one
     hundred yards from any dam, lock or other building necessary to
     said improvement, without the consent of the canal
     commissioners, or the board of managers of said company; and
     nothing contained in this proviso shall in any way be construed
     to extend to any works or mines now in operation, or to affect
     any rights now vested under existing laws: And provided also,
     That the Commonwealth shall have the right, after twenty years
     from this date, to revoke any such warrant or grant, on payment
     to the party, his heirs or assigns, holding the same, the
     original purchase money, and the original costs of his works,
     engine, etc.; such power of revocation only to be in force where
     there is any improvement made.  1848, April 11, P.L. 533, Sec.
     2.
        Section 3.  Patent to be received on warrant, at any time
     within ten years
        The person or persons so holding said warrant or warrants,
     his or their heirs or assigns, shall and may, at any time within
     ten years from the date of the same, have and receive a patent
     for the said land, under the Seal of the Commonwealth, in the
     usual form, granting to them, their heirs and assigns, the right
     to dig and mine iron, coal, limestone, sand and gravel, fire-
     clay, or any other mineral, on his or their paying into the
     Treasury of the Commonwealth the usual price per acre of public
     lands, and the usual fees, with interest from the date of the
     said warrant, subject to the restrictions contained in the
     second section of this act: And provided, That nothing in this
     act shall prevent or be a bar to any indictment for any nuisance
     or injury done by any person or persons so exercising said
     rights, to any public or private property, or for any impediment
     to the full and free navigation of any of the said navigable
     rivers.  1848, April 11, P.L. 533, Sec. 3.